IIB 
113TH CONGRESS 
2D SESSION 
H. R. 1422 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 19, 2014 
Received; read twice and referred to the Committee on Environment and 
Public Works 
AN ACT 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Sep 11 2014 
03:42 Nov 20, 2014
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.RFS
H1422
smartinez on DSK4TPTVN1PROD with BILLS
HR 1422 RFS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘EPA Science Advisory 
Board Reform Act of 2014’’. 
SEC. 2. SCIENCE ADVISORY BOARD. 
(a) INDEPENDENT ADVICE.—Section 8(a) of the En-
vironmental Research, Development, and Demonstration 
Authorization Act of 1978 (42 U.S.C. 4365(a)) is amend-
ed by inserting ‘‘independently’’ after ‘‘Advisory Board 
which shall’’. 
(b) MEMBERSHIP.—Section 8(b) of the Environ-
mental Research, Development, and Demonstration Au-
thorization 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; 
VerDate Sep 11 2014 
03:42 Nov 20, 2014
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.RFS
H1422
smartinez on DSK4TPTVN1PROD with BILLS
HR 1422 RFS
‘‘(B) at least ten percent of the membership of 
the Board are from State, local, or tribal govern-
ments; 
‘‘(C) persons with substantial and relevant ex-
pertise are not excluded from the Board due to af-
filiation with or representation of entities that may 
have a potential interest in the Board’s advisory ac-
tivities, 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 ad-
visory activities that directly or indirectly involve re-
view or evaluation of their own work; 
‘‘(F) Board members shall be designated as 
special Government employees; and 
‘‘(G) no federally registered lobbyist is ap-
pointed to the Board. 
‘‘(3) The Administrator shall— 
‘‘(A) solicit public nominations for the Board by 
publishing a notification in the Federal Register; 
VerDate Sep 11 2014 
03:42 Nov 20, 2014
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.RFS
H1422
smartinez on DSK4TPTVN1PROD with BILLS
HR 1422 RFS
‘‘(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 nomi-
nation, nominees shall file a written report disclosing 
financial relationships and interests, including Envi-
ronmental Protection Agency grants, contracts, co-
operative 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 excep-
tion 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 iden-
tifying the party for which the work was done. 
VerDate Sep 11 2014 
03:42 Nov 20, 2014
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.RFS
H1422
smartinez on DSK4TPTVN1PROD with BILLS
HR 1422 RFS
(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 re-
sponse 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 PAN-
ELS.—Section 8(e)(1)(A) of such Act (42 U.S.C. 
4365(e)(1)(A)) is amended by adding at the end the fol-
lowing: ‘‘These member committees and investigative pan-
els— 
‘‘(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.’’. 
VerDate Sep 11 2014 
03:42 Nov 20, 2014
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.RFS
H1422
smartinez on DSK4TPTVN1PROD with BILLS
HR 1422 RFS
(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 advi-
sory 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 ac-
tivity. 
‘‘(3) Prior to convening a member committee or in-
vestigative panel under subsection (e) or requesting sci-
entific advice from the Board, the Administrator shall ac-
cept, consider, and address public comments on questions 
to be asked of the Board. The Board, member committees, 
and investigative panels shall accept, consider, and ad-
dress public comments on such questions and shall not ac-
cept a question that unduly narrows the scope of an advi-
sory activity. 
‘‘(4) The Administrator and the Board shall encour-
age public comments, including oral comments and discus-
sion during the proceedings, that shall not be limited by 
an insufficient or arbitrary time restriction. Public com-
VerDate Sep 11 2014 
03:42 Nov 20, 2014
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.RFS
H1422
smartinez on DSK4TPTVN1PROD with BILLS
HR 1422 RFS
ments shall be provided to the Board when received. The 
Board’s reports shall include written responses to signifi-
cant 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 uncertain-
ties associated with the scientific advice provided to the 
Administrator or Congress. 
‘‘(3) The Board shall ensure that advice and com-
ments reflect the views of the members and shall encour-
age dissenting members to make their views known to the 
public, the Administrator, and Congress. 
‘‘(4) The Board shall conduct periodic reviews to en-
sure that its advisory activities are addressing the most 
VerDate Sep 11 2014 
03:42 Nov 20, 2014
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.RFS
H1422
smartinez on DSK4TPTVN1PROD with BILLS
HR 1422 RFS
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 COM-
MITTEE 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.). 
Passed the House of Representatives November 18, 
2014. 
Attest: 
KAREN L. HAAS, 
Clerk. 
VerDate Sep 11 2014 
03:42 Nov 20, 2014
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.RFS
H1422
smartinez on DSK4TPTVN1PROD with BILLS