I 
109TH CONGRESS 
1ST SESSION 
H. R. 839
To protect scientific integrity in Federal research and policymaking. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 16, 2005
Mr. WAXMAN (for himself and Mr. GORDON) introduced the following bill; 
which was referred to the Committee on Government Reform, and in ad-
dition to the Committee on Science, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To protect scientific integrity in Federal research and 
policymaking.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Restore Scientific Integrity to Federal Research and Pol-
icymaking Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows:
Sec. 1. Short title; table of contents. 
Sec. 2. Findings and purpose. 
Sec. 3. Prohibition of political interference with science.
Sec. 4. Whistleblower extension for disclosures relating to interference with 
science. 
Sec. 5. Requirements relating to Federal scientific advisory committees. 
Sec. 6. Peer review. 
Sec. 7. State of scientific integrity report. 
Sec. 8. Definitions.
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—Congress finds the following: 
(1) America has for its history served as a 
world leader of scientific innovation and research. 
(2) Multiple policy and legislative decisions af-
fecting the health and safety of the American public 
and the state of the environment depend upon com-
prehensive, accurate scientific information. 
(3) The Federal Government plays a key role in 
fostering and supporting scientific research. 
(4) The conduct of such research depends on 
free investigation and open exchange of ideas. 
(5) Scientific advisory committees must com-
prise individuals with the appropriate expertise re-
gardless of political affiliation. 
(6) Over the past four years, leading scientific 
associations and scientific journals, Inspectors Gen-
eral, senior scientists within the Federal Govern-
ment, former scientific officials from both Repub-
lican and Democratic administrations, and 48 Nobel 
Laureates have raised concerns about political inter-
ference with science in the executive branch of the 
Federal Government. 
(7) This interference has included tampering 
with the conduct of research, gagging of government 
scientists, distortion of scientific information pre-
sented to Congress and the public, and manipulation 
of Federal scientific advisory committees. 
(b) PURPOSE.—The purpose of this Act is to protect 
scientific integrity in Federal research and policymaking. 
SEC. 3. PROHIBITION OF POLITICAL INTERFERENCE WITH 
SCIENCE. 
(a) IN GENERAL.—Subchapter V of chapter 73 of 
title 5, United States Code, is amended by adding at the 
end the following: 
‘‘§ 7354. Interference with science 
‘‘(a) IN GENERAL.—An employee may not engage in 
any of the following: 
‘‘(1) Tampering with the conduct of Federally 
funded scientific research or analysis. 
‘‘(2) Censorship of findings of Federally funded 
scientific research or analysis. 
‘‘(3) Directing the dissemination of scientific in-
formation known by the directing employee to be 
false or misleading.
‘‘(b) PENALTIES.—An employee who violates this sec-
tion shall be subject to appropriate disciplinary action by 
the employing agency or entity.’’. 
(b) PROHIBITED PERSONNEL PRACTICE.—Section 
2302(b) of title 5, United States Code, is amended—
(1) in paragraph (11), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (12), by striking the period 
and inserting ‘‘; or’’; and 
(3) by inserting after paragraph (12) the fol-
lowing: 
‘‘(13) take or fail to take, or threaten to take 
or fail to take, a personnel action with respect to 
any employee because of the development or dissemi-
nation, within the scope of employment, of scientific 
research or analysis that the employee reasonably 
believes to be accurate and valid.’’. 
(c) CLERICAL AMENDMENT.—The table of sections 
for chapter 73 of title 5, United States Code, is amended 
by inserting after the item relating to section 7353 the 
following:
‘‘7354. Interference with science.’’.
SEC. 4. WHISTLEBLOWER EXTENSION FOR DISCLOSURES 
RELATING 
TO 
INTERFERENCE 
WITH 
SCIENCE. 
(a) IN GENERAL.—Subparagraphs (A) and (B) of 
section 2302(b)(8) of title 5, United States Code, are 
amended—
(1) in clause (i), by striking ‘‘or’’ at the end; 
(2) in clause (ii), by adding ‘‘or’’ at the end; 
and 
(3) by inserting after clause (ii) the following: 
‘‘(iii) tampering with the conduct of 
Federally funded scientific research or 
analysis, censoring the findings of Feder-
ally funded scientific research or analysis, 
or directing the dissemination of scientific 
information known by the directing em-
ployee to be false or misleading,’’. 
(b) CONFORMING AMENDMENTS.—
(1) Section 1212(a)(3) of title 5, United States 
Code, is amended—
(A) by striking ‘‘regulation, or gross’’ and 
inserting ‘‘regulation; gross’’; and 
(B) by adding at the end the following: ‘‘or 
tampering with the conduct of Federally funded 
scientific research or analysis, censoring the 
findings of Federally funded scientific research
or analysis, or directing the dissemination of 
scientific information known by the directing 
employee to be false or misleading;’’
(2) Section 1213(a) of such title is amended—
(A) in paragraph (1)—
(i) by striking ‘‘or’’ at the end of sub-
paragraph (A); 
(ii) by inserting ‘‘or’’ at the end of 
subparagraph (B); and 
(iii) by inserting after subparagraph 
(B) the following: 
‘‘(C) tampering with the conduct of Feder-
ally funded scientific research or analysis, cen-
soring the findings of Federally funded sci-
entific research or analysis, or directing the dis-
semination of scientific information known by 
the directing employee to be false or mis-
leading;’’; and 
(B) in paragraph (2)—
(i) by striking ‘‘or’’ at the end of sub-
paragraph (A); 
(ii) by striking the period at the end 
of subparagraph (B) and inserting ‘‘; or’’; 
and
(C) by inserting after subparagraph (B) 
the following: 
‘‘(C) tampering with the conduct of Feder-
ally funded scientific research or analysis, cen-
soring the findings of Federally funded sci-
entific research or analysis, or directing the dis-
semination of scientific information known by 
the directing employee to be false or mis-
leading.’’. 
SEC. 5. REQUIREMENTS RELATING TO FEDERAL SCI-
ENTIFIC ADVISORY COMMITTEES. 
(a) BAR ON LITMUS TESTS.—All appointments to 
Federal scientific advisory committees shall be made with-
out regard to political affiliation, unless required by Fed-
eral statute. 
(b) DESIGNATION OF MEMBERS AS SPECIAL GOV-
ERNMENT EMPLOYEES OR REPRESENTATIVES.—
(1) An individual appointed to a Federal sci-
entific advisory committee who is not a full-time or 
permanent part-time officer or employee of the Fed-
eral Government shall be designated, by the agency 
to which the committee reports, as either—
(A) a special Government employee, if the 
individual is providing advice based on the indi-
vidual’s expertise or experience; or
(B) a representative, if the individual is 
representing the views of individuals or entities 
outside the Federal Government. 
(2) An agency shall review the members of each 
Federal scientific advisory committee that reports to 
the agency to determine whether each member’s des-
ignation is appropriate, and to redesignate members 
if appropriate. Such review shall be made when the 
committee’s charter expires or, in the case of a com-
mittee with an indefinite charter, every 2 years. 
(c) ENSURING INDEPENDENT ADVICE AND EXPER-
TISE.—
(1) Each agency shall, to the extent permitted 
by law, appoint individuals to Federal scientific advi-
sory committees as special government employees. 
(2) Each agency shall make its best efforts to 
ensure that—
(A) no individual appointed to serve on a 
Federal scientific advisory committee has a con-
flict of interest that is relevant to the functions 
to be performed, unless such conflict is prompt-
ly and publicly disclosed and the agency deter-
mines that the conflict is unavoidable; and 
(B) each report of the advisory committee 
will be the result of the advisory committee’s
independent judgment and include a statement 
indicating the process used by the advisory 
committee in formulating the recommendations 
or conclusions contained in the report. 
(3) Each agency shall require that individuals 
that the agency appoints or intends to appoint to 
serve on a Federal scientific advisory committee in-
form the agency of the individual’s conflicts of inter-
est that are relevant to the functions to be per-
formed. 
(4) If an agency determines that representative 
members are required on a Federal scientific advi-
sory committee, the Advisory Committee Manage-
ment Officer of the agency shall consult with the 
designated agency ethics official to ensure that the 
designation is appropriate and necessary to fulfilling 
the committee’s purpose. 
(5) The designated agency ethics official of 
each agency shall issue guidance to ensure that Fed-
eral scientific advisory committees are providing suf-
ficiently independent advice and expertise. 
(6) The Administrator for General Services 
shall conduct an annual review of compliance by 
agencies with this subsection and shall submit to the 
Committee on Government Reform of the House of
Representatives and the Committee on Govern-
mental Affairs and Homeland Security of the Senate 
a report on the results of the review. 
(d) DISCLOSURE OF INFORMATION.—
(1) ITEMS REQUIRED TO BE DISCLOSED.—With 
respect to each Federal scientific advisory committee 
established before, on, or after the date of the enact-
ment of this Act, the agency to which the committee 
reports shall make available as described in para-
graph (2) the following information, at a minimum: 
(A) The charter of the committee. 
(B) A description of the committee forma-
tion process, including at least—
(i) the process for identifying prospec-
tive members; 
(ii) the process of selecting members 
for balance of viewpoints or expertise; and 
(iii) a justification of the need for rep-
resentative members, if any. 
(C) A list of all current members, includ-
ing, for each member, the following: 
(i) The name of any person or entity 
that nominated the member.
(ii) Whether the member is designated 
as a special Government employee or a 
representative. 
(iii) In the case of a representative, 
the individuals or entity whose view point 
the member represents. 
(D) A list of all special Government em-
ployees who have received conflict of interest 
waivers under section 208(b) of title 18, United 
States Code, under regulations issued by the 
Office of Government Ethics, a summary de-
scription of the conflict necessitating the waiv-
er, and the reason for granting the waiver. 
(E) A summary of the process used by the 
committee for making decisions. 
(F) Transcripts of all meetings of the com-
mittee. 
(G) Notices of future meetings of the com-
mittee. 
(2) METHODS OF DISCLOSURE.—
(A)(i) Except as provided in clause (ii), the 
information required to be disclosed by an 
agency under this subsection shall be available 
electronically, including on the official public 
Internet site of the agency, at least 7 calendar
days before each meeting of a Federal scientific 
advisory committee. 
(ii) In the case of a transcript of a meeting 
of a Federal scientific advisory committee, the 
transcript shall be disclosed by an agency under 
this subsection not later than 7 calendar days 
after the meeting. 
(B) The Administrator of General Services 
shall provide, on the official public Internet site 
of the General Services Administration, elec-
tronic access to the information made available 
by each agency under subparagraph (A). 
SEC. 6. PEER REVIEW. 
(a) AGENCY-DIRECTED PEER REVIEW.—Each agen-
cy shall determine a peer review process appropriate for 
the agency’s functions and needs. 
(b) INEFFECTIVENESS
OF INFORMATION QUALITY 
BULLETIN FOR PEER REVIEW.—The Information Quality 
Bulletin for Peer Review, issued in final form by the Office 
of Management and Budget on December 16, 2004 (70 
Fed. Reg. 2664; January 14, 2005), shall have no force 
or effect as of the date of the enactment of this Act, and 
shall not apply to information disseminated by the Federal 
Government to the public before, on, or after such date.
SEC. 7. STATE OF SCIENTIFIC INTEGRITY REPORT. 
By January 15 of each year, beginning with January 
15, 2006, the Director of the Office of Science and Tech-
nology Policy shall provide to Congress a report address-
ing—
(1) major controversies regarding scientific in-
tegrity that arose during the year, and the current 
status of such controversies, including controversies 
brought to the attention of the Director by members 
of Congress; 
(2) by agency and with respect to the period 
covered by the report—
(A) the number of instances in which the 
amendments made by sections 3(a), 3(b), and 
4(a), respectively, were violated; and 
(B) a brief description of the violations to 
which the information under subparagraph (A) 
relates, excluding any information that identi-
fies or makes possible the identification of any 
individual; 
(3) Federal policy changes during the year re-
lated to scientific integrity, including changes that 
affect the right to publish, the use of data, commu-
nications with the public, participation in profes-
sional scientific activities, and Federal advisory com-
mittee membership; and
(4) administration efforts specifically designed 
to further scientific integrity. 
SEC. 8. DEFINITIONS. 
In this Act: 
(1) FEDERAL
SCIENTIFIC
ADVISORY
COM-
MITTEE.—The term ‘‘Federal scientific advisory 
committee’’ means any advisory committee estab-
lished in whole or in part to provide expert scientific 
advice, or to provide policy advice based in whole or 
in part on an assessment of scientific information. 
(2) ADVISORY COMMITTEE.—The term ‘‘advi-
sory committee’’ has the meaning provided in section 
3(2) of the Federal Advisory Committee Act (5 
U.S.C. App.). 
(3) AGENCY.—The term ‘‘agency’’ has the same 
meaning as in section 551(1) of title 5, United 
States Code. 
(4) SCIENTIFIC.—The term ‘‘scientific’’ means 
relating to the natural, medical, or social sciences or 
engineering, encompassing, but not limited to, the 
fields considered related to science and engineering 
by the National Science Foundation. 
(5) 
TAMPERING.—The 
term 
‘‘tampering’’ 
means improperly altering or obstructing so as to 
substantially distort, or directing others to do so.
(6) 
CENSORSHIP.—The 
term 
‘‘censorship’’ 
means improper prevention of the dissemination of 
valid and nonclassified scientific findings. 
(7) SPECIAL
GOVERNMENT
EMPLOYEE.—The 
term ‘‘special Government employee’’ has the same 
meaning as in section 202(a) of title 18, United 
States Code. 
(8) ADVISORY COMMITTEE MANAGEMENT OFFI-
CER.— The term ‘‘Advisory Committee Management 
Officer’’ means the officer designated under section 
8(b) of the Federal Advisory Committee Act (5 
U.S.C. App.). 
(9) DESIGNATED AGENCY ETHICS OFFICIAL.—
The term ‘‘designated agency ethics official’’ has the 
same meaning as in section 109(3) of the Ethics in 
Government Act of 1978 (5 U.S.C. App.).
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