House Passes another Bill to Undermine EPA

(Washington, DC) – Today the House passed H.R. 4012, the Secret Science Reform Act, 237-190. The Majority claims that H.R. 4012 increases EPA’s transparency and accountability by ensuring that its regulations are based on public data that can be verified and reproduced. In reality, H.R. 4012 prevents EPA from functioning effectively and using the best available scientific data—including data that is legally protected from public disclosure. Any effort to limit the scope of science that can be considered by EPA does not strengthen scientific integrity, but undermines it. EPA relies on peer-reviewed scientific research as the backbone of their mission to protect public health and the environment. These research studies often involve personal health information and other confidential data that is legally protected from disclosure. Because clinicians and researchers are legally prohibited from making that data publicly available, if H.R. 4012 became law, then EPA would be forced to ignore this valuable research when attempting to protect the public.

Ranking Member Eddie Bernice Johnson (D-TX) said of the legislation, “Let me be clear. This bill is an attempt to constrain the EPA under the guise of promoting transparency. A diverse set of voices from the scientific, public health, legal, and environmental community agree with me and have criticized this legislation. I have received letters from more than 50 organizations expressing their concern with H.R. 4012, including the American Lung Association, the American Thoracic Society, the American Association for the Advancement of Science, the Union of Concerned Scientists, the Association of Public and Land-grant Universities, the Association of American Universities, the Natural Resources Defense Council, and the Environmental Defense Fund.” To view the letters from organizations expressing concern or opposition to H.R. 4012, click here.

She continued, “Whatever views my fellow Members may have about specific EPA rules and regulations, I would hope that they will see this bill for what it is—a malicious assault on EPA’s ability to protect public health. Limiting, or prohibiting, what science EPA uses as part of its rulemaking would be a consequence of this bill. The American people deserve better.”

Rep. Zoe Lofgren (D-CA) pushed back against Majority rhetoric that this is simply an open data bill. She said, “I have been a longtime supporter of greater transparency and open data in government. In Silicon Valley we believe more data in more hands benefits everybody. But rather than providing the EPA greater authority to release the raw data it uses – this bill reduces the categories of data available to the EPA. It is not an open data bill – it is a data reduction bill. It is a direct attack on American science.”

Rep. Joe Kennedy III (D-MA), stressed the cost of the implementing of H.R. 4012. He said, “Furthermore, CBO and its analysis of the bill made some troubling conclusions. For each scientific study used the EPA could incur additional costs of up to $30,000. If the EPA continues to operate as it does today, this bill could cost taxpayers an additional $1.5 billion every year. So, this bill ensures that the EPA would have to spend more money, to use fewer studies, all without being able to use the best science available.”

Ms. Johnson tried to fix one of the more egregious aspects of the bill – that it could impede EPA’s emergency response activities. She said, “As written, the bill would prevent the EPA from proposing, finalizing, or disseminating risk, exposure, or hazard assessments or guidance based on non-public information. For example, in my hometown of Dallas we had a well-publicized case of a man named Thomas Duncan tragically dying after being infected with the Ebola virus.  After Ebola was identified, great efforts were made to disinfect areas where the gentleman had contact while he was infected with Ebola. Here in my hand is the EPA’s list of disinfectants for use against the Ebola virus.  The EPA disseminates this critically important information on its website.  However, under this bill, the EPA could be prevented from disseminating this type of information because EPA-registered disinfectants are frequently supported by legally protected information or confidential business information.” The amendment was defeated 196-230.

The White House released a Statement of Administration Policy (SAP) on H.R. 4012. In its statement the Administration expresses its strong opposition to the legislation and makes clear that the President’s senior advisors would recommend the President veto the bill if it reached his desk. To view the SAP, click here.