WHAT THE LAW DOINCongress, in plain words

The law › Title 42, The Public Health and Welfare › Chapter 6A

42 U.S.C. 233: Civil actions or proceedings against commissioned officers or employees

Created in 1970 by Public Law 91-623. Changed by 13 later laws. No bill we track in this Congress changes it.

5 other sections of the Code cite this one, including 25 U.S.C. 5321, 42 U.S.C. 238q, 42 U.S.C. 239, 42 U.S.C. 254h–1, 42 U.S.C. 300hh–11.

2 parts of federal rules cite it as their authority, written by Department of Justice (1), Public Health Service, Department of Health and Human Services (1).

This Congress

No bill we track in the 119th Congress changes this section.

    How it got here

    2022

    • Pub. L. 117–180, §301(b)(1), substituted "this section)." for "this section." (Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023) Law text · (g)
    • Pub. L. 117–180, §301(b)(2), inserted "governing board members," after "officers,". (Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023) Law text · (k)
    • Pub. L. 117–180, §301(b)(3), realigned margin. (Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023) Law text · (p)
    • Pub. L. 117–180, §301(b)(4), struck out "and paragraph (6)" after "subparagraph (B)". (Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023) Law text · (q)
    • Pub. L. 117–180, §301(a), struck out par. (6) which read as follows: "Beginning on October 1, 2022, this subsection shall cease to have any force or effect." (Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023) Law text · (q)

    2016

    • Pub. L. 114–255 added subsec. (q). (21st Century Cures Act) Law text · (q)

    2010

    • Pub. L. 111–148 inserted ", or an officer, governing board member, employee, or contractor of a free clinic shall in providing services for the free clinic," after "to an individual". (Patient Protection and Affordable Care Act) Law text · (o)

    2003

    • Pub. L. 108–163 substituted "254b" for "254c, 254b(h)" before ", or". (Health Care Safety Net Amendments Technical Corrections Act of 2003) Law text · (g)
    • Pub. L. 108–163 substituted "254b" for "254c, 254b(h)" before "and". (Health Care Safety Net Amendments Technical Corrections Act of 2003) Law text · (k)
    • Pub. L. 108–163 substituted "254b" for "254c, 254b(h)" before ", or". (Health Care Safety Net Amendments Technical Corrections Act of 2003) Law text · (n)
    • Pub. L. 108–20, §3(i), substituted "paragraph (7)(A)" for "paragraph(8)(A)". Law text · (p)
    • Pub. L. 108–20, §3(a), substituted "has resided with, or has had contact with," for "resides or has resided with". Law text · (p)
    • Pub. L. 108–20, §3(b), added subpar. (D). Law text · (p)
    • Pub. L. 108–20, §3(c), amended heading and text of par. (3) generally. Prior to amendment, text read as follows: "The remedy provided by subsection (a) of this section shall be exclusive of any other civil action or proceeding for any claim or suit this subsection encompasses." Law text · (p)
    • Pub. L. 108–20, §3(d), substituted "Covered person" for "Defendant" in heading. Law text · (p)
    • Pub. L. 108–20, §3(e), amended subcl. (II) generally. Prior to amendment, subcl. (II) read as follows: "vaccinia immune globulin used to control or treat the adverse effects of vaccinia inoculation; and". Law text · (p)
    • Pub. L. 108–20, §3(f)(1), substituted "means a person" for "includes any person" in introductory provisions. Law text · (p)
    • Pub. L. 108–20, §3(f)(2), substituted "auspices—" for "auspices", designated "such countermeasure was administered;" as subcl. (I), and added subcls. (II) to (IV). Law text · (p)
    • Pub. L. 108–20, §3(f)(3), (4), added cls. (iv) to (viii) and struck out former cl. (iv) which read as follows: "an official, agent, or employee of a person described in clause (i), (ii), or (iii)." Law text · (p)
    • Pub. L. 108–20, §3(g), substituted "individual who—" for "individual who", designated "is authorized to administer such countermeasure under the law of the State in which the countermeasure was administered." as cl. (i), substituted "; or" for period at end of cl. (i), and added … Law text · (p)
    • Pub. L. 108–20, §3(h), added subpar. (D). Law text · (p)

    2002

    • Pub. L. 107–251 substituted "254b(h)" for "256". (Health Care Safety Net Amendments of 2002) Law text · (g), (k), (n)
    • Pub. L. 107–296 added subsec. (p). (Homeland Security Act of 2002) Law text · (p)

    1996

    • Pub. L. 104–299 substituted "under section 254b of this title." for "under any of the following grant programs:" and struck out subpars. (A) to (D) which read as follows: (Health Centers Consolidation Act of 1996) Law text · (g)
    • Pub. L. 104–191 added subsec. (o). (Health Insurance Portability and Accountability Act of 1996) Law text · (o)

    1995

    • Pub. L. 104–73, §§3(1), 4, 5(a), designated existing provisions as subpar. (A), inserted "and subject to the approval by the Secretary of an application under subparagraph (D)" after "For purposes of this section", substituted "an entity described in paragraph (4), and any officer, … Law text · (g)
    • Pub. L. 104–73, §2(a), struck out at end "This subsection shall not apply with respect to a cause of action arising from an act or omission which occurs on or after January 1, 1996." Law text · (g)
    • Pub. L. 104–73, §8, amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "in the case of an individual who normally performs on average less than 32½ hours of services per week for the entity for the period of the contract and is a licensed or certified… Law text · (g)
    • Pub. L. 104–73, §5(b)(1), in introductory provisions substituted "The Secretary may not approve an application under subsection (g)(1)(D) unless the Secretary determines that the entity—" for "Notwithstanding subsection (g)(1) of this section, the Secretary, in consultation with the At… Law text · (h)
    • Pub. L. 104–73, §5(b)(2), substituted "will fully cooperate" for "has fully cooperated". Law text · (h)
    • Pub. L. 104–73, §9, substituted "may on the record determine, after notice and opportunity for a full and fair hearing" for "may determine, after notice and opportunity for a hearing". Law text · (i)
    • Pub. L. 104–73, §2(b)(1), substituted "For each fiscal year" for "For each of the fiscal years 1993, 1994, and 1995" and struck out "(except that an estimate shall be made for fiscal year 1993 by December 31, 1992, subject to an adjustment within 90 days thereafter)" after "begin… Law text · (k)
    • Pub. L. 104–73, §§2(b)(2), 10, substituted "for each fiscal year" for "for each of the fiscal years 1993, 1994, and 1995" and "$10,000,000" for "$30,000,000". Law text · (k)
    • Pub. L. 104–73, §3(2), which directed amendment of subsec. (k)(3) by inserting "governing board member," after "officer,", could not be executed because "officer," did not appear. Law text · (k)
    • Pub. L. 104–73, §6, added subsec. (l). Law text · (l)
    • Pub. L. 104–73, §7, added subsec. (m). Law text · (m)
    • Pub. L. 104–73, §11, added subsec. (n). Law text · (n)

    1993

    • Pub. L. 103–183 inserted at end "Appropriations for purposes of this paragraph shall be made separate from appropriations made for purposes of sections 254b, 254c, 256 and 256a of this title." · (k)

    1992

    • Pub. L. 102–501 added subsecs. (g) to (k). · (g), (h), (i), (j), (k)

    Text, outline and history from the official U.S. Code (2024 edition) on GovInfo, published by the Office of the Law Revision Counsel. Changes made after that edition appear under This Congress.