Follow the Science Act

#7173 | HR Congress #119

Policy Area: Health
Subjects:

Last Action: Referred to the House Committee on Energy and Commerce. (1/21/2026)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "Follow the Science Act" aims to enhance scientific integrity within the National Institutes of Health (NIH) by restricting the involvement of political appointees in NIH operations and funding decisions. Key provisions include:

1. **Definition of Political Employees**: The Act defines political employees broadly, including those in various high-level positions within the executive branch, thereby delineating who is restricted from participating in NIH activities.

2. **Prohibition on Participation**: Most political appointees are barred from employment at the NIH and from influencing NIH policy, with exceptions only for specified directors and certain required participations.

3. **Restrictions on Funding Activities**: Political employees are prohibited from being involved in the solicitation, review, or awarding of NIH grants and contracts, ensuring that funding decisions are made based on scientific merit rather than political considerations.

4. **Project Cancellation Protocol**: The Act sets stringent requirements for canceling or suspending NIH agreements, mandating written findings of misconduct and timely notification to Congress, thereby protecting funded projects from arbitrary political decisions.

Overall, the legislation seeks to safeguard the integrity of public health research and funding from political interference.

Possible Impacts

Here are three examples of how the "Follow the Science Act," as described in the legislation, could affect people:

1. **Research Funding Stability**: By prohibiting political appointees from participating in the solicitation, review, or awarding of NIH grants and contracts, the Act aims to ensure that funding decisions are based on scientific merit rather than political influence. This could lead to a more stable and predictable funding environment for researchers and institutions, allowing them to focus on scientific inquiry and innovation without fear of funding being affected by political agendas.

2. **Enhanced Credibility of NIH Activities**: The Act reinforces the principle of scientific integrity within the National Institutes of Health by limiting the involvement of political employees in its operations. This could enhance public trust in the NIH and its findings, ultimately benefiting public health initiatives. Individuals and communities might feel more confident in the health guidelines and research outcomes produced by the NIH, knowing they are based on scientific evidence rather than political motivations.

3. **Impact on Public Health Initiatives**: The prohibition on political appointees' involvement in NIH activities may lead to more scientifically sound public health policies. This could result in better health outcomes for the population, as programs and initiatives would rely on rigorous scientific research. However, there could also be potential delays in the implementation of urgent health responses if political oversight is removed entirely, as some may argue that political leadership is necessary to respond effectively to public health crises.

[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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