[House Report 114-37]
[From the U.S. Government Publishing Office]


114th Congress   }                                          {    Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                          {   114-37

======================================================================

 
   PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1029) 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, AND 
  PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1030) TO PROHIBIT THE 
    ENVIRONMENTAL PROTECTION AGENCY FROM PROPOSING, FINALIZING, OR 
DISSEMINATING REGULATIONS OR ASSESSMENTS BASED UPON SCIENCE THAT IS NOT 
                      TRANSPARENT OR REPRODUCIBLE

                                _______
                                

   March 3, 2015.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

               Mr. Burgess, from the Committee on Rules, 
                        submitted the following

                              R E P O R T

                       [To accompany H. Res. 138]

    The Committee on Rules, having had under consideration 
House Resolution 138, by record vote of 7 to 4, report the same 
to the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for consideration of H.R. 1029, the 
EPA Science Advisory Board Reform Act of 2015, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Science, Space, and 
Technology. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 114-10 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in part A of 
this report. Each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in part A of this report. 
The rule provides one motion to recommit with or without 
instructions.
    Section 2 of the resolution provides for consideration of 
H.R. 1030, the Secret Science Reform Act of 2015, under a 
structured rule. The resolution provides one hour of general 
debate equally divided and controlled by the chair and ranking 
minority member of the Committee on Science, Space, and 
Technology. The resolution waives all points of order against 
consideration of the bill. The resolution makes in order as 
original text for the purpose of amendment an amendment in the 
nature of a substitute consisting of the text of Rules 
Committee Print 114-11 and provides that it shall be considered 
as read. The resolution waives all points of order against that 
amendment in the nature of a substitute. The resolution makes 
in order only those further amendments printed in part B of 
this report. Each such amendment may be offered only in the 
order printed in this report, may be offered only by a Member 
designated in this report, shall be considered as read, shall 
be debatable for the time specified in this report equally 
divided and controlled by the proponent and an opponent, shall 
not be subject to amendment, and shall not be subject to a 
demand for division of the question in the House or in the 
Committee of the Whole. The resolution waives all points of 
order against the amendments printed in part B of this report. 
The resolution provides one motion to recommit with or without 
instructions.

                         EXPLANATION OF WAIVERS

    The waiver of all points of order against consideration of 
H.R. 1029 includes waivers of the following:
    --Clause 3(e)(1) of rule XIII (Ramseyer), requiring a 
committee report accompanying a bill amending or repealing 
statutes to show, by typographical device, parts of statute 
affected.
    --Clause 3(c)(4) of rule XIII, requiring the inclusion of 
general performance goals and objectives in the committee 
report. It is important to note that while the report to 
accompany H.R. 1029 did include a statement reflecting the 
performance goals, the statement was incomplete.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 1029 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
amendments printed in part A of this report, the Committee is 
not aware of any points of order. The waiver is prophylactic in 
nature.
    The waiver of all points of order against consideration of 
H.R. 1030 includes waivers of the following:
    --Clause 3(e)(1) of rule XIII (Ramseyer), requiring a 
committee report accompanying a bill amending or repealing 
statutes to show, by typographical device, parts of statute 
affected.
    --Clause 3(c)(4) of rule XIII, requiring the inclusion of 
general performance goals and objectives in the committee 
report. It is important to note that while the report to 
accompany H.R. 1030 did include a statement reflecting the 
performance goals, the statement was incomplete.
    --Clause 3(d) of rule XIII, which requires the inclusion of 
a committee cost estimate.
    Although the resolution waives all points of order against 
the amendment in the nature of a substitute to H.R. 1030 made 
in order as original text, the Committee is not aware of any 
points of order. The waiver is prophylactic in nature.
    Although the resolution waives all points of order against 
amendments printed in part B of this report, the Committee is 
not aware of any points of order. The waiver is prophylactic in 
nature.
    The waivers of clause 3(e)(1) of rule XIII (known as the 
``Ramseyer'' rule) are provided for both measures because the 
submissions provided by the committee were insufficient to meet 
the standards established by the rule in its current form. The 
Committee on Rules continues to work with the House Office of 
Legislative Counsel and committees to determine the steps 
necessary to comply with the updated rule.

                            COMMITTEE VOTES

    The results of each record vote on an amendment or motion 
to report, together with the names of those voting for and 
against, are printed below:

Rules Committee record vote No. 31

    Motion by Mr. Cole to report the rule. Adopted: 7-4

----------------------------------------------------------------------------------------------------------------
                Majority Members                      Vote               Minority Members               Vote
----------------------------------------------------------------------------------------------------------------
Ms. Foxx........................................          Yea   Ms. Slaughter.....................          Nay
Mr. Cole........................................          Yea   Mr. McGovern......................          Nay
Mr. Woodall.....................................          Yea   Mr. Hastings of Florida...........          Nay
Mr. Burgess.....................................          Yea   Mr. Polis.........................          Nay
Mr. Stivers.....................................          Yea
Mr. Collins.....................................          Yea
Mr. Sessions, Chairman..........................          Yea
----------------------------------------------------------------------------------------------------------------

     SUMMARY OF THE AMENDMENTS TO H.R. 1029 IN PART A MADE IN ORDER

    1. Grayson (FL): Prohibits 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. (10 minutes)
    2. McKinley (WV): Prohibits an individual from sitting on 
the Board if they are currently receiving EPA contracts or 
grants; and then would prohibit them from being allowed to 
apply for, 3 years after serving as a Board member, for any EPA 
contracts or grants. (10 minutes)
    3. Polis (CO): Requires the Administrator of the 
Environmental Protection Agency to solicit nominations for 
Advisory Board membership from (1) Institutions of Higher 
Education and (2) research institutions based in work relevant 
to that of the Board. (10 minutes)
    4. Bonamici (OR): SUBSTITUTE Improves the selection of 
members for EPA's Science Advisory Board by increasing 
transparency and ensuring balance among board participants; 
Promotes public participation in the Board's review process. 
(20 minutes)

     SUMMARY OF THE AMENDMENTS TO H.R. 1030 IN PART B MADE IN ORDER

    1. Edwards (MD): Authorizes $250 million for each of fiscal 
years 2016 through 2019. (10 minutes)
    2. Kennedy (MA), McGovern (MA), Clark, Katherine (MA): 
Allows the EPA to use all peer-reviewed scientific 
publications. (10 minutes)

         PART A--TEXT OF AMENDMENTS TO H.R. 1029 MADE IN ORDER

 1. An Amendment To Be Offered by Representative Grayson of Florida or 
                 His Designee, Debatable for 10 Minutes

  Page 2, line 22, insert ``, or for which the Board has 
evidence that it may involve,'' after ``involving''.
                              ----------                              


   2. An Amendment To Be Offered by Representative McKinley of West 
           Virginia or His Designee, Debatable for 10 Minutes

  Page 3, line 7, strike ``and'' at the end of subparagraph 
(F).
  Page 3, line 9, strike the period and insert ``; and''.
  Page 3, after line 9, insert the following new subparagraph:
                  ``(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. An Amendment To Be Offered by Representative Polis of Colorado or 
                 His Designee, Debatable for 10 Minutes

  Page 3, line 17, through page 4, line 5, redesignate 
subparagraphs (C) through (E) as subparagraphs (D) through (F), 
respectively.
  Page 3, after line 16, insert the following new subparagraph:
          ``(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;
  Page 4, line 9, strike ``paragraph (3)(D)'' and insert 
``paragraph (3)(E)''.
                              ----------                              


 4. An Amendment To Be Offered by Representative Bonamici of Oregon or 
                 Her Designee, Debatable for 20 Minutes

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``EPA Science Advisory Board 
Improvement Act of 2015''.

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:
  ``(b)(1) The Board, as established in subsection (a), shall 
be composed of at least 9 members, 1 of whom shall be 
designated Chair, and shall meet at such times and places as 
may be designated by the Chair of the Board, in consultation 
with the Administrator.
  ``(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 Board is fairly balanced in its membership 
        in terms of the points of view represented and the 
        functions to be performed;
          ``(B) no Board member shall participate in an 
        advisory activity of the Board involving a particular 
        matter or specific party which the Board member has a 
        direct or predictable financial interest;
          ``(C) no Board member is a registered lobbyist, or 
        has served as a registered lobbyist within a 4-year 
        period prior to nomination to the Board; and
          ``(D) Board members shall be designated as special 
        Government employees.
  ``(3) The Administrator shall--
          ``(A) solicit public nominations for the Board by 
        publishing a notification in the Federal Register;
          ``(B) make public the list of nominees, including--
                  ``(i) the identity of the entities that 
                nominated each nominee; and
                  ``(ii) the professional credentials of each 
                nominee, including relevant expertise and 
                experience, as well as the sources of research 
                funding and professional activities such as 
                representational work, expert testimony, and 
                contract work dating back 2 years;
          ``(C) solicit public comment on the nominees;
          ``(D) develop, and make publically available, a 
        formal memorandum describing each advisory activity to 
        be undertaken by the Board which shall include--
                  ``(i) the charge to the Board, including an 
                explanation of the scope of issues to be 
                addressed by the Board and the formal statement 
                of questions posed to the Board;
                  ``(ii) the ethics rules, if applicable, that 
                would apply to Board members; and
                  ``(iii) other information relied on to 
                support the selection of panel members; and
          ``(E) require that, upon their provisional 
        nomination, nominees shall be required to complete a 
        written form disclosing information related to 
        financial relationships and interests that may, or 
        could be predicted to, be relevant to the Board's 
        advisory activities, and relevant professional 
        activities and public statements, for the 2-year period 
        prior to the date of their nomination, in a manner 
        sufficient for the Administrator to assess the 
        independence and points of view of the candidates.''.
  (b) Public Participation and Transparency.--Section 8(h) of 
such Act (42 U.S.C. 4365(h)) is amended to read as follows:
  ``(h)(1) 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 publicly available in electronic form on the 
website of the Environmental Protection Agency.
  ``(2) The Administrator and the Board shall encourage and 
solicit public comments on the advisory activities of Board, 
including written and oral comments, especially comments that 
provide specific scientific or technical information or 
analysis for the Board to consider, or comments related to the 
clarity or accuracy of the recommendations being considered by 
the Board.
  ``(3) The Administrator shall specify the areas of expertise 
being sought and make every effort to solicit candidate 
recommendations from the public, and solicit public comments on 
candidates selected.''.
  (c) Operations.--Section 8 of such Act (42 U.S.C. 4365) is 
further amended by adding at the end the following new 
subsection:
  ``(j)(1) In carrying out its advisory activities, the Board 
shall strive to avoid making policy determinations or 
recommendations, and, in the event the Board determines that it 
would be appropriate or useful to offer policy advice, shall 
explicitly distinguish between scientific determinations and 
policy advice.
  ``(2) While recognizing that consensus recommendations and 
conclusions are the most useful to the Administrator and 
Congress, the Board shall ensure the views of all Board 
members, including dissenting views, are adequately 
incorporated into reports and recommendations from the 
Board.''.

SEC. 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.).

SEC. 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.).
                              ----------                              


         PART B--TEXT OF AMENDMENTS TO H.R. 1030 MADE IN ORDER

1. An Amendment To Be Offered by Representative Edwards of Maryland or 
                 Her Designee, Debatable for 10 Minutes

  Page 2, lines 21 through 24, amend paragraph (4) to read as 
follows:
  ``(4) There are authorized to be appropriated to the 
Administrator to carry out this subsection $250,000,000 for 
each of fiscal years 2016 through 2019.''.
                              ----------                              


      2. An Amendment To Be Offered by Representative Kennedy of 
        Massachusetts or His Designee, Debatable for 10 Minutes

  At the end of the bill, add the following:

SEC. 3. ENSURING THE USE OF THE BEST SCIENCE.

  Nothing in this Act shall prevent the Administrator of the 
Environmental Protection Agency from considering or relying 
upon any peer-reviewed scientific publication even if such 
publication is based on data that is prohibited from public 
disclosure.

                                  [all]