[Federal Register Volume 75, Number 168 (Tuesday, August 31, 2010)]
[Notices]
[Pages 53325-53328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21591]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary


Proposed Scientific Integrity Policy of the Department of the 
Interior

AGENCY: Office of the Secretary, Interior.

ACTION: Notice and request for comments.

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SUMMARY: We, the Department of the Interior, are proposing and seeking 
comment on a Department-wide policy to ensure the integrity of 
scientific activities in the Department.

DATES: Submit comments by September 20, 2010.

ADDRESSES: Send comments to: <a href="/cdn-cgi/l/email-protection#71353e382e221218141f12142e381f0514160318050831181e025f151e185f161e07"><span class="__cf_email__" data-cfemail="dc989395838fbfb5b9b2bfb98395b2a8b9bbaeb5a8a59cb5b3aff2b8b3b5f2bbb3aa">[email protected]</span></a>.

FOR FURTHER INFORMATION CONTACT: Alan D. Thornhill, 1849 C Street, NW., 
MS 5428, Washington, DC 20240-0002, 202-208-6249.

SUPPLEMENTARY INFORMATION: In his March 9, 2009, memorandum on 
Scientific Integrity, the President states that, ``Each agency should 
adopt * * * procedures * * * to ensure the integrity of scientific and 
technological information and processes on which the agency relies in 
its decision making or otherwise uses or prepares.'' Interior has 
developed draft policies and standards for ensuring accuracy and 
integrity in all scientific activities conducted in the Department. 
After public comment, revision, and approval, we plan to incorporate 
these procedures into the Department Manual.
    You may submit comments on any part of these proposed procedures by 
e-mail, letter, or in person at the address in the ADDRESSES section of 
this notice. Before including your address, phone number, e-mail 
address, or other personal identifying information in your comment, you 
should be aware that your entire comment--including your personal 
identifying information--may be made publicly available at any time. 
While you can ask us in your comment to withhold your personal 
identifying information from public review, we cannot guarantee that we 
will be able to do so.
    The Department of the Interior proposes the following procedures 
for ensuring scientific integrity as a new chapter in the Department 
Manual:

3.1 Purpose

    A. This chapter establishes:
    (1) A Departmental policy on integrity of scientific activities 
and a code of scientific conduct;
    (2) Ethical standards for Department of the Interior (DOI) 
employees who conduct or supervise scientific activities for the 
Department, or who compile and translate scientific information into 
formats used by the Departmental management; and
    (3) A process for initial handling of violations of the 
scientific conduct code.
    B. Administrative rules and laws pertaining to activities such 
as falsification of government formats, sexual harassment, civil 
rights, acceptance of gifts, nepotism, disclosure of financial 
interest, conflict of interest or outside employment are neither 
altered nor superseded by the existence of this chapter.

3.2 Scope

    This chapter applies to:
    A. All employees and contractors who engage in scientific 
activities; and
    B. All volunteers who assist with scientific activities. 
(Volunteers are required to provide unbiased and objective 
information to their supervisors. All information collected by a 
volunteer is considered provisional until verified by the supervisor 
or other designee.)

3.3 Policy on Integrity of Scientific Activities

    The Department:
    A. Is dedicated to preserving the integrity of scientific 
activities conducted on its behalf and will not tolerate misconduct 
in the performance of scientific activities;
    B. Will take appropriate action to protect the public from the 
effects of inaccurate information produced through scientific 
activities;
    C. Will investigate, to the maximum extent of the law, each 
allegation of misconduct while ensuring the rights and privacy of 
any party against whom the allegation is made.
    D. Will take appropriate disciplinary action, which may include 
termination of employment, in accordance with DOI personnel policies 
for non-compliance with the Code of Scientific Conduct in section 
3.4.

3.4 Code of Scientific Conduct

    Each person covered by section 3.2 must adhere to the following 
code of scientific conduct:
    To the best of my ability I will do all of the following:
    <bullet> I will act in the interest of the advancement of 
science and contribute the best, highest quality scientific 
information for the Department of the Interior.
    <bullet> I will conduct, process data from, and communicate the 
results of scientific activities honestly, objectively, thoroughly, 
and expeditiously.
    <bullet> I will be responsible for the resources entrusted to 
me, including equipment, funds, my time, and my employees' time. I 
will promptly and accurately collect, use, and report all financial 
resources under my control; and promptly, thoroughly, and accurately 
report all scientific work.
    <bullet> I will fully disclose all research methods used, 
available data, and final reports and publications consistent with 
applicable laws and policy.
    <bullet> I will respect, to the fullest extent permitted by law, 
confidential and proprietary information provided by communities, 
Indian Tribes, and individuals whose interests and resources are 
studied or affected by scientific activities or the resulting 
information.
    <bullet> I will neither hinder the scientific activities of 
others nor engage in dishonesty, fraud, deceit, misrepresentation, 
coercive manipulation, or other scientific or research misconduct.
    <bullet> I will welcome constructive criticism of my scientific 
activities, will welcome and participate in appropriate peer 
reviews, and will critique others' work respectfully and 
objectively. I will substantiate comments that I make with the same 
care with which I report my own work.
    <bullet> I will be diligent in creating, using, preserving, 
documenting, and maintaining collections and data. I will adhere to 
established quality assurance and quality control programs. I will 
follow the Department's records retention policies and comply with 
Federal law and agreements related to use, security, and release of 
confidential and proprietary data.
    <bullet> I will adhere to appropriate standards for reporting 
the results of scientific activities and will respect the 
intellectual property rights of others.
    <bullet> I will, to the extent possible and practical, 
differentiate among facts, opinions,

[[Page 53326]]

hypotheses, and professional judgment in reporting the results of 
scientific activities to others, including scientists, decision 
makers, and the public.
    <bullet> I will be responsible for the quality of any data I 
collect or any interpretations I make, and for the integrity of 
conclusions I draw in the course of my scientific activities.
    <bullet> I will place quality and objectivity of scientific 
activities and reporting of their results ahead of personal gain or 
allegiance to individuals or organizations.

3.5 Employee Responsibilities

    A. All employees must comply with:
    (1) The Federal Policy for the Protection of Human Subjects, 
published at 56 FR 28012-28018 (June 18, 1991);
    (2) The Standards of Ethical Conduct for Employees of the 
Executive Branch in 5 CFR 2635; and
    (3) All Federal statutes, Executive Orders, Presidential 
Memoranda, Office of Government Ethics and Office of Personnel 
Management regulations, and Departmental regulations and policies 
(as required by 43 CFR 20.501 and 20.502).
    B. All employees must immediately report through official 
channels or directly to the Office of Inspector General (OIG):
    (1) Any known, suspected, or alleged fraud, waste, abuse, or 
mismanagement affecting the Department; and
    (2) Any serious integrity matter that affects the integrity of 
the Department.
    C. Employees who engage in scientific activities must comply 
with the Code contained in section 3.4.
    D. Employees who are involved in the conduct and reporting of 
scientific activities must comply with the Federal Policy on 
Research Misconduct, published at 65 FR 76260-76264 (December 6, 
2000).

3.6 Bureau and Office Responsibilities

    Each bureau and office must:
    A. Establish procedures to ensure adherence to the requirements 
of this chapter; and
    B. When investigating allegations of misconduct under this 
chapter, ensure that investigators have adequate scientific 
expertise, provide for due process, and be consistent with the 
Federal Policy on Research Misconduct.

3.7 Legal Effects of This Chapter

    This chapter:
    A. Is intended to improve the internal management of the 
Department of the Interior;
    B. Does not create any right or benefit, substantive or 
procedural, enforceable by law by any person against the United 
States, its agencies, its officers or employees, or any other 
person; and
    C. Does not replace the Standards of Ethical Conduct at 5 CFR 
2635 and other relevant ethical obligations of Department of the 
Interior scientists.

3.8 Allegations of Misconduct

A. Establishing a Finding of Scientific Misconduct

    Before taking disciplinary action under this section, a 
supervisor must establish a finding of scientific misconduct. A 
finding of scientific misconduct requires that:
    (1) There is a notable departure from accepted practices of the 
scientific community for maintaining the integrity of the scientific 
or research record;
    (2) The misconduct is committed intentionally, knowingly, or in 
reckless disregard of accepted practices; and
    (3) The allegation is established by a preponderance of 
evidence.

B. Disciplinary Action

    (1) Once a supervisor has verified an employee's misconduct 
under section 3.8A, the supervisor will administer disciplinary 
action in accordance with DOI personnel policies and using for 
guidance the Departmental Manual chapter on ``Discipline and Adverse 
Actions'' 370 DM 752. Supervisors should:
    (i) Select the penalty they believe necessary to correct the 
misconduct and to discourage repetition; and
    (ii) Evaluate each situation to ensure that the actions proposed 
and taken are reasonable.
    (2) When there is a significant unauthorized departure from 
accepted practices, or repeated violations of a less serious nature, 
supervisors may propose and decide on appropriate penalties, 
including termination of employment.
    (i) If a supervisor is considering a formal disciplinary action, 
the supervisor must immediately consult the Human Resources office.
    (ii) The Human Resources office may consult with the Office of 
the Solicitor (SOL) on proposed disciplinary actions and must 
consult with SOL on all proposed disciplinary actions that are 
appealable to the Merit Systems Protection Board.
    (3) All responses to allegations of misconduct, from inquiry to 
confirmation to adjudication and appeal, must be consistent with the 
guidelines and principles in the Federal Policy on Research 
Misconduct, Departmental policy, and 370 DM 752.

C. Appeal Rights

    For disciplinary actions up to and including a 14-day 
suspension, employees not covered by a collective bargaining 
agreement have the right to appeal through the Administrative 
Grievance Procedure. Employees covered by a collective bargaining 
agreement have the right to appeal through a Negotiated Grievance 
Procedure (NGP). For suspensions of more than 14 days, up to removal 
from Federal service, employees have the right to appeal to the 
Merit Systems Protection Board or through an applicable NGP (5 CFR 
752). Neither temporary employees, probationary employees, 
contractors, nor volunteers have any appeal rights.

3.9 Authorities

A. Statutes and Regulations

    (1) 5 U.S.C. 301 allows the head of an executive department to 
prescribe regulations for the conduct of its employees.
    (2) 43 CFR 20.501 requires employees of the Department to comply 
with all Federal statutes, Executive Orders, Office of Government 
Ethics and Office of Personnel Management regulations, and 
Departmental regulations.
    (3) 43 CFR 20.502 states that employees are required to carry 
out the announced policies and programs of the Department.
    (4) 43 CFR 20.502(a) states that an employee is subject to 
appropriate disciplinary action if he or she fails to comply with 
any lawful regulations, orders, or policies.

B. Federal Policy on Research Misconduct, 65 FR 76260-76264, 
December 6, 2000

C. Standards of Ethical Conduct for Employees of the Executive 
Branch, 5 CFR 2635

3.10 Definitions

A. Conflict of Interest

    Any financial or other interest which conflicts with the actions 
or judgments of an employee when conducting scientific activities 
because it:
    (1) Could significantly impair the employee's objectivity; or
    (2) Could create an unfair competitive advantage for any person 
or organization.
    Department of the Interior scientists are also subject to 
conflict of interest and appearance of a lack of impartiality 
requirements at 18 U.S.C. 208 and 5 CFR 2635 Subparts D and E.

B. Decision Makers

    Departmental employees who:
    (1) Are not engaged in scientific activities;
    (2) Communicate, recommend, or decide policy or management;
    (3) Communicate, recommend, or decide expenditure of 
Departmental funds; and
    (4) Rely in part on scientific products, or on documents 
compiled and translated from scientific products, to ensure that 
agency actions are supported by evidence and have a rational basis, 
and are not arbitrary or capricious.
    During the conduct of Departmental business, decision makers may 
be involved in editing of documents for clarification of major 
points to aid decision making. Such editing is beyond the scope of 
this chapter.

 C. Employees Who Engage in Scientific Activities Are

    (1) Individuals who conduct or directly supervise scientific 
activities, including but not limited to proposing, performing, or 
reviewing research, or in reporting research results; and
    (2) Individuals who directly supervise or personally perform 
work involving the compilation and translation of scientific 
information into formats used by the Department's decision makers.

D. Fabrication

    Making up data or results and recording or reporting them.

E. Falsification

    Manipulating research materials, equipment, or processes; or 
changing or omitting data or results such that the research is not 
accurately represented in the research record.

[[Page 53327]]

F. Plagiarism

    The appropriation of another person's ideas, processes, results, 
or words without giving appropriate credit.

G. Reporting

    Dissemination or disclosure of the results of scientific 
activities. Dissemination and disclosure may be oral or in any 
media, including print and digital media.

H. Research

    All basic, applied, and demonstration research in all fields of 
science, engineering, and mathematics, including social, behavioral 
and economic research.

I. Research Misconduct

    Fabrication, falsification, or plagiarism in proposing, 
performing, or reviewing research, or in reporting research results. 
Research misconduct does not include honest error or differences of 
opinion. (This definition is quoted from The Federal Policy on 
Research Misconduct (65 FR 76260-76264).)

J. Science

    Knowledge obtained and tested through use of the scientific 
method. Science may also include the observation and classification 
of facts with the goal of establishing verifiable knowledge derived 
through induction and hypothesis.

K. Scientific Activities

    Activities involving inventorying, monitoring, experimentation, 
study, research, modeling, and scientific assessment. Scientific 
activities are conducted in a manner specified by standard protocols 
and procedures and include any of the physical, biological, or 
social sciences as well as engineering and mathematics that employ 
the scientific method. Inspections for regulatory compliance and 
resulting records are not included because they are covered by 
separate requirements.

L. Scientific Assessment

    Evaluation of a body of scientific or technical knowledge which 
typically synthesizes multiple factual inputs, data, models, 
assumptions, and/or implies best professional judgment to bridge 
uncertainties in the available information.

M. Scientific Method

    A method of research in which a problem is identified, relevant 
data are gathered, a hypothesis is formulated from these data, and 
the hypothesis is empirically tested.

N. Scientific Misconduct

    Fabrication, falsification, or plagiarism in proposing, 
performing or reviewing scientific activities and their products.
    O. Scientific Product presents the results of scientific 
activities including the synthesis, compilation, or translation of 
scientific information into formats used in the Department's 
decision-making process.

Appendix

Commentary to Explain and Clarify the Intent of the Basic Elements 
of the Code

    A. Scientific Excellence, Integrity, and Conflict of Interest. 
Honesty and integrity of Department employees subject to the Code 
are vital to the public interest and critical to conducting the 
Department's mission. Scientific activities provide data to inform 
many of the Department's decision-makers regarding the stewardship 
of our Nation's land, energy, mineral, water, air, biological, and 
cultural resources. Employees subject to the Code must avoid 
conflicts of interest that occur when personal interest or gain 
interferes with or could be construed to interfere with the 
objectivity of their actions or judgments. They are obligated to be 
thorough in documenting their work to ensure that the details of 
their methods are described adequately enough to allow other 
scientists to critically evaluate or reproduce their results. They 
will use the best available and practicable practices, protocols, 
methodologies and technologies available to them when conducting 
scientific activities as well as in the review, use and 
dissemination of scientific information. This Code does not suggest 
that it is unethical to use novel investigative approaches, employ 
unusual methods of analysis, exclude data known to be faulty for 
identifiable material reasons, or interpret data in a new or unique 
way. However, novel methods and data modifications should be fully 
documented in the research record to avoid misinterpretation of any 
such departure from standard protocols or methodology.
    B. Abuse of Resources. Department employees subject to the Code 
will ensure appropriate use of resources in the conduct of 
scientific activities, including equipment, funding, staff time, 
information resources, and any privately owned or Federal property 
through the awareness of the requirements of applicable laws and 
regulations. Most importantly, employees will use resources wisely, 
efficiently, respectfully, and prevent abuse of cultural and natural 
resources during the conduct of scientific activities. Employees 
must strive to select methods and materials that, to the best of 
current knowledge, minimize or eliminate adverse impacts to cultural 
or natural resources or their future examination, scientific 
investigation, treatment or function. Professional standards for 
non-invasive or non-destructive testing/sampling will be followed 
when studying cultural materials. Animals used for research purposes 
are public resources, and employees will obey public laws concerning 
treatment of laboratory animals. Public Law (Pub. L. 99-198), The 
Food Security Act of 1985, and Federal regulation (9 CFR Part 3) 
primarily apply to treatment of laboratory animals. Scientists 
should follow public laws (including Pub. L. 99-108, as applicable) 
and regulations for activities involving animals in the wild and 
should consider, where appropriate, guidelines regarding treatment 
of wild animals published by professional wildlife or scientific 
societies.
    C. Research Involving Human Subjects.
    (1) Department employees subject to the Code conduct scientific 
activities among groups, including but not limited to hikers, 
campers, hunters and anglers, present-day ethnic or occupational 
communities, and Indian Tribes. These consultations must meet 
compliance requirements for planning, the Native American Graves 
Protection and Repatriation Act of 1990 (Pub. L. 101-601), historic 
preservation, and subsistence uses. Such persons involved in 
scientific activities must be treated with professionalism and 
respect. To this end, the Department adopted the common rule 
published as Federal Policy for the Protection of Human Subjects (56 
FR 28012-28018, June 18, 1991). Exempted from this rule is human 
subjects research involving the use of educational tests, survey 
procedures, interview procedures or observation of public behavior 
unless the information obtained is recorded in such a manner that 
human subjects can be identified, and/or disclosure could place 
subjects at risk of criminal or civil liability. Many information 
collections are regulated under the Paperwork Reduction Act of 1995 
(5 CFR 1320), and applicable Departmental procedures should be 
followed (381 DM 11, 12). Exempted from this rule is observation of 
human public behavior that involves no data collection from 
subjects.
    (2) Before initiating new scientific activities with any group, 
Department employees subject to the Code should be familiar with the 
laws, regulations, and policies (including those that are bureau-
specific) governing privacy and freedom of information, ethnographic 
research guidelines, and types of release and consent forms, as 
provided information might not be protected from release. Department 
employees will ensure that the research methods are made clear to 
participants, that permission is obtained to use interview 
materials, tapes, photographs, maps and any other materials, and 
that participants know the legal limits of confidentiality.
    D. Hindering scientific and information gathering activities; 
failing to protect proprietary and confidential information; 
engaging in dishonesty, fraud, deceit, misrepresentation; or 
engaging in or knowingly permitting other scientific, research, or 
professional misconduct.
    (1) Inappropriately hindering scientific activities by 
Departmental employees subject to the Code is not tolerated by the 
Department. This includes actions such as biased review of 
scientific proposals or manuscripts; physical disruption of another 
scientist's experiments, field surveys, or database; denial of 
reasonable access to resources or data needed by other scientists to 
perform their work; or failure to provide information that other 
Departmental employees need to duplicate scientific activities or 
verify their accuracy. Scientific staff will allow management and 
others appropriate access to resources entrusted to them, unless 
doing so would violate legal, regulatory or policy restrictions, 
compromise the scientific validity of their activities or 
substantially interfere with their performance. Employees are 
expected to understand existing rules and guidelines regarding the 
need to make data gathered with Federal dollars accessible. 
Reasonable judgments to delay public access depend upon individual 
circumstances when premature release would compromise validity or 
decision-making ability. Specifically, this applies to work in 
progress where data have not gone through a planned

[[Page 53328]]

quality control/quality assurance protocol that is part of the 
research design. Therefore, this Code does not attempt to provide 
universal guidelines for making such case-by-case determinations.
    (2) Requirements related to use, security and release of 
proprietary data are sometimes covered by law, regulation or policy 
and may be established through an agreement with the originator of 
the data. These agreements are usually established on a case by case 
basis. Employees will adhere to these agreements to the extent 
permitted by law, or policy. The Code prohibits denying other 
scientists reasonable access to published scientific information for 
the purpose of enhancing one's interests.
    (3) Falsification and fabrication of data and results by 
Departmental employees are not tolerated by the Department and would 
be a violation of the Code by employees subject to it.
    E. Participating in Review Processes and Offering Fair and 
Objective Opinions.
    (1) Peer review is an important element in the creation and use 
of scientific information. In all cases, external (to the 
Department) scientific review of scientific activities, information, 
inventory or monitoring data to be published or used in decision-
making is beneficial and, in some cases, it is essential. All 
employees subject to the Code must know, understand and adhere to 
Departmental and bureau specific guidelines related to peer review 
of scientific activities. Open and honest debate is essential for 
the advancement of science, and peer review is an important part of 
that debate. The peer-review process should be free of personal and 
professional jealousies, competitions, non-scientific disagreements, 
and conflicts of interest.
    (2) Reviewers should focus on the logical and scientific 
validity of the research findings, rather than personal feelings, or 
interactions (past or current) between the reviewer and the author/
investigator. Authors/investigators should address reviewers' 
comments in a thorough manner, and should document appropriately how 
they responded to those comments. It is the responsibility of 
prospective reviewers to disqualify themselves, if the review cannot 
be done in an objective manner (5 CFR 2635.502). Reviewers should 
not instigate changes to any scientific study by its authors through 
intimidation, either implied or stated. Reviewers should document in 
writing all changes made to the manuscripts or proposals to conduct 
scientific studies in writing.
    F. Integrity in the Collection and Preservation of Data.
    (1) Quality control and assurance, including protocols, 
standards, and methodologies, should be routinely established for 
activities pertaining to the conduct of scientific inquiry and the 
collection of data. Persons engaged in scientific activities and 
their managers must know and follow established programs, protocols, 
standards, and methodologies for the activities they conduct to 
inform Departmental decisions. Preservation of collections and 
records created during the conduct of scientific activities is 
controlled by Federal law (44 U.S.C. chaps. 21, 29, 31, and 33) and 
Departmental regulations and policies (36 CFR 1228.1-1228.282; 381 
DM 11, 12; 384 DM 2, 3, and 4) and bureau regulations and policies. 
This is important for substantiating scientific activities and 
supporting subsequent decisions that are influenced by the results. 
Employees subject to this Code must follow these laws, regulations 
and policies. Collections made for retention include, but are not 
limited to, cultural objects in archeological collections and non-
cultural biological, geological, and paleontological samples.
    (2) Documents that should be retained for the scientific record 
vary according to the nature of the study and include: study plans; 
methodology; primary data, such as laboratory notebooks, original 
data, metadata, and quality assurance/quality control information; 
and formal data sets, analyses and products. These items may be in 
any medium, including printed and electronic media. Failure to 
retain data in accordance with law, regulations and policy is not 
tolerated by the Department.
    G. Responsible Authorship and Dissemination of Information.
    (1) Authorship of a scientific product must be based on a major 
intellectual contribution (as part of conception, design, data 
collection, data analysis, or interpretation) and a significant 
contribution to its preparation (writing, reviewing, or editing). 
Authorship includes the responsibility for ensuring that the work 
reported meets scientific criteria and ethical standards. Conferring 
authorship to individuals engaged in scientific activities without 
their knowledge or consent is strictly prohibited by the Code.
    (2) Scientific knowledge is cumulative and is built on the 
contributions of numerous scientists over many years. Recognition of 
other contributors often takes the form of credits in a publication 
through an acknowledgment or citation. However, only authors whose 
substantive comments have been received and incorporated prior to 
submission should be listed in acknowledgments. Authors will cite or 
acknowledge any scientific work or the source of any idea that is 
not regarded as common knowledge among specialists in the particular 
field and that substantially contributes to a scientific activity 
and its interpretation and result. The Code prohibits plagiarism or 
theft of ideas, data or unpublished findings. Departmental employees 
subject to this Code will acknowledge and, to the extent permitted 
by law, protect the intellectual efforts of others and the 
confidentiality of information provided by human subjects. However, 
when Departmental employees are preparing documents required by the 
National Environmental Policy Act (NEPA) and the considerations in 
this paragraph are in conflict with the regulations and guidance of 
the Council on Environmental Quality regarding the publication of 
information under NEPA, the regulations and guidance of the Council 
shall govern.
    (3) Duplicative publication is not tolerated by the Department. 
This does not suggest that it is inappropriate to publish more than 
one manuscript based on a single scientific activity. In some cases, 
the same scientific activity may be of interest to separate 
audiences having different technical specialties or to journals 
having different readerships. Prior publication of portions of an 
original idea should always be referenced in later publications. 
Publishing parts of another paper, or publishing another paper with 
only minor changes, should only be done to reach different or larger 
audiences and with the knowledge and consent of the publisher. 
Employees subject to the Code will accept professional 
responsibility associated with authorship and know that the 
interpretation and results of their work are used to inform 
important decisions in the public interest. Repetitive publication 
of findings in popular literature does not constitute duplicative 
publication.
    (4) In order to ensure that the Department's decision making is 
based on the best available science, the Code requires a scientific 
product to be subject to the required level of review. Public 
release of a scientific product without the required level of review 
or without the inclusion of appropriate disclaimers could be 
considered misconduct.
    (5) Additionally, in support of the Department's interest in 
protecting its decision making, the Code prohibits changing 
conclusions, deletion of data, or knowingly omitting data from 
reports and testimony for purposes of misrepresentation or 
manipulation. At the same time, the Code prohibits suppressing data 
collection, scientific studies, or publication of results by 
scientists or their supervisors for the purpose of manipulating 
Departmental decisions. These actions are not tolerated by the 
Department. They are violations of the Federal Policy on Research 
Misconduct because they wrongly characterize results and manipulate 
results so that research is not accurately represented. Scientific 
conclusions may only be changed in light of new data or new 
analyses. Scientists should not succumb to coercion to change data. 
If an employee subject to the Code believes that he or she has been 
subjected to coercion, it should be reported immediately to the 
respective supervisor, bureau, or Departmental ethics program.

Laura Davis,
Associate Deputy Secretary of the Interior.

[FR Doc. 2010-21591 Filed 8-30-10; 8:45 am]
BILLING CODE 4310-55-P


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