I 

113TH CONGRESS 

2D SESSION H. R. 5820 

To amend title IV of the Public Health Service Act to allocate additional 

funding through the Common Fund for research by emerging scientists. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 9, 2014 

Mr. HARRIS introduced the following bill; which was referred to the Committee 

on Energy and Commerce 

A BILL 

To amend title IV of the Public Health Service Act to 

allocate additional funding through the Common Fund 

for research by emerging scientists. 

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 ‘‘YES to Cures Act of 

5 2014’’. 

6 SEC. 2. FUNDING RESEARCH BY EMERGING SCIENTISTS 

7 THROUGH COMMON FUND. 

8 (a) USE OF FUNDS.—Section 402(b)(7)(B) of the 

9 Public Health Service Act (42 U.S.C. 282) is amended— 

10 (1) in clause (i), by striking ‘‘and’’ at the end; 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 5820 IH

1 (2) by redesignating clause (ii) as clause (iii); 

2 and 

3 (3) by inserting after clause (i) the following: 

4 ‘‘(ii) shall, with respect to funds reserved under 

5 section 402A(c)(1)(C) for the Common Fund, allo6 cate such funds to the national research institutes 

7 and national centers for conducting and supporting 

8 research that is identified under subparagraph (A) 

9 and is carried out by one or more emerging sci10 entists (as defined in section 402A(c)(1)(C)(iv)); 

11 and’’. 

12 (b) RESERVATION OF FUNDS.—Section 402A(c)(1) 

13 of the Public Health Service Act (42 U.S.C. 282a(c)(1)) 

14 is amended— 

15 (1) by redesignating subparagraphs (C) and 

16 (D) as subparagraphs (D) and (E), respectively; and 

17 (2) by inserting after subparagraph (B) the fol18 lowing: 

19 ‘‘(C) ADDITIONAL RESERVATION FOR RE20 SEARCH BY EMERGING SCIENTISTS.— 

21 ‘‘(i) INAPPLICABILITY OF TAP FOR

22 EVALUATION ACTIVITIES.—Beginning with 

23 fiscal year 2015, funds appropriated to the 

24 National Institutes of Health shall not be 

25 subject to section 241. 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 5820 IH

1 ‘‘(ii) RESERVATION.—In addition to 

2 the amounts reserved for the Common 

3 Fund under subparagraph (B) and 

4 amounts appropriated to the Common 

5 Fund under subsection (a)(2), the Director 

6 of NIH shall reserve an amount for the 

7 Common Fund for fiscal year 2015 and 

8 each subsequent fiscal year that is equal to 

9 the amount that, but for clause (i), would 

10 be made available under section 241 for 

11 evaluation activities for such fiscal year. 

12 ‘‘(iii) PURPOSE OF RESERVATION.— 

13 Amounts reserved under clause (ii) shall be 

14 used for the purpose of carrying out sec15 tion 402(b)(7)(B)(ii) (relating to the con16 duct and support of research that is identi17 fied under section 402A(b)(7)(A) and is 

18 carried out by one or more emerging sci19 entists). 

20 ‘‘(iv) DEFINITION.—In this subpara21 graph, the term ‘emerging scientist’ means 

22 an investigator who— 

23 ‘‘(I) will be the principal investi24 gator or the program director of the 

25 proposed research; 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 5820 IH

1 ‘‘(II) has never been awarded, or 

2 has been awarded only once, a sub3 stantial, competing grant by the Na4 tional Institutes of Health for inde5 pendent research; and 

6 ‘‘(III) is within 15 years of hav7 ing completed— 

8 ‘‘(aa) the investigator’s ter9 minal degree; or 

10 ‘‘(bb) a medical residency 

11 (or the equivalent).’’. 

12 (c) SUPPLEMENT, NOT SUPPLANT; PROHIBITION

13 AGAINST TRANSFER.—Funds reserved pursuant to sec14 tion 402A(c)(1)(C) of the Public Health Service Act, as 

15 added by subsection (b)— 

16 (1) shall be used to supplement, not supplant, 

17 the funds otherwise allocated by the National Insti18 tutes of Health for young investigators; and 

19 (2) notwithstanding any transfer authority in 

20 any appropriation Act, shall not be used for any 

21 purpose other than allocating funds as described in 

22 section 402(b)(7)(B)(ii) of the Public Health Service 

23 Act, as added by subsection (a). 

24 (d) CONFORMING AMENDMENTS.— 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 5820 IH

1 (1) Section 241(a) of the Public Health Service 

2 Act (42 U.S.C. 238j(a)) is amended by striking 

3 ‘‘Such portion’’ and inserting ‘‘Subject to section 

4 402A(c)(1)(C)(i), such portion’’. 

5 (2) Section 402A(a)(2) of the Public Health 

6 Service Act is amended— 

7 (A) by striking ‘‘402(b)(7)(B)(ii)’’ and in8 serting ‘‘402(b)(7)(B)(iii)’’; and 

9 (B) by striking ‘‘reserved under subsection 

10 (c)(1)(B)(i)’’ and inserting ‘‘reserved under 

11 subparagraph (B)(i) or (C)(ii) of subsection 

12 (c)(1)’’. 

13 (3) Section 3(c)(2) of the Gabriella Miller Kids 

14 First Research Act (Public Law 113–94) is amended 

15 by striking ‘‘402(b)(7)(B)(ii) of the Public Health 

16 Service Act, as added by subsection (a)’’ and insert17 ing ‘‘402(b)(7)(B)(iii) of the Public Health Service 

18 Act, as added by subsection (a) and redesignated by 

19 section 2(a) of the YES to Cures Act of 2014’’. 

20 (e) RULE OF CONSTRUCTION.—Nothing in this Act 

21 (and the amendments made by this Act) is intended to 

22 affect the amount of funds authorized to be appropriated 

23 to the Agency for Healthcare Research and Quality. 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 5820 IH

1 SEC. 3. REPORT ON TRENDS IN AGE OF RECIPIENTS OF 

2 NIH-FUNDED MAJOR RESEARCH GRANTS. 

3 Not later than six months after the date of enactment 

4 of this Act, the Director of the National Institutes of 

5 Health shall submit a report to the Congress— 

6 (1) explaining why, over the 30-year period pre7 ceding the enactment of this Act— 

8 (A) there has been a substantial increase 

9 in the age of investigators receiving their first 

10 major research grant from the National Insti11 tutes of Health; 

12 (B) there has been a substantial increase 

13 in the average age of all recipients of major re14 search grants from the National Institutes of 

15 Health; and 

16 (C) there has been a dramatic drop in the 

17 number of investigators under 40 years of age 

18 receiving major research grants from the Na19 tional Institutes of Health; and 

20 (2) describing— 

21 (A) the steps taken by the National Insti22 tutes of Health in recent years to address the 

23 trends identified in paragraph (1); and 

24 (B) the impact of taking such steps. 

Æ 


smartinez on DSK4TPTVN1PROD with BILLS