---
kind: "section"
citation: "42 U.S.C. § 300cc–40c"
title: "42"
title_heading: "The Public Health and Welfare"
number: "300cc–40c"
heading: "Comprehensive plan for expenditure of appropriations"
release: "119-102"
url: "https://uscodex.org/usc/42/300cc-40c"
units:
  - "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"
---

# §300cc–40c. Comprehensive plan for expenditure of appropriations

- (a) **In general—** Subject to the provisions of this section and other applicable law, the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3), in carrying out [section 300cc–40 of this title](/usc/42/300cc–40.md), shall—
  - (1) establish a comprehensive plan for the conduct and support of all [AIDS activities](/usc/42/300cc–45.md?p=c-1) 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](/usc/42/300cc–45.md?p=c-1) 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](/usc/42/300cc–45.md?p=c-1) of the agencies, but does not [remove](/usc/42/9601.md?p=23) the responsibility of the heads of the agencies for the approval of specific [programs](/usc/42/274l–1.md?p=4) or [projects](/usc/42/11360.md?p=20), 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](/usc/42/300cc–45.md?p=c-1) of the agencies of the National Institutes of Health, the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) 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](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) 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](/usc/42/201.md?p=c), the [Director](/usc/42/5061.md?p=1) of the National Institutes of Health, and the [advisory council](/usc/42/274l–1.md?p=1) established under [section 300cc–40b of this title](/usc/42/300cc–40b.md). The budget estimate shall include an estimate of the number and type of personnel needs for the [Office](/usc/42/300cc–45.md?p=c-3).
    - (B) The budget estimate submitted under [subparagraph (A)](#c-1-A) shall estimate the amounts necessary for the agencies of the National Institutes of Health to carry out all [AIDS activities](/usc/42/300cc–45.md?p=c-1) determined by the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) 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](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) shall prepare and submit to the [Secretary](/usc/42/201.md?p=c) and the [Director](/usc/42/5061.md?p=1) of the National Institutes of Health the budget estimates described in [subparagraph (B)](#c-2-B) for carrying out the Plan for the fiscal year. The [Secretary](/usc/42/201.md?p=c) and such [Director](/usc/42/5061.md?p=1) 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)](#c-2-A) for the Plan are as follows:
      - (i) The budget estimate submitted under [paragraph (1)](#c-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](/usc/42/300cc–45.md?p=c-1) (if approved for continuation), and continuing the support of such activities by the agencies in the case of [projects](/usc/42/11360.md?p=20) or [programs](/usc/42/274l–1.md?p=4) 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)](#c-2-B-ii-I), only such activities for which the [Director](/usc/42/5061.md?p=1) determines there is the most substantial need.
      - (iii) Such other budget estimates as the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) determines to be appropriate.
- (d) **Funding—**
  - (1) **Authorization of appropriations—** For the purpose of carrying out [AIDS activities](/usc/42/300cc–45.md?p=c-1) 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)](#a-1) has been in effect for 12 months, and for each subsequent fiscal year, the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) shall receive directly from the President and the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) of Management and Budget all [funds](/usc/42/12854.md?p=3) available for [AIDS activities](/usc/42/300cc–45.md?p=c-1) of the National Institutes of Health.
  - (3) **Allocations for agencies—**
    - (A) Each fiscal year the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) shall, from the amounts received under [paragraph (2)](#d-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](/usc/42/300cc–45.md?p=c-1) specified in [subsection (c)(2)(B)(ii)(I)](#c-2-B-ii-I) for such year. Such [allocation](/usc/42/2021b.md?p=2) shall, to the extent practicable, be made not later than 15 days after the date on which the [Director](/usc/42/5061.md?p=1) receives amounts under [paragraph (2)](#d-2).
    - (B) Each fiscal year the [Director](/usc/42/5061.md?p=1) of the [Office](/usc/42/300cc–45.md?p=c-3) shall, from the amounts received under [paragraph (2)](#d-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](/usc/42/300cc–45.md?p=c-1) that are not referred to in [subparagraph (A)](#d-3-A). Such [allocation](/usc/42/2021b.md?p=2) shall, to the extent practicable, be made not later than 30 days after the date on which the [Director](/usc/42/5061.md?p=1) receives amounts under [paragraph (2)](#d-2).

## Source credit

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

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 300cc–40b of this title.