Title 42, The Public Health and WelfareRelease 119-110

§282a Authorization of Appropriations

Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER III — NATIONAL RESEARCH INSTITUTES › Part A — National Institutes of Health › § 282a

Last updated Sep 22, 2026|Official source

Summary

Congress may provide money for carrying out this part. The amounts allowed are $30,331,309,000 for fiscal year 2007; $32,831,309,000 for fiscal year 2008; whatever is needed for fiscal year 2009; $34,851,000,000 for fiscal year 2018; $35,585,871,000 for fiscal year 2019; and $36,472,442,775 for fiscal year 2020. In addition, $12,600,000 is allowed each year for fiscal years 2024 through 2028 for the Division of Program Coordination, Planning, and Strategic Initiatives, paid from the Pediatric Research Initiative Fund. Of the money above, the Office of the Director of NIH may get whatever sums are needed for programs in fiscal years 2007 through 2009. A Common Fund account is created for cross‑NIH research. The NIH Director must set aside part of the yearly money for that fund. That share can’t be a smaller percentage of the total than the share set aside the year before, as allowed by annual appropriations laws. The NIH must include a plan in its Strategic Plan that gives three funding estimates: the amount needed to get the most out of the research, the amount just to keep previous work going, and the extra amount needed for the highest‑priority new work. Once the reserve reaches 5% of total appropriations, the NIH must send Congress, within six months after that fiscal year ends, recommendations on Common Fund amounts. Institute and center heads had to report collaborative research spending to the NIH Director not later than 2 years after December 13, 2016, for inclusion in the triennial report; if a head fails to file the required report for the prior year, that institute’s funding for the year may not exceed its fiscal year 2006 level. The NIH Director will check reports, may waive the reporting rule for an institute if needed, and may transfer up to 1% of the total yearly appropriation among authorized programs, but may not cut any listed account by more than 1%. Nothing here changes other powers of the NIH Director under section 281.

Full Legal Text

Title 42, §282a

The Public Health and Welfare, Source: USLM XML via OLRC

(a)In general
(1)This subchapter
For purposes of carrying out this subchapter, there are authorized to be appropriated—
(A)$30,331,309,000 for fiscal year 2007;
(B)$32,831,309,000 for fiscal year 2008;
(C)such sums as may be necessary for fiscal year 2009;
(D)$34,851,000,000 for fiscal year 2018;
(E)$35,585,871,000 for fiscal year 2019; and
(F)$36,472,442,775 for fiscal year 2020.
(2)Funding for pediatric research initiative
For the purpose of carrying out section 282(b)(7)(B)(ii) of this title, there is authorized to be appropriated to the Division of Program Coordination, Planning, and Strategic Initiatives, out of the Pediatric Research Initiative Fund described in section 9008 of title 26, and in addition to amounts otherwise made available under paragraph (1) of this subsection, $12,600,000 for each of fiscal years 2024 through 2028.
(b)Office of the Director (c) Trans-NIH research
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 subchapter 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.
(d)Transfer authority
Of the total amount appropriated under subsection (a)(1) 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 subchapter 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)(1) 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 281 of this title.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

2025—Subsec. (a)(2). Pub. L. 118–228, § 2(1), struck out “10-year” before “pediatric” and “through Common Fund” after “initiative” in heading, and in text substituted “to the Division of Program Coordination, Planning, and Strategic Initiatives” for “to the Common Fund” and “2024 through 2028” for “2014 through 2023”, and struck out “10-Year” before “Pediatric Research Initiative Fund” and “and reserved under subsection (c)(1)(B)(i) of this section” after “paragraph (1) of this subsection”. Subsec. (c)(1)(A), (2)(C). Pub. L. 118–228, § 2(2), substituted “section 282(b)(7)(B)(i)” for “section 282(b)(7)(B)”. 2016—Subsec. (a)(1)(D) to (F). Pub. L. 114–255, § 2001, added subpars. (D) to (F). Subsec. (c)(1)(C). Pub. L. 114–255, § 2031(b), substituted “As part of the National Institutes of Health Strategic Plan required under section 282(m) of this title,” for “Not later than
June 1, 2007, and every 2 years thereafter,”. Subsec. (c)(2)(B). Pub. L. 114–255, § 2042(a)(1), amended subpar. (B) generally. Prior to amendment, text read as follows: “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 conducting or supporting research described in clause (i).” Subsec. (c)(2)(D), (E). Pub. L. 114–255, § 2042(a)(2), substituted “(B)” for “(B)(i)”. 2014—Subsec. (a). Pub. L. 113–94, § 3(b)(1)(B), which directed amendment of subsec. (a) by striking “For purposes of carrying out this subchapter” and inserting par. (1) designation, heading, and “For purposes of carrying out this subchapter”, was executed by striking “For the purpose of carrying out this subchapter” and making the insertions as directed, to reflect the probable intent of Congress. Pub. L. 113–94, § 3(b)(1)(A), redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, and realigned margins. Subsec. (a)(2). Pub. L. 113–94, § 3(b)(1)(C), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1). Subsecs. (c)(1)(B), (D), (d). Pub. L. 113–94, § 3(b)(2), substituted “subsection (a)(1)” for “subsection (a)” wherever appearing.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109–482, set out as an

Effective Date

of 2007 Amendment note under section 281 of this title. Supplement, Not Supplant; Prohibition Against Transfer Pub. L. 113–94, § 3(c), Apr. 3, 2014, 128 Stat. 1087, provided that: “Funds appropriated pursuant to section 402A(a)(2) of the Public Health Service Act [42 U.S.C. 282a(a)(2)], as added by subsection (b)— “(1) shall be used to supplement, not supplant, the funds otherwise allocated by the National Institutes of Health for pediatric research; and “(2) notwithstanding any transfer authority in any appropriation Act, shall not be used for any purpose other than allocating funds for making grants as described in section 402(b)(7)(B)(ii) of the Public Health Service Act [42 U.S.C. 282(b)(7)(B)(ii)], as added by subsection (a).”

Reference

Citations & Metadata

Citation

42 U.S.C. § 282a

Title 42, The Public Health and Welfare

Last Updated

Sep 22, 2026

Release point: 119-110