II 

Calendar No. 117 

109TH CONGRESS 

1ST SESSION S. 302 

[Report No. 109–75] 

To make improvements in the Foundation for the National Institutes of 

Health. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 7, 2005 

Mr. KENNEDY (for himself, Mr. GREGG, Mr. ENZI, Mr. FRIST, Mr. BINGAMAN, and Mr. DEWINE) introduced the following bill; which was read 

twice and referred to the Committee on Health, Education, Labor, and 

Pensions 

MAY 26, 2005 

Reported by Mr. ENZI, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To make improvements in the Foundation for the National 

Institutes of Health. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foundation for the 

5 National Institutes of Health Improvement Act’’. 
2 

•S 302 RS 

1 SEC. 2. NATIONAL INSTITUTES OF HEALTH ESTABLISH2 MENT AND DUTIES. 

3 Section 499 of the Public Health Service Act (42 

4 U.S.C. 290b) is amended— 

5 (1) in subsection (d)— 

6 (A) in paragraph (1)— 

7 (i) by amending subparagraph (D)(ii) 

8 to read as follows: 

9 ‘‘(ii) Upon the appointment of the ap10 pointed members of the Board under clause 

11 (i)(II), the terms of service as members of the 

12 Board of the ex officio members of the Board 

13 described in clauses (i) and (ii) of subparagraph 

14 (B) shall terminate. The ex officio members of 

15 the Board described in clauses (iii) and (iv) of 

16 subparagraph (B) shall continue to serve as ex 

17 officio members of the Board.’’; and 

18 (ii) in subparagraph (G), by inserting 

19 ‘‘appointed’’ after ‘‘that the number of’’; 

20 (B) by amending paragraph (3)(B) to read 

21 as follows: 

22 ‘‘(B) Any vacancy in the membership of 

23 the appointed members of the Board shall be 

24 filled in accordance with the bylaws of the 

25 Foundation established in accordance with 

26 paragraph (6), and shall not affect the power of 
3 

•S 302 RS 

1 the remaining appointed members to execute 

2 the duties of the Board.’’; and 

3 (C) in paragraph (5), by inserting ‘‘ap4 pointed’’ after ‘‘majority of the’’; 

5 (2) in subsection (j)— 

6 (A) in paragraph (2), by striking 

7 ‘‘(d)(2)(B)(i)(II)’’ and inserting ‘‘(d)(6)’’; and 

8 (B) in paragraph (10), by striking ‘‘of 

9 Health.’’ and inserting ‘‘of Health and the Na10 tional Institutes of Health may accept transfers 

11 of funds from the Foundation.’’; and 

12 (3) by striking subsection (l) and inserting the 

13 following: 

14 ‘‘(l) FUNDING.—From amounts appropriated to the 

15 National Institutes of Health, for each fiscal year, the Di16 rector of NIH shall transfer not less than $500,000 to 

17 the Foundation.’’. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘Foundation for the Na20 tional Institutes of Health Improvement Act’’. 

21 SEC. 2. NATIONAL INSTITUTES OF HEALTH ESTABLISH22 MENT AND DUTIES. 

23 Section 499 of the Public Health Service Act (42 

24 U.S.C. 290b) is amended— 

25 (1) in subsection (d)— 
4 

•S 302 RS 

1 (A) in paragraph (1)— 

2 (i) by amending subparagraph (D)(ii) 

3 to read as follows: 

4 ‘‘(ii) Upon the appointment of the ap5 pointed members of the Board under clause 

6 (i)(II), the terms of service as members of the 

7 Board of the ex officio members of the Board de8 scribed in clauses (i) and (ii) of subparagraph 

9 (B) shall terminate. The ex officio members of 

10 the Board described in clauses (iii) and (iv) of 

11 subparagraph (B) shall continue to serve as ex 

12 officio members of the Board.’’; and 

13 (ii) in subparagraph (G), by inserting 

14 ‘‘appointed’’ after ‘‘that the number of’’; 

15 (B) by amending paragraph (3)(B) to read 

16 as follows: 

17 ‘‘(B) Any vacancy in the membership of the 

18 appointed members of the Board shall be filled in 

19 accordance with the bylaws of the Foundation es20 tablished in accordance with paragraph (6), and 

21 shall not affect the power of the remaining ap22 pointed members to execute the duties of the 

23 Board.’’; and 

24 (C) in paragraph (5), by inserting ‘‘ap25 pointed’’ after ‘‘majority of the’’; 
5 

•S 302 RS 

1 (2) in subsection (j)— 

2 (A) in paragraph (2), by striking 

3 ‘‘(d)(2)(B)(i)(II)’’ and inserting ‘‘(d)(6)’’; 

4 (B) in paragraph (4)— 

5 (i) in subparagraph (A), by inserting 

6 ‘‘, including an accounting of the use of 

7 amounts transferred under subsection (l)’’ 

8 before the period at the end; and 

9 (ii) by striking subparagraph (C) and 

10 inserting the following: 

11 ‘‘(C) The Foundation shall make copies of 

12 each report submitted under subparagraph (A) 

13 available— 

14 ‘‘(i) for public inspection, and shall 

15 upon request provide a copy of the report to 

16 any individual for a charge that shall not 

17 exceed the cost of providing the copy; and 

18 ‘‘(ii) to the appropriate committees of 

19 Congress.’’; and 

20 (C) in paragraph (10), by striking ‘‘of 

21 Health.’’ and inserting ‘‘of Health and the Na22 tional Institutes of Health may accept transfers 

23 of funds from the Foundation.’’; and 

24 (3) by striking subsection (l) and inserting the 

25 following: 
6 

•S 302 RS 

1 ‘‘(l) FUNDING.—From amounts appropriated to the 

2 National Institutes of Health, for each fiscal year, the Di3 rector of NIH shall transfer not less than $500,000 and not 

4 more than $1,250,000 to the Foundation.’’. 

Calendar No. 117 

109TH CONGRESS 

1ST SESSION S. 302 

[Report No. 109–75] 

A BILL 

To make improvements in the Foundation for the 

National Institutes of Health. 

MAY 26, 2005 

Reported with an amendment