‘‘(A) 2 percent of such amounts to the Of-
fice of the Director of the National Institutes of
Health to be allocated at the Director’s discre-
tion—
‘‘(i) for carrying out the responsibil-
ities of the Office of the Director, including
the Office of Research on Women’s Health
and the Office of Research on Minority
Health, the Office of Alternative Medicine,
the Office of Rare Disease Research, the
Office of Behavioral and Social Sciences
Research (for use for efforts to reduce to-
bacco use), the Office of Dietary Supple-
ments, and the Office for Disease Preven-
tion; and
‘‘(ii) for construction and acquisition
of equipment for or facilities of or used by
the National Institutes of Health;
‘‘(B) 2 percent of such amounts for trans-
fer to the National Center for Research Re-
sources to carry out section 1502 of the Na-
tional Institutes of Health Revitalization Act of
1993 concerning Biomedical and Behavioral Re-
search Facilities;
‘‘(C) 1 percent of such amounts for carry-
ing out section 301 and part D of title IV of
the Public Health Service Act with respect to
health information communications; and
‘‘(D) the remainder of such amounts to
member institutes and centers, including the
Office of AIDS Research, of the National Insti-
tutes of Health in the same proportion to the
total amount received under this section, as the
amount of annual appropriations under appro-
priations Acts for each member institute and
Centers for the fiscal year bears to the total
amount of appropriations under appropriations
Acts for all member institutes and Centers of
the National Institutes of Health for the fiscal
year.
‘‘(2) PLANS
OF
ALLOCATION.—The amounts
transferred under paragraph (1)(D) shall be allo-
cated by the Director of the National Institutes of
Health or the various directors of the institutes and
centers, as the case may be, pursuant to allocation
plans developed by the various advisory councils to
such 
directors, 
after 
consultation 
with 
such
directors.
‘‘(3) GRANTS AND CONTRACTS FULLY FUNDED
IN FIRST YEAR.—With respect to any grant or con-
tract funded by amounts distributed under para-
graph (1), the full amount of the total obligation of
such grant or contract shall be funded in the first
year of such grant or contract, and shall remain
available until expended.
‘‘(4) TRIGGER AND RELEASE OF MONIES AND
PHASE-IN.—
‘‘(A) TRIGGER
AND
RELEASE.—No ex-
penditure shall be made under paragraph (1)
during any fiscal year in which the annual
amount appropriated for the National Institutes
of Health is less than the amount so appro-
priated for the prior fiscal year.
‘‘(B) PHASE-IN.—The Secretary of Health
and Human Services shall phase-in the distribu-
tions required under paragraph (1) so that—
‘‘(i) 25 percent of the amount in the
Trust Fund is distributed in the first fiscal
year for which funds are available;
‘‘(ii) 50 percent of the amount in the
Trust Fund is distributed in the second
fiscal year for which funds are available;
‘‘(iii) 75 percent of the amount in the
Trust Fund is distributed in the third fis-
cal year for which funds are available; and
‘‘(iv) 100 percent of the amount in
the Trust Fund is distributed in the fourth
and each succeeding fiscal year for which
funds are available.
‘‘(d) BUDGET TREATMENT OF AMOUNTS IN TRUST
FUND.—The amounts in the Trust Fund shall be excluded
from, and shall not be taken into account, for purposes
of any budget enforcement procedure under the Congres-
sional Budget Act of 1974 or the Balanced Budget and
Emergency Deficit Control Act of 1985.’’
(b) CONFORMING AMENDMENT.—The table of sec-
tions for such subchapter A is amended by adding at the
end the following new item:
‘‘Sec. 9512. National Institutes of Health Trust Fund for Health Research.’’
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