[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3234 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3234

 To require peer review of scientific data used in support of Federal 
                  regulations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 1998

   Mr. Pombo (for himself, Mr. Lewis of California, Mr. McKeon, Mr. 
  Sessions, Mr. Stump, Mr. Doolittle, and Mr. Coburn) introduced the 
   following bill; which was referred to the Committee on Government 
Reform and Oversight, and in addition to the Committee on Science, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To require peer review of scientific data used in support of Federal 
                  regulations, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Science Integrity Act''.

SEC. 2. PEER REVIEW REQUIREMENT.

    (a) In General.--Not later than January 1, 1999, the head of each 
Federal department or agency which issues or may issue regulations 
supported by scientific data shall issue regulations under this section 
establishing procedures to ensure that the acquisition, interpretation, 
incorporation, and application of all such scientific data is subject 
to peer review by at least 2 but not more than 5 individuals from the 
list created pursuant to subsection (b).
    (b) List of Peer Reviewers.--The head of each Federal department or 
agency which issues or may issue regulations supported by scientific 
data shall create, using the Federal Register, scientific and 
commercial journals, the National Academy of Sciences, and other 
similar resources, a list of individuals who are qualified and willing 
to perform peer review functions for the department or agency. Such 
list shall include only individuals who--
            (1) by virtue of advanced education, training, or 
        avocational, academic, commercial, research, or other 
        experience, are competent to review the appropriateness of any 
        scientific methodology supporting regulations that the 
        department or agency may issue, the validity of any conclusions 
        drawn from the supporting data, and the competency of the 
        research or preparation of the scientific data; and
            (2) are not otherwise employed by or under contract with 
        the department or agency.
    (c) Selection of Peer Reviewers.--The head of each department or 
agency shall select individuals from the list created pursuant to 
subsection (b) to peer review each proposed regulation of the 
department or agency that is supported by scientific data. No 
individual shall be selected who--
            (1) has actively participated in advocating or opposing the 
        issuance of the proposed regulation;
            (2) has a direct financial interest in the proposed 
        regulation; or
            (3) is employed by or related to any person having a direct 
        financial interest in the proposed regulation.
    (d) Provision of Scientific Data to Peer Reviewers.--Peer reviewers 
selected under subsection (c) shall be provided with all scientific 
data used in support of the proposed regulation, and any other related 
data requested by the peer reviewer that is reasonably available to the 
department or agency.
    (e) Expenses.--Peer reviewers selected under subsection (c) shall 
be reimbursed by the department or agency for expenses directly 
incurred in performing the peer review, but shall not otherwise be 
compensated for performing the peer review.
    (f) Availability for Public Comment.--Upon receipt of all peer 
review reports for a proposed regulation, the head of a department or 
agency shall publish in the Federal Register a notice of the 
availability of those reports, and the scientific data reviewed 
therein, for public comment. The department or agency shall make such 
reports and scientific data readily available upon request and shall 
receive public comment thereon for a period of 60 days after the 
publication of notice in the Federal Register.
    (g) Review by Office of Regulations Integrity.--Within 30 days 
after the completion of a public comment period described in subsection 
(f), the head of a department or agency shall transmit to the Office of 
Regulations Integrity established under section 3--
            (1) each peer review report;
            (2) all scientific data used in support of the proposed 
        regulation or requested by a peer reviewer;
            (3) the response of the head of the department or agency to 
        points of disagreement, if any, among the peer reviewers; and
            (4) all public comments received.
The proposed regulation may not be issued in final form until 30 days 
after the transmittal under this subsection. Any recommendations of the 
Office of Regulations Integrity in response to a transmittal under this 
subsection shall be provided to the department or agency, the 
President, and the Congress.
    (h) Final Issuance.--The publication of a final regulation peer 
reviewed under this section shall include a summary of the related peer 
review reports and any points of disagreement among the peer reviewers, 
and the response of the head of the department or agency to the peer 
review reports.
    (i) Emergency Exception.--Regulations issued under subsection (a) 
shall include provisions that permit the issuance of regulations 
supported by scientific data in emergency circumstances without peer 
review, on the condition that peer review be completed within 90 days 
after such issuance.

SEC. 3. OFFICE OF REGULATIONS INTEGRITY.

    (a) Establishment.--There is established an Office of Regulations 
Integrity (in this section referred to as the ``Office'').
    (b) Duties.--The duties of the Office shall be--
            (1) to review regulations issued by each department or 
        agency under section 2(a), and if the Office determines that 
        such regulations do not represent the expert opinions of a 
        majority of the scientists who will be carrying out peer 
        reviews under section 2, or that such regulations are 
        inadequate or inappropriate in any respect, to notify the 
        department or agency, the President, and the Congress;
            (2) to transmit to the President and the Congress an annual 
        report on the performance of each department or agency in 
        complying with its regulations issued under section 2(a); and
            (3) to review regulations issued by a department or agency 
        with supporting scientific data, if the Office has reason to 
        believe the regulations were issued, or the scientific data was 
        acquired, interpreted, incorporated, or applied, in a manner 
        significantly inconsistent with the regulations issued by the 
        department or agency under section 2(a), and if the Office 
        finds the issuance, acquisition, interpretation, incorporation, 
        or application to be inconsistent with the regulations issued 
        by the department or agency under section 2(a), to notify the 
        department or agency, the President, and the Congress.
    (c) Access to Information.--The Office shall be provided access by 
a department or agency to information required for carrying out a 
review under subsection (b).
    (d) Director.--
            (1) Appointment.--The Office shall have a Director, who 
        shall be appointed by the President, subject to confirmation by 
        the Senate, for a term of 1 year.
            (2) Qualifications.--The Director shall be a person with a 
        scientific background, in good standing in the scientific 
        community.
            (3) Basic pay.--The Director shall be paid at a rate not to 
        exceed the rate of basic pay for level III of the Executive 
        Schedule, under section 5314 of title 5, United States Code.
    (e) Staff.--The professional staff of the Office shall be persons 
with scientific backgrounds, in good standing in the scientific 
community.
    (f) Administrative Support.--The Office of Management and Budget 
shall provide such administrative support as the Office established 
under this section requires, but the Director of the Office of 
Management and Budget shall have no responsibilities with respect to 
carrying out the duties of the Office under this section.

SEC. 4. DEFINITION OF PEER REVIEW.

    For purposes of this Act, the term ``peer review'' means 
identifying technical or scientific deficiencies of a proposal, 
assessing whether the methodology and analysis supporting a proposal 
conform to the standards of the academic and scientific community, and 
determining whether a proposal is supported by sufficient credible 
evidence.
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