[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2661 Reported in House (RH)]






                                                 Union Calendar No. 418
105th CONGRESS
  2d Session
                                H. R. 2661

                          [Report No. 105-730]

To establish peer review for the review of standards promulgated under 
            the Occupational Safety and Health Act of 1970.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 9, 1997

   Mr. McInnis (for himself, Mr. Baesler, Mr. Bonilla, Mr. Boyd, Mr. 
 Bunning, Mr. Cooksey, Mr. Cunningham, Mr. Linder, Mrs. Morella, Mrs. 
   Northup, Mr. Peterson of Pennsylvania, Ms. Pryce of Ohio, Mr. Bob 
 Schaffer of Colorado, Mr. Snowbarger, and Mr. Wicker) introduced the 
 following bill; which was referred to the Committee on Education and 
                             the Workforce

                           September 18, 1998

 Additional sponsors: Mrs. Myrick, Mr. Paxon, Mr. Boehner, Mr. Hall of 
 Texas, Mr. Norwood, Mr. Paul, Mr. Miller of Florida, Mr. Tiahrt, Mr. 
  McIntosh, Mr. Hayworth, Mr. Hefley, Mr. Hoekstra, Mr. Goodling, Mr. 
  DeLay, Mrs. Chenoweth, Mr. Doolittle, Mrs. Cubin, Mr. Sessions, Mr. 
 Jones, Mr. Pease, Mr. Foley, Mr. Hastings of Washington, Mr. Herger, 
 Mr. Rogers, Mr. Goode, Mr. Calvert, Mr. Knollenberg, Mr. Hobson, and 
                         Mr. Lucas of Oklahoma

                           September 18, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To establish peer review for the review of standards promulgated under 
            the Occupational Safety and Health Act of 1970.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Sound Scientific Practices 
Act''.</DELETED>

<DELETED>SEC. 2. PEER REVIEW.</DELETED>

<DELETED>    (a) In General.--Whenever the Secretary of Labor 
determines that a standard should be promulgated under section 6 of the 
Occupational Safety and Health Act of 1970 in order to serve the 
objectives of such Act, the Secretary shall appoint a panel of 
individuals to review--</DELETED>
        <DELETED>    (1) the scientific and economic data which forms 
        the basis for such standard, and</DELETED>
        <DELETED>    (2) the relevance of the data to industries and 
        workers which would be affected by such standard.</DELETED>
<DELETED>    (b) Panel.--</DELETED>
        <DELETED>    (1) In general.--A panel appointed under 
        subsection (a) for a standard shall be broadly representative 
        and balanced and shall include persons with expertise in 
        scientific and economic analysis and persons with expertise 
        relevant to any industry which would be subject to such 
        standard.</DELETED>
        <DELETED>    (2) Conflicts of interest.--Persons with 
        substantial and relevant expertise shall not be excluded from a 
        panel merely because they represent entities which may have 
        potential interest in a standard under consideration if that 
        interest is fully disclosed to the Secretary. In the case of a 
        panel considering a standard affecting a single entity, no peer 
        reviewer representing such entity may be included on such 
        panel.</DELETED>
<DELETED>    (c) Reports.--Reports of a panel appointed under 
subsection (a) for a standard, including any individual and minority 
reports, shall be published together with any proposed or final rule 
promulgating such standard. The Secretary shall provide a written 
response to all significant comments of the panel and shall include 
such responses with the proposed or final rule to which the reports of 
the panel members are attached.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Sound Scientific Practices Act''.

SEC. 2. PEER REVIEW.

    (a) General Rule.--Whenever the Secretary of Labor determines that 
a standard should be promulgated under section 6(b) of the Occupational 
Safety and Health Act of 1970, the Secretary shall, in order to serve 
the objectives of such Act and in lieu of the authority of the 
Secretary to appoint an advisory committee described in section 6(b)(1) 
of such Act, appoint a panel of individuals to review--
            (1) the scientific and economic data which forms the basis 
        for such standard; and
            (2) the relevance of the data to industries and workers 
        which would be affected by such standard.
    (b) Panel.--A panel appointed under subsection (a) shall be 
balanced in terms of the points of view represented and shall consist 
of persons who are able to give independent judgment and who have 
expertise in scientific or economic analysis related to the matter 
which is the subject of the standard. Any individual with a financial 
interest in the outcome of the standard shall be excluded as a member 
of the panel unless such individual fully discloses such interest to 
the Secretary.
    (c) Reports.--Reports of the panel, including any individual or 
minority reports, shall be published together with any proposed or 
final rule promulgating a standard. The Secretary shall provide a 
written response to all significant comments of the panel and shall 
include such responses with the proposed or final rule to which the 
reports of the panel are attached.
    (d) Negotiated Rulemaking.--The requirement of subsection (a) shall 
not apply when the rule is completed through negotiated rulemaking 
under subchapter III of chapter 5 of title 5, United States Code.




                                                       Calendar No. 418

105th CONGRESS

  2d Session

                               H. R. 2661

                          [Report No. 105-730]

_______________________________________________________________________

                                 A BILL

To establish peer review for the review of standards promulgated under 
            the Occupational Safety and Health Act of 1970.

_______________________________________________________________________

                           September 18, 1998

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed