Bill Summary
The "Literature Selection Technical Review Committee Reform Act of 2021" is a bill that seeks to amend the Public Health Service Act in order to increase due process and transparency at the National Library of Medicine (NLM). This would involve the listing and delisting of journals in the NLM's databases, such as MEDLINE. The bill requires the Secretary of Health and Human Services to comply with certain requirements related to the review and selection of journals. These include using objective metrics and methodologies for evaluating the scientific and editorial quality of journals, as well as ensuring a fair and independent review process. The bill also outlines the process for a journal to appeal a decision to remove it from the NLM's databases, giving the journal the opportunity to provide additional information and participate in the review process. Additionally, the bill allows previously delisted journals the chance to reapply for inclusion in the NLM's databases.
Possible Impacts
1. Transparency and due process for journal listings: This legislation could affect people by providing more transparency and due process for journals that are listed or delisted in the National Library of Medicine's collections. This means that individuals and organizations who rely on these collections for research and information would have a better understanding of the criteria and process for selecting and removing journals from the collections. This could lead to a more fair and objective evaluation of journals, potentially impacting the credibility and accessibility of information for researchers, healthcare professionals, and the general public.
2. Impact on journals and their publishers: The legislation outlines a specific process for journals to be reviewed and potentially removed from the National Library of Medicine's collections. This could have a significant impact on the journals and their publishers, as they may face financial consequences and loss of visibility if they are delisted. This could potentially limit the dissemination of important research and information and affect the careers and livelihoods of researchers and publishers.
3. Right to appeal decisions: The legislation provides journals with the right to appeal a decision to remove them from the collections. This could affect people by giving them an opportunity to present their case and potentially reverse a delisting decision, allowing them to continue to be listed in the collections. This could also provide a sense of fairness and accountability in the review process for those who may feel their journal was unfairly delisted.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5520 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5520
To amend the Public Health Service Act to increase due process and
transparency at the National Library of Medicine in listing and
delisting journals in MEDLINE (or any other current or successor
databases or indices), and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 8, 2021
Mr. Jacobs of New York introduced the following bill; which was
referred to the Committee on Energy and Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to increase due process and
transparency at the National Library of Medicine in listing and
delisting journals in MEDLINE (or any other current or successor
databases or indices), and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Literature Selection Technical
Review Committee Reform Act of 2021''.
SEC. 2. JOURNAL COLLECTION OF NATIONAL LIBRARY OF MEDICINE.
Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.)
is amended by inserting after section 467 of such Act (42 U.S.C. 286a-
1) the following new section:
``SEC. 468. JOURNAL COLLECTION.
``(a) In General.--In acquiring, preserving, organizing,
publishing, and disseminating journals through the National Library of
Medicine, including through the Literature Selection Technical Review
Committee (or any successor committee) and MEDLINE (or any other
current or successor databases or indices), the Secretary shall comply
with the requirements of this section.
``(b) Review Metrics and Methodologies.--
``(1) Specification of objective metric requirement.--The
Secretary shall require the Literature Selection Technical
Review Committee (or any successor committee) to evaluate the
scientific and editorial character and quality of a journal
based only on an objective scoring rubric.
``(2) Metrics and methodologies used to include and remove
journals from collections.--The Secretary shall specify and
make publicly available the objective metrics and methodologies
pursuant to which the Library lists and removes journals in the
Library's collections, including--
``(A) all rubrics and other guidance documents used
in carrying out a journal review;
``(B) the specific metrics used in determining the
outcome of a journal review, including those related to
a journal's--
``(i) scope and coverage;
``(ii) editorial policies and processes;
``(iii) scientific and methodological
rigor;
``(iv) production and administration;
``(v) impact; and
``(vi) any other issues taken into account
in determining the review outcome; and
``(C) the methodology for determining the outcome
of a journal review and for ensuring that the outcome
is objective.
``(3) Initial specification.--The Secretary shall comply
with this subsection beginning not later than 60 days after the
date of enactment of this section.
``(c) Processes for and Standards of Review.--The Secretary shall
specify and make publicly available the processes for and standards of
review of journals, including--
``(1) the scope of review;
``(2) a timeline including detailed steps of the review;
``(3) any other guidelines used to ensure the objectivity
of reviews; and
``(4) the process used to ensure journals selected for
reevaluation are provided--
``(A) notice;
``(B) a clear description of why the journal was
selected for reevaluation; and
``(C) an opportunity for the journal to address
identified concerns prior to formal submission for
reevaluation.
``(d) Ensuring Independent Advice and Expertise.--Regarding the
members of the Literature Selection Technical Review Committee (and any
successor committee):
``(1) Independence.--The Secretary shall appoint the
members without regard to political affiliation or political
campaign activity.
``(2) Process.--The Secretary shall--
``(A) not less than annually, solicit nominations
for potential members; and
``(B) before making an appointment--
``(i) provide a publicly accessible
mechanism for interested persons to comment on
the potential member; and
``(ii) take such comments into
consideration.
``(e) Reevaluation Process.--
``(1) Notification of intent to reevaluate.--Before
selecting a journal for reevaluation for MEDLINE (or any other
current or successor databases or indices), the Secretary
shall--
``(A) notify the journal in writing of the
Secretary's intention to refer the journal to the
Literature Selection Technical Review Committee (or any
successor committee) for review;
``(B) provide the journal a list of concerns that
form the basis for such referral;
``(C) provide the journal a period of 60 days,
beginning on the date of such notification, to respond
to the concerns forming the basis for the referral to
the Literature Selection Technical Review Committee (or
any successor committee) for review; and
``(D) provide for an independent review process
that considers the concerns and the journal's response
and determines whether the concerns were resolved.
``(2) Concerns not resolved.--If a journal fails during the
60-day period described in paragraph (1)(C) to resolve to the
Secretary's satisfaction the concerns forming the basis for the
referral to the Literature Selection Technical Review Committee
(or any successor committee) for review, the Secretary shall--
``(A) provide a detailed explanation to the journal
of the initial concerns and why the journal has not
satisfactorily resolved such concerns;
``(B) provide the journal a reasonable opportunity
to meet and discuss such concerns and the explanation
required by subparagraph (A); and
``(C) after providing such explanation and
opportunity to meet, issue a determination about
whether the journal is to be referred to the Literature
Selection Technical Review Committee (or a successor
committee) for reevaluation.
``(3) Right to supplement application.--A journal selected
for reevaluation pursuant to the process described under this
subsection shall have the right to supplement its MEDLINE
application through the provision of additional information and
statements, which shall be presented to the Literature
Selection Technical Review Committee (or a successor committee)
during its consideration of the journal.
``(4) Right to be present.--A journal being reviewed by the
Literature Selection Technical Review Committee (or a successor
committee) pursuant to a referral under paragraph (2)(C) shall
have the right to be present at such review.
``(5) Right to an explanation; period for appeal.--
``(A) In general.--If, upon review pursuant to this
section, the Literature Selection Technical Review
Committee (or any successor committee) recommends that
a journal be removed from MEDLINE (or any other current
or successor databases or indices), and the Secretary
agrees with such recommendation and issues a decision
to remove the journal, the journal shall have--
``(i) the right to receive detailed
information regarding each reviewer's objective
score, any subsequent Literature Selection
Technical Review Committee (or any successor
committee) discussion, and a detailed
explanation of the decision so the journal may
address the concerns raised in subsequent
applications; and
``(ii) a period of 60 days to appeal the
Secretary's decision.
``(B) No change to status during appeal.--During
the 60-day period under subparagraph (A) and during an
appeal under paragraph (6), the Secretary shall not
make any change in the journal's status with MEDLINE
(or any other current or successor databases or
indices).
``(6) Appeals.--
``(A) In general.--The Secretary shall establish
and make publicly available a standardized process for
journals to appeal a decision described in paragraph
(5)(A).
``(B) Meeting.--Pursuant to the process established
under subparagraph (A), the Literature Selection
Technical Review Committee (or any successor committee)
shall determine, at the Committee's next meeting that
takes place at least 30 days after an appeal is filed,
whether to recommend that the Secretary's decision to
remove the journal involved should be reversed. Prior
to the Committee making such a determination, the
journal shall be afforded an opportunity to--
``(i) attend such meeting;
``(ii) present its appeal in person or, if
it so chooses, in writing; and
``(iii) submit supplemental material in
support of its appeal, which shall be provided
to the Literature Selection Technical Review
Committee (or any successor committee) for its
review and consideration.
``(C) Final recommendation.--After meeting pursuant
to subparagraph (B) with respect to a decision to
remove a journal, the Literature Selection Technical
Review Committee (or any successor committee) shall--
``(i) make a final recommendation with
respect such removal; and
``(ii) concurrently with the transmission
of such final recommendation to the Secretary,
notify the journal of such final
recommendation.
``(D) Final decision.--Not later than 30 days after
receiving a final recommendation pursuant to
subparagraph (C), the Secretary shall--
``(i) make a final decision as to whether
the journal should be removed from MEDLINE (or
any other current or successor databases or
indices); and
``(ii) notify the journal of such decision,
including by providing a detailed explanation
of such decision.
``(E) Post-decision period.--If the Secretary
decides pursuant to subparagraph (D) to remove a
journal, the Secretary shall--
``(i) notify the journal in writing and
provide the journal a period of 30 days from
the date of such notice to inform its authors,
subscribers, and other relevant parties that
the journal will no longer be listed on
MEDLINE; and
``(ii) refrain from removing the journal
until the conclusion of such 30-day period.
``(F) Right to reapply.--Any journal that is
removed pursuant to this section from MEDLINE (or any
other current or successor databases or indices) shall,
beginning on the date that is one year after the date
of its removal, have the right to reapply, but not more
than once each year, to be re-listed in MEDLINE (or any
successor databases or indices).
``(7) Previously delisted journals.--Any journal that was
removed from MEDLINE on or after January 1, 2016, and before
the date of enactment of this section, shall be given an
opportunity during the 60-day period following such date of
enactment to appeal the removal decision. Any such appeal shall
be resolved pursuant to the process described in paragraph
(6).''.
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