HR7173-119

What This Bill Does

The Follow the Science Act is aimed at insulating NIH and ARPA-H research funding decisions from political appointee control. It defines political employee to include Executive Schedule officials, noncareer Senior Executive Service officials, Schedule C and Schedule G appointees, and other excepted policy positions. Except for the NIH Director, National Cancer Institute Director, ARPA-H Director, and narrow cases where another agency's employee must participate under the Public Health Service Act, political employees may not be employed by NIH or participate in implementation of general policies governing NIH program or activity management and operation. Political employees may not participate in solicitation, review, scoring, selection, or award of NIH or ARPA-H grants, contracts, cooperative agreements, other transactions, or other funding arrangements. The NIH Director must report to Congress within 30 days on political employee participation in those activities from January 20, 2021 to enactment. NIH also may not cancel, delay, or suspend covered research agreements, including through the Payment Management System, unless written findings show financial mismanagement, research fraud, debarment, or malfeasance and Congress receives notice within 30 days.

Who Benefits and How

Biomedical researchers, NIH grant recipients, ARPA-H award recipients, research universities, hospitals, and disease-focused research communities benefit from stronger protection against political interference in peer review, scoring, selection, award, and payment continuity. NIH career scientists and program officers benefit from clearer control over scientific program management. Congressional health committees benefit from a report on past political participation and notices when NIH cancels, delays, or suspends covered agreements.

Who Bears the Burden and How

Political appointees lose access to NIH employment and decision roles in NIH and ARPA-H awards, except for named leadership positions and narrow statutory participation. NIH leadership, HHS officials, and ARPA-H administrators must police participation rules, prepare a 30-day report, document written findings before stopping covered agreements, notify Congress, and ensure grants and contracts run for their full terms when misconduct findings are absent. Federal oversight staff may face disputes about what counts as malfeasance, fraud, or required political participation.

Key Provisions

• Defines political employees covered by the NIH and ARPA-H restrictions.
• Bars most political employees from NIH employment or NIH program-management participation.
• Prohibits political employee participation in NIH and ARPA-H solicitation, review, scoring, selection, and award activities.
• Requires an NIH Director report to Congress on political employee participation since January 20, 2021.
• Bars NIH from canceling, delaying, or suspending covered research agreements absent written findings of mismanagement, fraud, debarment, or malfeasance.
• Requires congressional notice within 30 days when NIH stops or delays a covered agreement.