Secret Science Reform Act of 2014

Floor Speech

Date: Nov. 19, 2014
Location: Washington, DC
Issues: Environment

Mr. MASSIE. Mr. Chairman, I rise today in support of H.R. 4012, the Secret Science Reform Act.

Before I came to Washington, I spent 6 years studying science, math, and engineering at MIT. We were taught there and we learned very well that transparency and reproducibility are the basic tenets of science. In fact, one of my favorite things that I learned--and this comes from engineering, where you apply science--is, without facts, all you have is an opinion.

That is what the other side needs to learn today. They are hiding behind this false narrative, unfortunately, that the EPA will be unable to use certain data because they would have to release confidential or private information. This is patently untrue.

Look, the FDA, the CFPB, the Census Bureau, which one of those organizations does not collect data that has sensitive and private information in it? Yet they still use the data. They can still disclose the data, and it is transparent, and we can look at it.

This is a solvable problem. In fact, the National Academy of Sciences, in 2005, said nothing in the past suggests that increasing access to research data without damage to privacy and confidentiality rights is beyond scientific reach.

In fact, Mr. Chairman, I will introduce into the Record a memorandum from the President's own OMB to the executive heads of departments and agencies that encourages more transparency. This is a May 9, 2013, memorandum.

Clearly, we have the same goals with the administration, so I don't understand why the other side is against this. In fact, this memorandum from the President's own OMB says, ``Making information resources accessible, discoverable, and usable by the public can help fuel entrepreneurship, innovation, and scientific discovery--all of which improve Americans' lives and contribute significantly to job creation.''

But are they worried? Are they worried that you can't release data, that you will violate somebody's privacy or confidentiality?

No, they are not. In fact, the President's own OMB Director references the standards that we have. This is what science is about. It is about standards. It is about units of measure. It is about numbers. And we have standards for this. The NIST has standards for guidelines and definitions for releasing data while maintaining confidentiality, integrity, and availability. So they are clearly hiding behind a false narrative.

The EPA Administrator, Ms. McCarthy, said in a March 7, 2014, letter to Congress that the Agency's efforts ultimately resulted in the CDC reaching the conclusion that all of the research data could be provided without the need for de-identification.

So there is really a false narrative here. I don't know how the other side, who purports to be for science--and I am for science, with my background. I don't know how the other side can make these arguments with a straight face.

I would just say the American people would be better served with access to this data. I support the bill.

OFFICE OF MANAGEMENT AND BUDGET,

Washington, DC, May 9, 2013.

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
Subject: Open Data Policy--Managing Information as an Asset
From: Sylvia M. Burwell, Director; Steven VanRoekel, Federal Chief Information Officer; Todd Park, U.S. Chief Technology Officer; Dominic J. Mancini, Acting Administrator, Office of Information and Regulatory Affairs.

Information is a valuable national resource and a strategic asset to the Federal Government, its partners, and the public. In order to ensure that the Federal Government is taking full advantage of its information resources, executive departments and agencies (hereafter referred to as ``agencies'') must manage information as an asset throughout its life cycle to promote openness and interoperability, and properly safeguard systems

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and information. Managing government information as an asset will increase operational efficiencies, reduce costs, improve services, support mission needs, safeguard personal information, and increase public access to valuable government information.
Making information resources accessible, discoverable, and usable by the public can help fuel entrepreneurship, innovation, and scieOFFICE OF MANAGEMENT AND BUDGET,

Washington, DC, May 9, 2013.

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
Subject: Open Data Policy--Managing Information as an Asset
From: Sylvia M. Burwell, Director; Steven VanRoekel, Federal Chief Information Officer; Todd Park, U.S. Chief Technology Officer; Dominic J. Mancini, Acting Administrator, Office of Information and Regulantific discovery--all of which improve Americans' lives and contribute significantly to job creation. For example, decades ago, the Federal Government made both weather data and the Global Positioning System (GPS) freely available to anyone. Since then, American entrepreneurs and innovators have used these resources to create navigation systems, weather newscasts and warning systems, location-based applications, precision farming tools, and much more.

Pursuant to Executive Order of May 9, 2013, Making Open and Machine Readable the New Default for Government Information, this Memorandum establishes a framework to help institutionalize the principles of effective information management at each stage of the information's life cycle to promote interoperability and openness. Whether or not particular information can be made public, agencies can apply this framework to all information resources to promote efficiency and produce value.

Specifically, this Memorandum requires agencies to collect or create information in a way that supports downstream information processing and dissemination activities. This includes using machine-readable and open formats, data standards, and common core and extensible metadata for all new information creation and collection efforts. It also includes agencies ensuring information stewardship through the use of open licenses and review of information for privacy, confidentiality, security, or other restrictions to release. Additionally, it involves agencies building or modernizing information systems in a way that maximizes interoperability and information accessibility, maintains internal and external data asset inventories, enhances information safeguards, and clarifies information management responsibilities.

The Federal Government has already made significant progress in improving its management of information resources to increase interoperability and openness. The President's Memorandum on Transparency and Open Government instructed agencies to take specific actions to implement the principles of transparency, participation, and collaboration, and the Office of Management and Budget's (OMB) Open Government Directive required agencies to expand access to information by making it available online in open formats. OMB has also developed policies to help agencies incorporate sound information practices, including OMB Circular A-130 and OMB Memorandum M-06-02. In addition, the Federal Government launched Data.gov, an online platform designed to increase access to Federal data assets. The publication of thousands of data assets through Data.gov has enabled the development of numerous products and services that benefit the public.

To help build on these efforts, the President issued a Memorandum on May 23, 2012 entitled Building a 21st Century Digital Government that charged the Federal Chief Information Officer (CIO) with developing and implementing a comprehensive government-wide strategy to deliver better digital services to the American people. The resulting Digital Government Strategy outlined an information-centric approach to transform how the Federal Government builds and delivers digital services, and required OMB to develop guidance to increase the interoperability and openness of government information.


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