42 U.S.C. § 238d — Availability of appropriations for grants

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’’. 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.