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106th CONGRESS
2d Session
H. R. 5419
To amend the Public Health Service Act to establish a demonstration
project at the National Cancer Institute to provide funding for
research concerning the prevention, diagnosis, treatment, and cure for
cancer.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 6, 2000
Ms. Pryce of Ohio (for herself and Mrs. Capps) introduced the following
bill; which was referred to the Committee on Commerce
_______________________________________________________________________
A BILL
To amend the Public Health Service Act to establish a demonstration
project at the National Cancer Institute to provide funding for
research concerning the prevention, diagnosis, treatment, and cure for
cancer.
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 ``Millennium Cancer Research Act''.
SEC. 2. NATIONAL CANCER INSTITUTE DEMONSTRATION PROGRAM.
Subpart 1 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285 et seq.) is amended--
(1) by redesignating section 417B as section 417C; and
(2) by inserting after section 417A, the following:
``SEC. 417B. DEMONSTRATION PROJECT FOR MORE EFFECTIVE RESEARCH.
``(a) Establishment.--The Director of the Institute shall establish
a demonstration project under which the Institute shall provide for the
conduct of research through an infrastructure that fosters scientific
creativity and increases fundamental biological understanding leading
to the prevention, diagnosis, treatment, and cure of cancer.
``(b) Authorized Activities.--Under the demonstration project under
subsection (a), the Director of the Institute shall--
``(1) establish efficient and cost-effective research
processes and management practices that eliminate redundant
business practices and provide for ongoing and rigorous
oversight to ensure both quality management and quality
science;
``(2) develop a management plan that outlines, in a clear
and concise manner, the--
``(A) improvements that will be made under the
demonstration project in the research practices of the
Institute;
``(B) benefits to be achieved through such
improvements;
``(C) required modifications to existing rules and
regulations that are necessary to carry out the
management plan; and
``(D) processes that will be used to implement the
required modifications;
``(3) establish formal review, oversight, and management
control procedures to ensure the effective implementation and
execution of the management plan; and
``(4) carry out the demonstration project using amounts
provided for the Institute under the annual appropriations
process.
``(c) Authority of Director.--To carry out the demonstration
project under this section, the Director of the Institute shall have
the following authority:
``(1) Human resources system.--The Director of the
Institute shall, using the authority provided to the Director
under this Act, as well as authorities under section 207(f),
carry out a 5-year pilot program under which the Director shall
establish a comprehensive competitive human resources system
that complies with existing guidelines under title 42, Code of
Federal Regulations, and applicable affirmative action
requirements. In establishing such system the Director shall--
``(A) appoint individuals to provide services in
furtherance of the mission of the Institute;
``(B) obtain the services of experts or consultants
as determined necessary by the Director notwithstanding
section 413(b)(5);
``(C) have the authority, notwithstanding
limitations on full time equivalent personnel, to hire
appropriate personnel, subject to the availability of
funds; and
``(D) have the authority, notwithstanding
limitations on cost-sharing or duration, to execute
Intergovernmental Personnel Act Agreements under terms
that are mutually agreeable to the Director of the
Institute and the loaning or receiving employer.
``(2) Transactions.--The Director of the Institute may
enter into transactions (other than contracts, cooperative
agreements, and grants) to carry out basic, applied, and
advanced research projects. The authority provided under this
paragraph shall be in addition to the authority provided under
sections 405 and 413 to use contracts, cooperative agreements,
and grants in carrying out such projects.
``(3) High impact, innovative research in cancer.--
``(A) In general.--The Director of the Institute
shall establish a program to encourage high impact,
cutting edge research that will lead to future progress
against cancer. Such program shall be designed to
enable the Director to undertake research projects with
maximum flexibility and speed. The requirements of
section 303 of the Federal Property and Administrative
Services Act of 1949 (41 U.S.C. 253), section 8 of the
Small Business Act (15 U.S.C. 637e), section 18 of the
Office of Federal Procurement Policy Act (41 U.S.C.
416), and sections 405 and 492 of this Act, and any
regulations promulgated under such provisions of law,
shall be waived with respect to critical research projects undertaken
under the program authorized by this paragraph. Such program shall be
designed to enable the Director, as rapidly as practicable to--
``(i) select new initiatives, after an
expeditious peer review with requisite
expertise, for further development and
research;
``(ii) identify partners and collaborators
for such initiatives;
``(iii) select the appropriate funding
mechanism for such initiatives;
``(iv) reprogram up to 2 percent of the
amounts appropriated to the National Cancer
Institute to support such initiatives and
research; and
``(v) make awards with respect to new
initiatives and research.
``(B) Report.--The Director shall annually submit a
report to Congress that identifies those initiatives
that were funded in the year for which the report is
being submitted under subparagraph (A).
``(C) Use of experts.--In carrying out this
paragraph, the Director of the Institute may,
notwithstanding the Federal Advisory Committee Act (5
U.S.C. App.), convene groups, that may be composed of
both Federal and non-Federal employees, to obtain
consensus advice or recommendations.
``(4) Funding.--The Director of the Institute may redirect
within the National Cancer Institute, as necessary in a fiscal
year, not to exceed 5 percent of the amount appropriated for
the National Cancer Institute for such fiscal year. Such
redirected funds shall be used for new, high priority
initiatives.
``(5) Grants.--Notwithstanding the limitation under section
405(b)(2)(B), and any regulations implementing such provision,
the Director of the Institute may award grants and cooperative
agreements to carry out initiatives under this subsection. The
Director may not award a grant or cooperative agreement in an
amount to exceed $300,000 without obtaining a second level
review by the National Cancer Advisory Board.
``(6) Compensation.--Notwithstanding any other provision of
law, the Director of the Institute shall make a salary
determination for senior contract research scientists employed
at the Federally Funded Research and Development Centers of the
Institute consistent with the salary levels applicable for
staff of the Institute under titles 5 and 38, United States
Code, and under this Act.
``(7) Other agreements.--Notwithstanding the limitations
contained in section 413(b)(6) and the Public Buildings Act of
1959 (40 U.S.C. 601 et seq.), the Director of the Institute may
enter into agreements that maximize the operations and
efficiency of the National Cancer Institute in fulfilling its
mission.
``(d) Report.--The Director of the Institute shall annually prepare
and submit to the Director of the National Institutes of Health a
report concerning those activities carried out under this section that
the Director of the Institute determines may have a potential benefit
for other research activities carried out by the National Institutes of
Health.
``(e) Termination.--The authority provided under this section shall
terminate on the date that is 5 years after the date of enactment of
the Millennium Cancer Research Act.''.
SEC. 3. CONFORMING AMENDMENT.
Section 406(h)(2)(A) of the Public Health Service Act (42 U.S.C.
284a(h)(2)(A)) is amended--
(1) in clause (iii), by adding ``and'' at the end;
(2) by striking clause (iv); and
(3) by redesignating clause (v) as clause (iv).
<all>
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