Scientific Integrity Act

I 116TH CONGRESS 1ST SESSION H. R. 1709 To amend the America COMPETES Act to establish certain scientific integ- rity 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 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. SENSE OF CONGRESS. 6 It is the sense of Congress that— 7 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1709 IH (1) science and the scientific process should in- 1 form and guide public policy decisions on a wide 2 range of issues, including improvement of public 3 health, protection of the environment, and protection 4 of national security; 5 (2) the public must be able to trust the science 6 and scientific process informing public policy deci- 7 sions; 8 (3) science, the scientific process, and the com- 9 munication of science should be free from politics, 10 ideology, and financial conflicts of interest; 11 (4) policies and procedures that ensure the in- 12 tegrity of the conduct and communication of publicly 13 funded science are critical to ensuring public trust; 14 (5) Federal agencies that fund, conduct, or 15 oversee research should promote and maximize the 16 communication and open exchange of data and find- 17 ings to other agencies, policymakers, and the public 18 of research conducted by a scientist or engineer em- 19 ployed or contracted by a Federal agency that funds, 20 conducts, or oversees scientific research; and 21 (6) Federal agencies that fund, conduct, or 22 oversee research should work to prevent the suppres- 23 sion or distortion of the data and findings. 24 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1709 IH SEC. 3. AMENDMENT TO AMERICA COMPETES ACT. 1 Section 1009 of the America COMPETES Act (42 2 U.S.C. 6620) is amended to read as follows: 3 ‘‘(a) PROHIBITED CONDUCT.—No covered individual 4 shall— 5 ‘‘(1) engage in dishonesty, fraud, deceit, mis- 6 representation, coercive manipulation, or other sci- 7 entific or research misconduct; 8 ‘‘(2) suppress, alter, interfere with, or otherwise 9 impede the timely release and communication of, sci- 10 entific or technical findings; 11 ‘‘(3) intimidate or coerce an individual to alter 12 or censor, or retaliate against an individual for fail- 13 ure to alter or censor, scientific or technical find- 14 ings; or 15 ‘‘(4) implement institutional barriers to co- 16 operation and the timely communication of scientific 17 or technical findings. 18 ‘‘(b) SCIENTIFIC PUBLICATIONS AND CON- 19 FERENCES.— 20 ‘‘(1) DISSEMINATION OF FINDINGS.—Subject to 21 existing law, a covered individual may disseminate 22 scientific or technical findings— 23 ‘‘(A) by participating in scientific con- 24 ferences; and 25 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1709 IH ‘‘(B) seeking publication in online and 1 print publications through peer-reviewed, pro- 2 fessional, or scholarly journals. 3 ‘‘(2) REVIEW BY AGENCIES.— 4 ‘‘(A) IN GENERAL.—A covered agency may 5 require a covered individual to, before dissemi- 6 nating scientific or technical findings under 7 paragraph (1), submit the findings to the cov- 8 ered agency so that the agency may conduct a 9 review of the data and findings for technical ac- 10 curacy and compliance with subsection (a). 11 ‘‘(B) APPROVAL.—If a covered agency does 12 not complete the review under subparagraph 13 (A) of data and findings submitted by a covered 14 individual within 30 days of the submission— 15 ‘‘(i) the submission shall be deemed 16 approved by the covered agency; and 17 ‘‘(ii) the covered individual may pro- 18 ceed with plans to disseminate the sci- 19 entific or technical findings. 20 ‘‘(c) LEADERSHIP IN THE SCIENTIFIC COMMU- 21 NITY.—Subject to applicable law governing ethics and con- 22 flicts of interest, a covered individual may— 23 ‘‘(1) sit on scientific advisory or governing 24 boards; 25 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 5 •HR 1709 IH ‘‘(2) join or hold leadership positions on sci- 1 entific councils, societies, unions, and other profes- 2 sional organizations; 3 ‘‘(3) contribute to the academic peer-review 4 process as reviewers or editors; and 5 ‘‘(4) participate and engage with the scientific 6 community. 7 ‘‘(d) PUBLIC STATEMENTS ON BASIC OR APPLIED 8 RESEARCH.—Whenever a covered agency seeks to make 9 a public statement about the conclusions of basic or ap- 10 plied research in science or engineering conducted by a 11 covered individual— 12 ‘‘(1) the covered individual shall have the op- 13 portunity to review the public statement for tech- 14 nical accuracy; and 15 ‘‘(2) if an inaccuracy is discovered as a result 16 of the review under paragraph (1), the covered agen- 17 cy and the covered individual shall jointly revise the 18 public statement. 19 ‘‘(e) INTERVIEW REQUESTS ON RESEARCH; PER- 20 SONAL STATEMENTS.— 21 ‘‘(1) INTERVIEW REQUESTS TO COVERED INDI- 22 VIDUALS.—A covered individual may respond to 23 media interview requests regarding their scientific or 24 technical findings from research conducted by the 25 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 6 •HR 1709 IH individual without prior approval from the covered 1 agency supporting the research of the covered indi- 2 vidual, but the covered agency may require the cov- 3 ered individual to report the subject of any such 4 interview. 5 ‘‘(2) INTERVIEW REQUESTS TO AGENCIES.—In 6 the event a covered agency supporting the research 7 of a covered individual receives a media interview re- 8 quest regarding that research, the covered agency 9 shall— 10 ‘‘(A) offer the covered individual the choice 11 of responding to the interview directly; or 12 ‘‘(B) provide a knowledgeable spokesperson 13 who can, in an objective, nonpartisan, and ar- 14 ticulate manner, describe and explain the sci- 15 entific and technical findings to the media and 16 the people of the United States. 17 ‘‘(3) PERSONAL STATEMENTS.—A covered indi- 18 vidual may present viewpoints in an interview under 19 paragraphs (1) and (2) that extend beyond the sci- 20 entific or technical findings of the covered individual, 21 and incorporate the expert or personal opinions of 22 the covered individual, including on matters of policy 23 only if the covered individual indicates that they are 24 presenting their individual opinions. 25 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 7 •HR 1709 IH ‘‘(4) CONFLICTS OF INTEREST.—Any covered 1 individual presenting viewpoints under paragraph 2 (3) shall disclose any apparent, potential, or actual 3 financial conflicts of interest or non-financial con- 4 flicts of interest. 5 ‘‘(5) BIOGRAPHICAL INFORMATION.—Any cov- 6 ered individual presenting viewpoints under para- 7 graph (3) may note their affiliation with a covered 8 agency as part of their biographical information, 9 provided that the affiliation is noted as 1 of several 10 biographical details of the covered individual. 11 ‘‘(f) SCIENTIFIC INTEGRITY POLICIES.—Not later 12 than 90 days after the date of enactment of the Scientific 13 Integrity Act, the head of each covered agency shall— 14 ‘‘(1) develop, adopt, and enforce a scientific in- 15 tegrity policy; and 16 ‘‘(2) submit the scientific integrity policy to the 17 Director of the Office of Science and Technology 18 Policy and Congress. 19 ‘‘(g) REQUIREMENTS.—A scientific integrity policy 20 under subsection (b) shall— 21 ‘‘(1) be consistent with the principles estab- 22 lished under subsections (a) through (d); 23 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 8 •HR 1709 IH ‘‘(2) specifically address what is and what is 1 not permitted or recommended under that policy, in- 2 cluding procedures; 3 ‘‘(3) be specifically designed for the covered 4 agency; 5 ‘‘(4) be applied uniformly throughout the cov- 6 ered agency; and 7 ‘‘(5) be publicly accessible and widely commu- 8 nicated to all employees, private contractors, and 9 grantees of the covered agency. 10 ‘‘(h) CONTENTS.—In addition to the requirements in 11 subsection (g), each scientific integrity policy under sub- 12 section (g) shall, at a minimum, ensure that— 13 ‘‘(1) scientific conclusions are not made based 14 on political considerations; 15 ‘‘(2) the selection and retention of candidates 16 for science and technology positions in the covered 17 agency are based primarily on the candidate’s exper- 18 tise, scientific credentials, experience, and integrity; 19 ‘‘(3) no covered individual shall suppress, alter, 20 interfere, or otherwise impede the timely release and 21 communication of scientific or technical findings; 22 ‘‘(4) personnel actions regarding covered indi- 23 viduals, except for political appointees, are not made 24 based on political consideration or ideology; 25 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 9 •HR 1709 IH ‘‘(5) covered individuals cannot intimidate or 1 coerce others to alter or censor scientific findings; 2 ‘‘(6) covered individuals adhere to the highest 3 ethical and professional standards in conducting 4 their research and disseminating their findings; 5 ‘‘(7) the appropriate rules, procedures, and 6 safeguards are in place to ensure the integrity of the 7 scientific process within the covered agency; 8 ‘‘(8) scientific or technological information con- 9 sidered in policy decisions is subject to well-estab- 10 lished scientific processes, including peer review 11 where appropriate; 12 ‘‘(9) procedures, including any applicable whis- 13 tleblower protections, are in place as are necessary 14 to ensure the integrity of scientific and technological 15 information and processes on which the covered 16 agency relies in its decision making or otherwise 17 uses; and 18 ‘‘(10) include enforcement processes consistent 19 for an administrative hearing and an administrative 20 appeal. 21 ‘‘(i) APPLICATION.—Each scientific integrity policy 22 adopted under subsection (f) shall apply to covered indi- 23 viduals. 24 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 10 •HR 1709 IH ‘‘(j) SCIENTIFIC INTEGRITY OFFICER.—Not later 1 than 30 days after the date of enactment of this Act, each 2 covered agency shall appoint a Scientific Integrity Officer, 3 who shall— 4 ‘‘(1) be a career employee at the covered agency 5 in an science and professional positions; 6 ‘‘(2) have substantial technical knowledge and 7 expertise in conducting and overseeing scientific re- 8 search; and 9 ‘‘(3) direct the activities and duties described in 10 subsections (k), (l), and (m). 11 ‘‘(k) POLICIES, PROCESS, AND TRAINING.—Not later 12 than 180 days after the date of enactment of this Act, 13 each covered agency shall adopt and implement— 14 ‘‘(1) an administrative process and administra- 15 tive appeal for dispute resolution consistent with the 16 covered agency’s scientific integrity policy adopted 17 under subsection (f); and 18 ‘‘(2) a training program to— 19 ‘‘(A) provide regular scientific integrity 20 and ethics training to employees and contrac- 21 tors of the covered agency; 22 ‘‘(B) provide new covered employees with 23 training within one month of commencing em- 24 ployment; 25 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 11 •HR 1709 IH ‘‘(C) provide information to ensure that 1 covered individuals are fully aware of their 2 rights and responsibilities regarding the con- 3 duct of scientific research, publication of sci- 4 entific research, communication with the media 5 and the public regarding scientific research; and 6 ‘‘(D) provide information to ensure that 7 covered individuals are fully aware of their 8 rights and responsibilities for administrative 9 hearings and appeals established in the covered 10 agency’s scientific integrity policy. 11 ‘‘(l) REPORTING.—Each Scientific Integrity Officer 12 appointed by a covered agency under subsection (j) shall 13 post an annual report on the public website of the covered 14 agency that includes— 15 ‘‘(1) the number of misconduct cases filed for 16 administrative redress for the year covered by the 17 report; 18 ‘‘(2) the number of misconduct cases petitioned 19 for administrative appeal for the year covered by the 20 report; and 21 ‘‘(3) the number of cases still pending from 22 years prior to the year covered by the report, if any. 23 VerDate Sep 11 2014 23:01 Mar 22, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1709.IH H1709 pbinns on DSK79D2C42PROD with BILLS 12 •HR 1709 IH ‘‘(m) RECORD.—Each scientific integrity policy, proc- 1 ess, and report produced by a covered agency under this 2 section shall be— 3 ‘‘(1) submitted to— 4 ‘‘(A) the Committee on Commerce, 5 Science, and Transportation of the Senate; 6 ‘‘(B) the Committee on Science, Space, 7 and Technology of the House of Representa- 8 tives; and 9 ‘‘(C) the Office of Science and Technology 10 Policy; and 11 ‘‘(2) made available to the public on the website 12 of the covered agency. 13 ‘‘(n) COORDINATION BY THE OFFICE OF SCIENCE 14 AND TECHNOLOGY POLICY.—The Office of Science and 15 Technology Policy shall collate, organize, and publicly 16 share all information it receives under subsection (m) in 17 one place on its own website. In addition, the Director of 18 the Office of Science and Technology Policy shall, on an- 19 nual basis, convene the Scienti [Text truncated for display. Full text available on Congress.gov.]