I 
112TH CONGRESS 
2D SESSION 
H. R. 6564 
To amend the Environmental Research, Development, and Demonstration 
Authorization Act of 1978 to provide for Scientific Advisory Board mem-
ber qualifications, public participation, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 28, 2012 
Mr. HALL (for himself, Mr. ROHRABACHER, Mr. HARRIS, and Mr. BENISHEK) 
introduced the following bill; which was referred to the Committee on 
Science, Space, and Technology 
A BILL 
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, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘EPA Science Advisory 
Board Reform Act of 2012’’. 
SEC. 2. SCIENCE ADVISORY BOARD. 
(a) MEMBERSHIP.—Section 8(b) of the Environ-
mental Research, Development, and Demonstration Au-
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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 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 select 
Board members from nominations received as described 
in paragraph (3) and 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 representatives of State, local, or trib-
al governments; 
‘‘(C) not more than ten percent of the member-
ship of the Board are current recipients of Environ-
mental Protection Agency grants, contracts, coopera-
tive agreements, or other financial assistance; 
‘‘(D) persons with substantial and relevant ex-
pertise are not excluded from the Board due to af-
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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; 
‘‘(E) in the case of a Board advisory activity 
that may affect a single entity, no Board member 
representing such entity shall participate in that ac-
tivity; and 
‘‘(F) Board members may not participate in ad-
visory activities that directly or indirectly involve re-
view and evaluation of their own work. 
‘‘(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, and Health and Human Services; 
‘‘(C) make public the list of nominees, including 
the identity of the entities that nominated them, and 
shall accept public comment on the nominees; 
‘‘(D) require that, upon nomination, nominees 
shall file a written report disclosing financial rela-
tionships and professional activities, including Envi-
ronmental Protection Agency grants, contracts, co-
operative agreements, or other financial assistance, 
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that are relevant to the Board’s advisory activities 
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) 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.’’. 
(b) RECORD.—Section 8(c) of such Act (42 U.S.C. 
4365(c)) is amended— 
(1) in paragraph (1), by inserting ‘‘risk or haz-
ard assessment,’’ after ‘‘at the time any proposed’’; 
and 
(2) in paragraph (2), by adding at the end the 
following: ‘‘The Board’s advice and comments, in-
cluding dissenting views of Board members, and the 
response of the Administrator shall be included in 
the record with respect to any proposed risk or haz-
ard assessment, criteria document, standard, limita-
tion, or regulation and published in the Federal Reg-
ister.’’. 
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(c) MEMBER COMMITTEES AND INVESTIGATIVE PAN-
ELS.—Section 8(e) of such Act (42 U.S.C. 4365(e)) is 
amended by adding at the end the following: 
‘‘These member committees and investigative panels— 
‘‘(1) shall be constituted and operate in accord-
ance with the provisions set forth in paragraphs (2) 
and (3) of subsection (b), in subsection (h), and in 
subsection (i); 
‘‘(2) do not have authority to make decisions on 
behalf of the Board; and 
‘‘(3) may not report directly to the Environ-
mental Protection Agency.’’. 
(d) PUBLIC PARTICIPATION.—Section 8 of such Act 
(42 U.S.C. 4365) is amended by adding after subsection 
(g) the following: 
‘‘(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. 
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‘‘(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-
ments shall be provided to the Board when received. The 
Board shall respond in writing to substantive comments 
offered by members of the public. 
‘‘(5) Following Board meetings, the public shall be 
given 15 calendar days to provide additional comments for 
consideration by the Board.’’. 
(e) OPERATIONS.—Section 8 of such Act (42 U.S.C. 
4365) is further amended by adding after subsection (h), 
as added by subsection (d) of this section, the following: 
‘‘(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 
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compelled to offer policy advice, shall explicitly distinguish 
between scientific advice and policy advice. 
‘‘(2) The Board shall clearly communicate uncertain-
ties associated with the scientific advice provided to the 
Administrator. 
‘‘(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 and the Administrator. 
‘‘(4) The Board shall conduct periodic reviews to en-
sure that its advisory activities are addressing the most 
important scientific issues affecting the Environmental 
Protection Agency.’’. 
Æ 
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