[House Report 114-37]
[From the U.S. Government Publishing Office]
114th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 114-37
======================================================================
PROVIDING FOR CONSIDERATION OF 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, AND
PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1030) TO PROHIBIT THE
ENVIRONMENTAL PROTECTION AGENCY FROM PROPOSING, FINALIZING, OR
DISSEMINATING REGULATIONS OR ASSESSMENTS BASED UPON SCIENCE THAT IS NOT
TRANSPARENT OR REPRODUCIBLE
_______
March 3, 2015.--Referred to the House Calendar and ordered to be
printed
_______
Mr. Burgess, from the Committee on Rules,
submitted the following
R E P O R T
[To accompany H. Res. 138]
The Committee on Rules, having had under consideration
House Resolution 138, by record vote of 7 to 4, report the same
to the House with the recommendation that the resolution be
adopted.
SUMMARY OF PROVISIONS OF THE RESOLUTION
The resolution provides for consideration of H.R. 1029, the
EPA Science Advisory Board Reform Act of 2015, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Science, Space, and
Technology. The resolution waives all points of order against
consideration of the bill. The resolution makes in order as
original text for the purpose of amendment an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 114-10 and provides that it shall be considered
as read. The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in part A of
this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in part A of this report.
The rule provides one motion to recommit with or without
instructions.
Section 2 of the resolution provides for consideration of
H.R. 1030, the Secret Science Reform Act of 2015, under a
structured rule. The resolution provides one hour of general
debate equally divided and controlled by the chair and ranking
minority member of the Committee on Science, Space, and
Technology. The resolution waives all points of order against
consideration of the bill. The resolution makes in order as
original text for the purpose of amendment an amendment in the
nature of a substitute consisting of the text of Rules
Committee Print 114-11 and provides that it shall be considered
as read. The resolution waives all points of order against that
amendment in the nature of a substitute. The resolution makes
in order only those further amendments printed in part B of
this report. Each such amendment may be offered only in the
order printed in this report, may be offered only by a Member
designated in this report, shall be considered as read, shall
be debatable for the time specified in this report equally
divided and controlled by the proponent and an opponent, shall
not be subject to amendment, and shall not be subject to a
demand for division of the question in the House or in the
Committee of the Whole. The resolution waives all points of
order against the amendments printed in part B of this report.
The resolution provides one motion to recommit with or without
instructions.
EXPLANATION OF WAIVERS
The waiver of all points of order against consideration of
H.R. 1029 includes waivers of the following:
--Clause 3(e)(1) of rule XIII (Ramseyer), requiring a
committee report accompanying a bill amending or repealing
statutes to show, by typographical device, parts of statute
affected.
--Clause 3(c)(4) of rule XIII, requiring the inclusion of
general performance goals and objectives in the committee
report. It is important to note that while the report to
accompany H.R. 1029 did include a statement reflecting the
performance goals, the statement was incomplete.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 1029 made
in order as original text, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
amendments printed in part A of this report, the Committee is
not aware of any points of order. The waiver is prophylactic in
nature.
The waiver of all points of order against consideration of
H.R. 1030 includes waivers of the following:
--Clause 3(e)(1) of rule XIII (Ramseyer), requiring a
committee report accompanying a bill amending or repealing
statutes to show, by typographical device, parts of statute
affected.
--Clause 3(c)(4) of rule XIII, requiring the inclusion of
general performance goals and objectives in the committee
report. It is important to note that while the report to
accompany H.R. 1030 did include a statement reflecting the
performance goals, the statement was incomplete.
--Clause 3(d) of rule XIII, which requires the inclusion of
a committee cost estimate.
Although the resolution waives all points of order against
the amendment in the nature of a substitute to H.R. 1030 made
in order as original text, the Committee is not aware of any
points of order. The waiver is prophylactic in nature.
Although the resolution waives all points of order against
amendments printed in part B of this report, the Committee is
not aware of any points of order. The waiver is prophylactic in
nature.
The waivers of clause 3(e)(1) of rule XIII (known as the
``Ramseyer'' rule) are provided for both measures because the
submissions provided by the committee were insufficient to meet
the standards established by the rule in its current form. The
Committee on Rules continues to work with the House Office of
Legislative Counsel and committees to determine the steps
necessary to comply with the updated rule.
COMMITTEE VOTES
The results of each record vote on an amendment or motion
to report, together with the names of those voting for and
against, are printed below:
Rules Committee record vote No. 31
Motion by Mr. Cole to report the rule. Adopted: 7-4
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Majority Members Vote Minority Members Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................ Yea Ms. Slaughter..................... Nay
Mr. Cole........................................ Yea Mr. McGovern...................... Nay
Mr. Woodall..................................... Yea Mr. Hastings of Florida........... Nay
Mr. Burgess..................................... Yea Mr. Polis......................... Nay
Mr. Stivers..................................... Yea
Mr. Collins..................................... Yea
Mr. Sessions, Chairman.......................... Yea
----------------------------------------------------------------------------------------------------------------
SUMMARY OF THE AMENDMENTS TO H.R. 1029 IN PART A MADE IN ORDER
1. Grayson (FL): Prohibits an EPA Science Advisory Board
member from participating in any advisory action for which
there is evidence that the action may involve a specific party
in which the member has an interest. (10 minutes)
2. McKinley (WV): Prohibits an individual from sitting on
the Board if they are currently receiving EPA contracts or
grants; and then would prohibit them from being allowed to
apply for, 3 years after serving as a Board member, for any EPA
contracts or grants. (10 minutes)
3. Polis (CO): Requires the Administrator of the
Environmental Protection Agency to solicit nominations for
Advisory Board membership from (1) Institutions of Higher
Education and (2) research institutions based in work relevant
to that of the Board. (10 minutes)
4. Bonamici (OR): SUBSTITUTE Improves the selection of
members for EPA's Science Advisory Board by increasing
transparency and ensuring balance among board participants;
Promotes public participation in the Board's review process.
(20 minutes)
SUMMARY OF THE AMENDMENTS TO H.R. 1030 IN PART B MADE IN ORDER
1. Edwards (MD): Authorizes $250 million for each of fiscal
years 2016 through 2019. (10 minutes)
2. Kennedy (MA), McGovern (MA), Clark, Katherine (MA):
Allows the EPA to use all peer-reviewed scientific
publications. (10 minutes)
PART A--TEXT OF AMENDMENTS TO H.R. 1029 MADE IN ORDER
1. An Amendment To Be Offered by Representative Grayson of Florida or
His Designee, Debatable for 10 Minutes
Page 2, line 22, insert ``, or for which the Board has
evidence that it may involve,'' after ``involving''.
----------
2. An Amendment To Be Offered by Representative McKinley of West
Virginia or His Designee, Debatable for 10 Minutes
Page 3, line 7, strike ``and'' at the end of subparagraph
(F).
Page 3, line 9, strike the period and insert ``; and''.
Page 3, after line 9, insert the following new subparagraph:
``(H) a Board member shall have no current
grants or contracts from the Environmental
Protection Agency and shall not apply for a
grant or contract for 3 years following the end
of that member's service on the Board.''.
----------
3. An Amendment To Be Offered by Representative Polis of Colorado or
His Designee, Debatable for 10 Minutes
Page 3, line 17, through page 4, line 5, redesignate
subparagraphs (C) through (E) as subparagraphs (D) through (F),
respectively.
Page 3, after line 16, insert the following new subparagraph:
``(C) solicit nominations from--
``(i) institutions of higher education (as
defined in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a))); and
``(ii) scientific and research institutions
based in work relevant to that of the Board;
Page 4, line 9, strike ``paragraph (3)(D)'' and insert
``paragraph (3)(E)''.
----------
4. An Amendment To Be Offered by Representative Bonamici of Oregon or
Her Designee, Debatable for 20 Minutes
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
Improvement Act of 2015''.
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, as established in subsection (a), shall
be composed of at least 9 members, 1 of whom shall be
designated Chair, and shall meet at such times and places as
may be designated by the Chair of the Board, 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 ensure that--
``(A) the Board is fairly balanced in its membership
in terms of the points of view represented and the
functions to be performed;
``(B) no Board member shall participate in an
advisory activity of the Board involving a particular
matter or specific party which the Board member has a
direct or predictable financial interest;
``(C) no Board member is a registered lobbyist, or
has served as a registered lobbyist within a 4-year
period prior to nomination to the Board; and
``(D) 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) make public the list of nominees, including--
``(i) the identity of the entities that
nominated each nominee; and
``(ii) the professional credentials of each
nominee, including relevant expertise and
experience, as well as the sources of research
funding and professional activities such as
representational work, expert testimony, and
contract work dating back 2 years;
``(C) solicit public comment on the nominees;
``(D) develop, and make publically available, a
formal memorandum describing each advisory activity to
be undertaken by the Board which shall include--
``(i) the charge to the Board, including an
explanation of the scope of issues to be
addressed by the Board and the formal statement
of questions posed to the Board;
``(ii) the ethics rules, if applicable, that
would apply to Board members; and
``(iii) other information relied on to
support the selection of panel members; and
``(E) require that, upon their provisional
nomination, nominees shall be required to complete a
written form disclosing information related to
financial relationships and interests that may, or
could be predicted to, be relevant to the Board's
advisory activities, and relevant professional
activities and public statements, for the 2-year period
prior to the date of their nomination, in a manner
sufficient for the Administrator to assess the
independence and points of view of the candidates.''.
(b) Public Participation and Transparency.--Section 8(h) of
such Act (42 U.S.C. 4365(h)) is amended to read as follows:
``(h)(1) 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 publicly available in electronic form on the
website of the Environmental Protection Agency.
``(2) The Administrator and the Board shall encourage and
solicit public comments on the advisory activities of Board,
including written and oral comments, especially comments that
provide specific scientific or technical information or
analysis for the Board to consider, or comments related to the
clarity or accuracy of the recommendations being considered by
the Board.
``(3) The Administrator shall specify the areas of expertise
being sought and make every effort to solicit candidate
recommendations from the public, and solicit public comments on
candidates selected.''.
(c) Operations.--Section 8 of such Act (42 U.S.C. 4365) is
further amended by adding at the end the following new
subsection:
``(j)(1) In carrying out its advisory activities, the Board
shall strive to avoid making policy determinations or
recommendations, and, in the event the Board determines that it
would be appropriate or useful to offer policy advice, shall
explicitly distinguish between scientific determinations and
policy advice.
``(2) While recognizing that consensus recommendations and
conclusions are the most useful to the Administrator and
Congress, the Board shall ensure the views of all Board
members, including dissenting views, are adequately
incorporated into reports and recommendations from the
Board.''.
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.).
----------
PART B--TEXT OF AMENDMENTS TO H.R. 1030 MADE IN ORDER
1. An Amendment To Be Offered by Representative Edwards of Maryland or
Her Designee, Debatable for 10 Minutes
Page 2, lines 21 through 24, amend paragraph (4) to read as
follows:
``(4) There are authorized to be appropriated to the
Administrator to carry out this subsection $250,000,000 for
each of fiscal years 2016 through 2019.''.
----------
2. An Amendment To Be Offered by Representative Kennedy of
Massachusetts or His Designee, Debatable for 10 Minutes
At the end of the bill, add the following:
SEC. 3. ENSURING THE USE OF THE BEST SCIENCE.
Nothing in this Act shall prevent the Administrator of the
Environmental Protection Agency from considering or relying
upon any peer-reviewed scientific publication even if such
publication is based on data that is prohibited from public
disclosure.
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