H.R. 1422House113th Congress (2013-2015)Passed House

EPA Science Advisory Board Reform Act of 2014

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.

Also known as EPA Science Advisory Board Reform Act of 2013

Introduced April 9, 2013

Legislative Activity

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19 earlier actions
SenateIntro Referral Latest Action

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

November 19, 2014

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HouseIntro Referral

Introduced in House

April 9, 2013

HouseIntro Referral

Referred to the House Committee on Science, Space, and Technology.

April 9, 2013

HouseCommittee

Committee Consideration and Mark-up Session Held.

April 11, 2013

HouseCommittee

Ordered to be Reported (Amended) by the Yeas and Nays: 21 - 16.

April 11, 2013

HouseCommittee

Reported (Amended) by the Committee on Science, Space, and Technology. H. Rept. 113-165.

July 22, 2013

HouseCalendars

Placed on the Union Calendar, Calendar No. 119.

July 22, 2013

HouseFloor

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.

November 17, 2014 • 7:26 PM

HouseFloor

Considered under the provisions of rule H. Res. 756. (consideration: CR H8050-8064; text of measure as reported in the House: CR H8050-8051)

November 18, 2014 • 1:35 PM

HouseFloor

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.

November 18, 2014 • 1:35 PM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 1422.

November 18, 2014 • 1:37 PM

HouseFloor

POSTPONED PROCEEDINGS - The Chair announced that pursuant to clause 1(c) of rule 19, further proceedings on H.R. 1422 had been postponed.

November 18, 2014 • 2:29 PM

HouseFloor

Considered as unfinished business. (consideration: CR H8060-8064)

November 18, 2014 • 5:01 PM

HouseFloor

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.

November 18, 2014 • 5:02 PM

HouseFloor

Mr. Maloney, Sean moved to recommit with instructions to the Committee on Science, Space, and Technology. (consideration: CR H8062-8063; text: H8062)

November 18, 2014 • 5:37 PM

HouseFloor

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.

November 18, 2014 • 5:37 PM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H8062)

November 18, 2014 • 5:45 PM

HouseFloor

On motion to recommit with instructions Failed by recorded vote: 195 - 225 (Roll no. 524).

November 18, 2014 • 5:53 PM

HouseFloor

On passage Passed by recorded vote: 229 - 191 (Roll no. 525).

November 18, 2014 • 6:02 PM

HouseFloor

Motion to reconsider laid on the table Agreed to without objection.

November 18, 2014 • 6:02 PM

SenateIntro Referral

Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.

November 19, 2014

Amendments

2 amendments

Offered to this bill

Floor Debate

21 members

What members said about H.R. 1422 on the floor

10 Republicans11 Democrats
Chris Stewart
Rep. Chris StewartR-UT-2 · Nov 18, 2014

Mr. Speaker, I reserve the balance of my time. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentleman for yielding, and I would like to also thank the ranking…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · Sep 18, 2014

I yield 3 minutes to the gentleman from Texas (Mr. Gene Green). (Mr. GENE GREEN of Texas asked and was given permission to revise and extend his remarks.) Mr. Speaker, may I inquire how much time is…

Doc Hastings
Rep. Doc HastingsR-WA-4 · Sep 18, 2014

Mr. Speaker, pursuant to House Resolution 727, I call up the bill (H.R. 2) to remove Federal Government obstacles to the production of more domestic energy; to ensure transport of that energy…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Nov 18, 2014

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 1422, the EPA Science Advisory Board Reform Act. I thank my colleagues, Mr. Smith and Mr. Schweikert,…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Nov 18, 2014

Mr. Speaker, I want to thank the gentleman from Texas (Mr. Burgess) for yielding me the customary 30 minutes, and I yield myself such time as I may consume. (Mr. McGOVERN asked and was given…

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Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Nov 19, 2014

Mr. Chair, I yield myself such time as I may consume. Mr. Chair, this bill does not permit me to mince words. This bill is an insidious attack on EPA's ability to use the best science to protect…

Michael C. Burgess
Rep. Michael C. BurgessR-TX-26 · Nov 18, 2014

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 756 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Sep 18, 2014

Mr. Speaker, I yield myself such time as I may consume. Well, Mr. Speaker, I would start out by saying this feels like Groundhog Day, but I have already done that when we brought up these same bills…

Steny H. Hoyer
Rep. Steny H. HoyerD-MD-5 · Nov 14, 2014

Mr. Speaker, I yield to the majority leader, Mr. McCarthy, for the purpose of inquiring of the schedule for the week to come. I want to, first, congratulate the majority leader on his reelection. I…

Greg Walden
Rep. Greg WaldenR-OR-2 · Sep 18, 2014

I thank the chairman of the Natural Resources Committee who has been most helpful in our endeavors in the West on the issues of private property, water rights, improving the health of our forest, and…

Kevin McCarthy
Rep. Kevin McCarthyR-CA-23 · Nov 14, 2014

I thank the gentleman for yielding, and I appreciate your comments. Mr. Speaker, on Monday, the House will meet at noon for morning hour and 2 p.m. for legislative business. Votes will be postponed…

Paul Tonko
Rep. Paul TonkoD-NY-20 · Sep 18, 2014

I thank the gentleman from California for yielding. Mr. Speaker, the bill before us today is yet another exercise that explains why the public has such a low opinion of Congress. We have considered…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · Nov 19, 2014

Mr. Chairman, I am not a member of the Science Committee, so I wasn't part of the deliberations, but when a bill is presented as being about transparency and openness and relying on science, I ask…

Show 11 more
David E. Price
Rep. David E. PriceD-NC-4 · Nov 18, 2014

Mr. Speaker, I thank my colleague for yielding. Mr. Speaker, I rise in support of the ATTIRE Act, which we will offer as an amendment to the rule if the previous question is defeated. The most…

Lois Capps
Rep. Lois CappsD-CA-24 · Sep 18, 2014

Mr. Speaker, I thank my colleague for yielding. Mr. Speaker, here we go again. H.R. 2 is yet another example of the majority's backward energy policy, which doubles-down on dirty fossil fuels instead…

Ed Whitfield
Rep. Ed WhitfieldR-KY-1 · Sep 18, 2014

Mr. Speaker, I am delighted that we have this bill on the floor today. I am going to confine my remarks to one piece of legislation, and that is the Electricity Security and Affordability Act. This…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Nov 19, 2014

Mr. Chairman, I thank the gentleman from Arizona for yielding me this time. H.R. 4012, the Secret Science Reform Act, is a short, commonsense bill. It requires the Environmental Protection Agency to…

Suzanne Bonamici
Rep. Suzanne BonamiciD-OR-1 · Nov 18, 2014

Mr. Speaker, I rise in opposition to the amendment. Mr. Speaker, I rise in opposition to the amendment offered by my good friend from Utah (Mr. Stewart). I want to state again that I have appreciated…

Chris Stewart
Rep. Chris StewartR-UT-2 · Nov 18, 2014

Mr. Speaker, I have an amendment at the desk. Mr. Speaker, this amendment makes a number of technical and conforming changes to address revisions to the existing statute that occurred with the…

Sean Patrick Maloney
Rep. Sean Patrick MaloneyD-NY-18 · Nov 18, 2014

Mr. Speaker, I have a motion to recommit at the desk. Yes, I am. Mr. Speaker, this is the final amendment to the bill. It will not kill it or send it back to committee. If it is adopted, it will move…

David Schweikert
Rep. David SchweikertR-AZ-6 · Nov 19, 2014

Mr. Speaker, I ask unanimous consent that all Members have 5 legislative days within which to revise and extend their remarks and include extraneous materials on H.R. 4012. Mr. Chairman, I yield such…

Bradley Scott Schneider
Rep. Bradley Scott SchneiderD-IL-10 · Sep 18, 2014

Mr. Speaker, I have a motion to recommit at the desk. I am opposed in its original form. Mr. Speaker, this is the final amendment to the bill which will not kill the bill or send it back to…

Fred Upton
Rep. Fred UptonR-MI-6 · Sep 18, 2014

Mr. Speaker, it is not often in life that you get a second chance, but, today, we are here to offer the Senate a second chance, a second chance to stand up and say ``yes''--``yes'' to these American…

Lee Terry
Rep. Lee TerryR-NE-2 · Sep 18, 2014

Mr. Speaker, Doc Hastings, I really appreciate your leadership on energy issues and natural resources issues. It has just been incredibly important to our Congress. I want to thank my colleagues for…

Bill Text

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Referred in SenateIssued November 19, 2014

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