U.S. Environmental Protection Agency Science Advisory Board (SAB): Role of the Independent Advisory Committee, Selected Issues, and Legislation

U.S. Environmental Protection Agency Science Advisory Board (SAB): Role of the Independent Advisory Committee, Selected Issues, and Legislation

May 9, 2024
U.S. Environmental Protection Agency Science Advisory Board
(SAB): Role of the Independent Advisory Committee, Selected
Issues, and Legislation
The extent to which scientific and technical information
Section 12307 of the Agricultural Act of 2014 (2014 farm
may be used to support the regulatory and nonregulatory
bill; P.L. 113-79) amended Section 8 of the ERDDAA of
actions taken by the U.S. Environmental Protection Agency
1978 to require EPA and the SAB to establish a standing
(EPA) to implement federal environmental pollution control
agriculture-related committee to provide scientific and
statutes is a perennial issue of congressional oversight. Due
technical advice to the Board relating to matters determined
to the complexity of scientific and technical information
“to have a significant direct impact on enterprises that are
EPA must evaluate to support its actions, in 1978 Congress
engaged in the business of the production of food and fiber,
directed EPA to establish an independent Science Advisory
ranching and raising livestock, aquaculture, and all other
Board (SAB) to review conflicting information and advise
farming- and agriculture-related industries.” This standing
EPA on the adequacy and reliability of the technical basis
committee is the only one EPA and the SAB were explicitly
of its actions. This In Focus summarizes the statutory
directed to establish.
authority for the SAB; its operations, activities, and
funding; and selected issues that have arisen since its
Because the SAB is a federal advisory committee, it must
establishment. In addition to the SAB, EPA maintains
comply with the Federal Advisory Committee Act (FACA;
nearly two dozen advisory committees—including the
5 U.S.C. §1001 et seq.). Some of these FACA requirements
Clean Air Science Advisory Committee (CASAC) and the
are discussed below in the context of the SAB’s operations
Federal Insecticide, Fungicide, and Rodenticide Act
and activities. For more information about FACA
Scientific Advisory Panel—that have specific advisory
requirements, see CRS Report R44253, Federal Advisory
objectives. This In Focus does not discuss other EPA
Committees: An Introduction and Overview, by Meghan M.
advisory committees.
Stuessy.
Statutory Authority
Board Operations and Activities
In the 1970s, Congress enacted multiple Environmental
To be formally established, all federal advisory committees
Research, Development, and Demonstration Authorization
subject to FACA must submit charters to the General
Acts (ERDDAAs) to authorize EPA research activities
Services Administration (GSA) (5 U.S.C. §1008). Charters
separately from its regulatory activities. Section 8 of the
provide certain information, such as a description of the
ERDDAA of 1978 (P.L. 95-155; codified at 42 U.S.C.
federal advisory committee’s objectives and scope of
§4365) directed EPA to establish the SAB, which shall
activities, its specific duties, estimated meeting frequency,
provide scientific advice as may be requested by EPA.
and general operating guidelines. FACA also requires the
Section 8 provided that the SAB consist of at least nine
federal agency for which the advisory committee is
members with the requisite education, training, and
established to file the charter with its Senate and House
experience to evaluate scientific and technical information
committees of jurisdiction and the Library of Congress. A
on matters referred to the SAB.
committee cannot meet or take action without filing a
charter, and the charter must be refiled every two years (5
Section 8 requires EPA to make available to the SAB for
U.S.C. §1013(b)(2)). EPA approved the SAB’s most recent
review any proposed environmental criteria document,
charter in August 2023, and the charter was filed with
standard, limitation, or regulation, along with the scientific
Congress in September 2023. According to this charter, the
and technical background information on which such
SAB consists of approximately 45 members; the number of
proposed action is based. The SAB may provide advice and
members may be adjusted to “provide leadership to SAB
comments to EPA on the adequacy of the scientific and
committees and panels.” Most SAB members serve as
technical basis of the proposed action.
Special Government Employees (SGEs)—agency
employees that perform temporary duties, with or without
Section 3 of the ERDDAA of 1981 (P.L. 96-569) amended
compensation, for not more than 130 days during any
Section 8 of the ERDDAA of 1978 to add specific
period of 365 consecutive days (18 U.S.C. §202). The SAB
congressional committees as entities in addition to EPA that
generally meets six to eight times per year.
may request scientific advice from the SAB. The stated
intent of the amendment is to enable the SAB to provide
The SAB charter provides for the establishment of
advice to Congress without seeking prior permission from
committees, including the standing agriculture-related
EPA.
committee. Such committees may not work independently
of the SAB and must report their recommendations and
advice to the SAB for full deliberation, discussion, and
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U.S. Environmental Protection Agency Science Advisory Board (SAB)
approval. SAB committees are to be chaired by an SAB
Certain stakeholders have also questioned the extent to
member and may be augmented with individuals who are
which EPA adopts SAB recommendations, especially when
not SAB members. Including the Agricultural Science
those stakeholders disagree with EPA’s evaluation of
Committee, the SAB has seven standing committees and a
scientific and technical information to reach decisions that
number of ad hoc committees and panels for specific tasks.
directly affect them. However, while EPA actions are
generally informed by scientific and technical information,
EPA maintains an SAB Staff Office that manages requests
the agency’s actions are not solely based on such
for scientific and technical advice, oversees the formation
information and SAB recommendations are not binding on
of the SAB and its committees, and provides policy,
EPA. EPA is generally directed under the authorities it
technical, and administrative assistance for conducting
administers to consider other information, such as cost,
meetings and preparing reports. The SAB Staff Office
when proposing or taking regulatory actions.
announces SAB meetings in the Federal Register,
providing the public with opportunities to participate in the
Recent Legislation
advisory process. To comply with FACA, each SAB
In the 118th Congress, S. 3719, the Sound Science for
meeting must be attended by a Designated Federal Officer
Farmers Act of 2024, would amend Section 8 of the
who has the authority to adjourn a meeting if that is
ERDDAA of 1978 to revise the process by which EPA
determined to be in the public interest (5 U.S.C. §1009(e)).
receives advice and comments from the SAB and to require
For more information on the SAB, GSA maintains a FACA
EPA to take certain actions with regard to draft or final
database that has an entry for the SAB.
assessments, risk evaluations, or regulations for chemicals
Funding
that may have an impact on agriculture or food safety. S.
3719 would expand the scope of information EPA must
Through the regular annual appropriations process,
provide to the SAB for the opportunity to review.
Congress appropriates funds for administering and
Additionally, S. 3719 would direct EPA to publish
operating the SAB and the CASAC within EPA’s
dissenting views of SAB members to advice or comments
Environmental Programs and Management account. Over
issued by the SAB, along with the Administrator’s response
the past 10 fiscal years, enacted appropriations for this
to such advice, comments, and dissenting views, in the
program activity have ranged from a high of $5.1 million in
Federal Register; it would also direct EPA to include this
FY2015 to a low of $3.2 million in FY2019. For FY2024,
information in the administrative record. S. 3719 would
EPA allocated $4.2 million for the SAB and the CASAC.
prohibit EPA from issuing or “peer reviewing” certain draft
The President’s FY2025 Budget Request includes $4.7
or final assessments, risk evaluations, or regulations with
million for the SAB and the CASAC. Based on the most
respect to chemicals that may have an impact on agriculture
recent SAB charter, annual costs to operate the SAB are
or food safety unless such assessments, risk evaluations, or
estimated at $2.3 million.
regulations have been provided to the U.S. Department of
Selected Issues
Agriculture (USDA), the Food and Drug Administration,
and the Small Business Administration. Additionally, the
Although the ERDDAA of 1978 authorizes the SAB to
proposal would require that such draft or final assessments,
provide scientific and technical advice to certain
evaluations, or regulations must be fully reviewed by the
congressional committees if requested, the process by
standing SAB Agricultural Science Committee. S. 3719
which the SAB receives and responds to such requests has
would also authorize certain additional congressional
been an area of interest. In 2015, the Government
committees to request advice and comments from the SAB,
Accountability Office (GAO) examined EPA’s procedures
and it would direct EPA to also submit an annual report
for processing congressional requests and recommended
regarding the membership and activities of the SAB
that the agency take additional steps to improve its
Agricultural Science Committee to the House Committee
procedures for processing congressional committee requests
on Science, Space, and Technology.
to the SAB. According to GAO, EPA implemented its
recommendations with the exception of one that was closed
Other introduced legislation would direct a USDA advisory
as not implemented.
committee to inform the SAB of its review of the impact of
waters of the United States (WOTUS) regulations on
Since the SAB’s establishment, some policymakers have
agriculture and environmental protection. H.R. 4956 and S.
scrutinized its composition for independence and potential
1023 (the Farmer-Informed WOTUS Act of 2023), among
bias. To ensure SAB’s independence and avoid conflicts of
other provisions, would direct this USDA advisory
interest, EPA has established policies and procedures for
committee to present its findings and recommendations to
selecting board members and panelists and resolving
EPA, the U.S. Army Corps of Engineers, and the SAB. For
potential conflicts of interest. In 2019, GAO examined
more information on WOTUS regulations, see CRS Report
EPA’s process for appointing advisory committee members
R47408, Waters of the United States (WOTUS): Frequently
and recommended that the agency document rationales for
Asked Questions About the Scope of the Clean Water Act,
proposed membership to the SAB and another related
by Kate R. Bowers and Laura Gatz.
advisory committee, the CASAC, and periodically review
the quality of financial disclosures of advisory committee
Jerry H. Yen, Analyst in Environmental Policy
members. According to GAO, EPA implemented GAO’s
Angela C. Jones, Analyst in Environmental Policy
2019 recommendations.
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U.S. Environmental Protection Agency Science Advisory Board (SAB)

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