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Referenced Laws
15 U.S.C. 78dd–1
section 9008(i)(2)
21 U.S.C. 360
21 U.S.C. 321(ff)
15 U.S.C. 7246
section 9601
42 U.S.C. 282a(a)(2)
42 U.S.C. 282(b)(7)(B)(ii)
Section 1
1. Short title This Act may be cited as the Gabriella Miller Kids First Research Act 2.0.
Section 2
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: 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— 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); 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); 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 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))). 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). Amounts transferred to the Fund under this subsection shall be— transferred in the manner described in section 9601 of the Internal Revenue Code of 1986; and available as described in section 9008(i)(2) of such Code. (h)Transfer of amounts(1)In generalExcept 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 investorsParagraph (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)ApplicationAmounts 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..
Section 3
3. Funding for the Pediatric Research Initiative Section 402A(a)(2) of the Public Health Service Act (42 U.S.C. 282a(a)(2)) is amended— in the paragraph heading, by striking 10-year; by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives; by striking 10-Year; and 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). 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. Section 9008(i)(2) of the Internal Revenue Code of 1986 is amended by striking 10-year.
Section 4
4. Coordination of NIH funding for pediatric research 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. 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 grants and inserting awards; and by inserting and shall prioritize such pediatric research that does not duplicate existing research activities of the National Institutes of Health before ; and.
Section 5
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— 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 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)).
Section 6
1. Short title This Act may be cited as the Gabriella Miller Kids First Research Act 2.0.
Section 7
2. Funding for the Pediatric Research Initiative Section 402A(a)(2) of the Public Health Service Act (42 U.S.C. 282a(a)(2)) is amended— in the paragraph heading, by striking 10-year; by striking the Common Fund and inserting the Division of Program Coordination, Planning, and Strategic Initiatives; by striking 10-Year; and by striking this section, $12,600,000 for each of fiscal years 2014 through 2023. and inserting “this section— $12,600,000 for fiscal year 2024; $15,100,000 for each of fiscal years 2025 and 2026; $17,600,000 for each of fiscal years 2027 and 2028; $20,100,000 for each of fiscal years 2029 and 2030; $22,600,000 for each of fiscal years 2031 and 2032; and $25,000,000 for fiscal year 2033. 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. Section 9008(i)(2) of the Internal Revenue Code of 1986 is amended by striking 10-year. (A)$12,600,000 for fiscal year 2024;(B)$15,100,000 for each of fiscal years 2025 and 2026;(C)$17,600,000 for each of fiscal years 2027 and 2028;(D)$20,100,000 for each of fiscal years 2029 and 2030;(E)$22,600,000 for each of fiscal years 2031 and 2032; and(F)$25,000,000 for fiscal year 2033..
Section 8
3. Coordination of NIH funding for pediatric research 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. 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 grants and inserting awards; and by inserting and shall prioritize such pediatric research that does not duplicate existing research activities of the National Institutes of Health before ; and.
Section 9
4. 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— 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 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)).