I 

113TH CONGRESS 

1ST SESSION H. R. 1287 

To ensure high standards for Federal agency use of scientific information. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2013 

Mr. FINCHER (for himself, Mr. MCINTYRE, Mr. CRAWFORD, Mr. PETERSON, 

Mr. BUCSHON, Mr. BISHOP of Georgia, and Mr. COLE) introduced the 

following bill; which was referred to the Committee on Oversight and 

Government Reform 

A BILL 

To ensure high standards for Federal agency use of scientific 

information. 

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 ‘‘Sound Science Act of 

5 2013’’. 

6 SEC. 2. ENSURING HIGH STANDARDS FOR AGENCY USE OF 

7 SCIENTIFIC INFORMATION. 

8 (a) REQUIREMENT FOR FINAL GUIDELINES.—Not 

9 later than January 1, 2014, each Federal agency shall 

10 have in effect guidelines for ensuring and maximizing the 


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1 quality, objectivity, utility, and integrity of scientific infor2 mation relied upon by such agency. 

3 (b) CONTENT OF GUIDELINES.—The guidelines de4 scribed in subsection (a), with respect to a Federal agency, 

5 shall ensure that— 

6 (1) when scientific information is considered by 

7 the agency in policy decisions— 

8 (A) the information is subject to well-es9 tablished scientific processes, including peer re10 view where appropriate; 

11 (B) the agency appropriately applies the 

12 scientific information to the policy decision; 

13 (C) except for information that is pro14 tected from disclosure by law or administrative 

15 practice, the agency makes available to the pub16 lic the scientific information considered by the 

17 agency; 

18 (D) the agency gives greatest weight to in19 formation that is based on experimental, empir20 ical, quantifiable, and reproducible data that is 

21 developed in accordance with well-established 

22 scientific processes; and 

23 (E) with respect to any proposed rule 

24 issued by the agency, such agency follows proce25 dures that include, to the extent feasible and 


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1 permitted by law, an opportunity for public 

2 comment on all relevant scientific findings; 

3 (2) the agency has procedures in place to make 

4 policy decisions only on the basis of the best reason5 ably obtainable scientific, technical, economic, and 

6 other evidence and information concerning the need 

7 for, consequences of, and alternatives to the deci8 sion; and 

9 (3) the agency has in place procedures to iden10 tify and address instances in which the integrity of 

11 scientific information considered by the agency may 

12 have been compromised, including instances in which 

13 such information may have been the product of a 

14 scientific process that was compromised. 

15 (c) APPROVAL NEEDED FOR POLICY DECISIONS TO

16 TAKE EFFECT.—No policy decision issued after January 

17 1, 2014, by an agency subject to this section may take 

18 effect prior to such date that the agency has in effect 

19 guidelines under subsection (a) that have been approved 

20 by the Director of the Office of Science and Technology 

21 Policy. 

22 (d) POLICY DECISIONS NOT IN COMPLIANCE.—A 

23 policy decision of an agency that does not comply with 

24 guidelines approved under subsection (c) shall be deemed 


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1 to be arbitrary, capricious, an abuse of discretion, and oth2 erwise not in accordance with law. 

3 (e) DEFINITIONS.—For purposes of this section: 

4 (1) AGENCY.—The term ‘‘agency’’ has the 

5 meaning given such term in section 551(1) of title 

6 5, United States Code. 

7 (2) POLICY DECISION.—The term ‘‘policy deci8 sion’’ means, with respect to an agency, an agency 

9 action as defined in section 551(13) of title 5, 

10 United States Code, (other than an adjudication, as 

11 defined in section 551(7) of such title), and in12 cludes— 

13 (A) the listing, labeling, or other identifica14 tion of a substance, product, or activity as haz15 ardous or creating risk to human health, safety, 

16 or the environment; and 

17 (B) agency guidance. 

18 (3) AGENCY GUIDANCE.—The term ‘‘agency 

19 guidance’’ means an agency statement of general ap20 plicability and future effect, other than a regulatory 

21 action, that sets forth a policy on a statutory, regu22 latory, or technical issue or on an interpretation of 

23 a statutory or regulatory issue. 

Æ 


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