18 U.S.C. § 4005

Medical relief; expenses

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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.(June 25, 1948, ch. 645, 62 Stat. 848; Pub. L. 105–12, § 9(k), Apr. 30, 1997, 111 Stat. 28.)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 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, § 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 NotesReferences 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 SubsidiariesChange 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 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.

Executive DocumentsTransfer 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 (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.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1965–2024 · leading case: United States v. Comstock, 560 U.S. 126 (2010).

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United States v. Comstock, 560 U.S. 126 (2010). “, 18 U. S. C. §§4005–4006; §4042(a)(3), and can also ensure the safety of the prisoners, prison workers and visitors, and those in surrounding communities by, for example, creating further criminal laws governing entry, exit, and smuggling, and by employing prison guards to…”

Younger v. United States (In Re Younger), 165 B.R. 965 (S.D. Ga. 1994). “2d 251 (1976) (discussing government’s Eighth Amendment obligation “to provide medical care for those whom it is punishing by incarceration”); 18 U.S.C.A. §§ 4005 , 4006 (1985) (instructing furnishing and payment of medical care).”

United States v. Marshall E. Fitzgerald, A/K/A Charles E. Fleaming, United States of Am. v. Marshall E. Fleaming, A/K/A Charles Fitzgerald, 466 F.2d 377 (D.C. Cir. 1972). “See 18 U.S.C. §§ 4005 , 4042 (1970). See also Ramsey v.”

United States v. James Arnold Isaacs, 349 F.2d 361 (4th Cir. 1965). “18 U.S.C.A. § 4005 (1950). The plea having been understandingly made, it must stand since no valid reason for setting it aside has been shown.”

Daughtrey v. Richardson, 490 F.2d 867 (5th Cir. 1973). “18 U.S.C. §§ 4005 , 4042, 4081. Affirmed.”

Alito Cross v. Buschman (3rd Cir. 2024). “See §§ 4001(b)(2), 4042(a); see also 18 U.S.C. § 4005 (providing for funding and use of medical providers within federal prisons).”

United States v. Juarez, 540 F. Supp. 1288 (W.D. Tex. 1982). “); he is authorized to provide them with mental treatment at Springfield, or elsewhere, 18 U.S.C. § 4005 (1950); and he has the authority to contract with the proper authorities of the state for the subsistence and care of such persons, 18 U.”

Auth. of Bureau of Prisons Physicians to Perform Autopsies (OLC 1977). “§4001 or Public Health Service (PHS) doctors detailed under 18 U.S.C. §4005 . Second, it could limit the tort liability of Bureau personnel or other persons for any wrongful autopsy by restricting claimants to the Federal T ort Claims Act.”

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