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