[Code of Federal Regulations]
[Title 42, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 42CFR50.102]

[Page 139]
 
                         TITLE 42--PUBLIC HEALTH
 
    CHAPTER I--PUBLIC HEALTH SERVICE, DEPARTMENT OF HEALTH AND HUMAN 
                                SERVICES
 
PART 50--POLICIES OF GENERAL APPLICABILITY--Table of Contents
 
Subpart A--Responsibility of PHS Awardee and Applicant Institutions for 
        Dealing With and Reporting Possible Misconduct in Science
 
Sec. 50.102  Definitions.

    As used in this subpart:
    Act means the Public Health Service Act, as amended, (42 U.S.C. 201 
et seq.).
    Inquiry means information gathering and initial factfinding to 
determine whether an allegation or apparent instance of misconduct 
warrants an investigation.
    Institution means the public or private entity or organization 
(including federal, state, and other agencies) that is applying for 
financial assistance from the PHS, e.g., grant or cooperative 
agreements, including continuation awards, whether competing or 
noncompeting. The organization assumes legal and financial 
accountability for the awarded funds and for the performance of the 
supported activities.
    Investigation means the formal examination and evaluation of all 
relevant facts to determine if misconduct has occurred.
    Misconduct or Misconduct in Science means fabrication, 
falsification, plagiarism, or other practices that seriously deviate 
from those that are commonly accepted within the scientific community 
for proposing, conducting, or reporting research. It does not include 
honest error or honest differences in interpretations or judgments of 
data.
    OSI means the Office of Scientific Integrity, a component of the 
Office of the Director of the National Institutes for Health (NIH), 
which oversees the implementation of all PHS policies and procedures 
related to scientific misconduct; monitors the individual investigations 
into alleged or suspected scientific misconduct conducted by 
institutions that receive PHS funds for biomedical or behavioral 
research projects or programs; and conducts investigations as necessary.
    OSIR means the Office of Scientific Integrity Review, a component of 
the Office of the Assistant Secretary for Health, which is responsible 
for establishing overall PHS policies and procedures for dealing with 
misconduct in science, overseeing the activities of PHS research 
agencies to ensure that these policies and procedures are implemented, 
and reviewing all final reports of investigations to assure that any 
findings and recommendations are sufficiently documented. The OSIR also 
makes final recommendations to the Assistant Secretary for Health on 
whether any sanctions should be imposed and, if so, what they should be 
in any case where scientific misconduct has been established.
    PHS means the Public Health Service, an operating division of the 
Department of Health and Human Services (HHS). References to PHS include 
organizational units within the PHS that have delegated authority to 
award financial assistance to support scientific activities, e.g., 
Bureaus, Institutes, Divisions, Centers or Offices.
    Secretary means the Secretary of Health and Human Services and any 
other officer or employee of the Department of Health and Human Services 
to whom the authority involved may be delegated.