7-27-05, Bill Passed Senate by Unanimous Consent
Referred to House

July 28, 2005

Referred to the Committee on Energy and Commerce

To make improvements in the Foundation for the National Institutes of Health.

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)';

(B) in paragraph (4)--

(i) in subparagraph (A), by inserting `, including an accounting of the use of amounts transferred under subsection (l)' before the period at the end; and

(ii) by striking subparagraph (C) and inserting the following:

`(C) The Foundation shall make copies of each report submitted under subparagraph (A) available--

`(i) for public inspection, and shall upon request provide a copy of the report to any individual for a charge that shall not exceed the cost of providing the copy; and

`(ii) to the appropriate committees of Congress.'; and

(C) 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 not less than $500,000 and not more than $1,250,000 to the Foundation.'.

Passed the Senate July 27, 2005.

Attest:

EMILY J. REYNOLDS,

Secretary.

END