1.Short title; table of
contents
(a)This Act may be cited
as the Restore Scientific Integrity to
Federal Research and Policymaking Act
.
(b)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.
2.
(a)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)The purpose of this Act is to protect
scientific integrity in Federal research and policymaking.
3.Prohibition of
political interference with science
(a)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)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)An employee who violates this section shall
be subject to appropriate disciplinary action by the employing agency or
entity.
.
(b)Prohibited
personnel practiceSection 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)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.
.
4.Whistleblower
extension for disclosures relating to interference with science
(a)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)
(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,
.
5.Requirements relating
to Federal scientific advisory committees
(a)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 disclosedWith 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)
(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).
6.
(a)Agency-Directed
peer reviewEach agency shall
determine a peer review process appropriate for the agency’s functions and
needs.
(b)Ineffectiveness
of information quality bulletin for peer reviewThe 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.
7.State of scientific
integrity reportBy 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.
8.In this Act:
(1)Federal
scientific advisory committeeThe 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)The term
advisory committee has the meaning provided in
section
3(2) of the Federal Advisory Committee Act (5 U.S.C.
App.).
(3)The term agency has the same
meaning as in section
551(1) of title 5, United States Code.
(4)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)The term tampering means
improperly altering or obstructing so as to substantially distort, or directing
others to do so.
(6)The term censorship means
improper prevention of the dissemination of valid and nonclassified scientific
findings.
(7)Special
Government employeeThe term
special Government employee has the same meaning as in
section
202(a) of title 18, United States Code.
(8)Advisory
Committee Management OfficerThe 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 officialThe
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.).