I 

116TH CONGRESS 

2D SESSION H. R. 9009 

To amend the Public Health Service Act to increase the transparency of 

the process of 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 

DECEMBER 17, 2020 

Mr. GOSAR 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 the 

transparency of the process of 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. 

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 ‘‘Literature Selection 

5 Technical Review Committee Reform Act of 2020’’. 


SSpencer on DSK126QN23PROD with BILLS
2 

•HR 9009 IH

1 SEC. 2. JOURNAL COLLECTION OF NATIONAL LIBRARY OF 

2 MEDICINE. 

3 Title IV of the Public Health Service Act (42 U.S.C. 

4 281 et seq.) is amended by inserting after section 467 of 

5 such Act (42 U.S.C. 286a–1) the following new section: 

6 ‘‘SEC. 468. JOURNAL COLLECTION. 

7 ‘‘(a) IN GENERAL.—In acquiring, preserving, orga8 nizing, publishing, and disseminating journals through the 

9 National Library of Medicine, including through the Lit10 erature Selection Technical Review Committee (or any 

11 successor committee) and MEDLINE (or any other cur12 rent or successor databases or indices), the Secretary shall 

13 comply with the requirements of this section. 

14 ‘‘(b) SCORING RUBRIC.— 

15 ‘‘(1) SPECIFICATION OF METRICS.—The Sec16 retary shall specify and make publicly available the 

17 metrics pursuant to which the Library lists and 

18 delists journals in the Library’s collections, includ19 ing— 

20 ‘‘(A) the quality and importance metrics 

21 used; 

22 ‘‘(B) the ethics policies metrics; and 

23 ‘‘(C) the methodology for calculating a 

24 journal’s overall rating. 

25 ‘‘(2) INITIAL SPECIFICATION.—The Secretary 

26 shall comply with paragraph (1) beginning not later 


SSpencer on DSK126QN23PROD with BILLS
3 

•HR 9009 IH

1 than 60 days after the date of enactment of this sec2 tion. 

3 ‘‘(c) ENSURING INDEPENDENT ADVICE AND EXPER4 TISE.—Regarding the members of the Literature Selection 

5 Technical Review Committee (and any successor com6 mittee): 

7 ‘‘(1) INDEPENDENCE.—The Secretary shall ap8 point the members without regard to political affili9 ation or political campaign activity. 

10 ‘‘(2) PROCESS.—The Secretary shall— 

11 ‘‘(A) not less than annually, solicit nomina12 tions for potential members; and 

13 ‘‘(B) before making an appointment— 

14 ‘‘(i) provide a publicly accessible 

15 mechanism for interested persons to com16 ment on the potential member; and 

17 ‘‘(ii) take such comments into consid18 eration. 

19 ‘‘(d) DELISTING PROCESS.— 

20 ‘‘(1) NOTIFICATION.—Before delisting a journal 

21 from MEDLINE (or any other current or successor 

22 databases or indices), the Secretary shall— 

23 ‘‘(A) notify the journal of the Secretary’s 

24 intention to refer the journal to the Literature 


SSpencer on DSK126QN23PROD with BILLS
4 

•HR 9009 IH

1 Selection Technical Review Committee (or any 

2 successor committee) for review; and 

3 ‘‘(B) give the journal a period of 60 days, 

4 beginning on the date of such notification, to 

5 respond to the concerns forming the basis for 

6 the referral to the Literature Selection Tech7 nical Review Committee (or any successor com8 mittee) for review. 

9 ‘‘(2) CONCERNS NOT RESOLVED.— 

10 ‘‘(A) PROCESS.—If a journal fails during 

11 the 60-day period described in paragraph 

12 (1)(B) to resolve to the Secretary’s satisfaction 

13 the concerns forming the basis for the referral 

14 to the Literature Selection Technical Review 

15 Committee (or any successor committee) for re16 view, the Secretary shall— 

17 ‘‘(i) provide a detailed explanation to 

18 the journal of the initial concerns and why 

19 the journal has not satisfactorily resolved 

20 these concerns; and 

21 ‘‘(ii) after providing such explanation, 

22 issue a decision referring the journal to the 

23 Literature Selection Technical Review 

24 Committee (or a successor committee) for 

25 review. 


SSpencer on DSK126QN23PROD with BILLS
5 

•HR 9009 IH

1 ‘‘(B) RIGHT TO BE PRESENT.—A journal 

2 being reviewed pursuant to subparagraph 

3 (A)(ii)(II) shall have the right to be present at 

4 such review. 

5 ‘‘(3) PERIOD FOR APPEAL.— 

6 ‘‘(A) IN GENERAL.—If, upon review pursu7 ant to paragraph (2)(A)(ii), the Literature Se8 lection Technical Review Committee (or any 

9 successor committee) recommends that a jour10 nal be delisted from MEDLINE (or any other 

11 current or successor databases or indices), and 

12 the Secretary agrees with such recommendation 

13 and issues a decision to delist the journal, the 

14 journal shall have a period of 60 days to appeal 

15 the Secretary’s decision pursuant to paragraph 

16 (4). 

17 ‘‘(B) NO CHANGE TO STATUS DURING AP18 PEAL.—During the 60-day period under sub19 paragraph (A) and during an appeal under 

20 paragraph (4), the Secretary shall not make 

21 any change in the journal’s status with 

22 MEDLINE (or any other current or successor 

23 databases or indices). 

24 ‘‘(4) APPEALS.— 


SSpencer on DSK126QN23PROD with BILLS
6 

•HR 9009 IH

1 ‘‘(A) IN GENERAL.—The Secretary shall 

2 establish and make publicly available a stand3 ardized process for journals to appeal a decision 

4 described in paragraph (3)(A). 

5 ‘‘(B) MEETING.—Under the process under 

6 subparagraph (A), the Literature Selection 

7 Technical Review Committee (or any successor 

8 committee) shall determine, at the Committee’s 

9 next meeting that takes place at least 30 days 

10 after an appeal is filed, whether to recommend 

11 that the Secretary’s decision to delist the jour12 nal involved should be reversed. Prior to the 

13 Committee making such a determination, the 

14 journal shall be afforded an opportunity to— 

15 ‘‘(i) attend such meeting; and 

16 ‘‘(ii) present its appeal in person or, if 

17 it so chooses, in writing. 

18 ‘‘(C) FINAL RECOMMENDATION.—After 

19 meeting pursuant to subparagraph (B) with re20 spect to a decision to delist a journal, the Lit21 erature Selection Technical Review Committee 

22 (or any successor committee) shall— 

23 ‘‘(i) make a final recommendation 

24 with respect such delisting; and 


SSpencer on DSK126QN23PROD with BILLS
7 

•HR 9009 IH

1 ‘‘(ii) concurrently with the trans2 mission of such final recommendation to 

3 the Secretary, notify the journal of such 

4 final recommendation. 

5 ‘‘(D) FINAL DECISION.—Not later than 30 

6 days after receiving a final recommendation 

7 pursuant to subparagraph (C), the Secretary 

8 shall— 

9 ‘‘(i) make a final decision as to wheth10 er the journal should be delisted from 

11 MEDLINE (or any other current or suc12 cessor databases or indices); and 

13 ‘‘(ii) notify the journal of such deci14 sion, including by providing a detailed ex15 planation of such decision. 

16 ‘‘(E) POST-DECISION PERIOD.—If the Sec17 retary decides pursuant to subparagraph (D) to 

18 delist a journal, the Secretary shall— 

19 ‘‘(i) give the journal a period of 30 

20 days to inform its authors, subscribers, 

21 and other relevant parties that the journal 

22 will no longer be listed; and 

23 ‘‘(ii) refrain from delisting the journal 

24 until the conclusion of such 30-day period. 


SSpencer on DSK126QN23PROD with BILLS
8 

•HR 9009 IH

1 ‘‘(F) RIGHT TO REAPPLY.—Any journal 

2 that is delisted pursuant to this section from 

3 MEDLINE (or any other current or successor 

4 databases or indices) shall, beginning on the 

5 date that is one year after the date of its 

6 delisting, have the right to reapply, but not 

7 more than once each year, to be re-listed in 

8 MEDLINE (or any successor databases or indi9 ces). 

10 ‘‘(5) PREVIOUSLY DELISTED JOURNALS.—Any 

11 journal that was delisted from MEDLINE on or 

12 after January 1, 2016, and before the date of enact13 ment of this section, shall be given an opportunity 

14 during the 60-day period following such date of en15 actment to appeal the delisting. Any such appeal 

16 shall be resolved pursuant to the process described 

17 in paragraph (4).’’. 

Æ 


SSpencer on DSK126QN23PROD with BILLS