[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5520 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 5520

  To amend the Public Health Service Act to increase due process and 
    transparency at the National Library of Medicine in listing and 
   delisting journals in MEDLINE (or any other current or successor 
             databases or indices), and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 8, 2021

    Mr. Jacobs of New York introduced the following bill; which was 
            referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to increase due process and 
    transparency at the National Library of Medicine in listing and 
   delisting journals in MEDLINE (or any other current or successor 
             databases or indices), 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 ``Literature Selection Technical 
Review Committee Reform Act of 2021''.

SEC. 2. JOURNAL COLLECTION OF NATIONAL LIBRARY OF MEDICINE.

    Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) 
is amended by inserting after section 467 of such Act (42 U.S.C. 286a-
1) the following new section:

``SEC. 468. JOURNAL COLLECTION.

    ``(a) In General.--In acquiring, preserving, organizing, 
publishing, and disseminating journals through the National Library of 
Medicine, including through the Literature Selection Technical Review 
Committee (or any successor committee) and MEDLINE (or any other 
current or successor databases or indices), the Secretary shall comply 
with the requirements of this section.
    ``(b) Review Metrics and Methodologies.--
            ``(1) Specification of objective metric requirement.--The 
        Secretary shall require the Literature Selection Technical 
        Review Committee (or any successor committee) to evaluate the 
        scientific and editorial character and quality of a journal 
        based only on an objective scoring rubric.
            ``(2) Metrics and methodologies used to include and remove 
        journals from collections.--The Secretary shall specify and 
        make publicly available the objective metrics and methodologies 
        pursuant to which the Library lists and removes journals in the 
        Library's collections, including--
                    ``(A) all rubrics and other guidance documents used 
                in carrying out a journal review;
                    ``(B) the specific metrics used in determining the 
                outcome of a journal review, including those related to 
                a journal's--
                            ``(i) scope and coverage;
                            ``(ii) editorial policies and processes;
                            ``(iii) scientific and methodological 
                        rigor;
                            ``(iv) production and administration;
                            ``(v) impact; and
                            ``(vi) any other issues taken into account 
                        in determining the review outcome; and
                    ``(C) the methodology for determining the outcome 
                of a journal review and for ensuring that the outcome 
                is objective.
            ``(3) Initial specification.--The Secretary shall comply 
        with this subsection beginning not later than 60 days after the 
        date of enactment of this section.
    ``(c) Processes for and Standards of Review.--The Secretary shall 
specify and make publicly available the processes for and standards of 
review of journals, including--
            ``(1) the scope of review;
            ``(2) a timeline including detailed steps of the review;
            ``(3) any other guidelines used to ensure the objectivity 
        of reviews; and
            ``(4) the process used to ensure journals selected for 
        reevaluation are provided--
                    ``(A) notice;
                    ``(B) a clear description of why the journal was 
                selected for reevaluation; and
                    ``(C) an opportunity for the journal to address 
                identified concerns prior to formal submission for 
                reevaluation.
    ``(d) Ensuring Independent Advice and Expertise.--Regarding the 
members of the Literature Selection Technical Review Committee (and any 
successor committee):
            ``(1) Independence.--The Secretary shall appoint the 
        members without regard to political affiliation or political 
        campaign activity.
            ``(2) Process.--The Secretary shall--
                    ``(A) not less than annually, solicit nominations 
                for potential members; and
                    ``(B) before making an appointment--
                            ``(i) provide a publicly accessible 
                        mechanism for interested persons to comment on 
                        the potential member; and
                            ``(ii) take such comments into 
                        consideration.
    ``(e) Reevaluation Process.--
            ``(1) Notification of intent to reevaluate.--Before 
        selecting a journal for reevaluation for MEDLINE (or any other 
        current or successor databases or indices), the Secretary 
        shall--
                    ``(A) notify the journal in writing of the 
                Secretary's intention to refer the journal to the 
                Literature Selection Technical Review Committee (or any 
                successor committee) for review;
                    ``(B) provide the journal a list of concerns that 
                form the basis for such referral;
                    ``(C) provide the journal a period of 60 days, 
                beginning on the date of such notification, to respond 
                to the concerns forming the basis for the referral to 
                the Literature Selection Technical Review Committee (or 
                any successor committee) for review; and
                    ``(D) provide for an independent review process 
                that considers the concerns and the journal's response 
                and determines whether the concerns were resolved.
            ``(2) Concerns not resolved.--If a journal fails during the 
        60-day period described in paragraph (1)(C) to resolve to the 
        Secretary's satisfaction the concerns forming the basis for the 
        referral to the Literature Selection Technical Review Committee 
        (or any successor committee) for review, the Secretary shall--
                    ``(A) provide a detailed explanation to the journal 
                of the initial concerns and why the journal has not 
                satisfactorily resolved such concerns;
                    ``(B) provide the journal a reasonable opportunity 
                to meet and discuss such concerns and the explanation 
                required by subparagraph (A); and
                    ``(C) after providing such explanation and 
                opportunity to meet, issue a determination about 
                whether the journal is to be referred to the Literature 
                Selection Technical Review Committee (or a successor 
                committee) for reevaluation.
            ``(3) Right to supplement application.--A journal selected 
        for reevaluation pursuant to the process described under this 
        subsection shall have the right to supplement its MEDLINE 
        application through the provision of additional information and 
        statements, which shall be presented to the Literature 
        Selection Technical Review Committee (or a successor committee) 
        during its consideration of the journal.
            ``(4) Right to be present.--A journal being reviewed by the 
        Literature Selection Technical Review Committee (or a successor 
        committee) pursuant to a referral under paragraph (2)(C) shall 
        have the right to be present at such review.
            ``(5) Right to an explanation; period for appeal.--
                    ``(A) In general.--If, upon review pursuant to this 
                section, the Literature Selection Technical Review 
                Committee (or any successor committee) recommends that 
                a journal be removed from MEDLINE (or any other current 
                or successor databases or indices), and the Secretary 
                agrees with such recommendation and issues a decision 
                to remove the journal, the journal shall have--
                            ``(i) the right to receive detailed 
                        information regarding each reviewer's objective 
                        score, any subsequent Literature Selection 
                        Technical Review Committee (or any successor 
                        committee) discussion, and a detailed 
                        explanation of the decision so the journal may 
                        address the concerns raised in subsequent 
                        applications; and
                            ``(ii) a period of 60 days to appeal the 
                        Secretary's decision.
                    ``(B) No change to status during appeal.--During 
                the 60-day period under subparagraph (A) and during an 
                appeal under paragraph (6), the Secretary shall not 
                make any change in the journal's status with MEDLINE 
                (or any other current or successor databases or 
                indices).
            ``(6) Appeals.--
                    ``(A) In general.--The Secretary shall establish 
                and make publicly available a standardized process for 
                journals to appeal a decision described in paragraph 
                (5)(A).
                    ``(B) Meeting.--Pursuant to the process established 
                under subparagraph (A), the Literature Selection 
                Technical Review Committee (or any successor committee) 
                shall determine, at the Committee's next meeting that 
                takes place at least 30 days after an appeal is filed, 
                whether to recommend that the Secretary's decision to 
                remove the journal involved should be reversed. Prior 
                to the Committee making such a determination, the 
                journal shall be afforded an opportunity to--
                            ``(i) attend such meeting;
                            ``(ii) present its appeal in person or, if 
                        it so chooses, in writing; and
                            ``(iii) submit supplemental material in 
                        support of its appeal, which shall be provided 
                        to the Literature Selection Technical Review 
                        Committee (or any successor committee) for its 
                        review and consideration.
                    ``(C) Final recommendation.--After meeting pursuant 
                to subparagraph (B) with respect to a decision to 
                remove a journal, the Literature Selection Technical 
                Review Committee (or any successor committee) shall--
                            ``(i) make a final recommendation with 
                        respect such removal; and
                            ``(ii) concurrently with the transmission 
                        of such final recommendation to the Secretary, 
                        notify the journal of such final 
                        recommendation.
                    ``(D) Final decision.--Not later than 30 days after 
                receiving a final recommendation pursuant to 
                subparagraph (C), the Secretary shall--
                            ``(i) make a final decision as to whether 
                        the journal should be removed from MEDLINE (or 
                        any other current or successor databases or 
                        indices); and
                            ``(ii) notify the journal of such decision, 
                        including by providing a detailed explanation 
                        of such decision.
                    ``(E) Post-decision period.--If the Secretary 
                decides pursuant to subparagraph (D) to remove a 
                journal, the Secretary shall--
                            ``(i) notify the journal in writing and 
                        provide the journal a period of 30 days from 
                        the date of such notice to inform its authors, 
                        subscribers, and other relevant parties that 
                        the journal will no longer be listed on 
                        MEDLINE; and
                            ``(ii) refrain from removing the journal 
                        until the conclusion of such 30-day period.
                    ``(F) Right to reapply.--Any journal that is 
                removed pursuant to this section from MEDLINE (or any 
                other current or successor databases or indices) shall, 
                beginning on the date that is one year after the date 
                of its removal, have the right to reapply, but not more 
                than once each year, to be re-listed in MEDLINE (or any 
                successor databases or indices).
            ``(7) Previously delisted journals.--Any journal that was 
        removed from MEDLINE on or after January 1, 2016, and before 
        the date of enactment of this section, shall be given an 
        opportunity during the 60-day period following such date of 
        enactment to appeal the removal decision. Any such appeal shall 
        be resolved pursuant to the process described in paragraph 
        (6).''.
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