[Congressional Record Volume 152, Number 122 (Tuesday, September 26, 2006)]
[House]
[Pages H7453-H7465]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NATIONAL INSTITUTES OF HEALTH REFORM ACT OF 2006

  Mr. BARTON of Texas. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 6164) to amend title IV of the Public Health 
Service Act to revise and extend the authorities of the National 
Institutes of Health, and for other purposes.
  The Clerk read as follows:

                               H.R. 6164

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``National 
     Institutes of Health Reform Act of 2006''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Organization of National Institutes of Health.
Sec. 3. Authority of Director of NIH.
Sec. 4. Authorization of appropriations.
Sec. 5. Reports.
Sec. 6. Certain demonstration projects.
Sec. 7. Foundation for the National Institutes of Health.
Sec. 8. Applicability.

     SEC. 2. ORGANIZATION OF NATIONAL INSTITUTES OF HEALTH.

       (a) In General.--Section 401 of the Public Health Service 
     Act (42 U.S.C. 281) is amended to read as follows:

     ``SEC. 401. ORGANIZATION OF NATIONAL INSTITUTES OF HEALTH.

       ``(a) Relation to Public Health Service.--The National 
     Institutes of Health is an agency of the Service.
       ``(b) National Research Institutes and National Centers.--
     The following agencies of the National Institutes of Health 
     are national research institutes or national centers:
       ``(1) The National Cancer Institute.
       ``(2) The National Heart, Lung, and Blood Institute.
       ``(3) The National Institute of Diabetes and Digestive and 
     Kidney Diseases.
       ``(4) The National Institute of Arthritis and 
     Musculoskeletal and Skin Diseases.
       ``(5) The National Institute on Aging.
       ``(6) The National Institute of Allergy and Infectious 
     Diseases.
       ``(7) The National Institute of Child Health and Human 
     Development.
       ``(8) The National Institute of Dental and Craniofacial 
     Research.
       ``(9) The National Eye Institute.
       ``(10) The National Institute of Neurological Disorders and 
     Stroke.
       ``(11) The National Institute on Deafness and Other 
     Communication Disorders.
       ``(12) The National Institute on Alcohol Abuse and 
     Alcoholism.
       ``(13) The National Institute on Drug Abuse.
       ``(14) The National Institute of Mental Health.
       ``(15) The National Institute of General Medical Sciences.
       ``(16) The National Institute of Environmental Health 
     Sciences.
       ``(17) The National Institute of Nursing Research.
       ``(18) The National Institute of Biomedical Imaging and 
     Bioengineering.
       ``(19) The National Human Genome Research Institute.
       ``(20) The National Library of Medicine.
       ``(21) The National Center for Research Resources.
       ``(22) The John E. Fogarty International Center for 
     Advanced Study in the Health Sciences.
       ``(23) The National Center for Complementary and 
     Alternative Medicine.
       ``(24) The National Center on Minority Health and Health 
     Disparities.
       ``(25) Any other national center that, as an agency 
     separate from any national research institute, was 
     established within the National Institutes of Health as of 
     the day before the date of the enactment of the National 
     Institutes of Health Reform Act of 2006.
       ``(c) Division of Program Coordination, Planning, and 
     Strategic Initiatives.--
       ``(1) In general.--Within the Office of the Director of the 
     National Institutes of Health, there shall be a Division of 
     Program Coordination, Planning, and Strategic Initiatives 
     (referred to in this subsection as the `Division').

[[Page H7454]]

       ``(2) Offices within division.--
       ``(A) Offices.--The following offices are within the 
     Division: The Office of AIDS Research, the Office of Research 
     on Women's Health, the Office of Behavioral and Social 
     Sciences Research, the Office of Disease Prevention, the 
     Office of Dietary Supplements, the Office of Rare Diseases, 
     and any other office located within the Office of the 
     Director of NIH as of the day before the date of the 
     enactment of the National Institutes of Health Reform Act of 
     2006. In addition to such offices, the Director of NIH may 
     establish within the Division such additional offices or 
     other administrative units as the Director determines to be 
     appropriate.
       ``(B) Authorities.--Each office in the Division--
       ``(i) shall continue to carry out the authorities that were 
     in effect for the office before the date of enactment 
     referred to in subparagraph (A); and
       ``(ii) shall, as determined appropriate by the Director of 
     NIH, support the Division with respect to the authorities 
     described in section 402(b)(7).
       ``(d) Organization.--
       ``(1) Number of institutes and centers.--In the National 
     Institutes of Health, the number of national research 
     institutes and national centers may not exceed a total of 27, 
     including any such institutes or centers established under 
     authority of paragraph (2) or under authority of this title 
     as in effect on the day before the date of the enactment of 
     the National Institutes of Health Reform Act of 2006.
       ``(2) Reorganization of institutes and centers.--
       ``(A) In general.--Notwithstanding subsection (b), and 
     subject to paragraph (1), the Director of NIH may, with the 
     approval of the Secretary, reorganize the national research 
     institutes and the national centers, including the addition, 
     removal, or transfer of functions of such institutes and 
     centers, and the establishment or termination of such 
     institutes and centers, if the Director determines that the 
     overall mission of the National Institutes of Health, or the 
     management and operation of programs and activities conducted 
     or supported by the National Institutes of Health, would be 
     more efficiently carried out under such a reorganization.
       ``(B) Administrative unit.--For purposes of paragraph (1), 
     an administrative unit within the National Institutes of 
     Health that is established under authority of subparagraph 
     (A) shall be considered a national research institute or a 
     national center, without regard to whether the administrative 
     unit is designated by the Director of NIH as such an 
     institute or center.
       ``(C) Public process.--Any reorganization under 
     subparagraph (A) shall be carried out by regulation in 
     accordance with the procedures for substantive rules under 
     section 553 of title 5, United States Code.
       ``(3) Reorganization of office of director.--
     Notwithstanding subsection (c), the Director of NIH may, 
     after a series of public hearings, and with the approval of 
     the Secretary, reorganize the offices within the Office of 
     the Director, including the addition, removal, or transfer of 
     functions of such offices, and the establishment or 
     termination of such offices, if the Director determines that 
     the overall management and operation of programs and 
     activities conducted or supported by such offices would be 
     more efficiently carried out under such a reorganization.
       ``(4) Internal reorganization of institutes and centers.--
     Notwithstanding any conflicting provisions of this title, the 
     director of a national research institute or a national 
     center may, after a series of public hearings and with the 
     approval of the Director of NIH, reorganize the divisions, 
     centers, or other administrative units within such institute 
     or center, including the addition, removal, or transfer of 
     functions of such units, and the establishment or termination 
     of such units, if the director of such institute or center 
     determines that the overall management and operation of 
     programs and activities conducted or supported by such 
     divisions, centers, or other units would be more efficiently 
     carried out under such a reorganization.
       ``(5) Notice to congress; effective date.--A reorganization 
     under paragraph (2), (3), or (4) may not take effect before 
     the expiration of 90 days after the Secretary submits to the 
     Committee on Energy and Commerce of the House of 
     Representatives and the Committee on Health, Education, 
     Labor, and Pensions of the Senate written notice of the 
     reorganization.
       ``(e) Scientific Management Review Board for Periodic 
     Organizational Reviews.--
       ``(1) In general.--Not later than 60 days after the date of 
     the enactment of the National Institutes of Health Reform Act 
     of 2006, the Secretary shall establish an advisory council 
     within the National Institutes of Health to be known as the 
     Scientific Management Review Board (referred to in this 
     subsection as the `Board').
       ``(2) Duties.--
       ``(A) Reports on organizational issues.--The Board shall 
     provide advice to the appropriate officials under subsection 
     (d) regarding the use of the authorities established in 
     paragraphs (2), (3), and (4) of such subsection to reorganize 
     the National Institutes of Health (referred to in this 
     subsection as `organizational authorities'). Not less 
     frequently than once each 7 years, the Board shall--
       ``(i) determine whether and to what extent the 
     organizational authorities should be used; and
       ``(ii) issue a report providing the recommendations of the 
     Board regarding the use of the authorities and the reasons 
     underlying the recommendations.
       ``(B) Certain responsibilities regarding reports.--The 
     activities of the Board with respect to a report under 
     subparagraph (A) shall include the following:
       ``(i) Reviewing all programs of the National Institutes of 
     Health (referred to in this subsection as `NIH') in order to 
     determine the progress and cost-effectiveness of such 
     programs and the allocation among the programs of the 
     resources of NIH.
       ``(ii) Determining pending scientific opportunities, and 
     public health needs, with respect to research within the 
     jurisdiction of NIH.
       ``(iii) For any proposal for organizational changes to 
     which the Board gives significant consideration as a possible 
     recommendation in such report--

       ``(I) analyzing the budgetary and operational consequences 
     of the proposed changes;
       ``(II) estimating the level of resources needed to 
     implement the proposed changes; and
       ``(III) assuming the proposed changes will be made and 
     making a recommendation for the allocation of the resources 
     of NIH among the national research institutes and national 
     centers.

       ``(C) Consultation.--In carrying out subparagraph (A), the 
     Board shall consult with--
       ``(i) the heads of national research institutes and 
     national centers whose directors are not members of the 
     Board;
       ``(ii) other scientific leaders who are officers or 
     employees of NIH and are not members of the Board;
       ``(iii) advisory councils of the national research 
     institutes and national centers;
       ``(iv) organizations representing the scientific community; 
     and
       ``(v) organizations representing patients.
       ``(3) Composition of board.--The membership of the Board 
     may not exceed 21 individuals, all of whom shall be voting 
     members. The Board shall be composed of the following:
       ``(A) The Director of NIH, who shall be a permanent member 
     on an ex officio basis.
       ``(B) Not fewer than 9 officials who are directors of 
     national research institutes or national centers. The 
     Secretary shall designate such officials for membership and 
     shall ensure that the group of officials so designated 
     includes directors of--
       ``(i) national research institutes whose budgets are 
     substantial relative to a majority of the other institutes;
       ``(ii) national research institutes whose budgets are small 
     relative to a majority of the other institutes;
       ``(iii) national research institutes that have been in 
     existence for a substantial period of time without 
     significant organizational change under subsection (d);
       ``(iv) as applicable, national research institutes that 
     have undergone significant organization changes under such 
     subsection, or that have been established under such 
     subsection, other than national research institutes for which 
     such changes have been in place for a substantial period of 
     time; and
       ``(v) national centers.
       ``(C) Members appointed by the Secretary from among 
     individuals who are not officers or employees of the United 
     States. Such members shall include--
       ``(i) individuals representing the interests of public or 
     private institutions of higher education that have 
     historically received funds from NIH to conduct research; and
       ``(ii) individuals representing the interests of private 
     entities that have received funds from NIH to conduct 
     research or that have broad expertise regarding how the 
     National Institutes of Health functions, exclusive of private 
     entities to which clause (i) applies.
       ``(4) Chair.--The Chair of the Board shall be selected by 
     the Secretary from among the appointed members of the Board, 
     except that the Secretary may select the Director of NIH as 
     the Chair. The term of office of the Chair shall be 2 years.
       ``(5) Meetings.--
       ``(A) In general.--The Board shall meet at the call of the 
     Chair or upon the request of the Director of NIH, but not 
     fewer than 5 times with respect to issuing any particular 
     report under paragraph (2)(A). The location of the meetings 
     of the Board is subject to the approval of the Director of 
     NIH.
       ``(B) Particular forums.--Of the meetings held under 
     subparagraph (A) with respect to a report under paragraph 
     (2)(A)--
       ``(i) one or more shall be directed toward the scientific 
     community to address scientific needs and opportunities 
     related to proposals for organizational changes under 
     subsection (d), or as the case may be, related to a proposal 
     that no such changes be made; and
       ``(ii) one or more shall be directed toward consumer 
     organizations to address the needs and opportunities of 
     patients and their families with respect to proposals 
     referred to in clause (i).
       ``(C) Availability of information from forums.--For each 
     meeting under subparagraph (B), the Director of NIH shall 
     post on the Internet site of the National Institutes of 
     Health a summary of the proceedings.

[[Page H7455]]

       ``(6) Compensation; term of office.--The provisions of 
     subsections (b)(4) and (c) of section 406 apply with respect 
     to the Board to the same extent and in the same manner as 
     such provisions apply with respect to an advisory council 
     referred to in such subsections, except that the reference in 
     such subsection (c) to 4 years regarding the term of an 
     appointed member is deemed to be a reference to 5 years.
       ``(7) Reports.--
       ``(A) Recommendations for changes.--Each report under 
     paragraph (2)(A) shall be submitted to--
       ``(i) the Committee on Energy and Commerce within the House 
     of Representatives;
       ``(ii) the Committee on Health, Education, Labor, and 
     Pensions within the Senate;
       ``(iii) the Secretary; and
       ``(iv) officials with organizational authorities, other 
     than any such official who served as a member of the Board 
     with respect to the report involved.
       ``(B) Availability to public.--The Director of NIH shall 
     post each report under paragraph (2) on the Internet site of 
     the National Institutes of Health.
       ``(C) Report on board activities.--Not later than 18 months 
     after the date of the enactment of the National Institutes of 
     Health Reform Act of 2006, the Board shall submit to the 
     committees specified in subparagraph (A) a report describing 
     the activities of the Board.
       ``(f) Organizational Changes Per Recommendation of 
     Scientific Management Review Board.--
       ``(1) In general.--With respect to an official who has 
     organizational authorities within the meaning of subsection 
     (e)(2)(A), if a recommendation to the official for an 
     organizational change is made in a report under such 
     subsection, the official shall, except as provided in 
     paragraph (2) of this subsection, make the change in 
     accordance with the following:
       ``(A) Not later than 100 days after the report is submitted 
     under subsection (e)(7)(A), the official shall initiate the 
     applicable public process required in subsection (d) toward 
     making the change.
       ``(B) The change shall be fully implemented not later than 
     the expiration of the 3-year period beginning on the date on 
     which such process is initiated.
       ``(2) Objection by director of nih.--
       ``(A) In general.--Paragraph (1) does not apply to a 
     recommendation for an organizational change made in a report 
     under subsection (e)(2)(A) if, not later than 90 days after 
     the report is submitted under subsection (e)(7)(A), the 
     Director of NIH submits to the committees specified in such 
     subsection a report providing that the Director objects to 
     the change, which report includes the reasons underlying the 
     objection.
       ``(B) Scope of objection.--For purposes of subparagraph 
     (A), an objection by the Director of NIH may be made to the 
     entirety of a recommended organizational change or to 1 or 
     more aspects of the change. Any aspect of a change not 
     objected to by the Director in a report under subparagraph 
     (A) shall be implemented in accordance with paragraph (1).
       ``(g) Definitions.--For purposes of this title:
       ``(1) The term `Director of NIH' means the Director of the 
     National Institutes of Health.
       ``(2) The terms `national research institute' and `national 
     center' mean an agency of the National Institutes of Health 
     that is--
       ``(A) listed in subsection (b) and not terminated under 
     subsection (d)(2)(A); or
       ``(B) established by the Director of NIH under such 
     subsection.
       ``(h) References to NIH.--For purposes of this title, a 
     reference to the National Institutes of Health includes its 
     agencies.''.
       (b) Conforming Amendments.--Title IV of the Public Health 
     Service Act (42 U.S.C. 281 et seq.) is amended--
       (1) by redesignating subpart 3 of part E as subpart 19;
       (2) by transferring subpart 19, as so redesignated, to part 
     C of such title IV;
       (3) by inserting subpart 19, as so redesignated, after 
     subpart 18 of such part C; and
       (4) in subpart 19, as so redesignated--
       (A) by redesignating section 485B as section 464z-1;
       (B) by striking ``National Center for Human Genome 
     Research'' each place such term appears and inserting 
     ``National Human Genome Research Institute''; and
       (C) by striking ``Center'' each place such term appears and 
     inserting ``Institute''.

     SEC. 3. AUTHORITY OF DIRECTOR OF NIH.

       (a) In General.--Section 402(b) of the Public Health 
     Service Act (42 U.S.C. 282(b)) is amended--
       (1) by redesignating paragraph (14) as paragraph (22);
       (2) by striking paragraphs (12) and (13);
       (3) by redesignating paragraphs (4) through (11) as 
     paragraphs (14) through (21);
       (4) in paragraph (21) (as so redesignated), by inserting 
     ``and'' after the semicolon at the end;
       (5) in the matter after and below paragraph (22) (as so 
     redesignated), by striking ``paragraph (6)'' and inserting 
     ``paragraph (16)''; and
       (6) by striking paragraphs (1) through (3) and inserting 
     the following paragraphs:
       ``(1) shall be responsible for the overall direction of the 
     National Institutes of Health and for the establishment and 
     implementation of general policies respecting the management 
     and operation of programs and activities within the National 
     Institutes of Health;
       ``(2) shall coordinate and oversee the operation of the 
     national research institutes, national centers, and 
     administrative entities within the National Institutes of 
     Health;
       ``(3) shall, in consultation with the heads of the national 
     research institutes and national centers, be responsible for 
     program coordination across the national research institutes 
     and national centers, including conducting priority-setting 
     reviews, to ensure that the research portfolio of the 
     National Institutes of Health is balanced and free of 
     unnecessary, duplicative research, and takes advantage of 
     collaborative, cross-cutting research;
       ``(4) shall assemble accurate data to be used to assess 
     research priorities, including information to better evaluate 
     scientific opportunity, public health burdens, and progress 
     in reducing health disparities;
       ``(5) shall ensure that scientifically based strategic 
     planning is implemented in support of research priorities as 
     determined by the agencies of the National Institutes of 
     Health;
       ``(6) shall ensure that the resources of the National 
     Institutes of Health are sufficiently allocated for research 
     projects identified in strategic plans;
       ``(7)(A) shall, through the Division of Program 
     Coordination, Planning, and Strategic Initiatives--
       ``(i) identify research that represents important areas of 
     emerging scientific opportunities, rising public health 
     challenges, or knowledge gaps that deserve special emphasis 
     and would benefit from conducting or supporting additional 
     research that involves collaboration between 2 or more 
     national research institutes or national centers, or would 
     otherwise benefit from strategic coordination and planning;
       ``(ii) include information on such research in reports 
     under section 403; and
       ``(iii) in the case of such research supported with funds 
     referred to in subparagraph (B)--
       ``(I) require as appropriate that proposals include 
     milestones and goals for the research;
       ``(II) require that the proposals include timeframes for 
     funding of the research; and
       ``(III) ensure appropriate consideration of proposals for 
     which the principal investigator is an individual who has not 
     previously served as the principal investigator of research 
     conducted or supported by the National Institutes of Health;
       ``(B) may, with respect to funds reserved under section 
     402A(c)(1) for the Common Fund, allocate such funds to the 
     national research institutes and national centers for 
     conducting and supporting research that is identified under 
     subparagraph (A); and
       ``(C) may assign additional functions to the Division in 
     support of responsibilities identified in subparagraph (A), 
     as determined appropriate by the Director;
       ``(8) shall, in coordination with the heads of the national 
     research institutes and national centers, ensure that such 
     institutes and centers--
       ``(A) preserve an emphasis on investigator-initiated 
     research project grants, including with respect to research 
     involving collaboration between 2 or more such institutes or 
     centers; and
       ``(B) when appropriate, maximize investigator-initiated 
     research project grants in their annual research portfolios;
       ``(9) shall ensure that research conducted or supported by 
     the National Institutes of Health is subject to review in 
     accordance with section 492 and that, after such review, the 
     research is reviewed in accordance with section 492A(a)(2) by 
     the appropriate advisory council under section 406 before the 
     research proposals are approved for funding;
       ``(10) shall approve the establishment of all centers of 
     excellence recommended by the national research institutes, 
     other than centers recognized under section 414;
       ``(11) shall oversee research training for all of the 
     national research institutes and National Research Service 
     Awards in accordance with section 487;
       ``(12) may, from funds appropriated under section 402A(b), 
     reserve funds to provide for research on matters that have 
     not received significant funding relative to other matters, 
     to respond to new issues and scientific emergencies, and to 
     act on research opportunities of high priority;
       ``(13) may, subject to appropriations Acts, collect and 
     retain registration fees obtained from third parties to 
     defray expenses for scientific, educational, and research-
     related conferences;''.
       (b) Certain Authorities.--Section 402 of the Public Health 
     Service Act (42 U.S.C. 282) is amended--
       (1) by striking subsections (i) and (l); and
       (2) by redesignating subsections (j) and (k) as subsections 
     (i) and (j), respectively.
       (c) Advisory Council for Director of NIH.--Section 402 of 
     the Public Health Service Act, as amended by subsection (b) 
     of this section, is amended by adding after subsection (j) 
     the following subsection:
       ``(k) Council of Councils.--
       ``(1) Establishment.--The Director of NIH shall establish 
     within the Office of the Director an advisory council to be 
     known as the `Council of Councils' (referred to in this 
     subsection as the `Council') for the purpose of advising the 
     Director on matters related to the policies and activities of 
     the Division of Program Coordination, Planning, and Strategic 
     Initiatives, including making recommendations with respect to 
     the conduct and support of research described in subsection 
     (b)(7).

[[Page H7456]]

       ``(2) Membership.--
       ``(A) In general.--The Council shall be composed of 27 
     members selected by the Director of NIH with approval from 
     the Secretary from among the list of nominees under 
     subparagraph (C).
       ``(B) Certain requirements.--In selecting the members of 
     the Council, the Director of NIH shall ensure--
       ``(i) the representation of a broad range of disciplines 
     and perspectives; and
       ``(ii) the ongoing inclusion of at least 1 representative 
     from each national research institute whose budget is 
     substantial relative to a majority of the other institutes.
       ``(C) Nomination.--The Director of NIH shall maintain an 
     updated list of individuals who have been nominated to serve 
     on the Council, which list shall consist of the following:
       ``(i) For each national research institute and national 
     center, 3 individuals nominated by the head of such institute 
     or center from among the members of the advisory council of 
     the institute or center, of which--

       ``(I) two shall be scientists; and
       ``(II) one shall be from the general public or shall be a 
     leader in the field of public policy, law, health policy, 
     economics, or management.

       ``(ii) For each office within the Division of Program 
     Coordination, Planning, and Strategic Initiatives, 1 
     individual nominated by the head of such office.
       ``(3) Terms.--
       ``(A) In general.--The term of service for a member of the 
     Council shall be 6 years, except as provided in subparagraphs 
     (B) and (C).
       ``(B) Terms of initial appointees.--Of the initial members 
     selected for the Council, the Director of NIH shall 
     designate--
       ``(i) nine for a term of 6 years;
       ``(ii) nine for a term of 4 years; and
       ``(iii) nine for a term of 2 years.
       ``(C) Vacancies.--Any member appointed to fill a vacancy 
     occurring before the expiration of the term for which the 
     member's predecessor was appointed shall be appointed only 
     for the remainder of that term. A member may serve after the 
     expiration of that member's term until a successor has taken 
     office.''.
       (d) Review by Advisory Councils of Research Proposals.--
     Section 492A(a)(2) of the Public Health Service Act (42 
     U.S.C. 289a-1(a)(2)) is amended by inserting before the 
     period the following: ``, and unless a majority of the voting 
     members of the appropriate advisory council under section 
     406, or as applicable, of the advisory council under section 
     402(k), has recommended the proposal for approval''.
       (e) Conforming Amendment.--Section 402(a) of the Public 
     Health Service Act (42 U.S.C. 282(a)) is amended by striking 
     ``Director of the National Institutes of Health'' and all 
     that follows through ``who shall'' and inserting ``Director 
     of NIH who shall''.
       (f) Rule of Construction Regarding Authorities of National 
     Research Institutes and National Centers.--This Act and the 
     amendments made by this Act may not be construed as affecting 
     the authorities of the national research institutes and 
     national centers that were in effect under the Public Health 
     Service Act on the day before the date of the enactment of 
     this Act, subject to the authorities of the Director of NIH 
     under section 401 of the Public Health Service Act (as 
     amended by section 2(a) of this Act). For purposes of the 
     preceding sentence, the terms ``national research 
     institute'', ``national center'', and ``Director of NIH'' 
     have the meanings given such terms in such section 401.

     SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

       (a) Funding.--Title IV of the Public Health Service Act (42 
     U.S.C. 281 et seq.) is amended by inserting after section 402 
     the following:

     ``SEC. 402A. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--For the purpose of carrying out this 
     title, there are authorized to be appropriated--
       ``(1) $29,747,874,000 for fiscal year 2007;
       ``(2) $31,235,268,000 for fiscal year 2008; and
       ``(3) $32,797,032,000 for fiscal year 2009.
       ``(b) Office of the Director.--Of the amount authorized to 
     be appropriated under subsection (a) for a fiscal year, there 
     are authorized to be appropriated for programs and activities 
     under this title carried out through the Office of the 
     Director of NIH the following amount, as applicable to the 
     fiscal year:
       ``(1) $1,000,000,000 for fiscal year 2007.
       ``(2) $1,050,000,000 for fiscal year 2008.
       ``(3) $1,102,500,000 for fiscal year 2009.
       ``(c) Trans-NIH Research.--
       ``(1) Common fund.--
       ``(A) Annual reservation of amounts.--Of the total amount 
     appropriated under subsection (a) for fiscal year 2007 or any 
     subsequent fiscal year, the Director of NIH shall reserve the 
     applicable amount under subparagraph (B) for allocations 
     under section 402(b)(7)(B) (relating to research identified 
     by the Division of Program Coordination, Planning, and 
     Strategic Initiatives), which reservations shall constitute 
     an account to be known as the Common Fund.
       ``(B) Amount of reservation.--Subject to subparagraph (C), 
     the amount reserved by the Director of NIH under subparagraph 
     (A) for a fiscal year shall be the sum of--
       ``(i) the base amount determined under subparagraph (D); 
     and
       ``(ii) any additional amount determined under subparagraph 
     (E).

     Amounts reserved under the preceding sentence shall remain 
     available until expended.
       ``(C) Maximum reservation.--
       ``(i) In general.--The amount reserved by the Director of 
     NIH under subparagraph (A) for a fiscal year shall not exceed 
     5 percent of the total amount appropriated under subsection 
     (a) for such fiscal year, subject to clause (ii).
       ``(ii) Applicability.--Clause (i) may not apply with 
     respect to any fiscal year beginning after the submission of 
     recommendations under subparagraph (F).
       ``(iii) Preservation of reservation.--For any fiscal year 
     following the first fiscal year for which the percentage that 
     applies for purposes of clause (i) is 5 percent, the 
     reservation under subparagraph (A) for the fiscal year 
     involved may not be less than 5 percent of the total amount 
     appropriated under subsection (a) for such fiscal year. For 
     fiscal year 2008 and each subsequent fiscal year, the 
     percentage constituted by the reservation under subparagraph 
     (A) relative to the total amount appropriated under 
     subsection (a) for the fiscal year involved may not be less 
     than the percentage constituted by the reservation under such 
     subparagraph for the preceding fiscal year relative to the 
     total amount appropriated under subsection (a) for such 
     preceding fiscal year.
       ``(D) Base amount.--The base amount referred to in 
     subparagraph (B)(i) for a fiscal year is--
       ``(i) for fiscal year 2007, the amount reserved by the 
     Director of NIH for fiscal year 2006 for research described 
     in section 402(b)(7)(A)(i); and
       ``(ii) for fiscal year 2008 and each subsequent fiscal 
     year, the amount reserved under subparagraph (A) for the 
     preceding fiscal year.
       ``(E) Additional amount corresponding to increases in 
     appropriations.--The additional amount referred to in 
     subparagraph (B)(ii) is 50 percent of the amount by which the 
     total amount appropriated under subsection (a) for the fiscal 
     year involved exceeds the total amount appropriated under 
     such subsection for the preceding fiscal year, except that 
     for any fiscal year beginning after the submission of 
     recommendations under subparagraph (F), such percentage may 
     be adjusted by the Director of NIH, and such percentage shall 
     be adjusted by the Director to the extent necessary for 
     compliance with subparagraph (C)(iii).
       ``(F) Evaluation.--During the 6-month period following the 
     end of the first fiscal year for which the amount reserved by 
     the Director of NIH under subparagraph (A) is equal to 5 
     percent of the total amount appropriated under subsection (a) 
     for such fiscal year, the Secretary, acting through the 
     Director of NIH, in consultation with the advisory council 
     established under section 402(k), shall submit 
     recommendations to the Congress for changes to the amount of 
     the reservation under subparagraph (A).
       ``(2) Trans-nih research reporting.--
       ``(A) Limitation.--With respect to the total amount 
     appropriated under subsection (a) for fiscal year 2008 or any 
     subsequent fiscal year, if the head of a national research 
     institute or national center fails to submit the report 
     required by subparagraph (B) for the preceding fiscal year, 
     the amount made available for the institute or center for the 
     fiscal year involved may not exceed the amount made available 
     for the institute or center for fiscal year 2006.
       ``(B) Reporting.--Not later than January 1, 2008, and each 
     January 1st thereafter--
       ``(i) the head of each national research institute or 
     national center shall submit to the Director of NIH a report 
     on the amount made available by the institute or center for 
     conducting or supporting research that involves collaboration 
     between the institute or center and 1 or more other national 
     research institutes or national centers; and
       ``(ii) the Secretary shall submit a report to the Congress 
     identifying the percentage of funds made available by each 
     national research institute and national center with respect 
     to such fiscal year for conducting or supporting research 
     described in clause (i).
       ``(C) Determination.--For purposes of determining the 
     amount or percentage of funds to be reported under 
     subparagraph (B), any amounts made available to an institute 
     or center under section 402(b)(7)(B) shall be included.
       ``(D) Verification of amounts.--Upon receipt of each report 
     submitted under subparagraph (B)(i), the Director of NIH 
     shall review and verify the accuracy of the amounts specified 
     in the report.
       ``(E) Waiver.--At the request of any national research 
     institute or national center, the Director of NIH may waive 
     the application of this paragraph to such institute or center 
     if the Director finds that the conduct or support of research 
     described in subparagraph (B)(i) is inconsistent with the 
     mission of such institute or center.
       ``(d) Transfer Authority.--Of the total amount appropriated 
     under subsection (a) for a fiscal year, the Director of NIH 
     may (in addition to the reservation under (c)(1) for such 
     year) transfer not more than 1 percent for programs or 
     activities that are authorized in this title and identified 
     by the Director to receive funds pursuant to this subsection. 
     In making such transfers, the Director may not decrease any 
     appropriation account under subsection (a) by more than 1 
     percent.
       ``(e) Rule of Construction.--This section may not be 
     construed as affecting the authorities of the Director of NIH 
     under section 401.''.

[[Page H7457]]

       (b) Elimination of Other Authorizations of 
     Appropriations.--Title IV of the Public Health Service Act 
     (42 U.S.C. 281 et seq.) is amended--
       (1) by striking the first sentence of paragraph (5) of 
     section 402(i) (as redesignated by section 3(b));
       (2) by striking subsection (e) of section 403A;
       (3) by striking subsection (c) of section 404B;
       (4) by striking subsection (h) of section 404E;
       (5) by striking subsection (d) of section 404F;
       (6) by striking subsection (e) of section 404G;
       (7) by striking subsection (d) of section 409A;
       (8) in section 409B--
       (A) in subsection (a), by striking ``under subsection (e)'' 
     and inserting ``to carry out this section''; and
       (B) by striking subsection (e);
       (9) by striking subsection (e) of section 409C;
       (10) in section 409D--
       (A) by striking subsection (d); and
       (B) by redesignating subsection (e) as subsection (d);
       (11) by striking subsection (e) of section 409E;
       (12) by striking subsection (c) of section 409F;
       (13) in section 409H, by striking--
       (A) paragraph (3) of subsection (a);
       (B) paragraph (3) of subsection (b);
       (C) paragraph (5) of subsection (c); and
       (D) paragraph (4) of subsection (d);
       (14) by striking subsection (d) of section 409I;
       (15) by striking section 417B;
       (16) by striking subsection (g) of section 417C;
       (17) in section 417D, by striking--
       (A) paragraph (3) of subsection (a); and
       (B) paragraph (3) of subsection (b);
       (18) by striking subsection (d) of section 424A;
       (19) by striking subsection (c) of section 424B;
       (20) by striking section 425;
       (21) by striking subsection (d) of section 434A;
       (22) by striking subsection (d) of section 441A;
       (23) by striking subsection (c) of section 442A;
       (24) in section 445H--
       (A) by striking subsection (b); and
       (B) in subsection (a), by striking ``(a)'';
       (25) by striking subsection (d) of section 445I;
       (26) by striking section 445J;
       (27) in section 447A--
       (A) by striking subsection (b); and
       (B) in subsection (a), by striking ``(a)'';
       (28) by striking subsection (d) of section 447B;
       (29) by striking subsection (g) in section 452A;
       (30) by striking paragraph (7) in section 452E(b);
       (31) in section 452G--
       (A) by striking subsection (b); and
       (B) in subsection (a), by striking ``(a) Enhanced 
     Support.--'';
       (32) by striking subsection (d) of section 464H;
       (33) by striking subsection (d) of section 464L;
       (34) by striking paragraph (4) of section 464N(c);
       (35) by striking subsection (e) of section 464P;
       (36) by striking subsection (f) of section 464R;
       (37) by striking subsection (d) of section 464z;
       (38) in section 467--
       (A) by striking the first sentence;
       (B) by striking ``for such buildings and facilities'' and 
     inserting ``for suitable and adequate buildings and 
     facilities for use of the Library''; and
       (C) by striking ``The amounts authorized to be appropriated 
     by this section include'' and inserting ``Amounts 
     appropriated to carry out this section may be used for'';
       (39) by striking section 468;
       (40) in section 481A--
       (A) in the matter preceding subparagraph (A) of subsection 
     (c)(2)--
       (i) by striking the term ``under subsection (i)(1)'' and 
     inserting ``to carry out this section''; and
       (ii) by striking ``under such subsection'' and inserting 
     ``to carry out this section''; and
       (B) by striking subsection (i);
       (41) in subsection (a) of section 481B, by striking ``under 
     section 481A(h)'' and inserting ``to carry out section 
     481A'';
       (42) by striking subsection (c) in the section 481C that 
     relates to general clinical research centers;
       (43) by striking subsection (e) in section 485C;
       (44) by striking subsection (l) in section 485E;
       (45) by striking subsection (h) in section 485F;
       (46) by striking subsection (e) in section 485G;
       (47) by striking subsection (d) of section 487;
       (48) by striking subsection (c) of section 487A; and
       (49) by striking subsection (c) in the section 487F that 
     relates to a loan repayment program regarding clinical 
     researchers.
       (c) Rule of Construction Regarding Continuation of 
     Programs.--The amendment of a program by a provision of 
     subsection (b) may not be construed as terminating the 
     authority of the Federal agency involved to carry out the 
     program.

     SEC. 5. REPORTS.

       (a) Report of Director of NIH.--The Public Health Service 
     Act (42 U.S.C. 201 et seq.), as amended by section 4(a) of 
     this Act, is amended--
       (1) by redesignating section 403A as section 403C;
       (2) in section 1710(a), by striking ``section 403A'' and 
     inserting ``section 403C''; and
       (3) by striking section 403 and inserting the following 
     sections:

     ``SEC. 402B. ELECTRONIC CODING OF GRANTS AND ACTIVITIES.

       ``The Secretary, acting through the Director of NIH, shall 
     establish an electronic system to uniformly code research 
     grants and activities of the Office of the Director and of 
     all the national research institutes and national centers. 
     The electronic system shall be searchable by a variety of 
     codes, such as the type of research grant, the research 
     entity managing the grant, and the public health area of 
     interest. When permissible, the Secretary, acting through the 
     Director of NIH, shall provide information on relevant 
     literature and patents that are associated with research 
     activities of the National Institutes of Health.

     ``SEC. 403. BIENNIAL REPORTS OF DIRECTOR OF NIH.

       ``(a) In General.--The Director of NIH shall submit 
     directly to the Congress on a biennial basis a report in 
     accordance with this section. The first report shall be 
     submitted not later than 1 year after the date of the 
     enactment of the National Institutes of Health Reform Act of 
     2006. Each such report shall include the following 
     information:
       ``(1) An assessment of the state of biomedical and 
     behavioral research.
       ``(2) A description of the activities conducted or 
     supported by the agencies of the National Institutes of 
     Health and policies respecting the programs of such agencies.
       ``(3) Classification and justification for the priorities 
     established by the agencies, including a strategic plan and 
     recommendations for future research initiatives to be carried 
     out under section 402(b)(7) through the Division of Program 
     Coordination, Planning, and Strategic Initiatives.
       ``(4) A catalog of all the research activities of the 
     agencies, prepared in accordance with the following:
       ``(A) The catalog shall, for each such activity--
       ``(i) identify the agency or agencies involved;
       ``(ii) state whether the activity was carried out directly 
     by the agencies or was supported by the agencies and describe 
     to what extent the agency was involved; and
       ``(iii) identify whether the activity was carried out 
     through a center of excellence.
       ``(B) In the case of clinical research, the catalog shall, 
     as appropriate, identify study populations by demographic 
     variables and other variables that contribute to research on 
     health disparities.
       ``(C) Research activities listed in the catalog shall 
     include the following:
       ``(i) Epidemiological studies and longitudinal studies.
       ``(ii) Disease registries, information clearinghouses, and 
     other data systems.
       ``(iii) Public education and information campaigns.
       ``(iv) Training activities, including National Research 
     Service Awards and a breakdown by demographic variables and 
     other appropriate categories.
       ``(v) Clinical trials, including a breakdown of 
     participation by study populations and demographic variables 
     and such other information as may be necessary to demonstrate 
     compliance with section 492B (regarding inclusion of women 
     and minorities in clinical research).
       ``(vi) Translational research activities with other 
     agencies of the Public Health Service.
       ``(5) A summary of the research activities throughout the 
     agencies, which summary shall be organized by the following 
     categories:
       ``(A) Cancer.
       ``(B) Neurosciences.
       ``(C) Life stages, human development, and rehabilitation.
       ``(D) Organ systems.
       ``(E) Autoimmune diseases.
       ``(F) Genomics.
       ``(G) Molecular biology and basic science.
       ``(H) Technology development.
       ``(I) Chronic diseases, including pain and palliative care.
       ``(J) Infectious diseases and bioterrorism.
       ``(K) Health disparities.
       ``(L) Such additional categories as the Director determines 
     to be appropriate.
       ``(b) Requirement Regarding Disease-Specific Research 
     Activities.--In a report under subsection (a), the Director 
     of NIH, when reporting on research activities relating to a 
     specific disease, disorder, or other adverse health 
     condition, shall--
       ``(1) present information in a standardized format;
       ``(2) identify the actual dollar amounts obligated for such 
     activities; and
       ``(3) include a plan for research on the specific disease, 
     disorder, or other adverse health condition, including a 
     statement of objectives regarding the research, the means for 
     achieving the objectives, a date by which the objectives are 
     expected to be achieved, and justifications for revisions to 
     the plan.

[[Page H7458]]

       ``(c) Additional Reports.--In addition to reports required 
     by subsections (a) and (b), the Director of NIH may submit to 
     the Congress such additional reports as the Director 
     determines to be appropriate.

     ``SEC. 403A. ANNUAL REPORTING TO INCREASE INTERAGENCY 
                   COLLABORATION AND COORDINATION.

       ``(a) Collaboration With Other HHS Agencies.--On an annual 
     basis, the Director of NIH shall submit to the Secretary a 
     report on the activities of the National Institutes of Health 
     involving collaboration with other agencies of the Department 
     of Health and Human Services.
       ``(b) Clinical Trials.--Each calendar year, the Director of 
     NIH shall submit to the Commissioner of Food and Drugs a 
     report that identifies each clinical trial that is registered 
     during such calendar year in the databank of information 
     established under section 402(j).
       ``(c) Human Tissue Samples.--On an annual basis, the 
     Director of NIH shall submit to the Congress a report that 
     describes how the National Institutes of Health and its 
     agencies store and track human tissue samples.
       ``(d) First Report.--The first report under subsections 
     (a), (b), and (c) shall be submitted not later than 1 year 
     after the date of the enactment of the National Institutes of 
     Health Reform Act of 2006.

     ``SEC. 403B. ANNUAL REPORTING TO PREVENT FRAUD AND ABUSE.

       ``(a) Whistleblower Complaints.--
       ``(1) In general.--On an annual basis, the Director of NIH 
     shall submit to the Inspector General of the Department of 
     Health and Human Services, the Secretary, the Committee on 
     Energy and Commerce of the House of Representatives, and the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate a report summarizing the activities of the National 
     Institutes of Health relating to whistleblower complaints.
       ``(2) Contents.--For each whistleblower complaint pending 
     during the year for which a report is submitted under this 
     subsection, the report shall identify the following:
       ``(A) Each agency of the National Institutes of Health 
     involved.
       ``(B) The status of the complaint.
       ``(C) The resolution of the complaint to date.
       ``(b) Experts and Consultants.--On an annual basis, the 
     Director of NIH shall submit to the Inspector General of the 
     Department of Health and Human Services, the Secretary, the 
     Committee on Energy and Commerce of the House of 
     Representatives, and the Committee on Health, Education, 
     Labor, and Pensions of the Senate a report that--
       ``(1) identifies the number of experts and consultants, 
     including any special consultants, whose services are 
     obtained by the National Institutes of Health or its 
     agencies;
       ``(2) specifies whether such services were obtained under 
     section 207(f), section 402(d), or other authority;
       ``(3) describes the qualifications of such experts and 
     consultants;
       ``(4) describes the need for hiring such experts and 
     consultants; and
       ``(5) if such experts and consultants make financial 
     disclosures to the National Institutes of Health or any of 
     its agencies, specifies the income, gifts, assets, and 
     liabilities so disclosed.
       ``(c) First Report.--The first report under subsections (a) 
     and (b) shall be submitted not later than 1 year after the 
     date of the enactment of the National Institutes of Health 
     Reform Act of 2006.''.
       (b) Striking of Other Reporting Requirements for NIH.--
       (1) Public health service act; title iv.--Title IV of the 
     Public Health Service Act, as amended by section 4(b) of this 
     Act, is amended--
       (A) in section 404E(b)--
       (i) by amending paragraph (3) to read as follows:
       ``(3) Coordination of centers.--The Director of NIH shall, 
     as appropriate, provide for the coordination of information 
     among centers under paragraph (1) and ensure regular 
     communication between such centers.''; and
       (ii) by striking subsection (f) and redesignating 
     subsection (g) as subsection (f);
       (B) in section 404F(b)(1), by striking subparagraphs (F) 
     and (G);
       (C) by striking section 407;
       (D) in section 409C(b), by striking paragraph (4) and 
     redesignating paragraphs (5) and (6) as paragraphs (4) and 
     (5), respectively;
       (E) in section 409E, by striking subsection (d);
       (F) in section 417C, by striking subsection (f);
       (G) in section 424B(a)--
       (i) in paragraph (1), by adding ``and'' after the semicolon 
     at the end;
       (ii) in paragraph (2), by striking ``; and'' and inserting 
     a period; and
       (iii) by striking paragraph (3);
       (H) in section 429, by striking subsections (c) and (d);
       (I) in section 442, by striking subsection (j) and 
     redesignating subsection (k) as subsection (j);
       (J) in section 464D, by striking subsection (j);
       (K) in section 464E, by striking subsection (e);
       (L) in section 464T, by striking subsection (e);
       (M) in section 481A, by striking subsection (h);
       (N) in section 485E, by striking subsection (k);
       (O) in section 485H--
       (i) by striking ``(a)'' and all that follows through ``The 
     Secretary,'' and inserting ``The Secretary,''; and
       (ii) by striking subsection (b); and
       (P) in section 494--
       (i) by striking ``(a) If the Secretary'' and inserting ``If 
     the Secretary''; and
       (ii) by striking subsection (b).
       (2) Public health service act; other provisions.--The 
     Public Health Service Act (42 U.S.C. 201 et seq.) is 
     amended--
       (A) in section 399E, by striking subsection (e);
       (B) in section 1122--
       (i) by striking ``(a) From the sums'' and inserting ``From 
     the sums''; and
       (ii) by striking subsections (b) and (c);
       (C) by striking section 2301;
       (D) in section 2354, by striking subsection (b) and 
     redesignating subsection (c) as subsection (b);
       (E) in section 2356, by striking subsection (e) and 
     redesignating subsections (f) and (g) as subsections (e) and 
     (f), respectively; and
       (F) in section 2359(b)--
       (i) by striking paragraph (2);
       (ii) by striking ``(b) Evaluation and Report'' and all that 
     follows through ``Not later than 5 years'' and inserting 
     ``(b) Evaluation.--Not later than 5 years'';
       (iii) by redesignating subparagraphs (A) through (C) as 
     paragraphs (1) through (3), respectively; and
       (iv) by moving each of paragraphs (1) through (3) (as so 
     redesignated) 2 ems to the left.
       (3) Other acts.--Provisions of Federal law are amended as 
     follows:
       (A) Section 7 of Public Law 97-414 is amended--
       (i) in subsection (a)--

       (I) in paragraph (2), by inserting ``and'' at the end;
       (II0) in paragraph (3), by striking ``; and'' and inserting 
     a period; and
       (III) by striking paragraph (4); and

       (ii) in subsection (b), by striking the last sentence of 
     paragraph (3).
       (B) Title III of Public Law 101-557 (42 U.S.C. 242q et 
     seq.) is amended by striking section 304 and redesignating 
     section 305 and 306 as sections 304 and 305, respectively.
       (C) Section 4923 of Public Law 105-33 is amended by 
     striking subsection (b).
       (D) Public Law 106-310 is amended by striking section 105.
       (E) Section 1004 of Public Law 106-310 is amended by 
     striking subsection (d).
       (F) Section 3633 of Public Law 106-310 (as amended by 
     section 2502 of Public Law 107-273) is repealed.
       (G) Public Law 106-525 is amended by striking section 105.
       (H) Public Law 107-84 is amended by striking section 6.
       (I) Public Law 108-427 is amended by striking section 3 and 
     redesignating sections 4 and 5 as sections 3 and 4, 
     respectively.

     SEC. 6. CERTAIN DEMONSTRATION PROJECTS.

       (a) Bridging the Sciences.--
       (1) In general.--From amounts to be appropriated under 
     section 402A(b) of the Public Health Service Act, the 
     Secretary of Health and Human Services, acting through the 
     Director of NIH, (in this subsection referred to as the 
     ``Secretary'') in consultation with the Director of the 
     National Science Foundation, the Secretary of Energy, and 
     other agency heads when necessary, may allocate funds for the 
     national research institutes and national centers to make 
     grants for the purpose of improving the public health through 
     demonstration projects for biomedical research at the 
     interface between the biological, behavioral, and social 
     sciences and the physical, chemical, mathematical, and 
     computational sciences.
       (2) Goals, priorities, and methods; interagency 
     collaboration.--The Secretary shall establish goals, 
     priorities, and methods of evaluation for research under 
     paragraph (1), and shall provide for interagency 
     collaboration with respect to such research. In developing 
     such goals, priorities, and methods, the Secretary shall 
     ensure that--
       (A) the research reflects the vision of innovation and 
     higher risk with long-term payoffs; and
       (B) the research includes a wide spectrum of projects, 
     funded at various levels, with varying timeframes.
       (3) Peer review.--A grant may be made under paragraph (1) 
     only if the application for the grant has undergone technical 
     and scientific peer review under section 492 of the Public 
     Health Service Act (42 U.S.C. 289a) and has been reviewed by 
     the advisory council under section 402(k) of such Act (as 
     added by section 3(c) of this Act) or has been reviewed by an 
     advisory council composed of representatives from appropriate 
     scientific disciplines who can fully evaluate the applicant.
       (b) High-Risk, High-Reward Research.--
       (1) In general.--From amounts to be appropriated under 
     section 402A(b) of the Public Health Service Act, the 
     Director of NIH may allocate funds for the national research 
     institutes and national centers to make awards of grants or 
     contracts or to engage in other transactions for 
     demonstration projects for high-impact, cutting-edge research 
     that fosters scientific creativity and increases fundamental 
     biological understanding leading to the prevention, 
     diagnosis, and treatment of diseases and disorders. The head 
     of a national research institute or national center may 
     conduct or support such high-impact, cutting-edge research 
     (with funds allocated under the preceding

[[Page H7459]]

     sentence or otherwise available for such purpose) if the 
     institute or center gives notice to the Director of NIH 
     beforehand and submits a report to the Director of NIH on an 
     annual basis on the activities of the institute or center 
     relating to such research.
       (2) Special consideration.--In carrying out the program 
     under paragraph (1), the Director of NIH shall give special 
     consideration to coordinating activities with national 
     research institutes whose budgets are substantial relative to 
     a majority of the other institutes.
       (3) Administration of program.--Activities relating to 
     research described in paragraph (1) shall be designed by the 
     Director of NIH or the head of a national research institute 
     or national center, as applicable, to enable such research to 
     be carried out with maximum flexibility and speed.
       (4) Public-private partnerships.--In providing for research 
     described in paragraph (1), the Director of NIH or the head 
     of a national research institute or national center, as 
     applicable, shall seek to facilitate partnerships between 
     public and private entities and shall coordinate with the 
     Foundation for the National Institutes of Health.
       (5) Peer review.--A grant for research described in 
     paragraph (1) may be made only if the application for the 
     grant has undergone technical and scientific peer review 
     under section 492 of the Public Health Service Act (42 U.S.C. 
     289a) and has been reviewed by the advisory council under 
     section 402(k) of such Act (as added by section 3(c) of this 
     Act).
       (c) Report to Congress.--Not later than the end of fiscal 
     year 2009, the Director of NIH shall conduct an evaluation of 
     the activities under this section and submit a report to the 
     Congress on the results of such evaluation.
       (d) Definitions.--For purposes of this section, the terms 
     ``Director of NIH'', ``national research institute'', and 
     ``national center'' have the meanings given such term in 
     section 401 of the Public Health Service Act.

     SEC. 7. FOUNDATION FOR THE NATIONAL INSTITUTES OF HEALTH.

       Section 499 of the Public Health Service Act (42 U.S.C. 
     290b) is amended--
       (1) in subsection (d)--
       (A) in paragraph (1)--
       (i) by amending subparagraph (D)(ii) to read as follows:
       ``(ii) Upon the appointment of the appointed members of the 
     Board under clause (i)(II), the terms of service as members 
     of the Board of the ex officio members of the Board described 
     in clauses (i) and (ii) of subparagraph (B) shall terminate. 
     The ex officio members of the Board described in clauses 
     (iii) and (iv) of subparagraph (B) shall continue to serve as 
     ex officio members of the Board.''; and
       (ii) in subparagraph (G), by inserting ``appointed'' after 
     ``that the number of'';
       (B) by amending paragraph (3)(B) to read as follows:
       ``(B) Any vacancy in the membership of the appointed 
     members of the Board shall be filled in accordance with the 
     bylaws of the Foundation established in accordance with 
     paragraph (6), and shall not affect the power of the 
     remaining appointed members to execute the duties of the 
     Board.''; and
       (C) in paragraph (5), by inserting ``appointed'' after 
     ``majority of the'';
       (2) in subsection (j)--
       (A) in paragraph (2), by striking ``(d)(2)(B)(i)(II)'' and 
     inserting ``(d)(6)'';
       (B) in paragraph (4)--
       (i) in subparagraph (A), by inserting ``, including an 
     accounting of the use of amounts transferred under subsection 
     (l)'' before the period at the end; and
       (ii) by striking subparagraph (C) and inserting the 
     following:
       ``(C) The Foundation shall make copies of each report 
     submitted under subparagraph (A) available--
       ``(i) for public inspection, and shall upon request provide 
     a copy of the report to any individual for a charge that 
     shall not exceed the cost of providing the copy; and
       ``(ii) to the appropriate committees of Congress.''; and
       (C) in paragraph (10), by striking ``of Health.'' and 
     inserting ``of Health and the National Institutes of Health 
     may accept transfers of funds from the Foundation.''; and
       (3) by striking subsection (l) and inserting the following:
       ``(l) Funding.--From amounts appropriated to the National 
     Institutes of Health, for each fiscal year, the Director of 
     NIH shall transfer not less than $500,000 and not more than 
     $1,250,000 to the Foundation.''.

     SEC. 8. APPLICABILITY.

       This Act and the amendments made by this Act apply only 
     with respect to amounts appropriated for fiscal year 2007 or 
     subsequent fiscal years.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Texas (Mr. Barton) and the gentlewoman from California (Ms. Eshoo) each 
will control 20 minutes.
  The Chair recognizes the gentleman from Texas.


                             General Leave

  Mr. BARTON of Texas. Madam Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on the matter under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Texas?
  There was no objection.
  Mr. BARTON of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, this is a big day for me, or I guess I should say a 
big evening for me. When I became chairman of the Energy and Commerce 
Committee 3 years ago, I asked the staff to do two things: number one, 
prepare a list of all of the major agencies and major pieces of 
legislation that were under the jurisdiction of the committee; and 
then, number two, to prepare a list of those agencies and those major 
bills that were not authorized.
  I was extremely surprised to find out that the National Institutes of 
Health, which at that time we were doubling the budget of, had not been 
authorized in 10 years. I said that is a very, very important agency, 
and because there is tremendous bipartisan support for the NIH, let's 
make that the first agency that we bring up to speed and reauthorize 
and, if necessary, reform. I thought, quite frankly, that that effort 
might take 3 to 6 months.
  Well, 3 years later, as one of the last acts of this Congress, we are 
bringing to the floor an NIH reauthorization bill. It is a bill that 
has been the result of tremendous cooperation in the stakeholder 
community and within this Congress, Mr. Dingell and myself as leaders 
of the committee, and many, many Members on both sides of the aisle, 
rank and file Members in terms of input.
  The bill has gone through three to four drafts. We had a very intense 
markup on this bill in committee last week, and the result is a work 
product that is before us.
  Fifty-one stakeholder groups have endorsed the bill, and I will put 
the endorsement sheet into the record. I am not going to read all 51 
out, but I do want to read some of them: the American Cancer Society, 
the American Heart Association, the American Physical Therapy 
Association, the Association of American Medical Colleges, the 
Association of America and Universities, the Christopher Reeve 
Foundation, the Federation of American Societies for Experimental 
Biology, the Friends of Cancer Research, the Juvenile Diabetes Research 
Foundation, the Lance Armstrong Foundation, the March of Dimes, the 
National Association of State Universities and Land Grant Colleges, the 
National Coalition for Cancer Research, and the Parkinson's Action 
Network are just a few of the national organizations that have endorsed 
or supported this legislation.
  Why is NIH reauthorization important, beyond the mechanical aspect of 
trying to have funding that is authorized and is given full oversight? 
Well, I think when you talk about major pieces of legislation you tend 
to talk in abstract terms, but I want tonight to personalize it a 
little bit.
  My brother, John Barton, died of liver cancer 6 years ago. At the 
time that he passed away, he was taking an experimental NIH drug that, 
had it worked, would have saved his life. We were told by his doctors 
there was an 80 percent chance it would really, really help him, but 
there was a 20 percent chance it would exacerbate the disease. We took 
that risk. He signed the protocol, took the medication and, obviously, 
in his case it didn't work. He is no longer with us, but that NIH 
research program later did make a significant breakthrough that is 
helping liver cancer patients today.
  My father passed away 10 years ago from complications of diabetes. 
The NIH has invested and is investing tremendous resources in trying to 
find a way to combat the scourge of diabetes.
  I had an aunt who passed away from breast cancer 16 years ago. As we 
all know, that is one of the priority areas for NIH research.
  I myself had a heart attack last December 15th, but I was able to be 
successfully treated because of NIH research that has created what we 
now call these coated stents. I have a number of these stents in my 
heart; and, because of prior NIH research, I am able to give this floor 
speech.

                              {time}  2030

  So when I talk about the need to reauthorize and reform the NIH, I am 
talking in an academic sense, but I am also talking very personal. It 
helps my

[[Page H7460]]

family. It helps every American's family sense.
  The bill before us would authorize the NIH for 13 years. It would 
freeze the number of existing institutes, there are 27, at 27. It would 
set up an internal time line controlled by the scientists and the 
administrators at NIH to review their internal organizations. If they 
want to make some changes, they can. They have to report to the 
Congress what those changes are.
  For the first time, it would set up a common reporting system so that 
we know all the research that is being done at NIH and give the public 
an opportunity to track that research. It would set up for the first 
time a common fund which, over time, we would put sufficient funds in 
so that you could have peer-reviewed grants across the NIH structure so 
that the scientists in one institute that were working on, let's say, 
lung cancer in the Cancer Institute might work with people in the Lung 
Institute might work with the people at the Institute of Applied 
Biology. So they would all come together, and they would share their 
research on a merit-based research grant project.
  It sets up a formal reporting system with NIH and again requires that 
those reports be standardized in a format that the public can easily 
understand and easily have access to. It gives the director of NIH some 
discretionary funding in which he can apply towards specific projects 
that he thinks are high-priority areas.
  The bill before us sets up and maintains the merit-based peer review 
program that is already in existence at NIH, but it creates a reporting 
system, an accounting system of transparency that allows the public to 
see what is going on, and through the creation of this common fund 
actually gives the ability on a merit-based, peer-reviewed process to 
put the research dollars where they will do the most good and have the 
biggest impact.
  So I think this is a very, very important piece of legislation. I 
consider it the signal achievement of the Energy and Commerce Committee 
in this Congress. I hope that, if we pass it this evening, that we can 
get the other body to take it up very quickly and also pass it over 
there. It will really, really help the NIH maintain its status as one 
of the crown jewels of the Federal Government.
  I do want to thank Ranking Member Dingell for his cooperation and his 
staff. John Ford of his staff has worked very, very hard working with 
the majority staff. Katherine Martin has worked on the majority side. 
And from the leadership side, Cheryl Jeager has worked very, very hard. 
We could not have done it at the Member level if it had not have been 
for the hard work at the staff level.
  Again, I am very proud of this piece of legislation. I hope everybody 
in the body votes for it this evening.

                    Support for NIH Reauthorization

       American Association for Cancer Research
       American Cancer Society
       American Heart Association
       American Physical Therapy Association
       American Society of Clinical Oncology
       American Society for Microbiology
       American Society for Therapeutic Radiology and Oncology
       American Stroke Association
       Association of American Medical Colleges (AAMC)
       Association of American Universities (AAU)
       American Urological Association
       Autism One
       Autism Society of America
       Autism Speaks
       California Healthcare Institute
       Cancer Research and Prevention Foundation
       Christopher Reeve Foundation
       Coalition of Cancer Cooperatives Groups
       C3: Colorectal Cancer Coalition
       Community Oncology Alliance
       COSAC
       Cure Autism Now Foundation
       Federations of American Societies for Experimental Biology 
     (FASEB)
       First Signs
       Friends of Cancer Research
       Generation Rescue
       Intercultural Cancer Council Caucus
       International Foundation for Anticancer Drug Discovery
       International Myeloma Foundation
       Juvenile Diabetes Research Foundation
       Kidney Care Partners
       Lance Armstrong Foundation
       Lung Cancer Alliance
       March of Dimes
       Men's Health Network
       National Alliance for Eye and Vision Research
       National Association of State Universities and Land-Grant 
     Colleges (NASULGC)
       National Autism Association
       National Coalition for Cancer Research
       National Prostate Cancer Coalition
       Oncology Nursing Society
       Organization for Autism Research
       Pancreatic Cancer Action Network
       Parkinson's Action Network (PAN)
       Society of Gynecologic Oncologists
       Southwest Autism Research & Resource Center
       The Deirdre Imus Environmental Center for Pediatric 
     Oncology
       Translating Research Across Communities (TRAC)
       Unlocking Autism
       University of California System
       US Autism and Asperger Association

  Madam Speaker, I reserve the balance of my time.
  Ms. ESHOO. I yield myself such time as I might consume.
  Madam Speaker, I want to start off by saluting Chairman Barton. This 
is a great achievement for the chairman and for the country. Joe, you 
did everything for the right reasons; and you did it the right way with 
everyone.
  This jurisdiction of NIH, which I very affectionately call the 
National Institutes of Hope, is really a crown jewel in the 
jurisdiction of the Energy and Commerce Committee. But it has been 13 
years, I believe, since there has been a reauthorization; and it is 
extraordinary that a bill of such import has been brought to the floor 
and will receive the support, I think almost unanimously, of Members in 
the House of Representatives. And that is a tribute to you of how you 
have done this and how much you have cared about it.
  There is the letters of endorsement from, it is really one of the 
greatest honor rolls of endorsers and stakeholders in the country, and 
the chairman made reference to them. So, to Chairman Barton, 
congratulations, job well done, something really important for the 
people of our country.
  We are considering this bill. It is the National Institutes of Health 
Reform Act of 2006, H.R. 6164. It is a very important piece of 
legislation that will reauthorize our foremost medical research center 
and the Federal focal point for medical research in our Nation.
  The goal of the NIH is to acquire new knowledge to help prevent, to 
detect, to diagnose and to treat diseases and disabilities from the 
rarest genetic disorder to the common cold. The American people look to 
the NIH. They trust the NIH. They want us to make investments in it, 
because it does represent hope for the future.
  The NIH conducts research in its own laboratories. It supports 
research of non-Federal scientists in universities. And I am proud that 
Stanford Medical School, under the great leadership of Dr. Phil Pizzo, 
is one of the supporters of this legislation. It supports medical 
schools, hospitals, and research institutions throughout the country 
and abroad. I think many people don't realize that, that there is a 
portion of this that takes place abroad. And it helps in the training 
of research investigators, and it fosters communication of medical 
health and health sciences information.
  This Act is going to help to ensure the continued success of the NIH. 
There are many, many commendable provisions of this bill. The 
establishment of the common fund should serve to stimulate trans-NIH 
research in areas of emerging scientific opportunities, rising public 
health challenges, or knowledge gaps that deserve special attention and 
are going to benefit from additional research that involves 
collaboration between two or more institutes or centers.
  Another significant provision of the legislation is the creation of 
an infrastructure to evaluate and report on the NIH research portfolio. 
It is very, very important, very difficult to go through and to 
document the contributions of the NIH in key areas, and this is going 
to provide for that.
  The bill contains many admirable goals and provisions that are going 
to help NIH in its long-term battle to overcome human disease and 
disability.
  What the bill does not address, and some Members raised this at the 
committee, is the issue of funding. Some of us think there could be 
more funding, that there is insufficient funding. This really is the 
largest problem facing the NIH today. After years of significant 
funding increases for NIH, this Congress has effectively chosen to 
flat-fund the agency. After adjusting for inflation, this could turn 
out to actually be a funding cut.

[[Page H7461]]

  In an effort to address this problem, Representative Markey offered 
an amendment during our full committee markup last week. His amendment 
sought to ensure that this Congress provided a real 5 percent increase 
in funding for NIH, not one that could be diminished by inflation. But 
the amendment did not pass. It was defeated along a party line vote.
  A significant increase in the number of grant applications combined 
with a frozen level of congressional funding has really taken its toll 
on the NIH. That is why some of us thought that it was very important 
to act and to provide more resources to ensure that NIH's funding 
levels don't fall any lower.
  Despite the fact that this bill offers no assurances of what I just 
described, it is still a good bill, it is a solid bill, it makes 
progress, and I will support its passage, and I urge my colleagues to 
do that.
  I also want to acknowledge the work of the Energy and Commerce 
Committee staff. Again, John Ford, who is a hero of so many of ours on 
the Democratic staff, Katherine Martin of the Republican staff, as well 
as Cheryl Jeager of Mr. Blunt's staff, as well as my chief of staff, 
Jason Mahler. They all have had an important hand in this. We are all 
grateful to them.
  Madam Speaker, I reserve the balance of our time.
  The SPEAKER pro tempore. Without objection, the gentleman from Texas 
will control the time.
  There was no objection.
  Mr. BURGESS. Madam Speaker, it is now my pleasure to yield 3 minutes 
to the chairman of the Health Subcommittee, the gentleman from Georgia 
(Mr. Deal).
  Mr. DEAL of Georgia. Madam Speaker, I would, as I rise in support of 
this legislation, first of all express appreciation to Chairman Barton, 
who has previously spoken. Without his determination and hard work, we 
wouldn't be here tonight. It has been 3 long years, but he stuck by the 
issue, and I think the legislation that is here will be a great 
improvement. It will help improve research, the outcomes at NIH, by 
enhancing the agency's transparency by its reporting and its strategic 
planning for medical research.
  During the 3-year development period, the Committee on Energy and 
Commerce and its Subcommittee on Health has held 11 hearings, had 
numerous interviews with NIH Institute and Center Directors, conducted 
consultations with NIH Director Zerhouni and Former NIH Director Harold 
Varmus, worked closely with experts in the area of public-sector 
organizational theory and design, piloted town-hall-style meetings with 
stakeholders, and the development of legislation to reauthorize 
programs of the NIH have been reached through a fully bipartisan 
process.
  This is indeed a good day, and the National Institute of Health 
Reform Act I think is long overdue. That was reflected by the 
overwhelming vote in the committee of 42-1 as we passed this 
legislation out.
  I would like to also join Chairman Barton as he thanked the staff, 
and they have done tremendous work: Cheryl Jeager, Katherine Martin, 
and John Ford. They have worked long hours, and tonight we see the 
results of their efforts.
  I hope, too, that as we pass this tonight that we will also be able 
to see our companion body do the same and that we will have this 
legislation on the President's desk by the end of this year and before 
the conclusion of this Congress. I urge my colleagues to join me in 
supporting this bill.
  Ms. ESHOO. At this time I would like to yield 3 minutes to my 
wonderful colleague from California, Representative Lois Capps, an 
extraordinary member of the committee and a great supporter of the NIH.
  Mrs. CAPPS. Madam Speaker, I rise to also support this bill and hope 
that the initiatives taken in this legislation will enable the National 
Institutes of Health to best carry out its mission and achieve 
groundbreaking scientific discoveries.
  Sometimes when constituents ask me what good is this place where I 
work, this Federal Government, I tell them just look out at Bethesda, 
Maryland, where the National Institutes of Health work every day, hard 
every day to achieve miracles that translate into lives changed in this 
country on a daily basis.
  I also want to thank Chairman Barton for his great efforts on this 
bill. He has been working tirelessly to see that this reauthorization 
actually did happen, and he did it in a bipartisan manner. As he 
demonstrated at this meeting, he added his own personal motivation for 
doing it, which, quite frankly, we could see more of in this House.
  At the same time, we have missed some great opportunities, and I will 
mention two, one of which has been mentioned already by my colleague.
  First, we are not providing the NIH with enough funds to carry out 
the amazing work that they do and that we ask them to do. The yearly 
increases to the NIH budget provided in this bill will probably not 
even keep up with inflation, especially following these last years of 
flat-funding the NIH.
  But, in addition, during the Energy and Commerce Committee markup on 
the NIH Reform Act, Mr. Waxman and I introduced an amendment to include 
the language of H.R. 2231, the Breast Cancer and Environmental Research 
Act, which is authored by Congresswoman Lowey. Although as Chairman 
Barton pointed out during the markup, the bill's goal is to focus on 
structure and organization within the NIH, and I understand this, we 
felt that this amendment was a necessary vehicle to move legislation 
that has 255 bipartisan cosponsors.
  The Breast Cancer and Environmental Research Act would direct the 
development and coordination of activities at the NIH to study the 
effects of the environment on the development of breast cancer. With 
National Breast Cancer Awareness Month upon us, let us do something 
really tangible to really combat the disease, instead of simply issuing 
proclamations or wearing ribbons. While those acts are very important, 
it is only through well-coordinated research that we will actually 
achieve our goal of eradicating this devastating disease.
  The Breast Cancer Environmental Research Act fits perfectly into the 
new initiatives of the NIH Reform Act, considering the emphasis this 
bill places on trans-Institute research, transparency, and efficiency. 
We have very little time left in this Congress to pass legislation, and 
here was an opportunity to attach a related bill that enjoys wide 
support, but the majority said no to this opportunity.

                              {time}  2045

  So now that the NIH reauthorization has been completed in the House, 
I urge my colleagues to press for passage of the Breast Cancer and 
Environmental Research Act so we can make real a Federal commitment to 
an overall national strategy needed to discover the environmental 
correlations with breast cancer. It is time to take some real action to 
prevent, treat and cure this disease.
  Mr. BURGESS. Madam Speaker, I yield myself such time as I may 
consume.
  I would like to read a letter from Leo T. Furcht, M.D. who is the 
president of the Federation of American Societies for Experimental 
Biology. In his letter to Chairman Barton Dr. Furcht wrote: ``We thank 
you for your leadership in protecting the National Institutes of Health 
from disease-specific funding set-asides. From the FASEB perspective, 
directed research initiatives fail to recognize several principles 
inherent to the nature of medical research. Thus, we doubly appreciate 
your legislation's emphasis on investigator initiated competitive 
research.''
  Madam Speaker, I yield 2 minutes to the gentleman from Pennsylvania 
(Mr. Murphy), an esteemed psychologist.
  Mr. MURPHY. Madam Speaker, I want to commend Chairman Barton for 
working so hard on moving this vitally important bill, and I am 
grateful for the opportunity to work with him and include in the 
committee report recognition of the positive impact NIH can have on 
patient safety by collaborating on research across institutes and 
centers.
  It is extremely important to all of us that the 27 institutes work 
together. This is why the Common Fund in this legislation, where 
institutes will collaborate on their research efforts, is so important.
  Many times the research which grabs the headlines spells out new 
discoveries on the molecular or cellular or genetic levels, new 
discoveries of pharmaceutical treatments or dynamic discoveries of the 
causes and treatment of

[[Page H7462]]

disease. But equally important to these laboratory results are the 
applications across disciplines. The Common Fund allows such 
collaborations.
  We now know so much more about the cause and treatment of cancer, but 
we also have much to learn about how depression can exacerbate cancer 
and can double the cost of treatment.
  Collaborating on research to improve patient safety will garner 
tremendous knowledge to improve the quality of care at the NIH as we 
work toward our Nation's next discovery.
  Improving the reporting of research between the agencies of NIH can 
lead to a series of best practices to reduce the 90,000 American deaths 
caused from preventable infections acquired at health care facilities 
each year which contributes to $50 billion in unnecessary medical 
expenses. These efforts could also help to reduce the 195,000 
preventable annual deaths due to medical errors.
  Finally, I commend also the administration for virtually doubling the 
investment in NIH over the last few years. It is vitally important, and 
it is a great example to continue on. But this was also a time we had 
to reform some things in the agencies within NIH. This is an important 
bill, and I call upon my colleagues to support it enthusiastically. It 
will save more lives and more money.
  Ms. ESHOO. Madam Speaker, I yield 3 minutes to the gentleman from 
Illinois (Mr. Rush), our colleague on the Energy and Commerce 
Committee.
  Mr. RUSH. Madam Speaker, I thank the gentlewoman for yielding this 
time to me.
  I rise in support of this important bill to reauthorize the National 
Institutes of Health, and I want to thank both Chairman Barton and his 
committee staff and also the ranking member, Mr. Dingell, for working 
with me and my staff to accommodate my objectives and address the 
enduring problem of racial disparities in medical research and health 
care.
  As I said during the Energy and Commerce Committee markup, politics 
is the art of the doable, the art of the possible. With regard to 
racial health disparities, this bill reflects a thoroughly negotiated 
compromise, and it does four outstanding and exemplary things.
  First, it mandates that the director of NIH assemble all relevant 
information and data on health disparities research at the institutes 
in his critical role as portfolio manager.
  Secondly, the bill includes reporting requirements on specific 
demographic information for its training activities at NIH. This 
addresses our deep-seated desire to determine the number and 
percentages of people of color as researchers at NIH.
  Third, the bill designates health disparities as one of the 10 major 
categories subject to the summary reporting requirements by which NIH 
must now abide.
  Fourth, it strengthens the mandate to verify that clinical trials are 
diverse and inclusive of women and people of color.
  Madam Speaker, while I don't think this bill is a perfect bill, and 
many of us would have preferred a more aggressive agenda to tackle 
health disparities, these four provisions are significant, and they are 
worthy of support.
  Let me close the same way I concluded my remarks in the Energy and 
Commerce Committee. I emphasized that the bill before us, the NIH 
Reform Act of 2006, is indeed just the beginning and not the end. Not 
only do I believe we can do more to compel NIH to aggressively address 
racial disparities in medical research, but we can do more to address 
racial disparities in all aspects of health care. And while I 
appreciate this bill's efforts to partly address this enduring 
injustice, and I know that the chairman and the ranking member worked 
hard to accommodate my concerns, along with the concerns of my 
colleagues on the Energy and Commerce Committee, I hope we will 
continue to work on this problem in a bipartisan manner that achieves 
lasting results.
  Mr. BURGESS. Madam Speaker, it is my great pleasure to yield 2 
minutes to the gentleman from Michigan (Mr. Rogers).
  Mr. ROGERS of Michigan. Madam Speaker, I rise today to echo the 
strong support for H.R. 6164. I want to thank Chairman Barton and my 
colleagues on the other side of the aisle, Chairman Deal, committee 
staff, everybody who put so much of their heart and soul into this 
bill, including my legislative assistant, Kelly Childress, who spent 
hours helping us put some of the provisions in this bill and the bill 
that was just before us.
  This legislation does a lot of great things. The chairman of the 
committee stated why the NIH is our crown jewel. This bill does 
something very, very important. It is going to get more money to the 
people doing the research who come up with the solutions for so many 
ailments in this country. No other nation in the world has this kind of 
intellectual power in one place working to solve some of our most 
challenging health care problems. This bill accomplishes great things 
to that end.
  I want to highlight one thing, if I may, a provision that for the 
first time addresses pain and palliative care. It is long overdue, but 
it is here. Fifty million Americans are either partially or completely 
disabled because of acute or chronic pain, and for the first time we 
elevate it in the eyes of NIH so they can study it. I always say lend 
me your EAR: Education, Access and Research can happen now because of 
this bill and because of the work of this House in a bipartisan way to 
reach out to 50 million Americans who suffer from pain, for people who 
suffer cancer and diabetes and arthritis and HIV-AIDS. The list is 
long. This House gives them hope tonight.
  I want to say thank you to all who have put so much in it. This will 
make a difference in Americans' lives for now and in the future. I 
commend everybody who had a piece of it.
  Ms. ESHOO. Madam Speaker, I am pleased to yield 4\1/2\ minutes to one 
of the most respected members of the Energy and Commerce Committee, the 
gentleman from Massachusetts (Mr. Markey).
  Mr. MARKEY. Madam Speaker, I thank the gentlewoman, and I thank her 
for her excellent work on this legislation. And I thank the Members of 
the majority for their work on this legislation as well.
  But I come to the floor in order to identify the single most glaring 
deficiency in the legislation. This is a promise of a 5 percent 
increase in the NIH budget each year. But the reality is that this 5 
percent is an imaginary 5 percent because this 5 percent does not 
account for the reality of health care inflation.
  On an average year, health care inflation is 3 to 4 percent. In some 
years it is 5 to 10 percent, meaning that a 5 percent increase is 
actually in some years an actual reduction in the amount of money which 
can be used for health care research.
  In fact, what we have seen over the last 3 years is that while the 
Republicans have flatlined the NIH budget, it has actually lost 11 
percent of its purchasing power in new research that targets the 
diseases which affect American families. Research is medicine's field 
of dreams from which we harvest the findings that give hope to American 
families, the clues that can unlock the diseases which they fear will 
affect their family, and there is no family that doesn't have some 
disease that they believe runs through their family's history. It could 
be Alzheimer's, Parkinson's, heart disease, cancer, diabetes, you name 
it; but it goes right down to some diseases that have very small 
numbers of Americans that are affected, like cystic fibrosis, which 
might only have 30,000 Americans.
  What happens in a situation like this is because of the huge tax cuts 
which the Republicans have pushed through Congress year after year, we 
are incapable here in Congress of then gaining their support in order 
to increase above inflation by 5 percent the NIH budget.
  And so who do we quote on a subject like this? Who do we quote on the 
subject of inflation and the impact that it has on American families? 
Who has been the single most articulate American on the subject of 
inflation in our lifetime? That person is Ronald Reagan. This is what 
Ronald Reagan said about inflation. He said: ``Inflation is as violent 
as a mugger, as frightening as an armed robber, and as deadly as a hit 
man.''
  Mr. Speaker, we don't want the NIH research budget to be robbed by 
inflation. That is what is happening. It has

[[Page H7463]]

happened since 2003. It is going to continue. Between 12 and 16 million 
American baby boomers are going to contract Alzheimer's. There is a 
belief that if we could make a breakthrough in Alzheimer's, we could 
delay its onset by 7 years, saving at least 50 to $60 billion because 
they won't need care during those years.
  This is without question in my opinion the most important budget that 
comes through Congress because this is, more than terrorism, the one 
issue that puts the fear of God in the hearts of every family. It is 
that one of these diseases will come into one of their family members.
  My belief is that there has been a series of choices made in the last 
6 years to have these massive tax cuts that makes it impossible for us 
to give a cost-of-living increase on top of inflation. It is wrong, and 
I believe that this bill, as good as it is in so many places, is 
deficient in the one central area which is central.

                              {time}  2100

  Mr. BURGESS. Madam Speaker, I would remind the gentleman that 
President Reagan was no fan of high taxes, and I would also remind this 
body that the Republicans in this body have been responsible for the 
largest increase in NIH funding in America's history, period, end of 
discussion; except to add that Chairman Barton was a leader in that 
regard.
  Madam Speaker, I reserve the balance of my time.
  Ms. ESHOO. Madam Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. BURGESS. Madam Speaker, I yield myself the balance of my time.
  I want to add to the list that Chairman Barton read about individuals 
and groups that support this NIH reauthorization: the American Society 
of Clinical Oncology, the Autism Society of America, the Colorectal 
Cancer Coalition, the Men's Health Network, the Society for Gynecologic 
Oncologists, and the Deirdre Imus Environmental Center for Pediatric 
Oncology. Truly a diverse group that supports this legislation.
  Madam Speaker, last week, many of us had constituents from our 
districts come through our offices who were cancer survivors, and the 
question always comes up, and Mr. Markey asked it tonight, are we doing 
enough? Well, another question that we could ask, and we should ask, is 
do we know what we have already done?
  Let me quote, Madam Speaker: ``This year, for the first time in 
history,'' for the first time in history, ``the absolute number of 
cancer deaths in the United States has decreased. We now have 10 
million cancer survivors. We can detect and treat cancer at earlier 
stages. Targeted therapies have emerged, using specific molecular 
targeting to treat tumors with new agents.''
  This quote was from Elias Zerhouni as he addressed our committee.
  Madam Speaker, let me just add that, thanks to the tools and 
technologies developed by the Human Genome Project at the National 
Institutes of Health, changes in the genetic blueprints that are 
associated with all types of cancer are now known. A new generation of 
targeted diagnostics, therapeutics, and preventatives for all cancers 
will pave the way for more personalized cancer medicine.
  What does this mean? It means that we are well on our way to a time 
when, should a person be diagnosed with cancer, their physician will be 
able to say whether or not certain therapeutics are appropriate. Think 
of the dollars that that will save. Not everyone who receives a 
diagnosis has to go through the same treatment. There are some genetic 
makeups that will be helped; there are some that will not be helped. 
Let us target our therapy where it does the most good. We are clearly 
moving in the right direction in this regard.
  We heard the chairman, we heard people from the other side describe 
the National Institutes of Health as the crown jewel of the Federal 
Government. I believe that is correct, and we should all be proud of 
the organization's dedication to improving the health of Americans and 
mankind.
  The bill before the full House tonight improves on that commitment by 
providing sustainable funding increases for medical research, granting 
the NIH Director more authority and increasing accountability, and it 
creates the Common Fund to put dollars toward trans-NIH research 
activities. These trans-NIH research initiatives will make historic 
breakthroughs in medical research.
  Already, the National Cancer Institute and the National Human Genome 
Research Institute are collaborating on the Cancer Genome Atlas. This 
project will develop a useful atlas of the changes that occur in the 
human genetic blueprint associated with all types of cancers. This 
project will give medical professionals a new generation of targeted 
diagnostics, therapies and preventative services to treat a host of 
different cancers.
  We are, indeed, Mr. Speaker, moving in the right direction. We are, 
indeed, doing good work for the American people with the 
reauthorization of this bill, and this bill maintains that important 
momentum. Be it a cure for cancer or greater understanding of the human 
genome or advances in heart disease, an avian flu vaccine, the National 
Institutes of Health has a proven record of innovation.
  Mr. Speaker, this is a good bill. By increasing the authorized level 
by 5 percent, Chairman Barton and Chairman Deal have produced a 
bipartisan approach to capitalizing on the gains made by the NIH over 
the past several years.
  Vote for your constituents and the future of medical care by voting 
in favor of H.R. 6164.
                                            Federation of American


                           Societies for Experimental Biology,

                                 Bethesda, MD, September 26, 2006.
     Hon. Joe Barton,
     Chairman, House Energy and Commerce Committee, House of 
         Representatives, Washington, DC.
       Dear Chairman Barton: Please accept my thanks again for the 
     opportunity to testify in support of your NIH reauthorization 
     legislation on behalf of the Federation of American Societies 
     for Experimental Biology (FASEB), The biomedical research 
     community continues to support your vision for our nation's 
     premier medical research agency.
       I fully appreciate that one of the fundamental questions 
     faced by your committee in producing this legislation was how 
     to balance the responsibility of setting priorities for 
     funding within NIH. FASEB strongly concurs with your view, as 
     delineated in the reauthorization bill, that Congress 
     continue to set overall funding levels for Institutes, 
     Centers and the Common Fund, but that the selection of 
     specific research areas to be funded remains principally the 
     responsibility of NIH, through merit-based peer review. We 
     believe that the NIH has the fullest understanding of not 
     only the human and economic costs of a disease, but also of 
     the scientific challenges and current opportunities that 
     exist in specific areas and more broadly in biomedical 
     research. Moreover, FASEB feels this role will only be 
     strengthened by the portfolio management provisions of the 
     NIH Reform Act.
       We thank you for your leadership in protecting NIH from 
     disease-specific funding set asides. From the FASEB 
     perspective, directed research initiatives fail to recognize 
     several principles inherent to the nature of medical 
     research. Basic research, recognized universally as the 
     foundation of most advances in disease-specific research, 
     will inevitably suffer in a politically based system of 
     allocating scarce dollars. Thus, we doubly appreciate your 
     legislation's emphasis on investigator-initiated competitive 
     research. ``Furthermore, earmarking by disease is not 
     necessarily the way to produce breakthroughs in a particular 
     area, since research in one area often produces unpredictable 
     results that find specific use in another. There are numerous 
     examples of the ``serendipity of science'' and there will be 
     many more in the future. Disease specific funding runs 
     counter to this well observed phenomenon.
       In conclusion, FASEB reiterates its support for the NIH 
     Reform Act of 2006. It is a tremendously successful balance 
     that both improves upon the current system and preserves 
     those aspects that have allowed NIH to achieve its global 
     preeminence in medical research.
           Sincerely,
                                                    Leo T. Furcht,
                                                  FASEB President.

  Mr. DINGELL. Mr. Speaker, I rise in support of H.R. 6164, the 
``National Institutes of Health Reform Act of 2006''. Despite certain 
shortcomings, this is an important piece of legislation that contains 
many significant and commendable goals.
  I want to congratulate Chairman Barton on crafting and moving the 
first National Institutes of Health (NIH) reauthorization bill in 13 
years and I thank him for reaching out to stakeholders and colleagues 
on both sides of the aisle. In view of the numerous stakeholder 
endorsements of this bill, it appears that a careful balance has been 
struck in many of the bill's provisions.
  The bill is based on several recommendations of the Institute of 
Medicine report, ``Enhancing the Vitality of the National Institutes of

[[Page H7464]]

Health.'' I hope that the provisions on greater accountability and 
transparency will help NIH use its resources in the most effective, 
efficient, and equitable manner possible.
  The greatest problem this Congress has created for NIH, however, is 
tight funding. After years of significant funding increases for NIH in 
its fight against disease, this Congress has effectively chosen to 
provide flat funding for NIH. After adjusting for inflation, this 
actually is a funding cut.
  Further compromising NIH's funding stream is the House budget 
resolution, passed on a partisan basis, that has resulted in a budget 
allocation for the House Labor-HHS Appropriations Subcommittee that 
virtually guarantees the flat funding of programs in its jurisdiction, 
including NIH. Tax cuts for the wealthy have a higher priority than 
domestic programs such as education or preventing and curing diseases.
  A vast increase in the number of grant applications coupled with a 
frozen level of funding has forced NIH into a fiscal crisis. This year, 
the NIH budget decreased for the first time in over 30 years. President 
Bush has asked that we keep NIH's funding at the same level as FY 2007, 
but doing so would demonstrate a lack of commitment to the goals and 
ideals of NIH.
  We are voting today on a bill that purports to authorize a 5 percent 
increase in the NIH budget over each of the next 3 years. This is too 
small. And when the Congressional Budget Office scores this bill, it 
will score it as costing nothing. That is because it merely authorizes 
appropriations, and there is no reason to believe that there will be 
any increase this year, no matter what we do today.
  But despite the shortcoming in authorization levels, the bill 
contains many useful reforms, and has the overwhelming support of those 
organizations in the front lines of the fight against disease. I urge 
my colleagues to support it.
  Mr. LANTOS. Mr. Speaker, tonight's debate on the National Institutes 
of Health Reform Act of 2006 is extremely important to the well-being 
of our Nation. The National Institutes of Health (NIH) is the world's 
greatest medical research center with its 27 separate institutes and 
centers. The lives of millions of Americans are directly impacted by 
the work of NIH helping prevent, detect, diagnose, and treat disease 
and disability. Medical research conducted by NIH has a proven record 
and with our support NIH will provide medical miracles for tomorrow.
  I am pleased that the University of California, San Francisco (UCSF), 
in my congressional district is a leader in providing biomedical 
research, educating health care professionals and providing patient 
care. Its medical research developed gene-splicing techniques that have 
revolutionized biology and opened the biotechnology industry to save 
lives. NIH provides essential funding for USCF's promising research to 
treat AIDS, cancer, and diabetes and leading the way in stem cell 
biology.
  Mr. Speaker, this bill aims to restructure NIH and reauthorize the 
agency for the first time since 1993. Among its provisions are a 5 
percent increase in the budget for fiscal years 2007-09, and the 
creation of a common fund that would finance research projects that 
involve multiple institutes or centers at NIH.
  NIH is a beacon of hope for millions suffering from everything from 
the common cold to cancer, and we cannot fail in our commitment or turn 
our backs on those most in need of benefits of vital research.
  One of the beneficiaries is my granddaughter, Charity. As many of you 
know, she has been diagnosed with Pulmonary Hypertension (PH), a 
chronic and progressive disease. Unlike systemic hypertension or ``high 
blood pressure'', PH is typically fatal. The blood vessel walls that 
make up the pulmonary artery and supply the lungs get thicker and often 
constrict. Reducing the capacity of the blood vessels makes them unable 
to carry sufficient blood to the lungs. This causes pressure to build 
up within the heart, which works harder to pump blood. Eventually, it 
cannot keep up, and there is less blood circulating through the lungs 
to pick up necessary oxygen. While PH is characterized as a disease of 
the lungs, patients ultimately die of heart failure.
  This is why I joined with my dear friend, Congressman Kevin Brady of 
Texas, in introducing H.R. 3005, the Pulmonary Hypertension Research 
Act of 2005. This bipartisan legislation is cosponsored by almost 250 
Members of Congress. Mr. Brady and I have worked very hard for the 
passage of this bill. Senators Mikulski and Cornyn have introduced a 
companion bill in the Senate. Its bipartisan, bicameral support 
highlights this body's concern for PH patients.
  The Pulmonary Hypertension Research Act requires the Director of the 
National Heart, Lung, and Blood Institute to expand the activities of 
the Institute with respect to research on Pulmonary Hypertension. 
Furthermore, it calls for the creation of centers of excellence to 
conduct research on PH, including basic and clinical research into the 
cause, diagnosis, early detection, prevention, control, and treatment 
of the disease. The bill also establishes a data system for the 
collection of data derived from patient populations with Pulmonary 
Hypertension and an information clearinghouse to facilitate the 
understanding of PH by health professionals, patients, industry, and 
the public.
  It is my hope, Chairman Barton, that there will be report language in 
the NIH reauthorization bill that directly addresses the looming 
specter of Pulmonary Hypertension. We need to deal with this disease 
during the I09th Congress and not put off our duty until next year.
  NIH, impressively led by Dr. Elias Zerhouni, and the National Heart, 
Lung and Blood Institute, NHLBI, under the outstanding leadership of 
Dr. Elizabeth Nabel, are doing their utmost to tackle this issue that 
is so personal to me. They also are working on thousands of other 
diseases, which attack both large and small populations, to ensure the 
well being of our Nation's most vulnerable.
  I particularly would like to thank Dr. Mark Gladwin at NHLBI for his 
tireless efforts and unbreakable optimism as Chief of the Vascular 
Medicine Branch. He has been an incredible example of the selfless 
efforts of so many thousands of investigators throughout the many 
branches of NIH whose sole purpose is to find a cure. They set their 
sights on the cure for HIV/AIDS, breast cancer, or Pulmonary 
Hypertension and they do not waiver from their cause.
  Mr. Speaker, I urge my colleagues to join me in supporting NIH. NIH 
needs our support. We cannot hamper scientific progress. The lives of 
millions of Americans depend upon this critical Institute.
  Mr. VAN HOLLEN. Mr. Speaker, I rise to today to express my strong 
support for H.R. 6164, the National Institutes of Health Reform Act of 
2006.
  I commend the Energy and Commerce Committee for bringing a bipartisan 
bill to this floor. It is long overdue for Congress to reauthorize the 
NIH--the last NIH authorization was 13 years ago. This bill authorizes 
5 percent increases in funding for the NIH annually through FY 2009. In 
addition, it will increase the effectiveness of research efforts by 
reducing repetitive research and maximize strategic coordination and 
planning. This reauthorization will improve the transparency of 
research activities, accountability of research dollars and 
coordination of research efforts at the NIH. The reforms that are 
proposed in this bill will allow the NIH to continue to achieve 
groundbreaking scientific discoveries that will benefit millions of 
Americans.
  While this NIH reauthorization bill provides for increased funding 
for each fiscal year, I am extremely disappointed that Congress has not 
recently followed suit the last few years. After successfully doubling 
the NIH budget over 5 years in a bipartisan manner that ended in 2003, 
funding for the NIH since 2004 has failed to keep up with inflation. 
And funding was cut in actual dollar terms for the first time in 36 
years in 2006 by $62 million. For 2007, the President and the 
Republican congressional leadership have proposed a freeze in NIH 
funding. In addition, all 19 Institutes would receive less funding in 
the House version of the FY 2007 Labor-HHS-Education Appropriations 
bill. This is going in the wrong direction.
  If Congress does not provide annual funding increases for the NIH, 
the reforms undertaken in the NIH Reauthorization bill will be less 
meaningful because we will not be able to provide the NIH and 
scientists the resources to discover new breakthroughs in biomedical 
research. Those discoveries, in turn, will lead to better ways of 
diagnosing and treating many diseases.
  I am very proud of the fact that the National Institutes of Health 
has its home in my congressional district. We also have a flourishing 
biomedical research industry--with the help of the NIH--that is on the 
threshold of many new discoveries and many new cures. We have the 
potential for breakthroughs in so many areas. While I support the 
National Institutes of Health Reform Act of 2006, Congress must 
adequately fund the NIH at the level it deserves. Now is not the time 
to rest.
  Mr. WAXMAN. Mr. Speaker, the NIH Reform Act of 2006 reauthorizes the 
authority for one of the preeminent health agencies of the Federal 
government, recognized for its fine work here and around the world.
  This is not an agency that is broken or in need of fundamental 
reform. The single most important thing we could do to improve its 
function is to provide it with sufficient appropriations to expand its 
research activities and fund more grants. Instead, over the recent 
years of this Congress, we have consistently provided appropriations 
which are not sufficient to cover inflationary increases in research 
costs, let alone continue expansion of the work of this agency. In 
2006, in fact, the budget was cut in actual dollar terms--the first 
time this has occurred in 36 years.
  While I recognize Chairman Barton is signaling with this legislation 
his belief that the growth in appropriations needs to be higher, it

[[Page H7465]]

is clear that what most needs to be done is to change the fiscal 
policies of this Administration and Congress, and the budgets they 
establish, so that indeed more funds can be directed to this valuable 
institution. Voting for higher authorizations, if in fact votes for 
higher appropriations do not follow, means little.
  This bill establishes a ceiling in the authorization, and provides 
that half of all increased appropriations would go into a Common Fund 
in the Office of the Director. If we followed this combination, it 
would mean 3 more years where appropriations for the institutes won't 
cover inflation. I regret that our dismal record of recent years of 
failing to provide sufficient appropriations for the NIH has made the 
authorization levels in this bill seem generous. They are not.
  Certainly, there are proposals in this legislation that are worthy of 
support, and I will support this bill moving forward. Mr. Barton has 
worked hard to moderate his original proposal, and he has secured 
support from the community as a result of his efforts.
  I do urge the Senate, however, as they consider this bill, to pay 
particular attention to provisions which allow the Administration to 
abolish institutes and offices established by law without the consent 
of the Congress. The bill also establishes a Scientific Management 
Review Board, with similar powers to change the organization of the NIH 
with no Congressional involvement. Although I recognize that the 
Secretary has authority to make these kinds of changes under current 
law, no Secretary has ever used it. So these provisions breathe life 
into an authority that has long lain dormant. In my view, it is not a 
wise move for the Congress to affirm and expand the authority of the 
Administration to undo the actions of the Congress. We should not put 
the Office of Women's Health, or the Office of AIDS Research, or the 
Office of Rare Diseases, at risk. These were established by the 
Congress because the Executive Branch did not recognize their need.
  I will support the bill moving forward. And I look forward to its 
continued improvement.
  Mrs. CHRISTENSEN. Mr. Speaker, I want to join my colleagues in 
applauding Chairman Barton and Ranking Member Dingell for their 
leadership on health matters and for ensuring that we could pass the 
reauthorization of NIH before we go home. I also commend my CBC 
colleague and friend, Bobby Rush, for leading the effort to preserve 
the integrity of the National Center for Minority Health Disparity 
Research.
  I am pleased that the reauthorization of NIH will allow the nation's 
premiere research centers and institutes to continue to play a 
critically important role advancing efforts to beat HIV/AIDS, diabetes, 
and cancer, as well as racial and ethnic health disparities among men, 
women and children in this country.
  As a physician, I know--first hand--how critically important and 
valuable sound research is to the medical and health care community. As 
the Chair of the CBC Health Braintrust, I know that racial and ethnic 
health disparities have and continue to leave millions of Americans in 
poorer health and more likely to die from preventable conditions.
  Mr. Speaker, I also know that strategies to reduce and ultimately 
eliminate racial and ethnic disparities in chronic and acute conditions 
will never be successful without strong biomedical and bio-behavioral 
research--the very research the Center was created to lead, coordinate 
support and assess at NIH.
  This center is the product of the hard work of many individuals in 
and out of Congress and embodies the promise of modern and future 
medicine to close the gaps in health care experienced by people of 
color and improve the health of all Americans as we also contribute to 
resolving some of the world's pressing health challenges.
  It is my hope that as we reform the NIH and place more authority in 
the office of Director that the integrity of the scientific process 
will continue to be respected and protected from political and 
ideological interference. I urge my colleagues to support the adoption 
of H.R. 6164.
  Mr. BURGESS. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Bonner). The question is on the motion 
offered by the gentleman from Texas (Mr. Barton) that the House suspend 
the rules and pass the bill, H.R. 6164.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of 
those present have voted in the affirmative.
  Mr. BURGESS. Mr. Speaker, on that I demand the yeas and nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this question will 
be postponed.

                          ____________________