Title 18Crimes and Criminal ProcedureRelease 119-73

§4005 Medical relief; expenses

Title 18 › Part PART III— - PRISONS AND PRISONERS › Chapter CHAPTER 301— - GENERAL PROVISIONS › § 4005

Last updated Apr 6, 2026|Official source

Summary

When the Attorney General asks, and as long as it follows the Assisted Suicide Funding Restriction Act of 1997, the Federal Security Administrator must assign regular and reserve officers, pharmacists, acting assistant surgeons, and other Public Health Service employees to the Department of Justice. They go to supervise and provide medical, psychiatric, and other technical and scientific help in federal prisons and other correctional institutions. Their pay and costs can be paid from Public Health Service funds under PHS rules, and the Department of Justice must repay those amounts. Or the Attorney General can transfer money or credit to the Public Health Service to cover those costs, also following the laws and rules for PHS personnel.

Full Legal Text

Title 18, §4005

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(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Based on title 18, U.S.C., 1940 ed., §§ 751, 752 (May 13, 1930, ch. 256, §§ 1, 2, 46 Stat. 273; Reorg. Plan No. I, §§ 201, 205, 4 F.R. 2728, 2729, 53 Stat. 1424, 1425). Section consolidates section 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, § 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.

Editorial Notes

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 (§ 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”.

Statutory Notes and Related Subsidiaries

Change of Name

Secretary of Health, Education, and Welfare redesignated Secretary of Health and Human Services by Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695, which is classified to section 3508(b) of Title 20, Education.

Effective Date

of 1997 AmendmentAmendment 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.

Executive Documents

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare, and office of Federal Security Administrator abolished by section 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 (see

Change of Name

note above) 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.

Reference

Citations & Metadata

Citation

18 U.S.C. § 4005

Title 18Crimes and Criminal Procedure

Last Updated

Apr 6, 2026

Release point: 119-73