49–008 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 114–37 

PROVIDING FOR CONSIDERATION OF 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, AND PROVIDING FOR CONSIDERATION OF THE BILL 

(H.R. 1030) TO PROHIBIT THE ENVIRONMENTAL PROTECTION AGENCY 

FROM PROPOSING, FINALIZING, OR DISSEMINATING REGULATIONS OR 

ASSESSMENTS BASED UPON SCIENCE THAT IS NOT TRANSPARENT OR 

REPRODUCIBLE 

MARCH 3, 2015.—Referred to the House Calendar and ordered to be printed 

Mr. BURGESS, from the Committee on Rules, 

submitted the following 

R E P O R T 

[To accompany H. Res. 138] 

The Committee on Rules, having had under consideration House 

Resolution 138, by record vote of 7 to 4, report the same to the 

House with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1029, the EPA 

Science Advisory Board Reform Act of 2015, under a structured 

rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of 

the Committee on Science, Space, and Technology. The resolution 

waives all points of order against consideration of the bill. The resolution makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the 

text of Rules Committee Print 114–10 and provides that it shall be 

considered as read. The resolution waives all points of order 

against that amendment in the nature of a substitute. The resolution makes in order only those further amendments printed in part 

A of this report. Each such amendment may be offered only in the 

order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to 

amendment, and shall not be subject to a demand for division of 

the question in the House or in the Committee of the Whole. The 

resolution waives all points of order against the amendments printVerDate Sep 11 2014 04:20 Mar 04, 2015 Jkt 049008 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR037.XXX HR037

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ed in part A of this report. The rule provides one motion to recommit with or without instructions. 

Section 2 of the resolution provides for consideration of H.R. 

1030, the Secret Science Reform Act of 2015, under a structured 

rule. The resolution provides one hour of general debate equally divided and controlled by the chair and ranking minority member of 

the Committee on Science, Space, and Technology. The resolution 

waives all points of order against consideration of the bill. The resolution makes in order as original text for the purpose of amendment an amendment in the nature of a substitute consisting of the 

text of Rules Committee Print 114–11 and provides that it shall be 

considered as read. The resolution waives all points of order 

against that amendment in the nature of a substitute. The resolution makes in order only those further amendments printed in part 

B of this report. Each such amendment may be offered only in the 

order printed in this report, may be offered only by a Member designated in this report, shall be considered as read, shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not be subject to 

amendment, and shall not be subject to a demand for division of 

the question in the House or in the Committee of the Whole. The 

resolution waives all points of order against the amendments printed in part B of this report. The resolution provides one motion to 

recommit with or without instructions. 

EXPLANATION OF WAIVERS

The waiver of all points of order against consideration of H.R. 

1029 includes waivers of the following: 

—Clause 3(e)(1) of rule XIII (Ramseyer), requiring a committee 

report accompanying a bill amending or repealing statutes to show, 

by typographical device, parts of statute affected. 

—Clause 3(c)(4) of rule XIII, requiring the inclusion of general 

performance goals and objectives in the committee report. It is important to note that while the report to accompany H.R. 1029 did 

include a statement reflecting the performance goals, the statement 

was incomplete. 

Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 1029 made in 

order as original text, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against amendments printed in part A of this report, the Committee is not aware 

of any points of order. The waiver is prophylactic in nature. 

The waiver of all points of order against consideration of H.R. 

1030 includes waivers of the following: 

—Clause 3(e)(1) of rule XIII (Ramseyer), requiring a committee 

report accompanying a bill amending or repealing statutes to show, 

by typographical device, parts of statute affected. 

—Clause 3(c)(4) of rule XIII, requiring the inclusion of general 

performance goals and objectives in the committee report. It is important to note that while the report to accompany H.R. 1030 did 

include a statement reflecting the performance goals, the statement 

was incomplete. 

—Clause 3(d) of rule XIII, which requires the inclusion of a committee cost estimate. 


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Although the resolution waives all points of order against the 

amendment in the nature of a substitute to H.R. 1030 made in 

order as original text, the Committee is not aware of any points of 

order. The waiver is prophylactic in nature. 

Although the resolution waives all points of order against amendments printed in part B of this report, the Committee is not aware 

of any points of order. The waiver is prophylactic in nature. 

The waivers of clause 3(e)(1) of rule XIII (known as the 

‘‘Ramseyer’’ rule) are provided for both measures because the submissions provided by the committee were insufficient to meet the 

standards established by the rule in its current form. The Committee on Rules continues to work with the House Office of Legislative Counsel and committees to determine the steps necessary to 

comply with the updated rule. 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 31 

Motion by Mr. Cole to report the rule. Adopted: 7–4 

Majority Members Vote Minority Members Vote 

Ms. Foxx ............................................................ Yea Ms. Slaughter .................................................. Nay 

Mr. Cole ............................................................ Yea Mr. McGovern ................................................... Nay 

Mr. Woodall ...................................................... Yea Mr. Hastings of Florida ................................... Nay 

Mr. Burgess ...................................................... Yea Mr. Polis ........................................................... Nay 

Mr. Stivers ........................................................ Yea 

Mr. Collins ........................................................ Yea 

Mr. Sessions, Chairman ................................... Yea 

SUMMARY OF THE AMENDMENTS TO H.R. 1029 IN PART A MADE IN

ORDER

1. Grayson (FL): Prohibits an EPA Science Advisory Board member from participating in any advisory action for which there is evidence that the action may involve a specific party in which the 

member has an interest. (10 minutes) 

2. McKinley (WV): Prohibits an individual from sitting on the 

Board if they are currently receiving EPA contracts or grants; and 

then would prohibit them from being allowed to apply for, 3 years 

after serving as a Board member, for any EPA contracts or grants. 

(10 minutes) 

3. Polis (CO): Requires the Administrator of the Environmental 

Protection Agency to solicit nominations for Advisory Board membership from (1) Institutions of Higher Education and (2) research 

institutions based in work relevant to that of the Board. (10 minutes) 

4. Bonamici (OR): SUBSTITUTE Improves the selection of members for EPA’s Science Advisory Board by increasing transparency 

and ensuring balance among board participants; Promotes public 

participation in the Board’s review process. (20 minutes) 


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SUMMARY OF THE AMENDMENTS TO H.R. 1030 IN PART B MADE IN

ORDER

1. Edwards (MD): Authorizes $250 million for each of fiscal years 

2016 through 2019. (10 minutes) 

2. Kennedy (MA), McGovern (MA), Clark, Katherine (MA): Allows the EPA to use all peer-reviewed scientific publications. (10 

minutes) 

PART A—TEXT OF AMENDMENTS TO H.R. 1029 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE GRAYSON

OF FLORIDA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, line 22, insert ‘‘, or for which the Board has evidence that 

it may involve,’’ after ‘‘involving’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCKINLEY

OF WEST VIRGINIA OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 7, strike ‘‘and’’ at the end of subparagraph (F). 

Page 3, line 9, strike the period and insert ‘‘; and’’. 

Page 3, after line 9, insert the following new subparagraph: 

‘‘(H) a Board member shall have no current grants or 

contracts from the Environmental Protection Agency and 

shall not apply for a grant or contract for 3 years following 

the end of that member’s service on the Board.’’. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 3, line 17, through page 4, line 5, redesignate subparagraphs (C) through (E) as subparagraphs (D) through (F), respectively. 

Page 3, after line 16, insert the following new subparagraph: 

‘‘(C) solicit nominations from— 

‘‘(i) institutions of higher education (as defined in section 

101(a) of the Higher Education Act of 1965 (20 U.S.C. 

1001(a))); and 

‘‘(ii) scientific and research institutions based in work 

relevant to that of the Board; 

Page 4, line 9, strike ‘‘paragraph (3)(D)’’ and insert ‘‘paragraph 

(3)(E)’’. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BONAMICI

OF OREGON OR HER DESIGNEE, DEBATABLE FOR 20 MINUTES

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 Improvement Act of 2015’’. 

SEC. 2. SCIENCE ADVISORY BOARD. 

(a) 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: 


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‘‘(b)(1) The Board, as established in subsection (a), shall be composed of at least 9 members, 1 of whom shall be designated Chair, 

and shall meet at such times and places as may be designated by 

the Chair of the Board, in consultation with the Administrator. 

‘‘(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 Board is fairly balanced in its membership in terms 

of the points of view represented and the functions to be performed; 

‘‘(B) no Board member shall participate in an advisory activity of the Board involving a particular matter or specific party 

which the Board member has a direct or predictable financial 

interest; 

‘‘(C) no Board member is a registered lobbyist, or has served 

as a registered lobbyist within a 4-year period prior to nomination to the Board; and 

‘‘(D) Board members shall be designated as special Government employees. 

‘‘(3) The Administrator shall— 

‘‘(A) solicit public nominations for the Board by publishing a 

notification in the Federal Register; 

‘‘(B) make public the list of nominees, including— 

‘‘(i) the identity of the entities that nominated each 

nominee; and 

‘‘(ii) the professional credentials of each nominee, including relevant expertise and experience, as well as the 

sources of research funding and professional activities such 

as representational work, expert testimony, and contract 

work dating back 2 years; 

‘‘(C) solicit public comment on the nominees; 

‘‘(D) develop, and make publically available, a formal memorandum describing each advisory activity to be undertaken by 

the Board which shall include— 

‘‘(i) the charge to the Board, including an explanation of 

the scope of issues to be addressed by the Board and the 

formal statement of questions posed to the Board; 

‘‘(ii) the ethics rules, if applicable, that would apply to 

Board members; and 

‘‘(iii) other information relied on to support the selection 

of panel members; and 

‘‘(E) require that, upon their provisional nomination, nominees shall be required to complete a written form disclosing information related to financial relationships and interests that 

may, or could be predicted to, be relevant to the Board’s advisory activities, and relevant professional activities and public 

statements, for the 2-year period prior to the date of their nomination, in a manner sufficient for the Administrator to assess 

the independence and points of view of the candidates.’’. 

(b) PUBLIC PARTICIPATION AND TRANSPARENCY.—Section 8(h) of 

such Act (42 U.S.C. 4365(h)) is amended to read as follows: 

‘‘(h)(1) 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 


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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 publicly available 

in electronic form on the website of the Environmental Protection 

Agency. 

‘‘(2) The Administrator and the Board shall encourage and solicit 

public comments on the advisory activities of Board, including written and oral comments, especially comments that provide specific 

scientific or technical information or analysis for the Board to consider, or comments related to the clarity or accuracy of the recommendations being considered by the Board. 

‘‘(3) The Administrator shall specify the areas of expertise being 

sought and make every effort to solicit candidate recommendations 

from the public, and solicit public comments on candidates selected.’’. 

(c) OPERATIONS.—Section 8 of such Act (42 U.S.C. 4365) is further amended by adding at the end the following new subsection: 

‘‘(j)(1) In carrying out its advisory activities, the Board shall 

strive to avoid making policy determinations or recommendations, 

and, in the event the Board determines that it would be appropriate or useful to offer policy advice, shall explicitly distinguish 

between scientific determinations and policy advice. 

‘‘(2) While recognizing that consensus recommendations and conclusions are the most useful to the Administrator and Congress, 

the Board shall ensure the views of all Board members, including 

dissenting views, are adequately incorporated into reports and recommendations from the Board.’’. 

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.). 

PART B—TEXT OF AMENDMENTS TO H.R. 1030 MADE IN ORDER

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EDWARDS

OF MARYLAND OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 2, lines 21 through 24, amend paragraph (4) to read as follows: 

‘‘(4) There are authorized to be appropriated to the Administrator 

to carry out this subsection $250,000,000 for each of fiscal years 

2016 through 2019.’’. 

2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KENNEDY

OF MASSACHUSETTS OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of the bill, add the following: 


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SEC. 3. ENSURING THE USE OF THE BEST SCIENCE. 

Nothing in this Act shall prevent the Administrator of the Environmental Protection Agency from considering or relying upon any 

peer-reviewed scientific publication even if such publication is 

based on data that is prohibited from public disclosure. 

Æ 


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