Sidebilder
PDF
ePub

as the Fiscal Service by 1940 Reorg. Plan No. III, § 1 (a), eff. June 30, 1940, 5 F. R. 2107, 54 Stat. 1231.

DISSOLUTION OF HOME AND CONSOLIDATION IN VETERANS' ADMINISTRATION

Act July 3, 1930, ch. 863, § 1, 46 Stat. 1016, dissolved the National Home for Disabled Volunteer Soldiers and transferred its functions to the Veterans' Administration. See note under section 52 of this title.

CROSS REFERENCES

Pension money and personal funds of patients, Saint Elizabeths Hospital, to be held in Treasury as trust funds, see section 725s (a) (15, 16) of Title 31, Money and Finance.

§ 166. Deputy disbursing agent; appointment; bond; powers.

Authority is granted to appoint a deputy disbursing agent who shall give a bond satisfactory to the Secretary of Health, Education, and Welfare, and who shall have the same power as the disbursing agent during the absence of that officer. (June 5, 1920, ch. 235, § 1, 41 Stat. 920; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

Transfer of disbursement functions of most of Government agencies to Fiscal Service, see note under section 165 of this title.

§ 167. Adjustment of compensation of officers and employees.

The Secretary of Health, Education, and Welfare is authorized to adjust the compensation of officers and employees at Saint Elizabeths Hospital. (July 19, 1919, ch. 24, § 1, 41 Stat. 205; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

CROSS REFERENCES

Civil Service provisions as affecting adjusting of compensation of Government employees, see section 901 et seq. of Title 5, Executive Departments and Government Officers and Employees.

§ 168. Readjustment of salaries; credit to accounts of disbursing agent.

The General Accounting Office is authorized to credit the accounts of the special disbursing agent

of Saint Elizabeths Hospital with such amounts as he may pay in carrying out the provision of section 167 of this title relating to the readjustment of salaries at the hospital, and the schedule of salaries and allowances for maintenance, where the latter is not provided by the hospital, approved by the Secretary of the Interior August 1 and November 25, 1919, respectively, or as may be modified by the Secretary of Health, Education, and Welfare, notwithstanding the provisions of sections 55 and 74 of Title 5 or section 165 of this title. (Mar. 6, 1920, ch. 94, § 1, 41 Stat. 513; June 10, 1921, ch. 18, § 304, 42 Stat. 24; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

REFERENCES IN TEXT

Sections 55 and 74 of Title 5, referred to in the text, were omitted from the Code as superseded. See sections 55a and 836 of Title 5, Executive Departments and Government Officers and Employees.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

Transfer of disbursement functions of most of Government agencies to Fiscal Service, see note under section 165 of this title.

§ 168a. Payment by executive departments for care of patients for whom responsible.

Any executive department of the Federal Government (including any agency, independent establishment, or wholly owned instrumentality thereof, and including the District of Columbia) requiring Saint Elizabeths Hospital to care for patients for whom such department is responsible, shall, except to the extent that the expense of such care is authorized to be paid from appropriations to the hospital for the care of patients, pay by check to Saint Elizabeths Hospital, upon the Superintendent's request, either in advance or by way of reimbursement at the end of each calendar month or calendar quarter, such amounts as the Superintendent calculates to be due for such care on the basis of a per diem rate approved by the Bureau of the Budget. Bills rendered by the Superintendent on the basis of such calculations shall not be subject to audit or certification in advance of payment; but proper adjustment of amounts which have been paid in advance on the basis of such calculations shall be made monthly or quarterly, as may be agreed upon by the Superintendent of the hospital and the executive department concerned. (Aug. 4, 1947, ch. 478, § 2, 61 Stat. 751.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out as a note under section 623 of Title 5, Executive Departments and

Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of said 1953 Reorg. Plan No. 1.

§ 169. Disposition of money paid for care of patients. All sums paid to the Superintendent of Saint Elizabeths Hospital for the care of patients shall be deposited in the Treasury to the credit of the appropriation for the care of patients at the hospital for the year in which such care is provided. (Aug. 4, 1947, ch. 478, § 3, 61 Stat. 751.)

TRANSFER OF FUNCTIONS

All functions of the Federal Securiy Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out as note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of said 1953 Reorg. Plan No. 1.

Saint Elizabeths Hospitals in Department of Interior and its functions, transfer to Federal Security Agency to be administered under direction and supervision of Federal Security Administrator, see note under section 161 of this title.

Transfer of disbursement functions of most of Government agencies to Fiscal Service, see note under section 165 of this title.

SIMILAR PROVISIONS

Similar provisions were contained in the following acts: 1947-July 8, 1947, ch. 210, title II, § 201, 61 Stat. 272. 1946 July 26, 1946, ch. 672, title II, § 201, 60 Stat. 293. 1945-July 3, 1945, ch. 263, title II, 59 Stat. 372. 1944-June 28, 1944, ch. 302, title II, 58 Stat. 561. 1943-July 12, 1943, ch. 221, title II, 57 Stat. 509. 1942-July 2, 1942, ch. 475, title II, 56 Stat. 585. 1941-July 1, 1941, ch. 269, title II, 55 Stat. 493. 1940- June 18, 1940, ch. 395, § 1, 54 Stat. 460. 1939-May 10, 1939, ch. 119, § 1, 53 Stat. 737. 1938-May 9, 1938, ch. 187, § 1, 52 Stat. 341. 1937-Aug. 9, 1937, ch. 570, § 1, 50 Stat. 615. 1936 June 22, 1936, ch. 691, § 1, 49 Stat. 1802. 1935-May 9, 1935, ch. 101. § 1, 49 Stat. 215. 1934 Mar. 2, 1934, ch. 38, § 1, 48 Stat. 394. 1933-Feb. 17, 1933, ch. 98, § 1, 47 Stat. 856. 1932-Apr. 22, 1932, ch. 125, § 1, 47 Stat. 131. 1931-Feb. 14, 1931, ch. 187, § 1, 46 Stat. 1159. 1930-May 14, 1930, ch. 273, § 1, 46 Stat. 324. 1929

1928

Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1605. Mar. 7, 1928, ch. 137, § 1, 45 Stat. 242. 1927-Jan. 12, 1927, ch. 27, § 1, 44 Stat. 970. 1926-May 10, 1926, ch. 277, § 1, 44 Stat. 494. 1925 Mar. 3, 1925, ch. 462, 43 Stat. 1183. 1924-June 5, 1924, ch. 264, 43 Stat. 429.

§ 169a. Facilities for feeding employees and others; disposition of proceeds.

The Superintendent of Saint Elizabeths Hospital is authorized to operate and maintain at the hospital necessary facilities for feeding employees and others (at not less than cost, as determined by the Secretary of Health, Education, and Welfare), and the proceeds from such operation shall be deposited in the Treasury to the credit of the appropriation for the operation of Saint Elizabeths Hospital. (Aug. 4, 1947, ch. 478, § 4, 61 Stat. 751; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan

No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

§ 170. Disbursement of appropriations for insane.

All appropriations of money by Congress for the support of Saint Elizabeths Hospital shall be drawn from the Treasury on the requisition of the Secretary of Health, Education, and Welfare, and shall be disbursed and accounted for in all respects according to the laws regulating ordinary disbursements of public money. (R. S. § 4858; July 1, 1916, ch. 209, § 1, 39 Stat. 309; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

DERIVATION

Act Mar. 3, 1855, ch. 199, § 7, 10 Stat. 683.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

Transfer of disbursement functions of most of Government agencies to Fiscal Service, see note under section 165 of this title.

§ 171. Determining per capita cost of patients.

In determining the per capita cost of maintenance and treatment of patients in Saint Elizabeths Hospital the expenditures for repair of buildings, roadways, and walks shall be included. (Aug. 24, 1912, ch. 355, § 1, 37 Stat. 461; July 1, 1916, ch. 209, § 1, 39 Stat. 309.)

§ 172. Sale of surplus products and waste materials.

The surplus products and waste material of the hospital may be sold or exchanged for the benefit of the hospital, and proceeds to be used and accounted for the same as its other funds (Aug. 7, 1882, ch. 433, § 1, 22 Stat. 330.)

§§ 173, 174. Repealed. June 30, 1949, ch. 288, title VI, § 602 (a) (20), (21), 63 Stat. 400, eff. July 1, 1949, renumbered Sept. 5, 1950, ch. 849, §6 (a) (b), 64 Stat. 583.

Section 173, act Aug. 1, 1914, ch. 223, § 1, 38 Stat. 649, related to sale or exchange of typewriter machines and other equipment. See section 481 et seq. of Title 40, Public Buildings, Property and Works.

Section 174, act June 12, 1917, ch. 27, § 1, 40 Stat. 153, related to exchange of laundry machines and other equipment. See section 481 et seq. of Title 40, Public Buildings, Property and Works. § 175. Telephone system.

Rental for a system of telephones connecting the superintendent's, physicians', and employees' quarters at the hospital with other locations on the hospital grounds may be paid from the appropriations for the support of the hospital. (Apr. 17, 1917, ch. 3, § 1, 40 Stat. 19.)

§ 176. Disposition of articles made by patients.

The Secretary of Health, Education, and Welfare is authorized to make regulations governing the disposal of articles produced by patients of Saint Elizabeths Hospital in the course of their curative treatment, either by allowing the patient to retain same or by selling the articles and depositing the money received to the credit of the appropriation from which the materials for making the articles were purchased. (Mar. 6, 1920, ch. 94, § 1, 41 Stat. 513; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title. § 177. Disposition of moneys belonging to deceased inmates; claims thereto.

All moneys belonging to deceased inmates of Saint Elizabeths Hospital and deposited in the Treasury by the disbursing agent as agent, shall be covered into the Treasury unless claimed by his or her legal heirs within five years from the death of the inmate. And the Superintendent of Saint Elizabeths Hospital is authorized and directed, under such regulations as may be prescribed by the Secretary of Health, Education, and Welfare, to make diligent inquiry in every instance after the death of an inmate to ascertain the whereabouts of his or her legal heirs. Claims may be presented at any time, and when established by competent proof in any case more than five years after the death of an inmate shall be certified to Congress for consideration. (June 30, 1906, ch. 3914, § 1, 34 Stat. 730; Feb. 2, 1909, ch. 58, § 1, 35 Stat. 592; July 1, 1916, ch. 209, § 1, 39 Stat. 309; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title.

Transfer of disbursement functions of most of Government agencies to Fiscal Service, see note under section 165 of this title.

CROSS REFERENCES

Funds of inmates to be held in trust, see sections 725p and 725s of Title 31, Money and Finance.

§ 178. Repealed. Oct. 31, 1951, ch. 654, § 1 (46), 65 Stat. 703.

Section, act Oct. 6, 1917, ch. 79, § 1, 40 Stat. 373, related to revocable permit to hospital to use certain lands.

§ 179. Repealed. Aug. 7, 1946, ch. 770, § 1 (59), 60 Stat. 871.

Section, acts June 4, 1880, ch. 121, § 1, 21 Stat. 156; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to annual report of Superintendent to Congress.

Prior to this repeal, 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236, set out in note following section 133t of Title 5, Executive Departments and Government Officers and Employees, directed that the annual report required by this section be submitted through the Federal Security Administrator. § 180. American Red Cross buildings on hospital reservation.

The Secretary of Health, Education, and Welfare is authorized to permit the American Red Cross to construct or have constructed upon the Saint Elizabeths Hospital reservation in the District of Columbia such building or buildings as he may deem advisable to be used by the American Red Cross in cooperation with the superintendent of such hospital in providing recreational facilities and activities for the patients and personnel of such hospital. Any amounts appropriated and any other moneys made available for the operation and maintenance of the Saint Elizabeths Hospital may be used for the provision of necessary heat, light, water, telephone, and other facilities incidental to the work of the American Red Cross among the patients of the institution. (May 9, 1941, ch. 101. 55 Stat. 186; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

§ 181. Gifts; acceptance by Secretary of Health, Education, and Welfare.

The Secretary of Health, Education, and Welfare is authorized to accept on behalf of the United States gifts made unconditionally by will or otherwise for the improvement, maintenance, or operation of Saint Elizabeths Hospital in the District of Columbia. Conditional gifts may be so accepted if recommended by the Surgeon General of the Public Health Service, and the principal of and income from any such conditional gift shall be held, invested, reinvested, and used in accordance with its conditions, but no gift shall be accepted which is conditioned upon any expenditure not to be met therefrom or from the income thereof unless such expenditure has been approved by Act of Congress. (Nov. 7, 1941, ch. 469, § 1, 55 Stat. 760; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security

Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

§ 182. Same; money; deposit, investment, and expenditure of income.

Any unconditional gift of money accepted pursuant to the authority granted in section 181 of this title, the net proceeds from the liquidation (pursuant to section 183 or section 184 of this title) of any other property so accepted, and the proceeds of insurance on any such gift property not used for its restoration, shall be deposited in the Treasury of the United States and are appropriated and shall be held in trust by the Secretary of the Treasury for the benefit of Saint Elizabeths Hospital, and he may invest and reinvest such funds in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. The income from such investments shall be available for expenditure in the improvement, maintenance, or operation of Saint Elizabeths Hospital, subject to the same examination and audit as provided for appropriations made for Saint Elizabeths Hospital by Congress. (Nov. 7, 1941, ch. 469, § 2, 55 Stat. 760.)

§ 183. Same; intangible personalty; deposit, liquidation, and expenditure of income.

The evidences of any unconditional gift of intangible personal property, other than money, accepted pursuant to the authority granted in section 181 of this title shall be deposited with the Secretary of the Treasury and he, in his discretion, may hold them or may liquidate them whenever in his judgment the purposes of the gifts will be served thereby. The income from any such property held by the Secretary of the Treasury shall be available for expenditure as is provided in section 182 of this title. (Nov. 7, 1941, ch. 469, § 3, 55 Stat. 761.)

§ 184. Same; realty or tangible personalty; use, lease, liquidation, etc.

The Secretary of Health, Education, and Welfare shall hold any real property or any tangible personal property accepted unconditionally pursuant to the authority granted in section 181 of this title and he shall permit such property to be used for the improvement, maintenance, or operation of Saint Elizabeths Hospital or he may lease or hire such property, and may insure such property, and deposit the income thereof with the Secretary of the Treasury to be available for expenditure as provided in section 182 of this title: Provided, That the income from any such real property or tangible personal property shall be available for expenditure in the discretion of the Secretary of Health, Education, and Welfare for the maintenance, preservation, or repair and insurance of such property and that any proceeds from insurance may be used to restore the property insured. Any such property when not required for the improvement or operation of the Saint Elizabeths Hospital may be liquidated by the Secretary of Health, Education, and Welfare whenever in his judgment the purposes of the gifts will

be served thereby. (Nov. 7, 1941, ch. 469, § 4, 55 Stat. 761; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

§ 185. Appropriations, availability for various expenditures.

Appropriations for the care of persons in Saint Elizabeths Hospital shall be available for expenditure for furnishing, repairing, and cleaning such wearing apparel as may be prescribed by the superintendent of the hospital, for use by employees in the performance of their official duties; reimbursing employees, subject to regulations of the Secretary of Health, Education, and Welfare, for the cost of repairing or replacing their personal belongings damaged or destroyed by patients while such employees are engaged in the performance of their official duties; expenses incurred in pursuing, identifying, and returning patients who escape from the hospital or from the custody of any employee, including rewards for the capture of such patients; expenses incurred in ascertaining the residence of patients whose care is not, or whose care is no longer, authorized at the hospital, and in returning such patients to their places of residence; expenses incurred in the removal of patients to their friends; and repairs, replacements, and minor improvements to the buildings and grounds of the hospital. (Aug. 4, 1947, ch. 478, § 5, 61 Stat. 751; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

INMATES; BURDEN OF EXPENSES THEREOF; DETENTION OF INSANE

TEMPORARY ADMISSION TO OTHER HOSPITALS The Federal Security Administrator was authorized to admit, for the duration of the war and six months thereafter, insane persons (except those from the District of Columbia) to the Public Health Service Hospitals at Lexington, Kentucky, and Fort Worth, Texas, for care and treatment upon the same terms and conditions as such persons may be entitled to admission to St. Elizabeths Hospital, by Ex. Ord. No. 9079, Feb. 26, 1942, 7 F. R. 1609.

PAYMENT OF EXPENSES

Payment, either in advance or by reimbursement at the end of each month, for the care and treatment of certain insane persons in Public Health Service hospitals may be made to the appropriation for the operation and maintenance of the Public Health Service hospitals from the appropriation for the care and maintenance of patients

at Saint Elizabeths Hospital, to the extent deemed necessary and proper by the Federal Security Administrator under Ex. Ord. No. 9079, Feb. 26, 1942, 7 F. R. 1609, as amended by Ex. Ord. No. 9498, Nov. 11, 1944, 9 F. R. 13547.

§ 191. Admission; insane persons of Army, Navy, Air Force, Marine Corps, and Coast Guard. The superintendent, upon the order of the Secretary of the Army, of the Secretary of the Navy, of the Secretary of the Air Force, and of the Secretary of the Treasury, respectively, shall receive, and keep in custody until they are cured, or removed by the same authority which ordered their reception, insane persons of the following descriptions:

First. Insane persons belonging to the Army, Navy, Air Force, Marine Corps, and Coast Guard.

Second. Civilians employed in the Quartermaster Corps of the Army who may become insane while in such employment.

Third. Men who, while in the service of the United States, in the Army, Navy, Air Force, or Marine Corps, have been admitted to the hospital, and have been thereafter discharged from it on the supposition that they have recovered their reason, and have, within three years after such discharge, become again insane from causes existing at the time of such discharge, and have no adequate means of support.

Fourth. Indigent insane persons who have been in either of the said services and been discharged therefrom on account of disability arising from such insanity.

Fifth. Indigent insane persons who have become insane within three years after their discharge from such service, from causes which arose during and were produced by said service. (R. S. § 4843; Feb. 9, 1900, ch. 13, 31 Stat. 7; Aug. 24, 1912, ch. 391, § 3, 37 Stat. 591; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495.)

DERIVATION

Acts June 1, 1860, ch. 66, § 1, 12 Stat. 23; July 13, 1866, ch. 179, §§ 1, 2, 14 Stat. 93, 94.

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

References to the Air Force and Secretary of the Air Force were inserted on the authority of section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, which established a separate Department of the Air Force. Section 207 (a), (f) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 8011-8013 continued the military Department of the Air Force under the administrative supervision of a Secretary of the Air Force.

AMENDMENTS

1949-Act Aug. 4, 1949, reestablished the Coast Guard and repealed act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800, formerly credited to this section.

EFFECTIVE DATE OF 1949 Amendment Amendment of section by act Aug. 4, 1949, effective the first day of the third month after the month of approval, August 1949, see note set out preceding chapter 1 of Title 14, Coast Guard.

REPEALS

The fifth provision of this section is considered by the Judge Advocate General as repealed by former section 717 of Title 38, Pensions, Bonuses, and Veterans' Relief. JAG 705, January 24, 1934.

SECRETARY OF THE AIR FORCE

For transfer from the Secretary of the Army to the Secretary of the Air Force of certain functions relating to the Medical Department, United States Army, insofar as they pertain to the Air Force, see Secretary of Defense Transfer Order Nos. 36, May 12, 1949, and 40 [App. B(76) ], July 22, 1949.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

All functions of all officers of the Department of the Treasury, and all functions of all agencies and employees of such Department, were transferred, with certain exceptions, to the Secretary of the Treasury, with power vested in him to authorize their performance or the performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26, §§ 1, 2, eff. July 31, 1950, 15 F. R. 4935, 64 Stat. 1280, set out in note under section 241 of Title 5, Executive Departments and Government Officers and Employees. The Coast Guard, referred to in this section, is generally a service in the Treasury Department, but such Plan excepted, from the transfer, the functions of the Coast Guard, and of the Commandant thereof, when the Coast Guard is operating as a part of the Navy under sections 1 and 3 of Title 14, Coast Guard.

This section was affected by 1946 Reorg. Plan No. 3, § 201, eff. July 16, 1946, 11 F. R. 7876, 60 Stat. 1098, which provided:

"Section 201. Functions with respect to certain insane persons.

"(a) The functions of St. Elizabeths Hospital and the Superintendent thereof, and of the Federal Security Agency and the Federal Security Administrator, with respect to the care, treatment, and custody of insane persons, as provided in section 4843 of the Revised Statutes (24 U. S. C. 191) [this section], are hereby transferred or abolished as follows:

"(1) Functions with respect to insane persons belonging to the Army or falling, by reason of employment or service in the Army, within any of the categories enumerated in said section, are transferred to the Secretary of the Army and shall be performed by the Secretary or, subject to his direction and control, by such officers and agencles of the Department of the Army as he may designate. "(2) Functions with respect to insane persons belonging to the Navy or falling, by reason of prior service in the Navy, within any of the categories enumerated in said section, are transferred to the Secretary of the Navy and shall be performed by the Secretary or, subject to his direction and control, by such officers and agencies of the Department of the Navy as he may designate. (For the purposes of this subpar. (2), the Marine Corps but not the Coast Guard is included in the Navy.)

"(3) Functions with respect to insane persons belonging to the Coast Guard are abolished.

"(b) Nothing in subsection (a) of this section shall affect the functions and authority of St. Elizabeths Hospital, the Superintendent thereof, the Federal Security Agency, or the Federal Security Administrator, with respect to any person heretofore admitted to St. Elizabeths Hospital and a patient therein on the effective date of this plan under the provisions of section 4843 of the Revised Statutes, or the functions and authority of said officers and agencies or of the Public Health Service with respect to Coast Guard members as beneficiaries of the Public Health Service, as provided by section 504 of the Public Health Service Act (58 Stat. 710, 42 U. S. C. 222)."

« ForrigeFortsett »