
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC238]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                    Part B--Miscellaneous Provisions
 
Sec. 238. Gifts for benefit of Service


(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.

(July 1, 1944, ch. 373, title II, Sec. 231, formerly title V, Sec. 501, 
58 Stat. 709; July 3, 1946, ch. 538, Sec. 10, 60 Stat. 425; June 16, 
1948, ch. 481, Sec. 6(b), 62 Stat. 469; 1953 Reorg. Plan No. 1, Secs. 5, 
8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Pub. L. 90-574, title 
V, Sec. 503(b), Oct. 15, 1968, 82 Stat. 1012; Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; renumbered title XXI, 
Sec. 2101, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; 
renumbered title XXIII, Sec. 2301, Pub. L. 99-660, title III, 
Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, 
Sec. 2501, Pub. L. 100-607, title II, Sec. 201(1), (2), Nov. 4, 1988, 
102 Stat. 3062; renumbered title XXVI, Sec. 2601, Pub. L. 100-690, title 
II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title XXVII, 
Sec. 2701, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 1990, 
104 Stat. 576; renumbered title II, Sec. 231, Pub. L. 103-43, title XX, 
Sec. 2010(a)(1)-(3), June 10, 1993, 107 Stat. 213.)

                          Codification

    Section was formerly classified to section 300aaa of this title 
prior to renumbering by Pub. L. 103-43, to section 300cc of this title 
prior to renumbering by Pub. L. 100-607, to section 300aa of this title 
prior to renumbering by Pub. L. 99-660, and to section 219 of this title 
prior to renumbering by Pub. L. 98-24.


                               Amendments

    1968--Subsec. (e). Pub. L. 90-574 struck out subsec. (e) which 
provided for acknowledgment of donations of $50,000 or more in aid of 
research by the establishment of suitable memorials within the National 
Institutes of Health and the National Institute of Mental Health.
    1948--Subsec. (e). Act June 16, 1948, substituted ``National 
Institutes of Health'' for ``National Institute of Health''.
    1946--Subsec. (e). Act July 3, 1946, inserted reference to National 
Institute of Mental Health.

                          Transfer of Functions

    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees 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. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.
    Functions of Federal Security Administrator transferred 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 Agency and office of Administrator 
abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and 
Department of Health, Education, and Welfare redesignated Secretary and 
Department of Health and Human Services by section 509(b) of Pub. L. 96-
88 which is classified to section 3508(b) of Title 20.


                            Cross References

    National Institutes of Health gift fund and conditional gift fund to 
be classified on books of Treasury as trust funds, see section 1321 of 
Title 31, Money and Finance.

                  Section Referred to in Other Sections

    This section is referred to in sections 284a, 285q-2, 286, 287a, 
289f of this title.
