Epa Science Advisory Board Reform Act Of 2013
Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I rise in opposition to H.R. 1422, the EPA Science Advisory Board Reform Act. I thank my colleagues, Mr. Smith and Mr. Schweikert, for their intention to improve the…
Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in opposition to H.R. 1422, the EPA Science Advisory Board Reform Act. I thank my colleagues, Mr. Smith and Mr. Schweikert, for their intention to improve the EPA's Science Advisory Board, and I thank them for working with me on other legislation that passed the Science Committee in the House on a bipartisan basis. It is unfortunate that we could not be repeating that bipartisan collaboration today.
My colleagues who support H.R. 1422 may describe this bill as an attempt to strengthen public participation in EPA's scientific review process, improve the process for selecting expert advisers, expand transparency requirements, and limit nonscientific policy advice within EPA's Science Advisory Board. All of these are good government principles that I agree with.
If this bill achieved those goals, I would be here today supporting it. However, on close examination of its provisions, H.R. 1422 would not achieve these good government goals. Instead of improving the Science Advisory Board structure or operation, the bill before us today will likely limit the quality of scientific advice the EPA receives and further delay EPA's regulatory process.
H.R. 1422 would make it easier for industry representatives to serve on a board, even if they have a financial conflict of interest. To be clear, and this is something with which I trust my Republican colleagues would agree, I am not opposed to industry experts participating on the Science Advisory Board or in the peer-review process at the EPA. In fact, their insight into processes and industry can provide valuable guidance to an advisory body.
That being said, Congress should not be endorsing legislation that undermines longstanding ethics requirements and practices with the end result being an overrepresentation of industry voices on EPA's Science Advisory Board, and that is likely to be the result of this bill today.
At the same time this bill eases the way for more industry members, the act also makes it difficult, if not impossible, for the best and brightest from academia to serve because it would exclude from the board anyone who has participated in activities that were even indirectly reviewed by the EPA.
This provision would disqualify some of the most qualified scientists because academic researchers frequently need to compete for research funds from the Federal Government, and that includes the EPA.
Additionally, it appears H.R. 1422 would also significantly delay the work of the Science Advisory Board with new provisions that would require written responses to significant public comments following new public information-gathering sessions, a requirement that is duplicative because the board meetings are already open to the public and have time set aside for public comment. These provisions would simply result in more work without more resources and unlimited time to halt, derail, or slow EPA actions.
Finally, this bill sets a quota for membership on the Scientific Advisory Board from State, local, or tribal governments, which could very well mean that more qualified experts would not be able to serve.
EPA's science is tied to its mission, to protect public health and the environment through rational regulation. Scientific research, knowledge, and technical expertise are fundamental to EPA's mission and inform its regulatory functions.
The need for that expertise is why Congress created advisory bodies such as the Science Advisory Board in the first place, to provide independent advice on the science underpinning regulation, which in turn allows the EPA Administrator to make sound regulatory decisions.
Instead of undermining the scientific advice EPA receives, we should be giving the Agency the tools they need to strengthen and improve the regulatory process with sound science.
In closing, I want to again thank my colleagues, Mr. Stewart and Mr. Schweikert, for their efforts.
This bill does not do what it needs to do. I want to quote from a letter I received from a coalition of organizations, including Physicians for Social Responsibility, Clean Water Action, and more. The letter states:
The bill shifts the current presumption against including
people with financial conflicts on SAB panels . . . The
bill's provisions are inconsistent with a set of nearly
universally accepted scientific principles to eliminate or
limit financial conflicts.
I agree with this assessment of H.R. 1422, and I urge my colleagues to join me in opposing this bill.
With that, Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, I yield myself such time as I may consume.
Before I yield, I will place into the Record letters from various groups opposed to this bill, including the Union of Concerned Scientists, Natural Resources Defense Council, and Physicians for Social Responsibility, among many others.
In addition, I will place into the Record the Administration's Statement of Administration Policy on the bill threatening a veto if the bill were to pass.
Union of Concerned Scientists,
Cambridge, MA, November 17, 2014.
Dear Representative: The Union of Concerned Scientists
strongly opposes the EPA Science Advisory Board Reform Act of
2013, H.R. 1422, set to be voted on by the House as early as
November 18. This bill will cripple the Environmental
Protection Agency's ability to protect public health informed
by the best available science.
When he discussed his proposal last year, Rep. Chris
Stewart (UT) revealed the real purpose of his bill. He
attacked the Environmental Protection Agency (EPA) for
``promulgating air quality regulations that could shut down
large swaths of the West, undertaking thinly veiled attacks
on the safety of hydraulic fracturing, or pursuing job-
killing climate regulations. . . .''
This proposal will make it nearly impossible for the Board
to do the crucial independent evaluations of EPA scientific
analyses that enable the agency to protect public health.
This bill opens the door for more corporate influence on the
Board, because the bill directly stipulates that experts with
financial ties to corporations affected by SAB assessments
are ``not excluded.'' This signal likely will increase the
number of conflicted SAB panelists empowering companies to
delay the SAB's work for years, if not decades. It strikes at
the heart of the whole concept of independent reviews, and at
a time when the ability of corporations to influence policy
is already high.
At the same time this bill encourages corporate experts to
join the SAB, it creates roadblocks for academic experts to
meaningfully participate by banning experts' participation in
``advisory activities that directly or indirectly involve
review and evaluation of their own work.'' This effectively
turns the idea of conflict of interest on its head, with the
bizarre presumption that corporate experts with direct
financial interests are not conflicted while academics who
work on these issues are.
The notion that a member of the SAB cannot participate in a
discussion that cites the member's own work is
counterproductive and goes far beyond the common-sense limits
imposed by the National Academies. Of course, a scientist
with expertise on topics the Science Advisory Board addresses
likely will have done peer-reviewed studies on that topic.
That makes the scientist's evaluation more valuable, not
less.
The bill offers almost limitless opportunities for public
comment, opportunities that only benefit moneyed special
interests. For example, for each major advisory activity, the
Board must convene a public information-gathering session
``to discuss the state of the science'' related to that
activity.
It is possible, under this requirement, that the Board may
find itself repeatedly reexamining ``the state of the
science'' on climate change or the harmful effects of certain
toxins--each time it made an assessment that touched on
either climate change impacts or reducing air pollution.
In addition, both the EPA, before it asks for the Board's
advice, and the Board itself, would be required to ``accept,
consider, and address'' public comments on the agency's
questions to the Board. As the SAB deliberates, it must also
encourage public comments ``that shall not be limited by an
insufficient or arbitrary time restriction.'' In effect,
these provisions turn a scientific evaluation into a public
hearing, even though EPA must already accept public input on
all its regulations.
The Board is required to respond in writing to each
``significant'' comment. In practice, it is difficult to see
how the Board could impose any deadlines on accepting
comment. Nor is it a reasonable expectation on the Board's
membership of pro bono experts.
The nonpartisan Congressional Budget Office estimates that
implementing the law's mandates will cost the EPA about $2
million over a four-year period. These are funds that could
be put to much better use by a cash-strapped agency.
This bill would not improve the work of the Board, and
would make it more difficult for the EPA to receive the
independent science advice it needs to do its work. We
strongly urge your opposition.
Sincerely,
Andrew A. Rosenberg, Ph.D.,
Director, Center for Science and Democracy, Union of
Concerned Scientists.
Mr. Speaker, I yield 6 minutes to the gentlewoman from Texas (Ms. Eddie Bernice Johnson), the ranking member of the Science Committee.
Mr. Speaker, before I yield to the gentleman from California, I just want to respond that, certainly, we on this side of the aisle agree with
the goal of transparency. However, transparency does not mean letting industry, people with a financial interest, serve by disclosing it. That is not what transparency means.
Mr. Speaker, I yield 4 minutes to the gentleman from California (Mr. Bera), who is not only a physician but a great member of the Science Committee.
Mr. Speaker, at this point in time I am happy to yield 4 minutes to the gentleman from New Jersey (Mr. Holt). I also want to mention that not only is Mr. Holt a scientist and a great Member of Congress but also has been named, starting in February of 2015, the new CEO of the American Association for the Advancement of Science.
Mr. Speaker, I yield myself such time as I may consume.
I just want to respond, with all due respect, to my colleagues who are promoting this bill and asking for balance.
On the contrary, what this bill achieves is not balance because, as explained, under this bill, people who are employed by the industry with a financial conflict of interest can serve as long as they disclose their conflict.
That is in contrast to current practice, which is biased, which is balanced by membership, but people with financial conflicts of interest do not currently serve on this Science Advisory Board.
Just to clarify, it isn't just that people who are employed by industry with a financial conflict of interest will be able to serve; under this bill, people who receive some type of grant cannot participate.
Now, just to clarify, these are not government employees. These are employees of research institutions, universities, who may have received some government grant funding. They are not employed by the government. They are not government employees, and that is a big distinction. They are not beholden to any particular government agency, so that is the big difference.
I agree that we should have balance and transparency, but unfortunately, this bill takes us in the wrong direction.
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 yield myself such time as I may consume.
The bill before us today does undertake the laudable goal of improving transparency at the EPA.
However, as I stated previously and as my colleagues mentioned, this bill, as written, does not accomplish that goal; instead, H.R. 1422 will increase the influence of industry on EPA decisionmaking, including industry members with a financial conflict of interest, while reducing the role of qualified academic researchers in helping to guide regulatory action that is based on sound science.
The Union of Concerned Scientists said:
At the same time, this bill encourages corporate experts to
join the SAB. It creates roadblocks for academic experts
to meaningfully participate by banning experts'
participation and advising activities that directly or
indirectly involve review and evaluation of their own
work.
This effectively turns the idea of conflict of interest on
its head with the bizarre presumption that corporate experts
with direct financial interests are not affected, while
academics who work on these issues are.
Breast Cancer Action wrote:
This bill's overly broad restriction, that a member of the
SAB cannot participate in a discussion that cites the
member's own work, is counterproductive and goes far beyond
the commonsense limits imposed by the National Academies.
Of course, a scientist with expertise on topics that SAB
addresses likely will have done peer-reviewed studies and
other work on that topic. That makes the scientist's
evaluation more valuable, not less.
Mr. Speaker, we can and should work together to improve EPA's approach to reviewing the science underpinning regulations, but this legislation will only damage and delay the process and not bring us the transparency my colleagues seek.
I urge my colleagues to vote ``no'' on this legislation, and I yield back the balance of my time.