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ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
Administrative Conference Recommendation 2013-3
Science in the Administrative Process
Adopted June 14, 2013
Over the last three decades, several authorities made recommendations for improving
transparency in the use of science1 in the administrative process.2 Partially in response to these
recommendations, the executive branch and Congress have made a number of reforms to the
scientific process undergirding agency decisionmaking. In 2009, President Obama issued a
memorandum directing that, [t]o the extent permitted by law, there should be transparency in
the preparation, identification, and use of scientific and technological information in
policymaking.3 Each agency should [also] have appropriate rules and procedures to ensure
the integrity of the scientific process within the agency.4 The Office of Science and Technology
Policy (OSTP) elaborated upon this memorandum in 2010, instructing agencies to
communicate scientific and technological findings by including a clear explication of underlying
1 The scope of this recommendation is limited to the natural sciences (e.g., chemistry, physics, medical science,
geology, etc.), mathematics, statistics, computer science, and other allied fields. It is based upon a report that
deals with agency research and decisionmaking related to the natural sciences. WENDY WAGNER, SCIENCE IN
REGULATION: A STUDY OF AGENCY DECISIONMAKING APPROACHES (Feb. 18, 2013), available at
http://www.acus.gov/sites/default/files/documents/Science%20in%2ORegulation_Final%2OReport_2_18_13_0.pdf
2 See e.g. NAT'L RESEARCH COUNCIL, REVIEW OF THE ENVIRONMENTAL PROTECTION AGENCY'S DRAFT IRIS ASSESSMENT OF
FORMALDEHYDE (2011); COMM. ON RISK ASSESSMENT OF HAZARDOUS AIR POLLUTANTS, NAT'L RESEARCH COUNCIL, SCIENCE AND
JUDGMENT IN RISK ASSESSMENT (1994); NAT'L RESEARCH COUNCIL, RISK ASSESSMENT IN THE FEDERAL GOVERNMENT: MANAGING THE
PROCESS (1983); BIPARTISAN POLICY CTR., IMPROVING THE USE OF SCIENCE IN REGULATORY POLICY 16, 41-42 (2009) [hereinafter
BPC REPORT]; see also CTR. FOR EFFECTIVE GOV'T, ADVANCING THE PUBLIC INTEREST THROUGH REGULATORY REFORM:
RECOMMENDATIONS FOR PRESIDENT-ELECT OBAMA AND THE 111TH CONGRESS 26, 34, 47 (2008).
Memorandum from the Admin. of Barack H. Obama for the Heads of Executive Departments and Agencies on
Scientific Integrity, DAILY COMP. PRES. DOCs., 2009 DCPD No. 00137 (Mar. 9, 2009) [hereinafter Obama Scientific
Integrity Memo], available at http://www.gpo.gov/fdsys/pkg/DCPD-200900137/pdf/DCPD-200900137.pdf.
4 Id.
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