Sec. 2. Publication of scientific products for rules and related environmental impact statements, environmental assessments, and economic assessments
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Title V of the Surface Mining Control and Reclamation Act of 1977 ( 30 U.S.C. 1251 et seq. ) is amended by adding at the end the following: The Secretary shall make publicly available 90 days before the publication of any draft, proposed, supplemental, final, or emergency rule under this Act, or any related environmental analysis, economic assessment, policy, or guidance, each scientific product the Secretary relied on in developing the rule, environmental analysis, economic assessment, policy, or guidance.
For those scientific products receiving Federal funds in part, or in full, the Secretary shall also make publicly available the raw data used for the federally funded scientific product. Failure to make publicly available any scientific product 90 days before the publication of— any draft, proposed, or supplemental rule, environmental analysis, economic assessment, policy or guidance shall extend by one day the comment period for each day such scientific product is not made available; or any final or emergency rule shall delay the effective date of the final or emergency rule by 60 days plus each day the scientific product is withheld.
If the Secretary fails to make publicly available any scientific product for longer than 6 months, the Secretary shall withdraw the rule, environmental analysis, economic assessment, policy, or guidance. This subsection shall not apply if a delay in the publication of a rule will pose an imminent and severe threat to human life. In this section: The term publicly available means published on the Internet via a publicly accessible website under the Secretary’s control. The term environmental analysis means environmental impact statements and environmental assessments prepared pursuant to the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ).
The term scientific product means any product that— employs the scientific method for inventorying, monitoring, experimenting, studying, researching, or modeling purposes; and is relied upon by the Secretary in the development of any rule, environmental analysis, economic assessment, policy, or guidance. The term raw data — except as provided in subparagraph (B), means any computational process, or quantitative or qualitative data, that is relied on in a scientific product to support a finding or observation; and does not include such data or processes— that are protected by copyright; that contain personally identifiable information, sensitive intellectual property, trade secrets, or business-sensitive information; or to the extent that such data and processes are covered by the provisions of part C of title XI of the Social Security Act ( 42 U.S.C. 1320d et seq. ), regulations promulgated pursuant to section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note), and the provisions of subtitle D of title XIII of the Health Information Technology for Economic and Clinical Health Act ( 42 U.S.C. 17921 et seq. ). .
The table of contents in the first section of such Act is amended by adding at the end of the items relating to such title the following: Sec. 530. Publication of scientific products for rules and related environmental analyses, and economic assessments. .
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- 42 USC 1320d–2
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Sec. 2
Publication of scientific products for rules and related environmental impact statements, environmental assessments, and economic assessments
Cite42 USC 1320d–2
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