Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 4201 

Dated: January 16, 2009. 

Michael O. Leavitt, 

Secretary of Health and Human Services. 

[FR Doc. E9–1510 Filed 1–22–09; 8:45 am] 

BILLING CODE 4151–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Findings of Scientific Misconduct 

AGENCY: Office of the Secretary, HHS. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Office of Research Integrity (ORI) 

and the Assistant Secretary for Health 

have taken final action in the following 

case: 

Luk Van Parijs, PhD, Harvard Medical 

School, Brigham and Women’s Hospital, 

California Institute of Technology, and 

Massachusetts Institute of Technology: 

Based on the reports of separate 

investigations conducted by Harvard 

Medical School (HMS)/Brigham and 

Women’s Hospital (BWH), California 

Institute of Technology (CalTech), and 

Massachusetts Institute of Technology 

(MIT) and additional analysis 

conducted by the Office of Research 

Integrity (ORI) in its oversight review, 

the U.S. Public Health Service (PHS) 

found that Dr. Luk Van Parijs, former 

Graduate Student, Department of 

Pathology, HMS, former Research 

Fellow and Instructor of Pathology, 

BWH, former Postdoctoral Fellow, 

Department of Biology, CalTech, and 

former Associate Professor, Department 

of Biology, Center for Cancer Research, 

MIT, engaged in scientific misconduct 

in research supported by National 

Institute of Allergy and Infectious 

Diseases (NIAID), National Institutes of 

Health (NIH), grants U19 AI56900, R21 

AI49897, R01 AI42100, P01 AI35297, 

R37 AI25022, R01 AI32531, National 

Cancer Institute, NIH, grant R01 

CA51462, and National Institute of 

Environmental Health Sciences 

(NIEHS), NIH, grant P30 ES02109, and 

National Institute of General Medical 

Sciences (NIGMS), NIH, grant R01 

GM57931. 

PHS found that Respondent engaged 

in scientific misconduct by including 

false data in NIAID, NIH, grant 

applications R01 AI54519–01A1, R01 

AI54973–01, and R01 AI54973–01A1, 

NCI, NIH, grant application 2P30 

CA14051–34, and National Institute of 

Diabetes and Digestive and Kidney 

Diseases (NIDDK), NIH, grant 

application R21 DK69277–01. 

Specifically, PHS found that 

Respondent engaged in scientific 

misconduct by including false data in 

seven published papers, three submitted 

papers (with two earlier versions 

submitted for one of these), one 

submitted book chapter, and multiple 

presentations as follows: 

1. While at HMS/BWH, Dr. Luk Van 

Parijs falsified the expression of IFN–g 

and KJ–126 in flow cytometry dot plots 

for the immunized, naive, tolerized and 

tolerized + IL–12 experimental groups 

in Figure 4, JEM 186:1119–1128, 1997, 

by using the same non-stained cell 

population in the lower left quadrant to 

falsely represent CD4+ T cells negative 

for IFN–g and KJ–126 in each 

experimental group. 

2. That Dr. Luk Van Parijs falsified the 

expression of different proteins in flow 

cytometry dot plots in Figure 1, 

Immunity, 8:265–274, 1998, in Figure 

1C, Immunity, 11:281–288, September 

1999, and in Figure 5, Immunity 

11:763–770, December 1999, by using 

portions of the same dot plot to 

represent different cell populations 

expressing different proteins. 

Specifically: 

a. While at HMS/BWH, Dr. Van Parijs 

used portions of the same dot plot to 

represent T cell populations expressing 

the 3A9 T cell receptor and CD4+ (top 

panel) or CD8+ (bottom panel) in 3A9+ 

(wild type), in 3A9/lpr (Fas¥), or in 

3A9/gld (FasL¥) transgenic mice in 

Figure 1, Immunity 1998, where: 

i. The CD4/3A9 dot plots for the 3A9+ 

and 3A9/gld transgenic mice were the 

same, and the 3A9+ dot plot was a 

subset of the 3A9/lpr dot plot; 

ii. The CD8/3A9 dot plots for the 

3A9+ and 3A9/lpr transgenic mice were 

the same in the lower left and lower 

right quadrants, and the 3A9/gld dot 

plot was a subset of the wild type dot 

plot 

b. While at CalTech, Dr. Van Parijs 

used portions of the same dot plot to 

represent the expression of hIL–2Rb and 

GFP in T cells infected with WT or 

D355+8F IL–2R mutant in Figure 1C, 

Immunity, September 1999, where the 

D355+8F dot plot was a subset of the 

WT dot plot 

c. While at CalTech, Dr. Van Parijs 

used portions of the same dot plot to 

represent the expression of B220 and 

IgM in infected (GFP+) and not infected 

(GFP¥) spleen cells isolated from 

reconstituted mice in Figure 5, 

Immunity, December 1999, where the 

Infected (GFP+) dot plot for control 

mice was a subset of the Not Infected 

(GFP¥) dot plot for FLIP mice. 

3. While at MIT, Dr. Luk Van Parijs 

falsely claimed in the text of RNA 

Interference Technology (Cambridge 

University Press, July 2004) and in 

Figure 2 of Nature Genetics 33:401–406 

(2003) that experiments depicting the 

functional silencing of genes in 

hematopoietic stem cells (HSCs) and in 

non-cycling dendritic cells by lentiviralmediated RNAi were performed, when 

they were not. Specifically, in Nature 

Genetics: 

a. Figure 2b falsely showed the 

transduction of bone marrow-derived 

dendritic cells infected with pLL3.7 Bim 

by flow cytometry, and knockdown of 

Bim expression by Western blot 

b. Figure 2d falsely showed the 

efficiency of pLL3.7 CD8 lentiviral 

infection in HSCs by flow cytometry for 

GFP expression (left panel), and falsely 

showed stable gene expression in 

progeny by flow cytometry for GFP 

expression in spleen cells from 

chimeras derived from infected HSCs 

(right panel) 

c. Figure 2e falsely showed the 

reduction of CD8+ T cells in spleen cells 

from chimeras derived from pLL3.7 CD8 

infected HSCs (right panel) and controls 

(left panel). 

4. While at MIT, Dr. Luk Van Parijs 

falsified figures in grant applications 

submitted to the National Institutes of 

Health (NIH), a presentation in 2003, 

and Figure 6A, Immunity 19:243–255 

(2003), by falsely claiming that the 

image in the figure represented an 

immunoprecipitation assay for Ras-GTP 

and a Western blot for total Ras protein, 

when it actually represented a Western 

blot for Bcl–2 and b-actin in T cells, 

previously published as Figure 5C, J. 

Immunol., 168:597–603 (2002). 

Dr. Van Parijs also admitted to 

falsification or fabrication of data in 

multiple submitted manuscripts, grant 

applications submitted to NIH, and 

presentations as follows. 

5. While at MIT, Dr. Luk Van Parijs 

admitted that in multiple presentations 

and submitted manuscripts in 2004, he 

falsely claimed that the bifunctional 

lentiviral vectors, U6–shRNA–rat 

insulin promoter (RIP)-Myc had been 

made, when they had not, and that 

transgenic mice carrying these lentiviral 

vectors with shRNA silencing Bim or 

Pten proteins in pancreatic cells showed 

accelerated tumorigenesis and death. 

6. While at MIT, Dr. Luk Van Parijs 

admitted that in multiple presentations 

in 2003 and 2004 and in grant 

application R21 DK69277–01 submitted 

to NIH in 2003, he falsely claimed that 

the number of CD8+ T cells and the 

incidence of diabetes was reduced by 

silencing CD8 expression with the 

pLL3.7 CD8 lentivirus in non-obese 

diabetic (NOD) transgenic mice, when 

the NOD transgenic mice data did not 

exist. 

7. While at MIT, Dr. Luk Van Parijs 

admitted that in multiple presentations, 

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4202 Federal Register / Vol. 74, No. 14 / Friday, January 23, 2009 / Notices 

submitted manuscripts, and grant 

applications submitted to NIH in 2004, 

he falsely claimed that transgenic mice 

had been generated with the monofunctional lentiviral vectors with c– 

Myc, Ras or Akt under the control of the 

CD4 promoter, when they had not, and 

that transgenic mice had been generated 

with the bi-functional lentiviral vectors 

with CD4–c–Myc, Ras or Akt– and U6– 

shRNAs targeting luciferase, Bcl–2, or 

Bim proteins, when they had not. The 

effect of these misrepresentations was 

the reported false conclusion that a 

cytokine-stimulated proto-oncogene 

network regulated CD4+ T-cell survival 

and responses to foreign and self 

antigens. 

8. While at MIT, Dr. Luk Van Parijs 

admitted that in presentations and 

submitted manuscripts in 2004, he 

falsely claimed that mice injected with 

plasmids carrying shRNAs for Bcl–2, 

Akt1 and Akt2, complexed to 

polyethylene imine (PEI) showed a 

significant reduction in c–myc-induced 

tumor growth, when the experiments 

had not been done. 

9. While at MIT, Dr. Luk Van Parijs 

admitted that in presentations in 2004, 

he falsely claimed that shRNAs 

designed using algorithms developed in 

2004 were more effective to silence 

target genes than the shRNAs designed 

with algorithms in 2002. 

10. While at MIT, Dr. Luk Van Parijs 

admitted that in multiple presentations, 

submitted manuscripts, a grant 

application submitted to NIH, and in the 

text of Current Opinions in Molec. 

Therapeutics, 6:136, 2004, he falsely 

claimed that an in vivo RNAi screen 

was developed to identify genes in 

cytokine and apoptosis pathways that 

accelerated or suppressed Myc-induced 

tumorigenesis in lethally irradiated 

mice, by using bi-functional lentiviral 

vectors that expressed c-Myc under 

control of the CMV enhancer-b-actin 

promoter (CAG) and U6-driven shRNAs 

designed to silence 168 selected genes, 

when the experiments had not been 

done. 

11. While at MIT, Dr. Luk Van Parijs 

admitted that in a submitted manuscript 

in 2004 and a grant application 

submitted to NIH in 2003, he falsely 

claimed that with the use of retroviral 

vectors with Bim and activated Ras, Akt 

or Myc, he showed that the IL–2- 

stimulated activation of proto-oncogene 

pathways functioned to promote the 

survival of T cells following antigen 

encounter by regulating Bim and Bcl–2 

pathways, when the experiments that 

were performed were inconclusive. 

Dr. Van Parijs has entered into a 

Voluntary Exclusion Agreement in 

which he has voluntarily agreed, for a 

period of five (5) years, beginning on 

December 22, 2008: 

(1) to exclude himself from any 

contracting or subcontracting with any 

agency of the United States Government 

and from eligibility or involvement in 

nonprocurement programs of the United 

States Government referred to as 

‘‘covered transactions’’ pursuant to 

HHS’ Implementation (2 CFR Part 376 et 

seq.) of OMB Guidelines to Agencies on 

Government wide Debarment and 

Suspension (2 CFR, Part 180); and 

(2) To exclude himself from serving in 

any advisory capacity to PHS, including 

but not limited to service on any PHS 

advisory committee, board, and/or peer 

review committee, or as a consultant. 

FOR FURTHER INFORMATION CONTACT: 

Director, Division of Investigative 

Oversight, Office of Research Integrity, 

1101 Wootton Parkway, Suite 750, 

Rockville, MD 20852, (240) 453–8800. 

Dated: January 14, 2009. 

Chris B. Pascal, 

Director, Office of Research Integrity. 

[FR Doc. E9–1453 Filed 1–22–09; 8:45 am] 

BILLING CODE 4150–31–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Committee on Vital and Health 

Statistics: Meeting 

Pursuant to the Federal Advisory 

Committee Act, the Department of 

Health and Human Services (HHS) 

announces the following advisory 

committee meeting. 

Name: National Committee on Vital and 

Health Statistics (NCVHS), Full Committee 

Meeting. 

Time and Date: 

February 25, 2009, 9 a.m.–3 p.m. February 

26, 2009, 10 a.m.–4 p.m. 

Place: Hubert Humphrey Building, 200 

Independence Avenue, SW., Room 505A, 

Washington, DC 20201. 

Status: Open. 

Purpose: At this meeting the Committee 

will hear presentations and hold discussions 

on several health data policy topics. On the 

morning of the first day the Committee will 

hear updates from the Department, the HHS 

Data Council, the Center for Medicare and 

Medicaid Services, as well as update on the 

transition to the new administration. There 

will also be an ONC update on the NHIN 

Conference. In the afternoon there will be a 

speaker on de-identification of health data 

from the Center for Democracy and 

Technology. 

On the morning of the second day there 

will be a briefing on international 

terminology and an update on Health 

Statistics for the 21st Century. There will also 

be an update from NCHS Board of Scientific 

Counselors and an overview of emerging and 

innovative sources of health data. 

The times shown above are for the full 

Committee meeting. Subcommittee breakout 

sessions can be scheduled for late in the 

afternoon of the first day and second day and 

in the morning prior to the full Committee 

meeting on the second day. Agendas for these 

breakout sessions will be posted on the 

NCVHS website (URL below) when available. 

For Further Information Contact: 

Substantive program information as well as 

summaries of meetings and a roster of 

committee members may be obtained from 

Marjorie S. Greenberg, Executive Secretary, 

NCVHS, National Center for Health Statistics, 

Centers for Disease Control and Prevention, 

3311 Toledo Road, Room 2402, Hyattsville, 

Maryland 20782, telephone (301) 458–4245. 

Information also is available on the NCVHS 

home page of the HHS Web site: http:// 

www.ncvhs.hhs.gov/, where further 

information including an agenda will be 

posted when available. 

Should you require reasonable 

accommodation, please contact the CDC 

Office of Equal Employment Opportunity on 

(301) 458–4EEO (4336) as soon as possible. 

Dated: January 12, 2009. 

James Scanlon, 

Deputy Assistant Secretary for Science and 

Data Policy, Office of the Assistant Secretary 

for Planning and Evaluation. 

[FR Doc. E9–1445 Filed 1–22–09; 8:45 am] 

BILLING CODE 4151–05–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

[Document Identifier: CMS–10273] 

Agency Information Collection 

Activities: Proposed Collection; 

Comment Request 

AGENCY: Centers for Medicare & 

Medicaid Services. 

In compliance with the requirement 

of section 3506(c)(2)(A) of the 

Paperwork Reduction Act of 1995, the 

Centers for Medicare & Medicaid 

Services (CMS) is publishing the 

following summary of proposed 

collections for public comment. 

Interested persons are invited to send 

comments regarding this burden 

estimate or any other aspect of this 

collection of information, including any 

of the following subjects: (1) The 

necessity and utility of the proposed 

information collection for the proper 

performance of the agency’s functions; 

(2) the accuracy of the estimated 

burden; (3) ways to enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) the use of 

automated collection techniques or 

other forms of information technology to 

minimize the information collection 

burden. 

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