[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1624 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
1st Session
S. 1624
To require certain civil penalties to be transferred to a fund through
which amounts are made available for the Gabriella Miller Kids First
Pediatric Research Program at the National Institutes of Health, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2023
Mr. Kaine (for himself, Mr. Moran, Mr. Heinrich, Mr. Rubio, Ms. Smith,
Mr. Daines, Mr. Welch, Mrs. Capito, Mr. Budd, Mr. Warner, and Mr. Van
Hollen) introduced the following bill; which was read twice and
referred to the Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To require certain civil penalties to be transferred to a fund through
which amounts are made available for the Gabriella Miller Kids First
Pediatric Research Program at the National Institutes of Health, 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 ``Gabriella Miller Kids First Research
Act 2.0''.
SEC. 2. TRANSFER OF FUNDS TO THE PEDIATRIC RESEARCH INITIATIVE.
Section 30A of the Securities Exchange Act of 1934 (15 U.S.C. 78dd-
1) is amended by adding at the end the following:
``(h) Transfer of Amounts.--
``(1) In general.--Except as provided under section 21F,
the Secretary of the Treasury shall transfer to the Pediatric
Research Initiative Fund described in section 9008(i)(2) of the
Internal Revenue Code of 1986 (referred to in this subsection
as the `Fund'), an amount equal to the sum of all civil
monetary sanctions, including penalties, disgorgement, and
interest, recovered with respect to violations of this section
and section 13(b)(2) from persons--
``(A) registered under subsection (b)(1) or
(i)(1)(A)(i) of section 510 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360);
``(B) registered under subsection (b)(2) or
(i)(1)(A)(ii) of section 510 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 360);
``(C) that produce, manufacture, sell, transport,
or distribute dietary supplements (as defined in
section 201(ff) of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 321(ff))); or
``(D) that produce, manufacture, sell, transport,
or distribute cosmetics (as defined in section 201(i)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
321(i))).
``(2) Exception for funds to be paid to harmed investors.--
Paragraph (1) shall not apply to any monetary sanction
collected by the Commission in any judicial or administrative
action brought by the Commission under the securities laws that
is added to a disgorgement fund or other fund under section 308
of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246).
``(3) Application.--Amounts transferred to the Fund under
this subsection shall be--
``(A) transferred in the manner described in
section 9601 of the Internal Revenue Code of 1986; and
``(B) available as described in section 9008(i)(2)
of such Code.''.
SEC. 3. FUNDING FOR THE PEDIATRIC RESEARCH INITIATIVE.
(a) In General.--Section 402A(a)(2) of the Public Health Service
Act (42 U.S.C. 282a(a)(2)) is amended--
(1) in the paragraph heading, by striking ``10-year'';
(2) by striking ``the Common Fund'' and inserting ``the
Division of Program Coordination, Planning, and Strategic
Initiatives'';
(3) by striking ``10-Year''; and
(4) by inserting before the period the following: ``, and
amounts transferred into the Pediatric Research Initiative Fund
under subsection (h) of section 30A of the Securities Exchange
Act of 1934 (15 U.S.C. 78dd-1)''.
(b) NIH Director.--Section 402(b)(7)(B)(ii) of the Public Health
Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended by striking ``the
Common Fund'' and inserting ``the Division of Program Coordination,
Planning, and Strategic Initiatives''.
(c) Use of Amounts for Initiative.--Section 9008(i)(2) of the
Internal Revenue Code of 1986 is amended by striking ``10-year''.
SEC. 4. COORDINATION OF NIH FUNDING FOR PEDIATRIC RESEARCH.
(a) Sense of Congress.--It is the sense of Congress that the
Director of the National Institutes of Health should oversee and
coordinate research that is conducted or supported by the National
Institutes of Health for research on pediatric cancer and other
pediatric diseases and conditions, including through the Pediatric
Research Initiative Fund.
(b) Avoiding Duplication.--Section 402(b)(7)(B)(ii) of the Public
Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended--
(1) by striking ``grants'' and inserting ``awards''; and
(2) by inserting ``and shall prioritize such pediatric
research that does not duplicate existing research activities
of the National Institutes of Health'' before ``; and''.
SEC. 5. REPORT ON PROGRESS AND INVESTMENTS IN PEDIATRIC RESEARCH.
Not later than 4 years after the date of the enactment of this Act,
the Secretary of Health and Human Services shall submit to the
Committee on Health, Education, Labor, and Pensions of the Senate and
the Committee on Energy and Commerce of the House of Representatives a
report that--
(1) details pediatric research projects and initiatives
receiving funds allocated pursuant to section 402(b)(7)(B)(ii)
of the Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii));
and
(2) summarizes advancements made in pediatric research with
funds allocated pursuant to section 402(b)(7)(B)(ii) of the
Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)).
<all>