Gabriella Miller Kids First Research Act 2.0

I 116TH CONGRESS 2D SESSION H. R. 6556 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 HOUSE OF REPRESENTATIVES APRIL 17, 2020 Ms. WEXTON (for herself, Mr. COLE, Mr. WELCH, and Mr. BILIRAKIS) intro- duced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 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 19:16 Apr 23, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6556.IH H6556 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6556 IH SEC. 2. TRANSFER OF FUNDS TO THE 10-YEAR PEDIATRIC 1 RESEARCH 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.—With respect to civil mone- 7 tary sanctions, including penalties, disgorgement, 8 and interest, recovered under this section, section 9 13(b)(2), or section 32(c) from persons registered 10 under section 510(b)(1) or section 510(i)(1)(A)(i) of 11 the Federal Food, Drug, and Cosmetic Act, the Sec- 12 retary of the Treasury shall transfer to the 10-Year 13 Pediatric Research Initiative Fund described in sec- 14 tion 9008(i)(2) of the Internal Revenue Code of 15 1986 (the ‘Fund’), an amount equal to the sum of 16 all such sanctions. 17 ‘‘(2) EXCEPTION FOR FUNDS TO BE PAID TO 18 HARMED INVESTORS.—Paragraph (1) shall not 19 apply to any monetary sanction collected by the 20 Commission in any judicial or administrative action 21 brought by the Commission under the securities laws 22 that is added to a disgorgement fund or other fund 23 under section 308 of the Sarbanes-Oxley Act of 24 2002 (15 U.S.C. 7246) or otherwise distributed to 25 VerDate Sep 11 2014 19:16 Apr 23, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6556.IH H6556 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6556 IH victims of a violation of the securities laws, or the 1 rules and regulations thereunder. 2 ‘‘(3) APPLICATION.—Amounts transferred to 3 the Fund under this subsection shall— 4 ‘‘(A) be transferred in the manner de- 5 scribed under section 9601 of the Internal Rev- 6 enue Code of 1986; and 7 ‘‘(B) be available as described in section 8 9008(i)(2) of such Code.’’. 9 SEC. 3. FUNDING FOR THE 10-YEAR PEDIATRIC RESEARCH 10 INITIATIVE. 11 Section 402A(a)(2) of the Public Health Service Act 12 (42 U.S.C. 282a(a)(2)) is amended by inserting before the 13 period the following: ‘‘, and amounts transferred into the 14 10-Year Pediatric Research Initiative Fund under section 15 30A(h) of the Securities Exchange Act of 1934’’. 16 SEC. 4. COORDINATION OF NIH FUNDING FOR PEDIATRIC 17 RESEARCH. 18 (a) SENSE OF CONGRESS.—It is the sense of the Con- 19 gress that the Director of the National Institutes of 20 Health should oversee and coordinate research that is con- 21 ducted or supported by the National Institutes of Health 22 for research on pediatric cancer and other pediatric dis- 23 eases and conditions, including through the 10-Year Pedi- 24 atric Research Initiative Fund. 25 VerDate Sep 11 2014 19:16 Apr 23, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6556.IH H6556 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6556 IH (b) AVOIDING DUPLICATION.—Section 1 402(b)(7)(B)(ii) of the Public Health Service Act (42 2 U.S.C. 282(b)(7)(B)(ii)) is amended by inserting ‘‘and 3 shall prioritize such pediatric research that does not dupli- 4 cate existing research activities of the National Institutes 5 of Health’’ before ‘‘; and’’. 6 Æ VerDate Sep 11 2014 19:16 Apr 23, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H6556.IH H6556 pamtmann on DSKBC07HB2PROD with BILLS