Scientific Integrity Act

II 116TH CONGRESS 1ST SESSION S. 775 To amend the America COMPETES Act to require certain agencies to develop scientific integrity policies, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 13, 2019 Mr. SCHATZ introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the America COMPETES Act to require certain agencies to develop scientific integrity policies, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Scientific Integrity 4 Act’’. 5 SEC. 2. DEFINITION OF COVERED AGENCY. 6 In this Act, the term ‘‘covered agency’’ means any 7 agency, as defined in section 551 of title 5, United States 8 Code, that funds, conducts, or oversees scientific research. 9 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 2 •S 775 IS SEC. 3. SENSE OF CONGRESS. 1 It is the sense of Congress that— 2 (1) science and the scientific process should in- 3 form and guide public policy decisions on a wide 4 range of issues, including improvement of public 5 health, protection of the environment, and protection 6 of national security; 7 (2) the public must be able to trust the science 8 and scientific process informing public policy deci- 9 sions; 10 (3) science, the scientific process, and the com- 11 munication of science should be free from politics, 12 ideology, and financial conflicts of interest; 13 (4) policies and procedures that ensure the in- 14 tegrity of the conduct and communication of publicly 15 funded science are critical to ensuring public trust; 16 (5) covered agencies should promote and maxi- 17 mize the communication and open exchange of data 18 and findings to other agencies, policymakers, and 19 the public of research conducted by a scientist or en- 20 gineer employed or contracted by the covered agen- 21 cy; and 22 (6) covered agencies should work to prevent the 23 suppression or distortion of the data and findings. 24 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 3 •S 775 IS SEC. 4. PRINCIPLES; IMPLEMENTATION AND SCIENTIFIC 1 INTEGRITY POLICIES. 2 Section 1009 of the America COMPETES Act (42 3 U.S.C. 6620) is amended to read as follows: 4 ‘‘(a) DEFINITIONS.—In this section: 5 ‘‘(1) COVERED AGENCY.—The term ‘covered 6 agency’ means any agency, as defined in section 551 7 of title 5, United States Code, that funds, conducts, 8 or oversees scientific research or the analysis of re- 9 search. 10 ‘‘(2) COVERED INDIVIDUAL.—The term ‘cov- 11 ered individual’ means a Federal employee or con- 12 tractor who— 13 ‘‘(A) is engaged in, supervises, or manages 14 scientific activities; 15 ‘‘(B) analyzes or publicly communicates in- 16 formation resulting from scientific activities; or 17 ‘‘(C) uses scientific information or analyses 18 in making bureau, office, or agency policy, man- 19 agement, or regulatory decisions. 20 ‘‘(3) PUBLIC STATEMENT.—The term ‘public 21 statement’ means any communication that is in- 22 tended for, or should reasonably be expected to have, 23 broad distribution outside the Federal Government, 24 including— 25 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 4 •S 775 IS ‘‘(A) public speeches, news releases and 1 advisories, news conferences, broadcast appear- 2 ances, and interviews or discussions with jour- 3 nalists; 4 ‘‘(B) public writings, such as articles or 5 papers in publications or other writings distrib- 6 uted through mass-mailing, e-mail, or posting 7 on a website or social media platform; 8 ‘‘(C) materials and presentations for public 9 educational instruction, lectures, conferences, 10 seminars, and similar venues; and 11 ‘‘(D) public distribution of audiovisual 12 works, such as slide sets, PowerPoint presen- 13 tations, podcasts, online video, and exhibits. 14 ‘‘(b) PROHIBITED CONDUCT.—No covered individual 15 shall— 16 ‘‘(1) engage in dishonesty, fraud, deceit, mis- 17 representation, coercive manipulation, or other sci- 18 entific or research misconduct; 19 ‘‘(2) suppress, alter, interfere, or otherwise im- 20 pede the timely release and communication of sci- 21 entific or technical findings; 22 ‘‘(3) intimidate, coerce, or retaliate against cov- 23 ered individuals or others to alter or censor scientific 24 or technical findings; or 25 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 5 •S 775 IS ‘‘(4) implement institutional barriers to co- 1 operation and the timely communication of scientific 2 or technical findings. 3 ‘‘(c) SCIENTIFIC PUBLICATIONS AND CON- 4 FERENCES.— 5 ‘‘(1) DISSEMINATION OF FINDINGS.—A covered 6 individual may disseminate scientific or technical 7 findings— 8 ‘‘(A) by participating in scientific con- 9 ferences; and 10 ‘‘(B) seeking publication in online and 11 print publications through peer-reviewed, pro- 12 fessional, or scholarly journals. 13 ‘‘(2) REVIEW BY AGENCIES.— 14 ‘‘(A) IN GENERAL.—A covered agency may 15 require a covered individual to, before dissemi- 16 nating scientific or technical findings under 17 paragraph (1), submit the findings to the cov- 18 ered agency so that the agency may conduct a 19 review of the data and findings for technical ac- 20 curacy and compliance with subsection (b). 21 ‘‘(B) APPROVAL.—If a covered agency does 22 not complete the review under subparagraph 23 (A) of data and findings submitted by a covered 24 individual within 30 days of the submission— 25 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 6 •S 775 IS ‘‘(i) the submission shall be deemed 1 approved by the covered agency; and 2 ‘‘(ii) the covered individual may pro- 3 ceed with plans to disseminate the sci- 4 entific or technical findings. 5 ‘‘(d) LEADERSHIP IN THE SCIENTIFIC COMMU- 6 NITY.—Subject to applicable law governing ethics and con- 7 flicts of interest, a covered individual may— 8 ‘‘(1) sit on scientific advisory or governing 9 boards; 10 ‘‘(2) join or hold leadership positions on sci- 11 entific councils, societies, unions, and other profes- 12 sional organizations; 13 ‘‘(3) contribute to the academic peer-review 14 process as reviewers or editors; and 15 ‘‘(4) participate and engage with the scientific 16 community. 17 ‘‘(e) PUBLIC STATEMENTS ON BASIC OR APPLIED 18 RESEARCH.—Whenever a covered agency seeks to make 19 a public statement about the conclusions of basic or ap- 20 plied research in science or engineering conducted by a 21 covered individual— 22 ‘‘(1) the covered individual shall have the op- 23 portunity to review the public statement for tech- 24 nical accuracy; and 25 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 7 •S 775 IS ‘‘(2) if an inaccuracy is discovered as a result 1 of the review under paragraph (1), the covered agen- 2 cy and the covered individual shall jointly revise the 3 public statement. 4 ‘‘(f) INTERVIEW REQUESTS ON RESEARCH; PER- 5 SONAL STATEMENTS.— 6 ‘‘(1) INTERVIEW REQUESTS TO COVERED INDI- 7 VIDUALS.—A covered individual may respond to 8 media interview requests regarding their scientific or 9 technical findings from research conducted by the 10 individual without prior approval from the covered 11 agency supporting the research of the covered indi- 12 vidual, but the covered agency may require the cov- 13 ered individual to report the subject of any such 14 interview. 15 ‘‘(2) INTERVIEW REQUESTS TO AGENCIES.—In 16 the event a covered agency supporting the research 17 of a covered individual receives a media interview re- 18 quest regarding that research, the covered agency 19 shall— 20 ‘‘(A) offer the covered individual the choice 21 of responding to the interview directly; or 22 ‘‘(B) provide a knowledgeable spokesperson 23 who can, in an objective, nonpartisan, and ar- 24 ticulate manner, describe and explain the sci- 25 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 8 •S 775 IS entific and technical findings to the media and 1 the people of the United States. 2 ‘‘(3) PERSONAL STATEMENTS.—A covered indi- 3 vidual may present viewpoints in an interview under 4 paragraphs (1) and (2) that extend beyond the sci- 5 entific or technical findings of the covered individual, 6 and incorporate the expert or personal opinions of 7 the covered individual, including on matters of pol- 8 icy, only if the covered individual indicates that they 9 are presenting their individual opinions. 10 ‘‘(4) CONFLICTS OF INTEREST.—Any covered 11 individual presenting viewpoints under paragraph 12 (3) shall disclose any apparent, potential, or actual 13 financial conflict of interest or non-financial conflict 14 of interest. 15 ‘‘(5) BIOGRAPHICAL INFORMATION.—Any cov- 16 ered individual presenting viewpoints under para- 17 graph (3) may note their affiliation with a covered 18 agency as part of their biographical information, 19 provided that the affiliation is noted as 1 of several 20 biographical details of the covered individual. 21 ‘‘(g) SCIENTIFIC INTEGRITY POLICIES.—Not later 22 than 90 days after the date of enactment of the Scientific 23 Integrity Act, the head of each covered agency shall— 24 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 9 •S 775 IS ‘‘(1) develop, adopt, and enforce a scientific in- 1 tegrity policy; and 2 ‘‘(2) submit the scientific integrity policy to— 3 ‘‘(A) the Director of the Office of Science 4 and Technology Policy; and 5 ‘‘(B) Congress. 6 ‘‘(h) REQUIREMENTS.—Each scientific integrity pol- 7 icy developed by a covered agency under subsection (g) 8 shall— 9 ‘‘(1) be consistent with the principles estab- 10 lished under subsections (b) through (f); 11 ‘‘(2) specifically address what is and what is 12 not permitted or recommended under that policy, in- 13 cluding procedures; 14 ‘‘(3) be specifically designed for the covered 15 agency; 16 ‘‘(4) be applied uniformly throughout the cov- 17 ered agency; and 18 ‘‘(5) be publicly accessible and widely commu- 19 nicated to all covered individuals and grantees of the 20 covered agency. 21 ‘‘(i) CONTENTS.—In addition to the requirements 22 under subsection (h), each scientific integrity policy adopt- 23 ed by a covered agency under subsection (g) shall, at a 24 minimum, ensure that— 25 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 10 •S 775 IS ‘‘(1) scientific conclusions are not made based 1 on political considerations; 2 ‘‘(2) the selection and retention of candidates 3 for science and technology positions in the covered 4 agency are based primarily on the expertise, sci- 5 entific credentials, experience, and integrity of the 6 candidate; 7 ‘‘(3) no covered individual shall suppress, alter, 8 interfere, or otherwise impede the timely release and 9 communication of scientific or technical findings; 10 ‘‘(4) personnel actions regarding covered indi- 11 viduals, other than political appointees, are not 12 made based on political consideration or ideology; 13 ‘‘(5) covered individuals cannot intimidate or 14 coerce others to alter or censor scientific findings; 15 ‘‘(6) covered individuals adhere to the highest 16 ethical and professional standards in conducting 17 their research and disseminating their findings; 18 ‘‘(7) the appropriate rules, procedures, and 19 safeguards are in place to ensure the integrity of the 20 scientific process within the covered agency; 21 ‘‘(8) scientific or technological information con- 22 sidered in policy decisions is subject to well-estab- 23 lished scientific processes, including peer review 24 where appropriate; 25 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 11 •S 775 IS ‘‘(9) procedures, including any applicable whis- 1 tleblower protections, are in place as are necessary 2 to ensure the integrity of scientific and technological 3 information and processes on which the covered 4 agency relies in decision making or otherwise uses; 5 and 6 ‘‘(10) include enforcement processes consistent 7 for an administrative hearing and an administrative 8 appeal. 9 ‘‘(j) APPLICATION.—Each scientific integrity policy 10 adopted under subsection (g) shall apply to covered indi- 11 viduals. 12 ‘‘(k) SCIENTIFIC INTEGRITY OFFICER.—Not later 13 than 30 days after the date of enactment of the Scientific 14 Integrity Act, each covered agency shall appoint a Sci- 15 entific Integrity Officer, who shall— 16 ‘‘(1) be a career employee at the covered agency 17 in a scientific or professional position; 18 ‘‘(2) have substantial technical knowledge and 19 expertise in conducting and overseeing scientific re- 20 search; and 21 ‘‘(3) direct the activities and duties described in 22 subsections (l), (m), and (n). 23 ‘‘(l) POLICIES, PROCESS, AND TRAINING.—Not later 24 than 180 days after the date of enactment of the Scientific 25 VerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775 kjohnson on DSK79L0C42 with BILLS 12 •S 775 IS Integrity Act, each covered agency shall adopt and imple- 1 ment— 2 ‘‘(1) an administrative process and administra- 3 tive appeal for dispute resolution consistent with the 4 scientific integrity policy adopted by the covered 5 agency under subsection (g); and 6 ‘‘(2) a training program to provide— 7 ‘‘(A) regular scientific integrity and ethics 8 training to covered individuals; 9 ‘‘(B) covered individuals with training 10 within 1 month of commencing employment; 11 ‘‘(C) information to ensure that covered in- 12 dividuals are fully aware of their rights and re- 13 sponsibilities regarding the conduct of scientific 14 research, publication of scientific research, com- 15 munication with the media and the public re- 16 garding scientific research; and 17 ‘‘(D) information to ensure that covered 18 individuals are fully aware of their rights and 19 responsibilities for administrative hearings and 20 appeals established in the scientific integrity 21 policy o [Text truncated for display. 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