Office of the Secretary November 24, 2006 – Federal Register Recent Federal Regulation Documents

Findings of Research Misconduct
Document Number: E6-19889
Type: Notice
Date: 2006-11-24
Agency: Office of the Secretary, Department of Health and Human Services
Notice is hereby given that the Office of Research Integrity (ORI) and the Assistant Secretary for Health have taken final action in the following case: James C. Lin, Ph.D., University of Illinois at Chicago: Based on the findings from an inquiry by the University of Illinois at Chicago (UIC) and on additional analysis conducted by ORI during its oversight review, the U.S. Public Health Service (PHS) found that James C. Lin, Ph.D., Professor, Department of Electrical and Computer Engineering, Physiology, and Biophysics, UIC, engaged in research misconduct concerning National Institute of Neurological Disorders and Stroke (NINDS), National Institutes of Health (NIH), grant application 1 R01 NS47238-01, ``Blood-Brain Barrier Interactions of Cellular-Phone Radi.'' Specifically, PHS found that Dr. Lin committed research misconduct relative to the legend and related text for Figure 2 (data from a colleague on other experiments) for his NIH application 1 R01 NS47238- 01, by falsely claiming the figure represented preliminary results of his independent experiments that differed from the source of the figure and the prior research in the field, in which he purported to have selectively exposed the rat's head to microwave irradiation, to have utilized higher peak exposure, of shorter duration and of different radio frequencies, and which reported injury of more acute nature to the blood barrier. Dr. Lin denies all allegations of research misconduct and contends that some of his original data is missing as a result of the involuntary relocation of his laboratory. Dr. Lin makes no admission of guilt in connection with the charges or PHS' findings of research misconduct herein. Both Dr. Lin and PHS are desirous of concluding this matter without further expense of time and other resources. Dr. Lin has entered into a Voluntary Exclusion Agreement in which he has voluntarily agreed, for a period of three (3) years, beginning on October 24, 2006: (1) That any institution which submits an application for PHS support for a research project on which Dr. Lin's participation is proposed or which uses him in any capacity on PHS supported research, or that submits a report of PHS-funded research in which Dr. Lin is involved, must concurrently submit a plan for supervision of Dr. Lin's duties to the funding agency for approval. The supervisory plan must be designed to ensure the scientific integrity of his research contribution. Dr. Lin agrees to ensure that a copy of the supervisory plan also is submitted to ORI by the institution. He also agrees that he will not participate in any PHS-supported research until such a supervision plan is submitted to ORI; (2) that any institution employing Dr. Lin submit in conjunction with each application for PHS funds or reports, manuscripts, or abstracts of PHS-funded research in which Dr. Lin is involved a certification that the data provided by Dr. Lin are based on actual experiments or are otherwise legitimately derived and that the data, procedures, and methodology are accurately reported in the application or report. Dr. Lin must ensure that the institution also sends a copy of the certification to ORI; and (3) to exclude himself 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 a consultant.
Findings of Misconduct in Science
Document Number: E6-19888
Type: Notice
Date: 2006-11-24
Agency: Office of the Secretary, Department of Health and Human Services
Notice is hereby given that the Office of Research Integrity (ORI) and the Assistant Secretary for Health have taken final action in the following case: Clifford R. Robinson, Ph.D., University of Delaware: Based on the reports of investigations conducted by 3-Dimensional Pharmaceuticals, Inc. (3DP) and the University of Delaware (UD) and additional analysis conducted by ORI during its oversight review, the U.S. Public Health Service (PHS) found that Clifford R. Robinson, Ph.D., Assistant Professor, Department of Chemistry and Biochemistry, UD, engaged in misconduct in science involving research supported by National Institute of General Medical Sciences (NIGMS), National Institutes of Health (NIH), grants 1 R43 GM58950-01 and 2 R44 GM58950-02, ``Four- helix bundle analog of a G-protein coupled receptor (C. Robinson, Principal Investigator [P.I.]). The following grant applications also were involved in Dr. Robinson's misconduct in science: 1 R43 GM62708-01, ``Improved method for protein refolding'' (C.R. Robinson, P.I.), submitted March 30, 2000; approved but not funded, withdrawn. 1 P20 RR017716-01, ``Design of hierarchical recognition motifs,'' Project V, ``Determinants of stability and assembly of integral membrane proteins'' (C.R. Robinson, Project Investigator), submitted March 1, 2002, funded September 16, 2002, to August 30, 2007. 1 R01 GM074789-01, ``Folding and stability of integral membrane proteins'' (C.R. Robinson, P.I.), submitted October 1, 2004; scored not competitive, not funded. 1 R01 GM075891-01, ``Membrane protein expression, solubilization, and refolding'' (C.R. Robinson, P.I.), submitted January 24, 2005; approved but not funded, pending. 1 R21 GM07953-01, ``Mini-receptor analogs of GPCRs'' (C.R. Robinson, P.I.), submitted January 25, 2005; not funded. Specifically, PHS found that Dr. Robinson engaged in the following acts of misconduct in science. With regard to the following paragraphs numbered 1-6, nothing herein shall be deemed as an admission of liability on the part of Dr. Robinson. 1. While at 3DP, Dr. Robinson systematically substituted crystallized chicken ovalbumin in place of [beta]2-AR-NQ and repeatedly provided these crystalline preparations to other scientists to conduct molecular analyses. Dr. Robinson made false claims about his progress on characterizing [beta]2-AR-NQ and falsely claimed to have supplied purified [beta]2-AR-NQ to 3DP staff in project team meetings (PTM) held on at least five occasions between July 14, 1998, and July 7, 1999. 2. Dr. Robinson made multiple false claims about his research on [beta]2-AR-NQ in NIH grant applications R44 GM58950-02, submitted April 1, 1999, supplemental material for the same application submitted on July 7, 1999, and NIH grant application R43 GM62708-01, submitted March 30, 2000. 3. Dr. Robinson made similar claims as in item 1 above concerning the wild type form of [beta]2-AR, by substituting canine ovalbumin. Dr. Robinson's false claims were made to 3DP staff at PTM meetings on at least three occasions between September 7, 1999, and March 30, 2000, and in NIH grant application R43 GM62708-01, and after moving to UD, in NIH grant application 1 P20 RR017716-01, submitted on March 1, 2002. 4. Dr. Robinson was unable to adequately produce recombinant [beta]2-AR in E. coli and made false claims at PTM meetings in September and October 1999 that he had successfully expressed active protein and had purified it for crystallization trials. Dr. Robinson also made false claims in NIH grant applications R43 GM62708-01 and 1 R01 GM07589-01, submitted January 24, 2005, that he had purified large amounts of [beta]2-AR-NQ from E. coli and that he had reconstituted the protein into its native biologically active form. 5. Dr. Robinson made false claims about his ability to produce, purify, and characterize a recombinant fragment of [beta]2- AR-NQ containing four transmembrane domains ([beta]2-AR-4HB) at PTM meetings in October 1998 and in NIH grant applications R44 GM58950-02 and 1 P20 RR017716-01. 6. Dr. Robinson falsified fluorescence spectra and circular dichroism measurements in Figure 7 (both left and right panels) of NIH grant application R44 GM58950-02 by substituting results obtained with different proteins. 7. After moving to UD, Dr. Robinson made false claims in NIH grant application 1 P20 RR017716-01, including presenting falsified data in both panels of Figures V.5 (fluorescence spectra and circular dichroism measurements) and V.9 (falsified experimental conditions). 8. While at UD, Dr. Robinson falsified circular dichroism and fluorescence data in NIH grant application 1 R01 GM074789-01 (Figures 5A, 5B, and 6) and circular dichroism data in NIH grant applications 1 R01 GM075891-01 (Figure 6) and 1 R21 GM075953-01 (Figure 5). 9. In presentations at the Biophysical Society annual meeting and a Cornell University Consortium meeting, both in 1999, Dr. Robinson falsely represented data obtained with cytochrome b562 as being obtained with [beta]2-AR. Dr. Robinson has entered into a Voluntary Exclusion Agreement in which he has voluntarily agreed, for a period of five (5) years, beginning on October 23, 2006: (1) To exclude himself from any contracting or subcontracting with any agency of the United States Government and from eligibility for or involvement in nonprocurement programs of the United States Government as defined in the debarment regulations at 45 CFR Part 76; and (2) to exclude himself 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 a consultant.
Defense Health Board (DHB) Meeting
Document Number: 06-9373
Type: Notice
Date: 2006-11-24
Agency: Office of the Secretary, Department of Defense
In accordance with section 10(a)(2) of Public Law 92-463, The Federal Advisory Committee Act, announcement is made of the following meeting: Name of Committee: Defense Health Board (DHB). Dates: December 5, 2006 (Open meeting). December 6, 2006 (Open meeting). Times: 8 a.m.-4 p.m. (December 5, 2006). 8 a.m.-4 p.m. (December 6, 2006). Location: Naval Amphibious Base Conference Center, Little Creek, 1120 A Street, Building 3430, Norfolk, Virginia 23521-3297. Agenda: The purpose of the meeting is to address pending and new Board issues and provide briefings for Board members on topics related to ongoing and new Board business. The Board will conduct an executive working session to address administrative matters related internal Board operations.
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