THE DAILY WHIP: TUESDAY, MARCH 17, 2015

H.Res. 138 – Rule providing for consideration of both H.R. 1029 – EPA Science Advisory Board Reform Act of 2015 (Rep. Lucas – Science, Space, and Technology) and H.R. 1030 – Secret Science Reform Act of 2015 (Rep. Smith (TX) – Science, Space, and Technology) (One Hour of Debate). The Rules Committee has recommended a Rule that provides for consideration of 2 bills.

For H.R. 1029, the Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Science, Space, and Technology. The Rule allows for 3 amendments, each debatable for 10 minutes, equally controlled by the proponent and opponent and 1 amendment in the nature of a substitute, debatable for 20 minutes, equally divided between the offeror and an opponent. The Rule allows one motion to recommit, with or without instructions and it also waives all points of order against the legislation.

For H.R. 1030, the Rules Committee has recommended a structured Rule that provides for one hour of general debate equally divided and controlled by the Chair and Ranking Member of the Committee on Science, Space, and Technology.  The Rule allows 2 amendments debatable for 10 minutes equally divided between the offeror and an opponent. The Rule allows one motion to recommit, with or without instructions and it also waives all points of order against the legislation. Members are urged to VOTE NO.

H.R. 1029 – EPA Science Advisory Board Reform Act of 2015 (Rep. Lucas – Science, Space, and Technology) (One Hour of Debate). This bill modifies the selection requirements and operating procedures of the Science Advisory Board (SAB), the entity that provides scientific advice to the Administrator of the Environmental Protection Agency (EPA). Identical legislation passed the House last January. That vote can be found here.

Under this bill, the EPA would be required to select members for the SAB that represent a “balanced” view of scientific issues, regardless of the legitimacy of those views – exposing the Board to potentially politically motivated beliefs not grounded in actual science. Additionally, the bill would allow up to 90% of SAB members to be private-sector scientists with direct ties to the industries – opening the door for corporations to hold powerful influence over its decisions and recommendations to the EPA.

The bill would also require a number of changes to the SAB’s operation. The Board would be required to release to the public all scientific information used in determining its advisories to EPA, indicating any and all "uncertainties" associated with the scientific advice it does provide, and it must ensure that the advice it provides to EPA reflect the views of all Board members.  It also would allow the public to file public comments on those advisories and require the Board to respond to all public comments – forcing the SAB to waste time and limited funds on burdensome administrative requirements instead of actually advising the EPA on science. These additional requirements that the bill demands of the SAB are essentially designed to keep it from getting anything accomplished, especially since the bill contains no additional resources for the board to function. 

In the Statement of Administration Policy, the President's senior advisors stated that they would recommend a veto of the bill.

The Rule makes in order 3 amendments, each debatable for 10 minutes, equally controlled by the proponent and opponent and 1 amendment in the nature of a substitute, debatable for 20 minutes, equally divided between the offeror and an opponent.  The amendments are:

Grayson Amendment. Prohibits an SAB 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.
McKinley Amendment. Prohibits an individual from sitting on the SAB if they are currently receiving EPA contracts or grants; and then would prohibit them from being allowed to apply for any EPA contracts or grants in the three years following the end of their SAB service.
Polis Amendment. Requires the Administrator of the Environmental Protection Agency to solicit nominations for SAB membership from (1) institutions of Higher Education and (2) research institutions conducting research relevant to that of the SAB.
Bonamici Amendment in the Nature of a Substitute. Improves the selection of SAB members by increasing transparency and ensuring balance among board participants; promotes public participation in the SAB review process.

Bill Text for H.R. 1029:
PDF Version

Background for H.R. 1029:
House Report (HTML Version)
House Report (PDF Version)

Postponed Suspension (1 bill)

1)   H.R. 1191 – Protecting Volunteer Firefighters and Emergency Responders Act (Rep. Barletta – Ways and Means)

TOMORROW’S OUTLOOK
The GOP Leadership has announced the following schedule for Wednesday, March 18: The House will meet at 12:00 p.m. for legislative business. The House is expected to consider H.R. 1030 – Secret Science Reform Act of 2015 (Rep. Smith (TX) – Science, Space, and Technology).