[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3115 Introduced in House (IH)]
106th CONGRESS
1st Session
H. R. 3115
To amend the Public Health Service Act with respect to the operation by
the National Institutes of Health of an experimental program to
stimulate competitive research.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 20, 1999
Mr. Istook (for himself, Mr. Dickey, and Mr. Wicker) introduced the
following bill; which was referred to the Committee on Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act with respect to the operation by
the National Institutes of Health of an experimental program to
stimulate competitive research.
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 ``National Institutes of Health EPSCoR
Program Act of 1999''.
SEC. 2. EPSCOR PROGRAM AT NATIONAL INSTITUTES OF HEALTH.
Part A of title IV of the Public Health Service Act (42 U.S.C. 281
et seq.) is amended--
(1) in section 402, by striking subsection (g) and
redesignating subsections (h) through (l) as subsections (g)
through (k); and
(2) by adding at the end the following section:
``experimental program to stimulate competitive research
``Sec. 404E. (a) In General.--
``(1) Enhancing research competitiveness of eligible
institutions.--The Director of NIH, acting through the Director
of the National Center for Research Resources, shall in
accordance with this section establish a program for the
purpose of enhancing the competitiveness of eligible
institutions in obtaining funds from the national research
institutes for conducting biomedical and behavioral research.
``(2) Eligible institutions; epscor states, committees, and
fiscal agents.--For purposes of this section:
``(A) The term `eligible institution' means a
research entity located in an EPSCoR State.
``(B) The term `research entity' means a non-
Federal entity that conducts biomedical or behavioral
research, including an individual or organization.
``(C) The term `EPSCoR State' means a State for
which--
``(i) the aggregate success rate for
applications submitted to the national research
institutes by research entities in the State
has historically constituted a low success rate
of obtaining funds from such institutes,
relative to such aggregate rate for research
entities in other States; or
``(ii) the average of the annual aggregate
amount of funds received for the five preceding
fiscal years by research entities in such State
pursuant to successful such applications was
not more than 1.08 percent of the total amount
that was received during such years by research
entities in the States under grants,
cooperative agreements, and contracts awarded
by the national research institutes to support
the conduct of biomedical and behavioral
research.
``(D)(i) The term `NIH EPSCoR committee' means,
with respect to an EPSCoR State, the single committee
established for the State under section 113 of the
National Science Foundation Authorization Act of 1988
(Public Law 100-570), except as provided in clause
(ii).
``(ii) A committee referred to in clause (i) is not
an NIH EPSCoR committee for a State for purposes of
this section unless, when such committee carries out
activities pursuant to this section, the following
conditions are met:
``(I) The membership of the committee
includes individuals who are representatives
from the principal nonprofit and for-profit
biomedical and behavioral research entities in
the State.
``(II) The Governor and the State
legislature of the State concurred in the
appointment of each of such representatives to
the committee.
``(III) The term of service for each of
such representatives is the same as the term of
office for the Governor of the State.
``(E) The term `EPSCoR State fiscal agent' means a
fiscal intermediary that has been approved by an NIH
EPSCoR committee for a State, and that acts on behalf
of such committee by submitting applications to the
Federal Government for awards of grants, cooperative
agreements, and contracts, and by disbursing amounts
from such awards.
``(b) Technical Assistance; Research Plans.--The Director of NIH
may under subsection (a) enhance the competitiveness of eligible
institutions through (directly or by grant or contract)--
``(1) providing technical assistance to such institutions,
including technical assistance in the preparation of
applications for obtaining funds from the national research
institutes;
``(2) assisting the institutions in developing a plan for
biomedical or behavioral research proposals; and
``(3) assisting the institutions in implementing such plan.
``(c) Formula Grants for Increasing Institutional Capacity.--
``(1) In general.--In the case of each EPSCoR State fiscal
agent that in accordance with paragraph (3) submits to the
Director of NIH an application for a fiscal year, the Director
shall under subsection (a) make an award of a grant or
cooperative agreement for the fiscal year to such agent for
disbursement to eligible institutions in such State to carry
out the purposes described in paragraph (2) (subject to amounts
being appropriated under subsection (e) for the fiscal year).
The grant shall consist of the allotment determined for the
State under paragraph (4).
``(2) Authorized expenditures.--The purposes referred to in
paragraph (1) with respect to an EPSCoR State are as follows:
``(A) Improving the capacity of eligible
institutions in the State to conduct biomedical and
behavioral research through providing for faculty-
related enhancement and development programs (or other
programs regarding professional staff); student
programs; training programs; obtaining equipment,
including instrumentation; obtaining facilities,
including the construction or renovation of facilities;
establishing collaborative professional relationships
with other public or private research entities; and
other programs or activities determined by the Director
of NIH to be appropriate.
``(B) Carrying out projects that will have
significant short-term impact with respect to improving
the capacity of the institutions to conduct biomedical
and behavioral research.
``(3) Application for grant; certain requirements.--An
application under paragraph (1) for an award for a fiscal year
regarding an EPSCoR State is in accordance with this paragraph
if the following conditions are met:
``(A) The application identifies the specific needs
of eligible institutions in the EPSCoR State with
respect to the purposes described in subparagraphs (A)
and (B) of paragraph (2), including identifying the
categories of research that are to receive priority.
``(B) The application contains a plan for obtaining
public or private funds (other than from awards under
paragraph (1)) to continue in effect the improvements
to be made with respect to such institutions pursuant
to the award.
``(C) The EPSCoR State fiscal agent agrees that,
not later than 60 days after the end of the fiscal
year, the agent will submit to the Director of NIH a
report describing the purposes for which the award was
obligated or expended.
``(D) The application meets such additional
requirements as the Director of NIH may establish,
except that the Director may not require that non-
Federal contributions be provided as a condition of
receiving the award.
``(E) The NIH EPSCoR committee for the State has
approved the application as adequately meeting the
conditions described in subparagraphs (A) through (D).
``(4) Amount of award.--For purposes of paragraph (1), an
allotment for an EPSCoR State for a fiscal year is determined
in accordance with this paragraph if the allotment is the
quotient of--
``(A) the amount appropriated under subsection (e)
and available for awards under paragraph (1); divided
by
``(B) the number of EPSCoR States for which
applications for awards under paragraph (1) for the
fiscal year are submitted in accordance with paragraph
(3).
``(d) EPSCoR Cofunding Program.--
``(1) In general.--The Director of NIH shall under
subsection (a) make awards of grants to eligible institutions
for the purpose of carrying out projects of research within
categories identified under subsection (c)(3)(A) as priorities
for the eligible institutions involved.
``(2) Cofunding.--
``(A) In general.--The Director of NIH may make an
award under paragraph (1) only if, in addition to such
award, the project involved will receive funding from
one or more other programs that are carried out by any
of the national research institutes (which other
programs are in this subsection referred to as
`Coprograms').
``(B) Allocation between programs.--Of the total
amount made available for a project of an eligible
institution pursuant to an award under paragraph (1)
and awards under the Coprograms involved, not more than
50 percent may be provided in the award under paragraph
(1).
``(3) Priorities.--In making awards under paragraph (1),
the Director of NIH shall give priority to the following
projects:
``(A) Projects whose principal researchers will be
individuals who have not previously served as principal
researchers of projects supported by any of the
national research institutes.
``(B) With respect to the process for peer review
of applications for awards, projects whose applications
under Coprograms were approved in such process but
whose rankings precluded the provision of awards.
``(C) Projects that involve multiple areas of
research, each of which areas has, at the eligible
institution involved, received funding under this
section.
``(4) Certain requirements.--An award under paragraph (1)
may be made only if the application for the award meets the
following requirements:
``(A) The application identifies the specific
activities to be carried out with respect to the
purpose described in paragraph (1).
``(B) The application meets such additional
requirements as the Director of NIH may establish.
``(C) The NIH EPSCoR committee for the State has
approved the application as meeting the requirements
under this paragraph, and as being consistent with the
strategy adopted by the State with respect to the
purpose described in subsection (a)(1).
``(e) Funding.--
``(1) Authorization of appropriations.--For the purpose of
carrying out this section, there are authorized to be
appropriated $200,000,000 for fiscal year 2000, and such sums
as may be necessary for each of the fiscal years 2001 through
2004.
``(2) Allocation regarding technical assistance and
research plans.--Of the amounts appropriated under paragraph
(1) for a fiscal year, the Director of NIH shall reserve 10
percent for carrying out subsection (b).
``(3) Allocation regarding formula grants for increasing
institutional capacity; allocation regarding cofunding
program.--Of the amounts appropriated under paragraph (1) for a
fiscal year and available after compliance with paragraph (2),
the Director of NIH shall reserve 50 percent for awards under
subsection (c) and 50 percent for awards under subsection
(d)(1).
``(4) Additional funding for cofunding program.--In
addition to amounts reserved under paragraph (3) for making
awards under subsection (d)(1), the Director of NIH shall
reserve for making such awards all savings in the indirect
costs of projects of research supported by the national
research institutes that are achieved as a result of carrying
out projects in EPSCoR States rather than in other States.''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Commerce.
Referred to the Subcommittee on Health and Environment.
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