```

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1709 Introduced in House (IH)]

<DOC>

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.

    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 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) Federal agencies that fund, conduct, or oversee 
        research should promote and maximize the 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; and
            (6) Federal agencies that fund, conduct, or oversee 
        research should work to prevent the suppression or distortion 
        of the data and findings.

SEC. 3. AMENDMENT TO AMERICA COMPETES ACT.

    Section 1009 of the America COMPETES Act (42 U.S.C. 6620) is 
amended to read as follows:
    ``(a) Prohibited Conduct.--No covered individual shall--
            ``(1) engage in dishonesty, fraud, deceit, 
        misrepresentation, coercive manipulation, or other scientific 
        or research misconduct;
            ``(2) suppress, alter, interfere with, or otherwise impede 
        the timely release and communication of, scientific or 
        technical findings;
            ``(3) intimidate or coerce an individual to alter or 
        censor, or retaliate against an individual for failure to alter 
        or censor, scientific or technical findings; or
            ``(4) implement institutional barriers to cooperation and 
        the timely communication of scientific or technical findings.
    ``(b) Scientific Publications and Conferences.--
            ``(1) Dissemination of findings.--Subject to existing law, 
        a covered individual may disseminate scientific or technical 
        findings--
                    ``(A) by participating in scientific conferences; 
                and
                    ``(B) seeking publication in online and print 
                publications through peer-reviewed, professional, or 
                scholarly journals.
            ``(2) Review by agencies.--
                    ``(A) In general.--A covered agency may require a 
                covered individual to, before disseminating scientific 
                or technical findings under paragraph (1), submit the 
                findings to the covered agency so that the agency may 
                conduct a review of the data and findings for technical 
                accuracy and compliance with subsection (a).
                    ``(B) Approval.--If a covered agency does not 
                complete the review under subparagraph (A) of data and 
                findings submitted by a covered individual within 30 
                days of the submission--
                            ``(i) the submission shall be deemed 
                        approved by the covered agency; and
                            ``(ii) the covered individual may proceed 
                        with plans to disseminate the scientific or 
                        technical findings.
    ``(c) Leadership in the Scientific Community.--Subject to 
applicable law governing ethics and conflicts of interest, a covered 
individual may--
            ``(1) sit on scientific advisory or governing boards;
            ``(2) join or hold leadership positions on scientific 
        councils, societies, unions, and other professional 
        organizations;
            ``(3) contribute to the academic peer-review process as 
        reviewers or editors; and
            ``(4) participate and engage with the scientific community.
    ``(d) Public Statements on Basic or Applied Research.--Whenever a 
covered agency seeks to make a public statement about the conclusions 
of basic or applied research in science or engineering conducted by a 
covered individual--
            ``(1) the covered individual shall have the opportunity to 
        review the public statement for technical accuracy; and
            ``(2) if an inaccuracy is discovered as a result of the 
        review under paragraph (1), the covered agency and the covered 
        individual shall jointly revise the public statement.
    ``(e) Interview Requests on Research; Personal Statements.--
            ``(1) Interview requests to covered individuals.--A covered 
        individual may respond to media interview requests regarding 
        their scientific or technical findings from research conducted 
        by the individual without prior approval from the covered 
        agency supporting the research of the covered individual, but 
        the covered agency may require the covered individual to report 
        the subject of any such interview.
            ``(2) Interview requests to agencies.--In the event a 
        covered agency supporting the research of a covered individual 
        receives a media interview request regarding that research, the 
        covered agency shall--
                    ``(A) offer the covered individual the choice of 
                responding to the interview directly; or
                    ``(B) provide a knowledgeable spokesperson who can, 
                in an objective, nonpartisan, and articulate manner, 
                describe and explain the scientific and technical 
                findings to the media and the people of the United 
                States.
            ``(3) Personal statements.--A covered individual may 
        present viewpoints in an interview under paragraphs (1) and (2) 
        that extend beyond the scientific or technical findings of the 
        covered individual, and incorporate the expert or personal 
        opinions of the covered individual, including on matters of 
        policy only if the covered individual indicates that they are 
        presenting their individual opinions.
            ``(4) Conflicts of interest.--Any covered individual 
        presenting viewpoints under paragraph (3) shall disclose any 
        apparent, potential, or actual financial conflicts of interest 
        or non-financial conflicts of interest.
            ``(5) Biographical information.--Any covered individual 
        presenting viewpoints under paragraph (3) may note their 
        affiliation with a covered agency as part of their biographical 
        information, provided that the affiliation is noted as 1 of 
        several biographical details of the covered individual.
    ``(f) Scientific Integrity Policies.--Not later than 90 days after 
the date of enactment of the Scientific Integrity Act, the head of each 
covered agency shall--
            ``(1) develop, adopt, and enforce a scientific integrity 
        policy; and
            ``(2) submit the scientific integrity policy to the 
        Director of the Office of Science and Technology Policy and 
        Congress.
    ``(g) Requirements.--A scientific integrity policy under subsection 
(b) shall--
            ``(1) be consistent with the principles established under 
        subsections (a) through (d);
            ``(2) specifically address what is and what is not 
        permitted or recommended under that policy, including 
        procedures;
            ``(3) be specifically designed for the covered agency;
            ``(4) be applied uniformly throughout the covered agency; 
        and
            ``(5) be publicly accessible and widely communicated to all 
        employees, private contractors, and grantees of the covered 
        agency.
    ``(h) Contents.--In addition to the requirements in subsection (g), 
each scientific integrity policy under subsection (g) shall, at a 
minimum, ensure that--
            ``(1) scientific conclusions are not made based on 
        political considerations;
            ``(2) 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;
            ``(3) no covered individual shall suppress, alter, 
        interfere, or otherwise impede the timely release and 
        communication of scientific or technical findings;
            ``(4) personnel actions regarding covered individuals, 
        except for political appointees, are not made based on 
        political consideration or ideology;
            ``(5) covered individuals cannot intimidate or coerce 
        others to alter or censor scientific findings;
            ``(6) covered individuals adhere to the highest ethical and 
        professional standards in conducting their research and 
        disseminating their findings;
            ``(7) the appropriate rules, procedures, and safeguards are 
        in place to ensure the integrity of the scientific process 
        within the covered agency;
            ``(8) scientific or technological information considered in 
        policy decisions is subject to well-established scientific 
        processes, including peer review where appropriate;
            ``(9) procedures, including any 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
            ``(10) include enforcement processes consistent for an 
        administrative hearing and an administrative appeal.
    ``(i) Application.--Each scientific integrity policy adopted under 
subsection (f) shall apply to covered individuals.
    ``(j) Scientific Integrity Officer.--Not later than 30 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 an 
        science and professional positions;
            ``(2) have substantial technical knowledge and expertise in 
        conducting and overseeing scientific research; and
            ``(3) direct the activities and duties described in 
        subsections (k), (l), and (m).
    ``(k) Policies, Process, and Training.--Not later than 180 days 
after the date of enactment of this Act, each covered agency shall 
adopt and implement--
            ``(1) an administrative process and administrative appeal 
        for dispute resolution consistent with the covered agency's 
        scientific integrity policy adopted under subsection (f); and
            ``(2) a training program to--
                    ``(A) provide regular scientific integrity and 
                ethics training to employees and contractors of the 
                covered agency;
                    ``(B) provide new covered employees with training 
                within one month of commencing employment;
                    ``(C) provide information to ensure that covered 
                individuals are fully aware of their rights and 
                responsibilities regarding the conduct of scientific 
                research, publication of scientific research, 
                communication with the media and the public regarding 
                scientific research; and
                    ``(D) provide 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.
    ``(l) Reporting.--Each Scientific Integrity Officer appointed by a 
covered agency under subsection (j) shall post an annual report on the 
public website of the covered agency that includes--
            ``(1) the number of misconduct cases filed for 
        administrative redress for the year covered by the report;
            ``(2) the number of misconduct cases petitioned for 
        administrative appeal for the year covered by the report; and
            ``(3) the number of cases still pending from years prior to 
        the year covered by the report, if any.
    ``(m) Record.--Each scientific integrity policy, process, and 
report produced by a covered agency under this section shall be--
            ``(1) submitted to--
                    ``(A) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    ``(B) the Committee on Science, Space, and 
                Technology of the House of Representatives; and
                    ``(C) the Office of Science and Technology Policy; 
                and
            ``(2) made available to the public on the website of the 
        covered agency.
    ``(n) Coordination by the Office of Science and Technology 
Policy.--The Office of Science and Technology Policy shall collate, 
organize, and publicly share all information it receives under 
subsection (m) in one place on its own website. In addition, the 
Director of the Office of Science and Technology Policy shall, on 
annual basis, convene the Scientific Integrity Officer of each covered 
agency appointed under subsection (j) to discuss best practices for 
implementing the requirements of this section.
    ``(o) 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) Public statement.--The term `public statement' means 
        any communication that is intended for, or should reasonably be 
        expected to have, broad distribution outside the Federal 
        Government, including--
                    ``(A) public speeches, news releases and 
                advisories, news conferences, broadcast appearances, 
                and interviews or discussions with journalists;
                    ``(B) public writings, such as articles or papers 
                in publications or other writings distributed through 
                mass-mailing, e-mail, or posting on a website or social 
                media platform;
                    ``(C) materials and presentations for public 
                educational instruction, lectures, conferences, 
                seminars, and similar venues; and
                    ``(D) public distribution of audiovisual works, 
                such as slide sets, PowerPoint presentations, podcasts, 
                online video, and exhibits.''.

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 of this Act if the head of the 
covered agency--
            (1) makes a written determination that the policy satisfies 
        the requirements of that section; and
            (2) submits the written determination and the policy to the 
        Director of the Office of Science and Technology Policy for 
        review.
    (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>
```