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42 U.S.C. § 238a — Gifts for benefit of Service

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 238a — Gifts for benefit of Service

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Stable record: federal_law:legal_authorities:record_usc_a5160572bed38bff34ece18b
Source file: Laws/federal/codes/united-states-code/title-42/section-238a-gifts-for-benefit-of-service--4c22bec3d5.md
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Source location: Title 42, Chapter 6A, § 238a; chapter-6a-public-health-service.md

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**(a) Acceptance by Secretary** The Secretary of Health and Human Services is authorized to accept on behalf of the United States gifts made unconditionally by will or otherwise for the benefit of the Service or for the carrying out of any of its functions. Conditional gifts may be so accepted if recommended by the Surgeon General, and the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with its conditions, but no gift shall be accepted which is conditioned upon any expenditure not to be met therefrom or from the income thereof unless such expenditure has been approved by Act of Congress. **(b) Depository of funds; availability for expenditure** Any unconditional gift of money accepted pursuant to the authority granted in subsection (a) of this section, the net proceeds from the liquidation (pursuant to subsection (c) or subsection (d) of this section) of any other property so accepted, and the proceeds of insurance on any such gift property not used for its restoration, shall be deposited in the Treasury of the United States and are hereby appropriated and shall be held in trust by the Secretary of the Treasury for the benefit of the Service, and he may invest and reinvest such funds in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. Such gifts and the income from such investments shall be available for expenditure in the operation of the Service and the performance of its functions, subject to the same examination and audit as is provided for appropriations made for the Service by Congress. **(c) Evidences of unconditional gifts of intangible property** The evidences of any unconditional gift of intangible personal property, other than money, accepted pursuant to the authority granted in subsection (a) of this section shall be deposited with the Secretary of the Treasury and he, in his discretion, may hold them, or liquidate them except that they shall be liquidated upon the request of the Secretary of Health and Human Services, whenever necessary to meet payments required in the operation of the Service or the performance of its functions. The proceeds and income from any such property held by the Secretary of the Treasury shall be available for expenditure as is provided in subsection (b) of this section. **(d) Real property or tangible personal property** The Secretary of Health and Human Services shall hold any real property or any tangible personal property accepted unconditionally pursuant to the authority granted in subsection (a) of this section and he shall permit such property to be used for the operation of the Service and the performance of its functions or he may lease or hire such property, and may insure such property, and deposit the income thereof with the Secretary of the Treasury to be available for expenditure as provided in subsection (b) of this section: Provided, That the income from any such real property or tangible personal property shall be available for expenditure in the discretion of the Secretary of Health and Human Services for the maintenance, preservation, or repair and insurance of such property and that any proceeds from insurance may be used to restore the property insured. Any such property when not required for the operation of the Service or the performance of its functions may be liquidated by the Secretary of Health and Human Services, and the proceeds thereof deposited with the Secretary of the Treasury, whenever in his judgment the purposes of the gifts will be served thereby.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 202 — Definitions

When used in this chapter— **(a)** The term “Service” means the Public Health Service; **(b)** The term “Surgeon General” means the Surgeon General of the Public Health Service; **(c)** Unless the context otherwise requires, the term “Secretary” means the Secretary of Health and Human Services. **(d)** The term “regulations”, except when otherwise specified, means rules and regulations made by the Surgeon General with the approval of the Secretary; **(e)** The term “executive department” means any executive department, agency, or independent establishment of the United States or any corporation wholly owned by the United States; **(f)** Except as provided in sections 246(g)(4)(B),11 See References in Text note below. 247c(c)(1),1 254d(h)(3),1 263c(5),1 264(d), 292a(9),1 300a(c), 300f(13), and 300n(1) 1 of this title, the term “State” includes, in addition to the several States, only the District of Columbia, Guam, the Commonwealth of Puerto Rico, the Northern Mariana Islands, the Virgin Islands, American Samoa, the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. **(g)** The term “possession” includes, among other possessions, Puerto Rico and the Virgin Islands; **(h)** Repealed. Pub. L. 97–35, title IX, § 986(a), Aug. 13, 1981, 95 Stat. 603. **(i)** The term “vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water, exclusive of aircraft and amphibious contrivances; **(j)** The term “habit-forming narcotic drug” or “narcotic” means opium and coca leaves and the several alkaloids derived therefrom, the best known of these alkaloids being morphia, heroin, and codeine, obtained from opium, and cocaine derived from the coca

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 202

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42 U.S.C. § 3501 — Establishment of Department; effective date

The provisions of Reorganization Plan Numbered 1 of 1953, submitted to the Congress on March 12, 1953, shall take effect ten days after April 1, 1953, and its approval by the President, notwithstanding the provisions of the Reorganization Act of 1949, as amended, except that section 9 of such Act shall apply to such reorganization plan and to the reorganization made thereby.

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42 U.S.C. § 300cc — Repealed. Pub. L. 109–482, title I, § 104(b)(2)(C), Jan. 15, 2007, 120 Stat. 3693

### Statutory Notes Section, act July 1, 1944, ch. 373, title XXIII, § 2301, as added Pub. L. 100–607, title II, § 201(4), Nov. 4, 1988, 102 Stat. 3063; amended Pub. L. 102–531, title III, § 312(d)(16), Oct. 27, 1992, 106 Stat. 3505, required an annual comprehensive report on all expenditures by Secretary with respect to AIDS. A prior section 300cc, act July 1, 1944, § 2301, was successively renumbered by subsequent acts and transferred, see [section 238 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238&num=0&edition=prelim). #### Effective Date of Repeal Repeal 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 an Effective Date of 2007 Amendment note under [section 281 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section281&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300cc

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 225 — Transferred

### Statutory Notes #### Codification Section 219, acts July 1, 1944, ch. 373, title V, § 501, 58 Stat. 709; July 3, 1946, ch. 538, § 10, 60 Stat. 425; June 16, 1948, ch. 481, § 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Oct. 15, 1968, Pub. L. 90–574, title V, § 503(b), 82 Stat. 1012; Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, which related to gifts for the benefit of the Service, was successively renumbered by subsequent acts and transferred, see [section 238 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238&num=0&edition=prelim). Section 220, act July 1, 1944, ch. 373, title V, § 502, 58 Stat. 710, which related to use of immigration station hospitals, was successively renumbered by subsequent acts and transferred, see [section 238a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238a&num=0&edition=prelim). Section 221, act July 1, 1944, ch. 373, title V, § 503, 58 Stat. 710, which related to disposition of money collected for care of patients, was successively renumbered by subsequent acts and transferred, see [section 238b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section238b&num=0&edition=prelim). Section 222, acts July 1, 1944, ch. 373, title V, § 504, 58 Stat. 710, June 25, 1948, ch. 654, § 6, 62 Stat. 1018; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, which related to care of Service patients at Saint Elizabeths Hospital, was renumbered section 2104 of act July 1, 1944, by Pub. L. 98–24 and transferred to [section 300aa–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-3

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 225

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 290aa–1 — Advisory councils

**(a) Appointment** (1) **In general** — The Secretary shall appoint an advisory council for— (A) the Substance Abuse and Mental Health Services Administration; (B) the Center for Substance Abuse Treatment; (C) the Center for Substance Abuse Prevention; and (D) the Center for Mental Health Services. Each such advisory council shall advise, consult with, and make recommendations to the Secretary and the Assistant Secretary or Director of the Administration or Center for which the advisory council is established concerning matters relating to the activities carried out by and through the Administration or Center and the policies respecting such activities. (2) **Function and activities** — An advisory council— (A) (i) may on the basis of the materials provided by the organization respecting activities conducted at the organization, make recommendations to the Assistant Secretary or Director of the Administration or Center for which it was established respecting such activities; (ii) shall review applications submitted for grants and cooperative agreements for activities for which advisory council approval is required under [section 290aa–3(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section290aa–3/d/2&num=0&edition=prelim) and recommend for approval applications for projects that show promise of making valuable contributions to the Administration’s mission; and (iii) may review any grant, contract, or cooperative agreement proposed to be made or entered into by the organization; (B) may collect, by correspondence or by personal investigation, information as to studies and services that are being carried on in the United States or any other country as to the diseases, disorders, or other asp

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 290aa–1

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300aa–1 — Establishment

The Secretary shall establish in the Department of Health and Human Services a National Vaccine Program to achieve optimal prevention of human infectious diseases through immunization and to achieve optimal prevention against adverse reactions to vaccines. The Program shall be administered by a Director selected by the Secretary.

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300aa–1

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300aa–2 — Program responsibilities

**(a)** The Director of the Program shall have the following responsibilities: (1) **Vaccine research** — The Director of the Program shall, through the plan issued under [section 300aa–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-3&num=0&edition=prelim), coordinate and provide direction for research carried out in or through the National Institutes of Health, the Centers for Disease Control and Prevention, the Office of Biologics Research and Review of the Food and Drug Administration, the Department of Defense, and the Agency for International Development on means to induce human immunity against naturally occurring infectious diseases and to prevent adverse reactions to vaccines. (2) **Vaccine development** — The Director of the Program shall, through the plan issued under [section 300aa–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-3&num=0&edition=prelim), coordinate and provide direction for activities carried out in or through the National Institutes of Health, the Office of Biologics Research and Review of the Food and Drug Administration, the Department of Defense, and the Agency for International Development to develop the techniques needed to produce safe and effective vaccines. (3) **Safety and efficacy testing of vaccines** — The Director of the Program shall, through the plan issued under [section 300aa–3 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300aa-3&num=0&edition=prelim), coordinate and provide direction for safety and efficacy testing of vaccines carried out in or through the National Institutes of Health, the Centers for Disease Control and Prevention, the Office of Biologics Research and Revie

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300aa–2

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 300cc–1 — Requirement of expediting awards of grants and contracts for research

**(a) In general** The Secretary shall expedite the award of grants, contracts, and cooperative agreements for research projects relating to acquired immune deficiency syndrome (including such research projects initiated independently of any solicitation by the Secretary for proposals for such research projects). **(b) Time limitations with respect to certain applications** (1) With respect to programs of grants, contracts, and cooperative agreements described in subsection (a), any application submitted in response to a solicitation by the Secretary for proposals pursuant to such a program— (A) may not be approved if the application is submitted after the expiration of the 3-month period beginning on the date on which the solicitation is issued; and (B) shall be awarded, or otherwise finally acted upon, not later than the expiration of the 6-month period beginning on the expiration of the period described in subparagraph (A). (2) If the Secretary makes a determination that it is not practicable to administer a program referred to in paragraph (1) in accordance with the time limitations described in such paragraph, the Secretary may adjust the time limitations accordingly. **(c) Requirements with respect to adjustments in time limitations** With respect to any program for which a determination described in subsection (b)(2) is made, the Secretary shall— (1) if the determination is made before the Secretary issues a solicitation for proposals pursuant to the program, ensure that the solicitation describes the time limitations as adjusted by the determination; and (2) if the determination is made after the Secretary issues such a solicitation for proposals, issue a statement describing the time limitations as adjusted by the determination and individually noti

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42 U.S.C. § 300ee–19 — Provisions with respect to carrying out purpose of grants

A State may expend payments received under [section 300ee–11(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ee–11/a&num=0&edition=prelim)— (1) to develop, establish, and conduct public information activities relating to the prevention and diagnosis of acquired immune deficiency syndrome for those populations or communities in the State in which there are a significant number of individuals at risk of infection with the etiologic agent for such syndrome; (2) to develop, establish, and conduct such public information activities for the general public relating to the prevention and diagnosis of such syndrome; (3) to develop, establish, and conduct activities to reduce risks relating to such syndrome, including research into the prevention of such syndrome; (4) to conduct demonstration projects for the prevention of such syndrome; (5) to provide technical assistance to public entities, to nonprofit private entities concerned with such syndrome, to schools, and to employers, for the purpose of developing information programs relating to such syndrome; (6) with respect to education and training programs for the prevention of such syndrome, to conduct such programs for health professionals (including allied health professionals), public safety workers (including emergency response employees), teachers, school administrators, and other appropriate education personnel; (7) to conduct appropriate programs for educating school-aged children with respect to such syndrome, after consulting with local school boards; (8) to make available to physicians and dentists in the State information with respect to acquired immune deficiency syndrome, including measures for the prevention of exposure to, and the transmission of, the etio

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42 U.S.C. § 300ff–14 — Administration and planning council

**(a) Administration** (1) **In general** — Assistance made available under grants awarded under this subpart shall be directed to the chief elected official of the city or urban county that administers the public health agency that provides outpatient and ambulatory services to the greatest number of individuals with AIDS, as reported to and confirmed by the Centers for Disease Control and Prevention, in the eligible area that is awarded such a grant. (2) **Requirements** (A) *In general* — To receive assistance under [section 300ff–11(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff–11/a&num=0&edition=prelim), the chief elected official of the eligible area involved shall— (i) establish, through intergovernmental agreements with the chief elected officials of the political subdivisions described in subparagraph (B), an administrative mechanism to allocate funds and services based on— (I) the number of AIDS cases in such subdivisions; (II) the severity of need for outpatient and ambulatory care services in such subdivisions; and (III) the health and support services personnel needs of such subdivisions; and (ii) establish an HIV health services planning council in accordance with subsection (b). (B) *Local political subdivision* — The political subdivisions referred to in subparagraph (A) are those political subdivisions in the eligible area— (i) that provide HIV-related health services; and (ii) for which the number of cases reported for purposes of [section 300ff–11(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section300ff–11/a&num=0&edition=prelim) constitutes not less than 10 percent of the number of such cases reported for t

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 300ff–14

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