119-hr1106

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1106 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1106

 To amend the America COMPETES Act to establish certain scientific 
integrity policies for Federal agencies that fund, conduct, or oversee 
 scientific research, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 6, 2025

 Mr. Tonko (for himself, Ms. Lofgren, Mr. Beyer, Ms. Bonamici, Ms. 
Stevens, Ms. Adams, Mr. Amo, Ms. Ansari, Ms. Barragan, Mrs. Beatty, Mr. 
 Boyle of Pennsylvania, Ms. Brownley, Mr. Carbajal, Mr. Carson, Mr. 
 Carter of Louisiana, Mr. Casten, Ms. Castor of Florida, Ms. Chu, Ms. 
 Clarke of New York, Mr. Cleaver, Mr. Cohen, Mr. Connolly, Ms. Dean of 
 Pennsylvania, Ms. DeGette, Ms. DelBene, Ms. Dexter, Mrs. Dingell, Mr. 
Doggett, Ms. Elfreth, Mrs. Fletcher, Mr. Fitzpatrick, Mr. Foster, Mrs. 
 Foushee, Ms. Lois Frankel of Florida, Mr. Garcia of Illinois, Ms. 
 Garcia of Texas, Mr. Golden of Maine, Mr. Gottheimer, Mr. Green of 
Texas, Mr. Grijalva, Mrs. Hayes, Ms. Hoyle of Oregon, Ms. Houlahan, Mr. 
 Huffman, Ms. Jayapal, Mr. Johnson of Georgia, Ms. Kelly of Illinois, 
Mr. Krishnamoorthi, Mr. Larson of Connecticut, Ms. Lee of Pennsylvania, 
Ms. Leger Fernandez, Mr. Levin, Mr. Lynch, Ms. Matsui, Mrs. McBath, Ms. 
 McBride, Ms. McClellan, Ms. McCollum, Mr. McGovern, Mr. Meeks, Ms. 
 Moore of Wisconsin, Mr. Morelle, Mr. Moulton, Mr. Mullin, Ms. Norton, 
Ms. Ocasio-Cortez, Ms. Omar, Mr. Pallone, Mr. Panetta, Mr. Peters, Ms. 
 Pingree, Ms. Plaskett, Mr. Pocan, Ms. Pressley, Mr. Quigley, Mr. 
Raskin, Ms. Ross, Mr. Ruiz, Ms. Salinas, Ms. Sanchez, Ms. Scanlon, Ms. 
 Schakowsky, Mr. Schneider, Ms. Schrier, Mr. Sherman, Mr. Smith of 
 Washington, Mr. Soto, Ms. Stansbury, Mr. Stanton, Ms. Strickland, Mr. 
 Subramanyam, Mr. Swalwell, Mr. Takano, Mr. Thanedar, Mr. Thompson of 
 Mississippi, Ms. Titus, Ms. Tlaib, Mrs. Torres of California, Mr. 
Turner of Texas, Ms. Velazquez, Ms. Wasserman Schultz, Ms. Waters, Mrs. 
 Watson Coleman, and Ms. Williams of Georgia) introduced the following 
 bill; which was referred to the Committee on Science, Space, and 
 Technology

_______________________________________________________________________

 A BILL

 To amend the America COMPETES Act to establish certain scientific 
integrity policies for Federal agencies that fund, conduct, or oversee 
 scientific research, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Scientific Integrity Act''.

SEC. 2. SENSE OF CONGRESS.

 It is the sense of Congress that--

    (1) science and the scientific process should help inform 
 and guide public policy decisions on a wide range of issues, 
 including improvement of public health, protection of the 
 environment, and protection of national security;

    (2) the public must be able to trust the science and 
 scientific process informing public policy decisions;

    (3) science, the scientific process, and the communication 
 of science should be free from politics, ideology, and 
 financial conflicts of interest;

    (4) policies and procedures that ensure the integrity of 
 the conduct and communication of publicly funded science are 
 critical to ensuring public trust;

    (5) a Federal agency that funds, conducts, or oversees 
 research should not suppress, alter, interfere with, or 
 otherwise impede the timely communication and open exchange of 
 data and findings to other agencies, policymakers, and the 
 public of research conducted by a scientist or engineer 
 employed or contracted by a Federal agency that funds, 
 conducts, or oversees scientific research;

    (6) Federal agencies that fund, conduct, or oversee 
 research should work to prevent the suppression or distortion 
 of the data and findings;

    (7) under the First Amendment to the Constitution, citizens 
 of the United States have the right to ``petition the 
 government for a redress of grievances''; and

    (8) Congress has further protected those rights under 
 

section 7211 of title 5, United States Code, which states, 
 ``the right of employees, individually or collectively, to 
 petition Congress or a member of Congress . . . may not be 
 interfered with or denied''.

SEC. 3. AMENDMENT TO AMERICA COMPETES ACT.

 

Section 1009 of the America COMPETES Act (42 U.S.C. 6620) is 
amended by striking subsections

    (a) and

    (b) and inserting the 
following:
 ``

    (a) Scientific Integrity Policies.--
 ``

    (1) In general.--Not later than 90 days after the date of 
 enactment of the Scientific Integrity Act, the head of each 
 covered agency shall--
 ``
        (A) adopt and enforce a scientific integrity 
 policy in accordance with subsections

    (b) and
            (c) ; and
 ``
        (B) submit such policy to the Director of the 
 Office of Science and Technology Policy for approval.
 ``

    (2) Publication.--Not later than 30 days after the 
 Director of the Office of Science and Technology Policy 
 approves the scientific integrity policy under paragraph

    (1) , 
 the head of each covered agency shall--
 ``
        (A) make such policy available to the public on 
 the website of the agency; and
 ``
        (B) submit such policy to the relevant Committees 
 of Congress.
 ``

    (b) Requirements.--A scientific integrity policy under subsection

    (a) --
 ``

    (1) shall prohibit any covered individual from--
 ``
        (A) engaging in dishonesty, fraud, deceit, 
 misrepresentation, coercive manipulation, or other 
 scientific or research misconduct;
 ``
        (B) suppressing, altering, interfering with, 
 delaying without scientific merit, or otherwise 
 impeding the release and communication of, scientific 
 or technical findings;
 ``
            (C) intimidating or coercing an individual to 
 alter or censor, attempting to intimidate or coerce an 
 individual to alter or censor, or retaliating against 
 an individual for failure to alter or censor, 
 scientific or technical findings; or
 ``
            (D) implementing an institutional barrier to 
 cooperation with scientists outside the covered agency 
 and the timely communication of scientific or technical 
 findings;
 ``

    (2) shall allow a covered individual to--
 ``
        (A) disseminate scientific or technical findings, 
 subject to existing law, by--
 ``
            (i) participating in scientific 
 conferences; and
 ``
            (ii) seeking publication in online and 
 print publications through peer-reviewed, 
 professional, or scholarly journals;
 ``
        (B) sit on scientific advisory or governing 
 boards;
 ``
            (C) join or hold leadership positions on 
 scientific councils, societies, unions, and other 
 professional organizations;
 ``
            (D) contribute to the academic peer-review 
 process as reviewers or editors; and
 ``
        (E) participate and engage with the scientific 
 community;
 ``

    (3) may require a covered individual to, before 
 disseminating scientific or technical findings as described in 
 paragraph

    (2)
        (A) , submit such findings to the agency for the 
 purpose of review by the agency of the data and findings for 
 technical accuracy if the scientific integrity policy outlines 
 a clear and consistent process for such review; and
 ``

    (4) shall require that--
 ``
        (A) scientific conclusions are not made based on 
 political considerations;
 ``
        (B) the selection and retention of candidates for 
 science and technology positions in the covered agency 
 are based primarily on the candidate's expertise, 
 scientific credentials, experience, and integrity;
 ``
            (C) personnel actions regarding covered 
 individuals, except for political appointees, are not 
 taken on the basis of political consideration or 
 ideology;
 ``
            (D) covered individuals adhere to the highest 
 ethical and professional standards in conducting their 
 research and disseminating their findings;
 ``
        (E) the appropriate rules, procedures, and 
 safeguards are in place to ensure the integrity of the 
 scientific process within the covered agency;
 ``
        (F) scientific or technological information 
 considered in policy decisions is subject to well-
 established scientific processes, including peer review 
 where appropriate;
 ``
        (G) procedures, including procedures with respect 
 to applicable whistleblower protections, are in place 
 as are necessary to ensure the integrity of scientific 
 and technological information and processes on which 
 the covered agency relies in its decisionmaking or 
 otherwise uses; and
 ``
        (H) enforcement of such policy is consistent with 
 the processes for an administrative hearing and an 
 administrative appeal.
 ``
            (c) Implementation.--In carrying out subsection

    (a) , the head of 
each covered agency shall--
 ``

    (1) design the scientific integrity policy to apply with 
 respect to the covered agency;
 ``

    (2) ensure that such policy is clear with respect to what 
 activities are permitted and what activities are not permitted;
 ``

    (3) ensure that there is a process for individuals not 
 employed or contracted by the agency, including grantees, 
 collaborators, partners, and volunteers, to report violations 
 of the scientific integrity policy;
 ``

    (4) enforce such policy uniformly throughout the covered 
 agency; and
 ``

    (5) make such policy available to the public, employees, 
 private contractors, and grantees of the covered agency.
 ``
            (d) Scientific Integrity Officer.--Not later than 90 days after 
the date of enactment of this Act, each covered agency shall appoint a 
Scientific Integrity Officer, who shall--
 ``

    (1) be a career employee at the covered agency in a 
 professional position;
 ``

    (2) have technical knowledge and expertise in conducting 
 and overseeing scientific research;
 ``

    (3) direct the activities and duties described in 
 subsections

    (e) ,

    (f) , and

    (g) ; and
 ``

    (4) work closely with the inspector general of the 
 covered agency, as appropriate.
 ``

    (e) Administrative Process and Training.--Not later than 180 days 
after the date of enactment of this Act, the head of each covered 
agency shall establish--
 ``

    (1) an administrative process and administrative appeal 
 process for dispute resolution consistent with the scientific 
 integrity policy of the covered agency adopted under subsection

    (a) ; and
 ``

    (2) a training program to provide--
 ``
        (A) regular scientific integrity and ethics 
 training to employees and contractors of the covered 
 agency;
 ``
        (B) new covered employees with training within 1 
 month of commencing employment;
 ``
            (C) information to ensure that covered 
 individuals are fully aware of their rights and 
 responsibilities regarding the conduct of scientific 
 research, publication of scientific research, and 
 communication with the media and the public regarding 
 scientific research; and
 ``
            (D) information to ensure that covered 
 individuals are fully aware of their rights and 
 responsibilities for administrative hearings and 
 appeals established in the covered agency's scientific 
 integrity policy.
 ``

    (f) Reporting.--
 ``

    (1) Annual report.--Each year, each Scientific Integrity 
 Officer appointed by a covered agency under subsection
            (d) shall post an annual report on the public website of the 
 covered agency that includes, for the year covered by the 
 report--
 ``
        (A) the number of complaints of misconduct with 
 respect to the scientific integrity policy adopted 
 under subsection

    (a) --
 ``
            (i) filed for administrative redress;
 ``
            (ii) petitioned for administrative 
 appeal; and
 ``
            (iii) still pending from years prior to 
 the year covered by the report, if any;
 ``
        (B) an anonymized summary of each such complaint 
 and the results of each such complaint; and
 ``
            (C) any changes made to the scientific integrity 
 policy.
 ``

    (2) Incident report.--
 ``
        (A) In general.--Not later than 30 days after the 
 date on which an incident described in subparagraph
        (B) occurs, the head of a covered agency shall submit a 
 report describing the incident to the Office of Science 
 and Technology Policy and the relevant Committees of 
 Congress.
 ``
        (B) Incident.--An incident described under this 
 paragraph is an incident in which an individual, acting 
 outside the channels established under subsection

    (e) , 
 overrules the decision of the Scientific Integrity 
 Officer with respect to a dispute regarding a violation 
 of the scientific integrity policy.
 ``

    (g) Office of Science and Technology 

=== Policy ===
-The Director of the 
Office of Science and Technology Policy shall--
 ``

    (1) collate, organize, and publicly share all information 
 it receives under subsection

    (g) in 1 place on its own website; 
 and
 ``

    (2) on an annual basis, convene the Scientific Integrity 
 Officer of each covered agency appointed under subsection
            (d) to discuss best practices for implementing the requirements of 
 this section.
 ``

    (h) Periodic Review and Approval.--
 ``

    (1) Internal review.--The head of each covered agency 
 shall periodically conduct a review of the scientific integrity 
 policy and change such policy as appropriate.
 ``

    (2) Review by the office of science and technology 
 

=== policy ===
-
 ``
        (A) Review of substantial updates.--The head of 
 each covered agency shall submit to the Office of 
 Science and Technology Policy for approval any 
 substantial changes to the scientific integrity policy.
 ``
        (B) Quinquennial review.--Not later than 5 years 
 after the date of the enactment of the Scientific 
 Integrity Act, and quinquennially thereafter, the head 
 of each covered agency shall submit the scientific 
 integrity policy to the Office of Science and 
 Technology Policy for review and approval.
 ``
            (i) Comptroller General Review.--Not later than 2 years after the 
date of the enactment of the Scientific Integrity Act, the Comptroller 
General of the United States shall conduct a review of the 
implementation of the scientific integrity policy by each covered 
agency.
 ``

    (j) 

=== Definitions. ===
-In this section:
 ``

    (1) Agency.--The term `agency' has the meaning given the 
 term in 

section 551 of title 5, United States Code.
 ``

    (2) Covered agency.--The term `covered agency' means an 
 agency that funds, conducts, or oversees scientific research.
 ``

    (3) Covered individual.--The term `covered individual' 
 means a Federal employee or contractor who--
 ``
        (A) is engaged in, supervises, or manages 
 scientific activities;
 ``
        (B) analyzes or publicly communicates information 
 resulting from scientific activities; or
 ``
            (C) uses scientific information or analyses in 
 making bureau, office, or agency policy, management, or 
 regulatory decisions.
 ``

    (4) Relevant committees of congress.--The term `relevant 
 Committees of Congress' means--
 ``
        (A) the Committee on Commerce, Science, and 
 Transportation of the Senate; and
 ``
        (B) the Committee on Science, Space, and 
 Technology of the House of Representatives.''.

SEC. 4. EXISTING POLICIES; CLARIFICATION.

    (a) Existing Scientific Integrity Policies.--Notwithstanding the 
amendments made by this Act, a covered agency's scientific integrity 
policy that was in effect on the day before the date of enactment of 
this Act may satisfy the requirements under the amendments made by this 
Act if the head of the covered agency--

    (1) makes a written determination that the policy satisfies 
 such requirements; and

    (2) submits the written determination and the policy to the 
 Director of the Office of Science and Technology Policy for 
 review and approval.

    (b) Clarification.--Nothing in this Act shall affect the 
application of United States copyright law.
            (c) Covered Agency Defined.--The term ``covered agency'' has the 
meaning given the term in 

section 1009 of the America COMPETES Act (42 
U.S.C. 6620).
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