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.
Emphasizes that the Board provides such advice independently.
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.
Directs the Board to ensure that:
Revises Board terms of office.
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.
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.
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.
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.
(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.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1422 Introduced in House (IH)]
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
member 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.
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 Representatives 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 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.''.
<all>
Committee Consideration and Mark-up Session Held.
Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 16.
Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 113-165.
Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 113-165.
Placed on the Union Calendar, Calendar No. 119.
Rules Committee Resolution H. Res. 756 Reported to House. Rule provides for consideration of H.R. 1422, H.R. 4012 and H.R. 4795. The resolution provides for consideration of H.R. 1422, H.R. 4012, and H.R. 4795. General debate is limited to 1 hour for each bill. The resolution specifies certain amendments are in order for H.R. 1422, H.R. 4012, and H.R. 4795. One motion to recommit with instructions is permitted for each bill.
Considered under the provisions of rule H. Res. 756. (consideration: CR H8050-8064; text of measure as reported in the House: CR H8050-8051)
Rule provides for consideration of H.R. 1422, H.R. 4012 and H.R. 4795. The resolution provides for consideration of H.R. 1422, H.R. 4012, and H.R. 4795. General debate is limited to 1 hour for each bill. The resolution specifies certain amendments are in order for H.R. 1422, H.R. 4012, and H.R. 4795. One motion to recommit with instructions is permitted for each bill.
DEBATE - The House proceeded with one hour of debate on H.R. 1422.
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POSTPONED PROCEEDINGS - The Chair announced that pursuant to clause 1(c) of rule 19, further proceedings on H.R. 1422 had been postponed.
Considered as unfinished business. (consideration: CR H8060-8064)
DEBATE - Pursuant to the provisions of H.Res. 756, the House proceeded with 10 minutes of debate on the Stewart Part A amendment No. 1.
Mr. Maloney, Sean moved to recommit with instructions to the Committee on Science, Space, and Technology. (consideration: CR H8062-8063; text: H8062)
DEBATE - The House proceeded with 10 minutes of debate on the Sean Maloney motion to recommit with instructions, pending reservation of a point of order. The instructions contained in the motion seek to require the bill to be reported back to the House with an amendment to prohibit people from serving on the Science Advisory Board if they represent a corporation or a trade association with a financial interest in the outcome of the Boards decisions. The reservation of the point of order was subsequently withdrawn.
The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8062)
On motion to recommit with instructions Failed by recorded vote: 195 - 225 (Roll no. 524).
Roll Call #524 (House)Passed/agreed to in House: On passage Passed by recorded vote: 229 - 191 (Roll no. 525).
Roll Call #525 (House)On passage Passed by recorded vote: 229 - 191 (Roll no. 525).
Roll Call #525 (House)Motion to reconsider laid on the table Agreed to without objection.
Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.