§238 Gifts for benefit of Service

Summary

The Secretary of Health and Human Services can accept gifts for the benefit of the Service. Unconditional gifts (money or property) can be accepted. Conditional gifts can be accepted only if the Surgeon General recommends them. No gift that requires spending money outside the gift or its income can be accepted unless Congress approves it by law. Money and money made by selling gift property or insurance payments (not used to fix the property) must be put into the U.S. Treasury and held in trust by the Treasury Secretary. The Treasury Secretary may invest those funds in U.S. government interest-bearing or guaranteed obligations. The money and any investment income can be used to run the Service and will be audited like regular congressional appropriations. Intangible gifts (non-cash items) are deposited with the Treasury Secretary who may hold or sell them, especially if needed to pay Service expenses. Real property (land/buildings) and tangible property (physical items) are kept by the HHS Secretary for Service use, may be leased or insured, may have their income used for maintenance or insurance, and may be sold when not needed, with proceeds going to the Treasury.