[Congressional Record (Bound Edition), Volume 158 (2012), Part 9]
[House]
[Page 11921]
[From the U.S. Government Publishing Office, www.gpo.gov]




                               AMENDMENTS

  Under clause 8 of rule XVIII, proposed amendments were submitted as 
follows:

                               H.R. 4078

                        Offered By: Mr. Manzullo

       Amendment No 1:
       Add at the end of the bill the following:

   TITLE VIII--ENSURING HIGH STANDARDS FOR AGENCY USE OF SCIENTIFIC 
                              INFORMATION

     SEC. 801. 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.--For purposes of this section:
       (1) Agency.--The term ``agency'' has the meaning given such 
     term in section 551(1) of title 5, United States Code.
       (2) 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.
       (3) 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.