Follow the Science Act

(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).

(1) by redesignating subsections (g) and (h) as subsections (h) and (i), respectively; and

(2) by inserting after subsection (f) the following:

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.

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.

Nothing in this subsection shall be construed to affect the requirements of section 406 or 492.

Section 402 of the Public Health Service Act (42 U.S.C. 282) is amended by adding at the end the following:

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.

Nothing in this subsection shall be construed to affect the requirements of section 406 or section 492.

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.

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.

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.

In this subsection, the term covered agreement means any grant, contract, cooperative agreement, or other transaction.