H.R. 1431House115th Congress (2017-2019)Passed House

EPA Science Advisory Board Reform Act of 2017

Introduced March 8, 2017

AI-Generated Summary

Updated April 15, 2026 at 1:33 PM UTC

The EPA Science Advisory Board Reform Act of 2017 changes the way the EPA’s Science Advisory Board (SAB) is staffed and operates. It adds requirements for member qualifications, conflict‑of‑interest disclosures, term limits, and a larger, more balanced membership that includes state, local, and tribal representatives. The bill also expands public participation and transparency in the board’s advice to the EPA.

Key Provisions

  • The SAB must give "independent" scientific advice and be made up of at least nine members, with at least 10% coming from state, local, or tribal governments.
  • Members must have appropriate education, training, and experience, and the Administrator must ensure a balanced mix of scientific viewpoints.
  • No current EPA grant recipients, lobbyists, or individuals with undisclosed conflicts may serve; members must disclose financial ties and professional activities for the past three‑to‑five years, and these disclosures are made public.
  • Board terms are three years, staggered so only a third expire each year, and members may serve no more than two terms in ten years.
  • The nomination process is opened to the public and to federal agencies, with public comment on nominees and publication of nominee information.
  • All advisory records, including dissenting views, must be posted in the Federal Register, and any conflict‑of‑interest waivers or recusal agreements are publicly disclosed.
  • The board must hold public information‑gathering sessions before major advisory activities, accept and respond to public comments, and publish those comments with the advisory record.
  • The SAB is directed to avoid making policy recommendations, clearly separate scientific findings from policy advice, and communicate uncertainties in its advice.

Legislative Activity

Stay on top of the latest movement without scrolling through every action

19 earlier actions
SenateIntro Referral Latest Action

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

March 30, 2017

View full timeline
HouseIntro Referral

Introduced in House

March 8, 2017

HouseIntro Referral

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

March 8, 2017

HouseCommittee

Committee Consideration and Mark-up Session Held.

March 9, 2017

HouseCommittee

Ordered to be Reported by the Yeas and Nays: 19 - 14.

March 9, 2017

HouseCommittee

Reported by the Committee on Science, Space, and Technology. H. Rept. 115-63.

March 27, 2017

HouseCalendars

Placed on the Union Calendar, Calendar No. 35.

March 27, 2017

HouseFloor

Rules Committee Resolution H. Res. 233 Reported to House. Rule provides for consideration of H.R. 1431 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.

March 28, 2017 • 6:04 PM

HouseFloor

Rule H. Res. 233 passed House.

March 29, 2017 • 1:44 PM

HouseFloor

Considered under the provisions of rule H. Res. 233. (consideration: CR H2564-2576)

March 30, 2017 • 9:13 AM

HouseFloor

Rule provides for consideration of H.R. 1431 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit. Measure will be considered read. Bill is closed to amendments.

March 30, 2017 • 9:14 AM

HouseFloor

DEBATE - The House proceeded with one hour of debate on H.R. 1431.

March 30, 2017 • 9:14 AM

HouseFloor

The previous question was ordered pursuant to the rule.

March 30, 2017 • 9:54 AM

HouseFloor

Mr. Foster moved to recommit with instructions to the Committee on Science, Space, and Technology. (text: CR H2573-2574)

March 30, 2017 • 9:55 AM

HouseFloor

Floor summary: DEBATE - The House proceeded with 10 minutes of debate on the Foster motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House forthwith with an amendment to prohibit members of the Science Advisory Board from being employed by any corporate entity that has an interest before the Board during that members service, and for three years following that members service.

March 30, 2017 • 9:55 AM

HouseFloor

The previous question on the motion to recommit with instructions was ordered without objection.

March 30, 2017 • 10:03 AM

HouseFloor

On motion to recommit with instructions Failed by the Yeas and Nays: 189 - 233 (Roll no. 207).

March 30, 2017 • 10:30 AM

HouseFloor

Passed/agreed to in House: On passage Passed by recorded vote: 229 - 193 (Roll no. 208).(text of measure as reported: CR H2564-2565)

March 30, 2017 • 10:41 AM

HouseFloor

On passage Passed by recorded vote: 229 - 193 (Roll no. 208). (text of measure as reported: CR H2564-2565)

March 30, 2017 • 10:41 AM

HouseFloor

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

March 30, 2017 • 10:41 AM

SenateIntro Referral

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

March 30, 2017

Floor Debate

20 members

What members said about H.R. 1431 on the floor

9 Republicans11 Democrats
Frank D. Lucas
Rep. Frank D. LucasR-OK-3 · Mar 30, 2017

Madam Speaker, pursuant to House Resolution 233, I call up the bill (H.R. 1431) to amend the Environmental Research, Development, and Demonstration Authorization Act of 1978 to provide for Scientific…

James P. McGovern
Rep. James P. McGovernD-MA-2 · Mar 29, 2017

Mr. Speaker, I yield myself such time as I may consume. (Mr. McGOVERN asked and was given permission to revise and extend his remarks.) I thank the gentleman from Washington (Mr. Newhouse), my good…

Dan Newhouse
Rep. Dan NewhouseR-WA-4 · Mar 29, 2017

Mr. Speaker, by direction of the Committee on Rules, I call up House Resolution 233 and ask for its immediate consideration. Mr. Speaker, for the purpose of debate only, I yield the customary 30…

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Mar 30, 2017

Madam Speaker, I yield myself such time as I may consume. I rise in opposition to H.R. 1431, the EPA Science Advisory Board Reform Act of 2017. Like the bill we considered yesterday, the so- called…

Bill Foster
Rep. Bill FosterD-IL-11 · Mar 30, 2017

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

Show 8 more
Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Mar 29, 2017

Mr. Speaker, I thank my distinguished friend from Massachusetts, and I also thank his able staff for the incredible work they are doing. Mr. Speaker, I want to talk about the bill before us, the EPA…

David Schweikert
Rep. David SchweikertR-AZ-6 · Mar 30, 2017

Mr. Speaker, have you ever had that deja vu all over again? Haven't we been doing this one since, what, 2013, 2014? I accept I have been off the committee now for 4 years; yet we are talking past…

Niki Tsongas
Rep. Niki TsongasD-MA-3 · Mar 30, 2017

Mr. Speaker, since President Trump took office, I have heard from hundreds of my constituents who are concerned about attacks by this new administration on the Environmental Protection Agency and the…

Donald S. Beyer, Jr.
Rep. Donald S. Beyer, Jr.D-VA-8 · Mar 30, 2017

Madam Speaker, I rise today in strong opposition to H.R. 1431, the EPA Science Advisory Board Reform Act. Madam Speaker, H.R. 1431 is a blatant attempt to cripple the important mission of the EPA by…

Randy K. Weber, Sr.
Rep. Randy K. Weber, Sr.R-TX-14 · Mar 29, 2017

Mr. Speaker, I do rise today in support of H.R. 1430, and I appreciate the primer that we were just given from the other side on what an emergency is. I would remind my good friend on the other side…

Janice D. Schakowsky
Rep. Janice D. SchakowskyD-IL-9 · Mar 30, 2017

Mr. Speaker, less science, more pollution--that is, unbelievably, the Republican plan. I want to just refer to what my colleague said. This is not long-ball time. This is emergency time where we have…

Clay Higgins
Rep. Clay HigginsR-LA-3 · Mar 30, 2017

Mr. Speaker, I rise today in support of H.R. 1431, the EPA Science Advisory Board Reform Act, of which I am an original cosponsor. This bill intends not to deny science, but to deny manipulated…

Lamar Smith
Rep. Lamar SmithR-TX-21 · Mar 30, 2017

Madam Speaker, I would like to thank the gentleman from Oklahoma, Mr. Lucas, the vice chairman of the Science, Space, and Technology Committee for yielding to me, and I would also like to thank him…

Show 9 more
Collin C. Peterson
Rep. Collin C. PetersonD-MN-7 · Mar 30, 2017

Mr. Speaker, I am proud to be an original co-sponsor of H.R. 1431, the EPA Science Advisory Board Reform Act of 2017 and urge my colleagues to vote in support. The Science Advisory Board's work is…

Sean P. Duffy
Rep. Sean P. DuffyR-WI-7 · Mar 29, 2017

Madam Speaker, on March 29, 2017, on rollcall No. 203 on ordering the previous question, I am not recorded. Had I been present, I would have voted ``aye.'' On rollcall No. 204 on agreeing to the…

Ken Calvert
Rep. Ken CalvertR-CA-42 · Mar 30, 2017

Mr. Speaker, on rollcall votes 207 and 208 I was unable to vote due to obligations in my congressional district. Had I been present, I would have voted ``no'' on rollcall 207, the Motion to Recommit,…

Pete Sessions
Rep. Pete SessionsR-TX-32 · Mar 30, 2017

Mr. Speaker, yesterday, the Rules Committee issued announcements outlining the amendment processes for two measures likely to come before the Rules Committee next week. An amendment deadline has been…

Sean P. Duffy
Rep. Sean P. DuffyR-WI-7 · Mar 30, 2017

Mr. Speaker, on March 30, 2017, on rollcall No. 207 on motion to recommit with instructions, I am not recorded. Had I been present, I would have voted ``nay.'' On rollcall No. 208 on final passage of…

Louise McIntosh Slaughter
Rep. Louise McIntosh SlaughterD-NY-25 · Mar 30, 2017

Mr. Speaker, I was unavoidably detained and missed rollcall vote Nos. 203, 204, 205, 206, 207, and 208. Had I been present, I would have voted ``aye'' on votes 205 and 207. I would have voted ``nay''…

Keith Ellison
Rep. Keith EllisonD-MN-5 · Mar 29, 2017

Mr. Speaker, during rollcall Vote No. 204 on H. Res. 233, the rule for H.R. 1431, I mistakenly recorded my vote as ``yea'' when I should have voted ``nay.''

Gwen Moore
Rep. Gwen MooreD-WI-4 · Mar 29, 2017

Mr. Speaker, I was unavoidably detained. Had I been present, I would have voted ``yea'' on rollcall No. 205.

Eddie Bernice Johnson
Rep. Eddie Bernice JohnsonD-TX-30 · Mar 29, 2017

Mr. Speaker, I demand a recorded vote.

Bill Text

4 versions available

Reading Mode
Latest
Engrossed in HouseIssued March 30, 2017

115th CONGRESS

1st Session

H. R. 1431

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 2017.

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, or for which the Board has evidence that it may involve, 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;

(G)

no registered lobbyist is appointed to the Board; and

(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)

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)

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;

(D)

make public the list of nominees, including the identity of the entities that nominated each, and shall accept public comment on the nominees;

(E)

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

(F)

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)(E) 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, and shall be published in the Federal Register grouped by common themes. If multiple repetitious comments are received, only one such comment shall be published along with the number of such repetitious comments received. Any report made public by the Board shall include written responses to significant comments, including those that present an alternative hypothesis-based scientific point of view, 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 March 30, 2017.

Clerk.