State Standing Committee of the Environmental Protection Agency

The Environmental Research, Development, and Demonstration Authorization Act of 1978 is amended— (1)by inserting after section 8 (42 U.S.C. 4365) the following new section:

8A.

State Standing Committee

(a)

In general

There is established in the Environmental Protection Agency the State Standing Committee (in this section referred to as the Committee). (b)

Membership

(1)

In general

The Committee shall be composed of one member from each State, Federal district, Federal territory, or Federally recognized Tribe (as such term is defined in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4103)). (2)

Qualifications

Each member of the Committee shall satisfy the following requirements: (A)Reside in the State, Federal district, or Federal territory, or be a member of the Federally recognized Tribe, such member represents under paragraph (1). (B)Be an employee of a government agency that satisfies the following requirements: (i)Is of such State, Federal district, Federal territory, or Federally recognized Tribe, as the case may be. (ii)Is an environmental agency, natural resource agency, agricultural agency, or other agency responsible for regulatory compliance with environmental standards. (C)Be qualified by education, training, or experience to evaluate scientific or technical information relevant to such State, Federal district, Federal territory, or Federally recognized Tribe, as the case may be. (3)

Prohibitions

A member of the Committee may not be any of the following: (A)A member or employee of the Science Advisory Board established under section 8 (in this section referred to as the Board). (B)Except as provided in paragraph (2)(B), an employee of the Federal Government. (c)

Appointment

(1)

In general

The Administrator of the Environmental Protection Agency (in this section referred to as the Administrator) and the Board shall appoint through an open, competitive, and merit-based process the members of the Committee, who shall serve without pay and on a voluntary, ad hoc basis. (2)

Vacancies

If a vacancy exists on the Committee, not later than 90 days after the date on which such vacancy began, the Administrator and the Board shall fill such vacancy in the manner in which the original appointment was made. (d)

Advice

(1)

Committee

The Committee may provide to the Administrator and the Board scientific or technical advice, including majority and minority views, as applicable, on matters specified in subsection (h), regardless of the following: (A)Whether such matters are referred to the Committee by the Administrator or the Board. (B)Whether the Committee reaches a majority consensus with respect to such advice. (2)

Member

(A)

In general

Notwithstanding paragraph (1), a member of the Committee may provide to the Administrator and the Board scientific or technical advice on matters specified in subsection (h) if such advice concerns, to the extent practicable, the State, Federal district, Federal territory, or Federally recognized Tribe such member represents under subsection (b)(1). (B)

Prohibitions

Neither the Committee nor a member of the Committee may prohibit advice from being provided pursuant to subparagraph (A). (e)

Working groups

The Committee may establish working groups with respect to matters specified in subsection (h) that concern one or more States, Federal districts, Federal territories, or Federally recognized Tribes. (f)

Publication

Not later than 30 days after advice is provided pursuant to paragraph (1) or (2)(A) of subsection (d), the Administrator shall make publicly available on a website of the Environmental Protection Agency such advice. (g)

Federal Advisory Committee Act

Chapter 10 of title 5, United States Code, (commonly referred to as the Federal Advisory Committee Act) does not apply to the Committee. (h)

Matters specified

The matters specified in this subsection are matters under any of the following: (1)The Clean Air Act (42 U.S.C. 7401 et seq.). (2)The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.). (3)The Resource Conservation and Recovery Act of 1976. (4)The Noise Control Act of 1972 (42 U.S.C. 4901 et seq.). (5)The Toxic Substances Control Act (15 U.S.C. 2601 et seq.). (6)The Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.). (7)The Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.). (8)The Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.). (9)The Safe Drinking Water Act (42 U.S.C. 300f et seq.). (10)Subsection (e)(2)(C) of section 8. (11)Any other authority of the Administrator.

; and

(2)in section 8 (relating to the Science Advisory Board)— (A)in subsection (a), by striking the Administrator, and all that follows through the period and inserting the Administrator or an appropriate committee of Congress.; (B)in subsection (c)(1) (relating to matters before the Board)— (i)by striking the comma after Resource; (ii)by inserting of 1972 after Noise Control Act; and (iii)by inserting the Federal Insecticide, Fungicide, and Rodenticide Act, the Comprehensive Environmental Response, Compensation, and Liability Act, the Pollution Prevention Act of 1990, after Substances Control Act,; (C)by amending subsection (i) to read as follows:

(i)

Report to Congress

Not later than one year after the date of the enactment of this sentence and annually thereafter, the Administrator shall submit to each appropriate committee of Congress a report regarding the membership and activities of, and the advice and comments provided by, the following for the annual period covered by such report: (1)The Board, including each committee and investigative panel established under subsection (e). (2)The State Standing Committee under section 8A.

; and

(D)by adding at the end the following new subsection:

(j)

Appropriate committee of Congress defined

In this section, the term appropriate committee of Congress means any of the following: (1)The Committee on Science, Space, and Technology of the House of Representatives. (2)The Committee on Environment and Public Works of the Senate.