[Congressional Record Volume 149, Number 106 (Thursday, July 17, 2003)]
[Senate]
[Page S9618]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  MAKING IMPROVEMENTS IN FOUNDATION FOR NATIONAL INSTITUTES OF HEALTH

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 92, S. 314.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 314) to make improvements for the Foundation of 
     the National Institutes of Health.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. FRIST. I ask unanimous consent that the bill be read a third time 
and passed, the motion to reconsider be laid upon the table, and that 
any statements relating to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The bill (S. 314) was read the third and passed, as follows:

                                 S. 314

       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)''; and
       (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
       (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 $500,000 to the Foundation.''.

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