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

Page 650 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 282a technologies, evaluating the role of the National Insti- tutes of Health or any other Federal agency to achieve a greater commitment to innovation in bioengineering, and evaluating the need for better coordination and collaboration among Federal agencies and between the public and private sectors, and, not later than 1 year after June 10, 1993, to prepare and submit to Committee on Labor and Human Resources of Senate, and Com- mittee on Energy and Commerce of House of Represent- atives, a report containing the findings of the study to- gether with recommendations concerning the enact- ment of legislation to implement the results of such study. MASTER PLAN FOR PHYSICAL INFRASTRUCTURE FOR RESEARCH Pub. L. 103–43, title XX, § 2002, June 10, 1993, 107 Stat. 208, directed Secretary of Health and Human Services, acting through Director of the National Institutes of Health, not later than June 1, 1994, to present to Con- gress a master plan to provide for replacement or refur- bishment of less than adequate buildings, utility equip- ment and distribution systems (including the resources that provide electrical and other utilities, chilled water, air handling, and other services that the Sec- retary, acting through the Director, deemed necessary), roads, walkways, parking areas, and grounds that un- derpin the laboratory and clinical facilities of the Na- tional Institutes of Health, and provided that the plan could make recommendations for the undertaking of new projects that are consistent with the objectives of this section, such as encircling the National Institutes of Health Federal enclave with an adequate chilled water conduit. § 282a. Authorization of appropriations (a) In general (1) This subchapter For purposes of carrying out this sub- chapter, there are authorized to be appro- priated— (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 fis- cal 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 Initia- tives, out of the Pediatric Research Initiative Fund described in section 9008 of title 26, and in addition to amounts otherwise made avail- able 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. (c) Trans-NIH research (1) Common Fund (A) Account For the purpose of allocations under sec- tion 282(b)(7)(B)(i) of this title (relating to research identified by the Division of Pro- gram 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 con- stituted by the amount reserved under clause (i) relative to the total amount ap- propriated 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 sub- section (a)(1) for such preceding fiscal year, subject to any applicable provisions in appropriations Acts. (C) Common Fund strategic planning report As part of the National Institutes of Health Strategic Plan required under sec- tion 282(m) of this title, the Secretary, act- ing through the Director of NIH, shall sub- mit a report to the Congress containing a strategic plan for funding research described in section 282(b)(7)(A)(i) of this title (includ- ing personnel needs) through the Common Fund. Each such plan shall include the fol- lowing: (i) An estimate of the amounts deter- mined by the Director of NIH to be appro- priate for maximizing the potential of such research. (ii) An estimate of the amounts deter- mined by the Director of NIH to be suffi- cient only for continuing to fund research activities previously identified by the Di- vision of Program Coordination, Planning, and Strategic Initiatives. (iii) An estimate of the amounts deter- mined by the Director of NIH to be nec- essary to fund research described in sec- tion 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 sub- stantial 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 rec- ommendations to the Congress for changes regarding amounts for the Common Fund. (2) Trans-NIH research reporting (A) Limitation With respect to the total amount appro- priated under subsection (a) for fiscal year Page 651 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 282a 2008 or any subsequent fiscal year, if the head of a national research institute or na- tional center fails to submit the report re- quired by subparagraph (B) for the preceding fiscal year, the amount made available for the institute or center for the fiscal year in- volved may not exceed the amount made available for the institute or center for fis- cal year 2006. (B) Reporting Not later than 2 years after December 13, 2016, the head of each national research in- stitute or national center shall submit to the Director of the National Institutes of Health a report, to be included in the tri- ennial report under section 283 of this title, on the amount made available by the insti- tute 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 cen- ters. (C) Determination For purposes of determining the amount or percentage of funds to be reported under subparagraph (B), any amounts made avail- able 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 in- stitute or national center, the Director of NIH may waive the application of this para- graph to such institute or center if the Di- rector finds that the conduct or support of research described in subparagraph (B) is in- consistent with the mission of such institute or center. (d) Transfer authority Of the total amount appropriated under sub- section (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 iden- tified by the Director to receive funds pursuant to this subsection. In making such transfers, the Director may not decrease any appropriation ac- count 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 sec- tion 281 of this title. (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.) 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 sub- stituted ‘‘to the Division of Program Coordination, Planning, and Strategic Initiatives’’ for ‘‘to the Com- mon Fund’’ and ‘‘2024 through 2028’’ for ‘‘2014 through 2023’’, and struck out ‘‘10-Year’’ before ‘‘Pediatric Re- search Initiative Fund’’ and ‘‘and reserved under sub- section (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), sub- stituted ‘‘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 there- after,’’. 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 Janu- ary 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 cen- ter and 1 or more other national research institutes or national centers; and ‘‘(ii) the Secretary shall submit a report to the Con- gress identifying the percentage of funds made avail- able 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), sub- stituted ‘‘(B)’’ for ‘‘(B)(i)’’. 2014—Subsec. (a). Pub. L. 113–94, § 3(b)(1)(B), which di- rected amendment of subsec. (a) by striking ‘‘For pur- poses of carrying out this subchapter’’ and inserting par. (1) designation, heading, and ‘‘For purposes of car- rying out this subchapter’’, was executed by striking ‘‘For the purpose of carrying out this subchapter’’ and making the insertions as directed, to reflect the prob- able intent of Congress. Pub. L. 113–94, § 3(b)(1)(A), redesignated pars. (1) to (3) as subpars. (A) to (C), respectively, and realigned mar- gins. 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), sub- stituted ‘‘subsection (a)(1)’’ for ‘‘subsection (a)’’ wher- ever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only with respect to amounts ap- propriated 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, pro- vided 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 de- Page 652 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 282b scribed 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).’’ § 282b. Electronic coding of grants and activities The Secretary, acting through the Director of NIH, shall establish an electronic system to uni- formly code research grants and activities of the Office of the Director and of all the national re- search institutes and national centers. The elec- tronic system shall be searchable by a variety of codes, such as the type of research grant, the re- search entity managing the grant, and the pub- lic health area of interest. When permissible, the Secretary, acting through the Director of NIH, shall provide information on relevant lit- erature and patents that are associated with re- search activities of the National Institutes of Health. (July 1, 1944, ch. 373, title IV, § 402B, as added Pub. L. 109–482, title I, § 104(a)(3), Jan. 15, 2007, 120 Stat. 3689.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section applicable only with respect to amounts ap- propriated 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. § 282c. Public access to funded investigators’ final manuscripts The Director of the National Institutes of Health (‘‘NIH’’) shall require in the current fis- cal year and thereafter that all investigators funded by the NIH submit or have submitted for them to the National Library of Medicine’s PubMed Central an electronic version of their final, peer-reviewed manuscripts upon accept- ance for publication, to be made publicly avail- able no later than 12 months after the official date of publication: Provided, That the NIH shall implement the public access policy in a manner consistent with copyright law. (Pub. L. 111–8, div. F, title II, § 217, Mar. 11, 2009, 123 Stat. 782.) Editorial Notes CODIFICATION Section was enacted as part of the Department of Health and Human Services Appropriations Act, 2009, and also as part of the Departments of Labor, Health and Human Services, and Education, and Related Agen- cies Appropriations Act, 2009, and the Omnibus Appro- priations Act, 2009, and not as part of the Public Health Service Act which comprises this chapter. § 282d. Transferred Editorial Notes CODIFICATION Section, act July 1, 1944, ch. 373, title IV, § 402C, as added Pub. L. 111–148, title X, § 10409(d), Mar. 23, 2010, 124 Stat. 978, which related to the Cures Acceleration Network, was renumbered section 480 of act July 1, 1944, by Pub. L. 112–74, div. F, title II, § 221(c)(1)(A), Dec. 23, 2011, 125 Stat. 1089, and transferred to section 287a of this title. § 283. Triennial reports of Director of NIH (a) In general The Director of NIH shall submit to the Con- gress on a triennial basis a report in accordance with this section. The first report shall be sub- mitted not later than 1 year after January 15, 2007. Each such report shall include the fol- lowing information: (1) An assessment of the state of biomedical and behavioral research. (2) A description of the activities conducted or supported by the agencies of the National Institutes of Health and policies respecting the programs of such agencies. (3) A description of intra-National Institutes of Health activities, including— (A) identification of the percentage of funds made available by each national re- search institute and national center with re- spect to each applicable fiscal year for con- ducting or supporting research that involves collaboration between the institute or cen- ter and 1 or more other national research in- stitutes or national centers; and (B) recommendations for promoting co- ordination of information among the centers of excellence. (4) A catalog of all the research activities of the agencies, prepared in accordance with the following: (A) The catalog shall, for each such activ- ity— (i) identify the agency or agencies in- volved; (ii) state whether the activity was car- ried out directly by the agencies or was supported by the agencies and describe to what extent the agency was involved; and (iii) identify whether the activity was carried out through a center of excellence. (B) In the case of clinical research, the catalog shall, as appropriate, identify study populations by demographic variables, in- cluding biological and social variables and relevant age categories (such as pediatric subgroups), and determinants of health, that contribute to research on minority health and health disparities. (C) Research activities listed in the cata- log shall include, where applicable, the fol- lowing: (i) Epidemiological studies and longitu- dinal studies. (ii) Disease registries, information clear- inghouses, and other data systems. (iii) Public education and information campaigns. (iv) Training activities, including— (I) National Research Service Awards and Clinical Transformation Science Awards; (II) graduate medical education pro- grams, including information on the number and type of graduate degrees awarded during the period in which the programs received funding under this subchapter; (III) investigator-initiated awards for postdoctoral training and postdoctoral training funded through research grants;