H. Rept. 115-63 - EPA SCIENCE ADVISORY BOARD REFORM ACT OF 2017115th Congress (2017-2018)
Committee Report
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115th Congress } { Report
HOUSE OF REPRESENTATIVES
1st Session } { 115-63
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EPA SCIENCE ADVISORY BOARD REFORM ACT OF 2017
_______
March 27, 2017.--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
[To accompany H.R. 1431]
[Including cost estimate of the Congressional Budget Office]
The Committee on Science, Space, and Technology, to whom
was referred the bill (H.R. 1431) 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 without
amendment and recommend that the bill do pass.
CONTENTS
Page
Committee Statement and Views.................................... 2
Section-by-Section............................................... 6
Explanation of Amendments........................................ 8
Committee Consideration.......................................... 8
Roll Call Votes.................................................. 8
Application of Law to the Legislative Branch..................... 10
Statement of Oversight Findings and Recommendations of the
Committee...................................................... 10
Statement of General Performance Goals and Objectives............ 10
Duplication of Federal Programs.................................. 10
Disclosure of Directed Rule Makings.............................. 10
Federal Advisory Committee Act................................... 10
Unfunded Mandate Statement....................................... 10
Earmark Identification........................................... 10
Committee Estimate............................................... 11
Budget Authority and Congressional Budget Office Cost Estimate... 11
Changes in Existing Law Made by the Bill as Reported............. 12
Committee Statement and Views
PURPOSE AND SUMMARY
The purpose of H.R. 1431 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 at the request of the EPA Administrator and
interested Congressional Committees.
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\1\Environmental Research, Development, and Demonstration
Authorization Act of 1978, Pub. L. No. 95-155, 91 Stat. 1257 (1977).
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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. The EPA
Administrator appoints members 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\
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\2\See EPA Science Advisory Board (SAB), Current and Complete
Activities by Topic, EPA (Mar. 7, 2017), 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 (Mar. 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 operates 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\
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\4\About the Science Advisory Board (SAB), EPA (Dec. 7, 2016),
https://www.epa.gov/aboutepa/about-science-advisory-board-sab-and-sab-
staff-office.
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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; Radiation Advisory Committee; Chemical
Assessment Advisory Committee; and the Agricultural Science
Committee.\5\ According to 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.''
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\5\Committees and Membership, EPA Science Advisory Board (Oct. 27,
2016), http://yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/
CommitteesandMembership?OpenDocument.
\6\Charter, EPA Science Advisory Board, (Nov. 9, 2015), http://
yosemite.epa.gov/sab/sabproduct.nsf/WebBOARD/
currentcharter?OpenDocument.
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EPA also receives advice from and manages twenty-two
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.''\8\ The
Chair of CASAC also sits on the chartered SAB.\9\
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\7\All Federal Advisory Committees at EPA, EPA (Feb, 24, 2017),
https://www.epa.gov/faca/all-federal-advisory-committees-epa.
\8\Id.
\9\EPA Clean Air Scientific Advisory Committee (CASAC), EPA (Jan.
21, 2016), http://yosemite.epa.gov/sab/sabpeople.nsf/WebCommittees/
CASAC.
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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.\10\
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\10\Public Involvement in Advisory Activities, EPA Science Advisory
Board Staff (Aug. 31, 2015), http://yosemite.epa.gov/sab/
sabproduct.nsf/WebSABSO/PublicInvolvement?OpenDocument.
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LEGISLATIVE AND POLICY HISTORY
In the 113th Congress, the Subcommittee on Environment held
a hearing on March 20, 2013, to examine the EPA's process for
receiving independent scientific advice.\11\ The Subcommittee
heard 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.\12\
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\11\Hearing on Improving EPA's Scientific Advisory Processes,
Before the Subcomm. on Environment of the H. Comm. on Science, Space,
and Technology, 113th Cong. 115 (2013).
\12\See Id.
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The Subcommittee heard from three 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.\13\
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\13\Id.
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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.\14\
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\14\H.R. 1422 EPA Science Advisory Board Reform Act of 2014,
Congress, https://www.congress.gov/bill/113th-congress/house-bill/1422.
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In the 114th Congress, H.R. 1029 the Science Advisory Board
Reform Act of 2015, was introduced by Rep. Frank Lucas on
February 24, 2015. On February 26, 2015, the House Science
Space and Technology Committee met in open session and ordered
reported favorably the bill, H.R. 1029, as amended, by recorded
vote.
On March 17, 2015, H.R. 1029 was brought to the floor and
passed by a vote of 236-181. Three amendments passed: an
amendment offered by Representative Jared Polis, requiring the
Administrator of EPA to solicit nominations for Advisory Board
membership from institutions of Higher Education and research
institutions based in work relevant to that of the Board, was
agreed to by voice vote; an amendment offered by Representative
David McKinley, prohibiting individuals from sitting on the
Board if they are currently receiving EPA contracts or grants
and would conditionally prohibit them from being allowed to
apply for any EPA contracts or grants. Was agreed to by a
recorded vote of 242-175; and an amendment offered by
Representative Alan Grayson, prohibiting 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, was agreed
to by voice vote.
In the 115th Congress, Rep. Frank Lucas introduced H.R.
1431 the Science Advisory Board Reform Act of 2017 on March 9,
2017. On March 9, 2017 the House Science Space and Technology
Committee met in open session and ordered reported favorably
the bill, H.R. 1431, as amended, by recorded vote, a quorum
being present.
COMMITTEE VIEWS
H.R. 1431 will restore balance and independence to the
scientific advisory process at EPA. H.R. 1431 provides needed
direction to SAB and underscores President Ronald Reagan's
instruction 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.''\15\ The bill seeks to codify
existing practices and address concerns with the SAB by
strengthening public participation, reinforcing the need for
expertise, transparency, and balance in the SAB selection
process. Additionally, the bill aims to establish a clearer
role for the SAB in providing scientific advice to EPA and the
Congress, and to be fully, timely, and independently responsive
to Congress.
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\15\Message to the Senate Returning Without Approval an
Environmental Research, Development, and Demonstration Bill, Pub.
Papers (Oct. 22, 1982).
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In light of EPA's unique position as an agency that
frequently provides scientific justifications in support of 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 members. Not
only are members selected by the EPA Administrator, but they
often provide analysis on critical scientific matters and
information on topics ranging from chemical assessments to
EPA's research budget prioritization. If EPA science appears
biased, pre-dispositioned toward a specific outcome, or less
willing to consider differing perspectives, its credibility
will suffer. This 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 certain perspectives are overrepresented within the SAB,
while other viewpoints are frequently underrepresented or
excluded, due to a 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 ensure
accountability, H.R. 1431 requires that all SAB members be
designated as ``special Government employees'' and prohibits
the exclusion of individuals with substantial and relevant
expertise. Additionally, it requires that at least ten percent
of the Board be drawn from state, local, and tribal experts. It
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.
Previous testimony received by the Committee demonstrated
that at times Board members had been involved in reviewing
their own work. H.R. 1431 prohibits this practice, stating,
``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 EPA's Peer Review
Handbook language, which states: ``peer reviewer should not be
associated with the generation of the specific work product,
either directly by substantial contribution to its development
or indirectly by significant consultation during the
development of the product.''\16\ Additionally, the legislation
requires public disclosure of Board member recusals.
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\16\U.S. Environmental Protection Agency Peer Review Handbook, EPA
(4th ed. 2015), available at https://www.epa.gov/sites/production/
files/2016-03/documents/epa_peer_review_
handbook_4th_edition.pdf.
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H.R. 1431 also amends ERDDAA to facilitate participation in
a manner that will improve scientific advice without unduly
burdening the panel or EPA. This bill encourages public
comments and instructs the Board not to unreasonably 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 versus policy
advice, communicates uncertainties, and offers opportunities
for publication of dissenting views. As such, this bill
requires all public reports issued by the Board to include
written responses to alternative views. The Board's responses
to alternative views should be substantive in nature,
especially if the views submitted before the Board contain
significant scientific material and methodology underlying its
claims.
Furthermore, all comments submitted to the Board shall be
published in the Federal Register. Multiple versions of non-
substantive comments (such as short comments generated by a
third-party post-card, email, and/or write-in campaign), which
contain no significant scientific material, should only be
published once. These comments should be grouped by themes, and
the total number of such comments shall be noted in the Federal
Register.
The following entities and individuals provided Letters of
Support for H.R. 1431 received by the Committee in the 115th
Congress.
Farm Bureau
Portland Cement Association
National Stone, Sand and Gravel Association
Small Business and Entrepreneurship Council
National Association of Home Builders
Dr. Pat Michaels (CATO)
Professor Will Happer (Princeton and National Academy of
Sciences)
American Exploration and Production Council (AXPC)
Independent Petroleum Association of America (IPAA)
US Chamber of Commerce
E&E; Action, Independence Institute, and Western Energy
Alliance
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 2017.''
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 Advisory Board.
b. Provide membership requirements of the Advisory 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 (or where
there is evidence that an action will involve a
specific party in which the member has 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;
No federally registered lobbyist is
appointed to the Board;
Board members may not have current grants or
contracts from EPA and shall not apply for a grant or
contract for 3 years following the end of that member's
service on the Board.
(3) A public nomination and selection process. The
Administrator shall:
Solicit nominations from the public and
relevant Federal Agencies, as well as from institutions
of higher education and scientific and research
institutions based in work relevant to that of the
Board;
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 are made 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.
Public comments shall be published in the
Federal Register and are to be grouped by common theme. In the
case of repetitious comments, only one such comment shall be
published with no reprinting of repetitious comments. The
number of these repetitious comments shall also be published.
The Board, in any public report it issues, will include written
responses to public comments of a significant nature.
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 and be fully
responsive to Congress.
Section 3. Relation to the Federal Advisory Committee Act
This section clarifies that this Act does not supplant 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
No amendments were offered.
Committee Consideration
On March 9, 2017, the Committee met in open session and
ordered reported favorably the bill, H.R. 1431, as amended, by
recorded vote, a quorum being present.
Roll Call Votes
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
H.R. 1431 will restore balance and independence to the
scientific advisory process at EPA.
Duplication of Federal Programs
No provision of H.R. 1431 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. 1431 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 bill 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. 1431 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. 1431. 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. 1431 from the Director of
the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, March 27, 2017.
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. 1431, the EPA
Science Advisory Board Reform Act of 2017.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jon Sperl.
Sincerely,
Keith Hall.
Enclosure.
H.R. 143--EPA Science Advisory Board Reform Act of 2017
H.R. 1431 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 the EPA on technical matters related to
science. About $4 million was allocated for SAB activities in
2016. Some of the bill's proposed changes include requiring the
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 would
be required to file a written report disclosing certain
financial relationships and interests. Additionally, the bill
would require the 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 the cost of similar types of activities, CBO
estimates that implementing the bill would cost less than
$500,000 annually for personnel and administrative expenses.
Such spending would be subject to the availability of
appropriated funds.
Enacting H.R. 1431 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply. CBO
estimates that enacting the legislation would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
H.R. 1431 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 Jon Sperl. The
estimate was approved by H. Samuel Papenfuss, 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 italic, and 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, 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)(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, 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.
(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.
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