H.R. 7173 — Follow the Science Act

This section defines the term “political employee” in the Public Health Service Act as (1) any individual occupying (A) an Executive Schedule position under 5 U.S.C. §§5312–5316, (B) a noncareer Senior Executive Service position, (C) a confidential or policy-determining Schedule C position, (D) a Schedule G excepted service position established by E.O. 14317, or (E) any other position excepted from the competitive service due to its confidential, policy-determining, policy-making, or policy-advocating character; and (2) any individual acting on behalf of such a person.

This section prohibits political employees—except the Directors of the National Institutes of Health (NIH), National Cancer Institute, and Advanced Research Projects Agency for Health—from being employed by NIH or participating in the implementation of general policies respecting the management and operation of NIH programs and activities. The participation prohibition does not apply to political employees of other federal agencies if specifically required under the Public Health Service Act, and the provision does not affect requirements under sections 406 or 492 of such Act.

This section prohibits political employees from participating in the solicitation, review, scoring, selection, or awarding of grants, contracts, cooperative agreements, other transactions, or other funding arrangements by the National Institutes of Health (NIH) or the Advanced Research Projects Agency for Health (ARPA-H), without affecting existing conflict-of-interest requirements under sections 406 and 492 of the Public Health Service Act. The section also requires the NIH Director to submit to Congress, not later than 30 days after enactment, a report accounting for such participation from January 20, 2021, through the date of enactment.

This section prohibits the Secretary, acting through the Director of the National Institutes of Health (NIH), from canceling, delaying, or suspending any NIH grant, contract, cooperative agreement, or other transaction (covered agreement)—notwithstanding 2 CFR 200.340(a)(4) (or successor regulation)—unless written findings are issued documenting financial mismanagement, research fraud, debarment, or malfeasance with respect to the agreement, and notice of the action, including the findings, is submitted within 30 days to the House Energy and Commerce Committee and Senate Health, Education, Labor, and Pensions Committee. It requires implementation of covered agreements in accordance with their terms and conditions for the full specified period.