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S. 578 (115th): BEST Act

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The text of the bill below is as of Mar 8, 2017 (Introduced). The bill was not enacted into law.

Summary of this bill

The Better Evaluation of Science and Technology Act would require federal agencies to be more transparent about the science sources they use when crafting regulations.

“This bill requires each agency, before making a rule that would affect all Americans, to use the ‘best available’ science,” lead House sponsor Rep. Ralph Norman (R-SC5) said in a press release. “No longer are rules going to be made by Federal agencies behind closed doors and unavailable to Congress and the public.”

“Since 2009, the operational cost of our nation’s regulations exceeds $100 billion annually. Many times, Congress, as well as the American people, can be left in the dark on these why …

II

115th CONGRESS

1st Session

S. 578

IN THE SENATE OF THE UNITED STATES

March 8, 2017

introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs

A BILL

To amend title 5, United States Code, to provide requirements for agency decision making based on science.

1.

Short title

This Act may be cited as the Better Evaluation of Science and Technology Act or the BEST Act.

2.

Use of scientific information in rule making

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.

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