Gabriella Miller Kids First Research Act 2.0

II 117TH CONGRESS 1ST SESSION S. 1521 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 APRIL 29, 2021 Mr. KAINE (for himself, Mr. MORAN, Mr. WARNER, Mr. CASSIDY, Mr. CASEY, Mr. RUBIO, and Mr. MANCHIN) 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 pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Gabriella Miller Kids 4 First Research Act 2.0’’. 5 VerDate Sep 11 2014 22:05 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1521.IS S1521 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 1521 IS SEC. 2. TRANSFER OF FUNDS TO THE PEDIATRIC RE- 1 SEARCH INITIATIVE. 2 Section 30A of the Securities Exchange Act of 1934 3 (15 U.S.C. 78dd–1) is amended by adding at the end the 4 following: 5 ‘‘(h) TRANSFER OF AMOUNTS.— 6 ‘‘(1) IN GENERAL.—Except as provided under 7 section 21F, the Secretary of the Treasury shall 8 transfer to the Pediatric Research Initiative Fund 9 described in section 9008(i)(2) of the Internal Rev- 10 enue Code of 1986 (referred to in this subsection as 11 the ‘Fund’), an amount equal to the sum of all civil 12 monetary sanctions, including penalties, 13 disgorgement, and interest, recovered with respect to 14 violations of this section and section 13(b)(2) from 15 persons— 16 ‘‘(A) registered under subsection (b)(1) or 17 (i)(1)(A)(i) of section 510 of the Federal Food, 18 Drug, and Cosmetic Act (21 U.S.C. 360); 19 ‘‘(B) registered under subsection (b)(2) or 20 (i)(1)(A)(ii) of section 510 of the Federal Food, 21 Drug, and Cosmetic Act (21 U.S.C. 360); 22 ‘‘(C) that produce, manufacture, sell, 23 transport, or distribute dietary supplements (as 24 defined in section 201(ff) of the Federal Food, 25 VerDate Sep 11 2014 22:05 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1521.IS S1521 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 1521 IS Drug, and Cosmetic Act (21 U.S.C. 321(ff))); 1 or 2 ‘‘(D) that produce, manufacture, sell, 3 transport, or distribute cosmetics (as defined in 4 section 201(i) of the Federal Food, Drug, and 5 Cosmetic Act (21 U.S.C. 321(i))). 6 ‘‘(2) EXCEPTION FOR FUNDS TO BE PAID TO 7 HARMED INVESTORS.—Paragraph (1) shall not 8 apply to any monetary sanction collected by the 9 Commission in any judicial or administrative action 10 brought by the Commission under the securities laws 11 that is added to a disgorgement fund or other fund 12 under section 308 of the Sarbanes-Oxley Act of 13 2002 (15 U.S.C. 7246). 14 ‘‘(3) APPLICATION.—Amounts transferred to 15 the Fund under this subsection shall be— 16 ‘‘(A) transferred in the manner described 17 in section 9601 of the Internal Revenue Code of 18 1986; and 19 ‘‘(B) available as described in section 20 9008(i)(2) of such Code.’’. 21 SEC. 3. FUNDING FOR THE PEDIATRIC RESEARCH INITIA- 22 TIVE. 23 (a) IN GENERAL.—Section 402A(a)(2) of the Public 24 Health Service Act (42 U.S.C. 282a(a)(2)) is amended— 25 VerDate Sep 11 2014 22:05 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1521.IS S1521 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 1521 IS (1) in the paragraph heading, by striking ‘‘10- 1 YEAR’’; 2 (2) by striking ‘‘the Common Fund’’ and insert- 3 ing ‘‘the Division of Program Coordination, Plan- 4 ning, and Strategic Initiatives’’; 5 (3) by striking ‘‘10-Year’’; and 6 (4) by inserting before the period the following: 7 ‘‘, and amounts transferred into the Pediatric Re- 8 search Initiative Fund under subsection (h) of sec- 9 tion 30A of the Securities Exchange Act of 1934 (15 10 U.S.C. 78dd–1)’’. 11 (b) NIH DIRECTOR.—Section 402(b)(7)(B)(ii) of the 12 Public Health Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is 13 amended by striking ‘‘the Common Fund’’ and inserting 14 ‘‘the Division of Program Coordination, Planning, and 15 Strategic Initiatives’’. 16 (c) USE OF AMOUNTS FOR INITIATIVE.—Section 17 9008(i)(2) of the Internal Revenue Code of 1986 is 18 amended by striking ‘‘10-year’’. 19 SEC. 4. COORDINATION OF NIH FUNDING FOR PEDIATRIC 20 RESEARCH. 21 (a) SENSE OF CONGRESS.—It is the sense of Con- 22 gress that the Director of the National Institutes of 23 Health should oversee and coordinate research that is con- 24 ducted or supported by the National Institutes of Health 25 VerDate Sep 11 2014 22:05 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1521.IS S1521 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 1521 IS for research on pediatric cancer and other pediatric dis- 1 eases and conditions, including through the Pediatric Re- 2 search Initiative Fund. 3 (b) AVOIDING DUPLICATION.—Section 4 402(b)(7)(B)(ii) of the Public Health Service Act (42 5 U.S.C. 282(b)(7)(B)(ii)) is amended by inserting ‘‘and 6 shall prioritize such pediatric research that does not dupli- 7 cate existing research activities of the National Institutes 8 of Health’’ before ‘‘; and’’. 9 Æ VerDate Sep 11 2014 22:05 Jun 05, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6301 E:\BILLS\S1521.IS S1521 pbinns on DSKJLVW7X2PROD with BILLS