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

[CITE: 42USC238f]

 
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
    CHAPTER 6A - PUBLIC HEALTH SERVICE
    SUBCHAPTER I - ADMINISTRATION AND MISCELLANEOUS PROVISIONS
    Part B - Miscellaneous Provisions
 
-HEAD-
    Sec. 238f. Availability of appropriations
 
-STATUTE-
      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.
 
-SOURCE-
    (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, Sec. 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.)
 
-COD-
                                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.
 
-MISC3-
                                 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''.
 
-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.
 
-MISC5-
                          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.