§ 4005. — Medical relief; expenses.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 18USC4005]
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
PART III--PRISONS AND PRISONERS
CHAPTER 301--GENERAL PROVISIONS
Sec. 4005. Medical relief; expenses
(a) Upon request of the Attorney General and to the extent
consistent with the Assisted Suicide Funding Restriction Act of 1997,
the Federal Security Administrator shall detail regular and reserve
commissioned officers of the Public Health Service, pharmacists, acting
assistant surgeons, and other employees of the Public Health Service to
the Department of Justice for the purpose of supervising and furnishing
medical, psychiatric, and other technical and scientific services to the
Federal penal and correctional institutions.
(b) The compensation, allowances, and expenses of the personnel
detailed under this section may be paid from applicable appropriations
of the Public Health Service in accordance with the law and regulations
governing the personnel of the Public Health Service, such
appropriations to be reimbursed from applicable appropriations of the
Department of Justice; or the Attorney General may make allotments of
funds and transfer of credit to the Public Health Service in such
amounts as are available and necessary, for payment of compensation,
allowances, and expenses of personnel so detailed, in accordance with
the law and regulations governing the personnel of the Public Health
Service.
(June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 105-12, Sec. 9(k), Apr.
30, 1997, 111 Stat. 28.)
Historical and Revision Notes
Based on title 18, U.S.C., 1940 ed., Secs. 751, 752 (May 13, 1930,
ch. 256, Secs. 1, 2, 46 Stat. 273; Reorg. Plan No. I, Secs. 201, 205, 4
F.R. 2728, 2729, 53 Stat. 1424, 1425).
Section consolidates sections 751 and 752 of title 18, U.S.C., 1940
ed., as subsections (a) and (b), respectively.
``Federal Security Administrator'' was substituted for ``Federal
Security Agency.''
Functions of the Secretary of the Treasury were transferred to the
Federal Security Administrator by Reorg. Plan No. I, Sec. 205, 4 F.R.
2729, 53 Stat. 1425. (See note under section 133t of title 5, U.S.C.,
1940 ed., Executive Departments and Government Officers and Employees.)
The first part of said section 751, which read ``Authorized medical
relief under the Department of Justice in Federal penal and correctional
institutions shall be supervised and furnished by personnel of the
Public Health Service, and'' was omitted as surplusage, considering the
remainder of the text.
Minor changes of phraseology were made.
References in Text
The Assisted Suicide Funding Restriction Act of 1997, referred to in
subsec. (a), is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23, which is
classified principally to chapter 138 (Sec. 14401 et seq.) of Title 42,
The Public Health and Welfare. For complete classification of this Act
to the Code, see Short Title note set out under section 14401 of Title
42 and Tables.
Amendments
1997--Subsec. (a). Pub. L. 105-12 inserted ``and to the extent
consistent with the Assisted Suicide Funding Restriction Act of 1997''
after ``Upon request of the Attorney General''.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-12 effective Apr. 30, 1997, and applicable
to Federal payments made pursuant to obligations incurred after Apr. 30,
1997, for items and services provided on or after such date, subject to
also being applicable with respect to contracts entered into, renewed,
or extended after Apr. 30, 1997, as well as contracts entered into
before Apr. 30, 1997, to the extent permitted under such contracts, see
section 11 of Pub. L. 105-12, set out as an Effective Date note under
section 14401 of Title 42, The Public Health and Welfare.
Transfer of Functions
Functions of Federal Security Administrator transferred to Secretary
of Health, Education, and Welfare, and office of Federal Security
Administrator abolished by sections 5 and 8 of Reorg. Plan No. 1 of
1953, as amended, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set
out in the Appendix to Title 5, Government Organization and Employees.
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 in the
Appendix to Title 5.
Secretary of Health, Education, and Welfare redesignated Secretary
of Health and Human Services by Pub. L. 96-88, title V, Sec. 509(b),
Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of
Title 20, Education.
Section Referred to in Other Sections
This section is referred to in title 42 sections 250, 14402, 14405.
