"Science Integrity Act" (for U.S. Taxacomers; 209 lines)

[Peter Rauch]

For U.S. Taxacomers, mostly...

"Science Integrity Act"?, or "Bureacratic Cliques as Peer Reviewers"?

Check out the news brief in SCIENCE (AAAS), pg 1121, 20 Feb 98,
"Legislator and EPA Critic Team Up on New Science Bill", and read the
_draft_ H.R. 3234 bill, below. If you don't like it, complain to your
Representative.

If you don't know, Rep. Pombo (R. CA) is one of the very top
anti-environmental legislators in Congress. Is this an attempt to toss
more obstacles into the path of environmental protections?
Peter

HR 3234 IH
105th CONGRESS
2d Session

To require peer review of scientific data used in support of
Federal regulations, and for other purposes.

                   IN THE HOUSE OF REPRESENTATIVES
                          February 12, 1998

Mr. POMBO (for himself, Mr. LEWIS of California, Mr. MCKEON, Mr.
    SESSIONS, Mr. STUMP, Mr. DOOLITTLE, and Mr. COBURN) introduced
    the following bill; which was referred to the Committee on
    Government Reform and Oversight, and in addition to the
    Committee on Science, for a period to be subsequently
    determined by the Speaker, in each case for consideration of
    such provisions as fall within the jurisdiction of the
    committee concerned
                               A BILL
To require peer review of scientific data used in support of
Federal regulations, and for other purposes.

 [Italic->]   Be it enacted by the Senate and House of
Representatives of the United States of America in Congress
assembled, [<-Italic]

SECTION 1. SHORT TITLE.

  This Act may be cited as the `Science Integrity Act'.

SEC. 2. PEER REVIEW REQUIREMENT.

  (a) IN GENERAL- Not later than January 1, 1999, the head of each
Federal department or agency which issues or may issue regulations
supported by scientific data shall issue regulations under this
section establishing procedures to ensure that the acquisition,
interpretation, incorporation, and application of all such
scientific data is subject to peer review by at least 2 but not
more than 5 individuals from the list created pursuant to
subsection (b).

  (b) LIST OF PEER REVIEWERS- The head of each Federal department
or agency which issues or may issue regulations supported by
scientific data shall create, using the Federal Register,
scientific and commercial journals, the National Academy of
Sciences, and other similar resources, a list of individuals who
are qualified and willing to perform peer review functions for the
department or agency. Such list shall include only individuals who--

      (1) by virtue of advanced education, training, or
    avocational, academic, commercial, research, or other
    experience, are competent to review the appropriateness of any
    scientific methodology supporting regulations that the
    department or agency may issue, the validity of any conclusions
    drawn from the supporting data, and the competency of the
    research or preparation of the scientific data; and

      (2) are not otherwise employed by or under contract with the
    department or agency.

  (c) SELECTION OF PEER REVIEWERS- The head of each department or
agency shall select individuals from the list created pursuant to
subsection (b) to peer review each proposed regulation of the
department or agency that is supported by scientific data. No
individual shall be selected who--

      (1) has actively participated in advocating or opposing the
    issuance of the proposed regulation;

      (2) has a direct financial interest in the proposed
    regulation; or

      (3) is employed by or related to any person having a direct
    financial interest in the proposed regulation.

  (d) PROVISION OF SCIENTIFIC DATA TO PEER REVIEWERS- Peer
reviewers selected under subsection (c) shall be provided with all
scientific data used in support of the proposed regulation, and any
other related data requested by the peer reviewer that is
reasonably available to the department or agency.

  (e) EXPENSES- Peer reviewers selected under subsection (c) shall
be reimbursed by the department or agency for expenses directly
incurred in performing the peer review, but shall not otherwise be
compensated for performing the peer review.

  (f) AVAILABILITY FOR PUBLIC COMMENT- Upon receipt of all peer
review reports for a proposed regulation, the head of a department
or agency shall publish in the Federal Register a notice of the
availability of those reports, and the scientific data reviewed
therein, for public comment. The department or agency shall make
such reports and scientific data readily available upon request and
shall receive public comment thereon for a period of 60 days after
the publication of notice in the Federal Register.

  (g) REVIEW BY OFFICE OF REGULATIONS INTEGRITY- Within 30 days
after the completion of a public comment period described in
subsection (f), the head of a department or agency shall transmit
to the Office of Regulations Integrity established under section 3--

      (1) each peer review report;

      (2) all scientific data used in support of the proposed
    regulation or requested by a peer reviewer;

      (3) the response of the head of the department or agency to
    points of disagreement, if any, among the peer reviewers; and

      (4) all public comments received.

The proposed regulation may not be issued in final form until 30
days after the transmittal under this subsection. Any
recommendations of the Office of Regulations Integrity in response
to a transmittal under this subsection shall be provided to the
department or agency, the President, and the Congress.

  (h) FINAL ISSUANCE- The publication of a final regulation peer
reviewed under this section shall include a summary of the related
peer review reports and any points of disagreement among the peer
reviewers, and the response of the head of the department or agency
to the peer review reports.

  (i) EMERGENCY EXCEPTION- Regulations issued under subsection (a)
shall include provisions that permit the issuance of regulations
supported by scientific data in emergency circumstances without
peer review, on the condition that peer review be completed within
90 days after such issuance.

SEC. 3. OFFICE OF REGULATIONS INTEGRITY.

  (a) ESTABLISHMENT- There is established an Office of Regulations
Integrity (in this section referred to as the `Office').

  (b) DUTIES- The duties of the Office shall be--

      (1) to review regulations issued by each department or agency
    under section 2(a), and if the Office determines that such
    regulations do not represent the expert opinions of a majority
    of the scientists who will be carrying out peer reviews under
    section 2, or that such regulations are inadequate or
    inappropriate in any respect, to notify the department or
    agency, the President, and the Congress;

      (2) to transmit to the President and the Congress an annual
    report on the performance of each department or agency in
    complying with its regulations issued under section 2(a); and

      (3) to review regulations issued by a department or agency
    with supporting scientific data, if the Office has reason to
    believe the regulations were issued, or the scientific data was
    acquired, interpreted, incorporated, or applied, in a manner
    significantly inconsistent with the regulations issued by the
    department or agency under section 2(a), and if the Office
    finds the issuance, acquisition, interpretation, incorporation,
    or application to be inconsistent with the regulations issued
    by the department or agency under section 2(a), to notify the
    department or agency, the President, and the Congress.

  (c) ACCESS TO INFORMATION- The Office shall be provided access by
a department or agency to information required for carrying out a
review under subsection (b).

  (d) DIRECTOR-

      (1) APPOINTMENT- The Office shall have a Director, who shall
    be appointed by the President, subject to confirmation by the
    Senate, for a term of 1 year.

      (2) QUALIFICATIONS- The Director shall be a person with a
    scientific background, in good standing in the scientific
    community.

      (3) BASIC PAY- The Director shall be paid at a rate not to
    exceed the rate of basic pay for level III of the Executive
    Schedule, under section 5314 of title 5, United States Code.

  (e) STAFF- The professional staff of the Office shall be persons
with scientific backgrounds, in good standing in the scientific
community.

  (f) ADMINISTRATIVE SUPPORT- The Office of Management and Budget
shall provide such administrative support as the Office established
under this section requires, but the Director of the Office of
Management and Budget shall have no responsibilities with respect
to carrying out the duties of the Office under this section.

SEC. 4. DEFINITION OF PEER REVIEW.

  For purposes of this Act, the term `peer review' means
identifying technical or scientific deficiencies of a proposal,
assessing whether the methodology and analysis supporting a
proposal conform to the standards of the academic and scientific
community, and determining whether a proposal is supported by
sufficient credible evidence.