Introduction

Federal agencies too often rely on “weight-of-evidence” judgments of scientific quality without providing transparent, explicit, consistent, and pre-determined rules to determine how to weigh evidence. The lack of explicit guidance allows federal agencies to make arbitrary, politicized judgments. Federal agencies should reform their procedures for determining “weight-of-evidence” judgments to prevent arbitrary and/or politicized decision-making.

Our model bill requires federal agencies to establish transparent, explicit, consistent, and falsifiable “weight-of-evidence” judgments. It also requires federal agencies to include judgments of negative and null studies as well as of positive studies.

Our model bill refers to the {Administrator of the Environmental Protection Agency}. The bill should be adjusted by policymakers to refer to some or all individual federal agencies funding science grants.

Model Legislative Text

1. Weight-of-Evidence Reform. The {Administrator of the Environmental Protection Agency} within one calendar year of {Month Day, Year} shall promulgate new guidance on how to use Weight of Evidence. The draft will be submitted for public comment with at least a 60-day comment period. The draft will:
   1. replace wherever possible “weight-of-evidence” judgments with transparent and explicit rules with consistent definitions, consistent inclusion criteria, consistent exclusion criteria, and consistent weighting criteria;
   2. require regulators to justify remaining “weight of evidence” judgments by means of coherent arguments that can be falsified by independent critique; and
   3. require regulators to include judgments of the quality of the science of negative and null studies whenever they include judgments of the quality of the science of positive studies.
2. Severability. If any provision of this chapter, or the application of any provision to any person or circumstance, is held to be invalid, the remainder of this chapter and the application of its provisions to any other person or circumstance shall not be affected thereby.