II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Science and Trans5 parency Over Politics Act’’. 


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1 SEC. 2. INVESTIGATION OF POLITICAL INTERFERENCE 

2 WITH DECISIONS OF SCIENTIFIC AGENCIES 

3 OF HHS. 

4 (a) APPOINTMENT OF THE TASK FORCE.— 

5 (1) IN GENERAL.—The Pandemic Response Ac6 countability Committee established under section 

7 15010 of the Coronavirus Aid, Relief, and Economic 

8 Security Act (Public Law 116–136), shall appoint, 

9 not later than 1 month after the date of enactment 

10 of this Act, the Task Force of the Pandemic Re11 sponse Accountability Committee (referred to in this 

12 section as the ‘‘Task Force’’), which shall consist of 

13 5 members of the Pandemic Response Accountability 

14 Committee. 

15 (2) QUALIFICATIONS.—The members of the 

16 Task Force shall have expertise in conducting inde17 pendent audits, evaluations, and investigations. 

18 (b) INVESTIGATIONS AND REPORTS.—The Task 

19 Force shall— 

20 (1) conduct an investigation of political inter21 ference with decisions made by scientific agencies of 

22 the Department of Health and Human Services dur23 ing the time period described in subsection (f); and 

24 (2) not later than January 31, 2021, and every 

25 6 months thereafter, until the date that is 6 months 

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1 section (f), submit a report of the findings of such 

2 investigation to the Committees on Health, Edu3 cation, Labor, and Pensions and Homeland Security 

4 and Governmental Affairs of the Senate and the 

5 Committees on Energy and Commerce and Over6 sight and Reform of the House of Representatives. 

7 (c) CONSIDERATIONS.—In conducting the investiga8 tion under subsection (b), the Task Force shall consider— 

9 (1) emails and other records of communica10 tions, including— 

11 (A) communications between the White 

12 House, the Department of Health and Human 

13 Services, and scientific agencies of the Depart14 ment of Health and Human Services; and 

15 (B) communications between political ap16 pointees, career staff, and contractors within 

17 scientific agencies of the Department of Health 

18 and Human Services; 

19 (2) initial, subsequent, and final drafts of sci20 entific publications or communications, in order to 

21 assess changes made by scientific agencies of the 

22 Department of Health and Human Services as a re23 sult of political interference; and 

24 (3) other information, as the Task Force deter25 mines appropriate. 


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1 (d) OBSTRUCTION OF INVESTIGATION.—The Task 

2 Force shall notify, in writing, the Committees on Health, 

3 Education, Labor, and Pensions and Homeland Security 

4 and Governmental Affairs of the Senate; the Committees 

5 on Energy and Commerce and Oversight and Reform of 

6 the House of Representatives; and the Pandemic Response 

7 Accountability Committee of any obstruction, prevention, 

8 or delay of information or communication requested pur9 suant to the investigation under subsection (b), not later 

10 than 30 days after the Task Force first requested the in11 formation or communication. The notification shall in12 clude— 

13 (1) a description of the information or commu14 nication sought; 

15 (2) the date on which such information or com16 munication was first requested; 

17 (3) the date of any subsequent effort to obtain 

18 the information or communication; and 

19 (4) a summary of any response from the person 

20 from which the information or communication was 

21 requested, including any explanation by that person 

22 of why the requested information or communication 

23 is not being provided. 

24 (e) DEFINITION.—For purposes of this section, the 

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1 entific agencies of the Health and Human Services’’ in2 cludes any significant action by the executive branch of 

3 the Federal Government to— 

4 (1) pressure the Food and Drug Administration 

5 to reach a certain outcome related to a drug, device, 

6 or biological product for the diagnosis, cure, mitiga7 tion, treatment, or prevention of COVID–19; 

8 (2) pressure such agency to make a decision re9 lated to a drug, device, or biological product for the 

10 diagnosis, cure, mitigation, treatment, or prevention 

11 of COVID–19 within a certain timeframe; 

12 (3) prevent such agency from taking an action 

13 related to a drug, device, or biological product for 

14 the diagnosis, cure, mitigation, treatment, or preven15 tion of COVID–19, or from taking such action with16 in a particular timeframe; 

17 (4) make a decision for the Food and Drug Ad18 ministration related to a drug, device, or biological 

19 product for the diagnosis, cure, mitigation, treat20 ment, or prevention of COVID–19 that the Food 

21 and Drug Administration would make itself in the 

22 ordinary course; 

23 (5) pressure the Centers for Disease Control 

24 and Prevention or any other scientific agency of the 

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1 lease, withhold, or modify public health guidance, 

2 data, information, or publications related to 

3 COVID–19 in a manner that is inconsistent with the 

4 conclusion reached by the relevant senior career sci5 entists; 

6 (6) provide a grant, cooperative agreement, 

7 award, or other Federal support through a scientific 

8 agency of the Department of Health and Human 

9 Services for an entity or endeavor related to 

10 COVID–19 for reasons other than strengthening the 

11 Nation’s COVID–19 response, including with respect 

12 to reducing morbidity and mortality related to 

13 COVID–19; or 

14 (7) otherwise influence decisions by scientific 

15 agencies of the Department of Health and Human 

16 Services in a manner that is inconsistent with 

17 strengthening the Nation’s COVID–19 response, in18 cluding with respect to reducing morbidity and mor19 tality related to COVID–19. 

20 (f) TIME PERIOD.—The time period described in this 

21 subsection is the period beginning on the effective date 

22 of the public health emergency declared by the Secretary 

23 of Health and Human Services under section 319 of the 

24 Public Health Service Act (42 U.S.C. 247d) on January 


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1 31, 2020, with respect to COVID–19, and ending on the 

2 last day of such public health emergency. 

3 (g) CLARIFICATION.—Nothing in this section shall 

4 prevent the Task Force from releasing any information 

5 before January 31, 2021, or before a full report is com6 plete, if the Task Force determines that the release of 

7 such information is in the public interest. 

8 (h) FUNDING.—To carry out this section, there are 

9 authorized to be appropriated $25,000,000 for the period 

10 of fiscal years 2021 and 2022. 

Æ 


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