[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1624 Reported in Senate (RS)]

<DOC>





                                                       Calendar No. 224
118th CONGRESS
  1st Session
                                S. 1624

To require certain civil penalties to be transferred to a fund through 
 which amounts are made available for the Gabriella Miller Kids First 
 Pediatric Research Program at the National Institutes of Health, and 
                          for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 16, 2023

Mr. Kaine (for himself, Mr. Moran, Mr. Heinrich, Mr. Rubio, Ms. Smith, 
   Mr. Daines, Mr. Welch, Mrs. Capito, Mr. Budd, Mr. Warner, Mr. Van 
    Hollen, Ms. Murkowski, Mr. Casey, Mr. Lujan, and Mr. Marshall) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

                            October 4, 2023

  Reported by Mr. Sanders, with an amendment and an amendment to the 
                                 title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To require certain civil penalties to be transferred to a fund through 
 which amounts are made available for the Gabriella Miller Kids First 
 Pediatric Research Program at the National Institutes of Health, and 
                          for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Gabriella Miller Kids First 
Research Act 2.0''.</DELETED>

<DELETED>SEC. 2. TRANSFER OF FUNDS TO THE PEDIATRIC RESEARCH 
              INITIATIVE.</DELETED>

<DELETED>    Section 30A of the Securities Exchange Act of 1934 (15 
U.S.C. 78dd-1) is amended by adding at the end the following:</DELETED>
<DELETED>    ``(h) Transfer of Amounts.--</DELETED>
        <DELETED>    ``(1) In general.--Except as provided under 
        section 21F, the Secretary of the Treasury shall transfer to 
        the Pediatric Research Initiative Fund described in section 
        9008(i)(2) of the Internal Revenue Code of 1986 (referred to in 
        this subsection as the `Fund'), an amount equal to the sum of 
        all civil monetary sanctions, including penalties, 
        disgorgement, and interest, recovered with respect to 
        violations of this section and section 13(b)(2) from persons--
        </DELETED>
                <DELETED>    ``(A) registered under subsection (b)(1) 
                or (i)(1)(A)(i) of section 510 of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 360);</DELETED>
                <DELETED>    ``(B) registered under subsection (b)(2) 
                or (i)(1)(A)(ii) of section 510 of the Federal Food, 
                Drug, and Cosmetic Act (21 U.S.C. 360);</DELETED>
                <DELETED>    ``(C) that produce, manufacture, sell, 
                transport, or distribute dietary supplements (as 
                defined in section 201(ff) of the Federal Food, Drug, 
                and Cosmetic Act (21 U.S.C. 321(ff))); or</DELETED>
                <DELETED>    ``(D) that produce, manufacture, sell, 
                transport, or distribute cosmetics (as defined in 
                section 201(i) of the Federal Food, Drug, and Cosmetic 
                Act (21 U.S.C. 321(i))).</DELETED>
        <DELETED>    ``(2) Exception for funds to be paid to harmed 
        investors.--Paragraph (1) shall not apply to any monetary 
        sanction collected by the Commission in any judicial or 
        administrative action brought by the Commission under the 
        securities laws that is added to a disgorgement fund or other 
        fund under section 308 of the Sarbanes-Oxley Act of 2002 (15 
        U.S.C. 7246).</DELETED>
        <DELETED>    ``(3) Application.--Amounts transferred to the 
        Fund under this subsection shall be--</DELETED>
                <DELETED>    ``(A) transferred in the manner described 
                in section 9601 of the Internal Revenue Code of 1986; 
                and</DELETED>
                <DELETED>    ``(B) available as described in section 
                9008(i)(2) of such Code.''.</DELETED>

<DELETED>SEC. 3. FUNDING FOR THE PEDIATRIC RESEARCH 
              INITIATIVE.</DELETED>

<DELETED>    (a) In General.--Section 402A(a)(2) of the Public Health 
Service Act (42 U.S.C. 282a(a)(2)) is amended--</DELETED>
        <DELETED>    (1) in the paragraph heading, by striking ``10-
        year'';</DELETED>
        <DELETED>    (2) by striking ``the Common Fund'' and inserting 
        ``the Division of Program Coordination, Planning, and Strategic 
        Initiatives'';</DELETED>
        <DELETED>    (3) by striking ``10-Year''; and</DELETED>
        <DELETED>    (4) by inserting before the period the following: 
        ``, and amounts transferred into the Pediatric Research 
        Initiative Fund under subsection (h) of section 30A of the 
        Securities Exchange Act of 1934 (15 U.S.C. 78dd-1)''.</DELETED>
<DELETED>    (b) NIH Director.--Section 402(b)(7)(B)(ii) of the Public 
Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended by striking 
``the Common Fund'' and inserting ``the Division of Program 
Coordination, Planning, and Strategic Initiatives''.</DELETED>
<DELETED>    (c) Use of Amounts for Initiative.--Section 9008(i)(2) of 
the Internal Revenue Code of 1986 is amended by striking ``10-
year''.</DELETED>

<DELETED>SEC. 4. COORDINATION OF NIH FUNDING FOR PEDIATRIC 
              RESEARCH.</DELETED>

<DELETED>    (a) Sense of Congress.--It is the sense of Congress that 
the Director of the National Institutes of Health should oversee and 
coordinate research that is conducted or supported by the National 
Institutes of Health for research on pediatric cancer and other 
pediatric diseases and conditions, including through the Pediatric 
Research Initiative Fund.</DELETED>
<DELETED>    (b) Avoiding Duplication.--Section 402(b)(7)(B)(ii) of the 
Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended--
</DELETED>
        <DELETED>    (1) by striking ``grants'' and inserting 
        ``awards''; and</DELETED>
        <DELETED>    (2) by inserting ``and shall prioritize such 
        pediatric research that does not duplicate existing research 
        activities of the National Institutes of Health'' before ``; 
        and''.</DELETED>

<DELETED>SEC. 5. REPORT ON PROGRESS AND INVESTMENTS IN PEDIATRIC 
              RESEARCH.</DELETED>

<DELETED>    Not later than 4 years after the date of the enactment of 
this Act, the Secretary of Health and Human Services shall submit to 
the Committee on Health, Education, Labor, and Pensions of the Senate 
and the Committee on Energy and Commerce of the House of 
Representatives a report that--</DELETED>
        <DELETED>    (1) details pediatric research projects and 
        initiatives receiving funds allocated pursuant to section 
        402(b)(7)(B)(ii) of the Public Health Service Act (42 U.S.C. 
        282(b)(7)(B)(ii)); and</DELETED>
        <DELETED>    (2) summarizes advancements made in pediatric 
        research with funds allocated pursuant to section 
        402(b)(7)(B)(ii) of the Public Health Service Act (42 U.S.C. 
        282(b)(7)(B)(ii)).</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Gabriella Miller Kids First Research 
Act 2.0''.

SEC. 2. FUNDING FOR THE PEDIATRIC RESEARCH INITIATIVE.

    (a) In General.--Section 402A(a)(2) of the Public Health Service 
Act (42 U.S.C. 282a(a)(2)) is amended--
            (1) in the paragraph heading, by striking ``10-year'';
            (2) by striking ``the Common Fund'' and inserting ``the 
        Division of Program Coordination, Planning, and Strategic 
        Initiatives'';
            (3) by striking ``10-Year''; and
            (4) by striking ``this section, $12,600,000 for each of 
        fiscal years 2014 through 2023.'' and inserting ``this 
        section--
                    ``(A) $12,600,000 for fiscal year 2024;
                    ``(B) $15,100,000 for each of fiscal years 2025 and 
                2026;
                    ``(C) $17,600,000 for each of fiscal years 2027 and 
                2028;
                    ``(D) $20,100,000 for each of fiscal years 2029 and 
                2030;
                    ``(E) $22,600,000 for each of fiscal years 2031 and 
                2032; and
                    ``(F) $25,000,000 for fiscal year 2033.''.
    (b) NIH Director.--Section 402(b)(7)(B)(ii) of the Public Health 
Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended by striking ``the 
Common Fund'' and inserting ``the Division of Program Coordination, 
Planning, and Strategic Initiatives''.
    (c) Use of Amounts for Initiative.--Section 9008(i)(2) of the 
Internal Revenue Code of 1986 is amended by striking ``10-year''.

SEC. 3. COORDINATION OF NIH FUNDING FOR PEDIATRIC RESEARCH.

    (a) Sense of Congress.--It is the sense of Congress that the 
Director of the National Institutes of Health should oversee and 
coordinate research that is conducted or supported by the National 
Institutes of Health for research on pediatric cancer and other 
pediatric diseases and conditions, including through the Pediatric 
Research Initiative Fund.
    (b) Avoiding Duplication.--Section 402(b)(7)(B)(ii) of the Public 
Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended--
            (1) by striking ``grants'' and inserting ``awards''; and
            (2) by inserting ``and shall prioritize such pediatric 
        research that does not duplicate existing research activities 
        of the National Institutes of Health'' before ``; and''.

SEC. 4. REPORT ON PROGRESS AND INVESTMENTS IN PEDIATRIC RESEARCH.

    Not later than 4 years after the date of the enactment of this Act, 
the Secretary of Health and Human Services shall submit to the 
Committee on Health, Education, Labor, and Pensions of the Senate and 
the Committee on Energy and Commerce of the House of Representatives a 
report that--
            (1) details pediatric research projects and initiatives 
        receiving funds allocated pursuant to section 402(b)(7)(B)(ii) 
        of the Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)); 
        and
            (2) summarizes advancements made in pediatric research with 
        funds allocated pursuant to section 402(b)(7)(B)(ii) of the 
        Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)).
            Amend the title so as to read: ``A bill to reauthorize the 
        Gabriella Miller Kids First Pediatric Research Program at the 
        National Institutes of Health, and for other purposes.''.
                                                       Calendar No. 224

118th CONGRESS

  1st Session

                                S. 1624

_______________________________________________________________________

                                 A BILL

To require certain civil penalties to be transferred to a fund through 
 which amounts are made available for the Gabriella Miller Kids First 
 Pediatric Research Program at the National Institutes of Health, and 
                          for other purposes.

_______________________________________________________________________

                            October 4, 2023

        Reported with an amendment and an amendment to the title