I 

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. 

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. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 


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1 (1) science and the scientific process should in2 form and guide public policy decisions on a wide 

3 range of issues, including improvement of public 

4 health, protection of the environment, and protection 

5 of national security; 

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

7 and scientific process informing public policy deci8 sions; 

9 (3) science, the scientific process, and the com10 munication of science should be free from politics, 

11 ideology, and financial conflicts of interest; 

12 (4) policies and procedures that ensure the in13 tegrity of the conduct and communication of publicly 

14 funded science are critical to ensuring public trust; 

15 (5) Federal agencies that fund, conduct, or 

16 oversee research should promote and maximize the 

17 communication and open exchange of data and find18 ings to other agencies, policymakers, and the public 

19 of research conducted by a scientist or engineer em20 ployed or contracted by a Federal agency that funds, 

21 conducts, or oversees scientific research; and 

22 (6) Federal agencies that fund, conduct, or 

23 oversee research should work to prevent the suppres24 sion or distortion of the data and findings. 


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1 SEC. 3. AMENDMENT TO AMERICA COMPETES ACT. 

2 Section 1009 of the America COMPETES Act (42 

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

4 ‘‘(a) PROHIBITED CONDUCT.—No covered individual 

5 shall— 

6 ‘‘(1) engage in dishonesty, fraud, deceit, mis7 representation, coercive manipulation, or other sci8 entific or research misconduct; 

9 ‘‘(2) suppress, alter, interfere with, or otherwise 

10 impede the timely release and communication of, sci11 entific or technical findings; 

12 ‘‘(3) intimidate or coerce an individual to alter 

13 or censor, or retaliate against an individual for fail14 ure to alter or censor, scientific or technical find15 ings; or 

16 ‘‘(4) implement institutional barriers to co17 operation and the timely communication of scientific 

18 or technical findings. 

19 ‘‘(b) SCIENTIFIC PUBLICATIONS AND CON20 FERENCES.— 

21 ‘‘(1) DISSEMINATION OF FINDINGS.—Subject to 

22 existing law, a covered individual may disseminate 

23 scientific or technical findings— 

24 ‘‘(A) by participating in scientific con25 ferences; and 


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1 ‘‘(B) seeking publication in online and 

2 print publications through peer-reviewed, pro3 fessional, or scholarly journals. 

4 ‘‘(2) REVIEW BY AGENCIES.— 

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

6 require a covered individual to, before dissemi7 nating scientific or technical findings under 

8 paragraph (1), submit the findings to the cov9 ered agency so that the agency may conduct a 

10 review of the data and findings for technical ac11 curacy and compliance with subsection (a). 

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

13 not complete the review under subparagraph 

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

15 individual within 30 days of the submission— 

16 ‘‘(i) the submission shall be deemed 

17 approved by the covered agency; and 

18 ‘‘(ii) the covered individual may pro19 ceed with plans to disseminate the sci20 entific or technical findings. 

21 ‘‘(c) LEADERSHIP IN THE SCIENTIFIC COMMU22 NITY.—Subject to applicable law governing ethics and con23 flicts of interest, a covered individual may— 

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

25 boards; 


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1 ‘‘(2) join or hold leadership positions on sci2 entific councils, societies, unions, and other profes3 sional organizations; 

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

5 process as reviewers or editors; and 

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

7 community. 

8 ‘‘(d) PUBLIC STATEMENTS ON BASIC OR APPLIED

9 RESEARCH.—Whenever a covered agency seeks to make 

10 a public statement about the conclusions of basic or ap11 plied research in science or engineering conducted by a 

12 covered individual— 

13 ‘‘(1) the covered individual shall have the op14 portunity to review the public statement for tech15 nical accuracy; and 

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

17 of the review under paragraph (1), the covered agen18 cy and the covered individual shall jointly revise the 

19 public statement. 

20 ‘‘(e) INTERVIEW REQUESTS ON RESEARCH; PER21 SONAL STATEMENTS.— 

22 ‘‘(1) INTERVIEW REQUESTS TO COVERED INDI23 VIDUALS.—A covered individual may respond to 

24 media interview requests regarding their scientific or 

25 technical findings from research conducted by the 


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1 individual without prior approval from the covered 

2 agency supporting the research of the covered indi3 vidual, but the covered agency may require the cov4 ered individual to report the subject of any such 

5 interview. 

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

7 the event a covered agency supporting the research 

8 of a covered individual receives a media interview re9 quest regarding that research, the covered agency 

10 shall— 

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

12 of responding to the interview directly; or 

13 ‘‘(B) provide a knowledgeable spokesperson 

14 who can, in an objective, nonpartisan, and ar15 ticulate manner, describe and explain the sci16 entific and technical findings to the media and 

17 the people of the United States. 

18 ‘‘(3) PERSONAL STATEMENTS.—A covered indi19 vidual may present viewpoints in an interview under 

20 paragraphs (1) and (2) that extend beyond the sci21 entific or technical findings of the covered individual, 

22 and incorporate the expert or personal opinions of 

23 the covered individual, including on matters of policy 

24 only if the covered individual indicates that they are 

25 presenting their individual opinions. 


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

2 individual presenting viewpoints under paragraph 

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

4 financial conflicts of interest or non-financial con5 flicts of interest. 

6 ‘‘(5) BIOGRAPHICAL INFORMATION.—Any cov7 ered individual presenting viewpoints under para8 graph (3) may note their affiliation with a covered 

9 agency as part of their biographical information, 

10 provided that the affiliation is noted as 1 of several 

11 biographical details of the covered individual. 

12 ‘‘(f) SCIENTIFIC INTEGRITY POLICIES.—Not later 

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

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

15 ‘‘(1) develop, adopt, and enforce a scientific in16 tegrity policy; and 

17 ‘‘(2) submit the scientific integrity policy to the 

18 Director of the Office of Science and Technology 

19 Policy and Congress. 

20 ‘‘(g) REQUIREMENTS.—A scientific integrity policy 

21 under subsection (b) shall— 

22 ‘‘(1) be consistent with the principles estab23 lished under subsections (a) through (d); 


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

2 not permitted or recommended under that policy, in3 cluding procedures; 

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

5 agency; 

6 ‘‘(4) be applied uniformly throughout the cov7 ered agency; and 

8 ‘‘(5) be publicly accessible and widely commu9 nicated to all employees, private contractors, and 

10 grantees of the covered agency. 

11 ‘‘(h) CONTENTS.—In addition to the requirements in 

12 subsection (g), each scientific integrity policy under sub13 section (g) shall, at a minimum, ensure that— 

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

15 on political considerations; 

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

17 for science and technology positions in the covered 

18 agency are based primarily on the candidate’s exper19 tise, scientific credentials, experience, and integrity; 

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

21 interfere, or otherwise impede the timely release and 

22 communication of scientific or technical findings; 

23 ‘‘(4) personnel actions regarding covered indi24 viduals, except for political appointees, are not made 

25 based on political consideration or ideology; 


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1 ‘‘(5) covered individuals cannot intimidate or 

2 coerce others to alter or censor scientific findings; 

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

4 ethical and professional standards in conducting 

5 their research and disseminating their findings; 

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

7 safeguards are in place to ensure the integrity of the 

8 scientific process within the covered agency; 

9 ‘‘(8) scientific or technological information con10 sidered in policy decisions is subject to well-estab11 lished scientific processes, including peer review 

12 where appropriate; 

13 ‘‘(9) procedures, including any applicable whis14 tleblower protections, are in place as are necessary 

15 to ensure the integrity of scientific and technological 

16 information and processes on which the covered 

17 agency relies in its decision making or otherwise 

18 uses; and 

19 ‘‘(10) include enforcement processes consistent 

20 for an administrative hearing and an administrative 

21 appeal. 

22 ‘‘(i) APPLICATION.—Each scientific integrity policy 

23 adopted under subsection (f) shall apply to covered indi24 viduals. 


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1 ‘‘(j) SCIENTIFIC INTEGRITY OFFICER.—Not later 

2 than 30 days after the date of enactment of this Act, each 

3 covered agency shall appoint a Scientific Integrity Officer, 

4 who shall— 

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

6 in an science and professional positions; 

7 ‘‘(2) have substantial technical knowledge and 

8 expertise in conducting and overseeing scientific re9 search; and 

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

11 subsections (k), (l), and (m). 

12 ‘‘(k) POLICIES, PROCESS, AND TRAINING.—Not later 

13 than 180 days after the date of enactment of this Act, 

14 each covered agency shall adopt and implement— 

15 ‘‘(1) an administrative process and administra16 tive appeal for dispute resolution consistent with the 

17 covered agency’s scientific integrity policy adopted 

18 under subsection (f); and 

19 ‘‘(2) a training program to— 

20 ‘‘(A) provide regular scientific integrity 

21 and ethics training to employees and contrac22 tors of the covered agency; 

23 ‘‘(B) provide new covered employees with 

24 training within one month of commencing em25 ployment; 


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1 ‘‘(C) provide information to ensure that 

2 covered individuals are fully aware of their 

3 rights and responsibilities regarding the con4 duct of scientific research, publication of sci5 entific research, communication with the media 

6 and the public regarding scientific research; and 

7 ‘‘(D) provide information to ensure that 

8 covered individuals are fully aware of their 

9 rights and responsibilities for administrative 

10 hearings and appeals established in the covered 

11 agency’s scientific integrity policy. 

12 ‘‘(l) REPORTING.—Each Scientific Integrity Officer 

13 appointed by a covered agency under subsection (j) shall 

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

15 agency that includes— 

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

17 administrative redress for the year covered by the 

18 report; 

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

20 for administrative appeal for the year covered by the 

21 report; and 

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

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


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1 ‘‘(m) RECORD.—Each scientific integrity policy, proc2 ess, and report produced by a covered agency under this 

3 section shall be— 

4 ‘‘(1) submitted to— 

5 ‘‘(A) the Committee on Commerce, 

6 Science, and Transportation of the Senate; 

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

8 and Technology of the House of Representa9 tives; and 

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

11 Policy; and 

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

13 of the covered agency. 

14 ‘‘(n) COORDINATION BY THE OFFICE OF SCIENCE

15 AND TECHNOLOGY POLICY.—The Office of Science and 

16 Technology Policy shall collate, organize, and publicly 

17 share all information it receives under subsection (m) in 

18 one place on its own website. In addition, the Director of 

19 the Office of Science and Technology Policy shall, on an20 nual basis, convene the Scientific Integrity Officer of each 

21 covered agency appointed under subsection (j) to discuss 

22 best practices for implementing the requirements of this 

23 section. 

24 ‘‘(o) DEFINITIONS.—In this section: 


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1 ‘‘(1) AGENCY.—The term ‘agency’ has the 

2 meaning given the term in section 551 of title 5, 

3 United States Code. 

4 ‘‘(2) COVERED AGENCY.—The term ‘covered 

5 agency’ means an agency that funds, conducts, or 

6 oversees scientific research. 

7 ‘‘(3) COVERED INDIVIDUAL.—The term ‘cov8 ered individual’ means a Federal employee or con9 tractor who— 

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

11 scientific activities; 

12 ‘‘(B) analyzes or publicly communicates in13 formation resulting from scientific activities; or 

14 ‘‘(C) uses scientific information or analyses 

15 in making bureau, office, or agency policy, man16 agement, or regulatory decisions. 

17 ‘‘(4) PUBLIC STATEMENT.—The term ‘public 

18 statement’ means any communication that is in19 tended for, or should reasonably be expected to have, 

20 broad distribution outside the Federal Government, 

21 including— 

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

23 advisories, news conferences, broadcast appear24 ances, and interviews or discussions with jour25 nalists; 


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

2 papers in publications or other writings distrib3 uted through mass-mailing, e-mail, or posting 

4 on a website or social media platform; 

5 ‘‘(C) materials and presentations for public 

6 educational instruction, lectures, conferences, 

7 seminars, and similar venues; and 

8 ‘‘(D) public distribution of audiovisual 

9 works, such as slide sets, PowerPoint presen10 tations, podcasts, online video, and exhibits.’’. 

11 SEC. 4. EXISTING POLICIES; CLARIFICATION. 

12 (a) EXISTING SCIENTIFIC INTEGRITY POLICIES.— 

13 Notwithstanding the amendments made by this Act, a cov14 ered agency’s scientific integrity policy that was in effect 

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

16 satisfy the requirements of this Act if the head of the cov17 ered agency— 

18 (1) makes a written determination that the pol19 icy satisfies the requirements of that section; and 

20 (2) submits the written determination and the 

21 policy to the Director of the Office of Science and 

22 Technology Policy for review. 

23 (b) CLARIFICATION.—Nothing in this Act shall affect 

24 the application of United States copyright law. 


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1 (c) COVERED AGENCY DEFINED.—The term ‘‘cov2 ered agency’’ has the meaning given the term in section 

3 1009 of the America COMPETES Act (42 U.S.C. 6620). 

Æ 


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