S.Amdt. 4098

SA 4098. Mr. LANKFORD submitted an amendment intended to be proposed
to amendment SA 3867 submitted by Mr. Reed and intended to be proposed
to the bill H.R. 4350, to authorize appropriations for fiscal year 2022
for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the appropriate place in title X, insert the following:

SEC. ____. USE OF SCIENTIFIC INFORMATION IN RULEMAKING.

Section 553 of title 5, United States Code, is amended by
adding at the end the following:
``(f) To the extent that an agency makes a decision based
on science when issuing a rule under this section, the agency
shall use scientific information, technical procedures,
measures, methods, protocols, methodologies, or models,
employed in a manner consistent with the best available
science, and shall consider as applicable--
``(1) the extent to which the scientific information,
technical procedures, measures, methods, protocols,
methodologies, or models employed to generate the information
are reasonable for and consistent with the intended use of
the information;
``(2) the extent to which the information is relevant for
use by the head of the agency in making a decision related to
issuing the rule;
``(3) the degree of clarity and completeness with which the
data, assumptions, methods, quality assurance, and analyses
employed to generate the information are documented;
``(4) the extent to which the variability and uncertainty
in the information, or in the procedures, measures, methods,
protocols, methodologies, or models, are evaluated and
characterized; and
``(5) the extent of independent verification or peer review
of the information or of the procedures, measures, methods,
protocols, methodologies, or models.
``(g) An agency shall make a decision described in
subsection (f) based on the weight of the scientific
evidence.
``(h) Each agency shall make available to the public--
``(1) all notices, determinations, findings, rules, consent
agreements, and orders of the head of the agency in
connection with a rule;
``(2) a nontechnical summary of each risk evaluation
conducted in connection with a rule; and
``(3) a list of the studies considered by the agency in
carrying out each risk evaluation described in paragraph (2),
along with the results of those studies.''.
______