Madam Speaker, pursuant to House Resolution 233, I call up the bill (H.R. 1431) to amend the Environmental Research, Development, and Demonstration Authorization Act of 1978 to provide for Scientific…
Madam Speaker, pursuant to House Resolution 233, I call up the bill (H.R. 1431) 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 ask for its immediate consideration.
Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days within which to revise and extend their remarks and include extraneous material on the bill, H.R. 1431.
Madam Speaker, I yield myself such time as I may consume.
I thank Chairman Smith and Environment Subcommittee Chairman Biggs for their hard work on this important piece of legislation. I also thank my good friend, Representative
Peterson for, yet again, working--helping, I should say--to make this bill a bipartisan effort. I appreciate his willingness to sponsor this bill with me.
I had the opportunity to speak in favor of this legislation when it passed this House with bipartisan support in the 114th Congress. Now, I come to the floor yet again to urge my colleagues to vote in favor of this important reform. The SAB Reform Act was a good bill then, and it is a good bill now. This is a policy that is built on the values we should uphold regardless of which side of the political aisle we are on or who happens to be the President.
H.R. 1431, the Science Advisory Board Reform Act, ensures the best experts are free to undertake a balanced and open review of regulatory science. The Board was established to provide scientific advice to the EPA and Congress, and to review the quality and relevance of science EPA uses for regulations. But in recent years, shortcomings with the process have arisen. Opportunities for public participation have been limited, potential conflicts of interest have gone unchecked, and the ability of the Board to speak independently has been curtailed.
If the administration undermines the Board's independence or prevents it from providing advice to Congress, the valuable advice these experts can provide is wasted.
Despite the existing requirement that the EPA's advisory panels be fairly balanced in terms of point of view represented, the Science, Space, and Technology Committee has identified a number of past problems that have undermined the panel's credibility and work product. These include a number of advisory members who received money from the EPA. At the very least, this could create the appearance of a conflict of interest.
Some of the panelists have taken public and even political positions on issues they are advising about. For example, a lead reviewer of the EPA's hydraulic fracking study published an anti-fracking article titled, ``Regulate, Baby, Regulate.'' Now, this clearly is not an objective viewpoint, and should be publicly disclosed.
Public participation is limited during most board meetings. Interested parties have almost no ability to comment on the scope of the work, and meeting records are often incomplete and hard to obtain.
This bill is both pro-science, and pro-sound science. This bill is founded upon recommendations for reform outlined by the National Academy of Sciences, and the EPA's Peer Review Handbook. This bill ensures that the Board is balanced, transparent, and independent, all of which will help prevent the SAB from being manipulated by any group.
H.R. 1431 makes sound science the driving force of the Board, no matter who is the chief executive officer of our government.
Perhaps most importantly, this bill seeks to increase public participation that benefits all stakeholders. Currently, valuable opportunities for diverse perspectives are limited. The Federal Government does not have a monopoly on the truth. Ask your constituents back home if they know that.
The public has important expertise that can't afford to be ignored in a democracy. State, local, tribal, and private sectors have a long history of qualified scientific experts. Their contributions should be taken seriously.
Unfortunately, the history of the SAB shows that private sector representation is often lacking or simply nonexistent. Instead, in the past, EPA has picked the Board, ignoring the knowledge, experience, and contributions of those experts. This bill ensures that qualified experts are not excluded simply due to their affiliation. This will add value and credibility to future Board reviews.
Mr. Peterson and I recognize the important role science should play in our policy debates and provides safeguards to give the public confidence in science. It restores the independent Science Advisory Board as a defender of scientific integrity.
Madam Speaker, I urge my colleagues to support this bill, and I reserve the balance of my time.
Madam Speaker, I yield such time as he may consume to the gentleman from Texas (Mr. Smith), the chairman of the Science, Space, and Technology Committee, a fellow who has worked very diligently on the committee for many years.
Mr. Speaker, I yield 3 minutes to the gentleman from Louisiana (Mr. Higgins), a member of the Environment Subcommittee of the Committee on Science, Space, and Technology.
Mr. Speaker, I yield myself such time as I may consume.
I include in the Record the following letters: a letter of support from the Chamber of Commerce of the United States, a letter of support from the American Chemistry Council, a letter
of support from the National Cotton Council of America, another letter of support from the Chamber of Commerce of the United States, a letter of support from the Independent Petroleum Association of America, a letter of support from the CO2 Coalition, and a letter of support from the Cato Institute.
Chamber of Commerce of the
United States of America,
Washington, DC, March 29, 2017.
To the Members of the U.S. House of Representatives: The
U.S. Chamber of Commerce supports the ``Honest and Open New
EPA Science Treatment (HONEST) Act of 2017'' and the ``EPA
Science Advisory Board Reform Act of 2017.'' These bills
would improve the transparency and reliability of scientific
and technical information that Federal agencies rely heavily
upon to support new regulatory actions.
The HONEST Act is designed to ensure that the studies and
data Federal agencies cite when they write new regulations,
standards, guidance, assessments of risk--or take other
regulatory action--are clearly identified and available for
public review. Additionally, information must be sufficiently
transparent to allow study findings to be reproduced and
validated. This is a critical safeguard to assure the public
that the data Federal agencies rely on is scientifically
sound, unbiased, and reliable.
The EPA Science Advisory Board Reform Act of 2017 would
help ensure that the Science Advisory Board (SAB), which
directly counsels the U.S. Environmental Protection Agency
(EPA) on key scientific and technical issues, is unbiased and
transparent in performing its duties. The bill would
establish requirements that SAB members are qualified
experts, that conflicts of interest and sources of bias are
disclosed, that the views of members--including dissenting
members--are available to the public, and that the public has
the opportunity to participate in the advisory activities of
the Board and view EPA's responses. Because EPA relies on SAB
reviews and studies to support new regulations, standards,
guidance, assessments of risk, and other actions, the actions
of the SAB must be transparent and accountable. This is a
critical safeguard to assure the public that the data Federal
agencies rely on is scientifically sound and unbiased.
The HONEST Act and the EPA Science Advisory Board Reform
Act would improve the transparency and trustworthiness of
scientific and technical reviews and information that
agencies, including EPA, rely on to justify regulatory
actions that can significantly affect society. The American
public must have confidence that the scientific and technical
data driving regulatory action can be trusted. Accordingly,
the Chamber supports these important bills.
Sincerely,
Neil L. Bradley,
Senior Vice President & Chief Policy
Officer, Government Affairs.
Mr. Speaker, I would note to the body, part of the challenge that we face here today on this bill is like so many challenges we face as Members of Congress: How do you avoid the short- term perspective? How do you take the long view? How do you set into motion things that, while they might not, perhaps, give us the great advantage in the short-term sense that either side of the room would want, in the long-term, they are in the best interest of the body?
I would remind my colleagues, the Scientific Advisory Board is appointed by the EPA; the EPA is managed by the Director; the Director is appointed by the President of the United States. If you believe that the work product, if you believe that the rules that have been generated by this in recent years reflect your perspective, I understand that, but nothing is ever static.
We have recently had a change of administration. We have a change of direction in the leadership of the EPA. That will be reflected in all the appointments and the actions of the EPA.
I implore my colleagues, we need to work in the perspective of what is in the long-term interest; and that long-term interest is providing scientific review at the SAB that our fellow citizens have confidence in and that will generate good rules and regulations when they have to be created.
Following this course of action advocated in H.R. 1431 will not make my most conservative constituents happy because they want to duplicate what they believe my most liberal constituents have advocated for years, but our goal here is not to empower one or the other side in these perspectives to force their will upon the country. Our responsibility with the SAB is to create a process where we can have confidence in the results and where, when appropriate, the end resulting regulations, the rules that come from it, will be in the best long-term interest of the Nation as a whole.
I know there are requirements in here that, if you have taken money as a scientist to do a research project from the EPA, you have to cool off for 3 years. But what is wrong with allowing a little separation between the people who take money to do the studies and then become the judges of other studies in the knowledge that perhaps the people who have done the studies will judge their studies? What is wrong with that?
And the public disclosure about allowing people with knowledge and expertise to participate, too, if they have
a conflict through these disclosures, we will know. I would hope that whoever leads the EPA on whatever day would act in a responsible fashion.
I just want, through this bill, to change the system so that the perception is out there that the SAB and the scientific process and the rulemaking that comes from it at EPA are being gained by one perspective or the other because that is in no one's best interest.
I know we live in tough times and challenging times to legislate. I think my colleagues know, in the legislation I have worked on before, that I have always worked across the aisle. I have always worked with every perspective within this body. I have always tried to take that long-ball perspective. I know it is a challenging time, but think about that as we continue this well-meaning, good-spirited, very focused debate.
I reserve the balance of my time.
Mr. Speaker, I yield 5 minutes to the gentleman from Arizona (Mr. Schweikert), the former chairman of the Science, Space, and Technology's Subcommittee on Environment.
Mr. Speaker, I include in the Record the second set of letters which I referred to earlier.
National Association of
Home Builders,
Washington, DC, March 8, 2017.
Hon. Lamar Smith,
House of Representatives,
Washington, DC.
Dear Chairman Smith: On behalf of the 140,000 members of
the National Association of Home Builders (NAHB), I am
writing to express NAHB's strong support for the Honest and
Open New EPA Science Treatment Act of 2017 and the EPA
Science Advisory Board Reform Act of 2017. These bills would
ensure an open and honest scientific process by allowing the
public access to the science that underpins regulations
developed by Environmental Protection Agency (EPA) and
ensuring that scientists advising the EPA on regulatory
decisions are not the same scientists receiving EPA grants.
It is important for the EPA to use sound science in order
to support their rulemakings. Far too often, the EPA relies
on science that lacks transparency and reliability to
buttress their rulemakings. This is a consequence of the EPA
conducting their scientific review of rulemakings behind
closed doors. The EPA frequently ignores scientific integrity
by limiting public participation, excluding state and private
sector expertise, and pushing a specific agenda by appointing
scientists who are biased. In some cases, scientists that
have been appointed to review proposed regulations have
received EPA grants which the EPA disregards as a conflict of
interest.
The EPA should not be able to create costly regulations
without being transparent, fair and open to public input when
considering the science behind a rulemaking. However, the EPA
has sacrificed the integrity of the rulemaking process by
using biased science to push their agenda. It is important to
address these shortcomings so that future rules can be
transparent and honest.
For these reasons, NAHB urges the House Science, Space and
Technology Committee to support the Honest and Open New EPA
Science Treatment Act of 2017 and the EPA Science Advisory
Board Reform Act of 2017, in order to bring transparency and
integrity to the regulatory process.
Thank you for giving consideration to our views.
Sincerely,
James W. Tobin III,
Executive Vice President & Chief Lobbyist, Government
Affairs and Communications Group.
Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, again, I reiterate to my colleagues, this is a situation where the goal really is not to empower one perspective or one faction over another. The goal, ultimately, of this bill--and, yes, this did come out of the inspector general's report, the initial work and effort. The goal of the bill is to add transparency, accountability. The goal of the bill is to increase the American people's confidence in the work product that is then used by the EPA to craft the rules and regulations that impact every life in this country on a daily basis.
Whatever your perspective may be, remember, the pendulum in this great Nation, when it comes to the executive branch, in my time, every 8 years, has swung back and forth. Just because at the present moment or the past moment you think you got your perspective's way, or if perhaps you think with the pendulum swing now you will get your perspective's way, that is not what the focus should be here.
I would also remind my colleagues, in my 23 years, I have served in the minority soon to be for 4\1/2\ years. But the other 18\1/2\ years, I have served in the majority. I have served in the majority. So when I step up to you and say we can do better, we can enhance the quality of information, we can do it in a way that the American people have more confidence in ultimately what goes on, and we can do it in a way that makes it more difficult for anyone to hijack the process, I say that sincerely.
There is nothing wrong with full disclosure for everyone who can add to the process, who should be available for consideration. There is nothing wrong with a financial cooling-off between benefiting from the studies and analyzing someone else's studies. There is nothing wrong with this.
But if you stay with the status quo, this Board and this Agency are in change. Get ready for 8 years of a dramatically different way of doing things.
Now, maybe you are so confident that the pendulum will swing back again that you are willing to accept that. But as for me, I want to stay between the lines. I want to focus in ways that, for the long term, represent the best interests of this great country.
Mr. Speaker, I ask my colleagues to vote for H.R. 1431. I ask my colleagues to think about 10 or 20 years down the road. I ask my colleagues to put the long-term best interests of their constituents first.
Mr. Speaker, I yield back the balance of my time.
I claim the time in opposition to the motion, Mr. Speaker.
Mr. Speaker, I look at this language--and I am a farmer by trade; I am not an attorney; I will confess that--but the phrase ``or other entity'' seems to be a very broad concept. How will that affect people who work for research foundations at institutions of higher education? How will that affect entities, people who are part of so- called think tanks in places like Washington, D.C.? I personally believe the language is intended more to simply turn the bill inside out.
On that basis, I would ask my colleagues to reject the motion to recommit with instructions and to pass the underlying bill.
But I go one step further, and I offer this in the most sincerest of ways: if you look at the discussion today and if you look at the discussion that has gone on for some time on these issues, it is almost as though there are those with certain perspectives who are trying to force their will--their perspective of what is right and wrong scientifically or economically or socially--on the rest of the country, on the rest of us, and, for that matter, on the rest of the world.
That is why I am the author of this bill. No one entity should have the power by manipulating the bureaucratic process or the rulemaking process to enforce their definitions of everything on the rest of us. We have both the right and the responsibility to judge this information and to make decisions about what is in our enlightened self-interest, as the old economist would say, or in the best interest of the country or of society as a whole.
That is why I want all of us--the great American people--to have access and some certainty about the people and the process that are driving everything in our world.
Reject the motion, pass the bill, create greater transparency, incorporate more input, and when it is necessary to have rules and regulations, generate good rules and regulations so that we all have a chance to prosper and to live up to our potential in this country. Don't let the tyranny of the idealistic--whatever perspective they may have--drive us all into despair and destruction.
With that, I respectfully ask my colleagues to reject this motion and pass the underlying bill.
I yield back the balance of my time, Mr. Speaker.