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From the U.S. House of Representatives Downloadable U.S. Code
[uscode.house.gov]
[Laws in effect as of January 5, 1999]

[CITE: 42USC238]

 
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238. Gifts for benefit of Service
 
-STATUTE-
    (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.
 
-SOURCE-
    (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, Sec. 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.)
 
-COD-
                                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.
 
-MISC3-
                                 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.
 
-TRANS-
                           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-
                              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.
 
-SECREF-
                   SECTION REFERRED TO IN OTHER SECTIONS
      This section is referred to in sections 284a, 285q-2, 286, 287a,
    289f of this title.


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