I 
112TH CONGRESS 
2D SESSION 
H. R. 5952 
To require each Federal agency to submit and obtain approval from the 
Director of the Office of Science and Technology Policy of guidelines 
for ensuring and maximizing the quality, objectivity, utility, and integrity 
of scientific information relied upon by the agency. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 18, 2012 
Mr. MANZULLO (for himself, Mr. MCINTYRE, Mr. BUCSHON, Mr. FINCHER, 
Mr. JOHNSON of Illinois, Mr. BOSWELL, and Mr. KISSELL) introduced 
the following bill; which was referred to the Committee on Oversight and 
Government Reform 
A BILL 
To require each Federal agency to submit and obtain ap-
proval from the Director of the Office of Science and 
Technology Policy of guidelines for ensuring and maxi-
mizing the quality, objectivity, utility, and integrity of 
scientific information relied upon by the agency. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. REQUIREMENT FOR FINAL GUIDELINES. 
(a) IN GENERAL.—Not later than January 1, 2013, 
each Federal agency shall have in effect guidelines for en-
suring and maximizing the quality, objectivity, utility, and 
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integrity of scientific information relied upon by such 
agency. 
(b) CONTENT OF GUIDELINES.—The guidelines de-
scribed 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-es-
tablished scientific processes, including peer re-
view where appropriate; 
(B) the agency appropriately applies the 
scientific information to the policy decision; 
(C) except for information that is pro-
tected from disclosure by law or administrative 
practice, the agency makes available to the pub-
lic the scientific information considered by the 
agency; 
(D) the agency gives greatest weight to in-
formation that is based on experimental, empir-
ical, 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 proce-
dures that include, to the extent feasible and 
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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 reason-
ably obtainable scientific, technical, economic, and 
other evidence and information concerning the need 
for, consequences of, and alternatives to the deci-
sion; and 
(3) the agency has in place procedures to iden-
tify 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 
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to be arbitrary, capricious, an abuse of discretion, and oth-
erwise not in accordance with law. 
(e) DEFINITIONS.— 
(1) POLICY DECISION.—The term ‘‘policy deci-
sion’’ 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 in-
cludes— 
(A) the listing, labeling, or other identifica-
tion of a substance, product, or activity as haz-
ardous or creating risk to human health, safety, 
or the environment; and 
(B) agency guidance. 
(2) AGENCY
GUIDANCE.—The term ‘‘agency 
guidance’’ means an agency statement of general ap-
plicability and future effect, other than a regulatory 
action, that sets forth a policy on a statutory, regu-
latory, or technical issue or on an interpretation of 
a statutory or regulatory issue. 
Æ 
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