120 STAT. 3678
PUBLIC LAW 109–482—JAN. 15, 2007 ‘‘(ii) Determining pending scientific opportunities, and public health needs, with respect to research within the jurisdiction of NIH. ‘‘(iii) For any proposal for organizational changes to which the Board gives significant consideration as a possible recommendation in such report— ‘‘(I) analyzing the budgetary and operational consequences of the proposed changes; ‘‘(II) taking into account historical funding and support for research activities at national research institutes and centers that have been established recently relative to national research institutes and centers that have been in existence for more than two decades; ‘‘(III) estimating the level of resources needed to implement the proposed changes; ‘‘(IV) assuming the proposed changes will be made and making a recommendation for the allocation of the resources of NIH among the national research institutes and national centers; and ‘‘(V) analyzing the consequences for the progress of research in the areas affected by the proposed changes. ‘‘(C) CONSULTATION.—In carrying out subparagraph (A), the Board shall consult with— ‘‘(i) the heads of national research institutes and national centers whose directors are not members of the Board; ‘‘(ii) other scientific leaders who are officers or employees of NIH and are not members of the Board; ‘‘(iii) advisory councils of the national research institutes and national centers; ‘‘(iv) organizations representing the scientific community; and ‘‘(v) organizations representing patients. ‘‘(3) COMPOSITION OF BOARD.—The Board shall consist of the Director of NIH, who shall be a permanent nonvoting member on an ex officio basis, and an odd number of additional members, not to exceed 21, all of whom shall be voting members. The voting members of the Board shall be the following: ‘‘(A) Not fewer than 9 officials who are directors of national research institutes or national centers. The Secretary shall designate such officials for membership and shall ensure that the group of officials so designated includes directors of— ‘‘(i) national research institutes whose budgets are substantial relative to a majority of the other institutes; ‘‘(ii) national research institutes whose budgets are small relative to a majority of the other institutes; ‘‘(iii) national research institutes that have been in existence for a substantial period of time without significant organizational change under subsection (d); ‘‘(iv) as applicable, national research institutes that have undergone significant organization changes under such subsection, or that have been established under such subsection, other than national research institutes
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