HR 6564 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

2d SessionCommentsClose CommentsPermalink

H. R. 6564CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 28, 2012CommentsClose CommentsPermalink

Mr. HALL (for himself, Mr. ROHRABACHER, Mr. HARRIS, and Mr. BENISHEK) introduced the following bill; which was referred to the Committee on Science, Space, and TechnologyCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘EPA Science Advisory Board Reform Act of 2012’.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink





‘(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 in consultation with the Administrator.CommentsClose CommentsPermalink





‘(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 select Board members from nominations received as described in paragraph (3) and shall ensure that--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(B) at least ten percent of the membership of the Board are representatives of State, local, or tribal governments;CommentsClose CommentsPermalink





‘(C) not more than ten percent of the membership of the Board are current recipients of Environmental Protection Agency grants, contracts, cooperative agreements, or other financial assistance;CommentsClose CommentsPermalink





‘(D) 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;CommentsClose CommentsPermalink





‘(E) in the case of a Board advisory activity that may affect a single entity, no Board member representing such entity shall participate in that activity; andCommentsClose CommentsPermalink





‘(F) Board members may not participate in advisory activities that directly or indirectly involve review and evaluation of their own work.CommentsClose CommentsPermalink





‘(3) The Administrator shall--CommentsClose CommentsPermalink





‘(A) solicit public nominations for the Board by publishing a notification in the Federal Register;CommentsClose CommentsPermalink





‘(B) solicit nominations from relevant Federal agencies, including the Departments of Agriculture, Defense, Energy, and Health and Human Services;CommentsClose CommentsPermalink





‘(C) make public the list of nominees, including the identity of the entities that nominated them, and shall accept public comment on the nominees;CommentsClose CommentsPermalink





‘(D) require that, upon nomination, nominees shall file a written report disclosing financial relationships and professional activities, including Environmental Protection Agency grants, contracts, cooperative agreements, or other financial assistance, that are relevant to the Board’s advisory activities for the five-year period prior to the date of their nomination; andCommentsClose CommentsPermalink





‘(E) make such reports public, with the exception of specific dollar amounts, for each member of the Board upon such member’s selection.CommentsClose CommentsPermalink





‘(4) 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.’.CommentsClose CommentsPermalink





(b) Record- Section 8(c) of such Act (42 U.S.C. 4365(c)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by inserting ‘risk or hazard assessment,’ after ‘at the time any proposed’; andCommentsClose CommentsPermalink





(2) in paragraph (2), 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.’.CommentsClose CommentsPermalink





(c) Member Committees and Investigative Panels- Section 8(e) of such Act (42 U.S.C. 4365(e)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘These member committees and investigative panels--CommentsClose CommentsPermalink





‘(1) 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);CommentsClose CommentsPermalink





‘(2) do not have authority to make decisions on behalf of the Board; andCommentsClose CommentsPermalink





‘(3) may not report directly to the Environmental Protection Agency.’.CommentsClose CommentsPermalink





(d) Public Participation- Section 8 of such Act (42 U.S.C. 4365) is amended by adding after subsection (g) the following:CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 shall respond in writing to substantive comments offered by members of the public.CommentsClose CommentsPermalink





‘(5) Following Board meetings, the public shall be given 15 calendar days to provide additional comments for consideration by the Board.’.CommentsClose CommentsPermalink





(e) Operations- Section 8 of such Act (42 U.S.C. 4365) is further amended by adding after subsection (h), as added by subsection (d) of this section, the following:CommentsClose CommentsPermalink





‘(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 advice and policy advice.CommentsClose CommentsPermalink





‘(2) The Board shall clearly communicate uncertainties associated with the scientific advice provided to the Administrator.CommentsClose CommentsPermalink





‘(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 and the Administrator.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink