I 

118TH CONGRESS 

1ST SESSION H. R. 1768 

To replace the National Institute of Allergy and Infectious Diseases with 

3 separate national research institutes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 23, 2023 

Mr. ROY (for himself, Mrs. MILLER of Illinois, Mr. GOSAR, Mr. JACKSON of 

Texas, Ms. HAGEMAN, Mrs. BOEBERT, Mr. BIGGS, Mr. BURLISON, Mr. 

ROSENDALE, Mr. BRECHEEN, Mrs. LUNA, Mr. BISHOP of North Carolina, Mr. GAETZ, Mr. STEUBE, Mr. GOODEN of Texas, and Mr. GOOD

of Virginia) introduced the following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To replace the National Institute of Allergy and Infectious 

Diseases with 3 separate national research institutes. 

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 ‘‘NIH Reform Act’’. 


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1 SEC. 2. DIVISION OF NATIONAL INSTITUTE OF ALLERGY 

2 AND INFECTIOUS DISEASES. 

3 (a) ORGANIZATION OF NATIONAL RESEARCH INSTI4 TUTES.—Section 401 of the Public Health Service Act (42 

5 U.S.C. 281) is amended— 

6 (1) in subsection (b)— 

7 (A) in paragraph (6), by striking ‘‘Allergy 

8 and Infectious Diseases’’ and inserting ‘‘Aller9 gic Diseases’’; 

10 (B) by redesignating paragraph (25) as 

11 paragraph (27); and 

12 (C) by inserting after paragraph (24) the 

13 following: 

14 ‘‘(25) The National Institute of Infectious Dis15 eases. 

16 ‘‘(26) The National Institute of Immunologic 

17 Diseases.’’; and 

18 (2) in subsection (d)(1), by striking ‘‘27’’ and 

19 inserting ‘‘29’’. 

20 (b) APPOINTMENT OF DIRECTORS.— 

21 (1) IN GENERAL.—Section 405(a)(1) of the 

22 Public Health Service Act (42 U.S.C. 284(a)(1)) is 

23 amended— 

24 (A) by inserting ‘‘, the Director of the Na25 tional Institute of Allergic Diseases, the Direc26 tor of the National Institute of Infectious DisVerDate Sep 11 2014 22:41 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1768.IH H1768

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1 eases, and the Director of the National Insti2 tute of Immunologic Diseases’’ after ‘‘National 

3 Cancer Institute’’; and 

4 (B) by inserting ‘‘by and with the advice 

5 and consent of the Senate,’’ after ‘‘the Presi6 dent,’’. 

7 (2) TERMS.—Section 405(a) of the Public 

8 Health Service Act (42 U.S.C. 284(a)) is amended 

9 by adding at the end the following: 

10 ‘‘(4) CERTAIN APPOINTMENTS BY THE PRESI11 DENT.—The appointments by the President of the 

12 Director of the National Institute of Allergic Dis13 eases, the Director of the National Institute of In14 fectious Diseases, and the Director of the National 

15 Institute of Immunologic Diseases shall be for terms 

16 of 5 years. Each such Director may be reappointed 

17 for not more than 1 additional term, in accordance 

18 paragraph (1).’’. 

19 (3) TRANSITION.—Effective on the date of en20 actment of this Act, the position of Director of the 

21 National Institute of Allergy and Infectious Diseases 

22 is terminated, and the National Institute of Allergic 

23 Diseases, the National Institute of Infectious Dis24 eases, and the National Institute of Immunologic 

25 Diseases shall be overseen by the Director of the 


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1 National Institutes of Health until such time as the 

2 directors of each such national institutes is ap3 pointed pursuant to section 405(a)(1) of the Public 

4 Health Service Act (42 U.S.C. 284(a)(1)), as 

5 amended by paragraph (1). 

6 (c) DUTIES OF THE NATIONAL INSTITUTES.— 

7 (1) NATIONAL INSTITUTE OF ALLERGIC DIS8 EASES.—Subpart 6 of part C of title IV of the Pub9 lic Health Service Act (42 U.S.C. 285f et seq.) is 

10 amended— 

11 (A) in the subpart heading, by striking 

12 ‘‘Allergy and Infectious Diseases’’ and 

13 inserting ‘‘Allergic Diseases’’; and 

14 (B) in section 446— 

15 (i) by striking ‘‘Allergy and Infectious 

16 Diseases’’ and inserting ‘‘Allergic Dis17 eases’’; and 

18 (ii) by striking ‘‘allergic and 

19 immunologic diseases and disorders and in20 fectious diseases, including tropical dis21 eases’’ and inserting ‘‘allergic diseases and 

22 disorders’’. 

23 (2) NATIONAL INSTITUTE OF INFECTIOUS DIS24 EASES.— 


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1 (A) IN GENERAL.—Part C of title IV of 

2 the Public Health Service Act (42 U.S.C. 285 

3 et seq.) is amended by adding at the end the 

4 following: 

5 ‘‘Subpart 21—National Institute of Infectious 

6 Diseases 

7 ‘‘SEC. 464z–10. PURPOSE OF THE INSTITUTE. 

8 ‘‘The general purpose of the National Institute of In9 fectious Diseases is the conduct and support of research, 

10 training, health information dissemination, and other pro11 grams with respect to infectious diseases, including trop12 ical diseases.’’. 

13 (B) TRANSFER OF AUTHORITIES.—Sec14 tions 447A and 447B of the Public Health 

15 Service Act (42 U.S.C. 285f–2; 285f–3) are— 

16 (i) redesignated as sections 464z–11 

17 and 464–12, respectively; and 

18 (ii) transferred to appear after section 

19 464z–10 of such Act, as added by subpara20 graph (A). 

21 (C) ORDERLY TRANSITION.—The Director 

22 of the National Institutes of Health shall take 

23 such steps as are necessary to provide for the 

24 orderly transition to the authority of the Na25 tional Institute of Infectious Diseases estabVerDate Sep 11 2014 22:41 Apr 06, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1768.IH H1768

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1 lished under section 464z–10 of the Public 

2 Health Service Act, as added by subparagraph 

3 (A), from any authority related to infectious 

4 diseases of the National Institute of Allergy and 

5 Infectious Diseases, as in effect on the day be6 fore the date of enactment of this Act. 

7 (3) NATIONAL INSTITUTE OF IMMUNOLOGIC

8 DISEASES.— 

9 (A) IN GENERAL.—Part C of title IV of 

10 the Public Health Service Act (42 U.S.C. 285 

11 et seq.), as amended by paragraph (2), is fur12 ther amended by adding at the end the fol13 lowing: 

14 ‘‘Subpart 22—National Institute of Immunologic 

15 Diseases 

16 ‘‘SEC. 464z–15. PURPOSE OF THE INSTITUTE. 

17 ‘‘The general purpose of the National Institute of 

18 Immunologic Diseases is the conduct and support of re19 search, training, health information dissemination, and 

20 other programs with respect to immunologic diseases and 

21 disorders.’’. 

22 (B) TRANSFER OF AUTHORITIES.—Sec23 tions 447 and 447C of the Public Health Serv24 ice Act (42 U.S.C. 285f–1; 285f–4) are— 


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1 (i) redesignated as sections 464z–16 

2 and 464z–17, respectively; and 

3 (ii) transferred to appear after section 

4 464z–15 of such Act, as added by subpara5 graph (A). 

6 (C) ORDERLY TRANSITION.—The Director 

7 of the National Institutes of Health shall take 

8 such steps as are necessary to provide for the 

9 orderly transition to the authority of the Na10 tional Institute of Immunologic Diseases estab11 lished under section 464z–15 of the Public 

12 Health Service Act, as added by subparagraph 

13 (A), from any authority related to immunologic 

14 diseases and disorders of the National Institute 

15 of Allergy and Infectious Diseases, as in effect 

16 on the day before the date of enactment of this 

17 Act. 

18 (d) CONFORMING AMENDMENTS.— 

19 (1) Section 404B of the Public Health Service 

20 Act (42 U.S.C. 283d) is amended by striking ‘‘Na21 tional Institute for Allergy and Infectious Diseases’’ 

22 and inserting ‘‘National Institute for Infectious Dis23 eases’’. 

24 (2) Section 404I of the Public Health Service 

25 Act (42 U.S.C. 283k) is amended— 


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1 (A) in subsection (a)(1), by striking ‘‘or 

2 the Director of the National Institute for Al3 lergy and Infectious Diseases’’; and 

4 (B by striking ‘‘or the National Institute 

5 for Allergy and Infectious Diseases’’ each place 

6 it appears. 

7 (3) Section 442A(a) of the Public Health Serv8 ice Act (42 U.S.C. 285d–8(a)) is amended by strik9 ing ‘‘Allergy and Infectious Diseases’’ and inserting 

10 ‘‘Immunologic Diseases’’. 

11 (4) Any reference in any law (including a regu12 lation), guidance, map, document, record, or other 

13 paper of the United States to the National Institute 

14 of Allergy and Infectious Diseases, including with re15 spect to the Director of such Institute, shall be 

16 deemed to be a reference to, as applicable, the Na17 tional Institute of Allergic Diseases, the National In18 stitute of Infectious Diseases, or the National Insti19 tute of Immunologic Diseases, including with respect 

20 to the Directors of such Institutes. 

Æ 


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