[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5419 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 5419

  To amend the Public Health Service Act to establish a demonstration 
    project at the National Cancer Institute to provide funding for 
research concerning the prevention, diagnosis, treatment, and cure for 
                                cancer.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2000

Ms. Pryce of Ohio (for herself and Mrs. Capps) introduced the following 
         bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to establish a demonstration 
    project at the National Cancer Institute to provide funding for 
research concerning the prevention, diagnosis, treatment, and cure for 
                                cancer.

    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 ``Millennium Cancer Research Act''.

SEC. 2. NATIONAL CANCER INSTITUTE DEMONSTRATION PROGRAM.

    Subpart 1 of part C of title IV of the Public Health Service Act 
(42 U.S.C. 285 et seq.) is amended--
            (1) by redesignating section 417B as section 417C; and
            (2) by inserting after section 417A, the following:

``SEC. 417B. DEMONSTRATION PROJECT FOR MORE EFFECTIVE RESEARCH.

    ``(a) Establishment.--The Director of the Institute shall establish 
a demonstration project under which the Institute shall provide for the 
conduct of research through an infrastructure that fosters scientific 
creativity and increases fundamental biological understanding leading 
to the prevention, diagnosis, treatment, and cure of cancer.
    ``(b) Authorized Activities.--Under the demonstration project under 
subsection (a), the Director of the Institute shall--
            ``(1) establish efficient and cost-effective research 
        processes and management practices that eliminate redundant 
        business practices and provide for ongoing and rigorous 
        oversight to ensure both quality management and quality 
        science;
            ``(2) develop a management plan that outlines, in a clear 
        and concise manner, the--
                    ``(A) improvements that will be made under the 
                demonstration project in the research practices of the 
                Institute;
                    ``(B) benefits to be achieved through such 
                improvements;
                    ``(C) required modifications to existing rules and 
                regulations that are necessary to carry out the 
                management plan; and
                    ``(D) processes that will be used to implement the 
                required modifications;
            ``(3) establish formal review, oversight, and management 
        control procedures to ensure the effective implementation and 
        execution of the management plan; and
            ``(4) carry out the demonstration project using amounts 
        provided for the Institute under the annual appropriations 
        process.
    ``(c) Authority of Director.--To carry out the demonstration 
project under this section, the Director of the Institute shall have 
the following authority:
            ``(1) Human resources system.--The Director of the 
        Institute shall, using the authority provided to the Director 
        under this Act, as well as authorities under section 207(f), 
        carry out a 5-year pilot program under which the Director shall 
        establish a comprehensive competitive human resources system 
        that complies with existing guidelines under title 42, Code of 
        Federal Regulations, and applicable affirmative action 
        requirements. In establishing such system the Director shall--
                    ``(A) appoint individuals to provide services in 
                furtherance of the mission of the Institute;
                    ``(B) obtain the services of experts or consultants 
                as determined necessary by the Director notwithstanding 
                section 413(b)(5);
                    ``(C) have the authority, notwithstanding 
                limitations on full time equivalent personnel, to hire 
                appropriate personnel, subject to the availability of 
                funds; and
                    ``(D) have the authority, notwithstanding 
                limitations on cost-sharing or duration, to execute 
                Intergovernmental Personnel Act Agreements under terms 
                that are mutually agreeable to the Director of the 
                Institute and the loaning or receiving employer.
            ``(2) Transactions.--The Director of the Institute may 
        enter into transactions (other than contracts, cooperative 
        agreements, and grants) to carry out basic, applied, and 
        advanced research projects. The authority provided under this 
        paragraph shall be in addition to the authority provided under 
        sections 405 and 413 to use contracts, cooperative agreements, 
        and grants in carrying out such projects.
            ``(3) High impact, innovative research in cancer.--
                    ``(A) In general.--The Director of the Institute 
                shall establish a program to encourage high impact, 
                cutting edge research that will lead to future progress 
                against cancer. Such program shall be designed to 
                enable the Director to undertake research projects with 
                maximum flexibility and speed. The requirements of 
                section 303 of the Federal Property and Administrative 
                Services Act of 1949 (41 U.S.C. 253), section 8 of the 
                Small Business Act (15 U.S.C. 637e), section 18 of the 
                Office of Federal Procurement Policy Act (41 U.S.C. 
                416), and sections 405 and 492 of this Act, and any 
                regulations promulgated under such provisions of law, 
shall be waived with respect to critical research projects undertaken 
under the program authorized by this paragraph. Such program shall be 
designed to enable the Director, as rapidly as practicable to--
                            ``(i) select new initiatives, after an 
                        expeditious peer review with requisite 
                        expertise, for further development and 
                        research;
                            ``(ii) identify partners and collaborators 
                        for such initiatives;
                            ``(iii) select the appropriate funding 
                        mechanism for such initiatives;
                            ``(iv) reprogram up to 2 percent of the 
                        amounts appropriated to the National Cancer 
                        Institute to support such initiatives and 
                        research; and
                            ``(v) make awards with respect to new 
                        initiatives and research.
                    ``(B) Report.--The Director shall annually submit a 
                report to Congress that identifies those initiatives 
                that were funded in the year for which the report is 
                being submitted under subparagraph (A).
                    ``(C) Use of experts.--In carrying out this 
                paragraph, the Director of the Institute may, 
                notwithstanding the Federal Advisory Committee Act (5 
                U.S.C. App.), convene groups, that may be composed of 
                both Federal and non-Federal employees, to obtain 
                consensus advice or recommendations.
            ``(4) Funding.--The Director of the Institute may redirect 
        within the National Cancer Institute, as necessary in a fiscal 
        year, not to exceed 5 percent of the amount appropriated for 
        the National Cancer Institute for such fiscal year. Such 
        redirected funds shall be used for new, high priority 
        initiatives.
            ``(5) Grants.--Notwithstanding the limitation under section 
        405(b)(2)(B), and any regulations implementing such provision, 
        the Director of the Institute may award grants and cooperative 
        agreements to carry out initiatives under this subsection. The 
        Director may not award a grant or cooperative agreement in an 
        amount to exceed $300,000 without obtaining a second level 
        review by the National Cancer Advisory Board.
            ``(6) Compensation.--Notwithstanding any other provision of 
        law, the Director of the Institute shall make a salary 
        determination for senior contract research scientists employed 
        at the Federally Funded Research and Development Centers of the 
        Institute consistent with the salary levels applicable for 
        staff of the Institute under titles 5 and 38, United States 
        Code, and under this Act.
            ``(7) Other agreements.--Notwithstanding the limitations 
        contained in section 413(b)(6) and the Public Buildings Act of 
        1959 (40 U.S.C. 601 et seq.), the Director of the Institute may 
        enter into agreements that maximize the operations and 
        efficiency of the National Cancer Institute in fulfilling its 
        mission.
    ``(d) Report.--The Director of the Institute shall annually prepare 
and submit to the Director of the National Institutes of Health a 
report concerning those activities carried out under this section that 
the Director of the Institute determines may have a potential benefit 
for other research activities carried out by the National Institutes of 
Health.
    ``(e) Termination.--The authority provided under this section shall 
terminate on the date that is 5 years after the date of enactment of 
the Millennium Cancer Research Act.''.

SEC. 3. CONFORMING AMENDMENT.

    Section 406(h)(2)(A) of the Public Health Service Act (42 U.S.C. 
284a(h)(2)(A)) is amended--
            (1) in clause (iii), by adding ``and'' at the end;
            (2) by striking clause (iv); and
            (3) by redesignating clause (v) as clause (iv).
                                 <all>