```

[House Report 114-33]
[From the U.S. Government Publishing Office]

114th Congress      }                             {      Report
                        HOUSE OF REPRESENTATIVES
 1st Session        }                             {      114-33

======================================================================
 
             EPA SCIENCE ADVISORY BOARD REFORM ACT OF 2015

                                _______
                                

 March 2, 2015.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

     Mr. Smith of Texas, from the Committee on Science, Space, and 
                  Technology, submitted the following

                              R E P O R T

                             together with

                             MINORITY VIEWS

                        [To accompany H.R. 1029]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Science, Space, and Technology, to whom 
was referred the bill (H.R. 1029) to amend the Environmental 
Research, Development, and Demonstration Authorization Act of 
1978 to provide for Scientific Advisory Board member 
qualifications, public participation, and for other purposes, 
having considered the same, report favorably thereon with an 
amendment and recommend that the bill as amended do pass.

                                CONTENTS

Committee Statement and Views....................................     4
Section-by-Section...............................................     7
Explanation of Amendments........................................     9
Committee Consideration..........................................     9
Roll Call Votes..................................................     9
Application of Law to the Legislative Branch.....................    11
Statement of Oversight Findings and Recommendations of the 
  Committee......................................................    11
Statement of General Performance Goals and Objectives............    11
Duplication of Federal Programs..................................    12
Disclosure of Directed Rule Makings..............................    12
Federal Advisory Committee Act...................................    12
Unfunded Mandate Statement.......................................    12
Earmark Identification...........................................    12
Committee Estimate...............................................    12
Budget Authority and Congressional Budget Office Cost Estimate...    12
Changes in Existing Law Made by the Bill as Reported.............    13
Minority Views...................................................    19

    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``EPA Science Advisory Board Reform Act 
of 2015''.

SEC. 2. SCIENCE ADVISORY BOARD.

  (a) Independent Advice.--Section 8(a) of the Environmental Research, 
Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 
4365(a)) is amended by inserting ``independently'' after ``Advisory 
Board which shall''.
  (b) Membership.--Section 8(b) of the Environmental Research, 
Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 
4365(b)) is amended to read as follows:
  ``(b)(1) The Board shall be composed of at least nine members, one of 
whom shall be designated Chairman, and shall meet at such times and 
places as may be designated by the Chairman.
  ``(2) Each member of the Board shall be qualified by education, 
training, and experience to evaluate scientific and technical 
information on matters referred to the Board under this section. The 
Administrator shall ensure that--
          ``(A) the scientific and technical points of view represented 
        on and the functions to be performed by the Board are fairly 
        balanced among the members of the Board;
          ``(B) at least ten percent of the membership of the Board are 
        from State, local, or tribal governments;
          ``(C) persons with substantial and relevant expertise are not 
        excluded from the Board due to affiliation with or 
        representation of entities that may have a potential interest 
        in the Board's advisory activities, so long as that interest is 
        fully disclosed to the Administrator and the public and 
        appointment to the Board complies with section 208 of title 18, 
        United States Code;
          ``(D) in the case of a Board advisory activity on a 
        particular matter involving a specific party, no Board member 
        having an interest in the specific party shall participate in 
        that activity;
          ``(E) Board members may not participate in advisory 
        activities that directly or indirectly involve review or 
        evaluation of their own work, unless fully disclosed to the 
        public and the work has been externally peer-reviewed;
          ``(F) Board members shall be designated as special Government 
        employees; and
          ``(G) no registered lobbyist is appointed to the Board.
  ``(3) The Administrator shall--
          ``(A) solicit public nominations for the Board by publishing 
        a notification in the Federal Register;
          ``(B) solicit nominations from relevant Federal agencies, 
        including the Departments of Agriculture, Defense, Energy, the 
        Interior, and Health and Human Services;
          ``(C) make public the list of nominees, including the 
        identity of the entities that nominated each, and shall accept 
        public comment on the nominees;
          ``(D) require that, upon their provisional nomination, 
        nominees shall file a written report disclosing financial 
        relationships and interests, including Environmental Protection 
        Agency grants, contracts, cooperative agreements, or other 
        financial assistance, that are relevant to the Board's advisory 
        activities for the three-year period prior to the date of their 
        nomination, and relevant professional activities and public 
        statements for the five-year period prior to the date of their 
        nomination; and
          ``(E) make such reports public, with the exception of 
        specific dollar amounts, for each member of the Board upon such 
        member's selection.
  ``(4) Disclosure of relevant professional activities under paragraph 
(3)(D) shall include all representational work, expert testimony, and 
contract work as well as identifying the party for which the work was 
done.
  ``(5) Except when specifically prohibited by law, the Agency shall 
make all conflict of interest waivers granted to members of the Board, 
member committees, or investigative panels publicly available.
  ``(6) Any recusal agreement made by a member of the Board, a member 
committee, or an investigative panel, or any recusal known to the 
Agency that occurs during the course of a meeting or other work of the 
Board, member committee, or investigative panel shall promptly be made 
public by the Administrator.
  ``(7) The terms of the members of the Board shall be three years and 
shall be staggered so that the terms of no more than one-third of the 
total membership of the Board shall expire within a single fiscal year. 
No member shall serve more than two terms over a ten-year period.''.
  (c) Record.--Section 8(c) of such Act (42 U.S.C. 4365(c)) is 
amended--
          (1) in paragraph (1)--
                  (A) by inserting ``or draft risk or hazard 
                assessment,'' after ``at the time any proposed'';
                  (B) by striking ``formal''; and
                  (C) by inserting ``or draft risk or hazard 
                assessment,'' after ``to the Board such proposed''; and
          (2) in paragraph (2)--
                  (A) by inserting ``or draft risk or hazard 
                assessment,'' after ``the scientific and technical 
                basis of the proposed''; and
                  (B) by adding at the end the following: ``The Board's 
                advice and comments, including dissenting views of 
                Board members, and the response of the Administrator 
                shall be included in the record with respect to any 
                proposed risk or hazard assessment, criteria document, 
                standard, limitation, or regulation and published in 
                the Federal Register.''.
  (d) Member Committees and Investigative Panels.--Section 8(e)(1)(A) 
of such Act (42 U.S.C. 4365(e)(1)(A)) is amended by adding at the end 
the following: ``These member committees and investigative panels--
                          ``(i) shall be constituted and operate in 
                        accordance with the provisions set forth in 
                        paragraphs (2) and (3) of subsection (b), in 
                        subsection (h), and in subsection (i);
                          ``(ii) do not have authority to make 
                        decisions on behalf of the Board; and
                          ``(iii) may not report directly to the 
                        Environmental Protection Agency.''.
  (e) Public Participation.--Section 8 of such Act (42 U.S.C. 4365) is 
amended by amending subsection (h) to read as follows:
  ``(h)(1) To facilitate public participation in the advisory 
activities of the Board, the Administrator and the Board shall make 
public all reports and relevant scientific information and shall 
provide materials to the public at the same time as received by members 
of the Board.
  ``(2) Prior to conducting major advisory activities, the Board shall 
hold a public information-gathering session to discuss the state of the 
science related to the advisory activity.
  ``(3) Prior to convening a member committee or investigative panel 
under subsection (e) or requesting scientific advice from the Board, 
the Administrator shall accept, consider, and address public comments 
on questions to be asked of the Board. The Board, member committees, 
and investigative panels shall accept, consider, and address public 
comments on such questions and shall not accept a question that unduly 
narrows the scope of an advisory activity.
  ``(4) The Administrator and the Board shall encourage public 
comments, including oral comments and discussion during the 
proceedings, that shall not be limited by an insufficient or arbitrary 
time restriction. Public comments shall be provided to the Board when 
received. The Board's reports shall include written responses to 
significant comments offered by members of the public to the Board.
  ``(5) Following Board meetings, the public shall be given 15 calendar 
days to provide additional comments for consideration by the Board.''.
  (f) Operations.--Section 8 of such Act (42 U.S.C. 4365) is further 
amended by amending subsection (i) to read as follows:
  ``(i)(1) In carrying out its advisory activities, the Board shall 
strive to avoid making policy determinations or recommendations, and, 
in the event the Board feels compelled to offer policy advice, shall 
explicitly distinguish between scientific determinations and policy 
advice.
  ``(2) The Board shall clearly communicate uncertainties associated 
with the scientific advice provided to the Administrator or Congress.
  ``(3) The Board shall ensure that advice and comments reflect the 
views of the members and shall encourage dissenting members to make 
their views known to the public, the Administrator, and Congress.
  ``(4) The Board shall conduct periodic reviews to ensure that its 
advisory activities are addressing the most important scientific issues 
affecting the Environmental Protection Agency.
  ``(5) The Board shall be fully and timely responsive to Congress.''.

SEC. 3. RELATION TO THE FEDERAL ADVISORY COMMITTEE ACT.

  Nothing in this Act or the amendments made by this Act shall be 
construed as supplanting the requirements of the Federal Advisory 
Committee Act (5 U.S.C. App.).

SEC. 4. RELATION TO THE ETHICS IN GOVERNMENT ACT OF 1978.

  Nothing in this Act or the amendments made by this Act shall be 
construed as supplanting the requirements of the Ethics in Government 
Act of 1978 (5 U.S.C. App.).

                     Committee Statement and Views

                          PURPOSE AND SUMMARY

    The purpose of H.R. 1029 is to amend the Environmental 
Research, Development, and Demonstration Authorization Act of 
1978 to provide for Science Advisory Board independence, member 
qualifications, public participation, and for other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Environmental Protection Agency's (EPA) Science Advisory 
Board (SAB) was established by Congress in the Environmental 
Research, Development, and Demonstration Authorization Act of 
1978 (ERDDAA).\1\ Under this authorization, the SAB provides 
scientific advice as may be requested by the EPA Administrator 
and interested Congressional Committees.
---------------------------------------------------------------------------
    \1\Public Law 95-155.
---------------------------------------------------------------------------
    Since its enactment, the size and function of the SAB has 
evolved. ERDDAA established a minimum number of nine members, 
one of which is to be the designated Chair. Members are 
appointed by the EPA Administrator to serve a three-year term 
and may be reappointed for a second three-year term. There are 
currently 47 members on the chartered SAB; however, this number 
fluctuates as members rotate off and new members are appointed. 
The SAB and its subcommittees and ad hoc subpanels provide 
scientific advice on a wide range of issues, including stream 
and wetland connectivity, hydraulic fracturing, environmental 
justice screening, and regulatory cost estimates.\2\ The Board 
has also begun providing advice on the science underlying 
several potential, forthcoming Agency regulatory activities.\3\
---------------------------------------------------------------------------
    \2\http://yosemite.epa.gov/sab/sabproduct.nsf/
WebProjectsbyTopicBOARD!OpenView.
    \3\Dave Reynolds, ``Advisors Narrow List Of Pending EPA Rules For 
Novel Scientific Scrutiny,'' Inside EPA, March 11, 2013, http://
insideepa.com/201303112427282/EPA-Daily-News/Daily-News/advisors-
narrow-list-of-pending-epa-rules-for-novel-scientific-scrutiny/menu-id-
95.html.
---------------------------------------------------------------------------
    The SAB is operated in accordance with the Federal Advisory 
Committee Act of 1972, which requires that advisory panels have 
a charter and be ``fairly balanced in terms of the points of 
view represented and the functions to be performed.'' According 
to EPA, SAB's mission includes:
           Reviewing the quality and relevance of the 
        scientific and technical information being used or 
        proposed as the basis for Agency regulations;
           Reviewing research programs and the 
        technical basis of applied programs;
           Reviewing generic approaches to regulatory 
        science, including guidelines governing the use of 
        scientific and technical information in regulatory 
        decisions, and critiquing such analytic methods as 
        mathematical modeling;
           Advising the Agency on broad scientific 
        matters in science, technology, social and economic 
        issues; and
           Advising the Agency on emergency and other 
        short-notice programs.\4\
---------------------------------------------------------------------------
    \4\http://yosemite.epa.gov/sab/sabpeople.nsf/Webcommittees/BOARD.
---------------------------------------------------------------------------
    Toward those goals, the chartered SAB conducts much of its 
work through subcommittees or subpanels focused on specific 
issues. Currently, these subcommittees include: Drinking Water 
Committee; Ecological Processes and Effects Committee; 
Environmental Economics Advisory Committee; Environmental 
Engineering Committee; Exposure and Human Health Committee; 
Radiation Advisory Committee; Chemical Assessment Advisory 
Committee; and the Agricultural Science Committee.\5\ Under the 
SAB's charter,\6\ these ``[c]ommittees, panels, and workgroups 
have no authority to make decisions on behalf of the SAB and 
may not report directly to the Agency.''
---------------------------------------------------------------------------
    \5\http://yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/
CommitteesandMembership?OpenDocument.
    \6\http://yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/
currentcharter?OpenDocument.
---------------------------------------------------------------------------
    EPA also receives advice from and manages 22 additional 
Federal Advisory Committees, including entities like the EPA 
Board of Scientific Counselors, the Federal Insecticide, 
Fungicide, and Rodenticide Act Scientific Advisory Panel, and 
the Clean Air Scientific Advisory Committee (CASAC).\7\ These 
bodies carry out a variety of advisory functions. For example, 
CASAC ``provides independent advice to the EPA Administrator on 
the technical bases for EPA's national ambient air quality 
standards'' and ``addresses research related to air quality, 
sources of air pollution, and the strategies to attain and 
maintain air quality standards and to prevent significant 
deterioration of air quality.'' The Chair of CASAC also sits on 
the chartered SAB.\8\
---------------------------------------------------------------------------
    \7\http://www.epa.gov/ocem/faca/facacomcontacts.htm.
    \8\http://yosemite.epa.gov/sab/sabpeople.nsf/WebCommittees/CASAC.
---------------------------------------------------------------------------
    EPA staff and the chartered SAB allow for some public 
involvement in advisory activities through the nomination of 
experts for committees and panels and involvement in advisory 
committee meetings and report developments. In response to 
numerous comments during an SAB Session on Public Involvement 
in June 2011, the SAB Staff Office announced additional steps 
to enhance public involvement in advisory activities beginning 
in FY2012.\9\
---------------------------------------------------------------------------
    \9\http://yosemite.epa.gov/sab/sabproduct.nsf/WebSABSO/
PublicInvolvement?OpenDocument.
---------------------------------------------------------------------------

                     LEGISLATIVE AND POLICY HISTORY

    In the 113th Congress, the Subcommittee on Environment held 
a hearing on March 20, 2013, to examine the Environmental 
Protection Agency's process for receiving independent 
scientific advice and to receive testimony on draft legislation 
to strengthen public participation; improve the process for 
selecting expert advisors; expand transparency requirements; 
and limit non-scientific policy advice among advisory bodies.
    The Subcommittee heard from 3 witnesses: Dr. Michael 
Honeycutt, Chief Toxicologist, Texas Commission on 
Environmental Quality; Dr. Roger McClellan, Advisor, Toxicology 
and Human Health Risk Analysis; and Dr. Francesca Grifo, Senior 
Scientist and Science Policy Fellow, Union of Concerned 
Scientists.
    In the 113th Congress, H.R. 1422 the Science Advisory Board 
Reform Act of 2013 was brought to the floor. It passed on 
November 18, 2014, by a vote of 229-191.

                            COMMITTEE VIEWS

    H.R. 1029 will restore balance and independence to the 
scientific advisory process at EPA. The bill seeks to codify 
existing practices and address concerns with the Science 
Advisory Board (SAB) by strengthening public participation, 
reinforcing the need for expertise, transparency, and balance 
in the SAB selection process, and establishing a clearer role 
for the SAB in providing scientific advice to the EPA and 
Congress.
    H.R. 1029 provides needed direction to SAB and helps to 
fulfill President Ronald Reagan's guidance that ``[t]he purpose 
of the Science Advisory Board is to apply the universally 
accepted principles of scientific peer review to the research 
conclusions that will form the bases for EPA regulations, a 
function that must remain above interest group politics.''
    In light of EPA's unique position as an agency that 
frequently provides the scientific justifications to support 
its regulatory decisions, it is vital that the scientific 
advisory and peer review process be independent and robust. 
This is especially true for the EPA Science Advisory Board 
because its members are selected by the EPA Administrator and 
frequently are asked to provide analysis on critical scientific 
matters and information from chemical assessments to EPA's 
research budget prioritization. If EPA science appears biased, 
pre-ordained toward a specific outcome, or even less than 
willing to consider every point of view, its credibility will 
suffer. The bill makes basic changes to the operations, scope, 
and selection process for the SAB, relying on non-controversial 
provisions of the Federal Advisory Committee Act, EPA's Peer 
Review Handbook, the National Academies' Policy on Committee 
Composition and Balance and Conflicts of Interest, and 
recommendations from Science Committee testimony.
    Despite requirements in the Federal Advisory Committee Act 
that SAB and related panels be ``fairly balanced in terms of 
point of view represented,'' the Science Committee determined 
that individuals with certain perspectives are overrepresented 
within the SAB and other viewpoints are frequently 
underrepresented or excluded from participation based on 
misinterpretation of ethics rules. Additionally, EPA often 
differs from the practice of other federal agencies and 
excludes state, local, tribal, and private sector scientists 
from serving as advisors. To rectify these issues, H.R. 1029 
requires that all SAB members be designated as ``special 
Government employees,'' prohibits the exclusion of individuals 
with substantial and relevant expertise, requires that at least 
ten percent of the Board be drawn from State, local, and tribal 
experts, and clarifies, in a manner consistent with existing 
ethics requirements, that in the case of a Board advisory 
activity on a particular matter involving a specific party, no 
Board member having an interest in the specific party shall 
participate in that activity. The bill also expands disclosure 
requirements for panelists and nominees, and requires that the 
EPA make reports and conflict of interest waivers available 
publicly.
    Testimony received by the Committee demonstrated that at 
times Board members had been involved directly or indirectly in 
reviewing their own work. To address this issue, H.R. 1029 
states that ``Board members may not participate in advisory 
activities that directly or indirectly involve review and 
evaluation of their own work''. This language was based on the 
EPA's Peer Review Handbook language that states that ``An 
independent peer reviewer is an expert who was not associated 
with the generation of the specific work product whether 
directly by substantial contribution to its development or 
indirectly by significant consultation during the development 
of the specific product.'' Additionally, the legislation 
requires public disclosure of Board member recusals.
    H.R. 1029 makes additional changes to facilitate 
participation in a manner that will improve scientific advice 
without unduly burdening the panel or the EPA. It encourages 
public comments and instructs the Board to not accept questions 
that narrow the scope of an advisory activity. Similarly, the 
bill provides additional detail to the operations of the Board, 
ensuring that their advice clearly distinguishes scientific and 
policy advice, communicates uncertainties, and offers 
opportunities for dissenting views to be made known to the 
public the Administrator, and Congress.

                           Section-by-Section

Section 1. Short title

    This section establishes the short title of the Act as the 
``EPA Science Advisory Board Reform Act of 2015.''

Section 2. Science Advisory Board

    This section amends the Environmental Research, 
Development, and Demonstration Authorization Act of 1978 
(ERDAA) to:
    a. Protect the independence of the Advisor Board.
    b. Provide membership requirements of the Advisor Board, 
including:
          (1) A minimum of nine members, with one designated as 
        Chairman, and that these members meet at a times and 
        places designated by the Chairman.
          (2) Requirements to ensure that each member of the 
        Board is qualified by education, training, and 
        experience to evaluate scientific and technical 
        information on matters referred to the Board. The 
        Administrator shall ensure:
                   Scientific and technical points of 
                view are fairly balanced among the Board 
                members;
                   At least ten percent of the Board 
                are from State, local, or tribal governments;
                   Persons with substantial and 
                relevant expertise are not unduly excluded, as 
                long as potential interests are fully 
                disclosed;
                   Board members with an interest in a 
                specific activity may not participate in that 
                activity;
                   Board members must disclose advisory 
                activities that involve review of their own 
                work;
                   Board members are designated as 
                special Government employees; and
                   No registered lobbyist may be 
                appointed to the Board.
          (3) A public nomination and selection process. The 
        Administrator shall:
                   Solicit nominations from the public 
                and relevant Federal Agencies;
                   Make the list of nominees public, 
                and solicit public comments;
                   Require nominees to publicly 
                disclose financial relationships and interests 
                relevant to the Board's advisory activities for 
                the three year period prior to nomination; and
                   Require nominees to publicly 
                disclose professional activities and public 
                statements relevant to the Board's advisory 
                activities for the five year period prior to 
                nomination.
          (4-6) Disclosure of activities, conflict of interest 
        waivers, and recusal agreements shall be publicly 
        available unless specifically prohibited by law.
          (7) The terms of the members of the Board shall be 
        three years and staggered to ensure that no more than 
        one-third of total membership shall expire within a 
        single year. Members are limited to two terms over a 
        ten-year period.
    c. Clarify that the Administrator shall make risk and 
hazard assessments available to the Board for review when 
provided to other agencies for review and comment. This 
subsection also provides that the Board's advice and comments, 
including dissenting views of Board members, and the response 
of the Administrator shall be public.
    d. Provide that the member committees and investigative 
panels:
           Must also follow the provisions of this Act;
           Do not have authority to make decisions on 
        behalf of the Board; and
           May not report directly to the EPA.
    e. Strengthen public participation. This subsection:
           Ensures all reports and relevant scientific 
        information public at the same time they are received 
        by the Board.
           Requires the Board to hold a public 
        information-gathering session to discuss the state of 
        the science relative to the advisory activity prior to 
        conducting major advisory activities.
           Allows public comment on questions asked of 
        the Board, prohibits questions that would unduly narrow 
        the scope of an advisory activity, and encourages 
        written responses to significant public comments.
           Provides the public with 15 calendar days 
        after Board meetings to provide additional comments for 
        consideration.
    f. Protect the integrity of scientific advice and process. 
The Board shall:
           Strive to avoid making policy determinations 
        or recommendations, and explicitly distinguish between 
        scientific determinations and policy advice.
           Clearly communicate uncertainties associated 
        with scientific advice.
           Ensure that advice and comments reflect the 
        views of the members and encourage dissenting members 
        to make their views known.
           Conduct periodic reviews to ensure its 
        advisory activities are addressing the most important 
        scientific issues facing the EPA.
           Provide advice in a timely manner.

Section 3. Relation to the Federal Advisory Committee Act

    This section clarifies that this Act does not supplants the 
requirements of the Federal Advisory Committee Act.

Section 4. Relation to the Ethics in Government Act of 1978

    This section clarifies that this Act does not supplant the 
Ethics in Government Act of 1978.

                       Explanation of Amendments

    An amendment offered by Rep. Grayson was adopted by the 
Committee. The amendment expanded the definition of registered 
lobbyist to include lobbyists other than federal lobbyists.

                        Committee Consideration

    On February 26, 2015, the Committee met in open session and 
ordered reported favorably the bill, H.R. 1029, as amended, by 
recorded vote, a quorum being present.

                            Roll Call Votes

Bill: H.R. 1029

                            AMENDMENT NO. 3

Roll Call No. 4
Amendment Sponsor: Ms. Bonamici--Defeated

----------------------------------------------------------------------------------------------------------------
                          Member                                 Aye           No         Present     Not Voting
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chair--TX......................................                          X
Mr. Lucas--OK**...........................................                          X
Mr. Sensenbrenner--WI.....................................
Mr. Rohrabacher--CA.......................................                          X
Mr. Neugebauer--TX........................................                          X
Mr. McCaul--TX............................................
Mr. Palazzo--MS...........................................                          X
Mr. Brooks--AL............................................                          X
Mr. Hultgren--IL..........................................                          X
Mr. Posey--FL.............................................                          X
Mr. Massie--KY............................................                          X
Mr. Bridenstine--OK.......................................
Mr. Weber--TX.............................................                          X
Mr. Johnson--OH...........................................                          X
Mr. Moolenaar--MI.........................................                          X
Mr. Knight--CA............................................                          X
Mr. Babin--TX.............................................                          X
Mr. Westerman--AR.........................................                          X
Mrs. Comstock--VA.........................................                          X
Mr. Newhouse--WA..........................................                          X
Mr. Palmer--AL............................................                          X
Mr. Loudermilk--GA........................................                          X
Ms. Johnson, Ranking--TX..................................            X
Ms. Lofgren--CA...........................................
Mr. Lipinski--IL..........................................            X
Ms. Edwards--MD...........................................
Ms. Bonamici--OR..........................................            X
Mr. Swalwell--CA..........................................            X
Mr. Grayson--FL...........................................            X
Mr. Bera--CA..............................................            X
Ms. Esty--CT..............................................            X
Mr. Veasey--TX............................................            X
Ms. Clark--MA.............................................
Mr. Beyer--VA.............................................            X
Mr. Perlmutter--CO........................................            X
Mr. Tonko--NY.............................................            X
Mr. Takano--CA ...........................................
Mr. Foster--IL............................................
Vacant....................................................
    Totals................................................           11            19
----------------------------------------------------------------------------------------------------------------

Bill: H.R. 1029

                            AMENDMENT NO. 4

Roll Call No. 3
Amendment Sponsor: Mr. Swalwell--Defeated

----------------------------------------------------------------------------------------------------------------
                          Member                                 Aye           No         Present     Not Voting
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chair--TX......................................                          X
Mr. Lucas--OK**...........................................                          X
Mr. Sensenbrenner--WI.....................................
Mr. Rohrabacher--CA.......................................                          X
Mr. Neugebauer--TX........................................                          X
Mr. McCaul--TX............................................
Mr. Palazzo--MS...........................................                          X
Mr. Brooks--AL............................................                          X
Mr. Hultgren--IL..........................................                          X
Mr. Posey--FL.............................................                          X
Mr. Massie--KY............................................                          X
Mr. Bridenstine--OK.......................................
Mr. Weber--TX.............................................                          X
Mr. Johnson--OH...........................................                          X
Mr. Moolenaar--MI.........................................                          X
Mr. Knight--CA............................................                          X
Mr. Babin--TX.............................................                          X
Mr. Westerman--AR.........................................                          X
Mrs. Comstock--VA.........................................                          X
Mr. Newhouse--WA..........................................                          X
Mr. Palmer--AL............................................                          X
Mr. Loudermilk--GA........................................                          X
Ms. Johnson, Ranking--TX..................................            X
Ms. Lofgren--CA...........................................
Mr. Lipinski--IL..........................................            X
Ms. Edwards--MD...........................................
Ms. Bonamici--OR..........................................            X
Mr. Swalwell--CA..........................................            X
Mr. Grayson--FL...........................................            X
Mr. Bera--CA..............................................            X
Ms. Esty--CT..............................................            X
Mr. Veasey--TX............................................            X
Ms. Clark--MA.............................................
Mr. Beyer--VA.............................................            X
Mr. Perlmutter--CO........................................            X
Mr. Tonko--NY.............................................            X
Mr. Takano--CA ...........................................
Mr. Foster--IL............................................
Vacant....................................................
    Totals................................................           11            19
----------------------------------------------------------------------------------------------------------------

Bill: H.R. 1029

                             FINAL PASSAGE

Roll Call No. 5
Passed

----------------------------------------------------------------------------------------------------------------
                          Member                                 Aye           No         Present     Not Voting
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chair--TX......................................            X
Mr. Lucas--OK**...........................................            X
Mr. Sensenbrenner--WI.....................................
Mr. Rohrabacher--CA.......................................            X
Mr. Neugebauer--TX........................................            X
Mr. McCaul--TX............................................
Mr. Palazzo--MS...........................................            X
Mr. Brooks--AL............................................            X
Mr. Hultgren--IL..........................................            X
Mr. Posey--FL.............................................            X
Mr. Massie--KY............................................            X
Mr. Bridenstine--OK.......................................
Mr. Weber--TX.............................................
Mr. Johnson--OH...........................................            X
Mr. Moolenaar--MI.........................................            X
Mr. Knight--CA............................................
Mr. Babin--TX.............................................            X
Mr. Westerman--AR.........................................            X
Mrs. Comstock--VA.........................................            X
Mr. Newhouse--WA..........................................            X
Mr. Palmer--AL............................................            X
Mr. Loudermilk--GA........................................            X
Ms. Johnson, Ranking--TX..................................                          X
Ms. Lofgren--CA...........................................
Mr. Lipinski--IL..........................................                          X
Ms. Edwards--MD...........................................
Ms. Bonamici--OR..........................................                          X
Mr. Swalwell--CA..........................................                          X
Mr. Grayson--FL...........................................                          X
Mr. Bera--CA..............................................                          X
Ms. Esty--CT..............................................                          X
Mr. Veasey--TX............................................                          X
Ms. Clark--MA.............................................                          X
Mr. Beyer--VA.............................................                          X
Mr. Perlmutter--CO........................................                          X
Mr. Tonko--NY.............................................                          X
Mr. Takano--CA ...........................................
Mr. Foster--IL............................................
Vacant....................................................
    Totals................................................           17            12
----------------------------------------------------------------------------------------------------------------

              Application of Law to the Legislative Branch

    Section 102(b)(3) of Public Law 104-1 requires a 
description of the application of this bill to the legislative 
branch where the bill relates to the terms and conditions of 
employment or access to public services and accommodations. 
This bill provides for Science Advisory Board independence, 
member qualifications and public participation. As such this 
bill does not relate to employment or access to public services 
and accommodations.

  Statement of Oversight Findings and Recommendations of the Committee

    In compliance with clause 3(c)(1) of rule XIII and clause 
(2)(b)(1) of rule X of the Rules of the House of 
Representatives, the Committee's oversight findings and 
recommendations are reflected in the descriptive portions of 
this report.

         Statement of General Performance Goals and Objectives

    In accordance with clause 3(c)(4) of rule XIII of the Rules 
of the House of Representatives, the Committee's performance 
goals and objectives are reflected in the descriptive portions 
of this report.

                    Duplication of Federal Programs

    No provision of H.R. 1029 establishes or reauthorizes a 
program of the Federal Government known to be duplicative of 
another Federal program, a program that was included in any 
report from the Government Accountability Office to Congress 
pursuant to section 21 of Public Law 111-139, or a program 
related to a program identified in the most recent Catalog of 
Federal Domestic Assistance.

                  Disclosure of Directed Rule Makings

    No provision of H.R. 1029 directs an agency (or other 
entity) to promulgate a rule or regulation.

                     Federal Advisory Committee Act

    The Committee finds that the legislation does not establish 
or authorize the establishment of an advisory committee within 
the definition of 5 U.S.C. App., Section 5(b).

                       Unfunded Mandate Statement

    Section 423 of the Congressional Budget and Impoundment 
Control Act (as amended by Section 101(a)(2) of the Unfunded 
Mandate Reform Act, P.L. 104-4) requires a statement as to 
whether the provisions of the reported include unfunded 
mandates. In compliance with this requirement the Committee has 
received a letter from the Congressional Budget Office included 
herein.

                         Earmark Identification

    H.R. 1029 does not include any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9 of Rule XXI.

                           Committee Estimate

    Clause 3(d)(2) of rule XIII of the Rules of the House of 
Representatives requires an estimate and a comparison by the 
Committee of the costs that would be incurred in carrying out 
H.R. 1029. However, clause 3(d)(3)(B) of that rule provides 
that this requirement does not apply when the Committee has 
included in its report a timely submitted cost estimate of the 
bill prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act.

     Budget Authority and Congressional Budget Office Cost Estimate

    With respect to the requirements of clause 3(c)(2) of Rule 
XIII of the rules of the House of Representatives and section 
308(a) of the Congressional Budget Act of 1974 and with respect 
to requirements of clause (3)(c)(3) of rule XIII of the Rules 
of the House of Representatives and section 402 of the 
Congressional Budget Act of 1974, the Committee has received 
the following cost estimate for H.R. 1029 from the Director of 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, March 2, 2015.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 1029, the EPA 
Science Advisory Board Reform Act of 2015.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Susanne S. 
Mehlman.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

H.R. 1029--EPA Science Advisory Board Reform Act of 2015

    H.R. 1029 would require the Environmental Protection Agency 
(EPA) to make various changes related to the qualifications of 
members serving on the Science Advisory Board (SAB) and to 
expand disclosure requirements for members of the board. The 
SAB was established in 1978 by the Congress with a broad 
mandate to advise EPA on technical matters related to science. 
Some of the bill's proposed changes include requiring EPA to 
solicit nominations from the public and from relevant federal 
agencies, such as the Departments of Agriculture, Defense, 
Energy, and Health and Human Services. Nominees also would be 
required to file a written report disclosing certain financial 
relationships and interests. Additionally, the bill would 
require EPA to make risk or hazard assessments available to the 
SAB and to publish the board's advice, comments, and views in 
the Federal Register.
    Based on information from EPA, CBO estimates that 
implementing the changes proposed by this legislation would 
cost less than $500,000 annually and about $2 million over the 
2015-2020 period, subject to the availability of appropriated 
funds. That funding would provide for additional personnel and 
related administrative expenses.
    Enacting H.R. 1029 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply.
    H.R. 1029 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would not affect the budgets of state, local, or tribal 
governments.
    The CBO staff contact for this estimate is Susanne S. 
Mehlman. The estimate was approved by Theresa Gullo, Deputy 
Assistant Director for Budget Analysis.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

 ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION AUTHORIZATION 
ACT OF 1978

           *       *       *       *       *       *       *

  Sec. 8. (a) The Administrator of the Environmental Protection 
Agency shall establish a Science Advisory Board which shall 
independently provide such scientific advice as may be 
requested by the Administrator, the Committee on Environment 
and Public Works of the United States Senate, or the Committee 
on Science, Space, and Technology, on Energy and Commerce, or 
on Public Works and Transportation of the House of 
Representatives.
  [(b) Such Board shall be composed of at least nine members, 
one of whom shall be designated Chairman, and shall meet at 
such times and places as may be designated by the Chairman of 
the Board in consultation with the Administrator. Each member 
of the Board shall be qualified by education, training, and 
experience to evaluate scientific and technical information on 
matters referred to the Board under this section.]
  (b)(1) The Board shall be composed of at least nine members, 
one of whom shall be designated Chairman, and shall meet at 
such times and places as may be designated by the Chairman.
  (2) Each member of the Board shall be qualified by education, 
training, and experience to evaluate scientific and technical 
information on matters referred to the Board under this 
section. The Administrator shall ensure that--
          (A) the scientific and technical points of view 
        represented on and the functions to be performed by the 
        Board are fairly balanced among the members of the 
        Board;
          (B) at least ten percent of the membership of the 
        Board are from State, local, or tribal governments;
          (C) persons with substantial and relevant expertise 
        are not excluded from the Board due to affiliation with 
        or representation of entities that may have a potential 
        interest in the Board's advisory activities, so long as 
        that interest is fully disclosed to the Administrator 
        and the public and appointment to the Board complies 
        with section 208 of title 18, United States Code;
          (D) in the case of a Board advisory activity on a 
        particular matter involving a specific party, no Board 
        member having an interest in the specific party shall 
        participate in that activity;
          (E) Board members may not participate in advisory 
        activities that directly or indirectly involve review 
        or evaluation of their own work, unless fully disclosed 
        to the public and the work has been externally peer-
        reviewed;
          (F) Board members shall be designated as special 
        Government employees; and
          (G) no registered lobbyist is appointed to the Board.
  (3) The Administrator shall--
          (A) solicit public nominations for the Board by 
        publishing a notification in the Federal Register;
          (B) solicit nominations from relevant Federal 
        agencies, including the Departments of Agriculture, 
        Defense, Energy, the Interior, and Health and Human 
        Services;
          (C) make public the list of nominees, including the 
        identity of the entities that nominated each, and shall 
        accept public comment on the nominees;
          (D) require that, upon their provisional nomination, 
        nominees shall file a written report disclosing 
        financial relationships and interests, including 
        Environmental Protection Agency grants, contracts, 
        cooperative agreements, or other financial assistance, 
        that are relevant to the Board's advisory activities 
        for the three-year period prior to the date of their 
        nomination, and relevant professional activities and 
        public statements for the five-year period prior to the 
        date of their nomination; and
          (E) make such reports public, with the exception of 
        specific dollar amounts, for each member of the Board 
        upon such member's selection.
  (4) Disclosure of relevant professional activities under 
paragraph (3)(D) shall include all representational work, 
expert testimony, and contract work as well as identifying the 
party for which the work was done.
  (5) Except when specifically prohibited by law, the Agency 
shall make all conflict of interest waivers granted to members 
of the Board, member committees, or investigative panels 
publicly available.
  (6) Any recusal agreement made by a member of the Board, a 
member committee, or an investigative panel, or any recusal 
known to the Agency that occurs during the course of a meeting 
or other work of the Board, member committee, or investigative 
panel shall promptly be made public by the Administrator.
  (7) The terms of the members of the Board shall be three 
years and shall be staggered so that the terms of no more than 
one-third of the total membership of the Board shall expire 
within a single fiscal year. No member shall serve more than 
two terms over a ten-year period.
  (c)(1) The Administrator, at the time any proposed or draft 
risk or hazard assessment, criteria document, standard, 
limitation, or regulation under the Clean Air Act, the Federal 
Water Pollution Control Act, the Resource, Conservation and 
Recovery Act of 1976, the Noise Control Act, the Toxic 
Substances Control Act, or the Safe Drinking Water Act, or 
under any other authority of the Administrator, is provided to 
any other Federal agency for [formal] review and comment, shall 
make available to the Board such proposed or draft risk or 
hazard assessment, criteria document, standard, limitation, or 
regulation, together with relevant scientific and technical 
information in the possession of the Environmental Protection 
Agency on which the proposed action is based.
  (2) The Board may make available to the Administrator, within 
the time specified by the Administrator, its advice and 
comments on the adequacy of the scientific and technical basis 
of the proposed or draft risk or hazard assessment, criteria 
document, standard, limitation, or regulation, together with 
any pertinent information in the Board's possession. The 
Board's advice and comments, including dissenting views of 
Board members, and the response of the Administrator shall be 
included in the record with respect to any proposed risk or 
hazard assessment, criteria document, standard, limitation, or 
regulation and published in the Federal Register.
  (d) In preparing such advice and comments, the Board shall 
avail itself of the technical and scientific capabilities of 
any Federal agency, including the Environmental Protection 
Agency and any national environmental laboratories.
  (e) Committees.--
          (1) Member committees.--
                  (A) In general.--The Board is authorized to 
                establish such member committees and 
                investigative panels as the Administrator and 
                the Board determine to be necessary to carry 
                out this section. These member committees and 
                investigative panels--
                          (i) shall be constituted and operate 
                        in accordance with the provisions set 
                        forth in paragraphs (2) and (3) of 
                        subsection (b), in subsection (h), and 
                        in subsection (i);
                          (ii) do not have authority to make 
                        decisions on behalf of the Board; and
                          (iii) may not report directly to the 
                        Environmental Protection Agency.
                  (B) Chairmanship.--Each member committee or 
                investigative panel established under this 
                subsection shall be chaired by a member of the 
                Board.
          (2) Agriculture-related committees.--
                  (A) In general.--The Administrator and the 
                Board--
                          (i) shall establish a standing 
                        agriculture-related committee; and
                          (ii) may establish such additional 
                        agriculture-related committees and 
                        investigative panels as the 
                        Administrator and the Board determines 
                        to be necessary to carry out the duties 
                        under subparagraph (C).
                  (B) Membership.--The standing committee and 
                each agriculture-related committee or 
                investigative panel established under 
                subparagraph (A) shall be--
                          (i) composed of--
                                  (I) such quantity of members 
                                as the Administrator and the 
                                Board determines to be 
                                necessary; and
                                  (II) individuals who are not 
                                members of the Board on the 
                                date of appointment to the 
                                committee or investigative 
                                panel; and
                          (ii) appointed by the Administrator 
                        and the Board, in consultation with the 
                        Secretary of Agriculture.
                  (C) Duties.--The agriculture-related standing 
                committee and each additional committee and 
                investigative panel established under 
                subparagraph (A) shall provide scientific and 
                technical advice to the Board relating to 
                matters referred to the Board that the 
                Administrator and the Board determines, in 
                consultation with the Secretary of Agriculture, 
                to have a significant direct impact on 
                enterprises that are engaged in the business of 
                the production of food and fiber, ranching and 
                raising livestock, aquaculture, and all other 
                farming- and agriculture-related industries.
  (f)(1) Upon the recommendation of the Board, the 
Administrator shall appoint a secretary, and such other 
employees as deemed necessary to exercise and fulfill the 
Board's powers and responsibilities. The compensation of all 
employees appointed under this paragraph shall be fixed in 
accordance with chapter 51 and subchapter III of chapter 53 of 
title 5 of the United States Code.
  (2) Members of the Board may be compensated at a rate to be 
fixed by the President but not in excess of the maximum rate of 
pay for grade GS-18, as provided in the General Schedule under 
section 5332 of title 5 of the United States Code.
  (g) In carrying out the functions assigned by this section, 
the Board shall consult and coordinate its activities with the 
Scientific Advisory Panel established by the Administrator 
pursuant to section 25(d) of the Federal Insecticide, 
Fungicide, and Rodenticide Act, as amended.
  [(h) Public Participation and Transparency.--The Board shall 
make every effort, consistent with applicable law, including 
section 552 of title 5, United States Code (commonly known as 
the ``Freedom of Information Act'') and section 552a of title 
5, United States Code (commonly known as the ``Privacy Act''), 
to maximize public participation and transparency, including 
making the scientific and technical advice of the Board and any 
committees or investigative panels of the Board publically 
available in electronic form on the website of the 
Environmental Protection Agency.
  [(i) Report to Congress.--The Administrator shall annually 
report to the Committees on Environment and Public Works and 
Agriculture of the Senate and the Committees on Transportation 
and Infrastructure, Energy and Commerce, and Agriculture of the 
House of Representatives regarding the membership and 
activities of the standing agriculture-related committee 
established pursuant to subsection (e)(2)(A)(i).]
  (h)(1) To facilitate public participation in the advisory 
activities of the Board, the Administrator and the Board shall 
make public all reports and relevant scientific information and 
shall provide materials to the public at the same time as 
received by members of the Board.
  (2) Prior to conducting major advisory activities, the Board 
shall hold a public information-gathering session to discuss 
the state of the science related to the advisory activity.
  (3) Prior to convening a member committee or investigative 
panel under subsection (e) or requesting scientific advice from 
the Board, the Administrator shall accept, consider, and 
address public comments on questions to be asked of the Board. 
The Board, member committees, and investigative panels shall 
accept, consider, and address public comments on such questions 
and shall not accept a question that unduly narrows the scope 
of an advisory activity.
  (4) The Administrator and the Board shall encourage public 
comments, including oral comments and discussion during the 
proceedings, that shall not be limited by an insufficient or 
arbitrary time restriction. Public comments shall be provided 
to the Board when received. The Board's reports shall include 
written responses to significant comments offered by members of 
the public to the Board.
  (5) Following Board meetings, the public shall be given 15 
calendar days to provide additional comments for consideration 
by the Board.
  (i)(1) In carrying out its advisory activities, the Board 
shall strive to avoid making policy determinations or 
recommendations, and, in the event the Board feels compelled to 
offer policy advice, shall explicitly distinguish between 
scientific determinations and policy advice.
  (2) The Board shall clearly communicate uncertainties 
associated with the scientific advice provided to the 
Administrator or Congress.
  (3) The Board shall ensure that advice and comments reflect 
the views of the members and shall encourage dissenting members 
to make their views known to the public, the Administrator, and 
Congress.
  (4) The Board shall conduct periodic reviews to ensure that 
its advisory activities are addressing the most important 
scientific issues affecting the Environmental Protection 
Agency.
  (5) The Board shall be fully and timely responsive to 
Congress.

           *       *       *       *       *       *       *

                             Minority Views

MINORITY VIEWS TO H.R. 1029, THE EPA SCIENCE ADVISOTY BOARD REFORM ACT 
                                OF 2015

    I strongly oppose H.R. 1029, the EPA Science Advisory Board 
Reform Act of 2015, because of the harm this bill would have on 
the health of Americans and the environment. Now, more than 
ever, the American people need a strong EPA to protect their 
right to clean air and water. This includes an effective 
Science Advisory Board whose role it is to provide the agency 
with independent scientific analysis and advice as the basis 
for the agency's regulations.
    Unfortunately, H.R. 1029 would weaken EPA's Science 
Advisory Board by packing it with industry representatives. 
Industry-affiliated ``experts'' are far more likely to find 
that the science they are asked to review will have a financial 
impact on their employer. Academic scientists do not have such 
financial conflicts of interest with the Board's advice or 
EPA's actions and that is why I find it troubling that H.R. 
1029 distorts the process for selecting members of the Science 
Advisory Board toward industry. The bill also favors industry 
by tying the Board up with procedural burdens so unlimited that 
it is unlikely any Science Advisory Board panel could ever 
render an opinion in a useful period of time. I assume that is 
the point of H.R. 1029. Endless delay means we never know what 
harm comes from any specific chemical or pollutant. And this 
manufactured doubt will lead to an endless delay in the 
formulation of public health regulations by EPA. Unfortunately, 
that also means that the health and safety of our families and 
friends will be needlessly put at risk.
    I would be remiss if I didn't note that the origination of 
quite a bit of the language in H.R.1029 seems to have come from 
proposals put forward by groups like the American Petroleum 
Institute and the American Chemical Council. These are, of 
course, groups that represent polluting industries that would 
benefit greatly from the manufactured doubt and delays this 
bill would create. Based on what has been happening in Congress 
over the past several years, I can't say it's terribly 
surprising that the Majority is doing the bidding of the 
polluting industries, although it is sad.
    There was a time, not too long ago, when the organizations 
upon whose recommendations the Committee based our legislation 
on were entities like the National Academies of Sciences or the 
American Association for the Advancement of Science. After all, 
this is the Science Committee. Unfortunately, over the past two 
years, this committee has turned a deaf ear to the scientific 
societies and associations. We've largely turned a deaf ear to 
the academic research community. And the Majority has certainly 
turned a deaf ear to the public interest community.
    Apparently, the only people we now consult on legislation 
relating to the scientific process are the polluting industries 
who are actively and openly trying to subvert science for their 
own financial gain. That is deeply disappointing. As this 
committee moves forward, I hope we will get back to listening 
to the scientists when we legislate about science.
    I have received letters from a number of groups who share 
my concerns over H.R. 1029, including: the Natural Resources 
Defense Council, the BlueGreen Alliance, Defenders of Wildlife, 
Earthjustice, the Environmental Defense Fund, Greenpeace, the 
League of Conservation Voters, the Union of Concerned 
Scientists, Jacobs Institute of Women's Health, the National 
Center for Health Research, the National Physicians Alliance, 
Public Citizen, and others.
    As a former nurse, I cannot support legislation that 
endangers public health by weakening and delaying the 
scientific review process. I strongly oppose this bill.

                                             Eddie Bernice Johnson.

                                  [all]
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