I

106TH CONGRESS

1ST SESSION H. R. 574

To require peer review of scientific data used in support of Federal

regulations, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 4, 1999

Mr. POMBO (for himself, Mr. DOOLITTLE, Mr. NORWOOD, and Mr. COBURN)

introduced the following bill; which was referred to the Committee on

Government Reform, 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Science Integrity Act’’.

5 SEC. 2. PEER REVIEW REQUIREMENT.

6 (a) IN GENERAL.—Not later than January 1, 2001,

7 the head of each Federal department or agency which

8 issues or may issue regulations supported by scientific
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1 data shall issue regulations under this section establishing

2 procedures to ensure that the acquisition, interpretation,

3 incorporation, and application of all such scientific data

4 is subject to peer review by at least 2 but not more than

5 5 individuals from the list created pursuant to subsection

6 (b).

7 (b) LIST OF PEER REVIEWERS.—The head of each

8 Federal department or agency which issues or may issue

9 regulations supported by scientific data shall create, using

10 the Federal Register, scientific and commercial journals,

11 the National Academy of Sciences, and other similar re12 sources, a list of individuals who are qualified and willing

13 to perform peer review functions for the department or

14 agency. Such list shall include only individuals who—

15 (1) by virtue of advanced education, training, or

16 avocational, academic, commercial, research, or

17 other experience, are competent to review the appro18 priateness of any scientific methodology supporting

19 regulations that the department or agency may

20 issue, the validity of any conclusions drawn from the

21 supporting data, and the competency of the research

22 or preparation of the scientific data; and

23 (2) are not otherwise employed by or under con24 tract with the department or agency.
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1 (c) SELECTION OF PEER REVIEWERS.—The head of

2 each department or agency shall select individuals from

3 the list created pursuant to subsection (b) to peer review

4 each proposed regulation of the department or agency that

5 is supported by scientific data. No individual shall be se6 lected who—

7 (1) has actively participated in advocating or

8 opposing the issuance of the proposed regulation;

9 (2) has a direct financial interest in the pro10 posed regulation; or

11 (3) is employed by or related to any person hav12 ing a direct financial interest in the proposed regula13 tion.

14 (d) PROVISION OF SCIENTIFIC DATA TO PEER RE15 VIEWERS.—Peer reviewers selected under subsection (c)

16 shall be provided with all scientific data used in support

17 of the proposed regulation, and any other related data re18 quested by the peer reviewer that is reasonably available

19 to the department or agency.

20 (e) EXPENSES.—Peer reviewers selected under sub21 section (c) shall be reimbursed by the department or agen22 cy for expenses directly incurred in performing the peer

23 review, but shall not otherwise be compensated for per24 forming the peer review.
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1 (f) AVAILABILITY FOR PUBLIC COMMENT.—Upon re2 ceipt of all peer review reports for a proposed regulation,

3 the head of a department or agency shall publish in the

4 Federal Register a notice of the availability of those re5 ports, and the scientific data reviewed therein, for public

6 comment. The department or agency shall make such re7 ports and scientific data readily available upon request

8 and shall receive public comment thereon for a period of

9 60 days after the publication of notice in the Federal Reg10 ister.

11 (g) CONGRESSIONAL REVIEW.—Within 30 days after

12 the completion of a public comment period described in

13 subsection (f), the head of a department or agency shall

14 transmit to the Congress—

15 (1) each peer review report;

16 (2) all scientific data used in support of the

17 proposed regulation or requested by a peer reviewer;

18 (3) the response of the head of the department

19 or agency to points of disagreement, if any, among

20 the peer reviewers; and

21 (4) all public comments received.

22 The proposed regulation may not be issued in final form

23 until 30 days after the transmittal under this subsection.

24 (h) FINAL ISSUANCE.—The publication of a final reg25 ulation peer reviewed under this section shall include a
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1 summary of the related peer review reports and any points

2 of disagreement among the peer reviewers, and the re3 sponse of the head of the department or agency to the

4 peer review reports.

5 (i) EMERGENCY EXCEPTION.—Regulations issued

6 under subsection (a) shall include provisions that permit

7 the issuance of regulations supported by scientific data in

8 emergency circumstances without peer review, on the con9 dition that peer review be completed within 90 days after

10 such issuance.

11 SEC. 3. DEFINITION OF PEER REVIEW.

12 For purposes of this Act, the term ‘‘peer review’’

13 means identifying technical or scientific deficiencies of a

14 proposal, assessing whether the methodology and analysis

15 supporting a proposal conform to the standards of the aca16 demic and scientific community, and determining whether

17 a proposal is supported by sufficient credible evidence.

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