[Federal Register Volume 60, Number 227 (Monday, November 27, 1995)]
[Notices]
[Page 58365]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-28839]



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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Scientific Misconduct

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: Notice is hereby given that the Office of Research Integrity 
(ORI) has made final findings of scientific misconduct in the following 
case:
    Daniel P. Bednarik, Ph.D., Centers for Disease Control and 
Prevention (CDC): Based on an investigation conducted by the Division 
of Research Investigations, ORI found that Daniel P. Bednarik, Ph.D., 
engaged in scientific misconduct by fabricating and falsifying research 
data in two scientific manuscripts that were submitted for publication 
to the journal Nucleic Acids Research and to the journal AIDS. One 
paper, entitled ``Expression of the human (cytosine-5) 
methyltransferase is regulated by alternative mRNA splicing,'' was not 
accepted and the other, entitled ``Indirect evidence for an EBV-HIV 
hybrid virus: Human immunodeficiency virus type 1 and Epstein-Barr 
virus genome association,'' was withdrawn before review. Dr. Bednarik 
is a former employee of CDC, and the research was done while he was 
employed by CDC.
    Dr. Bednarik and ORI have entered into a Voluntary Exclusion 
Agreement, which the parties agreed shall not be construed as an 
admission of liability or wrongdoing on the part of Dr. Bednarik. Dr. 
Bednarik has agreed not to appeal ORI's jurisdiction or its findings 
and has further voluntarily agreed:
    (1) To exclude himself from any contracting or subcontracting with 
any agency of the United States Government and from eligibility for, or 
involvement in, nonprocurement transactions (e.g., grants and 
cooperative agreements) of the United States Government, as defined in 
45 CFR Part 76 and 48 CFR Subparts 9.4 and 309.4 (Debarment 
Regulations) for a period of two (2) years, beginning on October 30, 
1995;
    (2) That any institution employing the Respondent be required to 
submit, in conjunction with each application for PHS funds or report of 
PHS funded research in which the Respondent is involved, a 
certification that the data provided by the Respondent are based on 
actual experiments or are otherwise legitimately derived and that the 
data, procedures, and methodology are accurately reported in the 
application or report for a period of one (1) year following his 
exclusion;
    (3) That any institution that submits an application for PHS 
support for a research project that proposes the Respondent's 
participation or that uses the Respondent in any capacity on PHS 
supported research, must concurrently submit a plan for supervision of 
the Respondent's duties, designed to ensure the scientific integrity of 
Dr. Bednarik's research, for a period of one (1) year following his 
exclusion; and
    (4) To exclude himself from serving in any advisory capacity to the 
Public Health Service (PHS), including but not limited to service on 
any PHS advisory committee, board, and/or peer review committee, or as 
a consultant for a period of three (3) years, beginning on October 30, 
1995.

FOR FURTHER INFORMATION CONTACT: Director, Division of Research 
Investigation, Office of Research Integrity, 5515 Security Lane, Suite 
700, Rockville, MD 20852.
Lyle W. Bivens,
Director, Office of Research Integrity.
[FR Doc. 95-28839 Filed 11-24-95; 8:45 am]
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