[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2778 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2778

  To amend the Public Health Service Act to redesignate the National 
   Center on Minority Health and Health Disparities as the National 
  Institute for Minority Health and Health Disparities, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 9, 2009

 Mr. Jackson of Illinois (for himself and Mr. Cummings) introduced the 
   following bill; which was referred to the Committee on Energy and 
                                Commerce

_______________________________________________________________________

                                 A BILL


 
  To amend the Public Health Service Act to redesignate the National 
   Center on Minority Health and Health Disparities as the National 
  Institute for Minority Health and Health Disparities, and for other 
                               purposes.

    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 ``Health Equity and Accountability 
through Research Act of 2009''.

SEC. 2. NATIONAL INSTITUTE FOR MINORITY HEALTH AND HEALTH DISPARITIES.

    (a) Redesignation.--
            (1) In general.--Title IV of the Public Health Service Act 
        (42 U.S.C. 281 et seq.) is amended--
                    (A) in section 401(b)(24), by striking ``National 
                Center on Minority Health and Health Disparities'' and 
                inserting ``National Institute for Minority Health and 
                Health Disparities''; and
                    (B) in subpart 6 of part E--
                            (i) in the subpart heading, by striking 
                        ``Center'' and inserting ``Institute'';
                            (ii) in the headings of sections 485E and 
                        485H, by striking ``center'' and inserting 
                        ``institute''; and
                            (iii) by striking (other than in section 
                        485E(i)(1)) the term ``Center'' each place it 
                        appears and inserting ``Institute''.
            (2) References.--Any reference in any law, map, regulation, 
        document, paper, or other record of the United States to the 
        National Center on Minority Health and Health Disparities shall 
        be deemed to be a reference to the National Institute for 
        Minority Health and Health Disparities.
    (b) Duties; Authorities; Funding.--Section 485E of the Public 
Health Service Act (42 U.S.C. 287c-31) is amended--
            (1) by amending subsection (e) to read as follows:
    ``(e) Duties of the Director.--
            ``(1) Interagency coordination of minority health and 
        health disparity activities.--With respect to minority health 
        and health disparities, the Director of the Institute shall 
        plan, coordinate, and evaluate research and other activities 
        conducted or supported by the institutes and centers of the 
        National Institutes of Health. In carrying out the preceding 
        sentence, the Director of the Institute shall evaluate the 
        minority health and health disparity activities of each of such 
        institutes and centers and shall provide for the periodic 
        reevaluation of such activities. Such institutes and centers 
        shall be responsible for providing information to the 
        Institute, including data on clinical trials funded or 
        conducted by these institutes and centers.
            ``(2) Consultations.--The Director of the Institute shall 
        carry out this subpart (including developing and revising the 
        plan and budget required by subsection (f) in consultation with 
        the heads of the institutes and centers of the National 
        Institutes of Health, the advisory councils of such institutes 
        and centers, and the advisory council established pursuant to 
        subsection (j).
            ``(3) Coordination of activities.--The Director of the 
        Institute--
                    ``(A) shall act as the primary Federal official 
                with responsibility for coordinating all research and 
                activities conducted or supported by the National 
                Institutes of Health on minority or other health 
                disparities;
                    ``(B) shall represent the health disparities 
                research program of the National Institutes of Health, 
                including the minority health and other health 
                disparities research program, at all relevant executive 
                branch task forces, committees, and planning 
                activities; and
                    ``(C) shall maintain communications with all 
                relevant agencies of the Public Health Service, 
                including the Indian Health Service, and various other 
                departments and agencies of the Federal Government to 
                ensure the timely transmission of information 
                concerning advances in minority health disparities 
                research and other health disparities research among 
                these various agencies for dissemination to affected 
                communities and health care providers.'';
            (2) by amending subsection (f) to read as follows:
    ``(f) Strategic Plan.--
            ``(1) In general.--Subject to the provisions of this 
        section and other applicable law, the Director of the 
        Institute, in consultation with the Director of NIH, the 
        Directors of the other institutes and centers of the National 
        Institutes of Health, and the advisory council established 
        pursuant to subsection (j), shall--
                    ``(A) annually review and revise a strategic plan 
                (referred to in this section as `the plan') and budget 
                for the conduct and support of all minority health 
                disparity research and other health disparity research 
                activities of the institutes and centers of the 
                National Institutes of Health that include time-based 
                targeted objectives with measurable outcomes and assure 
                that the annual review and revision of the plan uses an 
                established trans-National Institutes of Health process 
                subject to timely review, approval, and dissemination;
                    ``(B) ensure that the plan and budget establish 
                priorities among the health disparities research 
                activities that such agencies are authorized to carry 
                out;
                    ``(C) ensure that the plan and budget establish 
                objectives regarding such activities, describe the 
                means for achieving the objectives, and designate the 
                date by which the objectives are expected to be 
                achieved;
                    ``(D) ensure that all amounts appropriated for such 
                activities are expended in accordance with the plan and 
                budget;
                    ``(E) annually submit to Congress a report on the 
                progress made with respect to the plan; and
                    ``(F) create and implement a plan for the systemic 
                review of research activities supported by the National 
                Institutes of Health that are within the mission of 
                both the Institute and other institutes and centers of 
                the National Institutes of Health, including by 
                establishing mechanisms for--
                            ``(i) tracking minority health and health 
                        disparity research conducted within the 
                        institutes and centers assessing the 
                        appropriateness of this research with regard to 
                        the overall goals and objectives of the plan;
                            ``(ii) the early identification of 
                        applications and proposals for grants, 
                        contracts, and cooperative agreements 
                        supporting extramural training, research, and 
                        development, that are submitted to the 
                        institutes and centers that are within the 
                        mission of the Institute;
                            ``(iii) providing the Institute with the 
                        written descriptions and scientific peer review 
                        results of such applications and proposals;
                            ``(iv) enabling the institutes and centers 
                        to consult with the Director of the Institute 
                        prior to final approval of such applications 
                        and proposals; and
                            ``(v) reporting to the Director of the 
                        Institute all such applications and proposals 
                        that are approved for funding by the institutes 
                        and centers.
            ``(2) Certain components of plan and budget.--With respect 
        to health disparities research activities of the agencies of 
        the National Institutes of Health, the Director of the 
        Institute shall ensure that the plan and budget under paragraph 
        (1) provide for--
                    ``(A) basic research and applied research, 
                including research and development with respect to 
                products;
                    ``(B) research that is conducted by the agencies;
                    ``(C) research that is supported by the agencies;
                    ``(D) proposals developed pursuant to solicitations 
                by the agencies and for proposals developed 
                independently of such solicitations; and
                    ``(E) behavioral research and social sciences 
                research, which may include cultural and linguistic 
                research in each of the agencies.
            ``(3) Minority health disparities research.--The plan and 
        budget under paragraph (1) shall include a separate statement 
        of the plan and budget for minority health disparities 
        research.'';
            (3) by amending subsection (h) to read as follows:
    ``(h) Research Endowments.--
            ``(1) In general.--The Director of the Institute shall 
        carry out a program to facilitate minority health and health 
        disparities research and other health disparities research by 
        providing research endowments at--
                    ``(A) centers of excellence under section 736; and
                    ``(B) centers of excellence under section 485F.
            ``(2) Eligibility.--The Director of the Institute shall 
        provide for a research endowment under paragraph (1) only if 
        the institution involved meets the following conditions:
                    ``(A) The institution does not have an endowment 
                that is worth in excess of an amount equal to 50 
                percent of the national average of endowment funds at 
                institutions that conduct similar biomedical research 
                or training of health professionals.
                    ``(B) The application of the institution under 
                paragraph (1) regarding a research endowment has been 
                recommended pursuant to technical and scientific peer 
                review and has been approved by the advisory council 
                established pursuant to subsection (j).
                    ``(C) The institution at any time was deemed to be 
                eligible to receive a grant under section 736 and at 
                any time received a research endowment under paragraph 
                (1).''; and
            (4) by adding at the end the following:
    ``(k) Funding.--
            ``(1) Full funding budget.--
                    ``(A) In general.--With respect to a fiscal year, 
                the Director of the Institute shall prepare and submit 
                directly to the President, for review and transmittal 
                to Congress, a budget estimate for carrying out the 
                plan for the fiscal year, after reasonable opportunity 
                for comment (but without change) by the Secretary, the 
                Director of the National Institutes of Health, the 
                directors of the other institutes and centers of the 
                National Institutes of Health, and the advisory council 
                established pursuant to subsection (j). The budget 
                estimate shall include an estimate of the number and 
                type of personnel needs for the Institute.
                    ``(B) Amounts necessary.--The budget estimate 
                submitted under subparagraph (A) shall estimate the 
                amounts necessary for the institutes and centers of the 
                National Institutes of Health to carry out all minority 
                health and health disparities activities determined by 
                the Director of the Institute to be appropriate, 
                without regard to the probability that such amounts 
                will be appropriated.
            ``(2) Alternate budgets.--
                    ``(A) In general.--With respect to a fiscal year, 
                the Director of the Institute shall prepare and submit 
                to the Secretary and the Director of the National 
                Institutes of Health the budget estimates described in 
                subparagraph (B) for carrying out the plan for the 
                fiscal year. The Secretary and such Director shall 
                consider each of such estimates in making 
                recommendations to the President regarding a budget for 
                the plan for such year.
                    ``(B) Description.--With respect to the fiscal year 
                involved, the budget estimates referred to in 
                subparagraph (A) for the plan are as follows:
                            ``(i) The budget estimate submitted under 
                        paragraph (1).
                            ``(ii) A budget estimate developed on the 
                        assumption that the amounts appropriated will 
                        be sufficient only for--
                                    ``(I) continuing the conduct by the 
                                institutes and centers of the National 
                                Institutes of Health of existing 
                                minority health and health disparity 
                                activities (if approved for 
                                continuation), and continuing the 
                                support of such activities by the 
                                institutes and centers in the case of 
                                projects or programs for which the 
                                institutes or centers have made a 
                                commitment of continued support; and
                                    ``(II) carrying out activities that 
                                are in addition to activities specified 
                                in subclause (I), only for which the 
                                Director determines there is the most 
                                substantial need.
                            ``(iii) Such other budget estimates as the 
                        Director of the Institute determines to be 
                        appropriate.
    ``(l) Authorization of Appropriations.--There are authorized to be 
appropriated $1,000,000,000 for fiscal year 2010 and such sums as may 
be necessary for each of fiscal years 2011 through 2014, to carry out 
this section.''.
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