I 
113TH CONGRESS 
1ST SESSION H. R. 1422 
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 
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 2013’’. 
SEC. 2. SCIENCE ADVISORY BOARD. 
(a) MEMBERSHIP.—Section 8(b) of the Environ-
mental Research, Development, and Demonstration Au-
VerDate Mar 15 2010 
22:22 Apr 11, 2013
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.IH
H1422
mstockstill on DSK4VPTVN1PROD with BILLS
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 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 
VerDate Mar 15 2010 
22:22 Apr 11, 2013
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.IH
H1422
mstockstill on DSK4VPTVN1PROD with BILLS
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; and 
‘‘(F) 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) 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, co-
operative agreements, or other financial assistance, 
VerDate Mar 15 2010 
22:22 Apr 11, 2013
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.IH
H1422
mstockstill on DSK4VPTVN1PROD with BILLS
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) 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 
VerDate Mar 15 2010 
22:22 Apr 11, 2013
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.IH
H1422
mstockstill on DSK4VPTVN1PROD with BILLS
(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 
VerDate Mar 15 2010 
22:22 Apr 11, 2013
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.IH
H1422
mstockstill on DSK4VPTVN1PROD with BILLS
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-
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. 
VerDate Mar 15 2010 
22:22 Apr 11, 2013
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1422.IH
H1422
mstockstill on DSK4VPTVN1PROD with BILLS