Title 42The Public Health and WelfareRelease 119-73

§2004 Transfer of personnel, property, records, monies

Title 42 › Chapter CHAPTER 22— - INDIAN HOSPITALS AND HEALTH FACILITIES › Subchapter SUBCHAPTER I— - MAINTENANCE AND OPERATION › § 2004

Last updated Apr 6, 2026|Official source

Summary

The Director of the Office of Management and Budget must transfer to the Public Health Service any people, property, records, and remaining appropriations or funds that the Director decides mainly belong with the functions being moved to the Department of Health and Human Services. Those items go to the Public Health Service so it can carry out the transferred duties. If the agency getting the transfers finds it has more employees than it needs to do that work, the extra employees must be moved to other federal jobs under the current rules or be separated from federal service.

Full Legal Text

Title 42, §2004

The Public Health and Welfare — Source: USLM XML via OLRC

The personnel, property, records, and unexpended balances of appropriations, allocations, and other funds (available or to be made available), which the Director of the Office of Management and Budget shall determine to relate primarily to the functions transferred to the Public Health Service of the Department of Health and Human Services hereunder, are transferred for use in the administration of the functions so transferred. Any of the personnel transferred pursuant to this subchapter which the transferee agency shall find to be in excess of the personnel necessary for the administration of the functions transferred to such agency shall be retransferred under existing law to other positions in the Government or separated from the service.

Legislative History

Notes & Related Subsidiaries

Statutory Notes and Related Subsidiaries

Change of Name

“Department of Health and Human Services” substituted in text for “Department of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date

Section effective July 1, 1959, see section 6 of act Aug. 5, 1954, set out as a note under section 2001 of this title.

Executive Documents

Transfer of Functions

Functions vested by law (including reorganization plan) in Bureau of the Budget or Director of Bureau of the Budget transferred to President of the United States by section 101 of Reorg. Plan No. 2 of 1970, eff.
July 1, 1970, 35 F.R. 7959, 84 Stat. 2085, set out in the Appendix to Title 5, Government Organization and Employees. section 102 of Reorg. Plan No. 2 of 1970, redesignated Bureau of the Budget as Office of Management and Budget. 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.

Reference

Citations & Metadata

Citation

42 U.S.C. § 2004

Title 42The Public Health and Welfare

Last Updated

Apr 6, 2026

Release point: 119-73