[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1709 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1709
To amend the America COMPETES Act to establish certain scientific
integrity policies for Federal agencies that fund, conduct, or oversee
scientific research, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 13, 2019
Mr. Tonko (for himself, Ms. Johnson of Texas, Ms. Stevens, and Mr.
Lowenthal) introduced the following bill; which was referred to the
Committee on Science, Space, and Technology
_______________________________________________________________________
A BILL
To amend the America COMPETES Act to establish certain scientific
integrity policies for Federal agencies that fund, conduct, or oversee
scientific research, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Scientific Integrity Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) science and the scientific process should inform and
guide public policy decisions on a wide range of issues,
including improvement of public health, protection of the
environment, and protection of national security;
(2) the public must be able to trust the science and
scientific process informing public policy decisions;
(3) science, the scientific process, and the communication
of science should be free from politics, ideology, and
financial conflicts of interest;
(4) policies and procedures that ensure the integrity of
the conduct and communication of publicly funded science are
critical to ensuring public trust;
(5) Federal agencies that fund, conduct, or oversee
research should promote and maximize the communication and open
exchange of data and findings to other agencies, policymakers,
and the public of research conducted by a scientist or engineer
employed or contracted by a Federal agency that funds,
conducts, or oversees scientific research; and
(6) Federal agencies that fund, conduct, or oversee
research should work to prevent the suppression or distortion
of the data and findings.
SEC. 3. AMENDMENT TO AMERICA COMPETES ACT.
Section 1009 of the America COMPETES Act (42 U.S.C. 6620) is
amended to read as follows:
``(a) Prohibited Conduct.--No covered individual shall--
``(1) engage in dishonesty, fraud, deceit,
misrepresentation, coercive manipulation, or other scientific
or research misconduct;
``(2) suppress, alter, interfere with, or otherwise impede
the timely release and communication of, scientific or
technical findings;
``(3) intimidate or coerce an individual to alter or
censor, or retaliate against an individual for failure to alter
or censor, scientific or technical findings; or
``(4) implement institutional barriers to cooperation and
the timely communication of scientific or technical findings.
``(b) Scientific Publications and Conferences.--
``(1) Dissemination of findings.--Subject to existing law,
a covered individual may disseminate scientific or technical
findings--
``(A) by participating in scientific conferences;
and
``(B) seeking publication in online and print
publications through peer-reviewed, professional, or
scholarly journals.
``(2) Review by agencies.--
``(A) In general.--A covered agency may require a
covered individual to, before disseminating scientific
or technical findings under paragraph (1), submit the
findings to the covered agency so that the agency may
conduct a review of the data and findings for technical
accuracy and compliance with subsection (a).
``(B) Approval.--If a covered agency does not
complete the review under subparagraph (A) of data and
findings submitted by a covered individual within 30
days of the submission--
``(i) the submission shall be deemed
approved by the covered agency; and
``(ii) the covered individual may proceed
with plans to disseminate the scientific or
technical findings.
``(c) Leadership in the Scientific Community.--Subject to
applicable law governing ethics and conflicts of interest, a covered
individual may--
``(1) sit on scientific advisory or governing boards;
``(2) join or hold leadership positions on scientific
councils, societies, unions, and other professional
organizations;
``(3) contribute to the academic peer-review process as
reviewers or editors; and
``(4) participate and engage with the scientific community.
``(d) Public Statements on Basic or Applied Research.--Whenever a
covered agency seeks to make a public statement about the conclusions
of basic or applied research in science or engineering conducted by a
covered individual--
``(1) the covered individual shall have the opportunity to
review the public statement for technical accuracy; and
``(2) if an inaccuracy is discovered as a result of the
review under paragraph (1), the covered agency and the covered
individual shall jointly revise the public statement.
``(e) Interview Requests on Research; Personal Statements.--
``(1) Interview requests to covered individuals.--A covered
individual may respond to media interview requests regarding
their scientific or technical findings from research conducted
by the individual without prior approval from the covered
agency supporting the research of the covered individual, but
the covered agency may require the covered individual to report
the subject of any such interview.
``(2) Interview requests to agencies.--In the event a
covered agency supporting the research of a covered individual
receives a media interview request regarding that research, the
covered agency shall--
``(A) offer the covered individual the choice of
responding to the interview directly; or
``(B) provide a knowledgeable spokesperson who can,
in an objective, nonpartisan, and articulate manner,
describe and explain the scientific and technical
findings to the media and the people of the United
States.
``(3) Personal statements.--A covered individual may
present viewpoints in an interview under paragraphs (1) and (2)
that extend beyond the scientific or technical findings of the
covered individual, and incorporate the expert or personal
opinions of the covered individual, including on matters of
policy only if the covered individual indicates that they are
presenting their individual opinions.
``(4) Conflicts of interest.--Any covered individual
presenting viewpoints under paragraph (3) shall disclose any
apparent, potential, or actual financial conflicts of interest
or non-financial conflicts of interest.
``(5) Biographical information.--Any covered individual
presenting viewpoints under paragraph (3) may note their
affiliation with a covered agency as part of their biographical
information, provided that the affiliation is noted as 1 of
several biographical details of the covered individual.
``(f) Scientific Integrity Policies.--Not later than 90 days after
the date of enactment of the Scientific Integrity Act, the head of each
covered agency shall--
``(1) develop, adopt, and enforce a scientific integrity
policy; and
``(2) submit the scientific integrity policy to the
Director of the Office of Science and Technology Policy and
Congress.
``(g) Requirements.--A scientific integrity policy under subsection
(b) shall--
``(1) be consistent with the principles established under
subsections (a) through (d);
``(2) specifically address what is and what is not
permitted or recommended under that policy, including
procedures;
``(3) be specifically designed for the covered agency;
``(4) be applied uniformly throughout the covered agency;
and
``(5) be publicly accessible and widely communicated to all
employees, private contractors, and grantees of the covered
agency.
``(h) Contents.--In addition to the requirements in subsection (g),
each scientific integrity policy under subsection (g) shall, at a
minimum, ensure that--
``(1) scientific conclusions are not made based on
political considerations;
``(2) the selection and retention of candidates for science
and technology positions in the covered agency are based
primarily on the candidate's expertise, scientific credentials,
experience, and integrity;
``(3) no covered individual shall suppress, alter,
interfere, or otherwise impede the timely release and
communication of scientific or technical findings;
``(4) personnel actions regarding covered individuals,
except for political appointees, are not made based on
political consideration or ideology;
``(5) covered individuals cannot intimidate or coerce
others to alter or censor scientific findings;
``(6) covered individuals adhere to the highest ethical and
professional standards in conducting their research and
disseminating their findings;
``(7) the appropriate rules, procedures, and safeguards are
in place to ensure the integrity of the scientific process
within the covered agency;
``(8) scientific or technological information considered in
policy decisions is subject to well-established scientific
processes, including peer review where appropriate;
``(9) procedures, including any applicable whistleblower
protections, are in place as are necessary to ensure the
integrity of scientific and technological information and
processes on which the covered agency relies in its decision
making or otherwise uses; and
``(10) include enforcement processes consistent for an
administrative hearing and an administrative appeal.
``(i) Application.--Each scientific integrity policy adopted under
subsection (f) shall apply to covered individuals.
``(j) Scientific Integrity Officer.--Not later than 30 days after
the date of enactment of this Act, each covered agency shall appoint a
Scientific Integrity Officer, who shall--
``(1) be a career employee at the covered agency in an
science and professional positions;
``(2) have substantial technical knowledge and expertise in
conducting and overseeing scientific research; and
``(3) direct the activities and duties described in
subsections (k), (l), and (m).
``(k) Policies, Process, and Training.--Not later than 180 days
after the date of enactment of this Act, each covered agency shall
adopt and implement--
``(1) an administrative process and administrative appeal
for dispute resolution consistent with the covered agency's
scientific integrity policy adopted under subsection (f); and
``(2) a training program to--
``(A) provide regular scientific integrity and
ethics training to employees and contractors of the
covered agency;
``(B) provide new covered employees with training
within one month of commencing employment;
``(C) provide information to ensure that covered
individuals are fully aware of their rights and
responsibilities regarding the conduct of scientific
research, publication of scientific research,
communication with the media and the public regarding
scientific research; and
``(D) provide information to ensure that covered
individuals are fully aware of their rights and
responsibilities for administrative hearings and
appeals established in the covered agency's scientific
integrity policy.
``(l) Reporting.--Each Scientific Integrity Officer appointed by a
covered agency under subsection (j) shall post an annual report on the
public website of the covered agency that includes--
``(1) the number of misconduct cases filed for
administrative redress for the year covered by the report;
``(2) the number of misconduct cases petitioned for
administrative appeal for the year covered by the report; and
``(3) the number of cases still pending from years prior to
the year covered by the report, if any.
``(m) Record.--Each scientific integrity policy, process, and
report produced by a covered agency under this section shall be--
``(1) submitted to--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Science, Space, and
Technology of the House of Representatives; and
``(C) the Office of Science and Technology Policy;
and
``(2) made available to the public on the website of the
covered agency.
``(n) Coordination by the Office of Science and Technology
Policy.--The Office of Science and Technology Policy shall collate,
organize, and publicly share all information it receives under
subsection (m) in one place on its own website. In addition, the
Director of the Office of Science and Technology Policy shall, on
annual basis, convene the Scientific Integrity Officer of each covered
agency appointed under subsection (j) to discuss best practices for
implementing the requirements of this section.
``(o) Definitions.--In this section:
``(1) Agency.--The term `agency' has the meaning given the
term in section 551 of title 5, United States Code.
``(2) Covered agency.--The term `covered agency' means an
agency that funds, conducts, or oversees scientific research.
``(3) Covered individual.--The term `covered individual'
means a Federal employee or contractor who--
``(A) is engaged in, supervises, or manages
scientific activities;
``(B) analyzes or publicly communicates information
resulting from scientific activities; or
``(C) uses scientific information or analyses in
making bureau, office, or agency policy, management, or
regulatory decisions.
``(4) Public statement.--The term `public statement' means
any communication that is intended for, or should reasonably be
expected to have, broad distribution outside the Federal
Government, including--
``(A) public speeches, news releases and
advisories, news conferences, broadcast appearances,
and interviews or discussions with journalists;
``(B) public writings, such as articles or papers
in publications or other writings distributed through
mass-mailing, e-mail, or posting on a website or social
media platform;
``(C) materials and presentations for public
educational instruction, lectures, conferences,
seminars, and similar venues; and
``(D) public distribution of audiovisual works,
such as slide sets, PowerPoint presentations, podcasts,
online video, and exhibits.''.
SEC. 4. EXISTING POLICIES; CLARIFICATION.
(a) Existing Scientific Integrity Policies.--Notwithstanding the
amendments made by this Act, a covered agency's scientific integrity
policy that was in effect on the day before the date of enactment of
this Act may satisfy the requirements of this Act if the head of the
covered agency--
(1) makes a written determination that the policy satisfies
the requirements of that section; and
(2) submits the written determination and the policy to the
Director of the Office of Science and Technology Policy for
review.
(b) Clarification.--Nothing in this Act shall affect the
application of United States copyright law.
(c) Covered Agency Defined.--The term ``covered agency'' has the
meaning given the term in section 1009 of the America COMPETES Act (42
U.S.C. 6620).
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