[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 973 Introduced in House (IH)]







107th CONGRESS
  1st Session
                                H. R. 973

To amend the Public Health Service Act with respect to the operation by 
    the National Institutes of Health of an experimental program to 
                    stimulate competitive research.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 13, 2001

 Mr. Istook (for himself, Mr. Pomeroy, and Mr. Wicker) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
To amend the Public Health Service Act with respect to the operation by 
    the National Institutes of Health of an experimental program to 
                    stimulate competitive research.

    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 ``National Institutes of Health EPSCoR 
Program Act of 2001''.

SEC. 2. EPSCOR PROGRAM AT NATIONAL INSTITUTES OF HEALTH.

    Part A of title IV of the Public Health Service Act (42 U.S.C. 281 
et seq.) is amended--
            (1) in section 402--
                    (A) by striking subsection (g); and
                    (B) by redesignating subsections (h) through (l) as 
                subsections (g) through (k), respectively; and
            (2) by adding at the end the following:

``SEC. 404E. EXPERIMENTAL PROGRAM TO STIMULATE COMPETITIVE RESEARCH.

    ``(a) In General.--
            ``(1) Enhancing research competitiveness of eligible 
        institutions.--The Director of NIH, acting through the Director 
        of the National Center for Research Resources, shall in 
        accordance with this section establish a program for the 
        purpose of enhancing the competitiveness of eligible 
        institutions in obtaining funds from the national research 
        institutes for conducting biomedical and behavioral research.
            ``(2) Eligible institutions; epscor states, committees, and 
        fiscal agents.--In this section:
                    ``(A) Eligible institution.--The term `eligible 
                institution' means a research entity located in an 
                EPSCoR State.
                    ``(B) Research entity.--The term `research entity' 
                means a non-Federal entity that conducts biomedical or 
                behavioral research, including an individual or 
                organization.
                    ``(C) Epscor state.--The term `EPSCoR State' means 
                a State for which--
                            ``(i) the aggregate success rate for 
                        applications submitted to the national research 
                        institutes by research entities in the State 
                        has historically constituted a low success rate 
                        of obtaining funds from such institutes, 
                        relative to such aggregate rate for research 
                        entities in other States; or
                            ``(ii) the average of the annual aggregate 
                        amount of funds received for the 5 preceding 
                        fiscal years by research entities in such State 
                        pursuant to successful such applications was 
                        not more than 1.08 percent of the total amount 
                        that was received during such years by research 
                        entities in the States under grants, 
                        cooperative agreements, and contracts awarded 
                        by the national research institutes to support 
                        the conduct of biomedical and behavioral 
                        research.
                    ``(D) NIH epscor committee.--
                            ``(i) In general.--The term `NIH EPSCoR 
                        committee' means, with respect to an EPSCoR 
                        State, the single committee established for the 
                        State under section 113 of the National Science 
                        Foundation Authorization Act of 1988 (Public 
                        Law 100-570), except as provided in clause 
                        (ii).
                            ``(ii) Exception.--A committee referred to 
                        in clause (i) is not an NIH EPSCoR committee 
                        for a State for purposes of this section 
                        unless, when such committee carries out 
                        activities pursuant to this section, the 
                        following conditions are met:
                                    ``(I) The membership of the 
                                committee includes individuals who are 
                                representatives from the principal 
                                nonprofit and for-profit biomedical and 
behavioral research entities in the State.
                                    ``(II) The membership of the 
                                committee includes representatives of 
                                the State legislature and the office of 
                                the Governor.
                                    ``(III) The membership of the 
                                committee shall serve staggered 4 year 
                                terms.
                    ``(E) Epscor state fiscal agent.--The term `EPSCoR 
                State fiscal agent' means a fiscal intermediary that 
                has been approved by an NIH EPSCoR committee for a 
                State, and that acts on behalf of such committee by 
                submitting applications to the Federal Government for 
                awards of grants, cooperative agreements, and 
                contracts, and by disbursing amounts from such awards.
    ``(b) Technical Assistance; Research Plans.--The Director of NIH 
may under subsection (a) enhance the competitiveness of eligible 
institutions through (directly or by grant or contract)--
            ``(1) providing technical assistance to such institutions, 
        including technical assistance in the preparation of 
        applications for obtaining funds from the national research 
        institutes;
            ``(2) assisting the institutions in developing a plan for 
        biomedical or behavioral research proposals; and
            ``(3) assisting the institutions in implementing such plan.
    ``(c) Formula Grants for Increasing Institutional Capacity.--
            ``(1) In general.--In the case of each EPSCoR State fiscal 
        agent that in accordance with paragraph (3) submits to the 
        Director of NIH an application for a fiscal year, the Director 
        shall under subsection (a) make an award of a grant or 
        cooperative agreement for the fiscal year to such agent for 
        disbursement to eligible institutions in such State to carry 
        out the purposes described in paragraph (2) (subject to amounts 
        being appropriated under subsection (e) for the fiscal year). 
        The grant shall consist of the allotment determined for the 
        State under paragraph (4).
            ``(2) Authorized expenditures.--The purposes referred to in 
        paragraph (1) with respect to an EPSCoR State are as follows:
                    ``(A) Improving the capacity of eligible 
                institutions in the State to conduct biomedical and 
                behavioral research through providing for faculty-
                related enhancement and development programs (or other 
                programs regarding professional staff); student 
                programs; training programs; obtaining equipment, 
                including instrumentation; obtaining facilities, 
                including the construction or renovation of facilities; 
                establishing collaborative professional relationships 
                with other public or private research entities; and 
                other programs or activities determined by the Director 
                of NIH to be appropriate.
                    ``(B) Carrying out projects that will have 
                significant short-term impact with respect to improving 
                the capacity of the institutions to conduct biomedical 
                and behavioral research.
            ``(3) Application for grant; certain requirements.--An 
        application under paragraph (1) for an award for a fiscal year 
        regarding an EPSCoR State is in accordance with this paragraph 
        if the following conditions are met:
                    ``(A) The application identifies the specific needs 
                of eligible institutions in the EPSCoR State with 
                respect to the purposes described in subparagraphs (A) 
                and (B) of paragraph (2), including identifying the 
                categories of research that are to receive priority.
                    ``(B) The application contains a plan for obtaining 
                public or private funds (other than from awards under 
                paragraph (1)) to continue in effect the improvements 
                to be made with respect to such institutions pursuant 
                to the award.
                    ``(C) The EPSCoR State fiscal agent agrees that, 
                not later than 60 days after the end of the fiscal 
                year, the agent will submit to the Director of NIH a 
                report describing the purposes for which the award was 
                obligated or expended.
                    ``(D) The application meets such additional 
                requirements as the Director of NIH may establish, 
                except that the Director may not require that non-
                Federal contributions be provided as a condition of 
                receiving the award.
                    ``(E) The NIH EPSCoR committee for the State has 
                approved the application as adequately meeting the 
                conditions described in subparagraphs (A) through (D).
            ``(4) Amount of award.--For purposes of paragraph (1), an 
        allotment for an EPSCoR State for a fiscal year is determined 
        in accordance with this paragraph if the allotment is the 
        quotient of--
                    ``(A) the amount appropriated under subsection (e) 
                and available for awards under paragraph (1); divided 
                by
                    ``(B) the number of EPSCoR States for which 
                applications for awards under paragraph (1) for the 
                fiscal year are submitted in accordance with paragraph 
                (3).
    ``(d) EPSCoR Cofunding Program.--
            ``(1) In general.--The Director of NIH shall under 
        subsection (a) make awards of grants to eligible institutions 
        for the purpose of carrying out projects of research within 
        categories identified under subsection (c)(3)(A) as priorities 
        for the eligible institutions involved.
            ``(2) Cofunding.--
                    ``(A) In general.--The Director of NIH may make an 
                award under paragraph (1) only if, in addition to such 
                award, the project involved will receive funding from 
                one or more other programs that are carried out by any 
                of the national research institutes (which other  
programs are in this subsection referred to as `Coprograms').
                    ``(B) Allocation between programs.--Of the total 
                amount made available for a project of an eligible 
                institution pursuant to an award under paragraph (1) 
                and awards under the Coprograms involved, not more than 
                50 percent may be provided in the award under paragraph 
                (1).
            ``(3) Priorities.--In making awards under paragraph (1), 
        the Director of NIH shall give priority to the following 
        projects:
                    ``(A) Projects whose principal researchers will be 
                individuals who have not previously served as principal 
                researchers of projects supported by any of the 
                national research institutes.
                    ``(B) With respect to the process for peer review 
                of applications for awards, projects whose applications 
                under Coprograms were approved in such process but 
                whose rankings precluded the provision of awards.
                    ``(C) Projects that involve multiple areas of 
                research, each of which areas has, at the eligible 
                institution involved, received funding under this 
                section.
            ``(4) Certain requirements.--An award under paragraph (1) 
        may be made only if the application for the award meets the 
        following requirements:
                    ``(A) The application identifies the specific 
                activities to be carried out with respect to the 
                purpose described in paragraph (1).
                    ``(B) The application meets such additional 
                requirements as the Director of NIH may establish.
                    ``(C) The NIH EPSCoR committee for the State has 
                approved the application as meeting the requirements 
                under this paragraph, and as being consistent with the 
                strategy adopted by the State with respect to the 
                purpose described in subsection (a)(1).
    ``(e) Funding.--
            ``(1) Authorization of appropriations.--For the purpose of 
        carrying out this section, there is authorized to be 
        appropriated $200,000,000 for fiscal year 2002, and such sums 
        as may be necessary for each of the fiscal years 2003 through 
        2006.
            ``(2) Allocation regarding technical assistance and 
        research plans.--Of the amounts appropriated under paragraph 
        (1) for a fiscal year, the Director of NIH shall reserve not to 
        exceed 10 percent for carrying out subsection (b).
            ``(3) Allocation regarding formula grants for increasing 
        institutional capacity; allocation regarding cofunding 
        program.--Of the amounts appropriated under paragraph (1) for a 
        fiscal year and available after compliance with paragraph (2), 
        the Director of NIH shall reserve--
                    ``(A) with respect to fiscal year 2002--
                            ``(i) 80 percent of such amounts for awards 
                        under subsection (c); and
                            ``(ii) 20 percent of such amounts for 
                        awards under subsection (d)(1);
                    ``(B) with respect to fiscal year 2003--
                            ``(i) 70 percent of such amounts for awards 
                        under subsection (c); and
                            ``(ii) 30 percent of such amounts for 
                        awards under subsection (d)(1);
                    ``(C) with respect to fiscal year 2004--
                            ``(i) 60 percent of such amounts for awards 
                        under subsection (c); and
                            ``(ii) 40 percent of such amounts for 
                        awards under subsection (d)(1); and
                    ``(D) with respect to each of fiscal years 2005 and 
                2006--
                            ``(i) 50 percent of such amounts for awards 
                        under subsection (c); and
                            ``(ii) 50 percent of such amounts for 
                        awards under subsection (d)(1).
            ``(4) Additional funding for cofunding program.--In 
        addition to amounts reserved under paragraph (3) for making 
        awards under subsections (c) and (d)(1), the Director of NIH 
        shall reserve for making such awards all savings in the 
        indirect costs of projects of research supported by the 
        national research institutes that are achieved as a result of 
        carrying out projects in EPSCoR States rather than in other 
        States. Such savings shall be calculated based on the previous 
        5 year average of the actual amounts paid to each State in 
        indirect costs. Such additional funding from indirect cost 
        savings shall be allocated in a manner consistent with 
        paragraph (3).
    ``(f) Reports.--
            ``(1) To the state.--The NIH EPSCoR committee of a State 
        shall annually submit to the State a report on the activities 
        carried out under this section in the State.
            ``(2) To nih.--The State shall forward a copy of each 
        report received under paragraph (1) to the Director of NIH.''.
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