AUTHORIZATION OF APPROPRIATIONS.

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 120 STAT. 3686 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 120 STAT. 3687 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;120 STAT. 3688(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—(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 Sup- port.—”;(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; and120 STAT. 3689(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.