Scientific Integrity Act
This bill revises provisions regarding the release of scientific research results by federal agencies.
Each agency that funds, conducts, or oversees scientific research must (1) adopt and enforce a scientific integrity policy that includes requirements such as that scientific conclusions are not based on political considerations, and (2) submit such policy to the Office of Science and Technology Policy (OSTP) for approval. Each agency must make such policy available to the public and submit such policy to Congress. Agencies and the OSTP must periodically review the policies. The Government Accountability Office shall review implementation of the policies.
Each agency shall (1) appoint a Scientific Integrity Officer, (2) establish a process for dispute resolution consistent with the scientific integrity policy, and (3) establish a specified training program for current and new employees.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 849 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 849
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
February 4, 2021
Mr. Tonko (for himself, Ms. Johnson of Texas, Ms. Stevens, Mr.
Lowenthal, Ms. Bonamici, Mr. Beyer, Mr. Foster, Mr. Casten, Mr.
Fitzpatrick, Mr. Perlmutter, Mr. Garamendi, Mrs. Hayes, Mr. Pascrell,
Mr. Michael F. Doyle of Pennsylvania, Mr. Kilmer, Ms. Sewell, Ms.
Houlahan, Mr. Cooper, Mr. Horsford, Mr. Quigley, Mr. Panetta, Mr. Smith
of Washington, Mr. David Scott of Georgia, Mr. Takano, Ms. Brownley,
Ms. Matsui, Mr. Morelle, Ms. Lee of California, Ms. Velazquez, Ms.
Clarke of New York, Mrs. Kirkpatrick, Mr. Malinowski, Mr. Lieu, Mr.
Sarbanes, Ms. DelBene, Mr. McGovern, Miss Rice of New York, Ms.
McCollum, Mr. Carbajal, Mr. Gallego, Mr. Garcia of Illinois, Mr.
Butterfield, Ms. Kuster, Mr. Huffman, Mr. Thompson of California, Mr.
Sherman, Mrs. Beatty, Mr. Veasey, Mr. Kim of New Jersey, Ms. Barragan,
Mr. Bera, Mr. Crist, Mr. Swalwell, Mr. Hastings, Mr. Higgins of New
York, Mr. Cleaver, Mrs. Dingell, Mr. Lynch, Mr. Stanton, Mr. Lamb, Ms.
Scanlon, Mr. McEachin, Mr. Nadler, Ms. Jackson Lee, Mr. Khanna, Mr.
McNerney, Mr. Case, Mr. Kahele, Mr. Pallone, Mr. Rush, Mrs. Napolitano,
Mr. Brendan F. Boyle of Pennsylvania, Mr. Connolly, Ms. Eshoo, Mr.
Pocan, Ms. Spanberger, Ms. Wexton, Mr. Ruppersberger, Ms. Ross, Mr.
Sires, Mrs. Carolyn B. Maloney of New York, Mr. Langevin, Ms. Norton,
Ms. Blunt Rochester, Mr. Larsen of Washington, Mr. Suozzi, Mr. DeFazio,
Ms. DeGette, Mr. Crow, Ms. Wasserman Schultz, Mr. Johnson of Georgia,
Ms. Speier, Mrs. Luria, Mr. Price of North Carolina, Mr. Levin of
California, Mr. Cohen, Ms. Chu, Mr. Delgado, Mr. Espaillat, Mr. Raskin,
Mr. Auchincloss, Mr. Pappas, Ms. Underwood, Mr. Welch, Ms. Manning, Mr.
Himes, Mrs. Fletcher, Mr. Jones, Mrs. Watson Coleman, Mr. Evans, Ms.
Davids of Kansas, Mr. Grijalva, Ms. Castor of Florida, Ms. Dean, Mr.
Neguse, Ms. Lois Frankel of Florida, Mr. Blumenauer, Ms. Strickland,
Mrs. Trahan, Mr. Yarmuth, Ms. Leger Fernandez, Mr. DeSaulnier, Ms.
Kelly of Illinois, Mr. Vela, Mrs. Lawrence, Ms. Schakowsky, Mr.
Cicilline, Mr. Sablan, Mr. Scott of Virginia, Mr. Meeks, Ms. Sanchez,
Mr. Cardenas, Mrs. Bustos, Mr. Danny K. Davis of Illinois, Ms. Garcia
of Texas, Mrs. Demings, Ms. Tlaib, Ms. Jayapal, Ms. Adams, Mr.
O'Halleran, Mr. Kildee, Ms. Roybal-Allard, Ms. Titus, Ms. Newman, Mr.
Ryan, Ms. Clark of Massachusetts, Ms. Lofgren, Mr. Keating, Mr. Levin
of Michigan, Ms. Escobar, Ms. Pingree, Ms. Moore of Wisconsin, Mr.
Correa, Mr. Trone, Ms. Meng, Mrs. Murphy of Florida, Mrs. McBath, Mr.
Cuellar, Mrs. Axne, Mr. Green of Texas, Ms. Porter, Ms. Kaptur, and Mr.
Thompson of Mississippi) 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 help 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) a Federal agency that funds, conducts, or oversees
research should not suppress, alter, interfere with, or
otherwise impede the timely 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;
(6) Federal agencies that fund, conduct, or oversee
research should work to prevent the suppression or distortion
of the data and findings;
(7) under the First Amendment to the Constitution, citizens
of the United States have the right to ``petition the
government for a redress of grievances''; and
(8) Congress has further protected those rights under
section 7211 of title 5, United States Code, which states,
``the right of employees, individually or collectively, to
petition Congress or a member of Congress . . . may not be
interfered with or denied''.
SEC. 3. AMENDMENT TO AMERICA COMPETES ACT.
Section 1009 of the America COMPETES Act (42 U.S.C. 6620) is
amended by striking subsections (a) and (b) and inserting the
following:
``(a) Scientific Integrity Policies.--
``(1) In general.--Not later than 90 days after the date of
enactment of the Scientific Integrity Act, the head of each
covered agency shall--
``(A) adopt and enforce a scientific integrity
policy in accordance with subsections (b) and (c); and
``(B) submit such policy to the Director of the
Office of Science and Technology Policy for approval.
``(2) Publication.--Not later than 30 days after the
Director of the Office of Science and Technology Policy
approves the scientific integrity policy under paragraph (1),
the head of each covered agency shall--
``(A) make such policy available to the public on
the website of the agency; and
``(B) submit such policy to the relevant Committees
of Congress.
``(b) Requirements.--A scientific integrity policy under subsection
(a)--
``(1) shall prohibit any covered individual from--
``(A) engaging in dishonesty, fraud, deceit,
misrepresentation, coercive manipulation, or other
scientific or research misconduct;
``(B) suppressing, altering, interfering with,
delaying without scientific merit, or otherwise
impeding the release and communication of, scientific
or technical findings;
``(C) intimidating or coercing an individual to
alter or censor, attempting to intimidate or coerce an
individual to alter or censor, or retaliating against
an individual for failure to alter or censor,
scientific or technical findings; or
``(D) implementing an institutional barrier to
cooperation with scientists outside the covered agency
and the timely communication of scientific or technical
findings;
``(2) shall allow a covered individual to--
``(A) disseminate scientific or technical findings,
subject to existing law, by--
``(i) participating in scientific
conferences; and
``(ii) seeking publication in online and
print publications through peer-reviewed,
professional, or scholarly journals;
``(B) sit on scientific advisory or governing
boards;
``(C) join or hold leadership positions on
scientific councils, societies, unions, and other
professional organizations;
``(D) contribute to the academic peer-review
process as reviewers or editors; and
``(E) participate and engage with the scientific
community;
``(3) may require a covered individual to, before
disseminating scientific or technical findings as described in
paragraph (2)(A), submit such findings to the agency for the
purpose of review by the agency of the data and findings for
technical accuracy if the scientific integrity policy outlines
a clear and consistent process for such review; and
``(4) shall require that--
``(A) scientific conclusions are not made based on
political considerations;
``(B) 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;
``(C) personnel actions regarding covered
individuals, except for political appointees, are not
taken on the basis of political consideration or
ideology;
``(D) covered individuals adhere to the highest
ethical and professional standards in conducting their
research and disseminating their findings;
``(E) the appropriate rules, procedures, and
safeguards are in place to ensure the integrity of the
scientific process within the covered agency;
``(F) scientific or technological information
considered in policy decisions is subject to well-
established scientific processes, including peer review
where appropriate;
``(G) procedures, including procedures with respect
to 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
``(H) enforcement of such policy is consistent with
the processes for an administrative hearing and an
administrative appeal.
``(c) Implementation.--In carrying out subsection (a), the head of
each covered agency shall--
``(1) design the scientific integrity policy to apply with
respect to the covered agency;
``(2) ensure that such policy is clear with respect to what
activities are permitted and what activities are not permitted;
``(3) ensure that there is a process for individuals not
employed or contracted by the agency, including grantees,
collaborators, partners, and volunteers, to report violations
of the scientific integrity policy;
``(4) enforce such policy uniformly throughout the covered
agency; and
``(5) make such policy available to the public, employees,
private contractors, and grantees of the covered agency.
``(d) Scientific Integrity Officer.--Not later than 90 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 a
professional position;
``(2) have technical knowledge and expertise in conducting
and overseeing scientific research;
``(3) direct the activities and duties described in
subsections (e), (f), and (g); and
``(4) work closely with the inspector general of the
covered agency, as appropriate.
``(e) Administrative Process and Training.--Not later than 180 days
after the date of enactment of this Act, the head of each covered
agency shall establish--
``(1) an administrative process and administrative appeal
process for dispute resolution consistent with the scientific
integrity policy of the covered agency adopted under subsection
(a); and
``(2) a training program to provide--
``(A) regular scientific integrity and ethics
training to employees and contractors of the covered
agency;
``(B) new covered employees with training within
one month of commencing employment;
``(C) information to ensure that covered
individuals are fully aware of their rights and
responsibilities regarding the conduct of scientific
research, publication of scientific research, and
communication with the media and the public regarding
scientific research; and
``(D) 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.
``(f) Reporting.--
``(1) Annual report.--Each year, each Scientific Integrity
Officer appointed by a covered agency under subsection (d)
shall post an annual report on the public website of the
covered agency that includes, for the year covered by the
report--
``(A) the number of complaints of misconduct with
respect to the scientific integrity policy adopted
under subsection (a)--
``(i) filed for administrative redress;
``(ii) petitioned for administrative
appeal; and
``(iii) still pending from years prior to
the year covered by the report, if any;
``(B) an anonymized summary of each such complaint
and the results of each such complaint; and
``(C) any changes made to the scientific integrity
policy.
``(2) Incident report.--
``(A) In general.--Not later than 30 days after the
date on which an incident described in subparagraph (B)
occurs, the head of a covered agency shall submit a
report describing the incident to the Office of Science
and Technology Policy and the relevant Committees of
Congress.
``(B) Incident.--An incident described under this
paragraph is an incident in which an individual, acting
outside the channels established under subsection (e),
overrules the decision of the Scientific Integrity
Officer with respect to a dispute regarding a violation
of the scientific integrity policy.
``(g) Office of Science and Technology Policy.--The Director of the
Office of Science and Technology Policy shall--
``(1) collate, organize, and publicly share all information
it receives under subsection (g) in one place on its own
website; and
``(2) on an annual basis, convene the Scientific Integrity
Officer of each covered agency appointed under subsection (d)
to discuss best practices for implementing the requirements of
this section.
``(h) Periodic Review and Approval.--
``(1) Internal review.--The head of each covered agency
shall periodically conduct a review of the scientific integrity
policy and change such policy as appropriate.
``(2) Review by the office of science and technology
policy.--
``(A) Review of substantial updates.--The head of
each covered agency shall submit to the Office of
Science and Technology Policy for approval any
substantial changes to the scientific integrity policy.
``(B) Quinquennial review.--Not later than 5 years
after the date of the enactment of the Scientific
Integrity Act, and quinquennially thereafter, the head
of each covered agency shall submit the scientific
integrity policy to the Office of Science and
Technology Policy for review and approval.
``(i) Comptroller General Review.--Not later than 2 years after the
date of the enactment of the Scientific Integrity Act, the Comptroller
General shall conduct a review of the implementation of the scientific
integrity policy by each covered agency.
``(j) 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) Relevant committees of congress.--The term `relevant
Committees of Congress' means--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate; and
``(B) the Committee on Science, Space, and
Technology of the House of Representatives.''.
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 under the amendments made by this
Act if the head of the covered agency--
(1) makes a written determination that the policy satisfies
such requirements; and
(2) submits the written determination and the policy to the
Director of the Office of Science and Technology Policy for
review and approval.
(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).
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Science, Space, and Technology.
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