Gabriella Miller Kids First Research Act 2.0
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.
Sec. 2 Transfer of funds to the 10-Year Pediatric Research Initiative
“(h) Transfer of amounts
“(1) In general—With respect to civil monetary sanctions, including penalties, disgorgement, and interest, recovered under this section, section 13(b)(2), or section 32(c) from persons registered under section 510(b)(1) or section 510(i)(1)(A)(i) of the Federal Food, Drug, and Cosmetic Act, the Secretary of the Treasury shall transfer to the 10-Year Pediatric Research Initiative Fund described in section 9008(i)(2) of the Internal Revenue Code of 1986 (the “Fund”), an amount equal to the sum of all such sanctions.
“(2) Exception for funds to be paid to harmed investors—Paragraph (1) shall not apply to any monetary sanction collected by the Commission in any judicial or administrative action brought by the Commission under the securities laws that is added to a disgorgement fund or other fund under section 308 of the Sarbanes-Oxley Act of 2002 (15 U.S.C. 7246) or otherwise distributed to victims of a violation of the securities laws, or the rules and regulations thereunder.
“(3) Application—Amounts transferred to the Fund under this subsection shall—
“(A) be transferred in the manner described under section 9601 of the Internal Revenue Code of 1986; and
“(B) be available as described in section 9008(i)(2) of such Code.”