Title 42 — The Public Health and WelfareRelease 119-73not60

§19233 Review of Contracts and Agreements

Title 42 › Chapter 163— RESEARCH AND DEVELOPMENT, COMPETITION, AND INNOVATION › Subchapter VI— MISCELLANEOUS SCIENCE AND TECHNOLOGY PROVISIONS › Part C— Research Security › § 19233

Last updated Apr 5, 2026|Official source

Summary

Federal research agencies can require colleges and other organizations that seek research funding to give them documents that back up an application. These documents can include contracts, grants, or agreements about foreign appointments, work for a foreign institution, joining foreign recruitment programs, and any current or pending research support for people named in the application. Agencies can also require the institution to check those documents against the award’s rules, including rules about conflicts of interest or conflicts of commitment. After reviewing and talking with the institution, the agency can remove or replace a person on the award, cut the award funds, or suspend or end the award if those outside agreements would stop the funded work or duplicate it. When using these powers, agencies must try to protect people’s privacy, try to explain why they asked for the documents, require that allegations be proven by a preponderance of the evidence, and, when possible, give the people involved a chance to comment, rebut, and appeal before taking final action.

Full Legal Text

Title 42, §19233

The Public Health and Welfare — Source: USLM XML via OLRC

(a)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)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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 19233

Title 42 — The Public Health and Welfare

Last Updated

Apr 5, 2026

Release point: 119-73not60