[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4638 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4638

To preserve and promote integrity in scientific decision making at the 
                Department of Health and Human Services.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 22, 2020

Mr. Schumer (for himself, Mrs. Murray, Mr. Van Hollen, Ms. Baldwin, Mr. 
 Schatz, Mr. Blumenthal, Mrs. Feinstein, Mr. Casey, Mr. Merkley, Mrs. 
Gillibrand, Mrs. Shaheen, Mr. Reed, Mr. Murphy, Mr. Brown, Mr. Peters, 
   Mr. Markey, Ms. Warren, Mr. Menendez, Mr. Durbin, Ms. Smith, Ms. 
Duckworth, Mr. Kaine, Ms. Rosen, Ms. Hirono, Mr. Leahy, Mr. Cardin, Mr. 
    Whitehouse, Ms. Cortez Masto, Ms. Klobuchar, Ms. Stabenow, Mr. 
  Heinrich, Mr. Wyden, Ms. Cantwell, and Mr. Sanders) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
To preserve and promote integrity in scientific decision making at the 
                Department of Health and Human Services.

    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 ``Science and Transparency Over 
Politics Act''.

SEC. 2. INVESTIGATION OF POLITICAL INTERFERENCE WITH DECISIONS OF 
              SCIENTIFIC AGENCIES OF HHS.

    (a) Appointment of the Task Force.--
            (1) In general.--The Pandemic Response Accountability 
        Committee established under section 15010 of the Coronavirus 
        Aid, Relief, and Economic Security Act (Public Law 116-136), 
        shall appoint, not later than 1 month after the date of 
        enactment of this Act, the Task Force of the Pandemic Response 
        Accountability Committee (referred to in this section as the 
        ``Task Force''), which shall consist of 5 members of the 
        Pandemic Response Accountability Committee.
            (2) Qualifications.--The members of the Task Force shall 
        have expertise in conducting independent audits, evaluations, 
        and investigations.
    (b) Investigations and Reports.--The Task Force shall--
            (1) conduct an investigation of political interference with 
        decisions made by scientific agencies of the Department of 
        Health and Human Services during the time period described in 
        subsection (f); and
            (2) not later than January 31, 2021, and every 6 months 
        thereafter, until the date that is 6 months after the end of 
        the time period described in subsection (f), submit a report of 
        the findings of such investigation to the Committees on Health, 
        Education, Labor, and Pensions and Homeland Security and 
        Governmental Affairs of the Senate and the Committees on Energy 
        and Commerce and Oversight and Reform of the House of 
        Representatives.
    (c) Considerations.--In conducting the investigation under 
subsection (b), the Task Force shall consider--
            (1) emails and other records of communications, including--
                    (A) communications between the White House, the 
                Department of Health and Human Services, and scientific 
                agencies of the Department of Health and Human 
                Services; and
                    (B) communications between political appointees, 
                career staff, and contractors within scientific 
                agencies of the Department of Health and Human 
                Services;
            (2) initial, subsequent, and final drafts of scientific 
        publications or communications, in order to assess changes made 
        by scientific agencies of the Department of Health and Human 
        Services as a result of political interference; and
            (3) other information, as the Task Force determines 
        appropriate.
    (d) Obstruction of Investigation.--The Task Force shall notify, in 
writing, the Committees on Health, Education, Labor, and Pensions and 
Homeland Security and Governmental Affairs of the Senate; the 
Committees on Energy and Commerce and Oversight and Reform of the House 
of Representatives; and the Pandemic Response Accountability Committee 
of any obstruction, prevention, or delay of information or 
communication requested pursuant to the investigation under subsection 
(b), not later than 30 days after the Task Force first requested the 
information or communication. The notification shall include--
            (1) a description of the information or communication 
        sought;
            (2) the date on which such information or communication was 
        first requested;
            (3) the date of any subsequent effort to obtain the 
        information or communication; and
            (4) a summary of any response from the person from which 
        the information or communication was requested, including any 
        explanation by that person of why the requested information or 
        communication is not being provided.
    (e) Definition.--For purposes of this section, the term ``political 
interference with decisions made by scientific agencies of the Health 
and Human Services'' includes any significant action by the executive 
branch of the Federal Government to--
            (1) pressure the Food and Drug Administration to reach a 
        certain outcome related to a drug, device, or biological 
        product for the diagnosis, cure, mitigation, treatment, or 
        prevention of COVID-19;
            (2) pressure such agency to make a decision related to a 
        drug, device, or biological product for the diagnosis, cure, 
        mitigation, treatment, or prevention of COVID-19 within a 
        certain timeframe;
            (3) prevent such agency from taking an action related to a 
        drug, device, or biological product for the diagnosis, cure, 
        mitigation, treatment, or prevention of COVID-19, or from 
        taking such action within a particular timeframe;
            (4) make a decision for the Food and Drug Administration 
        related to a drug, device, or biological product for the 
        diagnosis, cure, mitigation, treatment, or prevention of COVID-
        19 that the Food and Drug Administration would make itself in 
        the ordinary course;
            (5) pressure the Centers for Disease Control and Prevention 
        or any other scientific agency of the Department of Health and 
        Human Services to release, withhold, or modify public health 
        guidance, data, information, or publications related to COVID-
        19 in a manner that is inconsistent with the conclusion reached 
        by the relevant senior career scientists;
            (6) provide a grant, cooperative agreement, award, or other 
        Federal support through a scientific agency of the Department 
        of Health and Human Services for an entity or endeavor related 
        to COVID-19 for reasons other than strengthening the Nation's 
        COVID-19 response, including with respect to reducing morbidity 
        and mortality related to COVID-19; or
            (7) otherwise influence decisions by scientific agencies of 
        the Department of Health and Human Services in a manner that is 
        inconsistent with strengthening the Nation's COVID-19 response, 
        including with respect to reducing morbidity and mortality 
        related to COVID-19.
    (f) Time Period.--The time period described in this subsection is 
the period beginning on the effective date of the public health 
emergency declared by the Secretary of Health and Human Services under 
section 319 of the Public Health Service Act (42 U.S.C. 247d) on 
January 31, 2020, with respect to COVID-19, and ending on the last day 
of such public health emergency.
    (g) Clarification.--Nothing in this section shall prevent the Task 
Force from releasing any information before January 31, 2021, or before 
a full report is complete, if the Task Force determines that the 
release of such information is in the public interest.
    (h) Funding.--To carry out this section, there are authorized to be 
appropriated $25,000,000 for the period of fiscal years 2021 and 2022.
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