mental biological understanding leading to the pre-
vention, 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 allo-
cated 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 an-
nual 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 pro-
viding 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 de-
scribed 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 ap-
pointed members of the Board under 
clause (i)(II), the terms of service as mem-
bers of the Board of the ex officio mem-
bers of the Board described in clauses (i) 
and (ii) of subparagraph (B) shall termi-
nate. The ex officio members of the Board 
described in clauses (iii) and (iv) of sub-
paragraph (B) shall continue to serve as ex 
officio members of the Board.’’; and 
(iii) 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 ‘‘ap-
pointed’’ 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 Na-
tional 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 Di-
rector 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. 
Passed the House of Representatives September 26, 
2006. 
Attest:
Clerk.
109TH CONGRESS 
2D SESSION 
H. R. 6164
AN ACT 
To amend title IV of the Public Health Service Act 
to revise and extend the authorities of the Na-
tional Institutes of Health, and for other pur-
poses.