Epa Science Advisory Board Reform Act Of 2013
Mr. Speaker, I reserve the balance of my time. Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I thank the gentleman for yielding, and I would like to also thank the ranking member, my friend from Oregon. We disagree…
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I thank the gentleman for yielding, and I would like to also thank the ranking member, my friend from Oregon. We disagree on this bill, as it will become evident through this debate today, but she has always been respectful and professional, and I appreciate that.
The issues we are debating today are important, and the decisions we will make today are significant. There is a process that is broken, and it is through this bill that we cannot only improve that process, but also restore trust between the American people and the Federal Government.
If I could reemphasize what I just said, the process is broken. This is an opportunity for us to restore trust between the American people and the Federal Government that has fostered so much distrust of late.
Established by Congress in 1978, the EPA's Science Advisory Board, or what we refer to as SAB, is intended to provide meaningful, balanced, and independent reviews of the science conducted and used by the Agency. Its members are selected by the EPA Administrator, and it plays an important role in reviewing everything from the EPA's research budget to individual chemical assessments.
This panel is indispensable in critically reviewing the underlying science of virtually all major EPA regulatory activities. That is a tall order in recent years, especially given the fact that the Agency has pursued an overreaching, economically threatening agenda, creating an environment where politics and policies have taken the wheel from unbiased science.
This bill contains basic, good government changes and draws upon noncontroversial provisions of the Federal Advisory Committee handbook, the EPA's own Peer Review Handbook, the National Academies' committee composition and conflict of interest policy, and even recommendations from the Science Committee testimony and other outside groups.
It has widespread support from groups such as the National Chamber of Commerce, the National Association of Manufacturers, the American Farm Bureau, the American Road & Transportation Builders Association, the American Chemistry Council, the American Gas Association, Small Business and Entrepreneurship Council, Portland Cement Association, the American Forest and Paper Association, and I could go on and on with a long list of councils and associations that support this legislation.
It makes important clarifying changes to the scope of SAB's purview and institutes commonsense reforms. I would like to emphasize this. You are going to hear this again and again today: commonsense reforms to improve transparency. How can you argue against that? It specifically builds upon the bipartisan agreement made to the SAB in the farm bill.
H.R. 1422 would also facilitate meaningful public participation across all of the standing committees. Once again, let me emphasize that: it facilitates meaningful public participation. And let's be clear. The transparency and the public participation concerns addressed in this bill are not without merit.
For example, in my own experience, during a hearing in the Science Committee last year, I was alarmed to hear from both SAB members and the chair of the EPA's Clean Air Scientific Advisory Committee and a State official testify that EPA's science advisers virtually never respond to public comments and, in many cases, they don't even read these public comments. Imagine the arrogance of a government committee that pretends to seek public
comment and promises to consider those comments, and then to learn that they don't even read them, let alone consider what has been said. This bill would change that.
This bill also provides clarity to the SAB member selection and disclosure process. Despite an existing requirement that these panels be ``fairly balanced in terms of point of view represented,'' EPA has systematically excluded State, local, and tribal entities and private sector scientists from serving as advisers.
For example, last year EPA announced a new Hydraulic Fracturing Research Advisory Panel. Even though dozens of people with recent and direct experience with oil and gas technical developments were nominated, the EPA excluded nearly every one of them from serving on the panel.
There are also a number of other unsettling Agency trends about how the EPA selects its supposedly independent advisers. For instance, according to the Congressional Research Service, almost 60 percent of the members of EPA's chartered SAB and Clean Air Scientific Advisory Committee have directly received grants from the Agency, and that is only since the year 2000. These advisers served as principal or co- investigators for EPA grants, totaling approximately $140 million. The EPA also frequently chooses panelists whose research is directly or indirectly under review.
And finally, in addition, many of the SAB panelists have clearly taken sides or made public pronouncements on issues they are advising about. For example, roughly 40 percent of the current panel members reviewing the science behind upcoming EPA ozone standards have already made statements that the regulations should be more stringent.
The issues identified in this bill seem to many as too specific and diving into the weeds, but credible peer review is critical to everything the EPA does. We may not be able to control all the EPA's regulatory overreach, but guaranteeing that there is an independent check whose sole focus is to provide unbiased, independent science is essential to the process.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Before I recognize the gentleman from Texas, I would like to respond briefly, if I could, to the minority Member, some of her comments regarding this bill.
The bill very clearly does not allow for the SAB to be stacked, to use her phrase, with the industry experts. I have the bill before me. It is only a couple of pages long. It is very simple. I would ask anyone to show me the language where it allows for the SAB to be stacked with industry experts.
All we are asking is that there be some balance to those experts who are asked and that there, further, be transparency, and that we understand who is selected, why they were selected, and why others were excluded from this, just like, by the way, we are not asking that those scientists who have EPA-funded backgrounds be excluded. We are not saying that they are conflicted to the point where they couldn't participate. We recognize that they have expertise that could help in this process.
But we also are asking, on the other hand, that we recognize that there are industry experts who are currently being excluded from this because of their background. Of the 51 members of the current SAB, only three--only three--have any industry expertise, and we are losing valuable insight and valuable guidance because we don't include them in the process.
Mr. Speaker, I yield 3 minutes to the gentleman from Texas (Mr. Weber).
Mr. Speaker, I yield myself such time as I may consume to respond to some of the comments made on the other side of the aisle.
All of us would be concerned if we thought we were getting advice that had been conflicted financially. I share that concern. In fact, that was one of the primary reasons that we wrote this bill. This bill, to say it again, seeks for transparency and it seeks for openness.
If you are worried about industry experts being stacked on the SABs and providing biased opinion and expertise, I would ask you to give me an example of this. Because I can give you an example of exactly the opposite happening.
I will say it once again: 60 percent of the current Members of the SAB have $140 million in direct government grants. Now, that is a clear conflict. And yet once again, we are still willing to work with that. We are not seeking to exclude those members; we are simply seeking for transparency and openness, and for that same standard to be applied to industry experts as well who could help us with their background and their expertise.
I yield 2 minutes to the gentleman from Illinois (Mr. Rodney Davis).
Well, once again, I just have to respond to some of the things that the opposition is saying.
This is essentially their argument: we think it is okay that 60 percent of SAB members have $140 million in direct government grants, and we think it is okay that those same members are then allowed to provide their own peer review of their own work. That is okay.
I think it is very commonsensical to realize there are inherent objections and inherent conflicts in allowing that sort of structure to continue to exist.
It is not gutting the EPA, as was claimed, to ask to increase transparency. It is not gutting the EPA to ask for balance. That is all this bill does.
Mr. Speaker, I yield 2 minutes to the gentleman from Maryland (Mr. Harris), my good friend.
I yield the gentleman an additional 30 seconds.
Mr. Speaker, could I inquire how much time I have remaining?
Mr. Speaker, before I yield to my friend, the gentlewoman from Tennessee, I would very quickly like to make a point. Once again, all we are seeking is fairness and transparency, and the opposition is claiming that it is okay for government-sponsored and - granted scientists to sit on this board.
In fact, it is okay that 60 percent of them have tens of millions of dollars of government funding, but it is not okay for anyone from the industry, and it is completely transparent how unfair that standard would be.
The second point I would make is this: we are not claiming that either of them should be forbidden to serve on these boards. We are just asking that they disclose those financial agreements and let the American people decide, and that certainly seems to be a fair standard and hardly the minimum that we could ask.
With that, Mr. Speaker, I would like to yield 3 minutes to the gentlelady from Tennessee (Mrs. Blackburn), my good friend.
I yield myself such time as I may consume.
Mr. Speaker, as we conclude this debate, there are three things that we should keep in mind. The current content or makeup of the SAB is somewhere between 51 and 52 members because there are some in transition as new members come and go. Of those, let's say, 52, only nine are nonuniversity background, and of those, only five and sometimes six represent industry.
The industry experts have much to offer. If you don't think that, say, for example, with the hydraulic fracking board that that technology is changing rapidly, it certainly is, and we need to take advantage of that.
The second thing I would say is public comment. The American people are smart, and the American people are those that are most affected by some of the standards and the rules that the EPA would suggest. We should listen to them, and this bill allows a process where they can be listened to.
Finally, the third thing, we are requesting that 10 percent--a mere 10 percent of these board members come from State, local, or tribal governments. That hardly seems like a bar that is too high to cross in getting input from lay States and localities.
With that, Mr. Speaker, I reserve the balance of my time.
Could I inquire how much time I have remaining?
Mr. Speaker, I yield 2 minutes to the gentleman from Utah (Mr. Bishop), my comrade.
With that, Mr. Speaker, I am prepared to close, but before I do, though, I would like to enter into the Record the letters from the U.S. Chamber of Commerce and others that I mentioned in my previous testimony.
Chamber of Commerce
of the United States of America,
Washington, DC, November 18, 2014.
To the Members of the U.S. House of Representatives: The
U.S. Chamber of Commerce, the world's largest business
federation representing the interests of more than three
million businesses of all sizes, sectors, and regions, as
well as state and local chambers and industry associations,
and dedicated to promoting, protecting, and defending
America's free enterprise system, supports H.R. 1422, the
``EPA Science Advisory Board Reform Act of 2013.'' This bill
would help ensure that the Science Advisory Board (SAB),
which directly counsels the U.S. Environmental Protection
Agency (EPA) on 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 EPA Science Advisory Board Reform Act would improve the
transparency and trustworthiness of scientific and technical
reviews that EPA relies on to justify its actions. The
American public must have confidence that the scientific and
technical data driving regulatory action can be trusted.
Accordingly, the Chamber supports H.R. 1422.
Sincerely,
R. Bruce Josten.
Mr. Speaker, thank you for considering my bill, H.R. 1422, the EPA Science Advisory Board Reform Act of 2013, and I yield myself the balance of my time.
To reiterate what has been said multiple times here, this legislation addresses how the EPA is systematically silencing voices of dissent on the Science Advisory Board, ignoring calls for independence and balanced participation, and preventing the board from responding to congressional requests.
Science is a valuable tool to help policymakers navigate complex issues. However, when inconvenient scientific conclusions are disregarded or when dissenting voices are muzzled, a frank discussion becomes impossible, and that is certainly what we have seen.
The EPA Science Advisory Board Reform Act addresses these shortcomings by strengthening public participation and public comment opportunities and improving the makeup of the Science Advisory Board and its subpanels.
The bill reinforces peer review requirements and reduces conflicts of interest. It provides opportunities for the dissenting panelists to make their views known and requires communication of uncertainties and scientific findings and conclusions.
The Science Advisory Board Reform Act promotes fairness, transparency, and independence to ensure unbiased scientific advice. Surely, that is something that we could ask for the American people. Surely, that is something
that the opposition could support. In fact, surely, that is something that the White House would support.
With that, Mr. Speaker, I encourage a ``yea'' vote on this matter, and I yield back the balance of my time.