[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.
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