[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 302 Referred in House (RFH)]


109th CONGRESS
  1st Session
                                 S. 302


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

            Referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 AN ACT


 
 To make improvements in the Foundation for the National Institutes of 
                                Health.

    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 ``Foundation for the National 
Institutes of Health Improvement Act''.

SEC. 2. NATIONAL INSTITUTES OF HEALTH ESTABLISHMENT AND DUTIES.

    Section 499 of the Public Health Service Act (42 U.S.C. 290b) is 
amended--
            (1) in subsection (d)--
                    (A) in paragraph (1)--
                            (i) by amending subparagraph (D)(ii) to 
                        read as follows:
                    ``(ii) Upon the appointment of the appointed 
                members of the Board under clause (i)(II), the terms of 
                service as members of the Board of the ex officio 
                members of the Board described in clauses (i) and (ii) 
                of subparagraph (B) shall terminate. The ex officio 
                members of the Board described in clauses (iii) and 
                (iv) of subparagraph (B) shall continue to serve as ex 
                officio members of the Board.''; and
                            (ii) in subparagraph (G), by inserting 
                        ``appointed'' after ``that the number of'';
                    (B) by amending paragraph (3)(B) to read as 
                follows:
                    ``(B) Any vacancy in the membership of the 
                appointed members of the Board shall be filled in 
                accordance with the bylaws of the Foundation 
                established in accordance with paragraph (6), and shall 
                not affect the power of the remaining appointed members 
                to execute the duties of the Board.''; and
                    (C) in paragraph (5), by inserting ``appointed'' 
                after ``majority of the'';
            (2) in subsection (j)--
                    (A) in paragraph (2), by striking 
                ``(d)(2)(B)(i)(II)'' and inserting ``(d)(6)'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A), by inserting ``, 
                        including an accounting of the use of amounts 
                        transferred under subsection (l)'' before the 
                        period at the end; and
                            (ii) by striking subparagraph (C) and 
                        inserting the following:
                    ``(C) The Foundation shall make copies of each 
                report submitted under subparagraph (A) available--
                            ``(i) for public inspection, and shall upon 
                        request provide a copy of the report to any 
                        individual for a charge that shall not exceed 
                        the cost of providing the copy; and
                            ``(ii) to the appropriate committees of 
                        Congress.''; and
                    (C) in paragraph (10), by striking ``of Health.'' 
                and inserting ``of Health and the National Institutes 
                of Health may accept transfers of funds from the 
                Foundation.''; and
            (3) by striking subsection (l) and inserting the following:
    ``(l) Funding.--From amounts appropriated to the National 
Institutes of Health, for each fiscal year, the Director of NIH shall 
transfer not less than $500,000 and not more than $1,250,000 to the 
Foundation.''.

            Passed the Senate July 27, 2005.

            Attest:

                                             EMILY J. REYNOLDS,

                                                             Secretary.