EPA Science Advisory Board Reform Act of 2015

Bill: 114-hr-1029
Sponsor: Rep. Lucas, Frank D. [R-OK-3]
Introduced: 2015-02-24 in the House
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures
Advisory bodies
Congressional oversight
Environmental Protection Agency (EPA)
Environmental assessment, monitoring, research
Environmental regulatory procedures
Federal-Indian relations
Government ethics and transparency, public corruption
Government information and archives
Intergovernmental relations
Public participation and lobbying
Research administration and funding
State and local government operations

Summary:
action_date: 2015-02-24
text: 

EPA Science Advisory Board Reform Act of 2015

 
 This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. The Board provides scientific advice to the Environmental Protection Agency (EPA). This bill requires the Board to independently provide that advice. Federally registered lobbyists may not be appointed to the Board.
 
The EPA must provide draft risk or hazard assessments in its regulatory proposals and documents to the Board. The Board's advice and comments must be included in the record regarding any such proposal and published in the Federal Register.
 
The Board's member committees and investigative panels must operate in accordance with the membership, participation, and policy requirements contained in this Act, including new requirements for public participation in advisory activities of the Board. The member committees and investigative panels do not have the authority to make decisions on behalf of the Board and may not report directly to the EPA. 
The Board must: (1) strive to avoid making policy determinations or recommendations, (2) communicate uncertainties, (3) encourage dissenting members to make their views known, (4) conduct periodic reviews to ensure that its activities address the most important scientific issues affecting the EPA, and (5) respond to Congress fully and in a timely manner. 
 This Act may not be construed as supplanting the requirements of the Federal Advisory Committee Act or the Ethics in Government Act of 1978.
action_date: 2015-03-02
text: 

EPA Science Advisory Board Reform Act of 2015

 
 (Sec. 2) This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. The Board provides scientific advice to the Environmental Protection Agency (EPA). This bill requires the Board to independently provide that advice.
 
Among the revisions to requirements concerning the Board's membership are the following:
 
 
a requirement to balance scientific and technical points of view;
 
a set minimum level of representation from state, local, or tribal governments;
 
allowance of affiliation with or representation of entities that may have a potential interest in the Board's advisory activities;
 
conflict of interest restrictions;
 
restrictions on participation in advisory activities involving review of a member's work; and
 
restrictions on appointment of registered lobbyists.
 
 
The EPA must make public a list of nominees to the Board and accept public comments on the nominees. Reports filed upon the provisional nomination of a member disclosing financial relationships and interests must also be made public.
 
The EPA must provide draft risk or hazard assessments in its regulatory proposals and documents to the Board. The Board's advice and comments must be included in the record regarding any such proposal and published in the Federal Register.
 
The Board's member committees and investigative panels must operate in accordance with the membership, participation, and policy requirements contained in this Act, including new requirements for public participation in advisory activities of the Board. The member committees and investigative panels do not have the authority to make decisions on behalf of the Board and may not report directly to the EPA. 
The bill imposes additional public participation requirements: 
 
The EPA and the Board must make public all reports and relevant scientific information at the same time they are received by the Board. 
 
The Board must hold public information-gathering sessions to discuss the state of the science related to a major advisory activity. 
 
Prior to convening a member committee or investigative panel, the EPA must accept and address public comments on questions asked of the Board. 
 
The Board, member committees, and investigative panels may not accept a question that unduly narrows the scope of an advisory activity. 
 
 
 
The Board must strive to avoid making policy determinations or recommendations, communicate uncertainties, encourage dissenting members to make their views known, conduct periodic reviews to ensure that its activities address the most important scientific issues affecting the EPA, and respond to Congress fully and in a timely manner. 

action_date: 2015-03-17
text: 

EPA Science Advisory Board Reform Act of 2015

 
 (Sec. 2) This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise the process of selecting members of the Science Advisory Board, guidelines for participation in Board advisory activities, and terms of office. The Board provides scientific advice to the Environmental Protection Agency (EPA). This bill requires the Board to independently provide that advice.
 
Among the revisions to requirements concerning the Board's membership are the following:
 
 
a requirement to balance scientific and technical points of view;
 
a set minimum level of representation from state, local, or tribal governments;
 
allowance of affiliation with or representation of entities that may have a potential interest in the Board's advisory activities;
 
conflict of interest restrictions;
 
restrictions on participation in advisory activities involving review of a member's work; 
 
restrictions on appointment of registered lobbyists; and
 
prohibitions on member receipt of current EPA grants or contracts. 
 
The EPA must make public a list of nominees to the Board and accept public comments on the nominees. Reports filed upon the provisional nomination of a member disclosing financial relationships and interests must also be made public.
 
The EPA must provide draft risk or hazard assessments in its regulatory proposals and documents to the Board. The Board's advice and comments must be included in the record regarding any such proposal and published in the Federal Register.
 
The Board's member committees and investigative panels must operate in accordance with the membership, participation, and policy requirements contained in this Act, including new requirements for public participation in advisory activities of the Board. The member committees and investigative panels do not have the authority to make decisions on behalf of the Board and may not report directly to the EPA. 
The bill imposes additional public participation requirements: 
 
The EPA and the Board must make public all reports and relevant scientific information at the same time they are received by the Board. 
 
The Board must hold public information-gathering sessions to discuss the state of the science related to a major advisory activity. 
 
Prior to convening a member committee or investigative panel, the EPA must accept and address public comments on questions asked of the Board. 
 
The Board, member committees, and investigative panels may not accept a question that unduly narrows the scope of an advisory activity. 
 
 
 
The Board must strive to avoid making policy determinations or recommendations, communicate uncertainties, encourage dissenting members to make their views known, conduct periodic reviews to ensure that its activities address the most important scientific issues affecting the EPA, and respond to Congress fully and in a timely manner. 


Legislative actions:
action_date: 2015-03-18
text: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
action_date: 2015-03-17
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2015-03-17
text: On passage Passed by recorded vote: 236 - 181 (Roll no. 121).
action_date: 2015-03-17
text: Passed/agreed to in House: On passage Passed by recorded vote: 236 - 181 (Roll no. 121).
action_date: 2015-03-17
text: On motion to recommit with instructions Failed by recorded vote: 179 - 237 (Roll no. 120).
action_date: 2015-03-17
text: The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H1692)
action_date: 2015-03-17
text: DEBATE - The House proceeded with 10 minutes of debate on the Peters motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to add a new section at the end of the bill pertaining to Protecting Taxpayers from Science Promoted by Polluting Companies. Pending a reservation of a point of order. Subsequently, the reservation was removed.
action_date: 2015-03-17
text: Mr. Peters moved to recommit with instructions to the Committee on Science, Space, and Technology. (consideration: CR H1691-1693; text: CR H1691)
action_date: 2015-03-17
text: The previous question was ordered pursuant to the rule. (consideration: CR H1691)
action_date: 2015-03-17
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 1029.
action_date: 2015-03-17
text: DEBATE - Pursuant to the provisions of H. Res. 138, the Committee of the Whole proceeded with 20 minutes of debate on the Bonamici Part A amendment No. 4.
action_date: 2015-03-17
text: DEBATE - Pursuant to the provisions of H. Res. 138, the Committee of the Whole proceeded with 10 minutes of debate on the Polis (CO) Part A amendment No. 3.
action_date: 2015-03-17
text: POSTPONED PROCEEDINGS - At the conclusion of debate on the McKinley (WV) Part A amendment No. 2, the Chair put the question on adoption of the amendment and by voice vote, announced that the ayes had prevailed. Ms. Bonamici demanded a recorded vote and the Chair postponed further proceedings on the question of adoption ofthe amendment until a time to be announced.
action_date: 2015-03-17
text: DEBATE - Pursuant to the provisions of H.Res. 138, the Committee of the Whole proceeded with 10 minutes of debate on the McKinley (WV) Part A amendment No. 2.
action_date: 2015-03-17
text: DEBATE - Pursuant to the provisions of H. Res. 138, the Committee of the Whole proceeded with 10 minutes of debate on the Grayson (FL) Part A amendment No. 1.
action_date: 2015-03-17
text: GENERAL DEBATE - The Committee of the Whole proceeded with one hour of general debate on H.R. 1029.
action_date: 2015-03-17
text: The Speaker designated the Honorable Kevin Yoder to act as Chairman of the Committee.
action_date: 2015-03-17
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 138 and Rule XVIII.
action_date: 2015-03-17
text: Considered under the provisions of rule H. Res. 138. (consideration: CR H1678-1693, H1693-1694; text of amendment in the nature of a substitute: CR H1685-1686)
action_date: 2015-03-03
text: Rules Committee Resolution H. Res. 138 Reported to House. For each measure, resolution provides one hour of general debate; makes specified amendments in order; and allows a motion to recommit, with or without instructions.
action_date: 2015-03-02
text: Placed on the Union Calendar, Calendar No. 22.
action_date: 2015-03-02
text: Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 114-33.
action_date: 2015-03-02
text: Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 114-33.
action_date: 2015-02-25
text: Ordered to be Reported (Amended) by the Yeas and Nays: 17 - 12.
action_date: 2015-02-25
text: Committee Consideration and Mark-up Session Held.
action_date: 2015-02-24
text: Referred to the House Committee on Science, Space, and Technology.
action_date: 2015-02-24
text: Introduced in House
action_date: 2015-02-24
text: Introduced in House