H.R. 7173

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7173 Introduced in House (IH)]

<DOC>

119th CONGRESS
2d Session
H. R. 7173

To amend the Public Health Service Act to ensure scientific integrity 
in the activities of the National Institutes of Health and prevent the 
diversion of funds to politically driven activities, and for other 
purposes.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

January 21, 2026

Ms. DeGette (for herself, Ms. Norton, Ms. McClellan, Mrs. Dingell, Mr. 
Davis of Illinois, Mr. Carter of Louisiana, Mr. Johnson of Georgia, Ms. 
Tlaib, Ms. Johnson of Texas, Ms. Ocasio-Cortez, Mr. Mullin, Mr. Amo, 
Ms. Castor of Florida, Mr. Carson, Ms. Kelly of Illinois, Mrs. Watson 
Coleman, Ms. Velazquez, Mr. Landsman, Mrs. McClain Delaney, Ms. 
Morrison, Ms. Lee of Pennsylvania, Ms. Elfreth, Mr. Harder of 
California, Mr. Cohen, Ms. McCollum, Ms. DelBene, Ms. Matsui, Mr. 
Thanedar, Ms. Dexter, Mrs. Trahan, Ms. Schrier, Ms. Clarke of New York, 
Mr. Casten, Ms. Pettersen, and Ms. Simon) introduced the following 
bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

A BILL

To amend the Public Health Service Act to ensure scientific integrity 
in the activities of the National Institutes of Health and prevent the 
diversion of funds to politically driven activities, and for other 
purposes.

Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Follow the Science Act''.

SEC. 2. POLITICAL APPOINTEE DEFINED.

Section 2 of the Public Health Service Act (42 U.S.C. 201 et seq.) 
is amended by adding at the end the following:
``(r) The term `political employee'--
``(1) means any individual occupying--
``(A) a position described under sections 5312 
through 5316 of title 5, United States Code (relating 
to the Executive Schedule);
``(B) a position under a noncareer appointment (as 
that term is defined under section 3132(a) of such 
title) in the Senior Executive Service;
``(C) a position in the executive branch of the 
Government of a confidential or policy-determining 
character under schedule C of subpart C of part 213 of 
title 5, Code of Federal Regulations;
``(D) a position in schedule G of the excepted 
service (established by Executive Order 14317 titled 
`Creating Schedule G in the Excepted Service'); or
``(E) any other position that has been excepted 
from the competitive service by reason of the 
confidential, policy-determining, policy-making, or 
policy-advocating character of the position; and
``(2) includes any individual acting on behalf of an 
individual described in paragraph (1).''.

SEC. 3. PROHIBITION ON PARTICIPATION BY POLITICAL APPOINTEES IN NIH 
ACTIVITIES.

Section 401 of the Public Health Service Act (42 U.S.C. 281) is 
amended--
(1) by redesignating subsections (g) and (h) as subsections 
(h) and (i), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Prohibition on Participation by Political Appointees in NIH 
Activities.--
``(1) In general.--Except for the Director of NIH, the 
Director of the National Cancer Institute, and the Director of 
the Advanced Research Projects Agency for Health, no political 
employee may--
``(A) be employed by the National Institutes of 
Health; or
``(B) participate in the implementation of general 
policies respecting the management and operation of 
programs and activities within the National Institutes 
of Health.
``(2) Exception.--Paragraph (1)(B) shall not apply to the 
participation of a political employee in an activity carried 
out by the National Institutes of Health if--
``(A) the political employee is employed by a 
Federal department or agency other than the National 
Institutes of Health; and
``(B) the participation is specifically required 
under this title.
``(3) Rule of construction.--Nothing in this subsection 
shall be construed to affect the requirements of section 406 or 
492.''.

SEC. 4. PROHIBITION ON PARTICIPATION BY POLITICAL EMPLOYEES IN NIH 
GRANTS, CONTRACTS, COOPERATIVE AGREEMENTS, OTHER 
TRANSACTIONS, AND OTHER FUNDING ARRANGEMENTS.

(a) In General.--Section 402 of the Public Health Service Act (42 
U.S.C. 282) is amended by adding at the end the following:
``(p) Prohibition on Participation by Political Employees in NIH 
Grants, Contracts, Cooperative Agreements, Other Transactions, and 
Other Funding Arrangements.--
``(1) In general.--The Secretary, acting through the 
Director of NIH, shall ensure that no political employee 
participates in the solicitation, review, scoring, selection, 
or awarding of grants, contracts, cooperative agreements, other 
transactions, or other funding arrangements made by the 
National Institutes of Health or the Advanced Research Projects 
Agency for Health.
``(2) Rule of construction.--Nothing in this subsection 
shall be construed to affect the requirements of section 406 or 
section 492.''.
(b) Report to Congress.--Not later than 30 days after the date of 
enactment of this Act, the Director of the National Institutes of 
Health shall submit to Congress a report containing an accounting of 
the participation of political employees in the activities described in 
section 402(p)(1) of the Public Health Service Act (as added by 
subsection (a) of this section) during the period beginning on January 
20, 2021, and ending on the date of enactment of this Act.

SEC. 5. IMPLEMENTATION OF NIH GRANTS, CONTRACTS, COOPERATIVE 
AGREEMENTS, AND OTHER TRANSACTIONS.

Section 402 of the Public Health Service Act (42 U.S.C. 282) is 
amended by adding at the end the following:
``(p) Prohibition on Certain Project Cancellations.--
``(1) In general.--Notwithstanding any other provision of 
law, including section 200.340(a)(4) of title 2, Code of 
Federal Regulations (or any successor regulation), the 
Secretary, acting through the Director of NIH, shall not 
cancel, delay, or suspend any covered agreement, including 
through use of the Payment Management System (or any successor 
system), unless the Secretary, acting through the Director--
``(A) issues written findings of financial 
mismanagement, research fraud, debarment, or 
malfeasance with respect to the covered agreement; and
``(B) not later than 30 days after the date of the 
cancellation or suspension, submits to the Committee on 
Energy and Commerce of the House of Representatives and 
the Committee on Health, Education, Labor, and Pensions 
of the Senate notice of the cancellation or suspension, 
including a copy of such written findings.
``(2) Terms and conditions.--The implementation of a 
covered agreement under subsection (a) shall be--
``(A) in accordance with the terms and conditions 
of the covered agreement; and
``(B) for the full period specified in the covered 
agreement.
``(3) Covered agreement defined.--In this subsection, the 
term `covered agreement' means any grant, contract, cooperative 
agreement, or other transaction.''.
<all>