Mr. Speaker, I yield myself such time as I may consume. I rise in strong opposition to H.R. 1430, the so-called HONEST Act. This is the third time the majority has tried to move this misguided legislation, which was formerly known as the…
Mr. Speaker, I yield myself such time as I may consume.
I rise in strong opposition to H.R. 1430, the so-called HONEST Act. This is the third time the majority has tried to move this misguided legislation, which was formerly known as the Secret Science Reform Act.
Unfortunately, in this case, the third time is not the charm. The Secret Science bills that the Republicans tried to enact over the previous two Congresses were insidious bills designed, from the outset, to prevent the EPA from using the best available science to meet its obligations under the law. Those bills were constructed to hamstring the ability of the EPA to do just about anything to protect the American public.
As the American Lung Association said at the time: ``The legislation will not improve EPA's actions; rather, it will stifle public health protections.''
The HONEST Act, if anything, is even worse than those two previous bills. There are several reasons for this. Like the prior Secret Science bills, the HONEST Act requires the EPA to release the underlying data from any science that is relied upon when taking action. This would cause a host of cascading problems for the Agency, which is, of course, the real reason they are pushing this bill.
First, the EPA relies upon science drawn from many sources. Since EPA does not own or control the data for most of these scientific sources, the EPA would have no authority to order the public release of such data. This would preclude the EPA from using the vast majority of peer- reviewed science in existence today.
Second, under the HONEST Act, scientific studies relied upon by the EPA must be reproducible from the data that is publicly released. However, the EPA frequently investigates and relies upon scientific studies that are inherently not reproducible.
For instance, the EPA might study natural or manmade environmental disasters, such as the Deepwater Horizon oil spill, to better understand the effects on the environment and to improve disaster response. Under this bill, the EPA couldn't use this type of information at all.
These problems with the legislation were apparently not enough for my Republican colleagues. They have worked hard to make the bill even worse this Congress. The newest addition to the bill would permit the EPA to redact from public disclosure confidential information, such as trade secrets and public health information. However, the bill then sets up an unrestricted process whereby anyone who signs a confidentiality agreement can access any restricted information in the EPA's possession.
This provision is a Pandora's box, which could have untold consequences for the EPA, industry, and the general public. First, the EPA will find it much more difficult to collect scientific data in the first instance if people think it will be disclosed at will. This will cripple the EPA's ability to conduct their own science, which is important since the rest of the HONEST Act essentially places all non- EPA science off limits.
This provision is also in direct conflict with any number of other Federal laws, like the Freedom of Information Act, and HIPAA. The bill provides no guidance to the Agency on how to navigate the minefield it creates, which will surely lead to a morass of lawsuits and legal bills for the EPA.
Finally, this provision places no restrictions on who can access restricted information. For instance, could a chemical manufacturer obtain access to the trade secrets of a competitor simply by signing a confidentiality agreement? Could insurance companies seek the health information of potential customers?
The potential for abuses with this provision are endless.
In a day and age when the most valuable commodity on the black market is personal information and trade secrets, it is unconscionable that we are providing an easily accessible source for criminals around the world.
Finally, the HONEST Act also foists upon the EPA a massive unfunded mandate. While we have no CBO cost estimate for this bill, prior versions were estimated to cost the EPA $250 million per year. However, the bill restricts the EPA to spending only $1 million to implement its provisions. In essence, this hits the EPA with a $249 million unfunded mandate every year.
If that were not bad enough, this bill comes in the face of massive proposed budget cuts to the EPA's science program by the Trump administration.
Mr. Speaker, Republicans claim that this bill is just implementing scientific's best practices. It is odd, then, that a host of scientific societies and science stakeholder groups have expressed their opposition to this legislation. This includes the American Association for the Advancement of Science, the Association of Public and Land- grant Universities, the Association of American Universities; and the American Chemical Society.
If Republicans don't want to be labeled as flat-Earth science haters, I think they would want to listen to what scientists say instead of lecturing them about things they don't understand.
In reality, this bill isn't about science. It is about undermining public health and the environment. That is why a host of public health and environmental groups are actively opposing the bill. This includes, among others, the American Lung Association, the American Thoracic Society, the American Public Health Association, the Union of Concerned Scientists, and the Environmental Defense Fund.
Mr. Speaker, I include in the Record some of the letters I received in opposition.
March 27, 2017.
Dear Representative: The undersigned health and medical
organizations are writing to express our opposition to the
EPA Science Advisory Board Reform Act of 2017 and the Honest
and Open New EPA Science Treatment Act of 2017. Our
organizations are dedicated to saving lives and improving
public health.
Science is the bedrock of sound medical and public health
decision-making. The best science undergirds everything our
organizations do to improve health. Under the Clean Air Act,
EPA has long implemented a transparent and open process for
seeking advice from the medical and scientific community on
standards and measures to meet those standards. Both of these
bills would restrict the input of scientific experts in the
review of complex issues and add undue industry influence
into EPA's decision-making process.
As written, the EPA Science Advisory Board Reform Act would
make unneeded and unproductive changes that would:
Restrict the ability of scientists to speak on issues that
include their own expertise;
Block scientists who receive any EPA grants from serving on
the EPA Scientific Advisory Board, despite their having the
expertise and conducted relevant research that earned them
these highly competitive grants;
Prevent the EPA Scientific Advisory Board from making
policy recommendations, even though EPA administrators have
regularly sought their advice in the past;
Add a notice and comment component to all parts of the EPA
Scientific Advisory Board actions, a burdensome and
unnecessary requirement since their reviews of major issues
already include public notice and comment; and
Reallocate membership requirements to increase the
influence of industry representatives on the scientific
advisory panels.
In short, EPA Science Advisory Board Reform Act would limit
the voice of scientists, restrict the ability of the Board to
respond to important questions, and increase the influence of
industry in shaping EPA policy. This is not in the best
interest of the American public.
We also have concerns with the HONEST Act. This legislation
would limit the kinds of scientific data EPA can use as it
develops policy to protect the American public from
environmental exposures and permit violation of patient
confidentiality. If enacted, the legislation would:
Allow the EPA administrator to release confidential patient
information to third parties, including industry;
Bolster industry's flawed arguments to discredit research
that documents the adverse health effects of environmental
pollution; and
Impose new standards for the publication and distribution
of scientific research that go beyond the robust, existing
requirements of many scientific journals.
Science, developed by the respected men and women
scientists at colleges and universities across the United
States, has always been the foundation of the nation's
environmental policy. EPA's science-based decision-making
process has saved lives and led to dramatic improvements in
the quality of the air we breathe, the water we drink and the
earth we share. All Americans have benefited from the
research-based scientific advice that scientists have
provided to EPA.
Congress should adopt policy that fortifies our scientists,
not bills that undermine the scientific integrity of EPA's
decision-making or give polluters a disproportionate voice in
EPA's policy-setting process.
We strongly urge you to oppose these bills.
Sincerely,
Katie Huffling, RN, CNM,
Director, Alliance of Nurses for Healthy Environments.
Harold P. Wimmer,
National President and CEO, American Lung Association.
Georges C. Benjamin, MD,
Executive Director, American Public Health Association.
Stephen C. Crane, Ph.D., MPH,
Executive Director, American Thoracic Society.
Cary Sennett, MD, Ph.D., FACP,
President & CEO, Asthma and Allergy Foundation of America.
Paul Bogart,
Executive Director, Health Care Without Harm.
Richard Allen Williams, MD,
117th President, National Medical Association.
Jeff Carter, JD,
Executive Director, Physicians for Social Responsibility.
Mr. Speaker, for the many reasons I have spoken about today, I strongly oppose this legislation, and I reserve the balance of my time.
Mr. Speaker, I yield 1 minute to the gentlewoman from Minnesota (Ms. McCollum).
Mr. Speaker, I yield 2 minutes to the gentleman from Virginia (Mr. Beyer), the vice ranking member of the full committee and ranking member of the Science, Space, and Technology's Subcommittee on Oversight.
Mr. Speaker, I yield 4 minutes to the gentlewoman from Connecticut (Ms. Esty).
Mr. Speaker, I yield 3 minutes to the gentleman from New York (Mr. Tonko).
Mr. Speaker, I yield 3 minutes to the gentleman from Colorado (Mr. Perlmutter).
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I have no further requests for time, and I reserve the balance of my time.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, since the time that President Nixon signed into law authorizing the EPA, it appears to me that there has been no evidence that they have done anything other than attempt to protect the lives of the American people. I don't believe that this legislation is going to do anything to further that.
It will give them a lot of unfunded mandates, far more than what they would ever be funded to carry out. I would ask everyone to respect the Agency and vote ``no'' on the bill.
Mr. Speaker, I yield back the balance of my time.