Review of contracts and agreements

42 U.S.C. § 19233

• Title: 42 — The Public Health and Welfare
• Chapter: SUBCHAPTER VI—MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS
• Part: C

Text

(a) In general
In addition to existing authorities for preventing waste, fraud, abuse, and mismanagement of Federal funds, each Federal research agency shall have the authority to—
(1) require, upon request, the submission to such agency, by an institution of higher education or other organization applying for a research and development award, of supporting documentation, including copies of contracts, grants, or any other agreement specific to foreign appointments, employment with a foreign institution, participation in a foreign talent recruitment program and other information reported as current and pending support for all covered individuals in a research and development award application;
(2) require such institution of higher education or other organization to review any documents requested under paragraph (1) for compliance with the Federal research agency's award terms and conditions, including guidance on conflicts of interest and conflicts of commitment; and
(3) upon receipt and review of the information provided under paragraph (1) and in consultation with the institution of higher education or other organization submitting such information, initiate the substitution or removal of a covered individual from a research and development award, reduce the award funding amount, or suspend or terminate the award if the agency head determines such contracts, grants, or agreements include obligations that—
(A) interfere with the capacity for agency-supported activities to be carried out; or
(B) create duplication with agency-supported activities.
(b) Limitations
In exercising the authorities under subsection (a), each Federal research agency shall—
(1) take necessary steps, as practicable, to protect the privacy of all covered individuals and other parties specified in the documentation submitted under paragraph (1) of such subsection;
(2) endeavor to provide justification for requests for supporting documentation made under such paragraph;
(3) require that allegations be proven by a preponderance of evidence; and
(4) as practicable, afford subjects an opportunity to provide comments and rebuttal and an opportunity to appeal before final administrative action is taken.

History

(Pub. L. 117–167, div. B, title VI, §10633, Aug. 9, 2022, 136 Stat. 1666.)