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(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.—Sec-
tion 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 Insti-
tutes 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 ‘Coun-
cil’) for the purpose of advising the Director on mat-
ters related to the policies and activities of the Divi-
sion of Program Coordination, Planning, and Stra-
tegic 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
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of NIH with approval from the Secretary from
among the list of nominees under subparagraph
(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 research
institute whose budget is substantial relative
to a majority of the other institutes.
‘‘(C) NOMINATION.—The Director of NIH
shall maintain an updated list of individuals
who have been nominated to serve on the 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 advi-
sory 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
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of public policy, law, health policy, ec-
onomics, 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.
‘‘(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 re-
mainder of that term. A member may serve after
the expiration of that member’s term until a suc-
cessor has taken office.’’.
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(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 insert-
ing 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 ap-
proval’’.
(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 ‘‘Di-
rector 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)’’.
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(g) RULE OF CONSTRUCTION REGARDING AUTHORI-
TIES 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 na-
tional 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 authori-
ties 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 re-
search 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.
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‘‘(b) OFFICE OF THE DIRECTOR.—Of the amount au-
thorized 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 alloca-
tions under section 402(b)(7)(B) (relating to re-
search identified by the Division of Program Co-
ordination, 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 fis-
cal year, the percentage constituted by the
amount reserved under clause (i) relative to