42 U.S.C. § 282a — Authorization of appropriations

submitted 82 years ago by Pub. L. 109-482 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 986 words · no verdicts yet

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Congress sets specific NIH funding amounts for 2007 through 2020, plus extra money for pediatric research through 2028. It creates a Common Fund for cross-institute research with a minimum funding share. Institutes must report on collaborative research or lose funding, and the Director can shift a small share of money between programs.

(a) In general. (1) For this subchapter, Congress authorizes specific NIH funding amounts: $30,331,309,000 for 2007; $32,831,309,000 for 2008; whatever is necessary for 2009; $34,851,000,000 for 2018; $35,585,871,000 for 2019; and $36,472,442,775 for 2020. (2) On top of that, for the pediatric research initiative under section 282(b)(7)(B)(ii), Congress authorizes $12,600,000 per year for 2024 through 2028, drawn from the Pediatric Research Initiative Fund. (b) Office of the Director. Out of the money authorized under (a), Congress authorizes whatever amount is necessary, for 2007 through 2009, for programs run through the Office of the Director. (c) Trans-NIH Research. (1) Common Fund. (A) A "Common Fund" account is created to hold money the Division of Program Coordination, Planning, and Strategic Initiatives allocates under section 282(b)(7)(B)(i). (B) Each year starting in 2007, the Director must reserve part of the total appropriation for this Common Fund, following any appropriations-law rules. The percentage reserved can't drop below the prior year's percentage. (C) As part of the NIH Strategic Plan under section 282(m), the Secretary must report to Congress a funding strategy for this Common Fund research, including estimates of the ideal funding level, the minimum needed to continue existing work, and how much more is needed for the most pressing unmet needs. (D) Once the Common Fund reaches 5 percent of total NIH appropriations in a year, the Secretary — consulting the advisory council under section 282(k) — must, within six months, recommend to Congress any changes to the Common Fund's size. (2) Trans-NIH reporting. (A) Starting with 2008 funding, if an institute or center's head fails to file the required report (below) for the prior year, that institute's funding for the current year is capped at its 2006 level. (B) Within two years of December 13, 2016, and periodically after in the triennial report under section 283, each institute or center must report how much money it spent on research done collaboratively with other institutes or centers. (C) This reported amount must include money received under section 282(b)(7)(B)(i). (D) The Director must review and verify these reports if there's a discrepancy. (E) The Director may waive this reporting requirement for an institute if the required collaborative research conflicts with that institute's mission. (d) Transfer Authority. The Director may shift up to 1 percent of the total appropriation to other authorized programs or activities, on top of the Common Fund reservation, but can't reduce any single appropriation account by more than 1 percent this way. (e) Rule of Construction. Nothing in this section limits the Director's authority under section 281 of this title.

the actual law source: uscode.house.gov ↗public domain

(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

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.

(1) Common Fund

(A) Account

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) Reservation

(i) In general

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) 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)(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.

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) 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)(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) 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 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.

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) Verification of amounts

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

(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.

Source credit: (July 1, 1944, ch. 373, title IV, § 402A, as added Pub. L. 109–482, title I, § 103(a), Jan. 15, 2007, 120 Stat. 3685; amended Pub. L. 113–94, § 3(b), Apr. 3, 2014, 128 Stat. 1087; Pub. L. 114–255, div. A, title II, §§ 2001, 2031(b), 2042(a), Dec. 13, 2016, 130 Stat. 1047, 1056, 1073; Pub. L. 118–228, § 2(1), (2), Jan. 4, 2025, 138 Stat. 2822.)

history & why it existsrecord from the source credit

1944Enacted · Pub. L. 109-482 · 120 Stat. 3685
2014Amended · Pub. L. 113-94 · 128 Stat. 1087
2016Amended · Pub. L. 114-255 · 130 Stat. 1047, 1056, 1073
2025Amended · Pub. L. 118-228 · 138 Stat. 2822

A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-482 on 1944-07-01.

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