House Report 114-33 - EPA SCIENCE ADVISORY BOARD REFORM ACT OF 2015

[House Report 114-33]
[From the U.S. Government Publishing Office]

114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-33

======================================================================

EPA SCIENCE ADVISORY BOARD REFORM ACT OF 2015

_______

March 2, 2015.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed

_______

Mr. Smith of Texas, from the Committee on Science, Space, and
Technology, submitted the following

R E P O R T

together with

MINORITY VIEWS

[To accompany H.R. 1029]

[Including cost estimate of the Congressional Budget Office]

The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 1029) 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,
having considered the same, report favorably thereon with an
amendment and recommend that the bill as amended do pass.

CONTENTS

Committee Statement and Views.................................... 4
Section-by-Section............................................... 7
Explanation of Amendments........................................ 9
Committee Consideration.......................................... 9
Roll Call Votes.................................................. 9
Application of Law to the Legislative Branch..................... 11
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 11
Statement of General Performance Goals and Objectives............ 11
Duplication of Federal Programs.................................. 12
Disclosure of Directed Rule Makings.............................. 12
Federal Advisory Committee Act................................... 12
Unfunded Mandate Statement....................................... 12
Earmark Identification........................................... 12
Committee Estimate............................................... 12
Budget Authority and Congressional Budget Office Cost Estimate... 12
Changes in Existing Law Made by the Bill as Reported............. 13
Minority Views................................................... 19

The amendment is as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as the ``EPA Science Advisory Board Reform Act
of 2015''.

SEC. 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, unless fully disclosed to the
public and the work has been externally peer-reviewed;
``(F) Board members shall be designated as special Government
employees; and
``(G) no 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.''.

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.).

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.).

Committee Statement and Views

PURPOSE AND SUMMARY

The purpose of H.R. 1029 is to amend the Environmental
Research, Development, and Demonstration Authorization Act of
1978 to provide for Science Advisory Board independence, member
qualifications, public participation, and for other purposes.

BACKGROUND AND NEED FOR LEGISLATION

Environmental Protection Agency's (EPA) Science Advisory
Board (SAB) was established by Congress in the Environmental
Research, Development, and Demonstration Authorization Act of
1978 (ERDDAA).\1\ Under this authorization, the SAB provides
scientific advice as may be requested by the EPA Administrator
and interested Congressional Committees.
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\1\Public Law 95-155.
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Since its enactment, the size and function of the SAB has
evolved. ERDDAA established a minimum number of nine members,
one of which is to be the designated Chair. Members are
appointed by the EPA Administrator to serve a three-year term
and may be reappointed for a second three-year term. There are
currently 47 members on the chartered SAB; however, this number
fluctuates as members rotate off and new members are appointed.
The SAB and its subcommittees and ad hoc subpanels provide
scientific advice on a wide range of issues, including stream
and wetland connectivity, hydraulic fracturing, environmental
justice screening, and regulatory cost estimates.\2\ The Board
has also begun providing advice on the science underlying
several potential, forthcoming Agency regulatory activities.\3\
---------------------------------------------------------------------------
\2\http://yosemite.epa.gov/sab/sabproduct.nsf/
WebProjectsbyTopicBOARD!OpenView.
\3\Dave Reynolds, ``Advisors Narrow List Of Pending EPA Rules For
Novel Scientific Scrutiny,'' Inside EPA, March 11, 2013, http://
insideepa.com/201303112427282/EPA-Daily-News/Daily-News/advisors-
narrow-list-of-pending-epa-rules-for-novel-scientific-scrutiny/menu-id-
95.html.
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The SAB is operated in accordance with the Federal Advisory
Committee Act of 1972, which requires that advisory panels have
a charter and be ``fairly balanced in terms of the points of
view represented and the functions to be performed.'' According
to EPA, SAB's mission includes:
Reviewing the quality and relevance of the
scientific and technical information being used or
proposed as the basis for Agency regulations;
Reviewing research programs and the
technical basis of applied programs;
Reviewing generic approaches to regulatory
science, including guidelines governing the use of
scientific and technical information in regulatory
decisions, and critiquing such analytic methods as
mathematical modeling;
Advising the Agency on broad scientific
matters in science, technology, social and economic
issues; and
Advising the Agency on emergency and other
short-notice programs.\4\
---------------------------------------------------------------------------
\4\http://yosemite.epa.gov/sab/sabpeople.nsf/Webcommittees/BOARD.
---------------------------------------------------------------------------
Toward those goals, the chartered SAB conducts much of its
work through subcommittees or subpanels focused on specific
issues. Currently, these subcommittees include: Drinking Water
Committee; Ecological Processes and Effects Committee;
Environmental Economics Advisory Committee; Environmental
Engineering Committee; Exposure and Human Health Committee;
Radiation Advisory Committee; Chemical Assessment Advisory
Committee; and the Agricultural Science Committee.\5\ Under the
SAB's charter,\6\ these ``[c]ommittees, panels, and workgroups
have no authority to make decisions on behalf of the SAB and
may not report directly to the Agency.''
---------------------------------------------------------------------------
\5\http://yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/
CommitteesandMembership?OpenDocument.
\6\http://yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/
currentcharter?OpenDocument.
---------------------------------------------------------------------------
EPA also receives advice from and manages 22 additional
Federal Advisory Committees, including entities like the EPA
Board of Scientific Counselors, the Federal Insecticide,
Fungicide, and Rodenticide Act Scientific Advisory Panel, and
the Clean Air Scientific Advisory Committee (CASAC).\7\ These
bodies carry out a variety of advisory functions. For example,
CASAC ``provides independent advice to the EPA Administrator on
the technical bases for EPA's national ambient air quality
standards'' and ``addresses research related to air quality,
sources of air pollution, and the strategies to attain and
maintain air quality standards and to prevent significant
deterioration of air quality.'' The Chair of CASAC also sits on
the chartered SAB.\8\
---------------------------------------------------------------------------
\7\http://www.epa.gov/ocem/faca/facacomcontacts.htm.
\8\http://yosemite.epa.gov/sab/sabpeople.nsf/WebCommittees/CASAC.
---------------------------------------------------------------------------
EPA staff and the chartered SAB allow for some public
involvement in advisory activities through the nomination of
experts for committees and panels and involvement in advisory
committee meetings and report developments. In response to
numerous comments during an SAB Session on Public Involvement
in June 2011, the SAB Staff Office announced additional steps
to enhance public involvement in advisory activities beginning
in FY2012.\9\
---------------------------------------------------------------------------
\9\http://yosemite.epa.gov/sab/sabproduct.nsf/WebSABSO/
PublicInvolvement?OpenDocument.
---------------------------------------------------------------------------

LEGISLATIVE AND POLICY HISTORY

In the 113th Congress, the Subcommittee on Environment held
a hearing on March 20, 2013, to examine the Environmental
Protection Agency's process for receiving independent
scientific advice and to receive testimony on draft legislation
to strengthen public participation; improve the process for
selecting expert advisors; expand transparency requirements;
and limit non-scientific policy advice among advisory bodies.
The Subcommittee heard from 3 witnesses: Dr. Michael
Honeycutt, Chief Toxicologist, Texas Commission on
Environmental Quality; Dr. Roger McClellan, Advisor, Toxicology
and Human Health Risk Analysis; and Dr. Francesca Grifo, Senior
Scientist and Science Policy Fellow, Union of Concerned
Scientists.
In the 113th Congress, H.R. 1422 the Science Advisory Board
Reform Act of 2013 was brought to the floor. It passed on
November 18, 2014, by a vote of 229-191.

COMMITTEE VIEWS

H.R. 1029 will restore balance and independence to the
scientific advisory process at EPA. The bill seeks to codify
existing practices and address concerns with the Science
Advisory Board (SAB) by strengthening public participation,
reinforcing the need for expertise, transparency, and balance
in the SAB selection process, and establishing a clearer role
for the SAB in providing scientific advice to the EPA and
Congress.
H.R. 1029 provides needed direction to SAB and helps to
fulfill President Ronald Reagan's guidance that ``[t]he purpose
of the Science Advisory Board is to apply the universally
accepted principles of scientific peer review to the research
conclusions that will form the bases for EPA regulations, a
function that must remain above interest group politics.''
In light of EPA's unique position as an agency that
frequently provides the scientific justifications to support
its regulatory decisions, it is vital that the scientific
advisory and peer review process be independent and robust.
This is especially true for the EPA Science Advisory Board
because its members are selected by the EPA Administrator and
frequently are asked to provide analysis on critical scientific
matters and information from chemical assessments to EPA's
research budget prioritization. If EPA science appears biased,
pre-ordained toward a specific outcome, or even less than
willing to consider every point of view, its credibility will
suffer. The bill makes basic changes to the operations, scope,
and selection process for the SAB, relying on non-controversial
provisions of the Federal Advisory Committee Act, EPA's Peer
Review Handbook, the National Academies' Policy on Committee
Composition and Balance and Conflicts of Interest, and
recommendations from Science Committee testimony.
Despite requirements in the Federal Advisory Committee Act
that SAB and related panels be ``fairly balanced in terms of
point of view represented,'' the Science Committee determined
that individuals with certain perspectives are overrepresented
within the SAB and other viewpoints are frequently
underrepresented or excluded from participation based on
misinterpretation of ethics rules. Additionally, EPA often
differs from the practice of other federal agencies and
excludes state, local, tribal, and private sector scientists
from serving as advisors. To rectify these issues, H.R. 1029
requires that all SAB members be designated as ``special
Government employees,'' prohibits the exclusion of individuals
with substantial and relevant expertise, requires that at least
ten percent of the Board be drawn from State, local, and tribal
experts, and clarifies, in a manner consistent with existing
ethics requirements, that 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. The bill also expands disclosure
requirements for panelists and nominees, and requires that the
EPA make reports and conflict of interest waivers available
publicly.
Testimony received by the Committee demonstrated that at
times Board members had been involved directly or indirectly in
reviewing their own work. To address this issue, H.R. 1029
states that ``Board members may not participate in advisory
activities that directly or indirectly involve review and
evaluation of their own work''. This language was based on the
EPA's Peer Review Handbook language that states that ``An
independent peer reviewer is an expert who was not associated
with the generation of the specific work product whether
directly by substantial contribution to its development or
indirectly by significant consultation during the development
of the specific product.'' Additionally, the legislation
requires public disclosure of Board member recusals.
H.R. 1029 makes additional changes to facilitate
participation in a manner that will improve scientific advice
without unduly burdening the panel or the EPA. It encourages
public comments and instructs the Board to not accept questions
that narrow the scope of an advisory activity. Similarly, the
bill provides additional detail to the operations of the Board,
ensuring that their advice clearly distinguishes scientific and
policy advice, communicates uncertainties, and offers
opportunities for dissenting views to be made known to the
public the Administrator, and Congress.

Section-by-Section

Section 1. Short title

This section establishes the short title of the Act as the
``EPA Science Advisory Board Reform Act of 2015.''

Section 2. Science Advisory Board

This section amends the Environmental Research,
Development, and Demonstration Authorization Act of 1978
(ERDAA) to:
a. Protect the independence of the Advisor Board.
b. Provide membership requirements of the Advisor Board,
including:
(1) A minimum of nine members, with one designated as
Chairman, and that these members meet at a times and
places designated by the Chairman.
(2) Requirements to ensure that each member of the
Board is qualified by education, training, and
experience to evaluate scientific and technical
information on matters referred to the Board. The
Administrator shall ensure:
Scientific and technical points of
view are fairly balanced among the Board
members;
At least ten percent of the Board
are from State, local, or tribal governments;
Persons with substantial and
relevant expertise are not unduly excluded, as
long as potential interests are fully
disclosed;
Board members with an interest in a
specific activity may not participate in that
activity;
Board members must disclose advisory
activities that involve review of their own
work;
Board members are designated as
special Government employees; and
No registered lobbyist may be
appointed to the Board.
(3) A public nomination and selection process. The
Administrator shall:
Solicit nominations from the public
and relevant Federal Agencies;
Make the list of nominees public,
and solicit public comments;
Require nominees to publicly
disclose financial relationships and interests
relevant to the Board's advisory activities for
the three year period prior to nomination; and
Require nominees to publicly
disclose professional activities and public
statements relevant to the Board's advisory
activities for the five year period prior to
nomination.
(4-6) Disclosure of activities, conflict of interest
waivers, and recusal agreements shall be publicly
available unless specifically prohibited by law.
(7) The terms of the members of the Board shall be
three years and staggered to ensure that no more than
one-third of total membership shall expire within a
single year. Members are limited to two terms over a
ten-year period.
c. Clarify that the Administrator shall make risk and
hazard assessments available to the Board for review when
provided to other agencies for review and comment. This
subsection also provides that the Board's advice and comments,
including dissenting views of Board members, and the response
of the Administrator shall be public.
d. Provide that the member committees and investigative
panels:
Must also follow the provisions of this Act;
Do not have authority to make decisions on
behalf of the Board; and
May not report directly to the EPA.
e. Strengthen public participation. This subsection:
Ensures all reports and relevant scientific
information public at the same time they are received
by the Board.
Requires the Board to hold a public
information-gathering session to discuss the state of
the science relative to the advisory activity prior to
conducting major advisory activities.
Allows public comment on questions asked of
the Board, prohibits questions that would unduly narrow
the scope of an advisory activity, and encourages
written responses to significant public comments.
Provides the public with 15 calendar days
after Board meetings to provide additional comments for
consideration.
f. Protect the integrity of scientific advice and process.
The Board shall:
Strive to avoid making policy determinations
or recommendations, and explicitly distinguish between
scientific determinations and policy advice.
Clearly communicate uncertainties associated
with scientific advice.
Ensure that advice and comments reflect the
views of the members and encourage dissenting members
to make their views known.
Conduct periodic reviews to ensure its
advisory activities are addressing the most important
scientific issues facing the EPA.
Provide advice in a timely manner.

Section 3. Relation to the Federal Advisory Committee Act

This section clarifies that this Act does not supplants the
requirements of the Federal Advisory Committee Act.

Section 4. Relation to the Ethics in Government Act of 1978

This section clarifies that this Act does not supplant the
Ethics in Government Act of 1978.

Explanation of Amendments

An amendment offered by Rep. Grayson was adopted by the
Committee. The amendment expanded the definition of registered
lobbyist to include lobbyists other than federal lobbyists.

Committee Consideration

On February 26, 2015, the Committee met in open session and
ordered reported favorably the bill, H.R. 1029, as amended, by
recorded vote, a quorum being present.

Roll Call Votes

Bill: H.R. 1029

AMENDMENT NO. 3

Roll Call No. 4
Amendment Sponsor: Ms. Bonamici--Defeated

----------------------------------------------------------------------------------------------------------------
Member Aye No Present Not Voting
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chair--TX...................................... X
Mr. Lucas--OK**........................................... X
Mr. Sensenbrenner--WI.....................................
Mr. Rohrabacher--CA....................................... X
Mr. Neugebauer--TX........................................ X
Mr. McCaul--TX............................................
Mr. Palazzo--MS........................................... X
Mr. Brooks--AL............................................ X
Mr. Hultgren--IL.......................................... X
Mr. Posey--FL............................................. X
Mr. Massie--KY............................................ X
Mr. Bridenstine--OK.......................................
Mr. Weber--TX............................................. X
Mr. Johnson--OH........................................... X
Mr. Moolenaar--MI......................................... X
Mr. Knight--CA............................................ X
Mr. Babin--TX............................................. X
Mr. Westerman--AR......................................... X
Mrs. Comstock--VA......................................... X
Mr. Newhouse--WA.......................................... X
Mr. Palmer--AL............................................ X
Mr. Loudermilk--GA........................................ X
Ms. Johnson, Ranking--TX.................................. X
Ms. Lofgren--CA...........................................
Mr. Lipinski--IL.......................................... X
Ms. Edwards--MD...........................................
Ms. Bonamici--OR.......................................... X
Mr. Swalwell--CA.......................................... X
Mr. Grayson--FL........................................... X
Mr. Bera--CA.............................................. X
Ms. Esty--CT.............................................. X
Mr. Veasey--TX............................................ X
Ms. Clark--MA.............................................
Mr. Beyer--VA............................................. X
Mr. Perlmutter--CO........................................ X
Mr. Tonko--NY............................................. X
Mr. Takano--CA ...........................................
Mr. Foster--IL............................................
Vacant....................................................
Totals................................................ 11 19
----------------------------------------------------------------------------------------------------------------

Bill: H.R. 1029

AMENDMENT NO. 4

Roll Call No. 3
Amendment Sponsor: Mr. Swalwell--Defeated

Bill: H.R. 1029

FINAL PASSAGE

Roll Call No. 5
Passed

----------------------------------------------------------------------------------------------------------------
Member Aye No Present Not Voting
----------------------------------------------------------------------------------------------------------------
Mr. Smith, Chair--TX...................................... X
Mr. Lucas--OK**........................................... X
Mr. Sensenbrenner--WI.....................................
Mr. Rohrabacher--CA....................................... X
Mr. Neugebauer--TX........................................ X
Mr. McCaul--TX............................................
Mr. Palazzo--MS........................................... X
Mr. Brooks--AL............................................ X
Mr. Hultgren--IL.......................................... X
Mr. Posey--FL............................................. X
Mr. Massie--KY............................................ X
Mr. Bridenstine--OK.......................................
Mr. Weber--TX.............................................
Mr. Johnson--OH........................................... X
Mr. Moolenaar--MI......................................... X
Mr. Knight--CA............................................
Mr. Babin--TX............................................. X
Mr. Westerman--AR......................................... X
Mrs. Comstock--VA......................................... X
Mr. Newhouse--WA.......................................... X
Mr. Palmer--AL............................................ X
Mr. Loudermilk--GA........................................ X
Ms. Johnson, Ranking--TX.................................. X
Ms. Lofgren--CA...........................................
Mr. Lipinski--IL.......................................... X
Ms. Edwards--MD...........................................
Ms. Bonamici--OR.......................................... X
Mr. Swalwell--CA.......................................... X
Mr. Grayson--FL........................................... X
Mr. Bera--CA.............................................. X
Ms. Esty--CT.............................................. X
Mr. Veasey--TX............................................ X
Ms. Clark--MA............................................. X
Mr. Beyer--VA............................................. X
Mr. Perlmutter--CO........................................ X
Mr. Tonko--NY............................................. X
Mr. Takano--CA ...........................................
Mr. Foster--IL............................................
Vacant....................................................
Totals................................................ 17 12
----------------------------------------------------------------------------------------------------------------

Application of Law to the Legislative Branch

Section 102(b)(3) of Public Law 104-1 requires a
description of the application of this bill to the legislative
branch where the bill relates to the terms and conditions of
employment or access to public services and accommodations.
This bill provides for Science Advisory Board independence,
member qualifications and public participation. As such this
bill does not relate to employment or access to public services
and accommodations.

Statement of Oversight Findings and Recommendations of the Committee

In compliance with clause 3(c)(1) of rule XIII and clause
(2)(b)(1) of rule X of the Rules of the House of
Representatives, the Committee's oversight findings and
recommendations are reflected in the descriptive portions of
this report.

Statement of General Performance Goals and Objectives

In accordance with clause 3(c)(4) of rule XIII of the Rules
of the House of Representatives, the Committee's performance
goals and objectives are reflected in the descriptive portions
of this report.

Duplication of Federal Programs

No provision of H.R. 1029 establishes or reauthorizes a
program of the Federal Government known to be duplicative of
another Federal program, a program that was included in any
report from the Government Accountability Office to Congress
pursuant to section 21 of Public Law 111-139, or a program
related to a program identified in the most recent Catalog of
Federal Domestic Assistance.

Disclosure of Directed Rule Makings

No provision of H.R. 1029 directs an agency (or other
entity) to promulgate a rule or regulation.

Federal Advisory Committee Act

The Committee finds that the legislation does not establish
or authorize the establishment of an advisory committee within
the definition of 5 U.S.C. App., Section 5(b).

Unfunded Mandate Statement

Section 423 of the Congressional Budget and Impoundment
Control Act (as amended by Section 101(a)(2) of the Unfunded
Mandate Reform Act, P.L. 104-4) requires a statement as to
whether the provisions of the reported include unfunded
mandates. In compliance with this requirement the Committee has
received a letter from the Congressional Budget Office included
herein.

Earmark Identification

H.R. 1029 does not include any congressional earmarks,
limited tax benefits, or limited tariff benefits as defined in
clause 9 of Rule XXI.

Committee Estimate

Clause 3(d)(2) of rule XIII of the Rules of the House of
Representatives requires an estimate and a comparison by the
Committee of the costs that would be incurred in carrying out
H.R. 1029. However, clause 3(d)(3)(B) of that rule provides
that this requirement does not apply when the Committee has
included in its report a timely submitted cost estimate of the
bill prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act.

Budget Authority and Congressional Budget Office Cost Estimate

With respect to the requirements of clause 3(c)(2) of Rule
XIII of the rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has received
the following cost estimate for H.R. 1029 from the Director of
Congressional Budget Office:

U.S. Congress,
Congressional Budget Office,
Washington, DC, March 2, 2015.
Hon. Lamar Smith,
Chairman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1029, the EPA
Science Advisory Board Reform Act of 2015.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman.
Sincerely,
Douglas W. Elmendorf.
Enclosure.

H.R. 1029--EPA Science Advisory Board Reform Act of 2015

H.R. 1029 would require the Environmental Protection Agency
(EPA) to make various changes related to the qualifications of
members serving on the Science Advisory Board (SAB) and to
expand disclosure requirements for members of the board. The
SAB was established in 1978 by the Congress with a broad
mandate to advise EPA on technical matters related to science.
Some of the bill's proposed changes include requiring EPA to
solicit nominations from the public and from relevant federal
agencies, such as the Departments of Agriculture, Defense,
Energy, and Health and Human Services. Nominees also would be
required to file a written report disclosing certain financial
relationships and interests. Additionally, the bill would
require EPA to make risk or hazard assessments available to the
SAB and to publish the board's advice, comments, and views in
the Federal Register.
Based on information from EPA, CBO estimates that
implementing the changes proposed by this legislation would
cost less than $500,000 annually and about $2 million over the
2015-2020 period, subject to the availability of appropriated
funds. That funding would provide for additional personnel and
related administrative expenses.
Enacting H.R. 1029 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
H.R. 1029 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would not affect the budgets of state, local, or tribal
governments.
The CBO staff contact for this estimate is Susanne S.
Mehlman. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.

Changes in Existing Law Made by the Bill, as Reported

In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):

ENVIRONMENTAL RESEARCH, DEVELOPMENT, AND DEMONSTRATION AUTHORIZATION
ACT OF 1978

* * * * * * *

Sec. 8. (a) The Administrator of the Environmental Protection
Agency shall establish a Science Advisory Board which shall
independently provide such scientific advice as may be
requested by the Administrator, the Committee on Environment
and Public Works of the United States Senate, or the Committee
on Science, Space, and Technology, on Energy and Commerce, or
on Public Works and Transportation of the House of
Representatives.
[(b) Such 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 of
the Board in consultation with the Administrator. 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.]
(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, unless fully disclosed
to the public and the work has been externally peer-
reviewed;
(F) Board members shall be designated as special
Government employees; and
(G) no 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)(1) The Administrator, at the time any proposed or draft
risk or hazard assessment, criteria document, standard,
limitation, or regulation under the Clean Air Act, the Federal
Water Pollution Control Act, the Resource, Conservation and
Recovery Act of 1976, the Noise Control Act, the Toxic
Substances Control Act, or the Safe Drinking Water Act, or
under any other authority of the Administrator, is provided to
any other Federal agency for [formal] review and comment, shall
make available to the Board such proposed or draft risk or
hazard assessment, criteria document, standard, limitation, or
regulation, together with relevant scientific and technical
information in the possession of the Environmental Protection
Agency on which the proposed action is based.
(2) The Board may make available to the Administrator, within
the time specified by the Administrator, its advice and
comments on the adequacy of the scientific and technical basis
of the proposed or draft risk or hazard assessment, criteria
document, standard, limitation, or regulation, together with
any pertinent information in the Board's possession. 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) In preparing such advice and comments, the Board shall
avail itself of the technical and scientific capabilities of
any Federal agency, including the Environmental Protection
Agency and any national environmental laboratories.
(e) Committees.--
(1) Member committees.--
(A) In general.--The Board is authorized to
establish such member committees and
investigative panels as the Administrator and
the Board determine to be necessary to carry
out this section. 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.
(B) Chairmanship.--Each member committee or
investigative panel established under this
subsection shall be chaired by a member of the
Board.
(2) Agriculture-related committees.--
(A) In general.--The Administrator and the
Board--
(i) shall establish a standing
agriculture-related committee; and
(ii) may establish such additional
agriculture-related committees and
investigative panels as the
Administrator and the Board determines
to be necessary to carry out the duties
under subparagraph (C).
(B) Membership.--The standing committee and
each agriculture-related committee or
investigative panel established under
subparagraph (A) shall be--
(i) composed of--
(I) such quantity of members
as the Administrator and the
Board determines to be
necessary; and
(II) individuals who are not
members of the Board on the
date of appointment to the
committee or investigative
panel; and
(ii) appointed by the Administrator
and the Board, in consultation with the
Secretary of Agriculture.
(C) Duties.--The agriculture-related standing
committee and each additional committee and
investigative panel established under
subparagraph (A) shall provide scientific and
technical advice to the Board relating to
matters referred to the Board that the
Administrator and the Board determines, in
consultation with the Secretary of Agriculture,
to have a significant direct impact on
enterprises that are engaged in the business of
the production of food and fiber, ranching and
raising livestock, aquaculture, and all other
farming- and agriculture-related industries.
(f)(1) Upon the recommendation of the Board, the
Administrator shall appoint a secretary, and such other
employees as deemed necessary to exercise and fulfill the
Board's powers and responsibilities. The compensation of all
employees appointed under this paragraph shall be fixed in
accordance with chapter 51 and subchapter III of chapter 53 of
title 5 of the United States Code.
(2) Members of the Board may be compensated at a rate to be
fixed by the President but not in excess of the maximum rate of
pay for grade GS-18, as provided in the General Schedule under
section 5332 of title 5 of the United States Code.
(g) In carrying out the functions assigned by this section,
the Board shall consult and coordinate its activities with the
Scientific Advisory Panel established by the Administrator
pursuant to section 25(d) of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended.
[(h) Public Participation and Transparency.--The Board shall
make every effort, consistent with applicable law, including
section 552 of title 5, United States Code (commonly known as
the ``Freedom of Information Act'') and section 552a of title
5, United States Code (commonly known as the ``Privacy Act''),
to maximize public participation and transparency, including
making the scientific and technical advice of the Board and any
committees or investigative panels of the Board publically
available in electronic form on the website of the
Environmental Protection Agency.
[(i) Report to Congress.--The Administrator shall annually
report to the Committees on Environment and Public Works and
Agriculture of the Senate and the Committees on Transportation
and Infrastructure, Energy and Commerce, and Agriculture of the
House of Representatives regarding the membership and
activities of the standing agriculture-related committee
established pursuant to subsection (e)(2)(A)(i).]
(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.
(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.

* * * * * * *

Minority Views

MINORITY VIEWS TO H.R. 1029, THE EPA SCIENCE ADVISOTY BOARD REFORM ACT
OF 2015

I strongly oppose H.R. 1029, the EPA Science Advisory Board
Reform Act of 2015, because of the harm this bill would have on
the health of Americans and the environment. Now, more than
ever, the American people need a strong EPA to protect their
right to clean air and water. This includes an effective
Science Advisory Board whose role it is to provide the agency
with independent scientific analysis and advice as the basis
for the agency's regulations.
Unfortunately, H.R. 1029 would weaken EPA's Science
Advisory Board by packing it with industry representatives.
Industry-affiliated ``experts'' are far more likely to find
that the science they are asked to review will have a financial
impact on their employer. Academic scientists do not have such
financial conflicts of interest with the Board's advice or
EPA's actions and that is why I find it troubling that H.R.
1029 distorts the process for selecting members of the Science
Advisory Board toward industry. The bill also favors industry
by tying the Board up with procedural burdens so unlimited that
it is unlikely any Science Advisory Board panel could ever
render an opinion in a useful period of time. I assume that is
the point of H.R. 1029. Endless delay means we never know what
harm comes from any specific chemical or pollutant. And this
manufactured doubt will lead to an endless delay in the
formulation of public health regulations by EPA. Unfortunately,
that also means that the health and safety of our families and
friends will be needlessly put at risk.
I would be remiss if I didn't note that the origination of
quite a bit of the language in H.R.1029 seems to have come from
proposals put forward by groups like the American Petroleum
Institute and the American Chemical Council. These are, of
course, groups that represent polluting industries that would
benefit greatly from the manufactured doubt and delays this
bill would create. Based on what has been happening in Congress
over the past several years, I can't say it's terribly
surprising that the Majority is doing the bidding of the
polluting industries, although it is sad.
There was a time, not too long ago, when the organizations
upon whose recommendations the Committee based our legislation
on were entities like the National Academies of Sciences or the
American Association for the Advancement of Science. After all,
this is the Science Committee. Unfortunately, over the past two
years, this committee has turned a deaf ear to the scientific
societies and associations. We've largely turned a deaf ear to
the academic research community. And the Majority has certainly
turned a deaf ear to the public interest community.
Apparently, the only people we now consult on legislation
relating to the scientific process are the polluting industries
who are actively and openly trying to subvert science for their
own financial gain. That is deeply disappointing. As this
committee moves forward, I hope we will get back to listening
to the scientists when we legislate about science.
I have received letters from a number of groups who share
my concerns over H.R. 1029, including: the Natural Resources
Defense Council, the BlueGreen Alliance, Defenders of Wildlife,
Earthjustice, the Environmental Defense Fund, Greenpeace, the
League of Conservation Voters, the Union of Concerned
Scientists, Jacobs Institute of Women's Health, the National
Center for Health Research, the National Physicians Alliance,
Public Citizen, and others.
As a former nurse, I cannot support legislation that
endangers public health by weakening and delaying the
scientific review process. I strongly oppose this bill.

Eddie Bernice Johnson.

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