[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5952 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5952

 To require each Federal agency to submit and obtain approval from the 
 Director of the Office of Science and Technology Policy of guidelines 
  for ensuring and maximizing the quality, objectivity, utility, and 
     integrity of scientific information relied upon by the agency.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2012

Mr. Manzullo (for himself, Mr. McIntyre, Mr. Bucshon, Mr. Fincher, Mr. 
   Johnson of Illinois, Mr. Boswell, and Mr. Kissell) introduced the 
 following bill; which was referred to the Committee on Oversight and 
                           Government Reform

_______________________________________________________________________

                                 A BILL


 
 To require each Federal agency to submit and obtain approval from the 
 Director of the Office of Science and Technology Policy of guidelines 
  for ensuring and maximizing the quality, objectivity, utility, and 
     integrity of scientific information relied upon by the agency.

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

SECTION 1. REQUIREMENT FOR FINAL GUIDELINES.

    (a) In General.--Not later than January 1, 2013, each Federal 
agency shall have in effect guidelines for ensuring and maximizing the 
quality, objectivity, utility, and integrity of scientific information 
relied upon by such agency.
    (b) Content of Guidelines.--The guidelines described in subsection 
(a), with respect to a Federal agency, shall ensure that--
            (1) when scientific information is considered by the agency 
        in policy decisions--
                    (A) the information is subject to well-established 
                scientific processes, including peer review where 
                appropriate;
                    (B) the agency appropriately applies the scientific 
                information to the policy decision;
                    (C) except for information that is protected from 
                disclosure by law or administrative practice, the 
                agency makes available to the public the scientific 
                information considered by the agency;
                    (D) the agency gives greatest weight to information 
                that is based on experimental, empirical, quantifiable, 
                and reproducible data that is developed in accordance 
                with well-established scientific processes; and
                    (E) with respect to any proposed rule issued by the 
                agency, such agency follows procedures that include, to 
                the extent feasible and permitted by law, an 
                opportunity for public comment on all relevant 
                scientific findings;
            (2) the agency has procedures in place to make policy 
        decisions only on the basis of the best reasonably obtainable 
        scientific, technical, economic, and other evidence and 
        information concerning the need for, consequences of, and 
        alternatives to the decision; and
            (3) the agency has in place procedures to identify and 
        address instances in which the integrity of scientific 
        information considered by the agency may have been compromised, 
        including instances in which such information may have been the 
        product of a scientific process that was compromised.
    (c) Approval Needed for Policy Decisions To Take Effect.--No policy 
decision issued after January 1, 2013, by an agency subject to this 
section may take effect prior to such date that the agency has in 
effect guidelines under subsection (a) that have been approved by the 
Director of the Office of Science and Technology Policy.
    (d) Policy Decisions Not in Compliance.--A policy decision of an 
agency that does not comply with guidelines approved under subsection 
(c) shall be deemed to be arbitrary, capricious, an abuse of 
discretion, and otherwise not in accordance with law.
    (e) Definitions.--
            (1) Policy decision.--The term ``policy decision'' means, 
        with respect to an agency, an agency action as defined in 
        section 551(13) of title 5, United States Code, (other than an 
        adjudication, as defined in section 551(7) of such title), and 
        includes--
                    (A) the listing, labeling, or other identification 
                of a substance, product, or activity as hazardous or 
                creating risk to human health, safety, or the 
                environment; and
                    (B) agency guidance.
            (2) Agency guidance.--The term ``agency guidance'' means an 
        agency statement of general applicability and future effect, 
        other than a regulatory action, that sets forth a policy on a 
        statutory, regulatory, or technical issue or on an 
        interpretation of a statutory or regulatory issue.
                                 <all>