[Federal Register Volume 86, Number 26 (Wednesday, February 10, 2021)]
[Presidential Documents]
[Pages 8845-8851]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-02839]


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                         Presidential Documents 
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  Federal Register / Vol. 86, No. 26 / Wednesday, February 10, 2021 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 8845]]

                Memorandum of January 27, 2021

                
Restoring Trust in Government Through Scientific 
                Integrity and Evidence-Based Policymaking

                Memorandum for the Heads of Executive Departments and 
                Agencies

                It is the policy of my Administration to make evidence-
                based decisions guided by the best available science 
                and data. Scientific and technological information, 
                data, and evidence are central to the development and 
                iterative improvement of sound policies, and to the 
                delivery of equitable programs, across every area of 
                government. Scientific findings should never be 
                distorted or influenced by political considerations. 
                When scientific or technological information is 
                considered in policy decisions, it should be subjected 
                to well-established scientific processes, including 
                peer review where feasible and appropriate, with 
                appropriate protections for privacy. Improper political 
                interference in the work of Federal scientists or other 
                scientists who support the work of the Federal 
                Government and in the communication of scientific facts 
                undermines the welfare of the Nation, contributes to 
                systemic inequities and injustices, and violates the 
                trust that the public places in government to best 
                serve its collective interests.

                This memorandum reaffirms and builds on the 
                Presidential Memorandum of March 9, 2009 (Scientific 
                Integrity), and the Director of the Office of Science 
                and Technology Policy's Memorandum of December 17, 2010 
                (Scientific Integrity).

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, I direct as follows:

                Section 1. Role of the Director of the Office of 
                Science and Technology Policy. The Director of the 
                Office of Science and Technology Policy (Director) 
                shall ensure the highest level of integrity in all 
                aspects of executive branch involvement with scientific 
                and technological processes. This responsibility shall 
                include ensuring that executive departments and 
                agencies (agencies) establish and enforce scientific-
                integrity policies that ban improper political 
                interference in the conduct of scientific research and 
                in the collection of scientific or technological data, 
                and that prevent the suppression or distortion of 
                scientific or technological findings, data, 
                information, conclusions, or technical results. In 
                implementing this memorandum, the Director shall, as 
                appropriate, convene and confer with the heads of 
                agencies and with personnel within the offices of the 
                Executive Office of the President, including the Office 
                of Management and Budget.

                Sec. 2. Task Force on Scientific Integrity. (a) The 
                Director shall convene an interagency task force (the 
                ``Task Force'') of the National Science and Technology 
                Council (NSTC) to conduct a thorough review of the 
                effectiveness of agency scientific-integrity policies 
                developed since the issuance of the Presidential 
                Memorandum of March 9, 2009.

                    (b) The Task Force shall complete its review within 
                120 days of the date of the appointment of its members, 
                and shall take the following actions when completing 
                its review.

(i) The Task Force shall ensure its review considers whether existing 
Federal scientific-integrity policies prevent improper political 
interference in the conduct of scientific research and the collection of 
scientific or technological data; prevent the suppression or distortion of 
scientific or technological findings, data, information, conclusions, or 
technical results;

[[Page 8846]]

support scientists and researchers of all genders, races, ethnicities, and 
backgrounds; and advance the equitable delivery of the Federal Government's 
programs.

(ii) The Task Force's review shall include an analysis of any instances in 
which existing scientific-integrity policies have not been followed or 
enforced, including whether such deviations from existing policies have 
resulted in improper political interference in the conduct of scientific 
research and the collection of scientific or technological data; led to the 
suppression or distortion of scientific or technological findings, data, 
information, conclusions, or technical results; disproportionately harmed 
Federal scientists and researchers from groups that are historically 
underrepresented in science, technology, and related fields; or impeded the 
equitable delivery of the Federal Government's programs. The scope of this 
review shall include the work of scientific and technological advisory 
committees, boards, and similar bodies. The existing policies examined by 
this review shall include those issued pursuant to the Presidential 
Memorandum of March 9, 2009, and the Director's Memorandum of December 17, 
2010; any other scientific-integrity policies published on agency websites; 
and commonly accepted scientific-integrity practices.

(iii) The Task Force shall identify effective practices regarding 
engagement of Federal scientists, as well as contractors working on 
scientific matters for agencies, with news media and on social media; 
effective policies that protect scientific independence during clearance 
and review, and that avoid improper political interference in research or 
data collection; effective approaches for handling any disagreements about 
scientific methods and conclusions; effective reporting practices that 
promote transparency in the implementation of agency scientific-integrity 
policies and in the handling of any allegations of misconduct; effective 
practices for educating and informing employees and contractors of their 
rights and responsibilities related to agency scientific-integrity 
policies; promising opportunities to address gaps in current scientific-
integrity policies related to emerging technologies, such as artificial 
intelligence and machine-learning, and evolving scientific practices, such 
as citizen science and community-engaged research; effective approaches to 
minimizing conflicts of interest in Federal Government science; and 
policies that support the professional development of Federal scientists in 
accordance with, and building on, section IV of the Director's Memorandum 
of December 17, 2010.

(iv) To inform the review, the Task Force shall gather input from 
stakeholders and the public regarding scientific-integrity practices. The 
Task Force shall consider obtaining such input through various means, which 
may include holding a virtual stakeholder summit hosted by the Office of 
Science and Technology Policy (OSTP), issuing a public request for 
information, and conducting a virtual listening tour or open forums.

(v) Upon the conclusion of its review, the Director shall publish a report 
on the OSTP website synthesizing the Task Force's findings. The report 
shall include a description of agencies' strengths and weaknesses regarding 
scientific-integrity policies, as well as a description of best practices 
and lessons learned.

                    (c) Within 120 days of the publication of the Task 
                Force's initial 120-day review of existing scientific-
                integrity policies, the Task Force shall develop a 
                framework to inform and support the regular assessment 
                and iterative improvement of agency scientific-
                integrity policies and practices, to support the 
                Director and OSTP in ensuring that agencies adhere to 
                the principles of scientific integrity. This framework 
                shall include assessment criteria that OSTP and 
                agencies can use to inform, review, and improve the 
                design and implementation of agency scientific-
                integrity policies. The Director shall publish this 
                framework on the OSTP website.

                Sec. 3. Agency Scientific-Integrity Policies. (a) Heads 
                of agencies shall ensure that all agency activities 
                associated with scientific and technological processes 
                are conducted in accordance with the 6 principles set 
                forth in section

[[Page 8847]]

                1 of the Presidential Memorandum of March 9, 2009, and 
                the 4 foundations of scientific integrity in government 
                set forth in part I of the Director's Memorandum of 
                December 17, 2010.

                    (b) Heads of agencies shall ensure that their 
                agency scientific-integrity policies reflect the 
                findings in the Task Force report produced under 
                section (2)(b)(v) of this memorandum and apply to all 
                agency employees, regardless of the nature of their 
                appointment, as well as contractors who perform 
                scientific activities for agencies. Heads of agencies 
                shall coordinate with the Director in the development, 
                updating, and implementation of any agency-specific 
                policies or procedures deemed necessary to ensure the 
                integrity of scientific decision-making. The following 
                time frames shall apply when completing the activities 
                described in this subsection:

(i) The head of each agency with an existing scientific-integrity policy 
shall submit an updated policy to the Director within 180 days of the 
publication of the Task Force's report.

(ii) The head of each agency without an existing scientific-integrity 
policy shall submit a draft agency scientific-integrity policy to the 
Director within 180 days of the publication of the Task Force's report.

(iii) The Director shall expeditiously review scientific-integrity policies 
submitted by the agencies to ensure that the policies respond to the Task 
Force's analysis, adhere to the policy directives in this memorandum, and 
uphold the highest standards of scientific practice.

(iv) The Director shall notify agencies of any deficiencies in the 
scientific-integrity policies and collaborate with agencies to 
expeditiously correct those deficiencies.

                    (c) In implementing this section, heads of agencies 
                shall:

(i) Provide the Director with any information the Director deems necessary 
to conduct the Director's duties under this memorandum;

(ii) Publish the agency's scientific-integrity policy on the agency's 
website, and disseminate information about the policy through the agency's 
social media channels;

(iii) Develop and publish procedures, as appropriate and consistent with 
applicable law, for implementing the agency's scientific-integrity policy, 
including establishing and publishing an administrative process for 
reporting, investigating, and appealing allegations of deviations from the 
agency's policy, and for resolving any disputes or disagreements about 
scientific methods and conclusions;

(iv) Review and, as needed, update within 60 days of the date of this 
memorandum any website content, and within 300 days of the date of this 
memorandum any agency reports, data, and other agency materials issued or 
published since January 20, 2017, that are inconsistent with the principles 
set forth in this memorandum and that remain in use by the agency or its 
stakeholders;

(v) Educate agency employees, as well as contractors who perform scientific 
activities for the agency, on their rights and responsibilities related to 
scientific integrity, including by conducting routine training on the 
agency's scientific-integrity policy for all employees, and by ensuring any 
new employees are made aware of their responsibilities under the agency's 
scientific-integrity policy shortly after they are hired; and

(vi) Publish, consistent with any requirements related to national security 
and privacy, as well as any other applicable law, an annual report on the 
agency's website that includes the number of administrative investigations 
and appeals involving alleged deviations from the agency's scientific-
integrity policies, as described in section (3)(c)(iii) of this memorandum, 
for the year covered by the report, and the number of investigations and 
appeals pending from years prior to the year covered by the report, if any.

[[Page 8848]]

                Sec. 4. Publication of Scientific-Integrity Policies 
                and Ongoing Biennial Reporting. (a) The Director shall 
                publish on the OSTP website, and disseminate via social 
                media, information about this memorandum, related OSTP 
                and NSTC reports on scientific integrity, and links to 
                the scientific-integrity policies posted on agency 
                websites, to ensure such information and policies can 
                be easily accessed by the public.

                    (b) The Director shall publish on the OSTP website, 
                and disseminate via social media, a biennial report on 
                the status of the implementation of this memorandum 
                across the executive branch. This report shall include 
                a review of the impact on scientific integrity of 
                diversity, equity, and inclusion practices related to 
                the Federal scientific and engineering workforce and 
                scientific Federal advisory committees.

                Sec. 5. Evidence-Based Policymaking. (a) Heads of 
                agencies shall ensure that the scientific-integrity 
                policies of their agencies consider, supplement, and 
                support their plans for forming evidence-based 
                policies, including the evidence-building plans 
                required by 5 U.S.C. 312(a) and the annual evaluation 
                plans required by 5 U.S.C. 312(b).

                    (b) Within 120 days of the date of this memorandum, 
                after consultation with the Director, the Director of 
                the Office of Management and Budget (OMB) shall issue 
                guidance to improve agencies' evidence-building plans 
                and annual evaluation plans. Specifically, the Director 
                of OMB shall consider whether, consistent with, and 
                building upon, Executive Order 13707 of September 15, 
                2015 (Using Behavioral Science Insights to Better Serve 
                the American People), agencies' evidence-building plans 
                and annual evaluation plans shall include a broad set 
                of methodological approaches for the evidence-based and 
                iterative development and the equitable delivery of 
                policies, programs, and agency operations. Relevant 
                approaches might include use of pilot projects, 
                randomized control trials, quantitative-survey research 
                and statistical analysis, qualitative research, 
                ethnography, research based on data linkages in which 
                records from two or more datasets that refer to the 
                same entity are joined, well-established processes for 
                community engagement and inclusion in research, and 
                other approaches that may be informed by the social and 
                behavioral sciences and data science.
                    (c) The statutory positions required to be 
                designated by agencies by the Foundations for Evidence-
                Based Policymaking Act of 2018 (Public Law 115-435), 
                which include the Evaluation Officer, the Chief Data 
                Officer, and a senior statistical official, shall 
                incorporate scientific-integrity principles consistent 
                with this memorandum into agencies' data governance and 
                evaluation approaches. Similarly, the Chief Data 
                Officers Council shall incorporate scientific-integrity 
                principles consistent with this memorandum into its 
                efforts to establish government-wide best practices for 
                the use, protection, dissemination, and generation of 
                data, and both the Chief Data Officers Council and the 
                Evaluation Officer Council shall identify ways in which 
                agencies can improve upon the production of evidence 
                for use in policymaking.
                    (d) Consistent with the provisions of the 
                Foundations for Evidence-Based Policymaking Act of 
                2018, heads of agencies shall, as appropriate and 
                consistent with applicable law, expand open and secure 
                access to Federal data routinely collected in the 
                course of administering Federal, State, local, Tribal, 
                or territorial government programs or fulfilling 
                Federal, State, local, Tribal, or territorial 
                government mandates, such as tax data, vital records, 
                other statistical data, and Social Security 
                Administration earnings and employment reports, to 
                ensure governmental and non-governmental researchers 
                can use Federal data to assess and evaluate the 
                effectiveness and equitable delivery of policies and to 
                suggest improvements. In implementing this provision, 
                heads of agencies shall:

(i) Make these data available by default in a machine-readable format and 
in a manner that protects privacy and confidential or classified 
information, and any other information protected from disclosure by law;

[[Page 8849]]

(ii) Publish an agency data plan that provides a consistent framework for 
data stewardship, use, and access. If publishing such a plan is not 
feasible, then the head of the agency shall publish guidelines outlining 
how the data were collected, metadata on data use, any limitations on data 
use, and ways for researchers to provide feedback on data shared;

(iii) Follow the mandates of the Information Quality Act (section 515 of 
Public Law 106-554) in assessing and making available to researchers 
information on the quality of the data being provided; and

(iv) Where possible, provide such data disaggregated by gender, race, 
ethnicity, age, income, and other demographic factors that support 
researchers in understanding the effects of policies and programs on equity 
and justice.

                    (e) The Director of OMB shall review whether 
                guidance to agencies on implementation of the 
                Information Quality Act needs to be updated and 
                reissued.
                    (f) Heads of agencies shall review and 
                expeditiously update any agency policies, processes, 
                and practices issued or published since January 20, 
                2017, that prevent the best available science and data 
                from informing the agency's evidence-based and 
                iterative development and equitable delivery of 
                policies and programs.

                Sec. 6. Agency Chief Science Officers and Scientific 
                Integrity Officials. (a) Within 120 days of the date of 
                this memorandum, the heads of agencies that fund, 
                conduct, or oversee scientific research shall, to the 
                extent consistent with applicable law, designate a 
                senior agency employee for the role of chief science 
                officer, science advisor, or chief scientist (``Chief 
                Science Officer''), who shall:

(i) Serve as the principal advisor to the head of the agency on scientific 
issues and ensure that the agency's research programs are scientifically 
and technologically well-founded and conducted with integrity; and

(ii) Oversee the implementation and iterative improvement of policies and 
processes affecting the integrity of research funded, conducted, or 
overseen by the agency, as well as policies affecting the Federal and non-
Federal scientists who support the research activities of the agency, 
including scientific-integrity policies consistent with the provisions of 
this memorandum.

                    (b) Because science, facts, and evidence are vital 
                to addressing policy and programmatic issues across the 
                Federal Government, the heads of all agencies (not only 
                those that fund, conduct, or oversee scientific 
                research) shall designate expeditiously a senior career 
                employee as the agency's lead scientific-integrity 
                official (``Scientific Integrity Official'') to oversee 
                implementation and iterative improvement of scientific-
                integrity policies and processes consistent with the 
                provisions of this memorandum, including implementation 
                of the administrative and dispute resolution processes 
                described in section (3)(c)(iii) of this memorandum. 
                For agencies with a Chief Science Officer, the 
                Scientific Integrity Official shall report to the Chief 
                Science Officer on all matters involving scientific-
                integrity policies.
                    (c) To the extent necessary to fully implement the 
                provisions of this memorandum, heads of agencies may 
                designate additional scientific-integrity points of 
                contact in different offices and components, who shall 
                coordinate with the agency's Scientific Integrity 
                Official in implementing the agency's scientific-
                integrity policies and processes.
                    (d) Heads of agencies should ensure those 
                designated to serve in the roles described in this 
                section, along with their respective staffs, are 
                selected based on their scientific and technological 
                knowledge, skills, experience, and integrity, including 
                experience conducting and overseeing scientific 
                research and utilizing scientific and technological 
                information and data in agency decision-making, 
                prioritizing experience with evidence-based, equitable, 
                inclusive, and participatory practices and structures 
                for the conduct of scientific research and the 
                communication of scientific results.

[[Page 8850]]

                    (e) The Director or a designee of the Director 
                shall regularly convene Chief Science Officers and 
                Scientific Integrity Officials to encourage the 
                discussion and expansion of effective scientific-
                integrity policies and practices among agencies.

                Sec. 7. Scientific Advisory Committees. (a) Within 90 
                days of the date of this memorandum, heads of agencies 
                shall review their current and future needs for 
                independent scientific and technological advice from 
                Federal advisory committees, commissions, and boards. 
                The review should include an evaluation of those 
                advisory bodies established by law, and should consider 
                both current and anticipated needs.

                    (b) This review shall assess which Federal 
                scientific and technological advisory committees should 
                be rechartered or recreated to ensure that relevant and 
                highly qualified external experts, with proper 
                safeguards against conflicts of interest, can 
                contribute to critical Federal regulations and other 
                agency actions and decision-making. The review shall 
                also identify any agency policies, processes, or 
                practices that may currently prevent or inhibit 
                relevant and highly qualified external experts from 
                serving on such committees.
                    (c) In conducting this review, heads of agencies 
                shall take steps to review the membership of scientific 
                and technological advisory committees and, as 
                appropriate and consistent with applicable law, ensure 
                that members and future nominees reflect the diversity 
                of America in terms of gender, race, ethnicity, 
                geography, and other characteristics; represent a 
                variety of backgrounds, areas of expertise, and 
                experiences; provide well-rounded and expert advice to 
                agencies; and are selected based on their scientific 
                and technological knowledge, skills, experience, and 
                integrity, including prioritization of experience with 
                evidence-based, equitable, inclusive, and participatory 
                practices and structures for the conduct of scientific 
                research and the communication of scientific results.
                    (d) Upon completion of their 90-day review, heads 
                of agencies shall provide a summary report to the 
                Director and the Director of OMB with recommendations 
                on which Federal scientific and technological advisory 
                committees should be rechartered or recreated in 
                accordance with subsection (b) of this section; which 
                scientific and technological advisory committees should 
                be prioritized for membership appointments to ensure 
                they provide well-rounded and expert advice reflecting 
                diverse perspectives, in accordance with subsection (c) 
                of this section; and which agency policies, processes, 
                or practices, if any, should be updated to encourage 
                relevant and highly qualified external experts to serve 
                on such committees.

                Sec. 8. General Provisions. (a) Nothing in this 
                memorandum shall be construed to impair or otherwise 
                affect:

(i) the authority granted by law to an executive department or agency, or 
the head thereof; or

(ii) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This memorandum shall be implemented consistent 
                with applicable law and subject to the availability of 
                appropriations.

[[Page 8851]]

                    (c) This memorandum is not intended to, and does 
                not, create any right or benefit, substantive or 
                procedural, enforceable at law or in equity by any 
                party against the United States, its departments, 
                agencies, or entities, its officers, employees, or 
                agents, or any other person.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    Washington, January 27, 2021

[FR Doc. 2021-02839
Filed 2-9-21; 8:45 am]
Billing code 3295-F1-P