Senators question NAS perchlorate panel's impartiality

[Lenny Siegel <lsiegel@cpeo.org>]

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FOR IMMEDIATE RELEASE:     Contact:  David Sandretti, Sen. Boxer
May 14, 2004                                Howard Gantman, Sen. Feinstein

BOXER AND FEINSTEIN CONCERNED ABOUT IMPARTIALITY OF NATIONAL ACADEMY OF
SCIENCES PERCHLORATE COMMITTEE

Washington, D.C.- California's two United States Senators today raised
concerns about the impartiality of two of the members of the National
Academy of Sciences (NAS) Committee that is assessing the health
implications of perchlorate exposure. 

In a letter to NAS President Bruce Alberts, Senators Barbara Boxer and
Dianne Feinstein said that "records indicate that a financially
interested party has funded two of the committee scientists, Dr. Richard
Bull and Dr. Charles Capen. Dr. Bull's conflicts of interest were
partially acknowledged only due to external pressure. Dr. Capen's
reported relationship with Lockheed Martin remains unnoted. This raises
serious issues about NAS review of conflict of interest, bias, and
balance for this panel."

The Senators went on to say that even the "appearance of conflict of
interest or bias undermines NAS's credibility," and asked that NAS
"fully investigate and disclose and potential conflicts of interests of
any panel member immediately." 

Attached please find a copy of the Senators' letter to NAS President
Bruce Alberts:

May 14, 2004

Bruce Alberts President, National Academy of Sciences Chairman, National
Research Council 2101 Constitution Avenue NW Washington, DC 20418

Dear Dr. Alberts:

We are concerned by an apparent violation of rules governing conflict of
interest, bias and balance in the appointment of scientists to the
National Academy of Sciences' (NAS) Committee to Assess the Health
Implications of Perchlorate. It is critical that NAS scientific
evaluations fairly and objectively reflect the state of science. The
appointment of individuals with a conflict of interest undermines the
Academy's credibility and violates the Federal Advisory Committee Act, 5
U.S.C. App. 2 §15(b)(1). FACA charges NAS with avoiding conflicts of
interest (except in narrow circumstances not applicable here), and with
assuring committee balance. NAS policies also require that the Academy
avoid persons with strong bias.

As you know, the widespread contamination of drinking water sources by
perchlorate is a significant problem in California and throughout the
nation. Perchlorate dissolves easily, moves quickly, and persists
indefinitely. Even at low concentrations, perchlorate poses serious
health threats, including impaired physical and brain development in
fetuses and newborns. More than 20 million Americans in 24 states drink
perchlorate contaminated water, and contamination is suspected in 19
other states. Because of this widespread contamination and public
interest in perchlorate, it is especially important that NAS avoid any
action that could cast doubt on the objectivity of its study.  

EPA published its first draft proposed reference dose (RfD) for
perchlorate in 1992, and its most recent draft perchlorate RfD in
January 2002 with a recommended RfD of 1 ppb (part per billion). This
voluminous proposal examined decades of data and hundreds of studies. At
the time, EPA said it would finalize a tap water standard for
perchlorate by the end of 2002.

Instead of finalizing a standard, the administration has asked for
further study. NAS is currently evaluating studies underlying EPA's 2002
proposal. The committee has met several times, but it appears that
critical information relating to conflicts of interest was not
adequately disclosed or considered. Records indicate that a financially
interested party has funded two of the committee scientists, Dr. Richard
Bull and Dr. Charles Capen. Dr. Bull's conflicts of interest were
partially acknowledged only due to external pressure. Dr. Capen's
reported relationship with Lockheed Martin remains unnoted. This raises
serious issues about NAS review of conflict of interest, bias, and
balance for this panel.

We cannot overstate the importance of impartiality at the NAS. Even an
appearance of conflict of interest or bias undermines NAS's credibility.
We ask that you fully investigate and disclose any potential conflicts
of interest of any panel member immediately. Any individual with a
conflict of interest or strong bias in contravention of federal law or
NAS guidelines must step down to ensure scientific integrity. Thank you
for your prompt attention to this critical issue.

Sincerely,

Barbara Boxer                 Dianne Feinstein 
United States Senator      United State Senator 

-- 


Lenny Siegel
Director, Center for Public Environmental Oversight
c/o PSC, 278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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