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42 U.S.C. § 238c — Transportation of remains of officers
Federal law — U.S. Code and appendices · legal_authorities
Page 116
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 238c
Editorial Notes
CODIFICATION
Section was formerly classified to section 300aaa–2 of
this title prior to renumbering by Pub. L. 103–43, to sec-
tion 300cc–2 of this title prior to renumbering by Pub.
L. 100–607, to section 300aa–2 of this title prior to re-
numbering by Pub. L. 99–660, and to section 221 of this
title prior to renumbering by Pub. L. 98–24.
§ 238c. Transportation of remains of officers
Appropriations available for traveling ex-
penses of the Service shall be available for meet-
ing the cost of preparation for burial and of
transportation to the place of burial of remains
of commissioned officers, and of personnel speci-
fied in regulations, who die in line of duty. Ap-
propriations available for carrying out the pro-
visions of this chapter shall also be available for
the payment of such expenses relating to the re-
covery, care and disposition of the remains of
personnel or their dependents as may be author-
ized under other provisions of law.
(July 1, 1944, ch. 373, title II, § 234, formerly title
V, § 506, 58 Stat. 710; July 15, 1954, ch. 507, § 14(b),
68 Stat. 481; renumbered title XXI, § 2106, Pub. L.
98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renum-
bered title XXIII, § 2306, Pub. L. 99–660, title III,
§ 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered
title XXV, § 2504, Pub. L. 100–607, title II, § 201(1),
(3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered
title XXVI, § 2604, Pub. L. 100–690, title II,
§ 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered
title XXVII, § 2704, Pub. L. 101–381, title I,
§ 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renum-
bered title II, § 234, Pub. L. 103–43, title XX,
§ 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.)
Editorial Notes
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Page 116
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 238c
Editorial Notes
CODIFICATION
Section was formerly classified to section 300aaa–2 of
this title prior to renumbering by Pub. L. 103–43, to sec-
tion 300cc–2 of this title prior to renumbering by Pub.
L. 100–607, to section 300aa–2 of this title prior to re-
numbering by Pub. L. 99–660, and to section 221 of this
title prior to renumbering by Pub. L. 98–24.
§ 238c. Transportation of remains of officers
Appropriations available for traveling ex-
penses of the Service shall be available for meet-
ing the cost of preparation for burial and of
transportation to the place of burial of remains
of commissioned officers, and of personnel speci-
fied in regulations, who die in line of duty. Ap-
propriations available for carrying out the pro-
visions of this chapter shall also be available for
the payment of such expenses relating to the re-
covery, care and disposition of the remains of
personnel or their dependents as may be author-
ized under other provisions of law.
(July 1, 1944, ch. 373, title II, § 234, formerly title
V, § 506, 58 Stat. 710; July 15, 1954, ch. 507, § 14(b),
68 Stat. 481; renumbered title XXI, § 2106, Pub. L.
98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176; renum-
bered title XXIII, § 2306, Pub. L. 99–660, title III,
§ 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered
title XXV, § 2504, Pub. L. 100–607, title II, § 201(1),
(3), Nov. 4, 1988, 102 Stat. 3062, 3063; renumbered
title XXVI, § 2604, Pub. L. 100–690, title II,
§ 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered
title XXVII, § 2704, Pub. L. 101–381, title I,
§ 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renum-
bered title II, § 234, 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–3 of
this title prior to renumbering by Pub. L. 103–43, to sec-
tion 300cc–5 of this title prior to renumbering by Pub.
L. 100–607, to section 300aa–5 of this title prior to re-
numbering by Pub. L. 99–660, and to section 224 of this
title prior to renumbering by Pub. L. 98–24.
AMENDMENTS
1954—Act July 15, 1954, inserted sentence at end relat-
ing to availability of appropriations for paying ex-
penses relating to recovery, care, and disposition of the
remains of personnel or their dependents.
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.
DISPOSITION OF REMAINS OF DECEASED PERSONNEL
Recovery, care and disposition of the remains of de-
ceased members of the uniformed services and other de-
ceased personnel, see section 1481 et seq. of Title 10,
Armed Forces.
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.
§ 238d. Availability of appropriations for grants
to Federal institutions
Appropriations to the Public Health Service
available under this chapter for research, train-
ing, or demonstration project grants or for
grants to expand existing treatment and re-
search programs and facilities for alcoholism,
narcotic addiction, drug abuse, and drug depend-
ence and appropriations under title VI of the
Mental Health Systems Act [42 U.S.C. 9511 et
seq.] shall also be available on the same terms
and conditions as apply to non-Federal institu-
tions, for grants for the same purpose to Federal
institutions, except that grants to Federal insti-
tutions may be funded at 100 per centum of the
costs.
(July 1, 1944, ch. 373, title II, § 235, formerly title
V, § 507, as added Pub. L. 90–31, § 5, June 24, 1967,
81 Stat. 79; amended Pub. L. 91–513, title I, § 3(c),
Oct. 27, 1970, 84 Stat. 1241; Pub. L. 94–278, title
XI, § 1102(b), Apr. 22, 1976, 90 Stat. 415; Pub. L.
96–398, title VIII, § 804(b), Oct. 7, 1980, 94 Stat.
1608; Pub. L. 97–35, title IX, § 902(g)(2), Aug. 13,
1981, 95 Stat. 560; renumbered title XXI, § 2107,
Pub. L. 98–24, § 2(a)(1), Apr. 26, 1983, 97 Stat. 176;
renumbered title XXIII, § 2307, Pub. L. 99–660,
title III, § 311(a), Nov. 14, 1986, 100 Stat. 3755; re-
numbered title XXV, § 2505, Pub. L. 100–607, title
II, § 201(1), (3), Nov. 4, 1988, 102 Stat. 3062, 3063; re-
numbered title XXVI, § 2605, Pub. L. 100–690, title
II, § 2620(a), Nov. 18, 1988, 102 Stat. 4244; renum-
bered title XXVII, § 2705, Pub. L. 101–381, title I,
§ 101(1), (2), Aug. 18, 1990, 104 Stat. 576; renum-
bered title II, § 235, Pub. L. 103–43, title XX,
§ 2010(a)(1)–(3), June 10, 1993, 107 Stat. 213.)
Editorial Notes
REFERENCES IN TEXT
The Mental Health Systems Act, referred to in text,
is Pub. L. 96–398, Oct. 7, 1980, 94 Stat. 1564. Title VI of
the Mental Health Systems Act is classified generally
to subchapter V (§ 9511 et seq.) of chapter 102 of this
title. For complete classification of this Act to the
Code, see Short Title note set out under section 9401 of
this title and Tables.
CODIFICATION
Section was formerly classified to section 300aaa–4 of
this title prior to renumbering by Pub. L. 103–43, to sec-
tion 300cc–6 of this title prior to renumbering by Pub.
L. 100–607, to section 300aa–6 of this title prior to re-
numbering by Pub. L. 99–660, and to section 225a of this
title prior to renumbering by Pub. L. 98–24.
AMENDMENTS
1981—Pub. L. 97–35 struck out provisions relating to
appropriations available under Community Mental
Health Centers Act for construction, etc.
1980—Pub. L. 96–398 struck out ‘‘and’’ after ‘‘drug de-
pendence,’’ and inserted reference to title VI of the
Mental Health Systems Act.
1976—Pub. L. 94–278 substituted ‘‘Federal institutions,
except that grants to’’ for ‘‘hospitals of the Service, of
the Veterans’ Administration, or of the Bureau of Pris-
ons of the Department of Justice, and to Saint Eliza-
beths Hospital, except grants to such’’.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
Money collected as provided by law for expenses incurred in the care and treatment of foreign seamen, and money received for the care and treatment of pay patients, including any amounts received from any executive department on account of care and treatment of pay patients, shall be covered into the appropriation from which the expenses of such care and treatment were paid.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 238c
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, Pub. L. 96–398, title V, § 502, Oct. 7, 1980, 94 Stat. 1601, related to grants for protection and advocacy programs.
#### Effective Date of Repeal
Repeal effective Oct. 1, 1981, see section 902(h) of Pub. L. 97–35, set out as an Effective Date of 1981 Amendment note under section 238l of this title.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 9511
Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 9511. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 7706
TITLE 42—THE PUBLIC HEALTH AND WELFARE
§ 9502
the right to confidentiality of or access to
records described in subparagraph (H) or (I) of
such paragraph, or to provide authorization as
described in paragraph (3)(C)(iii), such right
may be exercised or such authorization may
be provided by the individual appointed by
such court as such person’s guardian or rep-
resentative for the purpose of exercising such
right or such authorization.
(B) In the case of a person who lacks capac-
ity to exercise the right to consent to treat-
ment or experimentation under subparagraph
(D) or (E) of paragraph (1), or the right to con-
fidentiality of or access to records described in
subparagraph (H) or (I) of such paragraph, or
to provide authorization as described in para-
graph (3)(C)(iii), because such person has not
attained an age considered sufficiently ad-
vanced under State law to permit the exercise
of such right or such authorization to be le-
gally binding, such right may be exercised or
such authorization may be provided on behalf
of such person by a parent or legal guardian of
such person.
(C) Notwithstanding subparagraphs (A) and
(B), in the case of a person admitted to a pro-
gram or facility for the purpose of receiving
mental health services, no individual em-
ployed by or receiving any remuneration from
such program or facility should act as such
person’s guardian or representative.
(Pub. L. 96–398, title V, § 501, Oct. 7, 1980, 94 Stat.
1598.)
§ 9502.
Repealed.
Pub.
L.
97–35,
title
IX,
§ 902(e)(1), Aug. 13, 1981, 95 Stat. 560
Section, Pub. L. 96–398, title V, § 502, Oct. 7, 1980, 94
Stat. 1601, related to grants for protection and advo-
cacy programs.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal e
Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 9511
Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 9511. This identifies an authority to review, not proof of applicability.