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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3111 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 3111

To require the Administrator of the Environmental Protection Agency to 
  seek advice concerning environmental risks, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 21, 1993

  Mr. Zimmer  (for himself and Mr. Slattery) introduced the following 
   bill; which was referred jointly to the Committees on Energy and 
Commerce, Agriculture, Merchant Marine and Fisheries, Public Works and 
           Transportation, and Science, Space, and Technology

_______________________________________________________________________

                                 A BILL

 
To require the Administrator of the Environmental Protection Agency to 
  seek advice concerning environmental risks, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Environmental Risk Reduction Act of 
1993''.

SEC. 2. FINDINGS AND POLICY.

    (a) Findings.--Congress finds that--
            (1) the cost of protecting the quality of the environment 
        currently exceeds $115,000,000,000 per year;
            (2) providing protection to a continually increasing 
        population from the potentially deleterious effects of newly 
        discovered environmental hazards may result in increases in the 
        cost referred to in paragraph (1);
            (3) although the cost referred to in paragraph (1) is not 
        necessarily excessive, the amount is too substantial for the 
        funds to be used ineffectively or inefficiently;
            (4) there is a need to coordinate the development and 
        implementation of environmental policies among policymakers of 
        the Federal Government and the governments of States and 
        political subdivisions of States;
            (5) a key role of the Federal Government in the development 
        of environmental policy is to support research to upgrade 
        environmental science and engineering;
            (6) ecological resources are extraordinarily valuable, and 
        risks to the resources either directly or indirectly degrade 
        human health and the economy;
            (7) the most effective use of the funds referred to in 
        paragraph (1) would--
                    (A) protect the greatest number of individuals from 
                the most harm; and
                    (B) be supported by a public perception that 
                subparagraph (A) is being carried out;
            (8) risk reduction is the preferred technique for improving 
        human health and the environment and pollution prevention 
        methods should be considered, if feasible, in decisions related 
        to reducing risk;
            (9) the ranking of relative risk is a critical tool for 
        determining which human health and environmental risks to 
        reduce;
            (10) the determination of safety is a social construct as 
        well as a scientific one, and is based both on the values of 
        individual control and social equity and on the knowledge of a 
        defined risk;
            (11) notwithstanding paragraph (10), scientific information 
        plays an essential role in supporting environmental decisions 
        by policymakers, as members of the general public use 
        scientific information to understand the likelihood, nature, 
        and magnitude of potential risks;
            (12) it is necessary to maintain a clear conceptual 
        distinction between the techniques of risk assessment and risk 
        management;
            (13) a risk assessment should--
                    (A) be the most accurate and informative 
                quantitative evaluation of risk that is practicable to 
                conduct; and
                    (B) include a statement of important identifiable 
                uncertainties;
            (14) risk management is a political process as well as a 
        technical one;
            (15) risk management integrates the findings of a risk 
        assessment with other considerations, such as economic 
        considerations, legislative mandates, and the level of public 
        concern;
            (16) good risk management requires a reliable and strictly 
        objective risk assessment;
            (17) the ranking of relative risks to human health, 
        welfare, and ecological resources is a complex task, and is 
        best performed by technical experts who do not have interests 
        that could bias objective judgment;
            (18) applying technology and resources to address the 
        highest ranked risks within the intent of existing 
        environmental laws and identifying highly ranked risks not 
        addressed by law can significantly reduce risks to human 
        health, welfare, and ecological resources;
            (19) some populations of special concern appear to have a 
        greater degree of sensitivity to certain specific environmental 
        hazards, including pregnant women and fetuses, children, the 
        elderly, chronically ill individuals, and individuals with 
        certain racial and genetic characteristics;
            (20) better risk assessment methodologies and a long-term 
        commitment to collecting monitoring data on the condition of 
        ecological resources and exposure of humans and ecosystems to 
        pollutants are necessary to ensure--
                    (A) the identification of the greatest risks to 
                human health and the environment;
                    (B) that environmental laws are applied in such 
                manner as to accomplish the intended results of the 
                laws; and
                    (C) that potential improvements to existing 
                environmental laws are identified;
            (21) ranking risks must be an ongoing process and must 
        reflect improvements in environmental data and scientific 
        understanding;
            (22) the Administrator needs a major national data base 
        concerning environmental hazards to aid in the adjustment of 
        priorities and programs to direct resources to ensure success 
        in efforts to address the hazards;
            (23) the environmental monitoring and assessment program 
        created under this Act provides the functional equivalent of an 
        environmental statistics program;
            (24) although the National Academy of Sciences has 
        documented flaws in the administration and management of the 
        environmental monitoring and assessment program of the Agency 
        in an interim report issued June 1992, the flaws can be 
        addressed through improvements in the program, and more time is 
        needed to address the flaws; and
            (25) effective and efficient strategies to reduce risks 
        must quantify significant costs and benefits to the greatest 
        extent possible.
    (b) Policy.--It is the policy of the United States that--
            (1) the environmental protection activities administered by 
        the Administrator shall attain the greatest risk reduction 
        possible with the resources available to the Administrator; and
            (2) the ability to reduce risks requires--
                    (A) accurate, quantitative estimates of the 
                exposure of humans and ecosystems to all important risk 
                factors;
                    (B) accurate techniques for predicting the effects 
                of the exposure referred to in subparagraph (A);
                    (C) an adequate understanding of technical, 
                economic, social, and legal alternatives to achieve a 
                reduction in exposure to risk factors; and
                    (D) accurate estimates of the costs and benefits of 
                alternatives for reducing risks.

SEC. 3. DEFINITIONS.

    As used in this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Agency.--The term ``Agency'' means the Environmental 
        Protection Agency.
            (3) Ecological resource.--The term ``ecological resource'' 
        means a nonhuman living thing or habitat (and the interaction 
        between a nonhuman living thing and habitat) including a lake, 
        stream, forest, wetland, desert, tundra, ocean, estuary, beach, 
        grassland, agricultural area, or a vegetated urban or suburban 
        area.
            (4) Effect.--The term ``effect'' means a deleterious change 
        in the condition--
                    (A) of a human or other living thing, (including 
                death, cancer or other chronic illness, decreased 
                reproductive capacity, or disfigurement or other 
                debilitating condition); or
                    (B) of an inanimate thing important to human 
                welfare (including destruction, degeneration, the loss 
                of intended function, and increased costs for 
                maintenance).
            (5) Environmental law.--The term ``environmental law'' 
        means any environmental law administered by the Administrator 
        that provides for the protection of the environment, including, 
        but not limited to--
                    (A) title XIV of the Public Health Service Act 
                (commonly known as the Safe Drinking Water Act, 42 
                U.S.C. 300f et seq.);
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (C) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (D) the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.);
                    (E) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.);
                    (F) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                    (G) the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 
                et seq.);
                    (H) the Superfund Amendments and Reauthorization 
                Act of 1986 (Public Law 99-499);
                    (I) the Marine Protection, Research, and 
                Sanctuaries Act of 1972 (16 U.S.C. 1431 et seq.); and
                    (J) any law administered by the Administrator 
                concerning protection from sources of radiation.
            (6) Exposure.--The term ``exposure'' means the 
        juxtaposition in time and space of a stressor with a human or 
        other living thing or an inanimate thing important to human 
        welfare, in such manner that an effect could result.
            (7) Irreversibility.--The term ``irrevers- ibility'' means 
        the extent to which a return to conditions prior to the 
        occurrence of an effect are either very slow or will never 
        occur (as determined by the Administrator).
            (8) Likelihood.--The term ``likelihood'' means the 
        estimated probability that an event will occur.
            (9) Magnitude.--The term ``magnitude'' means the number of 
        individuals or the quantity of ecological resources or other 
        resources that contribute to human welfare that are materially 
        affected by exposure to a stressor.
            (10) Response.--The term ``response'' has the same meaning 
        as the term ``effect'' under paragraph (4).
            (11) Risk.--The term ``risk'' means the probability of the 
        occurrence of an effect and includes the potential for 
        exposure.
            (12) Risk assessment.--The term ``risk assessment'' means a 
        process that uses a factual base to--
                    (A) identify, characterize, and to the extent 
                practicable quantify the potential adverse effects of 
                exposure of individuals, populations, habitats, 
                ecosystems, or materials to hazardous pollutants, or 
                other stressors; and
                    (B) to the extent practicable, identify and 
                characterize identifiable important uncertainties.
            (13) Risk management.--The term ``risk management'' means, 
        with respect to environmental decisionmaking, the process of 
        weighing policy alternatives and seeking the most appropriate 
        regulatory action that integrates the results of a risk 
        assessment with social, economic, political, and other 
        appropriate concerns to arrive at a decision.
            (14) Seriousness.--The term ``seriousness'' means the 
        intensity of effect, independent of the magnitude.
            (15) Stressor.--The term ``stressor'' means a physical, 
        chemical, or biological factor that is capable of causing an 
        effect on human health, welfare, or ecological resources.
            (16) Sustainability.--With respect to ecological resources, 
        the term ``sustainability'' means the ability to maintain 
        diverse, self-reproducing biological communities that are 
        capable of meeting the current needs of humans without 
        compromising the ability of future generations to meet their 
        needs, including--
                    (A) needs for natural resources such as food, 
                fiber, lumber, fish, and game;
                    (B) environmental services such as flood 
                mitigation, water storage, and the regulation of the 
                chemistry of the atmosphere, oceans, and inland waters;
                    (C) opportunities for recreation and scientific 
                study; and
                    (D) the need for appreciation of the beauty and 
                diversity of nature.
            (17) Uncertainty.--The term ``uncertainty'' means the 
        quantifiable and unquantifiable potential error in the 
        estimation of risk that is caused by the quality or absence of 
        data, or the assumptions used in risk estimation.

SEC. 4. REDUCTION OF RISK.

    (a) In General.--Through the careful assessment and ranking of 
relative risks and the options for the management of the risks, the 
Administrator shall use the resources available to the Administrator 
pursuant to environmental laws to reduce those risks to human health 
and welfare, and risks to ecological resources, that the Administrator 
determines to be the most likely, most serious, most irreversible, and 
of the greatest magnitude with the goal of achieving the greatest 
overall reduction in risk possible with the resources available.
    (b) Operation of Law.--In carrying out subsection (a) the 
Administrator shall--
            (1) act to reduce risk in a manner consistent with the 
        requirements of the environmental laws and any other law;
            (2) consider social, economic, and such other related 
        concerns as the Administrator determines to be appropriate;
            (3) base his determinations on the reports and findings of 
        the Committees created under section 5; and
            (4) utilize the risk assessment guidelines developed under 
        section 6 and the results of research conducted under section 
        7.

SEC. 5. ADVISORY COMMITTEES.

    (a) In order to ensure that the reduction of risks referred to in 
section 4(a) is based on the best available scientific understanding, 
the Administrator shall seek the advice of the expert advisory 
committees established under subsections (b), (c), and (d) and shall 
utilize the reports of these advisory committees required in those 
subsections.
    (b) Committee on Relative Risks.--
            (1) In general.--The Administrator shall establish a 
        Committee on Relative Risks (hereafter in this subsection 
        referred to as the ``Committee''). The Committee shall be 
        independent from the Science Advisory Board.
            (2) Purpose.--The Committee shall provide expert advice 
        concerning ranking the relative risks of stressors to human 
        health, welfare, and ecological resources.
            (3) Members.--
                    (A) In general.--The Administrator shall appoint 15 
                members to the Committee. In making appointments to the 
                Committee, the Administrator shall request nominations 
                from the heads of the National Academy of Sciences, the 
                National Academy of Engineering, the Assistant to the 
                President for Science and Technology, the Society for 
                Risk Analysis and such other individuals as the 
                Administrator determines to be appropriate.
                    (B) Representation.--The Administrator shall 
                appoint a representative group of individuals on the 
                basis of their recognized expertise and ability of the 
                individuals in the areas of human health effects 
                (including physicians and industrial hygienists), 
                ecological effects, welfare effects, law, engineering, 
                economics, risk communications, and such other 
                specialties related to risk management and risk 
                assessment as the Administrator considers appropriate.
                    (C) Considerations of the administrator.--In making 
                the appointments, the Administrator shall appoint 
                members so as to represent a balanced spectrum of 
                expertise and ability. The Administrator shall take 
                such action as is necessary to ensure that--
                            (i) the appointments are made only on the 
                        basis of the criteria referred to in the 
                        previous sentence, and not on other criteria, 
                        such as political affiliation; and
                            (ii) each member appointed to the Committee 
                        has no real or apparent conflict of interest 
                        with respect to serving on the Committee.
                    (D) List.--The Administrator shall publish a list 
                of the individuals who supply nominations pursuant to 
                this paragraph and their respective nominees.
            (4) Terms.--
                    (A) Initial terms.--Members initially appointed to 
                the Committee shall serve for the following terms:
                            (i) Five members shall serve for an initial 
                        term of 2 years.
                            (ii) Five members shall serve for an 
                        initial term of 4 years.
                            (iii) Five members shall serve for an 
                        initial term of 6 years.
                    (B) Subsequent terms.--Upon completion of a term 
                referred to under subparagraph (A), each member of the 
                Committee subsequently appointed or reappointed shall 
                serve for a term of 6 years. A vacancy on the Committee 
                shall be filled in the same manner as the appointment 
                was made.
            (5) Chairperson.--Members of the Committee shall elect a 
        Chairperson from among the members. The Chairperson shall serve 
        for a term of 2 years.
            (6) Criteria and guidelines.--The Committee shall establish 
        appropriate criteria and guidelines to carry out the duties of 
        the Committee under paragraph (7).
            (7) Duties.--The Committee shall--
                    (A) identify and rank the greatest risks to human 
                health, welfare, and ecological resources, taking into 
                account and incorporate the overall likelihood, 
                seriousness, magnitude, and irreversibility of each of 
                the risks;
                    (B) identify a common list of the greatest risks to 
                human health, welfare, and ecological resources; and
                    (C) assess the state of pertinent scientific 
                understanding and other factors contributing to 
                uncertainty in the ranking of relative risk.
            (8) Identification.--The Committee shall identify risks in 
        such manner as to also identify--
                    (A) the need for new laws or amendments to current 
                laws; and
                    (B) priorities under existing laws.
            (9) Public meetings.--The Committee shall hold open public 
        meetings to solicit input from the general public and such 
        other sources as the Committee determines to be appropriate.
            (10) Reports.--
                    (A) Reports to the administrator.--In accordance 
                with this subsection, the Chairperson of the Committee 
                shall report to the Administrator the findings of the 
                Committee based on the duties identified in paragraph 
                (7).
                    (B) Frequency of reports.--The Chairperson of the 
                Committee shall report the findings of the Committee to 
                the Administrator on or before August 1, 1995, and not 
                less frequently than every 2 years thereafter. Upon 
                receipt of the report, the Administrator shall publish 
                a report in the Federal Register for public notice and 
                comment and shall forward a copy of the report to the 
                Science Advisory Board.
                    (C) Review by the science advisory board.--The 
                Science Advisory Board shall review each report 
                submitted to the Administrator pursuant to subparagraph 
                (A) of this subsection by not later than 3 months after 
                the date of issuance of the report, and report the 
                findings of each Review to the Committee and to the 
                Administrator.
                    (D) Public review and comment.--The Administrator 
                shall allow at least 90 days for public comment on any 
                report and shall, within 3 months of the issuance of a 
                report, submit all comments received to the Committee.
                    (E) Review by committee.--The Committee shall 
                review the findings of the Science Advisory Board, and 
                the public comments and shall by not later than 3 
                months after the date of receipt of the findings and 
                comments, revise the content of the report to take into 
                consideration the findings of the Science Advisory 
                Board and the public comments, and submit the revised 
                report to the Administrator.
                    (F) Revised report.--The Administrator shall make 
                available copies of the revised report to the 
                individuals and entities referred to in subsection (e).
    (c) Committee on Environmental Benefits.--
            (1) In general.--The Administrator shall establish a 
        Committee on Environmental Benefits (hereafter in this 
        subsection referred to as the ``Committee'') to provide expert 
        advice on estimating quantitative benefits of reducing risks 
        and the quantitative costs of existing or proposed laws or 
        regulations. The Committee shall be independent from the 
        Science Advisory Board.
            (2) Members.--
                    (A) In general.--The Administrator shall appoint 15 
                members to the Committee. In making appointments to the 
                Committee, the Administrator shall request nominations 
                from the Association of Environmental and Resource 
                Economists and such other groups and individuals as the 
                Administrator determines to be appropriate.
                    (B) Representation.--The Administrator shall 
                appoint a representative group of individuals on the 
                basis of their recognized expertise and ability in 
                areas including economics, engineering, public 
                administration, health care, risk communication, and 
                such other specialties related to risk management and 
                risk assessment as the Administrator considers to be 
                appropriate.
                    (C) Considerations of the administrator.--In making 
                the appointments, the Administrator shall appoint 
                members in such fashion as to represent a balanced 
                spectrum of expertise and ability. The Administrator 
                shall take such action as is necessary to ensure that--
                            (i) the appointments are made only on the 
                        basis of the criteria referred to in the 
                        previous sentence, and not on other criteria, 
                        such as political affiliation; and
                            (ii) each member appointed to the Committee 
                        has no real or apparent conflict of interest 
                        with respect to serving on the Committee.
                    (D) List.--The Administrator shall publish a list 
                of the individuals who supply nominations pursuant to 
                this paragraph.
            (3) Terms.--
                    (A) Initial terms.--Members initially appointed to 
                the Committee shall serve for the following terms:
                            (i) Five members shall serve for an initial 
                        term of 2 years.
                            (ii) Five members shall serve for an 
                        initial term of 4 years.
                            (iii) Five members shall serve for an 
                        initial term of 6 years.
                    (B) Subsequent terms.--Upon completion of a term 
                referred to under subparagraph (A), each member of the 
                Committee subsequently appointed or reappointed shall 
                serve for a term of 6 years. A vacancy on the Committee 
                shall be filled in the same manner as the appointment 
                was made.
            (4) Chairperson.--Members of the Committee shall elect a 
        chairperson from among the members. The Chairperson shall serve 
        for a term of 2 years.
            (5) Criteria and guidelines.--The Committee shall establish 
        appropriate criteria and guidelines to carry out the duties of 
        the Committee under paragraph (6).
            (6) Duties of the committee.--The Committee shall estimate, 
        to the extent practicable, the monetary value, and such other 
        values as the Committee determines to be appropriate, of--
                    (A) avoiding premature mortality;
                    (B) avoiding cancer, other diseases, birth defects, 
                and other health effects that reduce the quality of 
                life;
                    (C) preserving biological diversity and the 
                sustainability of ecological resources;
                    (D) an aesthetic environment;
                    (E) services performed by ecosystems (such as flood 
                mitigation, provision of food or materials, or 
                regulating the chemistry of the air or water) that, if 
                lost or degraded, would have to be replaced by 
                technology; and
                    (F) avoiding other risks identified by the 
                Committee.
            (7) Public meetings.--The Committee shall hold open public 
        meetings to solicit input from the general public and such 
        other sources as the Committee determines to be appropriate.
            (8) Reports.--
                    (A) Reports to the administrator.--In accordance 
                with this subsection, the Chairperson of the Committee 
                shall report to the Administrator the findings of the 
                Committee based on the duties of the committee 
                identified in paragraph (6).
                    (B) Frequency of reports.--The Chairperson of the 
                Committee shall report the findings of the Committee to 
                the Administrator on or before August 1, 1995, and not 
                less frequently than every 2 years thereafter. Upon 
                receipt of the report, the Administrator shall publish 
                a report in the Federal Register for public notice and 
                comment and shall forward a copy of the report to the 
                Science Advisory Board.
                    (C) Review by science advisory board.--The Science 
                Advisory Board shall review each report submitted to 
                the Administrator and to Congress pursuant to paragraph 
                (8) by not later than 3 months after the date of 
                issuance of the report, and report the findings of each 
                review to the Committee and to the Administrator.
                    (D) Public review and comment.--The Administrator 
                shall allow at least 90 days for public comment on any 
                report and shall, within 3 months of the issuance of a 
                report, submit all comments received to the Committee.
                    (E) Review by committee.--The Committee shall 
                review the findings of the Science Advisory Board and 
                the public comments, and shall by not later than 3 
                months after the date of receipt of the findings and 
                comments, revise the content of the report to take into 
                consideration the findings of the Science Advisory 
                Board and public comments, and submit the revised 
                report to the Administrator.
                    (F) Revised report.--The Administrator shall make 
                available copies of the revised report to the 
                individuals and entities referred to in subsection (e).
    (d) Committee on Communicating Risk.--
            (1) In general.--The Administrator shall establish a 
        Committee on Communicating Risk (hereafter in this subsection 
        referred to as the ``Committee''). The Committee shall be 
        independent from the Science Advisory Board.
            (2) Purpose.--The Committee shall provide expert advice on 
        communicating to the public information on risks in a manner 
        that provides the public accurate and understandable 
        information about those risks.
            (3) Members.--
                    (A) In general.--The Administrator shall appoint 15 
                members to the Committee. In making appointments to the 
                Committee, the Administrator shall request nominations 
                from the heads of the National Academy of Sciences, the 
                National Academy of Engineering, the Assistant to the 
                President for Science and Technology, the Society for 
                Risk Analysis, and such other individuals as the 
                Administrator determines to be appropriate.
                    (B) Representation.--The Administrator shall 
                appoint a representative group of individuals on the 
                basis of their recognized expertise and ability in 
                communicating health and risk information to the 
                public, including educators, risk communications 
                experts, opinion research professionals, journalists, 
                psychologists, health educators and other specialists 
                the Administrator deems appropriate.
                    (C) Considerations of the administrator.--In making 
                the appointments, the Administrator shall appoint 
                members so as to represent a balanced spectrum of 
                expertise and ability. The Administrator shall take 
                such action as is necessary to ensure that the 
                appointments are made only on the basis of the criteria 
                referred to in the previous sentence, and not on other 
                criteria, such as political affiliation.
            (4) Terms.--
                    (A) Initial terms.--Members initially appointed to 
                the Committee shall serve for the following terms:
                            (i) Five members shall serve for an initial 
                        term of 2 years.
                            (ii) Five members shall serve for an 
                        initial term of 4 years.
                            (iii) Five members shall serve for an 
                        initial term of 6 years.
                    (B) Subsequent terms.--Upon completion of a term 
                referred to under subparagraph (A), each member of the 
                Committee subsequently appointed or reappointed shall 
                serve for a term of 6 years. A vacancy on the Committee 
                shall be filled in the same manner as the appointment 
                was made.
            (5) Chairperson.--Members of the Committee shall elect a 
        Chairperson from among the members. The Chairperson shall serve 
        for a term of 2 years.
            (6) Criteria and guidelines.--The Committee shall establish 
        appropriate criteria and guidelines to carry out the duties of 
        the Committee under paragraph (7).
            (7) Duties.--The Committee shall--
                    (A) review the current procedures and programs of 
                the Agency for providing information to the public 
                about public health and risks.
                    (B) Prepare guidelines for the Administrator on 
                communicating risks to the public and make 
                recommendations on improvements to specific Agency 
                programs reviewed under subparagraph (A) above.
                    (C) Through surveys or other methods identify--
                            (i) areas of public concern about public 
                        health and risk;
                            (ii) public misperceptions; and
                            (iii) generally what information the public 
                        needs to know and wants to know to make 
                        informed risk avoidance or other responsive 
                        decisions.
                    (D) Develop and implement strategies for 
                communicating to the public risk information that will 
                be developed by this Act, including but not limited 
                to--
                            (i) relative risk ranking information and 
                        the list of greatest risks identified under 
                        subsection (b)(7)(B);
                            (ii) the benefits valuation referred to in 
                        subsection (c)(6); and
                            (iii) environmental monitoring data.
            (8) Public meetings.--The Committee shall hold open public 
        meetings to solicit input from the general public and such 
        other sources as the Committee determines to be appropriate.
            (9) Reports.--
                    (A) Reports to the administrator.--In accordance 
                with this subsection, the Chairperson of the Committee 
                shall report to the Administrator the findings of the 
                Committee based on the duties of the Committee 
                identified in paragraph (7).
                    (B) Frequency of reports.--The Chairperson of the 
                Committee shall report the findings of the Committee 
                with respect to the duties identified in paragraphs 
                (7)(A), (B), and (C) of this subsection to the 
                Administration on or before August 1, 1995, and not 
                less frequently than every 2 years thereafter. Upon 
                receipt of the report, the Administrator shall forward 
                a copy of the report to the Science Advisory Board.
                    (C) Review by the science advisory board.--The 
                Science Advisory Board shall review each report 
                submitted to the Administrator pursuant to this 
                subsection by not later than 3 months after the date of 
                issuance of the report, and report the findings of each 
                review to the Committee and to the Administrator.
                    (D) Review by committee.--The Committee shall 
                review the findings of the Science Advisory Board and 
                shall, by not later than 3 months after the date of 
                receipt of the findings, revise the content of the 
                report to take into consideration the findings of the 
                Science Advisory Board and submit the revised report to 
                the Administrator.
                    (E) Revised report.--The Administrator shall make 
                available copies of the revised report to the 
                individuals and entities referred to in subsection (f).
            (10) Within 6 months after release of the final reports 
        prepared under subsections (b) and (c) of this section for 
        which the Committee is required to develop and implement 
        communication strategies, the Committee shall have developed 
        such strategies and begin implementation.
    (e) Compensation.--
            (1) In general.--Each member of a committee established 
        under this section who is not an officer or employee of the 
        Federal Government shall be compensated at a rate not to exceed 
        the daily equivalent of the annual rate of basic pay prescribed 
        for level IV of the Executive Schedule under section 5315 of 
        title 5, United States Code, for each day (including travel 
        time) during which the member is engaged in the performance of 
        the duties of the committee. Each member of a committee 
        established under this section who is an officer or employee of 
        the United States shall serve without compensation in addition 
        to that received for service as an officer or employee of the 
        United States.
            (2) Travel.--The members of the committees established 
        under this section shall be allowed travel expenses, including 
        per diem in lieu of subsistence, at rates authorized for 
        employees of agencies under subchapter I of chapter 57 of title 
        5, United States Code, while away from their homes or regular 
        places of business in the performance of services for the 
        Commission.
    (f) Findings.--To ensure extensive opportunities for public 
participation and access, the Administrator shall communicate the 
findings in the reports of the committees and the Science Advisory 
Board reviews submitted to the Administrator pursuant to this section 
to--
            (1) Congress;
            (2) such other Federal agencies as the Administrator 
        determines to be appropriate;
            (3) the governments of such States and political 
        subdivisions of States as the Administrator determines to be 
        appropriate; and
            (4) the general public.
    (g) Disclosure.--Each member of a committee established under this 
section shall, as a condition to serving on the committee, agree to 
fully disclose financial interests. The Administrator shall ensure that 
appropriate measures are carried out to avoid any conflict of interest 
with respect to a member.
    (h) Studies.--The Administrator may enter into a contract, execute 
an agreement, or issue a grant for carrying out studies to generate 
information to assist a committee established under this section in 
efforts to rank relative risks and estimate environmental benefits.
    (i) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated to the Agency such sums as may 
be necessary for each of fiscal years 1994 through 2000.

SEC. 6. RISK ASSESSMENT GUIDELINES.

    (a) In General.--
            (1) Risk assessments.--To the extent practicable, the 
        Administrator shall protect human health and the environment by 
        using careful risk assessments and the evaluation of options 
        for reducing risks.
            (2) Prohibition.--The Administrator may not interpret or 
        apply any provision of this Act in such manner as to delay a 
        pending regulatory decision based on the outcome of research or 
        analysis of the Administrator.
    (b) Risk Assessment Guidelines.--The Administrator shall develop, 
and revise as appropriate, guidelines to ensure consistency and 
technical quality in risk assessments by specifying such minimum 
standards for different risk assessment approaches, as are appropriate 
for the scale of the problem, the level of scientific understanding, 
and the available data.
    (c) Initial Guidelines.--The initial set of guidelines referred to 
in subsection (b) shall include risk assessments involving--
            (1) human mutagenicity;
            (2) human carcinogenicity;
            (3) human developmental toxicants;
            (4) human reproductive effects;
            (5) human systemic toxicants;
            (6) ecological effects of sources of pollutants from single 
        sites;
            (7) ecological effects of pollutants that originate from 
        many sites;
            (8) ecological effects from physical alteration of the 
        environment;
            (9) ecological effects of introducing nonnative or 
        genetically engineered organisms;
            (10) pollutants affecting manmade materials; and
            (11) pollutants affecting the productivity of soils.
    (d) Additional Guidelines.--The Administrator shall develop such 
additional risk assessment guidelines as the Administrator determines 
to be warranted--
            (1) by the state of pertinent scientific understanding; and
            (2) by the need for sound decisions to protect human 
        health, welfare, and the environment.
    (e) Minimum Requirements.--The risk assessment guidelines developed 
under this section shall include how to conduct the following:
            (1) A hazard identification that demonstrates whether 
        exposure to a stressor is causally linked to an effect.
            (2) An assessment that measures or estimates the exposure 
        of well-defined individuals, habitats, populations, ecosystems, 
        or materials to a stressor.
            (3) An assessment that determines or estimates the 
        magnitude of response of affected individuals, habitats, 
        populations, ecosystems, or materials associated with different 
        levels of exposure to a stressor under representative or 
        reasonably foreseeable environmental conditions.
            (4) A risk characterization that provides an overall 
        description of the nature and magnitude of probable effects 
        resulting from alternative risk management options (including 
        no action), together with a quantitative estimate of the 
        accompanying uncertainties.
    (f) Publication in the Federal Register and Reports to Congress.--
The Administrator shall--
            (1) publish all initial risk assessment guidelines referred 
        to in subsection (c) in the Federal Register not later than 5 
        years after the date of the enactment of this Act, and report 
        annually to Congress on progress toward this goal and 
        thereafter publish such additional guidelines as are required 
        under subsection (d) in the Federal Register as appropriate;
            (2) ensure that the guidelines are reviewed by the Science 
        Advisory Board; and
            (3) after taking into account the findings of the review of 
        the Science Advisory Board and public comments, modify the 
        guidelines and publish such revised guidelines in the Federal 
        Register as appropriate.

SEC. 7. RISK ASSESSMENT RESEARCH.

    (a) In General.--In order to provide the most cost-effective use of 
environmental resources and to ensure that the risk assessment process 
of the Agency is based on statistically sound and adequate 
environmental data and scientific understanding, the Administrator 
shall conduct a long-term core research program concerning 
environmental risk assessment research.
    (b) Environmental Monitoring and Assessment Program.--As part of 
the program referred to in subsection (a), the Administrator shall 
conduct a research program to--
            (1) design and evaluate methods and networks to collect 
        monitoring data on the current and changing condition of the 
        environment (including human health, ecological resources, 
        materials, and exposure to environmental stressors) that are 
        relevant to making decisions at the Federal level about 
        alternative risk assessment and risk reduction options;
            (2) in cooperation with the heads of other Federal agencies 
        with relevant programs, implement the monitoring programs 
        referred to in paragraph (1);
            (3) manage data from the monitoring programs in forms and 
        formats that are technically accurate, objective, and readily 
        accessible to the scientific community and the general public 
        (including providing attention to unavoidable uncertainties 
        with respect to the data and the interpretation of the data); 
        and
            (4) provide annual statistical reports and periodic 
        interpretive reports of the results of the monitoring programs 
        to Congress and the general public.
    (c) Environmental Risk Assessment Research Program.--As part of the 
program referred to in subsection (a), the Administrator shall conduct 
a long-term core program to establish a firm scientific basis for 
initial and subsequent risk assessment guidelines, including methods 
for--
            (1) assessing the exposure of humans, ecological resources, 
        and materials to stressors and combinations of stressors, 
        including methods for determining the relation between an 
        environmental exposure and the probability, scope, and 
        seriousness of the effect;
            (2) accurately predicting the effects of exposure to 
        stressors on human health, ecological resources, and materials;
            (3) quantifying statistical uncertainty in exposure and 
        stress-response estimates;
            (4) quantifying the social and economic values of effects 
        on human health, welfare, and ecological resources;
            (5) evaluating and developing measurements to aid in 
        understanding and defining public awareness of the likelihood, 
        seriousness, magnitude, and irreversibility of each risk 
        examined in a risk assessment; and
            (6) developing methods for the effective communication of 
        the degree of risk.
    (d) Long-Term Research Planning.--At least one-half of the research 
activities conducted under this Act shall be under contracts or 
assistance agreements with universities and other nonprofit or not-for-
profit organizations (as defined by the Administrator). The assistance 
and contracts shall be--
            (1) awarded under full and open competition; and
            (2) for a period of at least 3 years, under which full 
        funding shall be obligated at the beginning of the contract or 
        agreement.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Agency to carry out this section such sums as may 
be necessary for each of fiscal years 1994 through 2000.

SEC. 8. INVOLVEMENT OF THE SCIENTIFIC AND TECHNICAL COMMUNITY.

    (a) In General.--In developing the risk assessment guidelines under 
section 6 and in developing and implementing the core research program 
concerning environmental risk assessment research under section 7, the 
Administrator shall, to the maximum extent practicable, use the 
resources and personnel of the Agency.
    (b) Intent of Congress.--It is the intent of Congress that the 
Administrator, in addition to using the resources and personnel of the 
Agency pursuant to subsection (a), should aggressively solicit the 
advice of the Science Advisory Board and such other specialists in 
scientific fields as the Administrator determines to be appropriate to 
develop, evaluate, and interpret technical and scientific information.

SEC. 9. INTERAGENCY PANEL ON RISK ASSESSMENT AND REDUCTION.

    (a) Establishment.--There is established an Inter-agency Panel on 
Risk Assessment and Reduction (hereafter in this section referred to as 
the ``Interagency Panel'') for the purpose of coordinating Federal 
research, data gathering, and implementation of environmental risk 
assessment and risk reduction activities.
    (b) Membership.--The Interagency Panel shall consist of one 
representative from each of the following Federal agencies, nominated 
by the head of the agency (or with respect to an individual described 
in paragraph (9), nominated by the President Chairperson of the 
Committee, as appropriate) and appointed by the President:
            (1) The Environmental Protection Agency.
            (2) The Department of the Interior.
            (3) The Department of Health and Human Services.
            (4) The Department of Energy.
            (5) The Department of Commerce.
            (6) The Department of Agriculture.
            (7) The Department of Labor.
            (8) The Corps of Engineers.
            (9) The Public Health Service.
            (10) Any other Federal department or agency that the 
        President, or the Chairperson of the Interagency Panel, 
        considers appropriate.
    (c) Chairperson.--The member of the Interagency Panel representing 
the Environmental Protection Agency shall serve as the Chairperson of 
the Interagency Panel.
    (d) Coordination.--The Interagency Panel shall ensure that 
individual risk assessments and generic risk assessment practices 
carried out by agencies of the Federal Government are coordinated and 
made consistent to the greatest extent practicable.
    (e) Identification of Inconsistencies.--The Interagency Panel 
shall--
            (1) identify any inconsistencies between the risk 
        assessments and practices carried out by Federal agencies, and 
        document the reasons for the inconsistencies; and
            (2) make recommendations concerning whether changes should 
        be made in Federal laws or regulations or in the practices of 
        the Federal agencies to minimize the inconsistencies, or 
        whether the inconsistencies should be encouraged.
    (f) Reports.--Not later than August 31, 1996, and every 2 years 
thereafter, the Chairperson of the Interagency Panel shall submit a 
report to the appropriate committees of Congress that summarizes the 
findings and recommendations of the Interagency Panel under this 
section.

SEC. 10. REPORTS TO CONGRESS.

    (a) Assessment of Environmental Risk Reduction Options.--Not later 
than 12 months after the date of enactment of this Act, the 
Administrator shall prepare and submit a report to Congress that 
includes--
            (1) a prioritized list of the human health, welfare, and 
        ecological resource risks considered by the Committee on 
        Relative Risks established under section 5(b);
            (2) an identification of public awareness of the 
        likelihood, seriousness, magnitude, and irreversibility of each 
        risk referred to in paragraph (1);
            (3) alternative options for reducing the risks referred to 
        in paragraph (1) and corresponding estimated costs and benefits 
        to society, including costs to Federal agencies and the private 
        sector, and any adverse effects that cannot (as of the date of 
        the report) be quantified in monetary terms;
            (4) the period of time required for reducing the risks 
        through each option referred to in paragraph (3);
            (5) an evaluation of the uncertainty associated with 
        relevant aspects of the assessment process;
            (6) an identification of research or data collection that 
        would significantly reduce the uncertainty in any assessment in 
        the 2-year period following the date of submission of the 
        report to Congress; and
            (7) such other recommendations as the Administrator 
        determines to be appropriate.
    (b) Intent of Congress.--It is the intent of Congress that the 
information contained in the annual report under this section be used 
to assist in directing the activities of the Agency so as to result in 
reducing the most serious and probable risks to the greatest number of 
individuals and reducing the most serious and probable risks to the 
sustainability of ecological resources.
    (c) Duties of the Administrator.--The Administrator shall consider 
social and economic concerns and such other concerns as the 
Administrator considers to be appropriate to carry out this Act in a 
reasonable and prudent manner to ensure the protection of public health 
and the environment. In carrying out this Act, the Administrator shall 
comply with applicable legal requirements and ensure that the 
activities of the Administrator are open to public inspection. Nothing 
in this Act is intended to delay the activities of the Administrator in 
carrying out responsibilities under other environmental laws.
    (d) Ongoing Assessment.--The Administrator shall revise and update 
the report submitted under this section to reflect new data or 
scientific understanding not later than 2 years after submitting the 
initial report, and at least every 2 years thereafter.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    Except as provided in sections 5 and 7, nothing in this Act shall 
constitute a new authorization for the appropriation of funds.

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