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US Laws | Affordable Health Care Act (HR3950F)
Subtitle D--Provisions Relating to Title IV

"(ii) FUNDING IN SUBSEQUENT FISCAL YEARS- An eligible entity receiving an award under clause (i) may apply for additional funding for such project by submitting to the Board the information required under subparagraphs (B) and (C) of paragraph (2). The Director of NIH may fund a project of such eligible entity in an amount not to exceed $15,000,000 for a fiscal year subsequent to the initial award under clause (i). (13687)

"(C) THE CURES ACCELERATION FLEXIBLE RESEARCH AWARDS- If the Director of NIH determines that the goals and objectives of this section cannot adequately be carried out through a contract, grant, or cooperative agreement, the Director of NIH shall have flexible research authority to use other transactions to fund projects in accordance with the terms and conditions of this section. Awards made under such flexible research authority for a fiscal year shall not exceed 20 percent of the total funds appropriated under subsection (g)(1) for such fiscal year. (13688)

"(4) SUSPENSION OF AWARDS FOR DEFAULTS, NONCOMPLIANCE WITH PROVISIONS AND PLANS, AND DIVERSION OF FUNDS; REPAYMENT OF FUNDS- The Director of NIH may suspend the award to any entity upon noncompliance by such entity with provisions and plans under this section or diversion of funds. (13689)

"(5) AUDITS- The Director of NIH may enter into agreements with other entities to conduct periodic audits of the projects funded by grants or contracts awarded under this subsection. (13690)

"(6) CLOSEOUT PROCEDURES- At the end of a grant or contract period, a recipient shall follow the closeout procedures under section 74.71 of title 45, Code of Federal Regulations (or any successor regulation). (13691)

"(7) REVIEW- A determination by the Director of NIH as to whether a drug, device, or biological product is a high need cure (for purposes of subsection (a)(3)) shall not be subject to judicial review. (13692)

"(f) Competitive Basis of Awards- Any grant, cooperative agreement, or contract awarded under this section shall be awarded on a competitive basis. (13693)

"(g) Authorization of Appropriations- (13694)

"(1) IN GENERAL- For purposes of carrying out this section, there are authorized to be appropriated $500,000,000 for fiscal year 2010, and such sums as may be necessary for subsequent fiscal years. Funds appropriated under this section shall be available until expended. (13695)

"(2) LIMITATION ON USE OF FUNDS OTHERWISE APPROPRIATED- No funds appropriated under this Act, other than funds appropriated under paragraph (1), may be allocated to the Cures Acceleration Network.". (13696)


(a) Short Title- This section may be cited as the "Establishing a Network of Health-Advancing National Centers of Excellence for Depression Act of 2009" or the "ENHANCED Act of 2009". (13698)

(b) Centers of Excellence for Depression- Subpart 3 of part B of title V of the Public Health Service Act (42 U.S.C. 290bb et seq.) is amended by inserting after section 520A the following: (13699)


"(a) Depressive Disorder Defined- In this section, the term "depressive disorder" means a mental or brain disorder relating to depression, including major depression, bipolar disorder, and related mood disorders. (13701)

"(b) Grant Program- (13702)

"(1) IN GENERAL- The Secretary, acting through the Administrator, shall award grants on a competitive basis to eligible entities to establish national centers of excellence for depression (referred to in this section as "Centers"), which shall engage in activities related to the treatment of depressive disorders. (13703)

"(2) ALLOCATION OF AWARDS- If the funds authorized under subsection (f) are appropriated in the amounts provided for under such subsection, the Secretary shall allocate such amounts so that-- (13704)

"(A) not later than 1 year after the date of enactment of the ENHANCED Act of 2009, not more than 20 Centers may be established; and (13705)

"(B) not later than September 30, 2016, not more than 30 Centers may be established. (13706)

"(3) GRANT PERIOD- (13707)

"(A) IN GENERAL- A grant awarded under this section shall be for a period of 5 years. (13708)

"(B) RENEWAL- A grant awarded under subparagraph (A) may be renewed, on a competitive basis, for 1 additional 5-year period, at the discretion of the Secretary. In determining whether to renew a grant, the Secretary shall consider the report cards issued under subsection (e)(2). (13709)

"(4) USE OF FUNDS- Grant funds awarded under this subsection shall be used for the establishment and ongoing activities of the recipient of such funds. (13710)


"(A) REQUIREMENTS- To be eligible to receive a grant under this section, an entity shall-- (13712)

"(i) be an institution of higher education or a public or private nonprofit research institution; and (13713)

"(ii) submit an application to the Secretary at such time and in such manner as the Secretary may require, as described in subparagraph (B). (13714)

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