I 
116TH CONGRESS 
1ST SESSION H. R. 1709 
To amend the America COMPETES Act to establish certain scientific integ-
rity 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 Representa-
tives 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— 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
(1) science and the scientific process should in-
form 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 deci-
sions; 
(3) science, the scientific process, and the com-
munication of science should be free from politics, 
ideology, and financial conflicts of interest; 
(4) policies and procedures that ensure the in-
tegrity 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 find-
ings to other agencies, policymakers, and the public 
of research conducted by a scientist or engineer em-
ployed 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 suppres-
sion or distortion of the data and findings. 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
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, mis-
representation, coercive manipulation, or other sci-
entific or research misconduct; 
‘‘(2) suppress, alter, interfere with, or otherwise 
impede the timely release and communication of, sci-
entific or technical findings; 
‘‘(3) intimidate or coerce an individual to alter 
or censor, or retaliate against an individual for fail-
ure to alter or censor, scientific or technical find-
ings; or 
‘‘(4) implement institutional barriers to co-
operation and the timely communication of scientific 
or technical findings. 
‘‘(b) 
SCIENTIFIC
PUBLICATIONS
AND
CON-
FERENCES.— 
‘‘(1) DISSEMINATION OF FINDINGS.—Subject to 
existing law, a covered individual may disseminate 
scientific or technical findings— 
‘‘(A) by participating in scientific con-
ferences; and 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(B) seeking publication in online and 
print publications through peer-reviewed, pro-
fessional, or scholarly journals. 
‘‘(2) REVIEW BY AGENCIES.— 
‘‘(A) IN GENERAL.—A covered agency may 
require a covered individual to, before dissemi-
nating scientific or technical findings under 
paragraph (1), submit the findings to the cov-
ered agency so that the agency may conduct a 
review of the data and findings for technical ac-
curacy 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 pro-
ceed with plans to disseminate the sci-
entific or technical findings. 
‘‘(c) LEADERSHIP
IN
THE
SCIENTIFIC
COMMU-
NITY.—Subject to applicable law governing ethics and con-
flicts of interest, a covered individual may— 
‘‘(1) sit on scientific advisory or governing 
boards; 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(2) join or hold leadership positions on sci-
entific councils, societies, unions, and other profes-
sional 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 ap-
plied research in science or engineering conducted by a 
covered individual— 
‘‘(1) the covered individual shall have the op-
portunity to review the public statement for tech-
nical accuracy; and 
‘‘(2) if an inaccuracy is discovered as a result 
of the review under paragraph (1), the covered agen-
cy and the covered individual shall jointly revise the 
public statement. 
‘‘(e) INTERVIEW REQUESTS
ON RESEARCH; PER-
SONAL STATEMENTS.— 
‘‘(1) INTERVIEW REQUESTS TO COVERED INDI-
VIDUALS.—A covered individual may respond to 
media interview requests regarding their scientific or 
technical findings from research conducted by the 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
individual without prior approval from the covered 
agency supporting the research of the covered indi-
vidual, but the covered agency may require the cov-
ered 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 re-
quest 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 ar-
ticulate manner, describe and explain the sci-
entific and technical findings to the media and 
the people of the United States. 
‘‘(3) PERSONAL STATEMENTS.—A covered indi-
vidual may present viewpoints in an interview under 
paragraphs (1) and (2) that extend beyond the sci-
entific 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. 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(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 con-
flicts of interest. 
‘‘(5) BIOGRAPHICAL INFORMATION.—Any cov-
ered individual presenting viewpoints under para-
graph (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 in-
tegrity 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 estab-
lished under subsections (a) through (d); 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(2) specifically address what is and what is 
not permitted or recommended under that policy, in-
cluding procedures; 
‘‘(3) be specifically designed for the covered 
agency; 
‘‘(4) be applied uniformly throughout the cov-
ered agency; and 
‘‘(5) be publicly accessible and widely commu-
nicated 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 sub-
section (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 exper-
tise, 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 indi-
viduals, except for political appointees, are not made 
based on political consideration or ideology; 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(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 con-
sidered in policy decisions is subject to well-estab-
lished scientific processes, including peer review 
where appropriate; 
‘‘(9) procedures, including any applicable whis-
tleblower 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 indi-
viduals. 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(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 re-
search; 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 administra-
tive 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 contrac-
tors of the covered agency; 
‘‘(B) provide new covered employees with 
training within one month of commencing em-
ployment; 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(C) provide information to ensure that 
covered individuals are fully aware of their 
rights and responsibilities regarding the con-
duct of scientific research, publication of sci-
entific 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. 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(m) RECORD.—Each scientific integrity policy, proc-
ess, 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 Representa-
tives; 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 an-
nual 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: 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(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 ‘cov-
ered individual’ means a Federal employee or con-
tractor who— 
‘‘(A) is engaged in, supervises, or manages 
scientific activities; 
‘‘(B) analyzes or publicly communicates in-
formation resulting from scientific activities; or 
‘‘(C) uses scientific information or analyses 
in making bureau, office, or agency policy, man-
agement, or regulatory decisions. 
‘‘(4) PUBLIC
STATEMENT.—The term ‘public 
statement’ means any communication that is in-
tended 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 appear-
ances, and interviews or discussions with jour-
nalists; 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
‘‘(B) public writings, such as articles or 
papers in publications or other writings distrib-
uted 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 presen-
tations, podcasts, online video, and exhibits.’’. 
SEC. 4. EXISTING POLICIES; CLARIFICATION. 
(a) EXISTING SCIENTIFIC INTEGRITY POLICIES.— 
Notwithstanding the amendments made by this Act, a cov-
ered 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 cov-
ered agency— 
(1) makes a written determination that the pol-
icy 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. 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS
(c) COVERED AGENCY DEFINED.—The term ‘‘cov-
ered agency’’ has the meaning given the term in section 
1009 of the America COMPETES Act (42 U.S.C. 6620). 
Æ 
VerDate Sep 11 2014 
23:01 Mar 22, 2019
Jkt 089200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H1709.IH
H1709
pbinns on DSK79D2C42PROD with BILLS