[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.).
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