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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Scientific Integrity 

5 Act’’. 

6 SEC. 2. DEFINITION OF COVERED AGENCY. 

7 In this Act, the term ‘‘covered agency’’ means any 

8 agency, as defined in section 551 of title 5, United States 

9 Code, that funds, conducts, or oversees scientific research. 


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1 SEC. 3. SENSE OF CONGRESS. 

2 It is the sense of Congress that— 

3 (1) science and the scientific process should in4 form and guide public policy decisions on a wide 

5 range of issues, including improvement of public 

6 health, protection of the environment, and protection 

7 of national security; 

8 (2) the public must be able to trust the science 

9 and scientific process informing public policy deci10 sions; 

11 (3) science, the scientific process, and the com12 munication of science should be free from politics, 

13 ideology, and financial conflicts of interest; 

14 (4) policies and procedures that ensure the in15 tegrity of the conduct and communication of publicly 

16 funded science are critical to ensuring public trust; 

17 (5) covered agencies should promote and maxi18 mize the communication and open exchange of data 

19 and findings to other agencies, policymakers, and 

20 the public of research conducted by a scientist or en21 gineer employed or contracted by the covered agen22 cy; and 

23 (6) covered agencies should work to prevent the 

24 suppression or distortion of the data and findings. 


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1 SEC. 4. PRINCIPLES; IMPLEMENTATION AND SCIENTIFIC 

2 INTEGRITY POLICIES. 

3 Section 1009 of the America COMPETES Act (42 

4 U.S.C. 6620) is amended to read as follows: 

5 ‘‘(a) DEFINITIONS.—In this section: 

6 ‘‘(1) COVERED AGENCY.—The term ‘covered 

7 agency’ means any agency, as defined in section 551 

8 of title 5, United States Code, that funds, conducts, 

9 or oversees scientific research or the analysis of re10 search. 

11 ‘‘(2) COVERED INDIVIDUAL.—The term ‘cov12 ered individual’ means a Federal employee or con13 tractor who— 

14 ‘‘(A) is engaged in, supervises, or manages 

15 scientific activities; 

16 ‘‘(B) analyzes or publicly communicates in17 formation resulting from scientific activities; or 

18 ‘‘(C) uses scientific information or analyses 

19 in making bureau, office, or agency policy, man20 agement, or regulatory decisions. 

21 ‘‘(3) PUBLIC STATEMENT.—The term ‘public 

22 statement’ means any communication that is in23 tended for, or should reasonably be expected to have, 

24 broad distribution outside the Federal Government, 

25 including— 


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1 ‘‘(A) public speeches, news releases and 

2 advisories, news conferences, broadcast appear3 ances, and interviews or discussions with jour4 nalists; 

5 ‘‘(B) public writings, such as articles or 

6 papers in publications or other writings distrib7 uted through mass-mailing, e-mail, or posting 

8 on a website or social media platform; 

9 ‘‘(C) materials and presentations for public 

10 educational instruction, lectures, conferences, 

11 seminars, and similar venues; and 

12 ‘‘(D) public distribution of audiovisual 

13 works, such as slide sets, PowerPoint presen14 tations, podcasts, online video, and exhibits. 

15 ‘‘(b) PROHIBITED CONDUCT.—No covered individual 

16 shall— 

17 ‘‘(1) engage in dishonesty, fraud, deceit, mis18 representation, coercive manipulation, or other sci19 entific or research misconduct; 

20 ‘‘(2) suppress, alter, interfere, or otherwise im21 pede the timely release and communication of sci22 entific or technical findings; 

23 ‘‘(3) intimidate, coerce, or retaliate against cov24 ered individuals or others to alter or censor scientific 

25 or technical findings; or 


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1 ‘‘(4) implement institutional barriers to co2 operation and the timely communication of scientific 

3 or technical findings. 

4 ‘‘(c) SCIENTIFIC PUBLICATIONS AND CON5 FERENCES.— 

6 ‘‘(1) DISSEMINATION OF FINDINGS.—A covered 

7 individual may disseminate scientific or technical 

8 findings— 

9 ‘‘(A) by participating in scientific con10 ferences; and 

11 ‘‘(B) seeking publication in online and 

12 print publications through peer-reviewed, pro13 fessional, or scholarly journals. 

14 ‘‘(2) REVIEW BY AGENCIES.— 

15 ‘‘(A) IN GENERAL.—A covered agency may 

16 require a covered individual to, before dissemi17 nating scientific or technical findings under 

18 paragraph (1), submit the findings to the cov19 ered agency so that the agency may conduct a 

20 review of the data and findings for technical ac21 curacy and compliance with subsection (b). 

22 ‘‘(B) APPROVAL.—If a covered agency does 

23 not complete the review under subparagraph 

24 (A) of data and findings submitted by a covered 

25 individual within 30 days of the submission— 


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1 ‘‘(i) the submission shall be deemed 

2 approved by the covered agency; and 

3 ‘‘(ii) the covered individual may pro4 ceed with plans to disseminate the sci5 entific or technical findings. 

6 ‘‘(d) LEADERSHIP IN THE SCIENTIFIC COMMU7 NITY.—Subject to applicable law governing ethics and con8 flicts of interest, a covered individual may— 

9 ‘‘(1) sit on scientific advisory or governing 

10 boards; 

11 ‘‘(2) join or hold leadership positions on sci12 entific councils, societies, unions, and other profes13 sional organizations; 

14 ‘‘(3) contribute to the academic peer-review 

15 process as reviewers or editors; and 

16 ‘‘(4) participate and engage with the scientific 

17 community. 

18 ‘‘(e) PUBLIC STATEMENTS ON BASIC OR APPLIED

19 RESEARCH.—Whenever a covered agency seeks to make 

20 a public statement about the conclusions of basic or ap21 plied research in science or engineering conducted by a 

22 covered individual— 

23 ‘‘(1) the covered individual shall have the op24 portunity to review the public statement for tech25 nical accuracy; and 


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1 ‘‘(2) if an inaccuracy is discovered as a result 

2 of the review under paragraph (1), the covered agen3 cy and the covered individual shall jointly revise the 

4 public statement. 

5 ‘‘(f) INTERVIEW REQUESTS ON RESEARCH; PER6 SONAL STATEMENTS.— 

7 ‘‘(1) INTERVIEW REQUESTS TO COVERED INDI8 VIDUALS.—A covered individual may respond to 

9 media interview requests regarding their scientific or 

10 technical findings from research conducted by the 

11 individual without prior approval from the covered 

12 agency supporting the research of the covered indi13 vidual, but the covered agency may require the cov14 ered individual to report the subject of any such 

15 interview. 

16 ‘‘(2) INTERVIEW REQUESTS TO AGENCIES.—In 

17 the event a covered agency supporting the research 

18 of a covered individual receives a media interview re19 quest regarding that research, the covered agency 

20 shall— 

21 ‘‘(A) offer the covered individual the choice 

22 of responding to the interview directly; or 

23 ‘‘(B) provide a knowledgeable spokesperson 

24 who can, in an objective, nonpartisan, and ar25 ticulate manner, describe and explain the sciVerDate Sep 11 2014 02:43 Mar 23, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S775.IS S775

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1 entific and technical findings to the media and 

2 the people of the United States. 

3 ‘‘(3) PERSONAL STATEMENTS.—A covered indi4 vidual may present viewpoints in an interview under 

5 paragraphs (1) and (2) that extend beyond the sci6 entific or technical findings of the covered individual, 

7 and incorporate the expert or personal opinions of 

8 the covered individual, including on matters of pol9 icy, only if the covered individual indicates that they 

10 are presenting their individual opinions. 

11 ‘‘(4) CONFLICTS OF INTEREST.—Any covered 

12 individual presenting viewpoints under paragraph 

13 (3) shall disclose any apparent, potential, or actual 

14 financial conflict of interest or non-financial conflict 

15 of interest. 

16 ‘‘(5) BIOGRAPHICAL INFORMATION.—Any cov17 ered individual presenting viewpoints under para18 graph (3) may note their affiliation with a covered 

19 agency as part of their biographical information, 

20 provided that the affiliation is noted as 1 of several 

21 biographical details of the covered individual. 

22 ‘‘(g) SCIENTIFIC INTEGRITY POLICIES.—Not later 

23 than 90 days after the date of enactment of the Scientific 

24 Integrity Act, the head of each covered agency shall— 


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1 ‘‘(1) develop, adopt, and enforce a scientific in2 tegrity policy; and 

3 ‘‘(2) submit the scientific integrity policy to— 

4 ‘‘(A) the Director of the Office of Science 

5 and Technology Policy; and 

6 ‘‘(B) Congress. 

7 ‘‘(h) REQUIREMENTS.—Each scientific integrity pol8 icy developed by a covered agency under subsection (g) 

9 shall— 

10 ‘‘(1) be consistent with the principles estab11 lished under subsections (b) through (f); 

12 ‘‘(2) specifically address what is and what is 

13 not permitted or recommended under that policy, in14 cluding procedures; 

15 ‘‘(3) be specifically designed for the covered 

16 agency; 

17 ‘‘(4) be applied uniformly throughout the cov18 ered agency; and 

19 ‘‘(5) be publicly accessible and widely commu20 nicated to all covered individuals and grantees of the 

21 covered agency. 

22 ‘‘(i) CONTENTS.—In addition to the requirements 

23 under subsection (h), each scientific integrity policy adopt24 ed by a covered agency under subsection (g) shall, at a 

25 minimum, ensure that— 


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1 ‘‘(1) scientific conclusions are not made based 

2 on political considerations; 

3 ‘‘(2) the selection and retention of candidates 

4 for science and technology positions in the covered 

5 agency are based primarily on the expertise, sci6 entific credentials, experience, and integrity of the 

7 candidate; 

8 ‘‘(3) no covered individual shall suppress, alter, 

9 interfere, or otherwise impede the timely release and 

10 communication of scientific or technical findings; 

11 ‘‘(4) personnel actions regarding covered indi12 viduals, other than political appointees, are not 

13 made based on political consideration or ideology; 

14 ‘‘(5) covered individuals cannot intimidate or 

15 coerce others to alter or censor scientific findings; 

16 ‘‘(6) covered individuals adhere to the highest 

17 ethical and professional standards in conducting 

18 their research and disseminating their findings; 

19 ‘‘(7) the appropriate rules, procedures, and 

20 safeguards are in place to ensure the integrity of the 

21 scientific process within the covered agency; 

22 ‘‘(8) scientific or technological information con23 sidered in policy decisions is subject to well-estab24 lished scientific processes, including peer review 

25 where appropriate; 


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1 ‘‘(9) procedures, including any applicable whis2 tleblower protections, are in place as are necessary 

3 to ensure the integrity of scientific and technological 

4 information and processes on which the covered 

5 agency relies in decision making or otherwise uses; 

6 and 

7 ‘‘(10) include enforcement processes consistent 

8 for an administrative hearing and an administrative 

9 appeal. 

10 ‘‘(j) APPLICATION.—Each scientific integrity policy 

11 adopted under subsection (g) shall apply to covered indi12 viduals. 

13 ‘‘(k) SCIENTIFIC INTEGRITY OFFICER.—Not later 

14 than 30 days after the date of enactment of the Scientific 

15 Integrity Act, each covered agency shall appoint a Sci16 entific Integrity Officer, who shall— 

17 ‘‘(1) be a career employee at the covered agency 

18 in a scientific or professional position; 

19 ‘‘(2) have substantial technical knowledge and 

20 expertise in conducting and overseeing scientific re21 search; and 

22 ‘‘(3) direct the activities and duties described in 

23 subsections (l), (m), and (n). 

24 ‘‘(l) POLICIES, PROCESS, AND TRAINING.—Not later 

25 than 180 days after the date of enactment of the Scientific 


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1 Integrity Act, each covered agency shall adopt and imple2 ment— 

3 ‘‘(1) an administrative process and administra4 tive appeal for dispute resolution consistent with the 

5 scientific integrity policy adopted by the covered 

6 agency under subsection (g); and 

7 ‘‘(2) a training program to provide— 

8 ‘‘(A) regular scientific integrity and ethics 

9 training to covered individuals; 

10 ‘‘(B) covered individuals with training 

11 within 1 month of commencing employment; 

12 ‘‘(C) information to ensure that covered in13 dividuals are fully aware of their rights and re14 sponsibilities regarding the conduct of scientific 

15 research, publication of scientific research, com16 munication with the media and the public re17 garding scientific research; and 

18 ‘‘(D) information to ensure that covered 

19 individuals are fully aware of their rights and 

20 responsibilities for administrative hearings and 

21 appeals established in the scientific integrity 

22 policy of the covered agency. 

23 ‘‘(m) REPORTING.—Each Scientific Integrity Officer 

24 appointed by a covered agency under subsection (k) shall 


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1 post an annual report on the public website of the covered 

2 agency that includes— 

3 ‘‘(1) the number of misconduct cases filed for 

4 administrative redress for the year covered by the 

5 report; 

6 ‘‘(2) the number of misconduct cases petitioned 

7 for administrative appeal for the year covered by the 

8 report; and 

9 ‘‘(3) the number of cases still pending from 

10 years prior to the year covered by the report, if any. 

11 ‘‘(n) RECORD.—Each scientific integrity policy, proc12 ess, and report produced by a covered agency under this 

13 section shall be— 

14 ‘‘(1) submitted to— 

15 ‘‘(A) the Committee on Commerce, 

16 Science, and Transportation of the Senate; 

17 ‘‘(B) the Committee on Science, Space, 

18 and Technology of the House of Representa19 tives; and 

20 ‘‘(C) the Office of Science and Technology 

21 Policy; and 

22 ‘‘(2) made available to the public on the website 

23 of the covered agency. 

24 ‘‘(o) COORDINATION BY THE OFFICE OF SCIENCE

25 AND TECHNOLOGY.— 


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1 ‘‘(1) PUBLICATION.—The Office of Science and 

2 Technology Policy shall collate, organize, and pub3 licly share all information that the Office receives 

4 under subsection (n) on a single webpage on the 

5 website of the Office. 

6 ‘‘(2) ANNUAL CONVENING.—The Director of 

7 the Office of Science and Technology Policy shall, on 

8 annual basis, convene the Scientific Integrity Officer 

9 of each covered agency appointed under subsection 

10 (k) to discuss best practices for implementing the re11 quirements of this section.’’. 

12 SEC. 5. EXISTING POLICIES; RULE OF CONSTRUCTION. 

13 (a) EXISTING SCIENTIFIC INTEGRITY POLICIES.—A 

14 scientific integrity policy of a covered agency that was in 

15 effect on the day before the date of enactment of this Act 

16 may satisfy the requirements of section 1009 of the Amer17 ica COMPETES Act (42 U.S.C. 6620), as amended by 

18 section 4 of this Act, if the head of the covered agency— 

19 (1) makes a written determination that the pol20 icy satisfies the requirements of that section; and 

21 (2) submits the written determination and the 

22 policy to the Director of the Office of Science and 

23 Technology Policy for review. 


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1 (b) RULE OF CONSTRUCTION.—Nothing in this Act 

2 or the amendments made by this Act shall affect the appli3 cation of United States copyright law. 

Æ 


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