42 U.S.C. § 289b: Office of Research Integrity

Not later than 90 days after June 10, 1993 , the Secretary shall establish an office to be known as the Office of Research Integrity (referred to in this section as the “Office”), which shall be established as an independent entity in the Department of Health and Human Services. The Office shall be headed by a Director, who shall be appointed by the Secretary, be experienced and specially trained in the conduct of research, and have experience in the conduct of investigations of research misconduct. The Secretary shall carry out this section acting through the Director of the Office. The Director shall report to the Secretary. The Secretary shall by regulation establish a definition for the term “research misconduct” for purposes of this section. For purposes of this section, the term “financial assistance” means a grant, contract, or cooperative agreement. assurances satisfactory to the Secretary that such entity has established and has in effect (in accordance with regulations which the Secretary shall prescribe) an administrative process to review reports of research misconduct in connection with biomedical and behavioral research conducted at or sponsored by such entity; an agreement that the entity will report to the Director any investigation of alleged research misconduct in connection with projects for which funds have been made available under this chapter that appears substantial; and an agreement that the entity will comply with regulations issued under this section. response to information provided to the Director respecting research misconduct in connection with projects for which funds have been made available under this chapter; receipt of reports by the Director of such information from recipients of funds under this chapter; conduct of investigations, when appropriate; and taking of other actions, including appropriate remedies, with respect to such misconduct. The Secretary shall by regulation establish procedures for the Director to monitor administrative processes and investigations that have been established or carried out under this section. made an allegation that the entity, its officials or agents, has engaged in or failed to adequately respond to an allegation of research misconduct; or cooperated with an investigation of such an allegation. The Secretary shall by regulation establish procedures for the Director to monitor the implementation of the standards established by an entity under paragraph (1) for the purpose of determining whether the procedures have been established, and are being utilized, in accordance with the standards established under such paragraph. The Secretary shall by regulation establish remedies for noncompliance by an entity, its officials or agents, which has engaged in retaliation in violation of the standards established under paragraph (1). Such remedies may include termination of funding provided by the Secretary for such project or recovery of funding being provided by the Secretary for such project, or other actions as appropriate. Not later than 180 days after the date of the enactment of this Act [ June 10, 1993 ], the Secretary shall, subject to paragraph (2), issue the final rule for each regulation required in section 493 or 493A of the Public Health Service Act [ 42 U.S.C. 289b , 289b–1]. Not later than 90 days after the date on which the report required in section 162(e) [ 107 Stat. 142 ] is submitted to the Secretary, the Secretary shall issue the final rule for the regulations required in section 493 of the Public Health Service Act with respect to the definition of the term ‘research misconduct’. The final rule issued pursuant to subsection (a) for investigations under section 493 of the Public Health Service Act [ 42 U.S.C. 289b ] does not apply to investigations commenced before the date of the enactment of this Act [ June 10, 1993 ] under authority of such section as in effect before such date. The term ‘section 493 of the Public Health Service Act’ means such section [ 42 U.S.C. 289b ] as amended by sections 161 and 163 of this Act, except as indicated otherwise in subsection (b). The term ‘section 493A of the Public Health Service Act’ means such section [ 42 U.S.C. 289b–1 ] as added by section 164 of this Act. The term ‘Secretary’ means the Secretary of Health and Human Services.”