IB 
Union Calendar No. 119 
113TH CONGRESS 
1ST SESSION H. R. 1422 
[Report No. 113–165] 
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 
APRIL 9, 2013 
Mr. STEWART (for himself, Mr. SMITH of Texas, Mr. HALL, Mr. ROHR-
ABACHER, Mr. HARRIS, and Mr. BENISHEK) introduced the following bill; 
which was referred to the Committee on Science, Space, and Technology 
JULY 22, 2013 
Additional sponsors: Mr. DAINES, Mr. BISHOP of Utah, Mr. GOHMERT, Mr. 
BARTON, Mr. PRICE of Georgia, Mr. STOCKMAN, Mr. WESTMORELAND, 
Mrs. BACHMANN, Mr. KLINE, Mrs. LUMMIS, Mr. FRANKS of Arizona, Mr. 
CRAMER, Mr. SCHWEIKERT, Mr. BROUN of Georgia, Mr. YOUNG of Alas-
ka, and Mrs. HARTZLER 
JULY 22, 2013 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on April 9, 2013] 
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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. 
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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 2013’’. 
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 fol-
lows: 
‘‘(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 para-
graph (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; 
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‘‘(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 affili-
ation 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 Ad-
ministrator 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 and evaluation of their own work; 
‘‘(F) Board members shall be designated as spe-
cial Government employees; and 
‘‘(G) no federally 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; 
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‘‘(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 their provisional nomi-
nation, nominees shall file a written report disclosing 
financial relationships and interests, including Envi-
ronmental Protection Agency grants, contracts, coop-
erative 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 nomina-
tion, 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 identi-
fying 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 
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to members of the Board, member committees, or investiga-
tive 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.’’. 
(b) RECORD.—Section 8(c) of such Act (42 U.S.C. 
4365(c)) is amended— 
(1) in paragraph (1)— 
(A) by inserting ‘‘risk or hazard assess-
ment,’’ after ‘‘at the time any proposed’’; and 
(B) by inserting ‘‘risk or hazard assess-
ment,’’ after ‘‘to the Board such proposed’’; and 
(2) in paragraph (2)— 
(A) by inserting ‘‘risk or hazard assess-
ment,’’ after ‘‘the scientific and technical basis of 
the proposed’’; and 
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(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.’’. 
(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 
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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 activ-
ity. 
‘‘(3) Prior to convening a member committee or inves-
tigative panel under subsection (e) or requesting scientific 
advice from the Board, the Administrator shall accept, con-
sider, and address public comments on questions to be asked 
of the Board. The Board, member committees, and inves-
tigative 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 in-
sufficient or arbitrary time restriction. Public comments 
shall be provided to the Board when received. The Board’s 
reports shall include written responses to significant com-
ments 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.’’. 
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(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 com-
pelled to offer policy advice, shall explicitly distinguish be-
tween scientific determinations and policy advice. 
‘‘(2) The Board shall clearly communicate uncertain-
ties associated with the scientific advice provided to the Ad-
ministrator. 
‘‘(3) The Board shall ensure that advice and comments 
reflect the views of the members and shall encourage dis-
senting 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 im-
portant scientific issues affecting the Environmental Pro-
tection Agency.’’. 
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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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.). 
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Union Calendar No. 119 
113TH CONGRESS 
1ST SESSION 
H. R. 1422 
[Report No. 113–165] 
A BILL 
To amend the Environmental Research, Develop-
ment, and Demonstration Authorization Act of 
1978 to provide for Scientific Advisory Board 
member qualifications, public participation, and 
for other purposes. 
JULY 22, 2013 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
VerDate Mar 15 2010 
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