§282a — Title 42 The Public Health and Welfare | U.S. Code

Summary

Authorizes specific federal money for the National Institutes of Health. It sets these yearly amounts: $30,331,309,000 for fiscal year 2007; $32,831,309,000 for 2008; “such sums as may be necessary” for 2009; $34,851,000,000 for 2018; $35,585,871,000 for 2019; and $36,472,442,775 for 2020. It also authorizes an extra $12,600,000 each year for 2024 through 2028 for the Division of Program Coordination, Planning, and Strategic Initiatives, paid from the Pediatric Research Initiative Fund. For fiscal years 2007–2009, whatever money is needed for programs run through the Office of the NIH Director may be provided. Creates a Common Fund (an account for research chosen by the Division of Program Coordination, Planning, and Strategic Initiatives). The NIH Director must set aside part of the yearly total for the Common Fund and may not let that share fall below the prior year’s share. As part of the NIH Strategic Plan, the Director must tell Congress how much is needed to: maximize research potential, keep existing projects going, and fund new high‑need projects. When the Common Fund first reaches 5% of the yearly total, the Secretary must send recommendations to Congress within six months. Institute and center leaders must report on collaborative research funding or risk having their funding capped at the 2006 level; the NIH Director will review those reports and may verify or, in some cases, waive the rule. The Director may also move up to 1% of the yearly total to other authorized programs, but may not cut any single account by more than 1%. This does not change the Director’s other legal powers under section 281.

Title 42, §282a

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

(a)(1)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)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)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.

(c)(1)(A)For the purpose of allocations under section 282(b)(7)(B)(i) of this title (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)(i)Of the total amount appropriated under subsection (a)(1) 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)For each fiscal year, the percentage constituted by the amount reserved under clause (i) relative to the total amount appropriated under subsection (a)(1) 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)(1) for such preceding fiscal year, subject to any applicable provisions in appropriations Acts.

(C)As part of the National Institutes of Health Strategic Plan required under section 282(m) of this title, 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 282(b)(7)(A)(i) of this title (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 282(b)(7)(A)(i) of this title—

(I)that is in addition to the research activities described in clause (ii); and

(II)for which there is the most substantial need.

(D)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)(1) for such fiscal year, the Secretary, acting through the Director of NIH, in consultation with the advisory council established under section 282(k) of this title, shall submit recommendations to the Congress for changes regarding amounts for the Common Fund.

(2)(A)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)Not later than 2 years after December 13, 2016, the head of each national research institute or national center shall submit to the Director of the National Institutes of Health a report, to be included in the triennial report under section 283 of this title, 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.

(C)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 282(b)(7)(B)(i) of this title shall be included.

(D)Upon receipt of each report submitted under subparagraph (B), the Director of NIH shall review and, in cases of discrepancy, verify the accuracy of the amounts specified in the report.

(E)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) is inconsistent with the mission of such institute or center.

(d)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)This section may not be construed as affecting the authorities of the Director of NIH under section 281 of this title.

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).”

§282a Authorization of Appropriations

Summary

Title 42, §282a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

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