[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8703 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8703

To amend the Public Health Service Act to ensure the primary recipient 
of a grant has access to all information related to the research funded 
                 by such grant, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 12, 2024

Mr. Carter of Georgia introduced the following bill; which was referred 
                to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act to ensure the primary recipient 
of a grant has access to all information related to the research funded 
                 by such grant, and for other purposes.

    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 ``Foreign Research Transparency Act of 
2024''.

SEC. 2. ENSURING ACCESS OF PRIMARY RECIPIENT TO INFORMATION RELATED TO 
              RESEARCH.

    Part H of title IV of the Public Health Service Act (42 U.S.C. 289 
et seq.) is amended by inserting after section 493A (42 U.S.C. 289b-1) 
the following:

``SEC. 493B. ENSURING ACCESS OF PRIMARY RECIPIENT TO INFORMATION 
              RELATED TO RESEARCH.

    ``(a) In General.--The Secretary shall require, by regulation, 
that, as a condition of the receipt of a covered grant, a primary 
recipient shall ensure that each agreement entered into by such primary 
recipient with a foreign secondary recipient provides for such primary 
recipient to have access to all supporting information related to the 
research carried out by the foreign secondary recipient, including 
access to--
            ``(1) raw data;
            ``(2) databases;
            ``(3) notes;
            ``(4) progress reports; and
            ``(5) other information the Secretary determines to be 
        relevant.
    ``(b) Failure To Comply.--
            ``(1) Determination.--Each of the following actors may make 
        a determination that a primary recipient has failed to comply 
        with the regulations issued under subsection (a):
                    ``(A) The Secretary.
                    ``(B) The Inspector General of the Department of 
                Health and Human Services.
                    ``(C) The Director of the Office of Management and 
                Budget.
            ``(2) Penalties.--
                    ``(A) Initial response.--If a determination that a 
                primary recipient has failed to comply is made under 
                paragraph (1), the Secretary shall--
                            ``(i) withhold undistributed grant amounts 
                        from the relevant primary recipient until the 
                        date on which such recipient comes into 
                        compliance, as determined by an appropriate 
                        authority; and
                            ``(ii) change the status of the relevant 
                        primary recipient in the System for Award 
                        Management (or successor system) administered 
                        by the General Services Administration, and 
                        other relevant Federal databases, to a status 
                        that prevents Federal funds from being provided 
                        to such recipient until the date on which such 
                        recipient comes into compliance, as determined 
                        by an appropriate authority.
                    ``(B) Failure to come into compliance.--A primary 
                recipient determined to have failed to comply under 
                paragraph (1) and who does not come into compliance, as 
                determined by an appropriate authority, during the 180-
                day period beginning on the date of the initial 
                determination of a failure to comply, shall return all 
                grant amounts related to the relevant covered grant to 
                the agency that provided such amounts.
    ``(c) Definitions.--In this section, the following definitions 
apply:
            ``(1) Appropriate authority.--The term `appropriate 
        authority' means--
                    ``(A) the Secretary; or
                    ``(B) the Director of the Office of Management and 
                Budget.
            ``(2) Covered grant.--The term `covered grant' means a 
        grant awarded under a Department of Health and Human Services 
        program to fund an activity that involves biomedical or 
        behavioral research.
            ``(3) Foreign secondary recipient.--The term `foreign 
        secondary recipient' means an entity that--
                    ``(A) conducts activities--
                            ``(i) under an agreement with a primary 
                        recipient; and
                            ``(ii) to facilitate an activity for which 
                        the primary recipient received a covered grant; 
                        and
                    ``(B) is a foreign entity as that term is defined 
                in section 3 of the Lobbying Disclosure Act of 1995 (2 
                U.S.C. 1602).
            ``(4) Primary recipient.--The term `primary recipient' 
        means an entity that receives a covered grant.''.
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