[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 302 Reported in Senate (RS)]






                                                       Calendar No. 117
109th CONGRESS
  1st Session
                                 S. 302

                          [Report No. 109-75]

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 7, 2005

Mr. Kennedy (for himself, Mr. Gregg, Mr. Enzi, Mr. Frist, Mr. Bingaman, 
and Mr. DeWine) introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

                              May 26, 2005

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

_______________________________________________________________________

                                 A BILL


 
 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,

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

<DELETED>    This Act may be cited as the ``Foundation for the National 
Institutes of Health Improvement Act''.</DELETED>

<DELETED>SEC. 2. NATIONAL INSTITUTES OF HEALTH ESTABLISHMENT AND 
              DUTIES.</DELETED>

<DELETED>    Section 499 of the Public Health Service Act (42 U.S.C. 
290b) is amended--</DELETED>
        <DELETED>    (1) in subsection (d)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) by amending subparagraph 
                        (D)(ii) to read as follows:</DELETED>
                <DELETED>    ``(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</DELETED>
                        <DELETED>    (ii) in subparagraph (G), by 
                        inserting ``appointed'' after ``that the number 
                        of'';</DELETED>
                <DELETED>    (B) by amending paragraph (3)(B) to read 
                as follows:</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (C) in paragraph (5), by inserting 
                ``appointed'' after ``majority of the'';</DELETED>
        <DELETED>    (2) in subsection (j)--</DELETED>
                <DELETED>    (A) in paragraph (2), by striking 
                ``(d)(2)(B)(i)(II)'' and inserting ``(d)(6)''; 
                and</DELETED>
                <DELETED>    (B) 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</DELETED>
        <DELETED>    (3) by striking subsection (l) and inserting the 
        following:</DELETED>
<DELETED>    ``(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 to the Foundation.''.</DELETED>

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.''.




                                                       Calendar No. 117

109th CONGRESS

  1st Session

                                 S. 302

                          [Report No. 109-75]

_______________________________________________________________________

                                 A BILL

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

_______________________________________________________________________

                              May 26, 2005

                       Reported with an amendment