H.R. 1287House113th Congress (2013-2015)In Committee

Sound Science Act of 2013

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HouseIntro Referral Latest Action

Referred to the House Committee on Oversight and Government Reform.

Oversight and Government Reform Committee

March 20, 2013

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HouseIntro Referral

Introduced in House

March 20, 2013

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E344)

March 20, 2013

HouseIntro Referral

Referred to the House Committee on Oversight and Government Reform.

Oversight and Government Reform Committee

March 20, 2013

Floor Debate

2 members

What members said about H.R. 1287 on the floor

2 Democrats

Rep. Mike McIntyreD-NC-7 · Apr 10, 2013

Mr. Speaker, I rise to speak in support of H.R.1287, the Sound Science Act of 2013. Congressman Stephen Fincher and I introduced this bill on March 20, 2013 to ensure the highest level of Scientific…

Our bill is a sensible approach requiring federal agencies to develop scientific integrity policies that adhere to the scientific method, therefore maximizing the quality and integrity of science used in the regulatory decision-making process.

Mr. Speaker, this bill is a continuation of the efforts the Administration has put forth on the issue of scientific integrity. In March of 2009, President Obama issued a Presidential memorandum directing the Office of Science and Technology Policy (OSTP) to require federal departments and agencies to develop procedures ``for restoring scientific integrity to government decision making.''

At the beginning of last year, the President continued this work by issuing Executive Order 13563, ``Improving Regulation and Regulatory Review,'' which stated that each agency ``shall ensure the objectivity of any scientific and technological information and processes used to support the agency's regulatory actions.''

Since that process began, departments and agencies have developed their own policies to address the President's concerns. Unfortunately, not all agencies have made an equal commitment to scientific integrity.

In fact, earlier this month, the Union of Concerned Scientists (UCS), released a report on the status of such policies--now four years after this process started. Unfortunately, a variety of Departments and agencies have received an unfavorable review from UCS, including the Department of Energy, Health and Human Services, and the USDA to name a few. UCS notes that these departments have developed ``policies that do not make adequate commitments to scientific integrity.''

This bill attempts to address some of the inadequacies highlighted by UCS and builds on the Administration's initiative by codifying the requirement that the Director of the Office of Science and Technology Policy compel each federal agency to develop guidelines regarding the scientific information used by federal agencies.

Additionally, this legislation clarifies that scientific information be supported by peer review when appropriate; ensures that scientific studies used in making decisions be disclosed to the public, and requires an opportunity for stakeholder input.

It also requires federal agencies to give greatest weight to information based on reproducible data that is developed in accordance with the scientific method.

Finally, the bill establishes any regulatory action in violation of an agency's internal scientific integrity guidelines be deemed arbitrary and subject to challenge by affected stakeholders.

Mr. Speaker, I urge my colleagues to support this bill to ensure that government decisions are fact-based and made in sound science.

Rep. Rush HoltD-NJ-12 · Apr 16, 2013

Mr. Speaker, I ask unanimous consent to remove my name as a cosponsor of H.R. 1287.

Bill Text

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Introduced in HouseIssued March 20, 2013

113th CONGRESS

1st Session

H. R. 1287

IN THE HOUSE OF REPRESENTATIVES

March 20, 2013

Mr. Fincher (for himself, Mr. McIntyre, Mr. Crawford, Mr. Peterson, Mr. Bucshon, Mr. Bishop of Georgia, and Mr. Cole) introduced the following bill; which was referred to the Committee on Oversight and Government Reform

A BILL

To ensure high standards for Federal agency use of scientific information.

Short title

This Act may be cited as the Sound Science Act of 2013.

Ensuring high standards for agency use of scientific information

(a)

Requirement for final guidelines

Not later than January 1, 2014, each Federal agency shall have in effect guidelines for ensuring and maximizing the quality, objectivity, utility, and integrity of scientific information relied upon by such agency.

(b)

Content of guidelines

The guidelines described 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-established scientific processes, including peer review where appropriate;

(B)

the agency appropriately applies the scientific information to the policy decision;

(C)

except for information that is protected from disclosure by law or administrative practice, the agency makes available to the public the scientific information considered by the agency;

(D)

the agency gives greatest weight to information that is based on experimental, empirical, 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 procedures that include, to the extent feasible and 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 reasonably obtainable scientific, technical, economic, and other evidence and information concerning the need for, consequences of, and alternatives to the decision; and

(3)

the agency has in place procedures to identify 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, 2014, 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 to be arbitrary, capricious, an abuse of discretion, and otherwise not in accordance with law.

(e)

Definitions

For purposes of this section:

(1)

Agency

The term agency has the meaning given such term in section 551(1) of title 5, United States Code.

(2)

Policy decision

The term policy decision 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 includes—

(A)

the listing, labeling, or other identification of a substance, product, or activity as hazardous or creating risk to human health, safety, or the environment; and

(B)

agency guidance.

(3)

Agency guidance

The term agency guidance means an agency statement of general applicability and future effect, other than a regulatory action, that sets forth a policy on a statutory, regulatory, or technical issue or on an interpretation of a statutory or regulatory issue.