‘‘(A) IN GENERAL.—The Council shall be 
composed of 27 members selected by the Direc-
tor of NIH with approval from the Secretary 
from among the list of nominees under sub-
paragraph (C). 
‘‘(B) CERTAIN REQUIREMENTS.—In select-
ing 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 re-
search institute whose budget is substan-
tial relative to a majority of the other in-
stitutes. 
‘‘(C) NOMINATION.—The Director of NIH 
shall maintain an updated list of individuals 
who have been nominated to serve on the Coun-
cil, which list shall consist of the following: 
‘‘(i) For each national research insti-
tute and national center, 3 individuals 
nominated by the head of such institute or 
center from among the members of the ad-
visory council of the institute or center, of 
which— 
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‘‘(I) two shall be scientists; and 
‘‘(II) one shall be from the gen-
eral public or shall be a leader in the 
field of public policy, law, health pol-
icy, economics, or management. 
‘‘(ii) For each office within the Divi-
sion of Program Coordination, Planning, 
and Strategic Initiatives, 1 individual nom-
inated 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 
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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 in-
serting before the period the following: ‘‘, and unless a 
majority of the voting members of the appropriate advi-
sory 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 AUTHORI-
TIES
OF NATIONAL RESEARCH INSTITUTES
AND NA-
TIONAL CENTERS.—This Act and the amendments made 
by this Act may not be construed as affecting the authori-
ties 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 
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sentence, the terms ‘‘national research institute’’, ‘‘na-
tional 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 au-
thorized to be appropriated under subsection (a) for a fis-
cal year, there are authorized to be appropriated for pro-
grams 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.— 
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‘‘(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 sub-
paragraph (B) for allocations under section 
402(b)(7)(B) (relating to research identified by 
the Division of Program Coordination, Plan-
ning, and Strategic Initiatives), which reserva-
tions 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 deter-
mined under subparagraph (E). 
Amounts reserved under the preceding sentence 
shall remain available until expended. 
‘‘(C) MAXIMUM RESERVATION.— 
‘‘(i) IN
GENERAL.—The amount re-
served by the Director of NIH under sub-
paragraph (A) for a fiscal year shall not 
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exceed 5 percent of the total amount ap-
propriated 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 rec-
ommendations under subparagraph (F). 
‘‘(iii) PRESERVATION
OF
RESERVA-
TION.—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 subpara-
graph (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 per-
centage constituted by the reservation 
under subparagraph (A) relative to the 
total amount appropriated under sub-
section (a) for the fiscal year involved may 
not be less than the percentage constituted 
by the reservation under such subpara-
graph for the preceding fiscal year relative 
to the total amount appropriated under 
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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 re-
served under subparagraph (A) for the 
preceding fiscal year. 
‘‘(E) 
ADDITIONAL
AMOUNT
COR-
RESPONDING
TO
INCREASES
IN
APPROPRIA-
TIONS.—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 sub-
paragraph (F), such percentage may be ad-
justed by the Director of NIH, and such per-
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centage shall be adjusted by the Director to the 
extent necessary for compliance with subpara-
graph (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 Sec-
retary, acting through the Director of NIH, in 
consultation with the advisory council estab-
lished under section 402(k), shall submit rec-
ommendations to the Congress for changes to 
the amount of the reservation under subpara-
graph (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 re-
quired by subparagraph (B) for the preceding 
fiscal year, the amount made available for the 
institute or center for the fiscal year involved 
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may not exceed the amount made available for 
the institute or center for fiscal year 2006. 
‘‘(B) REPORTING.—Not later than Janu-
ary 1, 2008, and each January 1st thereafter— 
‘‘(i) the head of each national re-
search 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 re-
search 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 re-
port to the Congress identifying the per-
centage of funds made available by each 
national research institute and national 
center with respect to such fiscal year for 
conducting or supporting research de-
scribed 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 cen-
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ter under section 402(b)(7)(B) shall be in-
cluded. 
‘‘(D) VERIFICATION OF AMOUNTS.—Upon 
receipt of each report submitted under subpara-
graph (B)(i), the Director of NIH shall review 
and verify the accuracy of the amounts speci-
fied in the report. 
‘‘(E) WAIVER.—At the request of any na-
tional 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 in-
consistent 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. 
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‘‘(e) RULE OF CONSTRUCTION.—This section may 
not be construed as affecting the authorities of the Direc-
tor 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 
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 sub-
section (d); 
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(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— 
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(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) EN-
HANCED 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 fa-
cilities’’ and inserting ‘‘for suitable and ade-
quate buildings and facilities for use of the Li-
brary’’; and 
(C) by striking ‘‘The amounts authorized 
to be appropriated by this section include’’ and 
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