
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC238f]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
        SUBCHAPTER I--ADMINISTRATION AND MISCELLANEOUS PROVISIONS
 
                    Part B--Miscellaneous Provisions
 
Sec. 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 Government; books of reference, periodicals, and exhibits; 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 pursuing, 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, repairing, and cleaning such wearing apparel as may be 
prescribed by the Surgeon General for use by employees in the 
performance of their official duties; reimbursing officers and 
employees, 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 
Institutes of Health.

(July 1, 1944, ch. 373, title II, Sec. 237, formerly title V, Sec. 509, 
58 Stat. 711; June 16, 1948, ch. 481, Sec. 6(b), 62 Stat. 469; June 25, 
1948, ch. 654, Sec. 7, 62 Stat. 1018; 1953 Reorg. Plan No. 1, Secs. 5, 
8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; renumbered title XXI, 
Sec. 2109, Pub. L. 98-24, Sec. 2(a)(1), Apr. 26, 1983, 97 Stat. 176; 
renumbered title XXIII, Sec. 2309, Pub. L. 99-660, title III, 
Sec. 311(a), Nov. 14, 1986, 100 Stat. 3755; renumbered title XXV, 
Sec. 2507, Pub. L. 100-607, title II, Sec. 201(1), (3), Nov. 4, 1988, 
102 Stat. 3062, 3063; renumbered title XXVI, Sec. 2607, Pub. L. 100-690, 
title II, Sec. 2620(a), Nov. 18, 1988, 102 Stat. 4244; renumbered title 
XXVII, Sec. 2707, Pub. L. 101-381, title I, Sec. 101(1), (2), Aug. 18, 
1990, 104 Stat. 576; renumbered title II, Sec. 237, 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-6 of this title 
prior to renumbering by Pub. L. 103-43, to section 300cc-8 of this title 
prior to renumbering by Pub. L. 100-607, to section 300aa-8 of this 
title prior to renumbering 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 appropriations to carry out the research functions of the 
Service.
    Act June 16, 1948, substituted ``National Institutes of Health'' for 
``National Institute of 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.


                         Buy American Provisions

    Section 2004 of Pub. L. 103-43, as amended by Pub. L. 105-392, title 
IV, Sec. 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 authorized 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 entities receiving such assistance 
should, in expending the assistance, purchase only American-made 
equipment and products.
    ``(b) Notice to Recipients of Assistance.--In providing 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, Sec. 416(c), Nov. 13, 1998, 112 Stat. 
3591, provided that: ``This section [amending section 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, Sec. 202, Oct. 6, 1992, 106 Stat. 1810, 
provided that: ``Appropriations in this or any other Act or subsequent 
Departments of Labor, Health and Human Services, and Education, and 
Related Agencies Appropriations Acts shall be available for expenses for 
active commissioned officers in the Public Health Service Reserve Corps 
and for not to exceed 2,800 commissioned officers in the Regular Corps; 
expenses incident to the dissemination of health information in foreign 
countries through exhibits and other appropriate means; advances of 
funds for compensation, travel, and subsistence expenses (or per diem in 
lieu thereof) for persons coming from abroad to participate in health or 
scientific activities of the Department pursuant to law; expenses of 
primary and secondary schooling of dependents in foreign 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 dependents, between such schools and their places 
of residence when the schools are not accessible to such dependents by 
regular means of transportation; expenses for medical care for civilian 
and commissioned employees of the Public Health Service and their 
dependents assigned 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 
quarters, and advance payments therefor, for civilian officers 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 individual 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 established 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.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 102-170, title II, Sec. 202, Nov. 26, 1991, 105 Stat. 1126.
    Pub. L. 101-517, title II, Sec. 202, Nov. 5, 1990, 104 Stat. 2208.
    Pub. L. 101-166, title II, Sec. 203, Nov. 21, 1989, 103 Stat. 1176.
    Pub. L. 100-202, Sec. 101(h) [title II, Sec. 203], Dec. 22, 1987, 
101 Stat. 1329-256, 1329-273.
    Pub. L. 99-500, Sec. 101(i) [H.R. 5233, title II, Sec. 203], Oct. 
18, 1986, 100 Stat. 1783-287, and Pub. L. 99-591, Sec. 101(i) [H.R. 
5233, title II, Sec. 203], Oct. 30, 1986, 100 Stat. 3341-287.
    Pub. L. 99-178, title II, Sec. 203, Dec. 12, 1985, 99 Stat. 1118.
    Pub. L. 98-619, title II, Sec. 203, Nov. 8, 1984, 98 Stat. 3320.
    Pub. L. 98-139, title II, Sec. 203, Oct. 31, 1983, 97 Stat. 887.
    Pub. L. 97-377, title I, Sec. 101(e)(1) [title II, Sec. 203], Dec. 
21, 1982, 96 Stat. 1878, 1893.


   Crediting of Payments for Room and Board to Appropriation Accounts

    Pub. L. 102-394, title II, Sec. 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 
Service.''
    Similar provisions were contained in the following prior 
appropriation acts:
    Pub. L. 102-170, title II, Sec. 206, Nov. 26, 1991, 105 Stat. 1126.
    Pub. L. 101-517, title II, Sec. 206, Nov. 5, 1990, 104 Stat. 2209.
    Pub. L. 101-166, title II, Sec. 207, Nov. 21, 1989, 103 Stat. 1177.
