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Senate Advances "Secret Science" Bill, Sets Up Possible Showdown With President

sciencehabit writes: Republicans in Congress appear to be headed for a showdown with the White House over controversial "secret science" legislation aimed at changing how the Environmental Protection Agency (EPA) uses scientific studies. A deeply divided Senate panel yesterday advanced a bill that would require EPA to craft its policies based only on public data available to outside experts. The House of Representatives has already passed a similar measure. But Democrats and science groups have harshly criticized the approach, and the White House has threatened a veto.

28 of 355 comments (clear)

  1. Toad by For+a+Free+Internet · · Score: 4, Insightful

    Secret toad controls Congreff. Secret toad has poison webs in its eyes. Secret toad is behind all NATO exercises and World Bank. Secret toad controls air with secret toad poison rays and mind controff.

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  2. Why is this even a debate? by Anonymous Coward · · Score: 5, Insightful

    Making decisions based on research that can't be independently validated or audited is the very definition of junk science. I mean, I know that the pay journals would love to see open access go away, but that's just their flawed business model talking.

    1. Re:Why is this even a debate? by mi · · Score: 1, Insightful

      The sad part is that such an obvious question had to be asked. The saddest is that it had to be asked anonymously...

      --
      In Soviet Washington the swamp drains you.
    2. Re:Why is this even a debate? by Darinbob · · Score: 4, Insightful

      EPA is not necessarily a science creating organization, it's a policy creation and enforcement organization. It doesn't necessarily have to have solid science established and well accepted before it is allowed to make regulation. It gets input from many sources, some of which are lies, and then forms a policy. Under some administrations it errs on the side of caution, and with other administrations it errs on the side of profit.

      As in, there is evidence that chemical A may cause cancer or is killing off some fisheries. One side wishes that to be enough to limit use of chemical A or to require safety measures against spills. The other side wishes to continue using chemical A until there is absolutely undeniable proof (which will never occur). But the EPA is not creating the science here, instead it is acting in the public's interest based upon existing scientific studies and evidence.

    3. Re:Why is this even a debate? by mi · · Score: 5, Insightful

      I've read it.

      So cite the parts you find offensive...

      The Conservatives are happy to kill innocents

      Bravo! This sentence alone explains everything about you. Very well put, except for one minor nit: In such context, the word is spelled KKKonservatives. Otherwise perfect.

      Or you don't know how studies are done.

      I do. And one of the requirements for a scientific finding, is that it be reproducible .

      --
      In Soviet Washington the swamp drains you.
    4. Re:Why is this even a debate? by Cytotoxic · · Score: 4, Insightful

      I know that is the talking point they've decided to go with, but it simply isn't true. I ran the lab for an 8 center trial covering nearly 9,000 cancer patients. We didn't get any personally identifying data - just a number. (unless the nurse of phlebotomist made a mistake and wrote the patient name on the vial). Our couple-million data points were all tied to a number. The number tied back to a list of data about the patient - not including anything personally identifying.

      I can't speak for every research situation, but claiming that medical research requires violations of patient confidentiality is specious. It clearly does not in most cases. I suppose if you were studying something rare like breast cancer among post-operative transgendered males you might run into some difficulties with identities being discoverable, but I don't think that's enough to claim the whole thing to be null and void.

    5. Re: Why is this even a debate? by Anonymous Coward · · Score: 2, Insightful

      As a government body responsible for regulation we should be requiring transparency. Any studies commissioned with public funding should be available to the public.

      I am not sure how anyone can seriously advocate that a government regulatory body be exempt from explaining its decisions that affect the public.

      When you decide you don't need to ask questions about their sources just because their conclusions align with what you already believe, that is bias.

      Imagine if under the next administration the EPA reversed its position on climate change. Those opposing this would certainly be the first demanding evidence and an explanation, not simply accepting "Haliburton completed the research, and their data isn't publicly available, sorry."

  3. Don't single out EPA by confused+one · · Score: 5, Insightful

    If they're going to create such a rule for EPA, then it should also apply to NIH, FDA, DOE, and so on. If they don't make it universal, then they're showing an obvious bias and clearly pushing an agenda which is attempting to influence specific science.

    1. Re:Don't single out EPA by Chalnoth · · Score: 4, Insightful

      Except that it's often surprising how easy it is to de-anonymize data. I would definitely not want my medical data made public, even with anonymization, because I know that some clever person may later come up with a way to link my identity to my medical data using a method that the original researchers never considered.

      As for temperature data, the nice thing there is that we have independent data sets. For temperature records, for example, we have satellite measurements which are fully public.

      In actuality, this restriction would have essentially zero impact on the scientific conclusions: it's just a way to attempt to block action on climate change. People could say, "But hey, some fraction of this data was gleaned from private sources," and use that as an attempt to throw out the whole thing, despite the fact that removing the private data doesn't change the overall conclusion.

  4. The all-or-nothing fallacy by mi · · Score: 2, Insightful

    If they're going to create such a rule for EPA, then it should also apply to NIH, FDA, DOE

    You have to start somewhere.

    If they don't make it universal, then they're showing an obvious bias

    Even if there is such a bias, what of it? It is not like imposing this rule on the EPA today would prevent imposing it on other departments/agencies later.

    Besides, the opponents of the idea do not oppose it on the grounds, that it is not going far enough. Obama is not saying:"I will veto this bill unless the rule covers the entire federal government! No way, no how!!"

    --
    In Soviet Washington the swamp drains you.
    1. Re:The all-or-nothing fallacy by sumdumass · · Score: 4, Insightful

      Requiring them to publish the "science" they are basing their rulings on is influencing science?

      Yes, it is influencing the science.

      If you know what they know, you can check the science, if it is bad science, you can correct it. If it is good science, you can improve it. If you cannot improve it, you can accept it and champion it. And when you make your science available to others to do the same, the EPA can then use it too. See how all that influence is possible?

      The argument against influencing the science is essentially- stay out of this because we want it to mean what we want it to mean so we can justify doing what we want to do.

      Many people will ignore this reality and focus on politics- those evil republicans only want to stop the EPA from doing what we want them to do. To them, it is not about the science, it is about doing what they want the EPA to do.

    2. Re:The all-or-nothing fallacy by PopeRatzo · · Score: 5, Insightful

      I'm in favor of having information publicly available (for all departments, not just the EPA) and the argument about policy being made on secret information is compelling.

      The composition of the toxic cocktail that's used in horizontal fracturing is kept away from the public because it's a "trade secret". Do you believe the EPA should not be able to restrict the high-pressure injection of toxic chemicals into the aquifer because the information isn't "public"?

      Or are people going to have to be able to strip paint with their drinking water before they'll be able to find out what's in it? Because freedom?

      I'm in favor of having information publicly available (for all departments, not just the EPA)

      Look, I'm a big fan of Edward Snowden and Chelsea Manning too, but when you have corporations with vested interests in keeping information away from the public, forcing the government to only be able to act on information that's public will only let them run further amok.

      Maybe it's because I'm old enough to remember what the Great Lakes were like before the EPA. Gigantic bodies of "fresh" water that are too toxic to support life can really start to sour your opinion on the whole "get the government off corporations' backs" idea.

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  5. If Congress is for it by WillAffleckUW · · Score: 3, Insightful

    If Congress is for it, it probably isn't science.

    "Secret Science" must be their code words for real science.

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    1. Re:If Congress is for it by Black+Parrot · · Score: 4, Insightful

      An earlier version of this general effort used language that would forbid reference to models in policymaking.

      Presumably written by some clown club that doesn't know that models are what science produces. They were transparently trying to outlaw use of the computer models that climate science relies so heavily on. (And other branches of science, but climate science is the branch that's driving corruption^w campaign donations right now.)

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      Sheesh, evil *and* a jerk. -- Jade
    2. Re:If Congress is for it by rs79 · · Score: 1, Insightful

      "An earlier version of this general effort used language that would forbid reference to models in policy making."

      Hi. Math major here. Let me explain something about models.

      They are a mathematical simulation of a natural phenomenon.

      The test of a model is how well it tracks reality. If if predicts behaviour correctly we can have some confidence in the model.

      The error bars of the climate models are 75%. That means a chimp tossing a coin could guess better. You can't make public policy from that.

      75% error looks like this: 2 + 2 = 7

      The climate models are 25 years old now and with refinements over the years should be pretty good. But they're not, they're so bad you can pretty much throw them out.

      Freeman Dyson warned about this:
      "Their computer models are full of fudge factors."
      http://blog.nj.com/njv_paul_mu...

      NASA pointed out they were wrong (and confirnmed Dyson) in 2010.
      8th December 2010 13:24 GMT - A group of top NASA and NOAA scientists say that current climate models predicting global warming are far too gloomy, and have failed to properly account for an important cooling factor which will come into play as CO2 levels rise.
      http://www.theregister.co.uk/2...

      Here's a graph of all the climate models compared to actual temperature measurements. See the divergence?
      http://rs79.vrx.net/opinions/i...

      "When your hypothesis doesn't agree with nature, it's wrong" - Richard Feynman.

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  6. Re:EPA has exceeded safe limits, needs curbing by Anonymous Coward · · Score: 3, Insightful

    There is ample evidence of Ocean acidification to suggest that CO2 needs to be treated as a pollutant.

  7. How is this a bad thing? by Snotnose · · Score: 4, Insightful

    I RTFA and don't get the controversy. Of course the data used to form regulations should be easily available to everybody. The only reason to use secret data is you want to hide something.

    Not trying to troll here, just not seeing the other side.

  8. Re:EPA has exceeded safe limits, needs curbing by TapeCutter · · Score: 3, Insightful

    Pollutant = A resource in the wrong place, as in "do not pollute my scotch with water". The evidence of harm caused by 1/2 trillion tons of CO2 in the wrong place may not be clear to you, but it is to almost everyone who has actually looked at it with a scientific eye. AFAICT the senate republicans think an appropriate mission for the EPA is to STFU and mow the whitehouse lawn.

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  9. Senator Snowball Inhofe.. by TapeCutter · · Score: 1, Insightful

    ..is as usual relying on the ignorance of the public. For example one of the long time complaints about the "hockey stick" from the deniers in the US senate was that a small portion of the raw data could not be published due to (default) copyright terms imposed by the french and a couple of other geographically small nations. The data was available but you had to go to the French government and wait six months to get it. There are lots of other cases where data is collected from industry and individuals where those supplying the data do not want the raw data published for legal, commercial, or personal reasons. The basic rule of research is you take what data you can get and publish what you are allowed to by those who supply it.

    A more useful law would be to force anti-science "charities" such as the heartland institute to reveal their accounts to the public, if the IPCC and EPA can do it why can't a tax exempt no-think tank do the same?

    --
    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
  10. Re:EPA has exceeded safe limits, needs curbing by ZombieDonut · · Score: 3, Insightful

    There's not only plenty of scientific evidence, there's also legislation and a Supreme Court ruling supporting it. Just because your belief system rules out the facts, it doesn't make them any less true.

  11. Re:EPA has exceeded safe limits, needs curbing by ZombieDonut · · Score: 2, Insightful

    One mention of the EPA and we're already at BIG GUBERMENT CO2 neck collars. I can't believe someone so dumb can use a computer, let alone reads /.

  12. PS by TapeCutter · · Score: 5, Insightful

    Shouldn't we want them to be basing policy on publicly available data?

    This is an excellent example of how well-crafted political propaganda works. The act of introducing the bill implies the EPA are not already basing policy on publicly available data, opposing the bill implies you want to hide something from the public. Even if the bill fails to pass, it has already succeeded as a propaganda piece.

    Make no mistake, this is a far-right attempt to put Science on a short leash.

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    And did you exchange a walk on part in the war for a lead role in a cage? - Pink Floyd.
    1. Re:PS by TheGratefulNet · · Score: 4, Insightful

      the year is 2015. this is being pushed by republicans. it has the word 'science' in it.

      therefore, I already know all I need to know about this.

      for some things, you have to think deeply. but not for all things.

      does anyone truly and honestly believe the republicans are (these days, at least) pro-science???

      (what is that saying about ducks walking and quacking, again?)

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    2. Re:PS by phantomfive · · Score: 3, Insightful

      Make no mistake, this is a far-right attempt to put Science on a short leash.

      It's not an attempt to put Science on a short leash, it's an attempt to limit the EPA. In the USA, Republicans generally don't even pretend to like the EPA, mainly for reasons listed in this article:

      One of the most startling was a rule issued under the Resource Conservation and Recovery Act that shut down 150 companies and imposed $100 million in costs to reduce a hypothetical cancer risk that was the equivalent of spending $9 trillion (yes, with a “t”) to avert a single case of cancer. Congress often has helped the EPA squander the taxpayers’ money. It has passed more than 20 environmental laws directing the government to pay the legal fees of green groups that sue the government, even when the government-subsidized plaintiffs would lose. Guaranteed money for suing the government—what a deal!

      I have no idea if the claims in the article are accurate or not, I'm just pointed out that those are the reasons Republicans don't like the EPA.

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      "First they came for the slanderers and i said nothing."
  13. Re:EPA has exceeded safe limits, needs curbing by Darinbob · · Score: 4, Insightful

    There is a very clear constitutional basis. The environment is very key to interstate commerce without any doubt. If you could confine the environment to every state's borders then perhaps things would be different, and Ohio could be full of burning rivers as long as Illinois is not affected.

    But according to some nuts, under the constitution the feds can't do anything except manage wars. The constitution as it existed in 1781 is not the same as it is today. People forget all the amendments, all the judicial decisions, and the great big massive war we had that overturned the constitution so that slavery could finally be abolished which resulted in a strong centralized federal government no matter what the hell the founding fathers who owned slaves would have wanted.

  14. Re:EPA has exceeded safe limits, needs curbing by NicBenjamin · · Score: 4, Insightful

    Your reading implies that Congress can do pretty much whatever the fuck it wants if it deems it to be for the General Welfare. That pretty much flied in the face of the idea of limited government, which is the central pillar of our Constitution.

    Depends on how limited you want the limits to be. If you want the government to be small enough to drown in a bathtub, then yes, it flies in your personal idea of a limited government.

    OTOH, the Founders were explicitly creating a less limited government. They said flat-out it needed to be more powerful the the Articles of Confederation government because it had to be strong enough to keep the Brits out.

    If there'd been pollution in their day they almost certainly would have added inter-state pollution to the list of things the Feds had the right to regulate, because part of the point of their Constitution was keeping the states from fighting each-other over trivial shit. And you can bet your ass that if Pennsylvania had been able to have all the benefits of coal power, with none of the pollution, simply by siting the plants upwind from the rest of the state they'd have done that shit; New York would have responded by calling out the militia...

  15. Re:What's the problem? by Obfuscant · · Score: 1, Insightful

    With a name like "Obfuscant" I'd lean towards the former.

    And now your argument is pure ad hominem.

    As far as I can tell, the actual bill requires all data to be reproducible.

    You tell wrong. Are you making it up out of whole cloth? It requires data to be available online in a form that anyone who wishes to verify or reproduce it can. It makes no requirement of reproducibility. Some people even lie and say that this law requires the EPA to reproduce it.

    That means the raw data used by a study has to be available publicly (and probably on the internet) or it's "secret science" and can't be used by the EPA.

    Close. You could read it for yourself if you want. It says nothing about all raw data, only "all scientific and technical information relied on to support such covered action". The raw data leads to results, the results are the scientific and technical information that are relied on.

    In fact most sources I've seen actually say that even including difficult to reproduce data bans the EPA from using the study.

    They lie. There is no such language in the law. Read it for yourself. It is even shorter than the FCC net neutrality rules.

    Several say flat-out that private data of all types is banned.

    They lie. The data isn't banned, but use of data that isn't available "in a manner that is sufficient for independent analysis and substantial reproduction of research results" cannot be used in formulation of EPA regulations.

    But what about private medical data? Doesn't have to be made available. "Nothing in the subsection shall be construed as requiring the public dissemination of information the disclosure of which is prohibited by law." If your private medical data is covered by HIPAA, it doesn't have to be made available -- but it doesn't have to be made available anyway, only the results used to support regulatory actions. If you've signed away your legal protections to that data, well, you should have gotten legal advice prior to signing.

    The Amendment that would have fixed this would have given peer-reviewed articles a free pass on the point, and it was voted down by the committee.

    The process of peer-review is prior to publication. If it is published, then put it online and the law is satisfied. People here seem quite enamored with Open Access publishing, so any law that furthers the cause should be greeted with open arms. But here we have opposition to law, so keeping science private is somehow good.

    So please, tell me how you could use a private database in your study and still get it used by the EPA.

    That depends on what the "private database" contains, but I'd say that if you want public regulations then you should provide support for your desire and not just "because I say so". If your entire study is based on someone's private database then you have reproducibility and validity issues from the get-go and that means you aren't really doing science, you're trolling for data to support whatever conclusion you're looking for. That's the kind of science this law would stop, and I think that's just fine.

  16. Re:For those wondering why this is a bad thing by Goldsmith · · Score: 3, Insightful

    This is knee jerk fear mongering.

    The bill states that the law wouldn't supersede any statutory requirement (such as protection of PII).

    The bill also specifies that the data should be presented so that "substantial reproduction" of the study is possible. It doesn't specify that reproduction needs to be done. It doesn't specify "100% independently verified."

    These guys are asking the EPA to follow similar guidelines the FDA imposes on companies in evaluating a new drug or device. The FDA maintains a public database of filings, it's really interesting to go through. The bill is even closer to NIH publication guidelines. This is not just an anti-EPA thing here (granted, I'm sure there's some of that going on), this is getting the EPA in line with other health oriented agencies.

    As for de-identification of the government owned part of the data, the Republicans are right. That should take an expert a couple of days, but it does cost money (there are many businesses who specialize in this kind of thing). The CDC doesn't leave money sitting around (I'm kind of shocked they leave PII medical records sitting around though, my company can't do that). They probably just can't pay to de-identify the data, and don't know if they can legally trust a Congressional committee to handle the data properly (probably they can't). So they're stuck without funding. The bill specifies $1M to do this, but given all the government offices involved, that's probably not enough.

    Here's the real issue: The government doesn't actually own all the data the EPA is referencing, so the EPA can't publish it or share it. This is all to put pressure on the EPA to ask Harvard and ACS to share the data.

    The data the government makes decisions on should be public. It shouldn't be acceptable for a scientist to say "trust me, I did the analysis correctly." We're not perfect, we make mistakes. Peer review is broken, we can't rely on that to catch errors. Open things up a bit more, and we'll get better conclusions.