Title 42, The Public Health and WelfareRelease 119-102
§238k Contract Authority
Title 42 › CHAPTER 6A — PUBLIC HEALTH SERVICE › SUBCHAPTER I — ADMINISTRATION AND MISCELLANEOUS PROVISIONS › Part B — Miscellaneous Provisions › § 238k
Summary
The Secretary can only sign contracts under this chapter for a fiscal year if Congress has already approved the money in spending laws (appropriation Acts). If Congress hasn’t provided the funds in advance, the Secretary has no authority to make those contracts for that year.
Full Legal Text
Title 42, §238k
The Public Health and Welfare, Source: USLM XML via OLRC
The authority of the Secretary to enter into contracts under this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance by appropriation Acts.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 300aaa–11 of this title prior to renumbering by Pub. L. 103–43, to section 300cc–13 of this title prior to renumbering by Pub. L. 100–607, to section 300aa–13 of this title prior to renumbering by Pub. L. 99–660, and to section 229c of this title prior to renumbering by Pub. L. 98–24.
Statutory Notes and Related Subsidiaries
Obligations Related to Agreement With Private Entities Pub. L. 105–277, div. A, § 101(f) [title II], Oct. 21, 1998, 112 Stat. 2681–337, 2681–349, provided in part: “That hereinafter obligations may be incurred related to agreement with private entities without receipt of advance payment.”
Reference
Citations & Metadata
Citation
42 U.S.C. § 238k
Title 42, The Public Health and Welfare
Last Updated
Aug 21, 2026
Release point: 119-102