[Congressional Record Volume 167, Number 191 (Monday, November 1, 2021)]
[Senate]
[Page S7554]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4098. Mr. LANKFORD submitted an amendment intended to be proposed 
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed 
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022 
for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

        At the appropriate place in title X, insert the following:

     SEC. ____. USE OF SCIENTIFIC INFORMATION IN RULEMAKING.

       Section 553 of title 5, United States Code, is amended by 
     adding at the end the following:
       ``(f) To the extent that an agency makes a decision based 
     on science when issuing a rule under this section, the agency 
     shall use scientific information, technical procedures, 
     measures, methods, protocols, methodologies, or models, 
     employed in a manner consistent with the best available 
     science, and shall consider as applicable--
       ``(1) the extent to which the scientific information, 
     technical procedures, measures, methods, protocols, 
     methodologies, or models employed to generate the information 
     are reasonable for and consistent with the intended use of 
     the information;
       ``(2) the extent to which the information is relevant for 
     use by the head of the agency in making a decision related to 
     issuing the rule;
       ``(3) the degree of clarity and completeness with which the 
     data, assumptions, methods, quality assurance, and analyses 
     employed to generate the information are documented;
       ``(4) the extent to which the variability and uncertainty 
     in the information, or in the procedures, measures, methods, 
     protocols, methodologies, or models, are evaluated and 
     characterized; and
       ``(5) the extent of independent verification or peer review 
     of the information or of the procedures, measures, methods, 
     protocols, methodologies, or models.
       ``(g) An agency shall make a decision described in 
     subsection (f) based on the weight of the scientific 
     evidence.
       ``(h) Each agency shall make available to the public--
       ``(1) all notices, determinations, findings, rules, consent 
     agreements, and orders of the head of the agency in 
     connection with a rule;
       ``(2) a nontechnical summary of each risk evaluation 
     conducted in connection with a rule; and
       ``(3) a list of the studies considered by the agency in 
     carrying out each risk evaluation described in paragraph (2), 
     along with the results of those studies.''.
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