Title 42, The Public Health and WelfareRelease 119-110
§288 Ruth L. Kirschstein National Research Service Awards
Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER III — NATIONAL RESEARCH INSTITUTES › Part G — Awards and Training › § 288
Summary
The Secretary must fund Ruth L. Kirschstein National Research Service Awards to support biomedical and behavioral research and the training needed to do that research. Awards can be given at the National Institutes of Health and at public and nonprofit private institutions. The Secretary can give grants to institutions so they can make these awards, and can make contracts for scholarships and loan repayments (no more than 50 such contracts in total for fiscal years 1994 through 1996). These awards cannot be used to pay for residency training. The Secretary must give special consideration to physicians who agree to do at least two years of biomedical research and must work to recruit women and people from disadvantaged backgrounds into research. To get an award, an individual must apply, agree to meet the required service obligation, and be sponsored by the institution when required. Grants and awards are reviewed by the appropriate advisory councils. Awards may pay stipends, tuition, fees, travel, dependency allowances, and other needed costs, and may include payments to non‑Federal institutions for support costs as the Secretary determines. Predoctoral awards may total no more than five years and postdoctoral awards no more than three years unless the Secretary waives the limit. Postdoctoral awardees must do health‑related research, training, or teaching for a period that generally matches the months they received the award (if the award is under 12 months they serve that many months; if 12 months or more they must serve at least 12 months, and months beyond 12 while on the award count toward the obligation). If an awardee fails to meet the service requirement, the United States can recover money equal to the portion of the obligation not served (the recovery must be paid within three years and accrues interest at a Treasury‑set rate). The obligation is canceled at death and can be waived or suspended for impossibility, substantial hardship, or equity.
Full Legal Text
Title 42, §288
The Public Health and Welfare, Source: USLM XML via OLRC
(a)Biomedical and behavioral research and research training; programs and institutions included; restriction; special consideration
(1)The Secretary shall—
(A)provide Ruth L. Kirschstein National Research Service Awards for—
(i)biomedical and behavioral research at the National Institutes of Health in matters relating to the cause, diagnosis, prevention, and treatment of the diseases or other health problems to which the activities of the National Institutes of Health and Administration are directed;
(ii)training at the National Institutes of Health and at the Administration 1 of individuals to undertake such research;
(iii)biomedical and behavioral research and health services research (including research in primary medical care) at public and nonprofit private entities; and
(iv)pre-doctoral and post-doctoral training at public and private institutions of individuals to undertake biomedical and behavioral research;
(B)make grants to public and nonprofit private institutions to enable such institutions to make Ruth L. Kirschstein National Research Service Awards for research (and training to undertake biomedical and behavioral research) in the matters described in subparagraph (A)(i) to individuals selected by such institutions; and
(C)provide contracts for scholarships and loan repayments in accordance with section 288–4 and 288–5 of this title, subject to providing not more than an aggregate 50 such contracts during the fiscal years 1994 through 1996.
A reference in this subsection to the National Institutes of Health shall be considered to include the institutes, agencies, divisions, and bureaus included in the National Institutes of Health or under the Administration,1 as the case may be.
(2)Ruth L. Kirschstein National Research Service Awards may not be used to support residency training of physicians and other health professionals.
(3)In awarding Ruth L. Kirschstein National Research Service Awards under this section, the Secretary shall take account of the Nation’s overall need for biomedical research personnel by giving special consideration to physicians who agree to undertake a minimum of two years of biomedical research.
(4)The Secretary shall carry out paragraph (1) in a manner that will result in the recruitment of women, and individuals from disadvantaged backgrounds (including racial and ethnic minorities), into fields of biomedical or behavioral research and in the provision of research training to women and such individuals.
(b)Prerequisites for Award; review and approval by appropriate advisory councils; Award period; uses for Award; payments to non-Federal public or nonprofit private institutions
(1)No Ruth L. Kirschstein National Research Service Award may be made by the Secretary to any individual unless—
(A)the individual has submitted to the Secretary an application therefor and the Secretary has approved the application;
(B)the individual provides, in such form and manner as the Secretary shall by regulation prescribe, assurances satisfactory to the Secretary that the individual will meet the service requirement of subsection (c); and
(C)in the case of a Ruth L. Kirschstein National Research Service Award for a purpose described in subsection (a)(1)(A)(iii), the individual has been sponsored (in such manner as the Secretary may by regulation require) by the institution at which the research or training under the award will be conducted.
An application for an award shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe.
(2)The making of grants under subsection (a)(1)(B) for Ruth L. Kirschstein National Research Service Awards shall be subject to review and approval by the appropriate advisory councils within the Department of Health and Human Services (A) whose activities relate to the research or training under the awards, or (B) for the entity at which such research or training will be conducted.
(3)No grant may be made under subsection (a)(1)(B) unless an application therefor has been submitted to and approved by the Secretary. Such application shall be in such form, submitted in such manner, and contain such information, as the Secretary may by regulation prescribe. Subject to the provisions of this section (other than paragraph (1)), Ruth L. Kirschstein National Research Service Awards made under a grant under subsection (a)(1)(B) shall be made in accordance with such regulations as the Secretary shall prescribe.
(4)The period of any Ruth L. Kirschstein National Research Service Award made to any individual under subsection (a) may not exceed—
(A)five years in the aggregate for pre-doctoral training; and
(B)three years in the aggregate for post-doctoral training;
unless the Secretary for good cause shown waives the application of such limit to such individual.
(5)Ruth L. Kirschstein National Research Service Awards shall provide for such stipends, tuition, fees, and allowances (including travel and subsistence expenses and dependency allowances), adjusted periodically to reflect increases in the cost of living, for the recipients of the awards as the Secretary may deem necessary. A Ruth L. Kirschstein National Research Service Award made to an individual for research or research training at a non-Federal public or nonprofit private institution shall also provide for payments to be made to the institution for the cost of support services (including the cost of faculty salaries, supplies, equipment, general research support, and related items) provided such individual by such institution. The amount of any such payments to any institution shall be determined by the Secretary and shall bear a direct relationship to the reasonable costs of the institution for establishing and maintaining the quality of its biomedical and behavioral research and training programs.
(c)Health research or teaching; service period; recovery upon noncompliance with service requirement, formula; cancellation or waiver of obligation
(1)Each individual who is awarded a Ruth L. Kirschstein National Research Service Award for postdoctoral research training shall, in accordance with paragraph (3), engage in research training, research, or teaching that is health-related (or any combination thereof) for the period specified in paragraph (2). Such period shall be served in accordance with the usual patterns of scientific employment.
(2)(A)The period referred to in paragraph (1) is 12 months, or one month for each month for which the individual involved receives a Ruth L. Kirschstein National Research Service Award for postdoctoral research training, whichever is less.
(B)With respect to postdoctoral research training, in any case in which an individual receives a Ruth L. Kirschstein National Research Service Award for more than 12 months, the 13th month and each subsequent month of performing activities under the Award shall be considered to be activities engaged in toward satisfaction of the requirement established in paragraph (1) regarding a period of service.
(3)The requirement of paragraph (1) shall be complied with by any individual to whom it applies within such reasonable period of time, after the completion of such individual’s award, as the Secretary shall by regulation prescribe. The Secretary shall by regulation prescribe the type of research and teaching in which an individual may engage to comply with such requirement and such other requirements respecting research and teaching as the Secretary considers appropriate.
(4)(A)If any individual to whom the requirement of paragraph (1) is applicable fails, within the period prescribed by paragraph (3), to comply with such requirements, the United States shall be entitled to recover from such individual an amount determined in accordance with the formula—
t−s A=ϕ A——B t in which “A” is the amount the United States is entitled to recover; “ϕ” is the sum of the total amount paid under one or more Ruth L. Kirschstein National Research Service Awards to such individual; “t” is the total number of months in such individual’s service obligation; and “s” is the number of months of such obligation served by such individual in accordance with paragraphs (1) and (2) of this subsection. (B)
(5)(A)Any obligation of an individual under paragraph (1) shall be canceled upon the death of such individual.
(B)The Secretary shall by regulation provide for the waiver or suspension of any such obligation applicable to any individual whenever compliance by such individual is impossible or would involve substantial hardship to such individual or would be against equity and good conscience.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
References in Text
section 288–5 of this title, referred to in subsec. (a)(1)(C), was repealed by Pub. L. 114–255, div. A, title II, § 2022(c)(3), Dec. 13, 2016, 130 Stat. 1054.
Amendments
2007—Subsec. (d). Pub. L. 109–482 struck out subsec. (d) which related to authorization and apportionment of appropriations. 2002—Pub. L. 107–206 inserted “Ruth L. Kirschstein” before “National Research Service Award” and “National Research Service Awards” wherever appearing in section catchline and text. 1999—Subsec. (d)(3). Pub. L. 106–129 substituted “Agency for Healthcare Research and Quality” for “Agency for Health Care Policy and Research”. 1993—Subsec. (a)(1)(C). Pub. L. 103–43, § 1632, added subpar. (C). Subsec. (a)(4). Pub. L. 103–43, § 1601, added par. (4). Subsec. (c)(1), (2). Pub. L. 103–43, § 1602, added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows: “(1) Each individual who is awarded a National Research Service Award (other than an individual who is a pre-baccalaureate student who is awarded a National Research Service Award for research training) shall, in accordance with paragraph (3), engage in health research or teaching or any combination thereof which is in accordance with the usual patterns of academic employment, for a period computed in accordance with paragraph (2). “(2) For each month for which an individual receives a National Research Service Award which is made for a period in excess of twelve months, such individual shall engage in one month of health research or teaching or any combination thereof which is in accordance with the usual patterns of academic employment.” Subsec. (d). Pub. L. 103–43, § 1641(1), amended first sentence generally. Prior to amendment, first sentence read as follows: “For the purpose of making payments under National Research Service Awards and under grants for such Awards, there are authorized to be appropriated $300,000,000 for fiscal year 1989 and such sums as may be necessary for fiscal year 1990.” Subsec. (d)(3). Pub. L. 103–43, §§ 1641(2), 2008(b)(14), substituted “1 percent” for “one-half of one percent” in two places, “293k, 293l, or 293m” for “295g, 295g–4, or 295g–6”, and “242b(a)” for “242b(a)(3)”. 1992—Subsec. (a)(1). Pub. L. 102–321 struck out “and the Alcohol, Drug Abuse, and Mental Health Administration” before “in matters relating to” in subpar. (A)(i) and struck out “or the Alcohol, Drug Abuse, and Mental Health Administration” before “shall be considered” in last sentence. 1989—Subsec. (d)(3). Pub. L. 101–93 directed that par. (3), as similarly amended by section 151(2) and 635 of Pub. L. 100–607, be amended to read as if the amendment made by such section 635 had not been enacted. See 1988 Amendment note below. Subsec. (d)(3)(B). Pub. L. 101–239 substituted “Agency for Health Care Policy and Research” for “National Center for Health Services Research and Health Care Technology Assessment”. 1988—Subsec. (d). Pub. L. 100–607, § 151(1), amended first sentence generally. Prior to amendment, first sentence read as follows: “There are authorized to be appropriated to make payments under National Research Service Awards and under grants for such awards $244,000,000 for fiscal year 1986, $260,000,000 for fiscal year 1987, and $275,000,000 for fiscal year 1988.” Subsec. (d)(3). Pub. L. 100–607, §§ 151(2), 635, made identical
Amendments
, inserting “to the Secretary, acting through the Administrator of the Health Resources and Services Administration,” after first reference to “available”.
Statutory Notes and Related Subsidiaries
Change of Name
Pub. L. 107–206, title I, § 804(c), Aug. 2, 2002, 116 Stat. 874, provided that: “Any reference in any law (other than this Act [see Tables for classification]), regulation, document, record, map, or other paper of the United States to ‘National Research Service Awards’ shall be considered to be a reference to ‘Ruth L. Kirschstein National Research Service Awards’.”
Effective Date
of 2007 AmendmentAmendment by Pub. L. 109–482 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 a note under section 281 of this title.
Effective Date
of 1992 AmendmentAmendment by Pub. L. 102–321 effective Oct. 1, 1992, with provision for programs providing financial assistance, see section 801(c), (d) of Pub. L. 102–321, set out as a note under section 236 of this title.
Reference
Citations & Metadata
Citation
42 U.S.C. § 288
Title 42, The Public Health and Welfare
Last Updated
Sep 23, 2026
Release point: 119-110