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H.R. 1430 (115th): HONEST Act

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The text of the bill below is as of Mar 30, 2017 (Referred to Senate Committee). The bill was not enacted into law.

Summary of this bill

Environmental Protection Agency supporters have had a rough couple of months: a potential 31 percent budget cut, a new administrator who made his name by suing the EPA for overreach, and congressional bills to abolish the agency or at least prevent it from regulating climate change-causing greenhouse gases.

Another bill that passed the House would curtail the ability of the EPA to issue any environmental regulation based upon the science they cite.

What the bill does and what supporters say

The Honest and Open New EPA Science Treatment Act, labelled H.R. 1430 in the House, would prevent the EPA from “proposing, finalizing, or disseminating” any regulation unless …

IIB

115th CONGRESS

1st Session

H. R. 1430

IN THE SENATE OF THE UNITED STATES

March 30, 2017

Received; read twice and referred to the Committee on Environment and Public Works

AN ACT

To prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible.

1.

Short title

This Act may be cited as the Honest and Open New EPA Science Treatment Act of 2017 or the HONEST Act.

2.

Data transparency

Section 6(b) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4363 note) is amended to read as follows:

(b)
(1)

The Administrator shall not propose, finalize, or disseminate a covered action unless all scientific and technical information relied on to support such covered action is—

(A)

the best available science;

(B)

specifically identified; and

(C)

publicly available online in a manner that is sufficient for independent analysis and substantial reproduction of research results, except that any personally identifiable information, trade secrets, or commercial or financial information obtained from a person and privileged or confidential, shall be redacted prior to public availability.

(2)

The redacted information described in paragraph (1)(C) shall be disclosed to a person only after such person signs a written confidentiality agreement with the Administrator, subject to guidance to be developed by the Administrator.

(3)

Nothing in the subsection shall be construed as—

(A)

requiring the Administrator to disseminate scientific and technical information;

(B)

superseding any nondiscretionary statutory requirement; or

(C)

requiring the Administrator to repeal, reissue, or modify a regulation in effect on the date of enactment of the Honest and Open New EPA Science Treatment Act of 2017.

(4)

In this subsection—

(A)

the term covered action means a risk, exposure, or hazard assessment, criteria document, standard, limitation, regulation, regulatory impact analysis, or guidance; and

(B)

the term scientific and technical information includes—

(i)

materials, data, and associated protocols necessary to understand, assess, and extend conclusions;

(ii)

computer codes and models involved in the creation and analysis of such information;

(iii)

recorded factual materials; and

(iv)

detailed descriptions of how to access and use such information.

(5)

The Administrator shall carry out this subsection in a manner that does not exceed $1,000,000 per fiscal year, to be derived from amounts otherwise authorized to be appropriated.

.

Passed the House of Representatives March 29, 2017.

Karen L. Haas,

Clerk