[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Notices]
[Pages 32503-32504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15416]


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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 a final finding of scientific misconduct in the 
following case:
    Robert P. Liburdy, Ph.D., Lawrence Berkeley National Laboratory: 
Based on an investigation report by the Lawrence Berkeley National 
Laboratory (LBNL) dated July 7, 1995, and an analysis of the data and 
information from Dr. Liburdy obtained by ORI during its oversight 
review, ORI found that Dr. Liburdy, former staff biochemist at LBNL, 
engaged in scientific misconduct in biomedical research by 
intentionally falsifying and fabricating data and claims about the 
purported cellular effects of electric and magnetic fields (EMF) that 
were reported in two scientific papers: (1) Liburdy, R.P. ``Biological 
interactions of cellular systems with time-varying magnetic fields. 
Annals of the New York Academy of Sciences 649:74-95, 1992 (``ANYAS 
paper''); and (2) Liburdy, R.P. ``Calcium signaling in lymphocytes and 
ELF fields.'' FEBS Letters 301:53-59, 1992 (the ``FEBS Letters 
paper''). The ANYAS and FEBS Letters papers were supported by a 
National Cancer Institute (NCI), National Institutes of Health (NIH), 
grant.
    The ANYAS and FEBS Letters papers reported data indicating that EMF 
exert a biological effect by altering the entry of calcium across a 
cell's surface membrane. EMF, which are ubiquitous forms of radiation 
that arise from diverse sources such as power lines, home wiring, and 
household appliances, have been of public concern for potential health 
effects. Dr. Liburdy's claims were potentially very important when 
published in 1992 because they purported to link EMF and calcium 
signaling, a fundamental cell process governing many important cellular 
functions.

[[Page 32504]]

    Dr. Liburdy has entered into Voluntary Exclusion Agreement with 
ORI. As part of this Agreement, Dr. Liburdy neither admits nor denies 
ORI's finding of scientific misconduct. The settlement is not an 
admission of liability on the part of the respondent. As part of the 
Voluntary Exclusion Agreement, Dr. Liburdy has 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 C.F. R. Part 76 (Debarment Regulations) for the three (3) year 
period beginning May 28, 1999;
    (2) 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 the three (3) year period beginning May 28, 1999; and
    (3) To submit letters to the journals ANYAS and FEBS Letters, 
requesting retraction of Figure 12 of the ANYAS paper and of Figures 6 
and 7 of the FEBS Letters paper within 30 days of the date of the 
agreement.

FOR FURTHER INFORMATION CONTACT: Acting Director, Division of Research 
Investigations, Office of Research Integrity, 5515 Security Lane, Suite 
700, Rockville, MD 20852, (301) 443-5330.
Chris B. Pascal,
Acting Director, Office of Research Integrity.
[FR Doc. 99-15416 Filed 6-16-99; 8:45 am]
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