42 U.S.C. § 238f — Availability of appropriations

Page 117 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 238f 1970—Pub. L. 91–513 inserted references to appropria- tions available for grants to expand existing treatment and research programs and facilities for alcoholism, narcotic addiction, drug abuse, and drug dependence, and appropriations available under Community Mental Health Centers Act for construction and staffing of community mental health centers and alcoholism and narcotic addiction, drug abuse, and drug dependence fa- cilities, and inserted provision that grants to specified Federal institutions may be funded at 100 per centum of the costs. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1981 AMENDMENT Amendment by Pub. L. 97–35 effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as a note under section 238l of this title. EFFECTIVE DATE Pub. L. 90–31, § 5, June 24, 1967, 81 Stat. 79, provided that this section is effective July 1, 1968. § 238e. Transfer of funds For the purpose of any reorganization under section 203 of this title, the Secretary, with the approval of the Director of the Office of Manage- ment and Budget, is authorized to make such transfers of funds between appropriations as may be necessary for the continuance of trans- ferred functions. (July 1, 1944, ch. 373, title II, § 236, formerly title V, § 508, 58 Stat. 711; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; 1970 Reorg. Plan No. 2, § 102, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085; renumbered title XXI, § 2108, Pub. L. 98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, § 2308, Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3755; re- numbered title XXV, § 2506, Pub. L. 100–607, title II, § 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; re- numbered title XXVI, § 2606, Pub. L. 100–690, title II, § 2620(a), Nov. 18, 1988, 102 Stat. 4244; renum- bered title XXVII, § 2706, Pub. L. 101–381, title I, § 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renum- bered title II, § 236, Pub. L. 103–43, title XX, § 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.) Editorial Notes CODIFICATION Section was formerly classified to section 300aaa–5 of this title prior to renumbering by Pub. L. 103–43, to sec- tion 300cc–7 of this title prior to renumbering by Pub. L. 100–607, to section 300aa–7 of this title prior to re- numbering by Pub. L. 99–660, and to section 226 of this title prior to renumbering by Pub. L. 98–24. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Executive Documents TRANSFER OF FUNCTIONS Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff. July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Ap- pendix to Title 5, Government Organization and Em- ployees. Section 102 of Reorg. Plan No. 2 of 1970 redesig- nated Bureau of the Budget as Office of Management and Budget. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 238f. Availability of appropriations Appropriations for carrying out the purposes of this chapter shall be available for expenditure for personal services and rent at the seat of Gov- ernment; books of reference, periodicals, and ex- hibits; printing and binding; transporting in Government-owned automotive equipment, to and from school, children of personnel who have quarters for themselves and their families at stations determined by the Surgeon General to be isolated stations; expenses incurred in pur- suing, identifying, and returning prisoners who escape from any hospital, institution, or station of the Service or from the custody of any officer or employee of the Service, including rewards for the capture of such prisoners; furnishing, re- pairing, and cleaning such wearing apparel as may be prescribed by the Surgeon General for use by employees in the performance of their of- ficial duties; reimbursing officers and employ- ees, subject to regulations of the Secretary, for the cost of repairing or replacing their personal belongings damaged or destroyed by patients while such officers or employees are engaged in the performance of their official duties; and maintenance of buildings of the National Insti- tutes of Health. (July 1, 1944, ch. 373, title II, § 237, formerly title V, § 509, 58 Stat. 711; June 16, 1948, ch. 481, § 6(b), 62 Stat. 469; June 25, 1948, ch. 654, § 7, 62 Stat. 1018; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered title XXI, § 2109, Pub. L. 98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, § 2309, Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, § 2507, Pub. L. 100–607, title II, § 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, § 2607, Pub. L. 100–690, title II, § 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, § 2707, Pub. L. 101–381, title I, § 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, § 237, Pub. L. 103–43, title XX, § 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.) Editorial Notes CODIFICATION Section was formerly classified to section 300aaa–6 of this title prior to renumbering by Pub. L. 103–43, to sec- tion 300cc–8 of this title prior to renumbering by Pub. L. 100–607, to section 300aa–8 of this title prior to re- numbering by Pub. L. 99–660, and to section 227 of this title prior to renumbering by Pub. L. 98–24. AMENDMENTS 1948—Act June 25, 1948, amended section generally to make it apply to all appropriations to carry out the purposes of the Service instead of merely to appropria- tions to carry out the research functions of the Service. Page 118 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 238f Act June 16, 1948, substituted ‘‘National Institutes of Health’’ for ‘‘National Institute of Health’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. PROHIBITION Pub. L. 117–328, div. FF, title I, § 1261, Dec. 29, 2022, 136 Stat. 5681, provided that: ‘‘Notwithstanding any provi- sion of this title [see Tables for classification] and the amendments made by this title, no funds made avail- able to carry out this title or any amendment made by this title shall be used to purchase, procure, or dis- tribute pipes or cylindrical objects intended to be used to smoke or inhale illegal scheduled substances.’’ BUY AMERICAN PROVISIONS Pub. L. 103–43, title XX, § 2004, June 10, 1993, 107 Stat. 209, as amended by Pub. L. 105–392, title IV, § 416(a), (b), Nov. 13, 1998, 112 Stat. 3590, provided that: ‘‘(a) SENSE OF CONGRESS REGARDING PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.—In the case of any equipment or product that may be author- ized to be purchased with financial assistance provided pursuant to this Act for any of the fiscal years 1994 through 1996, it is the sense of the Congress that enti- ties receiving such assistance should, in expending the assistance, purchase only American-made equipment and products. ‘‘(b) NOTICE TO RECIPIENTS OF ASSISTANCE.—In pro- viding financial assistance pursuant to this Act, the Secretary of Health and Human Services shall provide to each recipient of the assistance a notice describing the statement made in subsection (a) by the Congress.’’ [Pub. L. 105–392, title IV, § 416(c), Nov. 13, 1998, 112 Stat. 3591, provided that: ‘‘This section [amending sec- tion 2004 of Pub. L. 103–43, set out above] is deemed to have taken effect immediately after the enactment of Public Law 103–43 [June 10, 1993].’’] AVAILABILITY OF APPROPRIATIONS FOR ACTIVE COMMISSIONED OFFICERS AND OTHER EXPENSES Pub. L. 102–394, title II, § 202, Oct. 6, 1992, 106 Stat. 1810, as amended by Pub. L. 111–8, div. F, title II, § 222, Mar. 11, 2009, 123 Stat. 784; Pub. L. 111–148, title V, § 5209, Mar. 23, 2010, 124 Stat. 613, provided that: ‘‘Appropria- tions in this or any other Act or subsequent Depart- ments of Labor, Health and Human Services, and Edu- cation, and Related Agencies Appropriations Acts shall be available for expenses for active commissioned offi- cers in the Public Health Service Reserve Corps [now Ready Reserve Corps] and for commissioned officers in the Regular Corps; expenses incident to the dissemina- tion of health information in foreign countries through exhibits and other appropriate means; advances of funds for compensation, travel, and subsistence ex- penses (or per diem in lieu thereof) for persons coming from abroad to participate in health or scientific ac- tivities of the Department pursuant to law; expenses of primary and secondary schooling of dependents in for- eign countries, of Public Health Service commissioned officers stationed in foreign countries, at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools available in the locality are unable to provide adequately for the education of such dependents, and for the transportation of such depend- ents, between such schools and their places of residence when the schools are not accessible to such dependents by regular means of transportation; expenses for med- ical care for civilian and commissioned employees of the Public Health Service and their dependents as- signed abroad on a permanent basis in accordance with such regulations as the Secretary may provide; rental or lease of living quarters (for periods not exceeding five years), and provision of heat, fuel, and light and maintenance, improvement, and repair of such quar- ters, and advance payments therefor, for civilian offi- cers and employees of the Public Health Service who are United States citizens and who have a permanent station in a foreign country; purchase, erection, and maintenance of temporary or portable structures; and for the payment of compensation to consultants or in- dividual scientists appointed for limited periods of time pursuant to section 207(f) or section 207(g) of the Public Health Service Act [42 U.S.C. 209(f), (g)], at rates estab- lished by the Assistant Secretary for Health, or the Secretary where such action is required by statute, not to exceed the per diem rate equivalent to the maximum rate payable for senior-level positions under 5 U.S.C. 5376.’’ [Pub. L. 111–148, § 5209, which directed amendment of Pub. L. 102–394, § 202, set out above, by striking out ‘‘not to exceed 2,800’’, was executed by striking out ‘‘not to exceed 4,000’’ before ‘‘commissioned officers in the Regular Corps’’, to reflect the probable intent of Congress.] [For reference to maximum rate under section 5376 of Title 5, Government Organization and Employees, see section 2(d)(3) of Pub. L. 110–372, set out as an Effective Date of 2008 Amendment note under section 5376 of Title 5.] Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–170, title II, § 202, Nov. 26, 1991, 105 Stat. 1126. Pub. L. 101–517, title II, § 202, Nov. 5, 1990, 104 Stat. 2208. Pub. L. 101–166, title II, § 203, Nov. 21, 1989, 103 Stat. 1176. Pub. L. 100–202, § 101(h) [title II, § 203], Dec. 22, 1987, 101 Stat. 1329–256, 1329–273. Pub. L. 99–500, § 101(i) [H.R. 5233, title II, § 203], Oct. 18, 1986, 100 Stat. 1783–287, and Pub. L. 99–591, § 101(i) [H.R. 5233, title II, § 203], Oct. 30, 1986, 100 Stat. 3341–287. Pub. L. 99–178, title II, § 203, Dec. 12, 1985, 99 Stat. 1118. Pub. L. 98–619, title II, § 203, Nov. 8, 1984, 98 Stat. 3320. Pub. L. 98–139, title II, § 203, Oct. 31, 1983, 97 Stat. 887. Pub. L. 97–377, title I, § 101(e)(1) [title II, § 203], Dec. 21, 1982, 96 Stat. 1878, 1893. CREDITING OF PAYMENTS FOR ROOM AND BOARD TO APPROPRIATION ACCOUNTS Pub. L. 102–394, title II, § 206, Oct. 6, 1992, 106 Stat. 1811, provided that: ‘‘Hereafter amounts received from employees of the Department in payment for room and board may be credited to the appropriation accounts which finance the activities of the Public Health Serv- ice.’’ Similar provisions were contained in the following prior appropriation acts: Pub. L. 102–170, title II, § 206, Nov. 26, 1991, 105 Stat. 1126. Pub. L. 101–517, title II, § 206, Nov. 5, 1990, 104 Stat. 2209. Pub. L. 101–166, title II, § 207, Nov. 21, 1989, 103 Stat. 1177. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by Page 119 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 238h section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 238g. Wearing of uniforms Except as may be authorized by regulations of the President, the insignia and uniform of com- missioned officers of the Service, or any distinc- tive part of such insignia or uniform, or any in- signia or uniform any part of which is similar to a distinctive part thereof, shall not be worn, after the promulgation of such regulations, by any person other than a commissioned officer of the Service. (July 1, 1944, ch. 373, title II, § 238, formerly title V, § 510, 58 Stat. 711; June 25, 1948, ch. 645, § 5, 62 Stat. 859; renumbered title XXI, § 2110, Pub. L. 98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renum- bered title XXIII, § 2310, Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, § 2508, Pub. L. 100–607, title II, § 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, § 2608, Pub. L. 100–690, title II, § 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, § 2708, Pub. L. 101–381, title I, § 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renum- bered title II, § 238, Pub. L. 103–43, title XX, § 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.) Editorial Notes CODIFICATION Section was formerly classified to section 300aaa–7 of this title prior to renumbering by Pub. L. 103–43, to sec- tion 300cc–9 of this title prior to renumbering by Pub. L. 100–607, to section 300aa–9 of this title prior to re- numbering by Pub. L. 99–660, and to section 228 of this title prior to renumbering by Pub. L. 98–24. AMENDMENTS 1948—Act June 25, 1948, struck out penal provisions. See section 702 of Title 18, Crimes and Criminal Proce- dure. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted for ‘‘Secretary of Health, Education, and Wel- fare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education. EFFECTIVE DATE OF 1948 AMENDMENT Amendment effective Sept. 1, 1948, see section 20 of act June 25, 1948. Executive Documents TRANSFER OF FUNCTIONS Functions of Public Health Service, Surgeon General of Public Health Service, and all other officers and em- ployees of Public Health Service, and functions of all agencies of or in Public Health Service transferred to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note under section 202 of this title. DELEGATION OF FUNCTIONS Functions of President delegated to Secretary of Health and Human Services, see Ex. Ord. No. 11140, Jan. 30, 1964, 29 F.R. 1637, as amended, set out as a note under section 202 of this title. § 238h. Biennial report The Surgeon General shall transmit to the Secretary, for submission to the Congress, on January 1, 1995, and on January 1, every 2 years thereafter, a full report of the administration of the functions of the Service under this chapter, including a detailed statement of receipts and disbursements. (July 1, 1944, ch. 373, title II, § 239, formerly title V, § 511, 58 Stat. 711; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; re- numbered title XXI, § 2111, Pub. L. 98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renumbered title XXIII, § 2311, Pub. L. 99–660, title III, § 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, § 2509, Pub. L. 100–607, title II, § 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered title XXVI, § 2609, Pub. L. 100–690, title II, § 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, § 2709, Pub. L. 101–381, title I, § 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renumbered title II, § 239, Pub. L. 103–43, title XX, § 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213; Pub. L. 104–66, title I, § 1062(a), Dec. 21, 1995, 109 Stat. 720.) Editorial Notes CODIFICATION Section was formerly classified to section 300aaa–8 of this title prior to renumbering by Pub. L. 103–43, to sec- tion 300cc–10 of this title prior to renumbering by Pub. L. 100–607, to section 300aa–10 of this title prior to re- numbering by Pub. L. 99–660, and to section 229 of this title prior to renumbering by Pub. L. 98–24. AMENDMENTS 1995—Pub. L. 104–66 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘The Surgeon General shall transmit to the Sec- retary, for submission to the Congress at the beginning of each regular session, a full report of the administra- tion of the functions of the Service under this chapter, including a detailed statement of receipts and disburse- ments.’’ Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. TERMINATION OF REPORTING REQUIREMENTS For termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which item 3 on page 101 identifies a reporting provision which, as subsequently amended, is contained in this section), see section 3003 of Pub. L. 104–66, as amended, and section 1(a)(4) [div. A, § 1402(1)] of Pub. L. 106–554, set out as notes under section 1113 of Title 31, Money and Finance. AGENCY REPORTING REQUIREMENTS; REPORT BY SEC- RETARY OF HEALTH, EDUCATION, AND WELFARE TO CONGRESSIONAL COMMITTEES RELATING TO REQUIRE- MENTS, TERMINATION, ETC. Pub. L. 93–641, § 7, Jan. 4, 1975, 88 Stat. 2275, provided that by Jan. 4, 1976, the Secretary of Health, Education, and Welfare report to specific committees of the Senate and the House of Representatives on the identity, due date, etc., of certain reports required under the Public