Findings of Misconduct in Science, 4566 [2010-1706]

Download as PDF 4566 Federal Register / Vol. 75, No. 18 / Thursday, January 28, 2010 / Notices funding fee and sales reporting. A request for public comments was published in the Federal Register at 74 FR 58630, on November 13, 2009. No comments were received. Public comments are particularly invited on: Whether this collection of information is necessary and whether it will have practical utility; whether our estimate of the public burden of this collection of information is accurate, and based on valid assumptions and methodology; ways to enhance the quality, utility, and clarity of the information to be collected. DATES: Submit comments on or before: March 1, 2010. FOR FURTHER INFORMATION CONTACT: Mr. Warren Blankenship, Procurement Analyst, Contract Policy Branch, at telephone (202) 501–1900 or via e-mail to warren.blankenship@gsa.gov. ADDRESSES: Submit comments regarding this burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden to GSA Desk Officer, OMB, Room 10236, NEOB, Washington, DC 20503, and a copy to the Regulatory Secretariat (MVPR), General Services Administration, 1800 F Street, NW., Room 4041, Washington, DC 20405. Please cite OMB Control No. 3090–0121, Industrial Funding Fee and Sales Reporting, in all correspondence. SUPPLEMENTARY INFORMATION: A. Background The Government collects the data quarterly in order to evaluate and monitor the effectiveness of the schedule program and to negotiate better prices based on volume, which saves taxpayers dollars. As a result of collecting the data quarterly, the Government has the ability to provide upon request current schedule sales information to the federal agencies and the public. mstockstill on DSKH9S0YB1PROD with NOTICES B. Annual Reporting Burden Respondents: 17,000. Responses Per Respondent: 20. Total Responses: 340,000. Hours Per Response: .0833. Total Burden Hours: 28,322. Obtaining Copies of Proposals: Requesters may obtain a copy of the information collection documents from the General Services Administration, Regulatory Secretariat (MVPR), 1800 F Street, NW., Room 4041, Washington, DC 20405, telephone (202) 208–7312. Please cite OMB Control No. 3090–0121, Industrial Funding Fee and Sales Reporting, in all correspondence. VerDate Nov<24>2008 17:16 Jan 27, 2010 Jkt 220001 Dated: January 22, 2010. Al Matera, Director, Acquisition Policy Division. [FR Doc. 2010–1681 Filed 1–27–10; 8:45 am] BILLING CODE 6820–61–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of the Secretary Findings of Misconduct in Science Office of the Secretary, HHS. Notice. AGENCY: ACTION: SUMMARY: Notice is hereby given that on January 7, 2010, the Department of Health and Human Services (HHS) Debarring Official, on behalf of the Secretary of HHS, issued a final notice of debarment based on the misconduct in science findings of the Office of Research Integrity (ORI) in the following case: James Gary Linn, PhD, Tennessee State University: Based on the findings in an investigation report by Tennessee State University (TSU) and additional analysis conducted by ORI in its oversight review, ORI found that James Gary Linn, Ph.D., former Professor, School of Nursing, TSU, committed misconduct in science and research misconduct in research supported by National Institute of General Medical Sciences (NIGMS), National Institutes of Health (NIH), grant S06 GM008092, and National Center for Research Resources (NCRR), NIH, grant G12 RR03033. Specifically, ORI found: • The Respondent knowingly and intentionally falsified and/or fabricated the data and results of a study in which he purportedly tested the effects of an intervention to reduce sexual risk behaviors in high risk, impaired populations of homeless men with mental illness by reporting false values for variables in Tables 2–5 of Cellular and Molecular Biology 49(7):1167–1175, 2003. In that published article, he falsified the values in Tables 2–5 by altering the values that he had obtained from another author’s manuscript. • The Respondent provided a CD ROM disc to TSU’s Institutional Research Investigation Committee (RIC) that he claimed contained files supporting his analyses for the article in question but that contained fabricated and/or falsified data. • The Respondent submitted falsified summary data to the TSU RIC during the TSU investigation and to ORI. ORI issued a charge letter enumerating the above findings of misconduct in science and proposing PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 HHS administrative actions. Dr. Linn subsequently requested a hearing before an Administrative Law Judge (ALJ) of the Departmental Appeals Board to dispute these findings. However, on November 30, 2009, Dr. Linn withdrew his request for a hearing. On December 18, 2009, the ALJ of the Departmental Appeals Board accepted Dr. Linn’s withdrawal and dismissedhis request for a hearing. Thus, the scientific misconduct findings set forth above became effective, and the following administrative actions have been implemented for a period of three (3) years, beginning on January 7, 2010: (1) Dr. Linn has been debarred from any contracting or subcontracting with any agency of the United States Government and from eligibility or involvement in nonprocurement programs of the United States Government referred to as ‘‘covered transactions’’ pursuant to the Department of Health and Human Service’s Implementation (2 CFR Part 376 et seq.) of OMB Guidelines to Agencies on Governmentwide Debarment and Suspension, 2 CFR Part 180; and (2) Dr. Linn is prohibited 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 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. John Dahlberg, Director, Division of Investigative Oversight, Office of Research Integrity. [FR Doc. 2010–1706 Filed 1–27–10; 8:45 am] BILLING CODE 4160–17–P DEPARTMENT OF HEALTH AND HUMAN SERVICES Centers for Disease Control and Prevention [30 Day 10–0222] Agency Forms Undergoing Paperwork Reduction Act Review; Proposed Data Collections Submitted for Public Comment and Recommendations; Correction AGENCY: Centers for Disease Control and Prevention. ACTION: Notice; correction. SUMMARY: The Centers for Disease Control and Prevention published a document in the Federal Register of E:\FR\FM\28JAN1.SGM 28JAN1

Agencies

[Federal Register Volume 75, Number 18 (Thursday, January 28, 2010)]
[Notices]
[Page 4566]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1706]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary


Findings of Misconduct in Science

AGENCY: Office of the Secretary, HHS.

ACTION: Notice.

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SUMMARY: Notice is hereby given that on January 7, 2010, the Department 
of Health and Human Services (HHS) Debarring Official, on behalf of the 
Secretary of HHS, issued a final notice of debarment based on the 
misconduct in science findings of the Office of Research Integrity 
(ORI) in the following case:
    James Gary Linn, PhD, Tennessee State University: Based on the 
findings in an investigation report by Tennessee State University (TSU) 
and additional analysis conducted by ORI in its oversight review, ORI 
found that James Gary Linn, Ph.D., former Professor, School of Nursing, 
TSU, committed misconduct in science and research misconduct in 
research supported by National Institute of General Medical Sciences 
(NIGMS), National Institutes of Health (NIH), grant S06 GM008092, and 
National Center for Research Resources (NCRR), NIH, grant G12 RR03033.
    Specifically, ORI found:
     The Respondent knowingly and intentionally falsified and/
or fabricated the data and results of a study in which he purportedly 
tested the effects of an intervention to reduce sexual risk behaviors 
in high risk, impaired populations of homeless men with mental illness 
by reporting false values for variables in Tables 2-5 of Cellular and 
Molecular Biology 49(7):1167-1175, 2003. In that published article, he 
falsified the values in Tables 2-5 by altering the values that he had 
obtained from another author's manuscript.
     The Respondent provided a CD ROM disc to TSU's 
Institutional Research Investigation Committee (RIC) that he claimed 
contained files supporting his analyses for the article in question but 
that contained fabricated and/or falsified data.
     The Respondent submitted falsified summary data to the TSU 
RIC during the TSU investigation and to ORI.
    ORI issued a charge letter enumerating the above findings of 
misconduct in science and proposing HHS administrative actions. Dr. 
Linn subsequently requested a hearing before an Administrative Law 
Judge (ALJ) of the Departmental Appeals Board to dispute these 
findings. However, on November 30, 2009, Dr. Linn withdrew his request 
for a hearing. On December 18, 2009, the ALJ of the Departmental 
Appeals Board accepted Dr. Linn's withdrawal and dismissedhis request 
for a hearing. Thus, the scientific misconduct findings set forth above 
became effective, and the following administrative actions have been 
implemented for a period of three (3) years, beginning on January 7, 
2010:
    (1) Dr. Linn has been debarred from any contracting or 
subcontracting with any agency of the United States Government and from 
eligibility or involvement in nonprocurement programs of the United 
States Government referred to as ``covered transactions'' pursuant to 
the Department of Health and Human Service's Implementation (2 CFR Part 
376 et seq.) of OMB Guidelines to Agencies on Governmentwide Debarment 
and Suspension, 2 CFR Part 180; and
    (2) Dr. Linn is prohibited 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 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.

John Dahlberg,
Director, Division of Investigative Oversight, Office of Research 
Integrity.
[FR Doc. 2010-1706 Filed 1-27-10; 8:45 am]
BILLING CODE 4160-17-P
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