I 111th CONGRESS 1st Session H. R. 2778 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.

1.

Short title

This Act may be cited as the Health Equity and Accountability through Research Act of 2009.

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. .