I 

117TH CONGRESS 

1ST SESSION H. R. 623 

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 

JANUARY 28, 2021 

Ms. WEXTON (for herself, Mr. COLE, Mr. WELCH, Mr. BILIRAKIS, Mr. 

MCKINLEY, Mr. BUTTERFIELD, Mr. CONNOLLY, Mr. COHEN, Mr. 

CA ́RDENAS, Ms. BARRAGA ́N, Mr. O’HALLERAN, Ms. SPANBERGER, Mr. 

MULLIN, Mr. EVANS, Ms. SCANLON, Mr. TONKO, Ms. MATSUI, and Ms. 

PRESSLEY) introduced 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 purposes. 

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


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Gabriella Miller Kids 

3 First Research Act 2.0’’. 

4 SEC. 2. TRANSFER OF FUNDS TO THE PEDIATRIC RE5 SEARCH INITIATIVE. 

6 Section 30A of the Securities Exchange Act of 1934 

7 (15 U.S.C. 78dd–1) is amended by adding at the end the 

8 following: 

9 ‘‘(h) TRANSFER OF AMOUNTS.— 

10 ‘‘(1) IN GENERAL.—Except as provided under 

11 section 21F(g)(3), the Secretary of the Treasury 

12 shall transfer to the Pediatric Research Initiative 

13 Fund described in section 9008(i)(2) of the Internal 

14 Revenue Code of 1986 (the ‘Fund’), an amount 

15 equal to the sum of all civil monetary sanctions, in16 cluding penalties, disgorgement, and interest, recov17 ered under this section, section 13(b)(2), or section 

18 32(c), including pursuant to any settlement agree19 ment or other resolution with the Commission, from 

20 persons— 

21 ‘‘(A) registered under section 510(b)(1) or 

22 section 510(i)(1)(A)(i) of the Federal Food, 

23 Drug, and Cosmetic Act; 

24 ‘‘(B) that produce, manufacture, sell, 

25 transport, or distribute dietary supplements (as 


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1 defined in section 201(ff) of the Federal Food, 

2 Drug, and Cosmetic Act); or 

3 ‘‘(C) that produce, manufacture, sell, 

4 transport, or distribute cosmetics (as defined in 

5 section 201(i) of the Federal Food, Drug, and 

6 Cosmetic Act). 

7 ‘‘(2) EXCEPTION FOR FUNDS TO BE PAID TO

8 HARMED INVESTORS.—Paragraph (1) shall not 

9 apply to any monetary sanction collected by the 

10 Commission in any judicial or administrative action 

11 brought by the Commission under the securities laws 

12 that is added to a disgorgement fund or other fund 

13 under section 308 of the Sarbanes-Oxley Act of 

14 2002 (15 U.S.C. 7246). 

15 ‘‘(3) APPLICATION.—Amounts transferred to 

16 the Fund under this subsection shall— 

17 ‘‘(A) be transferred in the manner de18 scribed under section 9601 of the Internal Rev19 enue Code of 1986; and 

20 ‘‘(B) be available as described in section 

21 9008(i)(2) of such Code.’’. 

22 SEC. 3. FUNDING FOR THE PEDIATRIC RESEARCH INITIA23 TIVE. 

24 (a) Section 402A(a)(2) of the Public Health Service 

25 Act (42 U.S.C. 282a(a)(2)) is amended— 


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1 (1) in the heading, by striking ‘‘10-YEAR’’; 

2 (2) by striking ‘‘the Common Fund’’ and insert3 ing ‘‘the Division of Program Coordination, Plan4 ning, and Strategic Initiatives’’; 

5 (3) by striking ‘‘10-Year’’; and 

6 (4) by inserting before the period the following: 

7 ‘‘, and amounts transferred into the Pediatric Re8 search Initiative Fund under section 30A(h) of the 

9 Securities Exchange Act of 1934’’. 

10 (b) Section 402(b)(7)(B)(ii) of the Public Health 

11 Service Act (42 U.S.C. 282(b)(7)(B)(ii)) is amended by 

12 striking ‘‘the Common Fund’’ and inserting ‘‘the Division 

13 of Program Coordination, Planning, and Strategic Initia14 tives’’. 

15 (c) Section 9008(i)(2) of the Internal Revenue Code 

16 of 1986 is amended by striking ‘‘10-year’’. 

17 SEC. 4. COORDINATION OF NIH FUNDING FOR PEDIATRIC 

18 RESEARCH. 

19 (a) SENSE OF CONGRESS.—It is the sense of the Con20 gress that the Director of the National Institutes of 

21 Health should oversee and coordinate research that is con22 ducted or supported by the National Institutes of Health 

23 for research on pediatric cancer and other pediatric dis24 eases and conditions, including through the Pediatric Re25 search Initiative Fund. 


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1 (b) AVOIDING DUPLICATION.—Section 

2 402(b)(7)(B)(ii) of the Public Health Service Act (42 

3 U.S.C. 282(b)(7)(B)(ii)) is amended by inserting ‘‘and 

4 shall prioritize such pediatric research that does not dupli5 cate existing research activities of the National Institutes 

6 of Health’’ before ‘‘; and’’. 

Æ 


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