
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC300cc-40b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
  SUBCHAPTER XXI--RESEARCH WITH RESPECT TO ACQUIRED IMMUNE DEFICIENCY 
                                SYNDROME
 
                     Part D--Office of AIDS Research
 
            subpart i--interagency coordination of activities
 
Sec. 300cc-40b. Comprehensive plan for expenditure of 
        appropriations
        

(a) In general

    Subject to the provisions of this section and other applicable law, 
the Director of the Office, in carrying out section 300cc-40 of this 
title, shall--
        (1) establish a comprehensive plan for the conduct and support 
    of all AIDS activities of the agencies of the National Institutes of 
    Health (which plan shall be first established under this paragraph 
    not later than 12 months after June 10, 1993);
        (2) ensure that the Plan establishes priorities among the AIDS 
    activities that such agencies are authorized to carry out;
        (3) ensure that the Plan establishes objectives regarding such 
    activities, describes the means for achieving the objectives, and 
    designates the date by which the objectives are expected to be 
    achieved;
        (4) ensure that all amounts appropriated for such activities are 
    expended in accordance with the Plan;
        (5) review the Plan not less than annually, and revise the Plan 
    as appropriate; and
        (6) ensure that the Plan serves as a broad, binding statement of 
    policies regarding AIDS activities of the agencies, but does not 
    remove the responsibility of the heads of the agencies for the 
    approval of specific programs or projects, or for other details of 
    the daily administration of such activities, in accordance with the 
    Plan.

(b) Certain components of Plan

    With respect to AIDS activities of the agencies of the National 
Institutes of Health, the Director of the Office shall ensure that the 
Plan--
        (1) provides for basic research;
        (2) provides for applied research;
        (3) provides for research that is conducted by the agencies;
        (4) provides for research that is supported by the agencies;
        (5) provides for proposals developed pursuant to solicitations 
    by the agencies and for proposals developed independently of such 
    solicitations; and
        (6) provides for behavioral research and social sciences 
    research.

(c) Budget estimates

                       (1) Full-funding budget

        (A) With respect to a fiscal year, the Director of the Office 
    shall prepare and submit directly to the President, for review and 
    transmittal to the Congress, a budget estimate for carrying out the 
    Plan for the fiscal year, after reasonable opportunity for comment 
    (but without change) by the Secretary, the Director of the National 
    Institutes of Health, and the advisory council established under 
    section 300cc-40a of this title. The budget estimate shall include 
    an estimate of the number and type of personnel needs for the 
    Office.
        (B) The budget estimate submitted under subparagraph (A) shall 
    estimate the amounts necessary for the agencies of the National 
    Institutes of Health to carry out all AIDS activities determined by 
    the Director of the Office to be appropriate, without regard to the 
    probability that such amounts will be appropriated.

                       (2) Alternative budgets

        (A) With respect to a fiscal year, the Director of the Office 
    shall prepare and submit to the Secretary and the Director of the 
    National Institutes of Health the budget estimates described in 
    subparagraph (B) for carrying out the Plan for the fiscal year. The 
    Secretary and such Director shall consider each of such estimates in 
    making recommendations to the President regarding a budget for the 
    Plan for such year.
        (B) With respect to the fiscal year involved, the budget 
    estimates referred to in subparagraph (A) for the Plan are as 
    follows:
            (i) The budget estimate submitted under paragraph (1).
            (ii) A budget estimate developed on the assumption that the 
        amounts appropriated will be sufficient only for--
                (I) continuing the conduct by the agencies of the 
            National Institutes of Health of existing AIDS activities 
            (if approved for continuation), and continuing the support 
            of such activities by the agencies in the case of projects 
            or programs for which the agencies have made a commitment of 
            continued support; and
                (II) carrying out, of activities that are in addition to 
            activities specified in subclause (I), only such activities 
            for which the Director determines there is the most 
            substantial need.

            (iii) Such other budget estimates as the Director of the 
        Office determines to be appropriate.

(d) Funding

                 (1) Authorization of appropriations

        For the purpose of carrying out AIDS activities under the Plan, 
    there are authorized to be appropriated such sums as may be 
    necessary for each of the fiscal years 1994 through 1996.

                        (2) Receipt of funds

        For the first fiscal year beginning after the date on which the 
    Plan first established under subsection (a)(1) of this section has 
    been in effect for 12 months, and for each subsequent fiscal year, 
    the Director of the Office shall receive directly from the President 
    and the Director of the Office of Management and Budget all funds 
    available for AIDS activities of the National Institutes of Health.

                    (3) Allocations for agencies

        (A) Each fiscal year the Director of the Office shall, from the 
    amounts received under paragraph (2) for the fiscal year, allocate 
    to the agencies of the National Institutes of Health (in accordance 
    with the Plan) all amounts available for such year for carrying out 
    the AIDS activities specified in subsection (c)(2)(B)(ii)(I) of this 
    section for such year. Such allocation shall, to the extent 
    practicable, be made not later than 15 days after the date on which 
    the Director receives amounts under paragraph (2).
        (B) Each fiscal year the Director of the Office shall, from the 
    amounts received under paragraph (2) for the fiscal year, allocate 
    to the agencies of the National Institutes of Health (in accordance 
    with the Plan) all amounts available for such year for carrying out 
    AIDS activities that are not referred to in subparagraph (A). Such 
    allocation shall, to the extent practicable, be made not later than 
    30 days after the date on which the Director receives amounts under 
    paragraph (2).

(July 1, 1944, ch. 373, title XXIII, Sec. 2353, as added Pub. L. 103-43, 
title XVIII, Sec. 1801(a)(3), June 10, 1993, 107 Stat. 194.)

                  Section Referred to in Other Sections

    This section is referred to in sections 284, 300cc-40, 300cc-40a, 
300cc-45 of this title.
