Restore Scientific Integrity to Federal Research and Policymaking Act - Prohibits a federal employee from engaging in: (1) tampering with the conduct of federally funded scientific research or analysis; (2) censorship of findings of such research or analysis; or (3) directing the dissemination of scientific information known by the directing employee to be false or misleading. Sets forth a penalty for violations of such prohibition.
Includes under prohibited personnel practices the taking or failing to take, or threatening to take or failing to take, a personnel action with respect to any employee because of: (1) the development or dissemination, within the scope of employment, of scientific research or analysis that the employee reasonably believes to be accurate and valid; (2) any disclosure of information by an employee or applicant which the employee or applicant reasonably believes evidences an abuse of authority, including but not limited to, tampering with the conduct of federally funded scientific research or analysis, censoring the findings of such research or analysis, or directing the dissemination of scientific information known by the directing employee to be false or misleading.
Sets forth requirements relating to federal scientific advisory committees. States that all appointments to such committees shall be made without regard to political affiliation, unless required by federal statute.
Directs each federal agency to determine a peer review process that is appropriate for the agency's functions and needs. Prohibits "The Information Quality Bulletin for Peer Review", issued on December 16, 2004, from applying to any agency that has established its own peer review process. Prohibits the Office of Management and Budget from taking any action to discourage an agency from determining and establishing a peer-review process appropriate for its needs.
Requires the Director of the Office of Science and Technology Policy to provide annual reports regarding scientific integrity.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1358 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 1358
To protect scientific integrity in Federal research and policymaking.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 30, 2005
Mr. Durbin (for himself and Mr. Lautenberg) introduced the following
bill; which was read twice and referred to the Committee on Homeland
Security and Governmental Affairs
_______________________________________________________________________
A BILL
To protect scientific integrity in Federal research and policymaking.
Be it enacted by the Senate and House of Representatives 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 Policymaking 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 affecting the
health and safety of the American public and the state of the
environment depend upon comprehensive, 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 be comprised of
individuals with the appropriate expertise regardless of
political affiliation.
(6) Over the past four years, leading scientific
associations and scientific journals, Inspectors General,
senior scientists within the Federal Government, former
scientific officials from both Republican and Democratic
administrations, and 48 Nobel Laureates have raised concerns
about political interference 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 presented 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:
``Sec. 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 information
known by the directing employee to be false or misleading.
``(b) Penalties.--An employee who violates this section 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 following:
``(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 dissemination, 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, 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)(ii) and (B)(ii) of section
2302(b)(8) of title 5, United States Code, are amended by inserting
after ``authority,'' the following: ``including but not limited to
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,''.
(b) Conforming Amendments.--
(1) Section 1212(a)(3) of title 5, United States Code, is
amended by inserting after ``authority,'' the following:
``including but not limited to 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)(B), by inserting after
``authority,'' the following: ``including but not
limited to 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,''; and
(B) in paragraph (2)(B), by inserting after
``authority,'' the following: ``including but not
limited to 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,''.
SEC. 5. REQUIREMENTS RELATING TO FEDERAL SCIENTIFIC ADVISORY
COMMITTEES.
(a) Bar on Litmus Tests.--All appointments to Federal scientific
advisory committees shall be made without regard to political
affiliation, unless required by Federal statute.
(b) Designation of Members as Special Government Employees or
Representatives.--
(1) An individual appointed to a Federal scientific
advisory committee who is not a full-time or permanent part-
time officer or employee of the Federal 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
individual'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 designation 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
committee with an indefinite charter, every 2 years.
(c) Ensuring Independent Advice and Expertise.--
(1) Each agency shall, to the extent permitted by law,
appoint individuals to Federal scientific advisory 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 conflict of
interest that is relevant to the functions to be
performed, unless such conflict is promptly and
publicly disclosed and the agency determines 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 inform the agency of the
individual's conflicts of interest that are relevant to the
functions to be performed.
(4) If an agency determines that representative members are
required on a Federal scientific advisory committee, the
Advisory Committee Management 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 Federal scientific advisory
committees are providing sufficiently 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 Governmental
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 enactment of this Act, the agency to
which the committee reports shall make available as described
in paragraph (2) the following information, at a minimum:
(A) The charter of the committee.
(B) A description of the committee formation
process, including at least--
(i) the process for identifying prospective
members;
(ii) the process of selecting members for
balance of viewpoints or expertise; and
(iii) a justification of the need for
representative members, if any.
(C) A list of all current members, including, 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 viewpoint the
member represents.
(D) A list of all special Government employees 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 description of the conflict necessitating the
waiver, 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 committee.
(G) Notices of future meetings of the committee.
(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, electronic access to
the information made available by each agency under
subparagraph (A).
SEC. 6. PEER REVIEW.
(a) Agency-Directed Peer Review.--Each agency 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 not apply to any agency
that has established its own peer review process. The Office of
Management and Budget shall not take any action to discourage an agency
from determining and establishing a peer-review process appropriate for
its needs.
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 Technology Policy shall provide
to Congress a report addressing--
(1) major controversies regarding scientific integrity 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 identifies or makes
possible the identification of any individual;
(3) Federal policy changes during the year related to
scientific integrity, including changes that affect the right
to publish, the use of data, communications with the public,
participation in professional scientific activities, and
Federal advisory committee membership; and
(4) administration efforts specifically designed to further
scientific integrity.
SEC. 8. DEFINITIONS.
In this Act:
(1) Federal scientific advisory committee.--The term
``Federal scientific advisory committee'' means any advisory
committee established 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 ``advisory 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 officer.--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.).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR 7/1/2005 S7851-7852)
Read twice and referred to the Committee on Homeland Security and Governmental Affairs.
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