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which forms the basis for such rule or of any analysis
under section 431(a). In addition, the Director of the Of-
fice of Management and Budget may order that peer re-
view be provided for any major risk assessment or cost
assessment that is likely to have a significant impact on
public policy decisions.
(c) CONTENTS.—Each peer review under this section
shall include a report to the Federal agency concerned
with respect to the scientific and economic merit of data
and methods used for the assessments and analyses.
(d) RESPONSE TO PEER REVIEW.—The head of the
Federal agency shall provide a written response to all sig-
nificant peer review comments.
(e) AVAILABILITY TO PUBLIC.—All peer review com-
ments or conclusions and the agency’s responses shall be
made available to the public and shall be made part of
the administrative record.
(f) PREVIOUSLY REVIEWED DATA AND ANALYSIS.—
No peer review shall be required under this section for
any data or method which has been previously subjected
to peer review or for any component of any analysis or
assessment previously subjected to peer review.
(g) NATIONAL PANELS.—The President shall appoint
National Peer Review Panels to annually review the risk
assessment and cost assessment practices of each Federal
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agency for programs designed to protect human health,
safety, or the environment. The Panel shall submit a re-
port to the Congress no less frequently than annually con-
taining the results of such review.
TITLE IV—JUDICIAL REVIEW
SEC. 441. JUDICIAL REVIEW.
Compliance or noncompliance by a Federal agency
with the requirements of this Act shall be reviewable pur-
suant to the statute granting the agency authority to act
or, as applicable, that statute and the Administrative Pro-
cedure Act. The court with jurisdiction to review final
agency action under the statute granting the agency au-
thority to act shall have jurisdiction to review, at the same
time, the agency’s compliance with the requirements of
this Act. When a significant risk assessment document or
risk characterization document subject to title I is part
of the administrative record in a final agency action, in
addition to any other matters that the court may consider
in deciding whether the agency’s action was lawful, the
court shall consider the agency action unlawful if such sig-
nificant risk assessment document or significant risk char-
acterization document does not substantially comply with
the requirements of sections 444 and 445.
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TITLE V—PLAN
SEC. 451. PLAN FOR ASSESSING NEW INFORMATION.
(a) PLAN.—Within 18 months after the date of en-
actment of this Act, each covered Federal agency (as de-
fined in title I) shall publish a plan to review and, where
appropriate revise any significant risk assessment docu-
ment or significant risk characterization document pub-
lished prior to the expiration of such 18-month period if,
based on information available at the time of such review,
the agency head determines that the application of the
principles set forth in sections 414 and 415 would be likely
to significantly alter the results of the prior risk assess-
ment or risk characterization. The plan shall provide pro-
cedures for receiving and considering new information and
risk assessments from the public. The plan may set prior-
ities and procedures for review and, where appropriate, re-
vision of such risk assessment documents and risk charac-
terization documents and of health or environmental ef-
fects values. The plan may also set priorities and proce-
dures for review, and, where appropriate, revision or re-
peal of major rules promulgated prior to the expiration
of such period. Such priorities and procedures shall be
based on the potential to more efficiently focus national
economic resources within Federal regulatory programs
designed to protect human health, safety, or the environ-
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ment on the most important priorities and on such other
factors as such Federal agency considers appropriate.
(b) PUBLIC COMMENT AND CONSULTATION.—The
plan under this section, shall be developed after notice and
opportunity for public comment, and after consultation
with representatives of appropriate State, local, and tribal
governments, and such other departments and agencies,
offices, organizations, or persons as may be advisable.
TITLE VI—PRIORITIES
SEC. 461. PRIORITIES.
(a) IDENTIFICATION OF OPPORTUNITIES.—In order
to assist in the public policy and regulation of risks to
public health, the President shall identify opportunities to
reflect priorities within existing Federal regulatory pro-
grams designed to protect human health in a cost-effective
and cost-reasonable manner. The President shall identify
each of the following:
(1) The likelihood and severity of public health
risks addressed by current Federal programs.
(2) The number of individuals affected.
(3) The incremental costs and risk reduction
benefits associated with regulatory or other strate-
gies.
(4) The cost-effectiveness of regulatory or other
strategies to reduce risks to public health.
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(5) Intergovernmental relationships among Fed-
eral, State, and local governments among programs
designed to protect public health.
(6) Statutory, regulatory, or administrative ob-
stacles to allocating national economic resources
based on the most cost-effective, cost-reasonable pri-
orities considering Federal, State, and local pro-
grams.
(b) STATE, LOCAL, AND TRIBAL PRIORITIES.—In
identifying national priorities, the President shall consider
priorities developed and submitted by State, local, and
tribal governments.
(c) BIENNIAL REPORTS.—The President shall issue
biennial reports to Congress, after notice and opportunity
for public comment, to recommend priorities for modifica-
tions to, elimination of, or strategies for existing Federal
regulatory programs designed to protect public health.
Within 6 months after the issuance of the report, the
President shall notify the Congress in writing of the rec-
ommendations which can be implemented without further
legislative changes and the agency shall consider the prior-
ities set forth in the report and priorities developed and
submitted by State, local, and tribal governments when
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preparing a budget or strategic plan for any such regu-
latory program.
Passed the House of Representatives March 3,
1995.
Attest:
ROBIN H. CARLE,
Clerk.
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