EPA Science Advisory Board Reform Act of 2014

Bill: 113-hr-1422
Sponsor: full_name: Rep. Stewart, Chris [R-UT-2]
Introduced: 2013-04-09
Policy area: Environmental Protection
Subjects: Administrative law and regulatory procedures

Advisory bodies

Environmental Protection Agency (EPA)

Environmental assessment, monitoring, research

Environmental regulatory procedures

Research administration and funding
Latest action: action_date: 2014-11-19
text: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

Summaries:
action_date: 2013-04-09
action_desc: Introduced in House
text: <p>EPA Science Advisory Board Reform Act of 2013 - 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 Administrator of the Environmental Protection Agency [EPA].)</p> <p>Revises the procedures for providing advice and comments to the Administrator by: (1) including risk or hazard assessments in the regulatory proposals and documents made available to the Board, and (2) requiring advice and comments to be included in the record regarding any such proposal and published in the Federal Register. <p>Revises the operation of Board member committees and investigative panels to: (1) require that they operate in accordance with the membership, participation, and policy requirements (including new requirements for public participation in advisory activities of the Board) contained in this Act; (2) deny them authority to make decisions on behalf of the Board; and (3) prohibit direct reporting to EPA. <p>Adds guidelines for the conduct of Board advisory activities, including concerning: (1) avoidance of making policy determinations or recommendations, (2) communication of uncertainties, (3) dissenting members' views, and (4) periodic reviews to ensure that such activities address the most important scientific issues affecting EPA. <p>

action_date: 2013-07-22
action_desc: Reported to House with amendment(s)
text: <p>EPA Science Advisory Board Reform Act of 2013 - 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 Administrator of the Environmental Protection Agency [EPA].) Prohibits federally registered lobbyists from being appointed to the Board.</p> <p>Revises the procedures for providing advice and comments to the Administrator by: (1) including risk or hazard assessments in the regulatory proposals and documents made available to the Board, and (2) requiring advice and comments to be included in the record regarding any such proposal and published in the Federal Register. <p>Revises the operation of Board member committees and investigative panels to: (1) require that they operate in accordance with the membership, participation, and policy requirements (including new requirements for public participation in advisory activities of the Board) contained in this Act; (2) deny them authority to make decisions on behalf of the Board; and (3) prohibit direct reporting to EPA. <p>Adds guidelines for the conduct of Board advisory activities, including concerning: (1) avoidance of making policy determinations or recommendations, (2) communication of uncertainties, (3) dissenting members' views, and (4) periodic reviews to ensure that such activities address the most important scientific issues affecting EPA. <p> Prohibits this Act from being construed as supplanting the requirements of the Federal Advisory Committee Act or the Ethics in Government Act of 1978.

action_date: 2014-11-18
action_desc: Passed House amended
text: <p>EPA Science Advisory Board Reform Act of 2014 - (Sec. 2) Amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to revise requirements for the Science Advisory Board, which gives scientific advice to the Environmental Protection Agency (EPA), and address public disclosure of scientific and technical information that the EPA uses as a basis for agency actions.</p> <p>Emphasizes that the Board provides such advice independently.</p> <p>Revises the process of selecting members of the Board. Requires at least 10% of Board membership to represent state, local, or tribal governments. Excludes from membership any federally registered lobbyists.</p> <p>Directs the Board to ensure that:</p> <ul> <li>the points of view represented on the Board are fairly balanced among the members,</li> <li>persons with substantial and relevant expertise are not excluded from the Board because of affiliation with or representation of entities that might have a potential interest in the Board's advisory activities, and</li> <li>members do not participate in advisory activities that involve review or application of their own work.</li> </ul> <p>Revises Board terms of office.</p> <p>Revises the procedures for providing advice and comments to the EPA by: (1) including draft risk or hazard assessments in the regulatory proposals and documents made available to the Board, and (2) requiring advice and comments to be included in the record regarding any such proposal and published in the Federal Register. <p>Revises the operation of Board member committees and investigative panels to: (1) require that they operate in accordance with the membership, participation, and policy requirements (including new requirements for public participation in advisory activities of the Board) contained in this Act; (2) deny them authority to make decisions on behalf of the Board; and (3) prohibit direct reporting to EPA. <p>Revises requirements for public participation and transparency. Requires the EPA and the Board to make all reports and relevant scientific information available to the public concurrently when that information is made available to the Board. <p>Adds guidelines for the conduct of Board advisory activities, including: (1) avoidance of making policy determinations or recommendations, (2) communication of uncertainties, (3) dissenting members' views, and (4) periodic reviews to ensure that such activities address the most important scientific issues affecting EPA. <p> (Sec. 3) Prohibits this Act from being construed as supplanting the requirements of the Federal Advisory Committee Act or the Ethics in Government Act of 1978.

tv_txt: I 113th CONGRESS 1st Session H. R. 1422 IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Stewart (for himself, Mr. Smith of Texas , Mr. Hall , 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.

1. Short title This Act may be cited as the EPA Science Advisory Board Reform Act of 2013 . 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 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 governments; (C) persons with substantial and relevant expertise are not excluded from the Board due to affiliation 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 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 advisory activities that directly or indirectly involve review 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 nomination, nominees shall file a written report disclosing financial relationships and interests, including Environmental Protection Agency grants, contracts, cooperative 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 exception 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 assessment, after at the time any proposed ; and (B) by inserting risk or hazard assessment, after to the Board such proposed ; and (2) in paragraph (2)— (A) by inserting 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 response 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 panels 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 accordance 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 Environmental 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 advisory 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 activity. (3) Prior to convening a member committee or investigative panel under subsection (e) or requesting scientific advice from the Board, the Administrator shall accept, consider, and address public comments on questions to be asked of the Board. The Board, member committees, and investigative 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 insufficient or arbitrary time restriction. Public comments shall be provided to the Board when received. The Board’s reports shall include written responses to significant 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. . (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 compelled to offer policy advice, shall explicitly distinguish between scientific determinations and policy advice. (2) The Board shall clearly communicate uncertainties associated with the scientific advice provided to the Administrator. (3) The Board shall ensure that advice and comments reflect the views of the members and shall encourage dissenting members to make their views known to the public and the Administrator. (4) The Board shall conduct periodic reviews to ensure that its advisory activities are addressing the most important scientific issues affecting the Environmental Protection Agency. .

tv_txt: IB Union Calendar No. 119 113th CONGRESS 1st Session H. R. 1422 [Report No. 113–165] IN THE HOUSE OF REPRESENTATIVES April 9, 2013 Mr. Stewart (for himself, Mr. Smith of Texas , Mr. Hall , Mr. Rohrabacher , 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 Alaska , 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 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.

1. Short title This Act may be cited as the EPA Science Advisory Board Reform Act of 2013 . 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 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 governments; (C) persons with substantial and relevant expertise are not excluded from the Board due to affiliation 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 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 advisory activities that directly or indirectly involve review and evaluation of their own work; (F) Board members shall be designated as special 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; (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 nomination, nominees shall file a written report disclosing financial relationships and interests, including Environmental Protection Agency grants, contracts, cooperative 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 exception 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 identifying 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 to members of the Board, member committees, or investigative 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 assessment, after at the time any proposed ; and (B) by inserting risk or hazard assessment, after to the Board such proposed ; and (2) in paragraph (2)— (A) by inserting 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 response 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 panels 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 accordance 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 Environmental 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 advisory 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 activity. (3) Prior to convening a member committee or investigative panel under subsection (e) or requesting scientific advice from the Board, the Administrator shall accept, consider, and address public comments on questions to be asked of the Board. The Board, member committees, and investigative 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 insufficient or arbitrary time restriction. Public comments shall be provided to the Board when received. The Board’s reports shall include written responses to significant 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. . (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 compelled to offer policy advice, shall explicitly distinguish between scientific determinations and policy advice. (2) The Board shall clearly communicate uncertainties associated with the scientific advice provided to the Administrator. (3) The Board shall ensure that advice and comments reflect the views of the members and shall encourage dissenting members to make their views known to the public and the Administrator. (4) The Board shall conduct periodic reviews to ensure that its advisory activities are addressing the most important scientific issues affecting the Environmental Protection Agency. . 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.). 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.).

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

tv_txt: IB 113th CONGRESS 2d Session H. R. 1422 IN THE HOUSE OF REPRESENTATIVES 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.

1. Short title This Act may be cited as the EPA Science Advisory Board Reform Act of 2014 . 2. Science Advisory Board (a) Independent advice Section 8(a) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 ( 42 U.S.C. 4365(a) ) is amended by inserting independently after Advisory Board which shall . (b) 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 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; (B) at least ten percent of the membership of the Board are from State, local, or tribal governments; (C) persons with substantial and relevant expertise are not excluded from the Board due to affiliation 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 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 advisory activities that directly or indirectly involve review or evaluation of their own work; (F) Board members shall be designated as special 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; (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 nomination, nominees shall file a written report disclosing financial relationships and interests, including Environmental Protection Agency grants, contracts, cooperative 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 exception 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 identifying 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 to members of the Board, member committees, or investigative 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. . (c) Record Section 8(c) of such Act ( 42 U.S.C. 4365(c) ) is amended— (1) in paragraph (1)— (A) by inserting or draft risk or hazard assessment, after at the time any proposed ; (B) by striking formal ; and (C) by inserting or draft risk or hazard assessment, after to the Board such proposed ; and (2) in paragraph (2)— (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 response 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 panels Section 8(e)(1)(A) of such Act ( 42 U.S.C. 4365(e)(1)(A) ) is amended by adding at the end the following: “These member committees and investigative panels— (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. . (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 advisory 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 activity. (3) Prior to convening a member committee or investigative panel under subsection (e) or requesting scientific advice from the Board, the Administrator shall accept, consider, and address public comments on questions to be asked of the Board. The Board, member committees, and investigative 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 insufficient or arbitrary time restriction. Public comments shall be provided to the Board when received. The Board’s reports shall include written responses to significant 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 uncertainties associated with the scientific advice provided to the Administrator or Congress. (3) The Board shall ensure that advice and comments reflect the views of the members and shall encourage dissenting members to make their views known to the public, the Administrator, and Congress. (4) The Board shall conduct periodic reviews to ensure that its advisory activities are addressing the most important scientific issues affecting the Environmental Protection Agency. (5) The Board shall be fully and timely responsive to Congress. . 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.). 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. Karen L. Haas, Clerk.

tv_txt: 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.

1. Short title This Act may be cited as the EPA Science Advisory Board Reform Act of 2014 . 2. Science Advisory Board (a) Independent advice Section 8(a) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 ( 42 U.S.C. 4365(a) ) is amended by inserting independently after Advisory Board which shall . (b) 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 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; (B) at least ten percent of the membership of the Board are from State, local, or tribal governments; (C) persons with substantial and relevant expertise are not excluded from the Board due to affiliation 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 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 advisory activities that directly or indirectly involve review or evaluation of their own work; (F) Board members shall be designated as special 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; (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 nomination, nominees shall file a written report disclosing financial relationships and interests, including Environmental Protection Agency grants, contracts, cooperative 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 exception 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 identifying 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 to members of the Board, member committees, or investigative 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. . (c) Record Section 8(c) of such Act ( 42 U.S.C. 4365(c) ) is amended— (1) in paragraph (1)— (A) by inserting or draft risk or hazard assessment, after at the time any proposed ; (B) by striking formal ; and (C) by inserting or draft risk or hazard assessment, after to the Board such proposed ; and (2) in paragraph (2)— (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 response 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 panels Section 8(e)(1)(A) of such Act ( 42 U.S.C. 4365(e)(1)(A) ) is amended by adding at the end the following: “These member committees and investigative panels— (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. . (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 advisory 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 activity. (3) Prior to convening a member committee or investigative panel under subsection (e) or requesting scientific advice from the Board, the Administrator shall accept, consider, and address public comments on questions to be asked of the Board. The Board, member committees, and investigative 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 insufficient or arbitrary time restriction. Public comments shall be provided to the Board when received. The Board’s reports shall include written responses to significant 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 uncertainties associated with the scientific advice provided to the Administrator or Congress. (3) The Board shall ensure that advice and comments reflect the views of the members and shall encourage dissenting members to make their views known to the public, the Administrator, and Congress. (4) The Board shall conduct periodic reviews to ensure that its advisory activities are addressing the most important scientific issues affecting the Environmental Protection Agency. (5) The Board shall be fully and timely responsive to Congress. . 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.). 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. Karen L. Haas, Clerk