§ 282a. Authorization of appropriations

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1944

   National Institutes of Health Reform Act of 2006

   Pub. L. 109–482 title I § 103(a) · 120 Stat. 3675

   Enacted · 42 U.S.C. § 282a

   July 1, 1944, ch. 373, title IV, § 402A, as added Pub. L. 109–482, title I, § 103(a), Jan. 15, 2007, 120 Stat. 3685

   Source evidence

   Code 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

   Enacted provision · exact public law section
   (a) Funding.— Title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by inserting after section 402 the following: “SEC. 402A. AUTHORIZATION OF APPROPRIATIONS. “(a) In General.— For the purpose of carrying out this title, there are authorized to be appropriated— “(1) $30,331,309,000 for fiscal year 2007; “(2) $32,831,309,000 for fiscal year 2008; and “(3) such sums as may be necessary for fiscal year 2009. “(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 title 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) Trans-NIH Research.— “(1) Common fund.— “(A) Account.— For the purpose of allocations under section 402(b)(7)(B) (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) 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) 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) for such preceding fiscal year, subject to any applicable provisions in appropriations Acts. “(C) Common fund strategic planning report.— Not later than June 1, 2007, and every 2 years thereafter, 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 402(b)(7)(A)(i) (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 402(b)(7)(A)(i)— “(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 Deadline. Recommen- dations. 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) for such fiscal year, the Secretary, acting through the Director of NIH, in consultation with the advisory council established under section 402(k), 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 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). “(C) Determination.— 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 402(b)(7)(B) shall be included. “(D) Verification of amounts.— Upon receipt of each report submitted under subparagraph (B)(i), 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)(i) is inconsistent with the mission of such institute or center. “(d) Transfer Authority.— Of the total amount appropriated under subsection (a) 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 title 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) 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 401.” .

2. 2014

   Gabriella Miller Kids First Research Act

   Pub. L. 113–94 § 3(b)(1)(B) · 128 Stat. 1085

   Struck and inserted · 42 U.S.C. § 282a(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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (B) by striking “For purposes of carrying out this title” and inserting the following: “(1) This title.— For purposes of carrying out this title” ; and

3. 2014

   Gabriella Miller Kids First Research Act

   Pub. L. 113–94 § 3(b)(1)(A) · 128 Stat. 1085

   Redesignated · 42 U.S.C. § 282a(a)

   Pub. L. 113–94, § 3(b)(1)(A), redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, and realigned margins

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 113–94, § 3(b)(1)(A), redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, and realigned margins.

   Enacted provision · exact public law section
   (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and moving the indentation of each such subparagraph 2 ems to the right;

4. 2014

   Gabriella Miller Kids First Research Act

   Pub. L. 113–94 § 3(b)(1)(C) · 128 Stat. 1085

   Redesignated · 42 U.S.C. § 282a(a)(2)

   Pub. L. 113–94, § 3(b)(1)(C), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1)

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 113–94, § 3(b)(1)(C), added par. (2). Former par. (2) redesignated subpar. (B) of par. (1).

   Enacted provision · exact public law section
   (C) by adding at the end the following: “(2) Funding for 10-year pediatric research initiative through common fund.— For the purpose of carrying out section 402(b)(7)(B)(ii), there is authorized to be appropriated to the Common Fund, out of the 10-Year Pediatric Research Initiative Fund described in section 9008 of the Internal Revenue Code of 1986, and in addition to amounts otherwise made available under paragraph (1) of this subsection and reserved under subsection (c)(1)(B)(i) of this section, $12,600,000 for each of fiscal years 2014 through 2023.” ; and

5. 2014

   Gabriella Miller Kids First Research Act

   Pub. L. 113–94 § 3(b)(2) · 128 Stat. 1085

   Substituted · 42 U.S.C. § 282a(c)(1)(B); 42 U.S.C. § 282a(c)(1)(D); 42 U.S.C. § 282a(c)(1)(d)

   Pub. L. 113–94, § 3(b)(2), substituted “subsection (a)(1)” for “subsection (a)” wherever appearing

   Source evidence

   Code amendment note
   Subsecs. (c)(1)(B), (D), (d). Pub. L. 113–94, § 3(b)(2), substituted “subsection (a)(1)” for “subsection (a)” wherever appearing.

   Enacted provision · exact public law section
   (2) in subsections (c)(1)(B), (c)(1)(D), and (d), by striking “subsection (a)” each place it appears and inserting “subsection (a)(1)”.

6. 2016

   21st Century Cures Act

   Pub. L. 114–255 § 2001 · 130 Stat. 1033

   Added · 42 U.S.C. § 282a(a)(1)(D)(F)

   Pub. L. 114–255, § 2001, added subpars. (D) to (F)

   Source evidence

   Code amendment note
   Subsec. (a)(1)(D) to (F). Pub. L. 114–255, § 2001, added subpars. (D) to (F).

   Enacted provision · exact public law section
   SEC. 2001. NATIONAL INSTITUTES OF HEALTH REAUTHORIZATION.   Section 402A(a)(1) of the Public Health Service Act (42 U.S.C. 282a(a)(1)) is amended— (1) in subparagraph (B), by striking “and” at the end; (2) in subparagraph (C), by striking the period at the end and inserting a semicolon; and (3) by adding at the end the following new subparagraphs: “(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.” .

7. 2016

   21st Century Cures Act

   Pub. L. 114–255 § 2031(b) · 130 Stat. 1033

   Substituted · 42 U.S.C. § 282a(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,”

   Source evidence

   Code amendment note
   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,”.

   Enacted provision · exact public law section
   (b) Conforming Amendment.— Section 402A(c)(1)(C) of the Public Health Service Act (42 U.S.C. 282a(c)(1)(C)) is amended by striking “Not later than June 1, 2007, and every 2 years thereafter,” and inserting “As part of the National Institutes of Health Strategic Plan required under section 402(m),”.

8. 2016

   21st Century Cures Act

   Pub. L. 114–255 § 2042(a)(1) · 130 Stat. 1033

   Amended · 42 U.S.C. § 282a(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—

   Source evidence

   Code amendment note
   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).”

   Enacted provision · exact public law section
   (1) by amending subparagraph (B) to read as follows: “(B) Reporting.— Not later than 2 years after the date of enactment of 21st Century Cures Act, 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 403, 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

9. 2016

   21st Century Cures Act

   Pub. L. 114–255 § 2042(a)(2) · 130 Stat. 1033

   Substituted · 42 U.S.C. § 282a(c)(2)(D); 42 U.S.C. § 282a(c)(2)(E)

   Pub. L. 114–255, § 2042(a)(2), substituted “(B)” for “(B)(i)”

   Source evidence

   Code amendment note
   Subsec. (c)(2)(D), (E). Pub. L. 114–255, § 2042(a)(2), substituted “(B)” for “(B)(i)”.

   Enacted provision · exact public law section
   (2) in subparagraphs (D) and (E) by striking “(B)(i)” each place it appears and inserting “(B)”.

10. 2025

    Pub. L. 118–228 § 2(1) · 138 Stat. 2822

    1. Substituted · 42 U.S.C. § 282a(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”

    2. Substituted · 42 U.S.C. § 282a(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 “2024 through 2028” for “2014 through 2023”

    3. Struck · 42 U.S.C. § 282a(a)(2)

       Pub. L. 118–228, § 2(1), 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”

    Unresolved: Pub. L. 118–228 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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”.

11. 2025

    Pub. L. 118–228 § 2(2) · 138 Stat. 2822

    Substituted · 42 U.S.C. § 282a(c)(1)(A); 42 U.S.C. § 282a(c)(2)(C)

    Pub. L. 118–228, § 2(2), substituted “section 282(b)(7)(B)(i)” for “section 282(b)(7)(B)”

    Unresolved: Pub. L. 118–228 was not found in the local Statutes at Large index.

    Source evidence

    Code amendment note
    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)”.

9 of 13 references resolved to an enrolled provision · 4 unresolved