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21St Century Cures Act L:\XML\CPRT-114-HPRT-RU00-HR6.XML JULY 2, 2015 RULES COMMITTEE PRINT 114-22 TEXT OF H.R. 6, 21ST CENTURY CURES ACT [Showing text based on H.R. 6 as ordered reported by the Committee on Energy and Commerce.] 1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 2 (a) SHORT TITLE.—This Act may be cited as the 3 ‘‘21st Century Cures Act’’. 4 (b) TABLE OF CONTENTS.—The table of contents for 5 this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. NIH and Cures Innovation Fund. TITLE I—DISCOVERY Subtitle A—National Institutes of Health Funding Sec. 1001. National Institutes of Health reauthorization. Subtitle B—National Institutes of Health Planning and Administration Sec. 1021. NIH research strategic plan. Sec. 1022. Increasing accountability at the National Institutes of Health. Sec. 1023. Reducing administrative burdens of researchers. Sec. 1024. Exemption for the National Institutes of Health from the Paper- work Reduction Act requirements. Sec. 1025. NIH travel. Sec. 1026. Other transactions authority. Sec. 1027. NCATS phase IIB restriction. Sec. 1028. High-risk, high-reward research. Sec. 1029. Sense of Congress on increased inclusion of underrepresented com- munities in clinical trials. Subtitle C—Supporting Young Emerging Scientists Sec. 1041. Improvement of loan repayment programs of the National Institutes of Health. Sec. 1042. Report. Subtitle D—Capstone Grant Program Sec. 1061. Capstone award. L:\vr\070215\R070215.001.xml July 2, 2015 (11:47 a.m.) VerDate Nov 24 2008 11:47 Jul 02, 2015 Jkt 000000 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 C:\USERS\MCHINN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CPRT-114-HPR L:\XML\CPRT-114-HPRT-RU00-HR6.XML 2 Subtitle E—Promoting Pediatric Research Through the National Institutes of Health Sec. 1081. National pediatric research network. Sec. 1082. Global pediatric clinical study network sense of Congress. Sec. 1083. Appropriate age groupings in clinical research. Subtitle F—Advancement of the National Institutes of Health Research and Data Access Sec. 1101. Standardization of data in Clinical Trial Registry Data Bank on eli- gibility for clinical trials. Subtitle G—Facilitating Collaborative Research Sec. 1121. Clinical trial data system. Sec. 1122. National neurological diseases surveillance system. Sec. 1123. Data on natural history of diseases. Sec. 1124. Accessing, sharing, and using health data for research purposes. Subtitle H—Council for 21st Century Cures Sec. 1141. Council for 21st Century Cures. TITLE II—DEVELOPMENT Subtitle A—Patient-Focused Drug Development Sec. 2001. Development and use of patient experience data to enhance struc- tured risk-benefit assessment framework. Subtitle B—Qualification and Use of Drug Development Tools Sec. 2021. Qualification of drug development tools. Sec. 2022. Accelerated approval development plan. Subtitle C—FDA Advancement of Precision Medicine Sec. 2041. Precision medicine guidance and other programs of Food and Drug Administration. Subtitle D—Modern Trial Design and Evidence Development Sec. 2061. Broader application of Bayesian statistics and adaptive trial designs. Sec. 2062. Utilizing evidence from clinical experience. Sec. 2063. Streamlined data review program. Subtitle E—Expediting Patient Access Sec. 2081. Sense of Congress. Sec. 2082. Expanded access policy. Sec. 2083. Finalizing draft guidance on expanded access. Subtitle F—Facilitating Responsible Manufacturer Communications Sec. 2101. Facilitating dissemination of health care economic information. Sec. 2102. Facilitating responsible communication of scientific and medical de- velopments. Subtitle G—Antibiotic Drug Development L:\vr\070215\R070215.001.xml July 2, 2015 (11:47 a.m.) VerDate Nov 24 2008 11:47 Jul 02, 2015 Jkt 000000 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 C:\USERS\MCHINN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CPRT-114-HPR L:\XML\CPRT-114-HPRT-RU00-HR6.XML 3 Sec. 2121. Approval of certain drugs for use in a limited population of patients. Sec. 2122. Susceptibility test interpretive criteria for microorganisms. Sec. 2123. Encouraging the development and use of DISARM drugs. Subtitle H—Vaccine Access, Certainty, and Innovation Sec. 2141. Timely review of vaccines by the Advisory Committee on Immuniza- tion Practices. Sec. 2142. Review of processes and consistency of ACIP recommendations. Sec. 2143. Meetings between CDC and vaccine developers. Subtitle I—Orphan Product Extensions Now; Incentives for Certain Products for Limited Populations Sec. 2151. Extension of exclusivity periods for a drug approved for a new indi- cation for a rare disease or condition. Sec. 2152. Reauthorization of rare pediatric disease priority review voucher in- centive program. Subtitle J—Domestic Manufacturing and Export Efficiencies Sec. 2161. Grants for studying the process of continuous drug manufacturing. Sec. 2162. Re-exportation among members of the European Economic Area. Subtitle K—Enhancing Combination Products Review Sec. 2181. Enhancing combination products review. Subtitle L—Priority Review for Breakthrough Devices Sec. 2201. Priority review for breakthrough devices. Subtitle M—Medical Device Regulatory Process Improvements Sec. 2221. Third-party quality system assessment. Sec. 2222. Valid scientific evidence. Sec. 2223. Training and oversight in least burdensome appropriate means con- cept. Sec. 2224. Recognition of standards. Sec. 2225. Easing regulatory burden with respect to certain class I and class II devices. Sec. 2226. Advisory committee process. Sec. 2227. Humanitarian device exemption application. Sec. 2228. CLIA waiver study design guidance for in vitro diagnostics. Subtitle N—Sensible Oversight for Technology Which Advances Regulatory Efficiency Sec. 2241. Health software. Sec. 2242. Applicability and inapplicability of regulation. Sec. 2243. Exclusion from definition of device. Subtitle O—Streamlining Clinical Trials Sec. 2261. Protection of human subjects in research; applicability of rules. Sec. 2262. Use of non-local institutional review boards for review of investiga- tional device exemptions and human device exemptions. Sec. 2263. Alteration or waiver of informed consent for clinical investigations. L:\vr\070215\R070215.001.xml July 2, 2015 (11:47 a.m.) VerDate Nov 24 2008 11:47 Jul 02, 2015 Jkt 000000 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 C:\USERS\MCHINN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CPRT-114-HPR L:\XML\CPRT-114-HPRT-RU00-HR6.XML 4 Subtitle P—Improving Scientific Expertise and Outreach at FDA Sec. 2281. Silvio O. Conte Senior Biomedical Research Service. Sec. 2282. Enabling FDA scientific engagement. Sec. 2283. Reagan-Udall Foundation for the Food and Drug Administration. Sec. 2284. Collection of certain voluntary information exempted from Paper- work Reduction Act. Sec. 2285. Hiring authority for scientific, technical, and professional personnel. Subtitle Q—Exempting From Sequestration Certain User Fees Sec. 2301. Exempting from sequestration certain user fees of Food and Drug Administration. TITLE III—DELIVERY Subtitle A—Interoperability Sec. 3001. Ensuring interoperability of health information technology. Subtitle B—Telehealth Sec. 3021. Telehealth services under the Medicare program. Subtitle C—Encouraging Continuing Medical Education for Physicians Sec. 3041. Exempting from manufacturer transparency reporting certain trans- fers used for educational purposes. Subtitle D—Disposable Medical Technologies Sec. 3061. Treatment of certain items and devices. Subtitle E—Local Coverage Decision Reforms Sec. 3081. Improvements in the Medicare local coverage determination (LCD) process. Subtitle F—Medicare Pharmaceutical and Technology Ombudsman Sec. 3101. Medicare pharmaceutical and technology ombudsman. Subtitle G—Medicare Site-of-Service Price Transparency Sec. 3121. Medicare site-of-Service price transparency. Subtitle H—Medicare Part D Patient Safety and Drug Abuse Prevention Sec. 3141. Programs to prevent prescription drug abuse under Medicare parts C and D. TITLE IV—MEDICAID, MEDICARE, AND OTHER REFORMS Subtitle A—Medicaid and Medicare Reforms Sec. 4001. Limiting Federal Medicaid reimbursement to States for durable medical equipment (DME) to Medicare payment rates. Sec. 4002. Excluding authorized generics from calculation of average manufac- turer price. L:\vr\070215\R070215.001.xml July 2, 2015 (11:47 a.m.) VerDate Nov 24 2008 11:47 Jul 02, 2015 Jkt 000000 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 C:\USERS\MCHINN\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\CPRT-114-HPR L:\XML\CPRT-114-HPRT-RU00-HR6.XML 5 Sec. 4003. Medicare payment incentive for the transition from traditional x-ray imaging to digital radiography and other Medicare imaging payment provision. Sec. 4004. Treatment of infusion drugs furnished through durable medical equipment. Sec. 4005. Extension and expansion of prior authorization for power mobility devices (PMDs) and accessories and prior authorization audit limitations. Sec. 4006. Civil monetary penalties for violations related to grants, contracts, and other agreements. Subtitle B—Other Reforms Sec. 4041. SPR drawdown. Subtitle C—Miscellaneous Sec. 4061. Lyme disease and other tick-borne diseases. 1 SEC. 2. NIH AND CURES INNOVATION FUND. 2 (a) ESTABLISHMENT.—There is hereby established in 3 the Treasury of the United States a fund to be known 4 as the NIH and Cures Innovation Fund. 5 (b) AMOUNTS MADE AVAILABLE TO FUND.— 6 (1) IN GENERAL.—There is authorized to be 7 appropriated, and appropriated, to the NIH and 8 Cures Innovation Fund, out of any funds in the 9 Treasury not otherwise appropriated, 10 $1,860,000,000 for each
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