IB
Union Calendar No. 418
105TH CONGRESS
2D SESSION
H. R. 2661
[Report No. 105–730]
To establish peer review for the review of standards promulgated under
the Occupational Safety and Health Act of 1970.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 9, 1997
Mr. MCINNIS (for himself, Mr. BAESLER, Mr. BONILLA, Mr. BOYD, Mr.
BUNNING, Mr. COOKSEY, Mr. CUNNINGHAM, Mr. LINDER, Mrs.
MORELLA, Mrs. NORTHUP, Mr. PETERSON of Pennsylvania, Ms. PRYCE
of Ohio, Mr. BOB SCHAFFER of Colorado, Mr. SNOWBARGER, and Mr.
WICKER) introduced the following bill; which was referred to the Commit-
tee on Education and the Workforce
SEPTEMBER 18, 1998
Additional sponsors: Mrs. MYRICK, Mr. PAXON, Mr. BOEHNER, Mr. HALL of
Texas, Mr. NORWOOD, Mr. PAUL, Mr. MILLER of Florida, Mr. TIAHRT,
Mr. MCINTOSH, Mr. HAYWORTH, Mr. HEFLEY, Mr. HOEKSTRA, Mr.
GOODLING, Mr. DELAY, Mrs. CHENOWETH, Mr. DOOLITTLE, Mrs.
CUBIN, Mr. SESSIONS, Mr. JONES, Mr. PEASE, Mr. FOLEY, Mr.
HASTINGS of Washington, Mr. HERGER, Mr. ROGERS, Mr. GOODE, Mr.
CALVERT, Mr. KNOLLENBERG, Mr. HOBSON, and Mr. LUCAS of Okla-
homa
SEPTEMBER 18, 1998
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
A BILL
To establish peer review for the review of standards promul-
gated under the Occupational Safety and Health Act
of 1970.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sound Scientific Prac-
tices Act’’.
SEC. 2. PEER REVIEW.
(a) IN GENERAL.—Whenever the Secretary of Labor
determines that a standard should be promulgated under
section 6 of the Occupational Safety and Health Act of
1970 in order to serve the objectives of such Act, the Sec-
retary shall appoint a panel of individuals to review—
(1) the scientific and economic data which
forms the basis for such standard, and
(2) the relevance of the data to industries and
workers which would be affected by such standard.
(b) PANEL.—
(1) IN
GENERAL.—A panel appointed under
subsection (a) for a standard shall be broadly rep-
resentative and balanced and shall include persons
with expertise in scientific and economic analysis
and persons with expertise relevant to any industry
which would be subject to such standard.
(2) CONFLICTS
OF
INTEREST.—Persons with
substantial and relevant expertise shall not be ex-
cluded from a panel merely because they represent
entities which may have potential interest in a
standard under consideration if that interest is fully
disclosed to the Secretary. In the case of a panel
considering a standard affecting a single entity, no
peer reviewer representing such entity may be in-
cluded on such panel.
(c) REPORTS.—Reports of a panel appointed under
subsection (a) for a standard, including any individual and
minority reports, shall be published together with any pro-
posed or final rule promulgating such standard. The Sec-
retary shall provide a written response to all significant
comments of the panel and shall include such responses
with the proposed or final rule to which the reports of
the panel members are attached.
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Sound Scientific Prac-
tices Act’’.
SEC. 2. PEER REVIEW.
(a) GENERAL RULE.—Whenever the Secretary of
Labor determines that a standard should be promulgated
under section 6(b) of the Occupational Safety and Health
Act of 1970, the Secretary shall, in order to serve the objec-
tives of such Act and in lieu of the authority of the Sec-
retary to appoint an advisory committee described in sec-
tion 6(b)(1) of such Act, appoint a panel of individuals to
review—
(1) the scientific and economic data which forms
the basis for such standard; and
(2) the relevance of the data to industries and
workers which would be affected by such standard.
(b) PANEL.—A panel appointed under subsection (a)
shall be balanced in terms of the points of view represented
and shall consist of persons who are able to give independ-
ent judgment and who have expertise in scientific or eco-
nomic analysis related to the matter which is the subject
of the standard. Any individual with a financial interest
in the outcome of the standard shall be excluded as a mem-
ber of the panel unless such individual fully discloses such
interest to the Secretary.
(c) REPORTS.—Reports of the panel, including any in-
dividual or minority reports, shall be published together
with any proposed or final rule promulgating a standard.
The Secretary shall provide a written response to all signifi-
cant comments of the panel and shall include such responses
with the proposed or final rule to which the reports of the
panel are attached.
(d) NEGOTIATED RULEMAKING.—The requirement of
subsection (a) shall not apply when the rule is completed
through negotiated rulemaking under subchapter III of
chapter 5 of title 5, United States Code.
Calendar No. 418
105TH CONGRESS
2D SESSION
H. R. 2661
[Report No. 105–730]
A BILL
To establish peer review for the review of standards
promulgated under the Occupational Safety and
Health Act of 1970.
SEPTEMBER 18, 1998
Reported with an amendment, committed to the Commit-
tee of the Whole House on the State of the Union, and
ordered to be printed