I 

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. 

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 ‘‘Foreign Research 

5 Transparency Act of 2024’’. 


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1 SEC. 2. ENSURING ACCESS OF PRIMARY RECIPIENT TO IN2 FORMATION RELATED TO RESEARCH. 

3 Part H of title IV of the Public Health Service Act 

4 (42 U.S.C. 289 et seq.) is amended by inserting after sec5 tion 493A (42 U.S.C. 289b–1) the following: 

6 ‘‘SEC. 493B. ENSURING ACCESS OF PRIMARY RECIPIENT TO 

7 INFORMATION RELATED TO RESEARCH. 

8 ‘‘(a) IN GENERAL.—The Secretary shall require, by 

9 regulation, that, as a condition of the receipt of a covered 

10 grant, a primary recipient shall ensure that each agree11 ment entered into by such primary recipient with a foreign 

12 secondary recipient provides for such primary recipient to 

13 have access to all supporting information related to the 

14 research carried out by the foreign secondary recipient, 

15 including access to— 

16 ‘‘(1) raw data; 

17 ‘‘(2) databases; 

18 ‘‘(3) notes; 

19 ‘‘(4) progress reports; and 

20 ‘‘(5) other information the Secretary determines 

21 to be relevant. 

22 ‘‘(b) FAILURE TO COMPLY.— 

23 ‘‘(1) DETERMINATION.—Each of the following 

24 actors may make a determination that a primary re25 cipient has failed to comply with the regulations 

26 issued under subsection (a): 


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1 ‘‘(A) The Secretary. 

2 ‘‘(B) The Inspector General of the Depart3 ment of Health and Human Services. 

4 ‘‘(C) The Director of the Office of Man5 agement and Budget. 

6 ‘‘(2) PENALTIES.— 

7 ‘‘(A) INITIAL RESPONSE.—If a determina8 tion that a primary recipient has failed to com9 ply is made under paragraph (1), the Secretary 

10 shall— 

11 ‘‘(i) withhold undistributed grant 

12 amounts from the relevant primary recipi13 ent until the date on which such recipient 

14 comes into compliance, as determined by 

15 an appropriate authority; and 

16 ‘‘(ii) change the status of the relevant 

17 primary recipient in the System for Award 

18 Management (or successor system) admin19 istered by the General Services Adminis20 tration, and other relevant Federal data21 bases, to a status that prevents Federal 

22 funds from being provided to such recipi23 ent until the date on which such recipient 

24 comes into compliance, as determined by 

25 an appropriate authority. 


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1 ‘‘(B) FAILURE TO COME INTO COMPLI2 ANCE.—A primary recipient determined to have 

3 failed to comply under paragraph (1) and who 

4 does not come into compliance, as determined 

5 by an appropriate authority, during the 180-day 

6 period beginning on the date of the initial de7 termination of a failure to comply, shall return 

8 all grant amounts related to the relevant cov9 ered grant to the agency that provided such 

10 amounts. 

11 ‘‘(c) DEFINITIONS.—In this section, the following 

12 definitions apply: 

13 ‘‘(1) APPROPRIATE AUTHORITY.—The term ‘ap14 propriate authority’ means— 

15 ‘‘(A) the Secretary; or 

16 ‘‘(B) the Director of the Office of Manage17 ment and Budget. 

18 ‘‘(2) COVERED GRANT.—The term ‘covered 

19 grant’ means a grant awarded under a Department 

20 of Health and Human Services program to fund an 

21 activity that involves biomedical or behavioral re22 search. 

23 ‘‘(3) FOREIGN SECONDARY RECIPIENT.—The 

24 term ‘foreign secondary recipient’ means an entity 

25 that— 


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1 ‘‘(A) conducts activities— 

2 ‘‘(i) under an agreement with a pri3 mary recipient; and 

4 ‘‘(ii) to facilitate an activity for which 

5 the primary recipient received a covered 

6 grant; and 

7 ‘‘(B) is a foreign entity as that term is de8 fined in section 3 of the Lobbying Disclosure 

9 Act of 1995 (2 U.S.C. 1602). 

10 ‘‘(4) PRIMARY RECIPIENT.—The term ‘primary 

11 recipient’ means an entity that receives a covered 

12 grant.’’. 

Æ 


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