,,ii #aafth ,,congress #ast ,session ,s4 #gge ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ac1 #bjai,mr4 ,schatz introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,a ,,bill ,to amend the ,america ,,competes ,act to require certain agencies to develop scientific integrity policies1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,scientific ,integrity ,act4 #b4 ,definition of covered agency ,in this ,act1 the term covered agency means any agency1 as defined in section #eea of title #e1 ,united ,states ,code1 that funds1 conducts1 or oversees scientific research4 #c4 ,sense of ,congress ,it is the sense of ,congress that-- 7#a7 science and the scientific process should inform and guide public policy decisions on a wide range of issues1 including improvement of public health1 protection of the environment1 and protection of national security2 7#b7 the public must be able to trust the science and scientific process informing public policy decisions2 7#c7 science1 the scientific process1 and the communication of science should be free from politics1 ideology1 and financial conflicts of interest2 7#d7 policies and procedures that ensure the integrity of the conduct and communication of publicly funded science are critical to ensuring public trust2 7#e7 covered agencies should promote and maximize the communication and open exchange of data and findings to other agencies1 policymakers1 and the public of research conducted by a scientist or engineer employed or contracted by the covered agency2 and 7#f7 covered agencies should work to prevent the suppression or distortion of the data and findings4 #d4 ,principles2 implementation and scientific integrity policies ,section #ajji of the ,america ,,competes ,act 7#db ,u4,s4,c4 #ffbj7 is amended to read as follows3 7a7 ,definitions ,in this section3 7#a7 ,covered agency ,the term covered agency means any agency1 as defined in section #eea of title #e1 ,united ,states ,code1 that funds1 conducts1 or oversees scientific research or the analysis of research4 7#b7 ,covered individual ,the term covered individual means a ,federal employee or contractor who-- 7,a7 is engaged in1 supervises1 or manages scientific activities2 7,b7 analyzes or publicly communicates information resulting from scientific activities2 or 7,c7 uses scientific information or analyses in making bureau1 office1 or agency policy1 management1 or regulatory decisions4 7#c7 ,public statement ,the term public statement means any communication that is intended for1 or should reasonably be expected to have1 broad distribution outside the ,federal ,government1 including-- 7,a7 public speeches1 news releases and advisories1 news conferences1 broadcast appearances1 and interviews or discussions with journalists2 7,b7 public writings1 such as articles or papers in publications or other writings distributed through mass-mailing1 e-mail1 or posting on a website or social media platform2 7,c7 materials and presentations for public educational instruction1 lectures1 conferences1 seminars1 and similar venues2 and 7,d7 public distribution of audiovisual works1 such as slide sets1 ,power,point presentations1 podcasts1 online video1 and exhibits4 7b7 ,prohibited conduct ,no covered individual shall-- 7#a7 engage in dishonesty1 fraud1 deceit1 misrepresentation1 coercive manipulation1 or other scientific or research misconduct2 7#b7 suppress1 alter1 interfere1 or otherwise impede the timely release and communication of scientific or technical findings2 7#c7 intimidate1 coerce1 or retaliate against covered individuals or others to alter or censor scientific or technical findings2 or 7#d7 implement institutional barriers to cooperation and the timely communication of scientific or technical findings4 7c7 ,scientific publications and conferences 7#a7 ,dissemination of findings ,a covered individual may disseminate scientific or technical findings-- 7,a7 by participating in scientific conferences2 and 7,b7 seeking publication in online and print publications through peer-reviewed1 professional1 or scholarly journals4 7#b7 ,review by agencies 7,a7 ,in general ,a covered agency may require a covered individual to1 before disseminating scientific or technical findings under paragraph 7#a71 submit the findings to the covered agency so that the agency may conduct a review of the data and findings for technical accuracy and compliance with subsection 7b74 7,b7 ,approval ,if a covered agency does not complete the review under subparagraph 7,a7 of data and findings submitted by a covered individual within #cj days of the submission-- 7i7 the submission shall be deemed approved by the covered agency2 and 7ii7 the covered individual may proceed with plans to disseminate the scientific or technical findings4 7d7 ,leadership in the scientific community ,subject to applicable law governing ethics and conflicts of interest1 a covered individual may-- 7#a7 sit on scientific advisory or governing boards2 7#b7 join or hold leadership positions on scientific councils1 societies1 unions1 and other professional organizations2 7#c7 contribute to the academic peer-review process as reviewers or editors2 and 7#d7 participate and engage with the scientific community4 7e7 ,public statements on basic or applied research ,whenever a covered agency seeks to make a public statement about the conclusions of basic or applied research in science or engineering conducted by a covered individual-- 7#a7 the covered individual shall have the opportunity to review the public statement for technical accuracy2 and 7#b7 if an inaccuracy is discovered as a result of the review under paragraph 7#a71 the covered agency and the covered individual shall jointly revise the public statement4 7f7 ,interview requests on research2 personal statements 7#a7 ,interview requests to covered individuals ,a covered individual may respond to media interview requests regarding their scientific or technical findings from research conducted by the individual without prior approval from the covered agency supporting the research of the covered individual1 but the covered agency may require the covered individual to report the subject of any such interview4 7#b7 ,interview requests to agencies ,in the event a covered agency supporting the research of a covered individual receives a media interview request regarding that research1 the covered agency shall-- 7,a7 offer the covered individual the choice of responding to the interview directly2 or 7,b7 provide a knowledgeable spokesperson who can1 in an objective1 nonpartisan1 and articulate manner1 describe and explain the scientific and technical findings to the media and the people of the ,united ,states4 7#c7 ,personal statements ,a covered individual may present viewpoints in an interview under paragraphs 7#a7 and 7#b7 that extend beyond the scientific or technical findings of the covered individual1 and incorporate the expert or personal opinions of the covered individual1 including on matters of policy1 only if the covered individual indicates that they are presenting their individual opinions4 7#d7 ,conflicts of interest ,any covered individual presenting viewpoints under paragraph 7#c7 shall disclose any apparent1 potential1 or actual financial conflict of interest or non-financial conflict of interest4 7#e7 ,biographical information ,any covered individual presenting viewpoints under paragraph 7#c7 may note their affiliation with a covered agency as part of their biographical information1 provided that the affiliation is noted as #a of several biographical details of the covered individual4 7g7 ,scientific integrity policies ,not later than #ij days after the date of enactment of the ,scientific ,integrity ,act1 the head of each covered agency shall-- 7#a7 develop1 adopt1 and enforce a scientific integrity policy2 and 7#b7 submit the scientific integrity policy to-- 7,a7 the ,director of the ,office of ,science and ,technology ,policy2 and 7,b7 ,congress4 7h7 ,requirements ,each scientific integrity policy developed by a covered agency under subsection 7g7 shall-- 7#a7 be consistent with the principles established under subsections 7b7 through 7f72 7#b7 specifically address what is and what is not permitted or recommended under that policy1 including procedures2 7#c7 be specifically designed for the covered agency2 7#d7 be applied uniformly throughout the covered agency2 and 7#e7 be publicly accessible and widely communicated to all covered individuals and grantees of the covered agency4 7i7 ,contents ,in addition to the requirements under subsection 7h71 each scientific integrity policy adopted by a covered agency under subsection 7g7 shall1 at a minimum1 ensure that-- 7#a7 scientific conclusions are not made based on political considerations2 7#b7 the selection and retention of candidates for science and technology positions in the covered agency are based primarily on the expertise1 scientific credentials1 experience1 and integrity of the candidate2 7#c7 no covered individual shall suppress1 alter1 interfere1 or otherwise impede the timely release and communication of scientific or technical findings2 7#d7 personnel actions regarding covered individuals1 other than political appointees1 are not made based on political consideration or ideology2 7#e7 covered individuals cannot intimidate or coerce others to alter or censor scientific findings2 7#f7 covered individuals adhere to the highest ethical and professional standards in conducting their research and disseminating their findings2 7#g7 the appropriate rules1 procedures1 and safeguards are in place to ensure the integrity of the scientific process within the covered agency2 7#h7 scientific or technological information considered in policy decisions is subject to well-established scientific processes1 including peer review where appropriate2 7#i7 procedures1 including any applicable whistleblower protections1 are in place as are necessary to ensure the integrity of scientific and technological information and processes on which the covered agency relies in decision making or otherwise uses2 and 7#aj7 include enforcement processes consistent for an administrative hearing and an administrative appeal4 7j7 ,application ,each scientific integrity policy adopted under subsection 7g7 shall apply to covered individuals4 7k7 ,scientific integrity officer ,not later than #cj days after the date of enactment of the ,scientific ,integrity ,act1 each covered agency shall appoint a ,scientific ,integrity ,officer1 who shall-- 7#a7 be a career employee at the covered agency in a scientific or professional position2 7#b7 have substantial technical knowledge and expertise in conducting and overseeing scientific research2 and 7#c7 direct the activities and duties described in subsections 7l71 7m71 and 7n74 7l7 ,policies1 process1 and training ,not later than #ahj days after the date of enactment of the ,scientific ,integrity ,act1 each covered agency shall adopt and implement-- 7#a7 an administrative process and administrative appeal for dispute resolution consistent with the scientific integrity policy adopted by the covered agency under subsection 7g72 and 7#b7 a training program to provide-- 7,a7 regular scientific integrity and ethics training to covered individuals2 7,b7 covered individuals with training within #a month of commencing employment2 7,c7 information to ensure that covered individuals are fully aware of their rights and responsibilities regarding the conduct of scientific research1 publication of scientific research1 communication with the media and the public regarding scientific research2 and 7,d7 information to ensure that covered individuals are fully aware of their rights and responsibilities for administrative hearings and appeals established in the scientific integrity policy of the covered agency4 7m7 ,reporting ,each ,scientific ,integrity ,officer appointed by a covered agency under subsection 7k7 shall post an annual report on the public website of the covered agency that includes-- 7#a7 the number of misconduct cases filed for administrative redress for the year covered by the report2 7#b7 the number of misconduct cases petitioned for administrative appeal for the year covered by the report2 and 7#c7 the number of cases still pending from years prior to the year covered by the report1 if any4 7n7 ,record ,each scientific integrity policy1 process1 and report produced by a covered agency under this section shall be-- 7#a7 submitted to-- 7,a7 the ,committee on ,commerce1 ,science1 and ,transportation of the ,senate2 7,b7 the ,committee on ,science1 ,space1 and ,technology of the ,house of ,representatives2 and 7,c7 the ,office of ,science and ,technology ,policy2 and 7#b7 made available to the public on the website of the covered agency4 7o7 ,coordination by the ,office of ,science and ,technology 7#a7 ,publication ,the ,office of ,science and ,technology ,policy shall collate1 organize1 and publicly share all information that the ,office receives under subsection 7n7 on a single webpage on the website of the ,office4 7#b7 ,annual convening ,the ,director of the ,office of ,science and ,technology ,policy shall1 on annual basis1 convene the ,scientific ,integrity ,officer of each covered agency appointed under subsection 7k7 to discuss best practices for implementing the requirements of this section4 4 #e4 ,existing policies2 rule of construction 7a7 ,existing scientific integrity policies ,a scientific integrity policy of a covered agency that was in effect on the day before the date of enactment of this ,act may satisfy the requirements of section #ajji of the ,america ,,competes ,act 7#db ,u4,s4,c4 #ffbj71 as amended by section #d of this ,act1 if the head of the covered agency-- 7#a7 makes a written determination that the policy satisfies the requirements of that section2 and 7#b7 submits the written determination and the policy to the ,director of the ,office of ,science and ,technology ,policy for review4 7b7 ,rule of construction ,nothing in this ,act or the amendments made by this ,act shall affect the application of ,united ,states copyright law4