ALTIMORE, May 7 A
Bush administration policy to base some regulations on a calculation
that the life of each person older than 70 should be valued less
than the life of a younger person has antagonized older Americans
and environmental groups, and it has stirred tensions among federal
agencies.
Instead of the traditional assumption that all lives saved from
cleaner air are worth the same, administration officials in two
environmental studies included an alternative method that used two
values, $3.7 million for the life a person younger than 70 and $2.3
million for an older person, a 37 percent difference.
Critics call the policy the "senior death discount" and say the
administration is turning on older Americans as a rationale to
weaken environmental regulations.
Today, Christie Whitman, administrator of the Environmental
Protection Agency, said her agency had never applied the policy in
its decision making and never would.
"The senior discount factor has been stopped," Mrs. Whitman told
reporters at a meeting here. "It has been discontinued. E.P.A. will
not, I repeat, not, use an age-adjusted analysis in decision
making."
John D. Graham, the regulations administrator at the Office of
Management and Budget who has been the champion of the policy, said
the calculation would not be used because it was based on an old
study. Dr. Graham insisted he was committed to the principle of
analyzing how many years of life would be added by a particular
measure, not simply the number of lives.
He has proposed that all agencies' cost-benefit calculations
include the "life expectancy" method and the simpler "statistical
lives" approach.
"My instinct has always been to present policy makers and the
public with both perspectives, so you can get a sense of the
difference," he said.
The life-expectancy approach could bolster the case for health
measures that benefit children, Dr. Graham said, and in some cases
it could help the elderly.
"It can distinguish a regulation that may extend senior citizens'
life by 5 or 10 years, compared to a regulation that will extend
their life by only one year," he said.
A spokesman for the Office of Management and Budget, Trent Duffy,
made clear that in considering the cost-benefit calculations the
administration should not be seen as insensitive.
"The Bush administration's commitment to human life should not be
questioned," Mr. Duffy said. "The Bush administration has been
aggressive in protecting human life of all ages, from extending
prenatal care benefits for pregnant women to filing a friend of the
court brief against euthanasia in Oregon."
The life-expectancy analysis, intended to identify policies that
would add the most years to people's lives, also accompanied two
cost-benefit analyses at the E.P.A., as well as at other agencies in
the Clinton administration. Critics say it has been used more
aggressively under the leadership of Dr. Graham, a bête noire of
environmentalists who has been urging rigorous cost-benefit analyses
for all federal agencies.
For more than a month, the elderly and environmental groups have
protested at hearings on the relatively arcane cost-benefit
methodology. The "death discount" debate offers a window on tensions
between Ms. Whitman's agency and Dr. Graham's, tensions worsened by
Dr. Graham's broad power and authority. At stake are billions of
dollars and thousands of lives as the government weighs the
costs of regulating pollution against the benefits to health and the
environment.
Environmentalists say the problem with Dr. Graham's approach is
that it inflates the costs of regulations and diminishes the
perceived benefits, making it easier for the administration to
propose a relaxation of rules.
Carol M. Browner, the E.P.A. administrator in the Clinton
administration, said that under the traditional method a particular
air pollution regulation was shown to have benefits of $77 billion
but that the life-expectancy method, along with other more
conservative assumptions, would lower the benefits, to $8 billion.
"They are adjusting the calculations to say that the benefits of
less pollution are much lower," Ms. Browner said.
Although similar analyses were conducted when she was
administrator, she said, no decisions were based on them.
Dr. Graham, founder of the Harvard Center for Risk Analysis, said
the life-expectancy analysis was being used merely to provide extra
guidance, not set policy. He noted that the Food and Drug
Administration had used it for nearly a decade.
Other experts said that moral and practical reasons gave priority
to policies to protect younger people because those policies add the
most years of life, but that those arguments were not easy for
politicians to make when confronting elderly voters.
In an interview, Dr. Graham said the $1.4 million difference was
not longer considered valid because it was based on outdated studies
in England and Canada that were not relevant here. He insisted that
the overall approach was valid and would be a factor in decision
making at the E.P.A. and elsewhere.
Asked outside the meeting whether it was the elderly and
environmentalists' protests that had prompted her to change her mind
about the policy, Mrs. Whitman said: "It was never a question of
changing our minds. We weren't the ones who . . . "
Mrs. Whitman said her agency's officials did not want to base any
of their decisions on life-expectancy analysis.
"We are more comfortable with the traditional methodology we've
been using because it has been peer reviewed, it's what we've been
using right along, and a lot of environmental economists would say
that is the more appropriate methodology to use," she said. "This
life-span one is fine if you're talking about medical
determinations. Does it make more sense to give scarce lung
transplants to someone 75 or someone 17? That's when they use the
life expectancy. But we don't think that that's as appropriate for
the work that we do."
Representatives of environmental groups at the meeting today said
Mrs. Whitman's announcement quelled critics who were going to speak
against it. They were not impressed with her announcement, saying,
as John Stanton, an air expert with the National Environmental
Trust, put it, "She was as clear as mud."
Mrs. Whitman, however, acknowledged that Dr. Graham's method
would still accompany her agency's studies, including those on
President Bush's "Clear Skies" proposal.
Those methods, with higher costs and lower benefits, would be
available to members of Congress.
Environmentalists said if the agency was not using the
life-expectancy method, it should expunge it. Milton C. Weinstein, a
professor at the Harvard School of Public Health and a pioneer of
life-expectancy analysis, said it had become routine among medical
researchers but still aroused controversy.
"There's an equity argument that every citizen should be entitled
to an equal claim on resources and shouldn't be penalized for the
fact that they've lived a larger portion of their life span,"
Professor Weinstein said. "But you can never save a life. You can
only prolong it. When you give medical treatment or make the
environment safer, the relevant question is how much of a life you
can save. Most people, if given the choice between applying
resources to save a 10-year-old or a 70-year-old, would choose the
10-year-old."
Many environmentalists have been skeptical of cost-benefit
analyses and have accused Republicans of using them as an excuse not
to regulate polluting industries and other environmental hazards.
They spoke out against the appointment of Dr. Graham, one of the
most prominent experts in regulatory cost-benefit analysis.