The Director of the National Cancer Institute shall be appointed by the President, and the Directors of the other national research institutes and national centers shall be appointed by the Secretary, acting through the Director of National Institutes of Health. Each Director of a national research institute or national center shall report directly to the Director of National Institutes of Health.
A Director of a national research institute or national center who is appointed by the Secretary, acting through the Director of National Institutes of Health, shall be appointed for 5 years.
At the end of the term of a Director of a national research institute or national center, the Director may be reappointed in accordance with standards applicable to the relevant appointment mechanism. There shall be no limit on the number of terms that a Director may serve.
If the office of a Director of a national research institute or national center becomes vacant before the end of such Director's term, the Director appointed to fill the vacancy shall be appointed for a 5-year term starting on the date of such appointment.
Each Director of a national research institute or national center who is serving on December 13, 2016, shall be deemed to be appointed for a 5-year term under this subsection beginning on such date.
Nothing in this subsection shall be construed to limit the authority of the Secretary or the Director of National Institutes of Health to terminate the appointment of a director referred to in subparagraph (A) before the expiration of such director's 5-year term.
Appointments and reappointments under this subsection shall be made on the basis of ability and experience as it relates to the mission of the National Institutes of Health and its components, including compliance with any legal requirement that the Secretary or Director of National Institutes of Health determines relevant.
The restrictions contained in section 202 of the Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1993 (Public Law 102-394; 42 U.S.C. 238f note) related to consultants and individual scientists appointed for limited periods of time shall not apply to Directors appointed under this subsection.
The indemnification provisions of section 3861 of title 10 shall apply with respect to contracts entered into under this subsection and section 282(b) of this title.
In carrying out subsection (b), each Director of a national research institute-
Chapter 10 of title 5 shall not apply to the duration of a peer review group appointed under paragraph (3).
42 U.S.C. § 284
EDITORIAL NOTES
AMENDMENTS2022-Subsec. (c). Pub. L. 117-286 substituted "Chapter 10 of title 5" for "The Federal Advisory Committee Act" in concluding provisions.2021-Subsec. (b)(1). Pub. L. 117-81 substituted "section 3861" for "section 2354" in concluding provisions.2016-Subsec. (a). Pub. L. 114-255, §2033(a), amended subsec. (a) generally. Prior to amendment, text read as follows: "The Director of the National Cancer Institute shall be appointed by the President and the Directors of the other national research institutes shall be appointed by the Secretary. Each Director of a national research institute shall report directly to the Director of NIH.".Subsec. (b)(1)(C) to (M). Pub. L. 114-255, §2036(c), added par. (C) and redesignated former pars. (C) to (L) as (D) to (M), respectively. Subsec. (b)(3). Pub. L. 114-255, §2033(b), added par. (3). 2007-Subsec. (c)(3)(A). Pub. L. 109-482 substituted "section 282(b)(16)" for "section 282(b)(6)". 1993-Subsec. (b)(2)(C). Pub. L. 103-43, §301(a)(1), added subpar. (C).Subsec. (c). Pub. L. 103-43, §301(b)(2), inserted concluding provisions relating to Federal Advisory Committee Act.Subsec. (c)(3). Pub. L. 103-43, §301(b)(1), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "may, in consultation with the advisory council for the Institute and the approval of the Director of NIH, establish and appoint technical and scientific peer review groups in addition to those established and appointed under section 282(b)(6) of this title; and". 1988-Subsec. (b)(1). Pub. L. 100-607, §116(1), struck out "the" after "with respect to" in introductory provisions. Subsec. (c)(3). Pub. L. 100-690 substituted "establish and appoint" and "established and appointed" for "establish" and "established", respectively. Pub. L. 100-607, §116(2)(A), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "may, with the approval of the advisory council for the institute and the Director of NIH, appoint technical and scientific peer review groups in addition to those appointed under section 282(b)(6) of this title."Subsec. (c)(4). Pub. L. 100-607, §116(2)(C), added par. (4).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 109-482 applicable only with respect to amounts appropriated for fiscal year 2007 or subsequent fiscal years, see section 109 of Pub. L. 109-482 set out as a note under section 281 of this title.
EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100-690 effective immediately after enactment of Pub. L. 100-607 which was approved Nov. 4, 1988, see section 2600 of Pub. L. 100-690 set out as a note under section 242m of this title.
FEDERAL RESEARCH Pub. L. 117-215, title IV, §401, Dec. 2, 2022, 136 Stat. 2265, provided that: "(a) IN GENERAL.-Not later than 1 year after the date of enactment of this Act [Dec. 2, 2022], the Secretary of Health and Human Services, in coordination with the Director of the National Institutes of Health and the heads of other relevant Federal agencies, shall submit to the Caucus on International Narcotics Control, the Committee on the Judiciary, and the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Energy and Commerce and the Committee on the Judiciary of the House of Representatives a report on-"(1) the potential therapeutic effects of cannabidiol or marijuana on serious medical conditions, including intractable epilepsy;"(2) the potential effects of marijuana, including-"(A) the effect of increasing delta-9-tetrahydrocannabinol levels on the human body and developing adolescent brains; and"(B) the effect of various delta-9-tetrahydrocannabinol levels on cognitive abilities, such as those that are required to operate motor vehicles or other heavy equipment; and "(3) the barriers associated with researching marijuana or cannabidiol in States that have legalized the use of such substances, which shall include-"(A) recommendations as to how such barriers might be overcome, including whether public-private partnerships or Federal-State research partnerships may or should be implemented to provide researchers with access to additional strains of marijuana and cannabidiol; and "(B) recommendations as to what safeguards must be in place to verify-"(i) the levels of tetrahydrocannabinol, cannabidiol, or other cannabinoids contained in products obtained from such States is accurate; and"(ii) that such products do not contain harmful or toxic components."(b) ACTIVITIES.-To the extent practicable, the Secretary of Health and Human Services, either directly or through awarding grants, contacts, or cooperative agreements, shall expand and coordinate the activities of the National Institutes of Health and other relevant Federal agencies to better determine the effects of cannabidiol and marijuana, as outlined in the report submitted under paragraphs (1) and (2) of subsection (a)."[For definitions of terms as used in section 401 of Pub. L. 117-215 set out above, see section 2(a) of Pub. L. 117-215 set out as a note under section 801 of Title 21, Food and Drugs.]
ENHANCING THE CLINICAL AND TRANSLATIONAL SCIENCE AWARD Pub. L. 109-482, title I, §106, Jan. 15, 2007, 120 Stat. 3696, provided that:"(a) IN GENERAL.-In administering the Clinical and Translational Science Award, the Director of NIH shall establish a mechanism to preserve independent funding and infrastructure for pediatric clinical research centers by-"(1) allowing the appointment of a secondary principal investigator under a single Clinical and Translational Science Award, such that a pediatric principal investigator may be appointed with direct authority over a separate budget and infrastructure for pediatric clinical research; or"(2) otherwise securing institutional independence of pediatric clinical research centers with respect to finances, infrastructure, resources, and research agenda. "(b) REPORT.-As part of the biennial report under section 403 of the Public Health Service Act [42 U.S.C. 283], the Director of NIH shall provide an evaluation and comparison of outcomes and effectiveness of training programs under subsection (a)."(c) DEFINITION.-For purposes of this section, the term 'Director of NIH' has the meaning given such term in section 401 of the Public Health Service Act [42 U.S.C. 281] ."
- Advisory Committee
- The term "Advisory Committee" means the Green Building Advisory Committee established under section 484.1
- Secretary
- The term "Secretary" means the Secretary of Housing and Urban Development.1 See References in Text note below.
- Service
- The term "Service" means the Public Health Service;
- project
- The terms "federally assisted housing" and "project" mean-(A) a public housing project (as such term is defined in section 3(b) of the United States Housing Act of 1937 [42 U.S.C. 1437a(b)] );(B) housing for which project-based assistance is provided under section 8 of the United States Housing Act of 1937 [42 U.S.C. 1437f] ;(C) housing that is assisted under section 1701q of title 12;(D) housing that is assisted under section 1701q of title 12, as such section existed before November 28, 1990;(E) housing financed by a loan or mortgage insured under section 1715l(d)(3) of title 12 that bears interest at a rate determined under the proviso of section 1715l(d)(5) of title 12;(F) housing insured, assisted, or held by the Secretary or a State or State agency under section 1715z-1 of title 12;(G) housing constructed or substantially rehabilitated pursuant to assistance provided under section 8(b)(2) of the United States Housing Act of 1937 [42 U.S.C. 1437f(b)(2)], as in effect before October 1, 1983, that is assisted under a contract for assistance under such section; and(H) housing that is assisted under section 8013 1 of this title.