Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. Mr. President, I rise to speak about the Gina McCarthy nomination to head the EPA and in particular efforts I have led with my Republican colleagues on…
Mr. President, I ask unanimous consent that the order for the quorum call be rescinded.
Mr. President, I rise to speak about the Gina McCarthy nomination to head the EPA and in particular efforts I have led with my Republican colleagues on the Environment and Public Works Committee to bring a whole lot more sunshine and transparency to EPA--something that has been sorely, sorely lacking for a long time and has been a particular problem, really reached new depths in terms of a problem in the last 4 years. When this important nomination first came up, I focused specifically on these important transparency, openness issues.
I have disagreed with the Obama administration EPA on all sorts of substantive issues, including, for instance, to take the most obvious, their war on coal. I disagree with both the past Administrator and this nominee, Gina McCarthy, on all of those key substantive issues, such as this war on coal, but I specifically chose not to focus on that in the nomination. I knew President Obama won the election. I knew he had a fundamentally different view than I do on those key
environmental and economic issues. What I focused on with other Republican members of our committee was something that should be beyond dispute, beyond partisanship, really beyond debate--the need for openness and transparency with regard to what EPA does and why they do it. This has been a battle I have been waging for a long time, including on the EPW Committee. I think this is a crucial issue.
For a long time, EPA, under multiple administrations, has lost the confidence of Congress and the American people. It used to be, including when EPA was first founded, in the first decade of its existence, that it was viewed as a nonideological group of experts. It was viewed as being led by real scientists and real science--peer- reviewed expert science--not by ideology, not by political agendas, not by partisanship. Unfortunately, I think EPA--and a lot of Federal agencies, but EPA is perhaps the worst example--has gotten far afield from that, and it is viewed by most Americans, myself included, as led by ideology, motivated by partisanship and a political agenda, not sober, sound science.
That is why we need to get back to complete openness and transparency so that we see what EPA is doing, why they are doing it, and try to hold them accountable so their decisions are based on objective science, not cherry-picking science, not partisan science, not what I would call New York Times or tabloid science.
Again, those are what all of my key requests of EPA and the nominee over this Gina McCarthy nomination went to. Over many, many weeks--in fact, months--I went back and forth with Ms. McCarthy and EPA over these very basic, sound, reasonable requests. The good news is, although it took a lot of back and forth, in each of the five key categories I identified on behalf of all of the Republican members of EPW, we were able to secure real, meaningful, and substantial commitments in terms of moving the ball forward in at least four of those categories, and we are going to move the ball across the goal line in the fifth category as well. So let me briefly outline those five important categories that all relate to openness and transparency and where we are getting with regard to our agreements with the EPA over the last several weeks.
Request No. 1 had to do with FOIA, the Freedom of Information Act. As anybody knows who has followed it in the news, EPA has really dragged its feet and frustrated a lot of legitimate FOIA requests by private citizens, by States affected, by other stakeholders.
The Freedom of Information Act was designed to put sunshine on the Federal Government, to allow everyday citizens--anyone--the ability to get basic, important information from any Federal agency. Yet, as news releases and certain incidents have illustrated over the last several years, EPA has really tried to frustrate that process. In fact, in certain documents we were able to obtain, we even got an e-mail from within the General Counsel's Office at EPA instructing all of the satellite offices of EPA around the country on how to frustrate legitimate FOIA requests--how to delay, how to frustrate, how to obfuscate. It was not about a particular FOIA request that they may have thought was out of bounds or inappropriate, it was just about how to frustrate in general. That is completely inappropriate. That is beyond the bounds of the law. So we talked in great detail to EPA about how they have to change that, and this basically summarizes the agreements we reached:
First, EPA agreed to mandate the retraining of all of their workforce--17,000-plus people--to tell them not how to frustrate FOIA requests but what FOIA is about, how to live by the law, how to honor FOIA requests in an open and timely way.
Secondly, EPA committed to issuing new guidance on records maintenance and the use of personal e-mail accounts. One way a lot of folks said EPA clearly was frustrating FOIA requests is they would do official business on personal e-mail accounts. So when a FOIA request was made, their EPA e-mails were produced, but lo and behold, the really important stuff, the stuff they wanted to hide, was on their personal accounts. That is clearly a pattern that has been used at EPA and other Federal agencies to frustrate openness and transparency and FOIA. So EPA is specifically going to issue new guidance to say that is absolutely illegal, that is absolutely off limits, and, most importantly, trust but verify, and here is the verify: The independent EPA inspector general will complete an audit about all of this stuff.
So we are going to put an end to FOIA abuse, and we are going to make sure every American has FOIA as a legitimate tool for information, for openness, and for transparency, as was intended when Congress passed that law.
The second category I focused on in my discussions with EPA was e- mails and communications--exactly what I was talking about before. There has been a pattern--and several high-ranking officials were involved, including Lisa Jackson, the former Administrator--there has been a pattern of using personal e-mail accounts and also fake e-mail names, to, in my opinion, hide important information from the public. The clearest example is what I said a minute ago. If you do the really important business on your personal account and somebody sends in a FOIA request and then the agency produces your official e-mails, guess what. The really important stuff is not produced. It is hidden. That has to stop.
So we demanded a lot of things in this category.
First of all, the nominee herself--we asked her to review her personal e-mail accounts and report back that she had not used it for agency-related matters. She did that. She confirmed that.
Secondly, EPW continues to coordinate with the House Oversight and Government Reform Committee to obtain further information. We do not have--and let me be crystal clear about this--Republicans on the EPW Committee have not obtained everything we have asked for or everything we deserve with regard to e-mails and communications. So we are working with the House committee with subpoena power, and we are working closely with them, and we are going to get, even if it takes using their subpoena power, what we deserve. And then both committees recently put the EPA on notice that they are considering issuing subpoenas with regard to just that.
So this is the category where we have gotten the least from the EPA with regard to our discussions regarding the Gina McCarthy nomination, but I want to make very clear, so no one is surprised, that we are going to get what we deserve, including through House subpoenas if it takes that.
The third category I focused on in my discussions with Gina McCarthy and the EPA is underlying research data. EPA has done a lot of really important rules, rulemaking in the last several years. In each of those cases they based that rulemaking on specific research. One big problem is that the world, the public, even including Members of Congress, has not had availability of that research data so we can simply sort of compare notes and enlist outside experts to say: Look, does this data really lead to that rule? Does it really lead to that conclusion?
Well, this has been an ongoing argument for a long time. Finally, in the midst of these discussions related to the Gina McCarthy nomination, we have scored a breakthrough. EPA has absolutely, categorically committed to obtaining the requested scientific information--that data from the researchers, from the institutions that did the research. They will absolutely request that and follow up on that.
Secondly, EPA has already reached out to relevant institutions for information on how to de-identify and code personally identifying information that may be in the data. None of us want personally identifying information. None of us want versions of the data that make it clear who the individuals involved in the studies were. We do not care about that. We want the overall data. So EPA is already talking to the institutions about how to scrub the data so they do not give us what we were never interested in--personal identifying information.
Third, for the first time we should be able to determine if there is any way of independently reanalyzing the science and benefits claims for these major regulations, which are mostly the major air regulations on which the nominee Gina McCarthy led the way.
So this really is a breakthrough because it is a path forward to get the
underlying data so we can examine--independently examine--have experts look at the data and ask: Does it really lead to this regulation? Does it really justify this regulation?
The fourth category I focused on in terms of my discussions with the EPA over the Gina McCarthy nomination is economic analysis. By law, EPA, like other Federal agencies, is supposed to do a cost-benefit analysis before they do a big rulemaking. So part of their rulemaking is supposed to be a cost-benefit analysis to see if the rule is justified.
In my opinion, that cost-benefit analysis is done in such a way as to be laughable in some cases, to be ludicrous. It is designed to reach a particular result, not designed to be an objective cost-benefit analysis. So we wanted EPA to go back to the drawing board, do a fair and open-ended cost-benefit analysis, not designed to reach a particular conclusion but just designed to truly, objectively compare cost and benefits.
As a result of our discussion, EPA has committed to convene an independent panel of economic experts with experience in whole economy modeling at the macro and micro level. They are going to review EPA's modeling and the agency's ability to measure full regulatory impacts.
That is sort of a bunch of gobbledygook, particularly with whole economy modeling. But that is where we need to do a true cost-benefit analysis, to look at all of the macro impacts, all of the impacts of a rule on the whole economy, not very narrowly defined--the analysis--in order to get to a certain conclusion.
A good example is when they are doing rulemaking, we need to understand the impact on energy prices throughout the entire economy. That is often a huge impact of their rulemaking, particularly in their recent air rulemaking in the so-called war on coal. We need to see how many jobs that really cost us in the whole economy; otherwise, this idea of cost-benefit is not meaningful.
So they have committed to convene this independent panel. This panel will be tasked with making recommendations to the agency so that the EPA does it right; so that it is a significant, objective, meaningful cost-benefit analysis, not just an exercise they have to go through and that they have designed to reach a certain result.
The fifth and final category on which I focused in terms of my discussions with the EPA over the Gina McCarthy nomination was the so- called sue and settle. Sue and settle is a tool the environmental left and their allies at EPA have used with increasing frequency in the last several years--the last 5 years in particular.
When the environmental left wants to reach an objective, what they often do is sue the EPA under environmental legislation and environmental statutes. So they are the plaintiff; the Obama EPA is the defendant. They have a lawsuit. Then after a few months they agree to settle the lawsuit. The judge signs off on it. Usually the judge is more than willing to do that because it gets a big and time-consuming and complicated case out of his hands, off his docket.
What is the matter with that? Well, what is the matter with that is essentially the environmental left and the EPA are on the same side of the issue. They usually agree on the fundamentals of the issue. The folks truly on the other side, who often include stakeholders, landowners, businesses, State and local government, they never have a seat at the table with regard to the settlement.
So this is a behind-closed-doors negotiation, which is one-sided and does not include anyone on the true other side of the issue. It does not include landowners. It does not include other stakeholders. It does not include State and local governments, which are often directly affected, which often have their role in some of these matters taken away.
So we need to make that sue-and-settle process more fair. We need to take the abuse out of it because we discussed this with EPA, and we got the following important concession.
First, to help resolve some of the challenges with lack of public input in closed-door settlement agreements, otherwise referred to as sue and settle, EPA will publish on two Web sites the notices of intent to sue and petitions for rulemaking upon receipt, so at least the world out there will know what is going on at the front end. At least the stakeholders, the landowners, State and local governments, other affected parties will know what is going on.
Secondly, the Web address for the petitions for rulemaking are that, and the web address for the notices of intent to sue is that. It is very important to know this with regard to potential sue-and-settle agreements so that affected parties can begin to have input. They cannot possibly have input if they do not even know there is a discussion going on, and they do not find that out until the final result is announced.
Those are the results of our discussions with EPA. As I said at the beginning, I do not agree with Barack Obama or Gina McCarthy's positions on most of the big issues at EPA, including the war on coal. I do not agree with their actions that are costing millions of jobs around the country, that are increasing significantly the price of American energy. But I am not going to be able to fix that given the last election. President Obama was reelected.
What we attempted to do is talk to EPA about things that we should be able to agree on, things that should be beyond dispute, beyond ideology, beyond argument. That is giving the American people, including their representatives in Congress, full and adequate information about what is going on, having people get the information they deserve, having that give-and-take which is supposed to be there and assured, cleaning up abuses in FOIA, cleaning up abuses in private and hidden and fake e-mail accounts.
Those are abuses that have gone on at EPA for a long time and have been particularly problematic in the last 5 years. Those are the sort of things we are going to fix through these agreements. I think that will get us down the road to having a real discussion about the true facts behind proposed EPA regulations--the true science, the true cost and benefits, and not allowing EPA to do so much that is so important behind closed doors without that full and open discussion of the true facts.
I think it is an important step forward. That is why I agreed, as I promised to at the beginning of the process, to vote for cloture on the Gina McCarthy nomination if we made this important progress. I set that metric. I made that commitment at the beginning of the process. I did not think we would get nearly as far as we did in terms of commitments out of EPA. But since we did, since we made all of that substantive progress, I am certainly going to honor that commitment with regard to the cloture vote.
I yield the floor.