Mr. Chairman, I thank the gentlelady, my good friend from Texas, and I rise in opposition to this legislation. The bill concerns me, not only about the interference with protection of public health, but also the harm it would do to science…
Mr. Chairman, I thank the gentlelady, my good friend from Texas, and I rise in opposition to this legislation.
The bill concerns me, not only about the interference with protection of public health, but also the harm it would do to science and the science process. In sum, H.R. 4012 would prohibit the EPA from using any scientific studies that are not publicly available and cannot be independently reproduced.
Now, while this sounds virtuous and laudable, it is, at best, a blatant misunderstanding of how scientists operate, of the peer review process, and a violation of health privacy laws and an affront to science.
Now, I see the other side saying, oh, no, it is not a violation of health privacy laws because anything that violates the health privacy laws won't be used. Well, that is the point.
Mr. Chairman, I will enter into the Record a letter from the Federation of American Societies for Experimental Biology, dated November 4, which says, ``the proposed legislation is so broad that it could be used to prevent the implementation of nearly any regulation by the Environmental Protection Agency.''
These are not partisans who are talking about this. These are people who want the science used so that we have good regulations. They are not trying to interfere with EPA's work.
Consider epidemiology. This is the science that investigates the patterns in disease and health, like trying to understand the spread of diseases like Ebola, or in understanding why smoking causes cancer. Now, not surprisingly, collecting these epidemiological data requires getting information that is legally prohibited from disclosure under the health privacy legislation, data about illness and treatment and family history and so forth.
So when H.R. 4012 says EPA must use studies where the information is public, it is saying EPA may not use many, perhaps most, epidemiological studies because the researchers are prohibited legally from making their data publicly available. There is no question that H.R. 4012 strips EPA of
the ability to use the best available science.
Were it to become law, studies that might be used on regulations to keep drinking water safe or to prevent exposure to dangerous pesticides or other chemicals would be null and void.
Let's be honest. The not-so-hidden motivations behind this are to restrict the availability of academic independent science and to strengthen the hand of biased industry input. It is entitled the ``Secret Science Act,'' which is a direct aspersion on science and the peer review process. It suggests that scientists are conspirators in lab coats trying to pull one over and bring in unnecessary regulations.
Everyone wants transparency, reproducibility, accountability. The science community, the publications, the universities, the funding agencies are working on this all the time. They don't need this help, so to speak, from Congress.
Science is a system of progress toward knowing what is right. It is better than the private marketplace or industrial manipulation. Let's let science work.
Federation of American Societies
for Experimental Biology,
Bethesda, MD, November 4, 2014.
Hon. Kevin McCarthy,
House of Representatives,
Washington, DC.
Hon. Nancy Pelosi,
House of Representatives,
Washington, DC.
Dear Majority Leader McCarthy and Minority Leader Pelosi:
The Federation of American Societies for Experimental Biology
(FASEB) would like to express its opposition to H.R. 4012,
the Secret Science Reform Act of 2014. As a federation of 27
scientific and engineering societies, representing more than
120,000 biomedical researchers, we clearly understand and
support the principle that federal regulations must be based
on sound science. We are, however, concerned that the
language of the proposed legislation is so broad that it
could be used to prevent the implementation of nearly any
regulation by the Environmental Protection Agency (EPA) and,
by precedent, lead to similar restrictions on other agencies.
We agree that federal agencies should base regulations on
sound science. However, we are concerned that this
legislation will not increase transparency, and is, in fact,
duplicative of existing policies.
According to a March 9, 2009 Memorandum from the White
House on the subject of Scientific Integrity, ``when
scientific or technological information is considered in
policy decisions, the information should be subject to well-
established scientific processes.'' Additionally, under
Section (d), unless information is prevented from being
disclosed by statute or other regulation, ``an agency should
make available to the public the scientific or technological
findings or conclusions considered or relied on in policy
decisions.'' In accordance with this Memorandum, the EPA has
its own Scientific Integrity Policy. As the policy notes, the
EPA is in compliance with the 2002 Office of Management and
Budget (OMB) Information Quality Guidelines, the 2005 OMB
Information Quality Bulletin for Peer Review, the EPA's
Quality Policy for assuring the collection and use of sound
scientific data, and the EPA's Information Quality Guidelines
for establishing the transparency, integrity, and utility of
information used and published by the agency. This extensive
and comprehensive set of regulations more than ensures that
the science upon which EPA bases regulations is of the
highest technical merit, transparent, and reproducible.
Steps to enhance and put back transparency across all
disciplines of science are already underway at several other
federal agencies. For instance, the National Institutes of
Health (NIH) is developing a training module for graduate
students to enhance experimental design to increase the
reproducibility and transparency of research findings.
Funding agencies, including NIH and the National Science
Foundation, require inclusion of data management plans as
part of the grant application. These efforts enhance work
already being done by the agencies to ensure the
transparency, availability, and reproducibility of data
produced by federally-funded research.
As working scientists, we are dedicated to the open
circulation of our work, much of which is funded by federal
agencies that require dissemination, including the EPA, NIH,
the National Science Foundation and the Department of Energy.
We are equally committed to seeing that our research results
contribute to the good of the Nation, including the quality
of its environment and the health of its people. Establishing
unreasonably broad and burdensome requirements for the
implementation of already well-supported regulations, as H.R.
4012 appears to do, could weaken the scientific foundations
of government policy, contrary to the stated goals of the
bill.
For these reasons, FASEB opposes the Secret Science Reform
Act in its present form.
Sincerely,
Joseph R. Haywood, PhD,
FASEB President.