Page:United States Statutes at Large Volume 107 Part 1.djvu/167

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PUBLIC LAW 103-43—JUNE 10, 1993 107 STAT. 141 require that each entity that applies for financial assistance under this Act for any project or program that involves the conduct of biomedical or behavioral research submit in or with its application for such assistance— "(1) 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; "(2) an agreement that the entity will report to the Director any investigation of alleged research misconduct in connection with projects for which mnds have been made available under this Act that appears substantial; and "(3) an agreement that the entity will comply with regulations issued under this section. "(c) PROCESS FOR RESPONSE OF DIRECTOR.— The Secretary shall by regulation establish a process to be followed by the Director for the prompt and appropriate— "(1) response to information provided to the Director respecting research misconduct in connection with projects for which funds have been made available under this Act; "(2) receipt of reports by the Director of such information from recipients of funds under this Act; "(3) conduct of investigations, when appropriate; and "(4) taking of other actions, including appropriate remedies, with respect to such misconduct. "(d) MONITORING BY DIRECTOR. —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.". SEC. 162. COMMISSION ON RESEARCH INTEGRITY. (a) IN GENERAL.— Not later than 90 days after the date of Establishment. the enactment of this Act, the Secretary of Health and Human Services shall establish a commission to be known as the Commission on Research Integrity (in this section referred to as the "Commission"). (b) DUTIES. — The Commission shall develop recommendations for the Secretary of Health and Human Services on the administration of section 493 of the Public Heedth Service Act (as amended and added by section 161 of this Act). (c) COMPOSITION.—The Commission shall be composed of 12 members to be appointed by the Secretary of Health and Human Services. Not more than 3 members of the Commission may be officers or employees of the United States. Of the members of the Commission— (1) three shall be scientists with substantial accomplishments in biomedical or behavioral research; (2) three shall be individuals with experience in investigating allegations of misconduct with respect to research; (3) three shall be representatives of institutions of higher education at which biomedical or behavioral research is conducted; and (4) three shall be individuals who are not described in paragraph (1), (2), or (3), at least one of whom shall be an attorney and at least one of whom shall be an ethicist.