[Federal Register Volume 71, Number 226 (Friday, November 24, 2006)]
[Notices]
[Page 67870]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19889]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Research 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) and the Assistant Secretary for Health have taken final action in 
the following case:
    James C. Lin, Ph.D., University of Illinois at Chicago: Based on 
the findings from an inquiry by the University of Illinois at Chicago 
(UIC) and on additional analysis conducted by ORI during its oversight 
review, the U.S. Public Health Service (PHS) found that James C. Lin, 
Ph.D., Professor, Department of Electrical and Computer Engineering, 
Physiology, and Biophysics, UIC, engaged in research misconduct 
concerning National Institute of Neurological Disorders and Stroke 
(NINDS), National Institutes of Health (NIH), grant application 1 R01 
NS47238-01, ``Blood-Brain Barrier Interactions of Cellular-Phone 
Radi.''
    Specifically, PHS found that Dr. Lin committed research misconduct 
relative to the legend and related text for Figure 2 (data from a 
colleague on other experiments) for his NIH application 1 R01 NS47238-
01, by falsely claiming the figure represented preliminary results of 
his independent experiments that differed from the source of the figure 
and the prior research in the field, in which he purported to have 
selectively exposed the rat's head to microwave irradiation, to have 
utilized higher peak exposure, of shorter duration and of different 
radio frequencies, and which reported injury of more acute nature to 
the blood barrier.
    Dr. Lin denies all allegations of research misconduct and contends 
that some of his original data is missing as a result of the 
involuntary relocation of his laboratory. Dr. Lin makes no admission of 
guilt in connection with the charges or PHS' findings of research 
misconduct herein. Both Dr. Lin and PHS are desirous of concluding this 
matter without further expense of time and other resources.
    Dr. Lin has entered into a Voluntary Exclusion Agreement in which 
he has voluntarily agreed, for a period of three (3) years, beginning 
on October 24, 2006:
    (1) That any institution which submits an application for PHS 
support for a research project on which Dr. Lin's participation is 
proposed or which uses him in any capacity on PHS supported research, 
or that submits a report of PHS-funded research in which Dr. Lin is 
involved, must concurrently submit a plan for supervision of Dr. Lin's 
duties to the funding agency for approval. The supervisory plan must be 
designed to ensure the scientific integrity of his research 
contribution. Dr. Lin agrees to ensure that a copy of the supervisory 
plan also is submitted to ORI by the institution. He also agrees that 
he will not participate in any PHS-supported research until such a 
supervision plan is submitted to ORI;
    (2) that any institution employing Dr. Lin submit in conjunction 
with each application for PHS funds or reports, manuscripts, or 
abstracts of PHS-funded research in which Dr. Lin is involved a 
certification that the data provided by Dr. Lin 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. Dr. Lin must ensure that the institution also sends a copy 
of the certification to ORI; and
    (3) to exclude himself from serving in any advisory capacity to 
PHS, including but not limited to service on any PHS advisory 
committee, board, and/or peer review committee, or as a consultant.

FOR FURTHER INFORMATION CONTACT: Director, Division of Investigative 
Oversight, Office of Research Integrity, 1101 Wootton Parkway, Suite 
750, Rockville, MD 20852, (240) 453-8800.

Chris B. Pascal,
Director, Office of Research Integrity.
 [FR Doc. E6-19889 Filed 11-22-06; 8:45 am]
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