[Congressional Record Volume 152, Number 135 (Friday, December 8, 2006)]
[House]
[Pages H9235-H9243]
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. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendment to 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:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``National Institutes of
Health Reform Act of 2006''.
TITLE I--NIH REFORM
SEC. 101. 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
[[Page H9236]]
shall be a Division of Program Coordination, Planning, and
Strategic Initiatives (referred to in this subsection as the
`Division').
``(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.''.
(b) Additional Provisions Regarding Organization.--Section
401 of the Public Health Service Act, as added by subsection
(a) of this section, is amended--
(1) in subsection (d), by adding at the end the following:
``(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.''; and
(2) by adding after subsection (d) the following:
``(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 the research portfolio of the National
Institutes of Health (referred to in this subsection as
`NIH') in order to determine the progress and effectiveness
and value of the portfolio and the allocation among the
portfolio activities 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) taking into account historical funding and support
for research activities at national research institutes and
centers that have been established recently relative to
national research institutes and centers that have been in
existence for more than two decades;
``(III) estimating the level of resources needed to
implement the proposed changes;
``(IV) 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; and
``(V) analyzing the consequences for the progress of
research in the areas affected by the proposed changes.
``(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 Board shall consist of the
Director of NIH, who shall be a permanent nonvoting member on
an ex officio basis, and an odd number of additional members,
not to exceed 21, all of whom shall be voting members. The
voting members of the Board shall be the following:
``(A) 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.
``(B) 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 members of the Board appointed
under paragraph (3)(B). 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.
``(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 and the
Committee on Appropriations of the House of Representatives;
``(ii) the Committee on Health, Education, Labor, and
Pensions and the Committee on Appropriations of 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
[[Page H9237]]
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 paragraphs (2), (3), and (4) 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) Inapplicability to certain reorganizations.--
Paragraph (1) does not apply to a recommendation made in a
report under subsection (e)(2)(A) if the recommendation is
for--
``(A) an organizational change under subsection (d)(2) that
constitutes the establishment, termination, or consolidation
of one or more national research institutes or national
centers; or
``(B) an organizational change under subsection (d)(3).
``(3) 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).
``(4) Congressional review.--An organizational change under
subsection (d)(2) that is initiated pursuant to paragraph (1)
shall be carried out by regulation in accordance with the
procedures for substantive rules under section 553 of title
5, United States Code. A rule under the preceding sentence
shall be considered a major rule for purposes of chapter 8 of
such title (relating to congressional review of agency
rulemaking).
``(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.''.
(c) 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. 102. AUTHORITY OF DIRECTOR OF NIH.
(a) Secretary Acting Through the Director.--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 ``the Secretary'' in the matter preceding
paragraph (1) and all that follows through paragraph (1) and
inserting the following: ``the Secretary, acting through the
Director of NIH--
``(1) shall carry out this title, including being
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;''.
(b) Additional Authorities.--Section 402(b) of the Public
Health Service Act, as amended by subsection (a) of this
section, is amended by striking paragraphs (2) and (3) and
inserting the following:
``(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 duplication, 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 have authority to review and approve the
establishment of all centers of excellence recommended by the
national research institutes;
``(11)(A) shall oversee research training for all of the
national research institutes and National Research Service
Awards in accordance with section 487; and
``(B) may conduct and support research training--
``(i) for which fellowship support is not provided under
section 487; and
``(ii) that does not consist of residency training of
physicians or other health professionals;
``(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;''.
(c) 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.
(d) Advisory Council for Director of NIH.--Section 402 of
the Public Health Service Act, as amended by subsection (c)
of this section, is amended by adding after subsection (j)
the following subsection:
``(k) Council of Councils.--
``(1) Establishment.--Not later than 90 days after the date
of the enactment of the National Institutes of Health Reform
Act of 2006, 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).
``(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
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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.
``(iii) Members of the Council of Public Representatives.
``(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.''.
(e) 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''.
(f) Conforming Amendments.--
(1) Public health service act.--The Public Health Service
Act (42 U.S.C. 201 et seq.) is amended--
(A) in section 402(a), by striking ``Director of the
National Institutes of Health'' and all that follows through
``who shall'' and inserting ``Director of NIH who shall'';
and
(B) in sections 405(c)(3)(A), 452(c)(1)(E)(i), and
492(a)(2), by striking the term ``402(b)(6)'' each place such
term appears and inserting ``402(b)(16)''.
(2) Federal food, drug, and cosmetic act.--Section 561(c)
of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
360bbb) is amended in the matter following paragraph (7) by
striking ``402(j)(3)'' and inserting ``402(i)(3)''.
(g) 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 Secretary of
Health and Human Services and the Director of NIH under
section 401 of the Public Health Service Act (as amended by
section 101 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. 103. 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) $30,331,309,000 for fiscal year 2007;
``(2) $32,831,309,000 for fiscal year 2008; and
``(3) such sums as may be necessary 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 such sums as may be necessary for each of the
fiscal years 2007 through 2009.
``(c) Trans-NIH Research.--
``(1) Common fund.--
``(A) Account.--For the purpose of allocations under
section 402(b)(7)(B) (relating to research identified by the
Division of Program Coordination, Planning, and Strategic
Initiatives), there is established an account to be known as
the Common Fund.
``(B) Reservation.--
``(i) In general.--Of the total amount appropriated under
subsection (a) for fiscal year 2007 or any subsequent fiscal
year, the Director of NIH shall reserve an amount for the
Common Fund, subject to any applicable provisions in
appropriations Acts.
``(ii) Minimum amount.--For each fiscal year, the
percentage constituted by the amount reserved under clause
(i) relative to the total amount appropriated under
subsection (a) for such year may not be less than the
percentage constituted by the amount so reserved for the
preceding fiscal year relative to the total amount
appropriated under subsection (a) for such preceding fiscal
year, subject to any applicable provisions in appropriations
Acts.
``(C) Common fund strategic planning report.--Not later
than June 1, 2007, and every 2 years thereafter, the
Secretary, acting through the Director of NIH, shall submit a
report to the Congress containing a strategic plan for
funding research described in section 402(b)(7)(A)(i)
(including personnel needs) through the Common Fund. Each
such plan shall include the following:
``(i) An estimate of the amounts determined by the Director
of NIH to be appropriate for maximizing the potential of such
research.
``(ii) An estimate of the amounts determined by the
Director of NIH to be sufficient only for continuing to fund
research activities previously identified by the Division of
Program Coordination, Planning, and Strategic Initiatives.
``(iii) An estimate of the amounts determined by the
Director of NIH to be necessary to fund research described in
section 402(b)(7)(A)(i)--
``(I) that is in addition to the research activities
described in clause (ii); and
``(II) for which there is the most substantial need.
``(D) Evaluation.--During the 6-month period following the
end of the first fiscal year for which the total amount
reserved under subparagraph (B) 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 regarding amounts for the Common Fund.
``(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, in cases of discrepancy, 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 subsection (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.''.
(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 102(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;
[[Page H9239]]
(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. 104. REPORTS.
(a) Report of Director of NIH.--The Public Health Service
Act (42 U.S.C. 201 et seq.), as amended by section 103(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 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
minority health and health disparities.
``(C) Research activities listed in the catalog shall
include, where applicable, 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--
``(I) National Research Service Awards and Clinical
Transformation Science Awards;
``(II) graduate medical education programs, including
information on the number and type of graduate degrees
awarded during the period in which the programs received
funding under this title;
``(III) investigator-initiated awards for postdoctoral
training;
``(IV) a breakdown by demographic variables and other
appropriate categories; and
``(V) an evaluation and comparison of outcomes and
effectiveness of various training programs.
``(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, where applicable:
``(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) Minority health and health disparities.
``(L) Such additional categories as the Director determines
to be appropriate.
``(6) A review of each entity receiving funding under this
title in its capacity as a center of excellence (in this
paragraph referred to as a `center of excellence'), including
the following:
``(A) An evaluation of the performance and research
outcomes of each center of excellence.
``(B) Recommendations for promoting coordination of
information among the centers of excellence.
``(C) Recommendations for improving the effectiveness,
efficiency, and outcomes of the centers of excellence.
``(D) If no additional centers of excellence have been
funded under this title since the previous report under this
section, an explanation of the reasons for not funding any
additional centers.
``(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.
``(c) Additional Reports.--In addition to reports required
by subsections (a) and (b), the Director of NIH or the head
of a national research institute or national center may
submit to the Congress such additional reports as the
Director or the head of such institute or center 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(i).
``(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 and the Committee on Appropriations of
the House of Representatives, and the Committee on Health,
Education, Labor, and Pensions and the Committee on
Appropriations 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.
[[Page H9240]]
``(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 and the Committee on
Appropriations of the House of Representatives, and the
Committee on Health, Education, Labor, and Pensions and the
Committee on Appropriations 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.
``SEC. 403C. ANNUAL REPORTING REGARDING TRAINING OF GRADUATE
STUDENTS FOR DOCTORAL DEGREES.
``(a) In General.--Each institution receiving an award
under this title for the training of graduate students for
doctoral degrees shall annually report to the Director of
NIH, with respect to each degree-granting program at such
institution--
``(1) the percentage of students admitted for study who
successfully attain a doctoral degree; and
``(2) for students described in paragraph (1), the average
time between the beginning of graduate study and the receipt
of a doctoral degree.
``(3) Provision of information to applicants.--Each
institution described in subsection (a) shall provide to each
student submitting an application for a program of graduate
study at such institution the information described in
paragraphs (1) and (2) of such subsection with respect to the
program or programs to which such student has applied.''.
(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 103(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;
(II) 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. 105. 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 102(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
Secretary, acting through 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 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 when
appropriate 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 102(c) of
this Act).
(c) Report to Congress.--Not later than the end of fiscal
year 2009, the Secretary, acting through 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 terms in
section 401 of the Public Health Service Act.
[[Page H9241]]
SEC. 106. ENHANCING THE CLINICAL AND TRANSLATIONAL SCIENCE
AWARD.
(a) In General.--In administering the Clinical and
Translational Science Award, the Director of NIH shall
establish a mechanism to preserve independent funding and
infrastructure for pediatric clinical research centers by--
(1) allowing the appointment of a secondary principal
investigator under a single Clinical and Translational
Science Award, such that a pediatric principal investigator
may be appointed with direct authority over a separate budget
and infrastructure for pediatric clinical research; or
(2) otherwise securing institutional independence of
pediatric clinical research centers with respect to finances,
infrastructure, resources, and research agenda.
(b) Report.--As part of the biennial report under section
403 of the Public Health Service Act, the Director of NIH
shall provide an evaluation and comparison of outcomes and
effectiveness of training programs under subsection (a).
(c) Definition.--For purposes of this section, the term
``Director of NIH'' has the meaning given such term in
section 401 of the Public Health Service Act.
SEC. 107. 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. 108. MISCELLANEOUS AMENDMENTS.
(a) Certain Authorities of the Secretary.--
(1) In general.--Section 401 of the Public Health Service
Act, as added and amended by section 101, is amended in
subsection (d) by inserting after paragraph (1) a subsection
that is identical to section 401(c) of such Act as in effect
on the day before the date of the enactment of this Act. The
subsection so inserted is amended--
(A) by striking ``(c)(1) The Secretary may'' and inserting
the following:
``(2) Reorganization of institutes.--
``(A) In general.--The Secretary may'';
(B) by striking ``(A) the Secretary determines'' and
inserting the following:
``(i) the Secretary determines'';
(C) by striking ``(B) the additional'' and inserting the
following:
``(ii) the additional''; and
(D) by striking ``(2) The Secretary may'' and inserting the
following:
``(B) Additional authority.--The Secretary may''.
(2) Conforming amendments.--Section 401(d)(2) of the Public
Health Service Act, as designated by paragraph (1) of this
subsection, is amended--
(A) in subparagraph (A)(ii), by striking ``subparagraph
(A)'' and inserting ``clause (i)''; and
(B) by striking ``Labor and Human Resources'' each place
such term appears and inserting ``Health, Education, Labor,
and Pensions''.
(b) Certain Research Centers.--Section 414 of the Public
Health Service Act (42 U.S.C. 285a-3) is amended by adding at
the end the following subsection:
``(d) Research centers under this section may not be
considered centers of excellence for purposes of section
402(b)(10).''.
SEC. 109. APPLICABILITY.
This title and the amendments made by this title apply only
with respect to amounts appropriated for fiscal year 2007 or
subsequent fiscal years.
TITLE II--MISCELLANEOUS PROVISIONS
SEC. 201. REDISTRIBUTION OF CERTAIN UNUSED SCHIP ALLOTMENTS
FOR FISCAL YEARS 2004 AND 2005 TO REDUCE
FUNDING SHORTFALLS FOR FISCAL YEAR 2007.
(a) Redistribution of Certain Unused SCHIP Allotments.--
Section 2104 of the Social Security Act (42 U.S.C. 1397dd) is
amended by adding at the end the following new subsection:
``(h) Special Rules to Address Fiscal Year 2007
Shortfalls.--
``(1) Redistribution of unused fiscal year 2004
allotments.--
``(A) In general.--Notwithstanding subsection (f) and
subject to subparagraphs (C) and (D), with respect to months
beginning during fiscal year 2007, the Secretary shall
provide for a redistribution under such subsection from the
allotments for fiscal year 2004 under subsection (b) that are
not expended by the end of fiscal year 2006, to a shortfall
State described in subparagraph (B), such amount as the
Secretary determines will eliminate the estimated shortfall
described in such subparagraph for such State for the month.
``(B) Shortfall state described.--For purposes of this
paragraph, a shortfall State described in this subparagraph
is a State with a State child health plan approved under this
title for which the Secretary estimates, subject to paragraph
(4)(B) and on a monthly basis using the most recent data
available to the Secretary as of such month, that the
projected expenditures under such plan for such State for
fiscal year 2007 will exceed the sum of--
``(i) the amount of the State's allotments for each of
fiscal years 2005 and 2006 that was not expended by the end
of fiscal year 2006; and
``(ii) the amount of the State's allotment for fiscal year
2007.
``(C) Funds redistributed in the order in which states
realize funding shortfalls.--The Secretary shall redistribute
the amounts available for redistribution under subparagraph
(A) to shortfall States described in subparagraph (B) in the
order in which such States realize monthly funding shortfalls
under this title for fiscal year 2007. The Secretary shall
only make redistributions under this paragraph to the extent
that there are unexpended fiscal year 2004 allotments under
subsection (b) available for such redistributions.
``(D) Proration rule.--If the amounts available for
redistribution under subparagraph (A) for a month are less
than the total amounts of the estimated shortfalls determined
for the month under that subparagraph, the amount computed
under such subparagraph for each shortfall State shall be
reduced proportionally.
``(2) Funding remainder of reduction of shortfall for
fiscal year 2007 through redistribution of certain unused
fiscal year 2005 allotments.--
``(A) In general.--Subject to subparagraphs (C) and (D) and
paragraph (5)(B), with respect to months beginning during
fiscal year 2007 after March 31, 2007, the Secretary shall
provide for a redistribution under subsection (f) from
amounts made available for redistribution under paragraph (3)
to each shortfall State described in subparagraph (B), such
amount as the Secretary determines will eliminate the
estimated shortfall described in such subparagraph for such
State for the month.
``(B) Shortfall state described.--For purposes of this
paragraph, a shortfall State described in this subparagraph
is a State with a State child health plan approved under this
title for which the Secretary estimates, subject to paragraph
(4)(B) and on a monthly basis using the most recent data
available to the Secretary as of March 31, 2007, that the
projected expenditures under such plan for such State for
fiscal year 2007 will exceed the sum of--
``(i) the amount of the State's allotments for each of
fiscal years 2005 and 2006 that was not expended by the end
of fiscal year 2006;
``(ii) the amount, if any, that is to be redistributed to
the State in accordance with paragraph (1); and
``(iii) the amount of the State's allotment for fiscal year
2007.
``(C) Funds redistributed in the order in which states
realize funding shortfalls.--The Secretary shall redistribute
the amounts available for redistribution under subparagraph
(A) to shortfall States described in subparagraph (B) in the
order in which such States realize monthly funding shortfalls
under this title for fiscal year 2007. The Secretary shall
only make redistributions under this paragraph to the extent
that such amounts are available for such redistributions.
``(D) Proration rule.--If the amounts available for
redistribution under paragraph (3) for a month are less than
the total amounts of the estimated shortfalls determined for
the month under subparagraph (A), the amount computed under
such subparagraph for each shortfall State shall be reduced
proportionally.
``(3) Treatment of certain states with fiscal year 2005
allotments unexpended at the end of the first half of fiscal
year 2007.--
``(A) Identification of states.--The Secretary, on the
basis of the most recent data available to the Secretary as
of March 31, 2007--
``(i) shall identify those States that received an
allotment for fiscal year 2005 under subsection (b) which
have not expended all of such allotment by March 31, 2007;
and
``(ii) for each such State shall estimate--
``(I) the portion of such allotment that was not so
expended by such date; and
``(II) whether the State is described in subparagraph (B).
``(B) States with funds in excess of 200 percent of need.--
A State described in this subparagraph is a State for which
the Secretary determines, on the basis of the most recent
data
[[Page H9242]]
available to the Secretary as of March 31, 2007, that the
total of all available allotments under this title to the
State as of such date, is at least equal to 200 percent of
the total projected expenditures under this title for the
State for fiscal year 2007.
``(C) Redistribution and limitation on availability of
portion of unused allotments for certain states.--
``(i) In general.--In the case of a State identified under
subparagraph (A)(i) that is also described in subparagraph
(B), notwithstanding subsection (e), the applicable amount
described in clause (ii) shall not be available for
expenditure by the State on or after April 1, 2007, and shall
be redistributed in accordance with paragraph (2).
``(ii) Applicable amount.--For purposes of clause (i), the
applicable amount described in this clause is the lesser of--
``(I) 50 percent of the amount described in subparagraph
(A)(ii)(I); or
``(II) $20,000,000.
``(4) Special rules.--
``(A) Expenditures limited to coverage for populations
eligible on october 1, 2006.--A State shall use amounts
redistributed under this subsection only for expenditures for
providing child health assistance or other health benefits
coverage for populations eligible for such assistance or
benefits under the State child health plan (including under a
waiver of such plan) on October 1, 2006.
``(B) Regular fmap for expenditures for coverage of
nonchild populations.--To the extent a State uses amounts
redistributed under this subsection for expenditures for
providing child health assistance or other health benefits
coverage to an individual who is not a child or a pregnant
woman, the Federal medical assistance percentage (as defined
in the first sentence of section 1905(b)) applicable to the
State for the fiscal year shall apply to such expenditures
for purposes of making payments to the State under subsection
(a) of section 2105 from such amounts.
``(5) Retrospective adjustment.--
``(A) In general.--The Secretary may adjust the estimates
and determinations made under paragraphs (1), (2), and (3) as
necessary on the basis of the amounts reported by States not
later than November 30, 2007, on CMS Form 64 or CMS Form 21,
as the case may be and as approved by the Secretary, but in
no case may the applicable amount described in paragraph
(3)(C)(ii) exceed the amount determined by the Secretary on
the basis of the most recent data available to the Secretary
as of March 31, 2007.
``(B) Funding of any retrospective adjustments only from
unexpended 2005 allotments.--Notwithstanding subsections (e)
and (f), to the extent the Secretary determines it necessary
to adjust the estimates and determinations made for purposes
of paragraphs (1), (2), and (3), the Secretary may use only
the allotments for fiscal year 2005 under subsection (b) that
remain unexpended through the end of fiscal year 2007 for
providing any additional amounts to States described in
paragraph (2)(B) (without regard to whether such unexpended
allotments are from States described paragraph (3)(B)).
``(C) Rules of construction.--Nothing in this subsection
shall be construed as--
``(i) authorizing the Secretary to use the allotments for
fiscal year 2006 or 2007 under subsection (b) of States
described in paragraph (3)(B) to provide additional amounts
to States described in paragraph (2)(B) for purposes of
eliminating the funding shortfall for such States for fiscal
year 2007; or
``(ii) limiting the authority of the Secretary to
redistribute the allotments for fiscal year 2005 under
subsection (b) that remain unexpended through the end of
fiscal year 2007 and are available for redistribution under
subsection (f) after the application of subparagraph (B).
``(6) 1-year availability; no further redistribution.--
Notwithstanding subsections (e) and (f), amounts
redistributed to a State pursuant to this subsection for
fiscal year 2007 shall only remain available for expenditure
by the State through September 30, 2007, and any amounts of
such redistributions that remain unexpended as of such date,
shall not be subject to redistribution under subsection (f).
Nothing in the preceding sentence shall be construed as
limiting the ability of the Secretary to adjust the
determinations made under paragraphs (1), (2), and (3) in
accordance with paragraph (5).
``(7) Definition of state.--For purposes of this
subsection, the term `State' means a State that receives an
allotment for fiscal year 2007 under subsection (b).''.
(b) Extending Authority for Qualifying States to Use
Certain Funds for Medicaid Expenditures.--Section
2105(g)(1)(A) of such Act (42 U.S.C. 1397ee(g)(1)(A)) is
amended by striking ``or 2005'' and inserting ``2005, 2006,
or 2007''.
(c) Report to Congress.--Not later than April 30, 2007, the
Secretary of Health and Human Services shall submit a report
to the Committee on Energy and Commerce of the House of
Representatives and the Committee on Finance of the Senate
regarding the amounts redistributed to States under section
2104 of the Social Security Act to reduce funding shortfalls
for the State Children's Health Insurance Program (SCHIP) for
fiscal year 2007. Such report shall include descriptions and
analyses of--
(1) the extent to which such redistributed amounts have
reduced or eliminated such shortfalls on the basis of reports
by States submitted to the Secretary as of April 1, 2007; and
(2) the effect of the redistribution and limited
availability of unexpended fiscal year 2005 allotments under
such program on the States described in section 2104(h)(3)(B)
of the Social Security Act (42 U.S.C. 1397dd(h)(3)(B)) on the
basis of reports by States submitted to the Secretary as of
such date.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Barton) and the gentleman from New Jersey (Mr. Pallone) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
Mr. BARTON of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in the absolute strongest possible support
of passage of the National Institutes of Health Reauthorization Act.
This legislation, as amended by the Senate, passed the House by
landmark votes several months ago of 414-2. It is not often that we see
a bill of this magnitude receive such widespread support in both the
House and the Senate.
We should all be proud of ourselves for this bipartisan, bicameral
product. This represents the culmination of three hard-fought years
spent trying to reauthorize the NIH, a crown jewel of the Federal
Government.
When I first took over as chairman of the Energy and Commerce
Committee, I was surprised to learn that such an important agency of
our Federal Government had not been authorized for over 13 years. Now I
know why. The amount of work required to restructure this agency and at
the same time gain the involvement and support of all the stakeholders
and advocacy groups has been absolutely breathtaking.
However, having said that, the hard work has paid off, and we now see
the fruits of our labors before us this evening. The Energy and
Commerce Committee has adopted numerous pieces of legislation in the
years that I have served as chairman, but I would not put one piece of
legislation, including the Energy Policy Act, which was a very major
effort, above the importance of this bill that is before us right now.
I want to thank Congressman John Dingell, the ranking member, soon to
be the chairman again of the committee, for his tireless efforts.
I want to thank Anna Eshoo. I want to thank Richard Neal. I want to
thank the Speaker of the House, and the majority leader, John Boehner.
I want to thank Bill Frist, thank Harry Reid, I want to thank Ted
Kennedy. I want to thank Mr. Grassley, I want to thank Mr. Lott, Mr.
Harkin. I could go on and on for all the Senators and House Members who
have worked to make this legislation possible.
It is truly a bipartisan effort, and a major, major accomplishment of
this Congress. I also want to thank the current director at the NIH,
Dr. Elias Zerhouni. He has been absolutely astounding in his continual
optimistic efforts to approve this bill and to gain support for it.
I want to thank all the stakeholders, over 90 national organizations
have endorsed this legislation. I want to thank the major research
universities of America for their hard work. I want to thank the 27
institute directors for their hard work.
In conclusion, I ask in the possible strongest terms for the support
of every Member of this House to pass H.R. 6164, as amended by the
Senate.
Mr. Speaker, I reserve the balance of my time.
Mr. PALLONE. Mr. Speaker, I yield myself such time as I may consume.
I want to thank you, Mr. Speaker, and I want to thank Mr. Barton and
Mr. Dingell for all their hard work on this NIH bill. As was mentioned,
this is the first time in 13 years that we have had a reauthorization
of the National Institutes of Health. This is an important piece of
legislation because the National Institutes of Health are the world's
premier research medical center and the key focal point for medical
research in the United States.
On September 26, the House overwhelmingly passed H.R. 6164 with a
vote of 414-2. The Senate recently passed that bill with amendments,
which is the bill before us now. Those amendments helped clarify
provisions in the bill and therefore improve it. So every Member who
voted for H.R. 6164 on September 26 should feel comfortable voting for
this bill this evening.
I wanted to mention that the bill before us also includes provisions
with regard to the SCHIP, or the State Children's Health Insurance
Program.
{time} 0130
This is another reason we should be supporting the legislation this
evening.
[[Page H9243]]
This part of the legislation would provide the money necessary to help
a number of States, including my own, avert a funding shortfall in
their State Children's Health Insurance Program.
Specifically, the bill will redirect existing unspent SCHIP funds
from fiscal years 2004 and 2005 to help States that will not have
sufficient funds to maintain their existing programs. States forfeiting
unspent funding will be held harmless by capping the amount of funds
that will be donated to $20 million. Thanks to this compromise, we can
prevent many States from having to limit eligibility, increase cost-
sharing requirements or restrict benefits. Keeping these programs
intact is critically important for the health and well-being of our
Nation's children.
Since its inception, SCHIP has been an integral part of reducing the
number of uninsured children. But last year, for the first time since
1998, the number of uninsured children in the country actually
increased, and even more children will go without coverage if Congress
does not act tonight to avoid the funding shortfall currently projected
for next year.
Again, I would like thank my colleagues Mr. Dingell and Mr. Barton,
as well as their staffs, who helped work out this compromise, as well
as our Senate counterparts. Thanks to our efforts, we will help
preserve access to health care coverage for millions of low income
children, as well as their families.
Finally, Mr. Speaker, while we have temporarily prevented a cut to
the SCHIP program tonight, we must not forget that there are still
approximately 8 million American children who currently have no health
insurance, many of which are eligible to participate in SCHIP.
Reauthorization of the SCHIP program must be addressed early next year
and we must work together to help expand coverage and increase
participation. Failure to do so will undoubtedly jeopardize the health
of those most vulnerable in our Nation, our children.
I would like to thank everyone again.
Mr. Speaker, I yield back the balance of my time.
Mr. BARTON of Texas. Mr. Speaker, I urge that we pass this bill
unanimously, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). The question is on the motion
offered by the gentleman from Texas (Mr. Barton) that the House suspend
the rules and concur in the Senate amendment to the bill, H.R. 6164.
The question was taken; and (two-thirds of those voting having
responded in the affirmative) the rules were suspended and the Senate
amendment was concurred in.
A motion to reconsider was laid on the table.
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