To modify a section relating to independent reviews.

SA 4682. Mr. INHOFE (for himself, Mr. Bond, Mr. Cochran, Mr. Thune,
Mr. Domenici, Mr. Burns, Mr. Cornyn, and Mrs. Hutchison) proposed an
amendment to the bill S. 728, to provide for the consideration and
development of water and related resources, to authorize the Secretary
of the Army to construct various projects for improvements to rivers
and harbors of the United States, and for other purposes; as follows:

Strike section 2007 and insert the following:

SEC. 2007. INDEPENDENT REVIEWS.

(a) Definitions.--In this section:
(1) Affected state.--The term ``affected State'' means a
State in which a water resources project is located, in whole
or in part.
(2) Eligible organization.--The term ``eligible
organization'' means an organization that--
(A) is described in section 501(c)(3), and exempt from
Federal tax under section 501(a), of the Internal Revenue
Code of 1986;
(B) is independent;
(C) is free from conflicts of interest;
(D) does not carry out or advocate for or against Federal
water resources projects; and
(E) has experience in establishing and administering peer
review panels.
(3) Project study.--
(A) In general.--The term ``project study'' means a
feasibility study or reevaluation study for a project.
(B) Inclusions.--The term ``project study'' includes any
other study associated with a modification or update of a
project that includes an environmental impact statement or an
environmental assessment.
(b) Peer Reviews.--
(1) Policy.--
(A) In general.--Major engineering, scientific, and
technical work products related to Corps of Engineers
decisions and recommendations to Congress should be peer
reviewed.
(B) Application.--This policy--
(i) applies to peer review of the scientific, engineering,
or technical basis of the decision or recommendation; and
(ii) does not apply to the decision or recommendation
itself.
(2) Guidelines.--
(A) In general.--Not later than the date that is 1 year
after the date of enactment of this Act, the Chief of
Engineers shall publish and implement guidelines to Corps of
Engineers Division and District Engineers for the use of peer
review (including independent peer review) of major
scientific, engineering, and technical work products that
support the recommendations of the Chief to Congress for
implementation of water resources projects.
(B) Information quality act.--The guidelines shall be
consistent with section 515 of Public Law 106-554 (114 Stat.
2763A153) (commonly known as the ``Information Quality
Act''), as implemented in Office of Management and Budget,
Revised Information Quality Bulletin for Peer Review, dated
December 15, 2004.
(C) Requirements.--The guidelines shall adhere to the
following requirements:
(i) Application of peer review.--Peer review shall--

(I) be applied only to the engineering, scientific, and
technical basis for recommendations; and
(II) shall not be applied to--

(aa) a specific recommendation; or
(bb) the application of policy to recommendations.
(ii) Projects subject to independent peer review.--

(I) In general.--The Chief of Engineers shall ensure that
each project study for a water resources project is subject
to review by an independent panel of experts if--

(aa) the project has an estimated total cost of more than
$100,000,000 (including mitigation costs); or
(bb) the Secretary determines that the project is
controversial because--

(AA) there is a significant dispute regarding the size,
nature, potential safety risks, or effects of the project; or
(BB) there is a significant dispute regarding the economic
or environmental costs or benefits of the project.
(II) Independent panels.--The Chief of Engineers may
consider whether to establish an independent panel of experts
to review a project study if--

(aa) the Governor of an affected State submits to the
Secretary a written request for the establishment of an
independent panel of experts for the project; or
(bb) the head of a Federal agency charged with reviewing
the project determines that the project is likely to have a
significant adverse impact on cultural, environmental, or
other resources under the jurisdiction of the agency and
submits to the Secretary a written request for the
establishment of an independent panel of experts for the
project.

(III) Review of technical specifications and design.--The
Chief of Engineers shall establish an independent panel of
experts, at the appropriate point in project planning, to
review and provide written comments on the technical and
design specifications of the Corps of Engineers for any water
resources project--

(aa) the performance of which is critical to the public
health, safety, and welfare;
(bb) the reliability of performance under emergency
conditions of which is critical;
(cc) that uses innovative materials or techniques; or
(dd) in any case in which--

(AA) the project design of which is lacking in redundancy;
or
(BB) the project has a unique construction sequencing or a
short or overlapping design construction schedule.

(iii) Analyses and evaluations in multiple project
studies.--Guidelines shall provide for conducting and
documenting peer review of major scientific, technical, or
engineering methods, models, procedures, or data that are
used for conducting analyses and evaluations in multiple
project studies.
(iv) Inclusions.--Peer review applied to project studies
may include a review of--

(I) the economic and environmental assumptions and
projections;
(II) project evaluation data;
(III) economic or environmental analyses;
(IV) engineering analyses;
(V) methods for integrating risk and uncertainty;
(VI) models used in evaluation of economic or environmental
impacts of proposed projects; and
(VII) any related biological opinions.

(v) Exclusion.--Peer review applied to project studies
shall exclude a review of any methods, models, procedures, or
data previously subjected to peer review.
(vi) Timing of review.--Peer review related to the
engineering, scientific, or technical basis of any project
study shall be completed prior to the completion of any Chief
of Engineers report for a specific water resources project.
(vii) Delays; increased costs.--Peer reviews shall be
conducted in a manner that does not--

(I) cause a delay in study completion; or
(II) increase costs.

(viii) Record of recommendations.--

(I) In general.--After receiving a report from any peer
review panel, the Chief of Engineers shall prepare a record
that documents--

(aa) any recommendations contained in the report; and

[[Page S7931]]

(bb) any written response for any recommendation adopted or
not adopted and included in the study documentation.

(II) Independent review record.--If the panel is an
independent peer review panel of a project study, the record
of the review shall be included with the report of the Chief
of Engineers to Congress.

(ix) Independent panel of experts.--

(I) In general.--Any independent panel of experts assembled
to review the engineering, science, or technical basis for
the recommendations of a specific project study shall--

(aa) complete the peer review of the project study and
submit to the Chief of Engineers a report not later than 180
days after the date of establishment of the panel, or (if the
Chief of Engineers determines that a longer period of time is
necessary) at the time established by the Chief, but in no
event later than 90 days after the date a draft project study
of the District Engineer is made available for public review;
and
(bb) terminate on the date of submission of the report by
the panel.

(II) Failure to complete review and report.--If an
independent panel does not complete the peer review of a
project study and submit to the Chief of Engineers a report
by the deadline established under subclause (I), the Chief of
Engineers shall continue the project without delay.

(3) Costs.--
(A) In general.--The costs of a panel of experts
established for a peer review under this section--
(i) shall be a Federal expense; and
(ii) shall not exceed $500,000 for review of the
engineering, scientific, or technical basis for any single
water resources project study.
(B) Waiver.--The Chief of Engineers may waive the $500,000
limitation under subparagraph (A) as the Chief of Engineers
determines appropriate.
(4) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit to Congress
a report describing the implementation of this section.
(5) Nonapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to any peer
review panel established under this section.
(6) Panel of experts.--The Chief of Engineers may contract
with the National Academy of Sciences (or a similar
independent scientific and technical advisory organization),
or an eligible organization, to establish a panel of experts
to peer review for technical and scientific sufficiency.
(7) Savings clause.--Nothing in this section affects any
authority of the Secretary or the Chief of Engineers to cause
or conduct a peer review of the engineering, scientific, or
technical basis of any water resources project in existence
on the date of enactment of this Act.
______