49–006 

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 


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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.’’. 


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(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.). 


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1Public Law 95–155. 

2http://yosemite.epa.gov/sab/sabproduct.nsf/WebProjectsbyTopicBOARD!OpenView. 

3Dave Reynolds, ‘‘Advisors Narrow List Of Pending EPA Rules For Novel Scientific Scrutiny,’’ 

Inside EPA, March 11, 2013, http://insideepa.com/201303112427282/EPA-Daily-News/DailyNews/advisors-narrow-list-of-pending-epa-rules-for-novel-scientific-scrutiny/menu-id-95.html. 

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. 

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

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 


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4http://yosemite.epa.gov/sab/sabpeople.nsf/Webcommittees/BOARD. 

5http://yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/ 

CommitteesandMembership?OpenDocument. 6http://yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/currentcharter?OpenDocument. 

7http://www.epa.gov/ocem/faca/facacomcontacts.htm. 

8http://yosemite.epa.gov/sab/sabpeople.nsf/WebCommittees/CASAC. 

9http://yosemite.epa.gov/sab/sabproduct.nsf/WebSABSO/PublicInvolvement?OpenDocument. 

• Advising the Agency on emergency and other short-notice 

programs.4

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.’’ 

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

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

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. 


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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 


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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; 


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• 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. 


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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 


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Member Aye No Present Not Voting 

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 


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Member Aye No Present Not Voting 

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. 


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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: 


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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): 


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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. 

ø(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; 


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(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 threeyear 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 tenyear 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 øformal¿ 

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. 


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(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. 


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(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. 

ø(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. 

ø(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. 


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(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. 

* * * * * * * 


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(19) 

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. 


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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. 

Æ 


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