CHAPTER 1—NAVY HOSPITALS, ARMY AND NAVY HOSPITAL, AND HOSPITAL RELIEF FOR SEAMEN AND OTHERS

        

§§1, 2. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 1, acts Mar. 3, 1875, ch. 156, §3, 18 Stat. 485; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309, defined seamen. See section 201 of Title 42, The Public Health and Welfare.

Section 2, R.S. §4801, provided for acceptance of gifts in aid of marine hospitals. See section 219 of Title 42.

Editorial Notes

Renumbering of Repealing Act

Title XIII, §1313, formerly title VI, §611, of act July 1, 1944, which repealed these sections, was renumbered title VII, §711, by act Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; §713, by act Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; title VIII, §813, by act July 30, 1956, ch. 779, §3(b), 70 Stat. 721; title IX, §913, by Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; title X, §1013, by Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; title XI, §1113, by Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; title XII, §1213, by Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; title XIII, §1313, by Pub. L. 93–154, §2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub. L. 93–222, §7(b), Dec. 29, 1973, 87 Stat. 936.

§§3 to 5. Repealed. June 15, 1943, ch. 125, §3, 57 Stat. 153, eff. July 1, 1943

Section 3, R.S. §§1614, 4808, related to deduction from pay of seamen for Navy hospital fund.

Section 4, R.S. §4809, related to fines on seamen appropriated for Navy hospitals.

Section 5, act June 7, 1900, ch. 859, 31 Stat. 697, related to forfeitures from desertion for naval hospital fund.

§6. Pension paid to fund for benefit of naval hospital

Whenever any officer, seaman, or marine entitled to a pension is admitted to a naval hospital, his pension, while he remains there, shall be deducted from his accounts and paid to the Secretary of the Navy for the benefit of the fund from which such hospital is maintained.

(R.S. §4813; May 4, 1898, ch. 234, 30 Stat. 377; Mar. 3, 1899, ch. 421, 30 Stat. 1027; June 30, 1914, ch. 130, 38 Stat. 398.)

Editorial Notes

Codification

R.S. §4813 derived from act Feb. 26, 1811, ch. 26, §5, 2 Stat. 650.

§6a. Disposition of amounts deducted from pensions

Pensions of inmates of a naval hospital, required by law prior to July 1, 1943, to be deducted from the account of the pensioner and applied for the benefit of the fund from which such home or ¹ hospital is maintained, shall be deposited into the Treasury of the United States as miscellaneous receipts.

(June 15, 1943, ch. 125, §3, 57 Stat. 153; Pub. L. 101–510, div. A, title XV, §1533(c)(2), Nov. 5, 1990, 104 Stat. 1736.)

Editorial Notes

Amendments

1990—Pub. L. 101–510 struck out "naval home or" before "naval hospital".

Statutory Notes and Related Subsidiaries

Effective Date of 1990 Amendment

Amendment by Pub. L. 101–510 effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, formerly set out as an Effective Date note under section 401 of this title.

Effective Date

Act June 15, 1943, ch. 125, §3, 57 Stat. 153, provided that this section is effective July 1, 1943.

¹ So in original. The words "home or" probably should not appear after amendment by Pub. L. 101–510, see 1990 Amendment note below.

§§7 to 12. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 7, R.S. §4806; acts Mar. 3, 1875, ch. 156, §4, 18 Stat. 485; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; July 26, 1916, ch. 256, 39 Stat. 390; 1939 Reorg. Plan No. I, §§201, 205(b), eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1424, 1425, provided for lease and sale of hospitals. See section 248 of Title 42, The Public Health and Welfare.

Section 8, acts Aug. 4, 1894, ch. 213, 28 Stat. 229; Jan. 28, 1915, ch. 20, §2, 38 Stat. 801; July 30, 1937, ch. 545, §2, 50 Stat. 548; 1939 Reorg. Plan No. I, §§201, 205(b), eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1424, 1425, provided for admission of Coast Guard personnel and their families to hospitals. See section 253 of Title 42. Act Jan. 28, 1915, ch. 20, §2, 38 Stat. 801 was also repealed by act Aug. 4, 1949, ch. 393, §20, 63 Stat. 561.

Section 9, act June 23, 1913, ch. 3, §1, 38 Stat. 24, provided for hospital relief of officers and employees of the Public Health Service. See sections 249 and 253 of Title 42.

Section 10, act July 1, 1918, ch. 113, §1, 40 Stat. 694, provided for hospital relief for officers and crews of the Fish and Wildlife Service. See section 249 of Title 42.

Section 11, acts Mar. 3, 1875, ch. 156, §6, 18 Stat. 486; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; 1939 Reorg. Plan No. I, §§201, 205(b), eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1424, 1425, provided for care of foreign seamen. See section 249 of Title 42.

Section 11a, R.S. §4805; acts Mar. 3, 1875, ch. 156, §6, 18 Stat. 486; 1939 Reorg. Plan No. I, §§201, 205(b), eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1424, 1425, provided that foreign vessels were liable for hospital charges for care of their seamen. See section 249 of Title 42.

Section 12, R.S. §4804, provided for exclusion of employees on canal boats in coasting trade from hospital care. See section 249 of Title 42.

Editorial Notes

Renumbering of Repealing Act

For renumbering of act July 1, 1944, which repealed these sections, see note set out under sections 1, 2 of this title.

§13. Admission of cases for study

There may be admitted into marine hospitals for study persons with infectious or other diseases affecting the public health, and not to exceed ten cases in any one hospital at one time.

(June 5, 1920, ch. 235, §1, 41 Stat. 884.)

§14. Establishment of Navy hospitals

The Secretary of the Navy shall procure at suitable places proper sites for Navy hospitals, and if the necessary buildings are not procured with the site, shall cause such to be erected, having due regard to economy, and giving preference to such plans as with most convenience and least cost will admit of subsequent additions, when the funds permit and circumstances require; and shall provide, at one of the establishments, a permanent asylum for disabled and decrepit Navy officers, seamen, and marines: Provided, That no sites shall be procured or hospital buildings erected or extensions to existing hospitals made unless authorized by Congress.

(R.S. §4810; Mar. 4, 1913, ch. 148, 37 Stat. 902.)

Editorial Notes

Codification

R.S. §4810 derived from acts Feb. 26, 1811, ch. 26, §3, 2 Stat. 650; July 10, 1832, ch. 194, §5, 4 Stat. 573.

§14a. Annual appropriations for maintenance, operation, and improvement of naval hospitals

Commencing with the fiscal year 1944, annual appropriations in such amounts as may be necessary are authorized from the general fund of the Treasury for the maintenance, operation, and improvement of naval hospitals.

(June 15, 1943, ch. 125, §1(c), 57 Stat. 152.)

§15. Superintendence of Navy hospitals

The Secretary of the Navy shall have the general charge and superintendence of Navy hospitals.

(R.S. §4807.)

Editorial Notes

Codification

R.S. §4807 derived from acts Feb. 26, 1811, ch. 26, §1, 2 Stat. 650; July 10, 1832, ch. 194, §5, 4 Stat. 573.

§16. Allowance of rations to Navy hospitals

For every Navy officer, seaman, or marine admitted into a Navy hospital, the institution shall be allowed one ration per day during his continuance therein, to be deducted from the account of the United States with such officer, seaman, or marine.

(R.S. §4812.)

Editorial Notes

Codification

R.S. §4812 derived from act Feb. 26, 1811, ch. 26, §5, 2 Stat. 650.

§16a. Additional personnel for patients of Department of Veterans Affairs in naval hospitals

On and after May 29, 1945, additional commissioned, warranted, appointed, enlisted, and civilian personnel of the Medical Department of the Navy, required for the care of patients of the Department of Veterans Affairs in naval hospitals, may be employed in addition to the numbers annually appropriated for.

(May 29, 1945, ch. 130, §1, 59 Stat. 208; Pub. L. 102–54, §13(i)(1), June 13, 1991, 105 Stat. 276.)

Editorial Notes

Codification

Section is from act May 29, 1945, popularly known as the Naval Appropriation Act, 1946.

Amendments

1991—Pub. L. 102–54 substituted "Department of Veterans Affairs" for "United States Veterans' Administration".

Statutory Notes and Related Subsidiaries

Similar Provisions

Similar provisions were contained in the following prior appropriation acts:

June 22, 1944, ch. 269, §1, 58 Stat. 308.

June 26, 1943, ch. 147, §101, 57 Stat. 204.

§17. Government of Naval Asylum

The asylum for disabled and decrepit Navy officers, seamen, and marines shall be governed in accordance with the rules and regulations prescribed by the Secretary of the Navy.

(R.S. §4811.)

Editorial Notes

Codification

R.S. §4811 derived from act Feb. 26, 1811, ch. 26, §4, 2 Stat. 650.

§18. Rules and regulations for Army and Navy Hospital

The Army and Navy General Hospital at Hot Springs, Arkansas, shall be subject to such rules, regulations, and restrictions as shall be provided by the President of the United States and shall remain under the jurisdiction and control of the Department of the Army.

(June 30, 1882, ch. 254, §1, 22 Stat. 121; June 18, 1930, ch. 525, §2, 46 Stat. 781; July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501.)

Editorial Notes

Amendments

1930—Act June 18, 1930, provided that the hospital was to be subject to the jurisdiction and control of the Department of War.

Statutory Notes and Related Subsidiaries

Change of Name

Department of War designated Department of the Army and title of Secretary of War changed to Secretary of the Army by act July 26, 1947, ch. 343, title II, §205(a), 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641. Section 1 of act Aug. 10, 1956 enacted "Title 10, Armed Forces", which in sections 3010 to 3013 continued Department of the Army under administrative supervision of Secretary of the Army.

Executive Documents

Ex. Ord. No. 10272. Delegation of Authority to the Secretary of the Army

Ex. Ord. No. 10272, July 10, 1951, 16 F.R. 6711, provided:

By virtue of the authority vested in me by section 1 of the act of August 8, 1950, c. 646, 64 Stat. 419 [section 301 of Title 3 The President], and as President of the United States, it is hereby ordered that the Secretary of the Army be, and he is hereby, designated and empowered to exercise the authority vested in the President by section 1 of the act of June 30, 1882, 22 Stat. 117, 121, as amended [this section], to provide rules, regulations, and restrictions with respect to the Army and Navy hospital at Hot Springs, Arkansas: Provided, That the rules, regulations, and restrictions prescribed under the authority of this order shall, so far as feasible, be uniform with those obtaining with respect to other hospitals under the jurisdiction of the Department of the Army, and that those prescribed by the Executive order of August 25, 1892, as amended by Executive Order No. 6885 of October 23, 1934, shall continue in force and effect until amended, modified, or revoked by the Secretary of the Army in action taken pursuant to this order.

Harry S. Truman.      

§19. Tubercular hospital at Fort Bayard

The hospital at Fort Bayard, New Mexico, for the treatment of tuberculosis, shall be opened to the treatment of the officers and men of the Navy and Marine Corps.

(Mar. 2, 1907, ch. 2511, 34 Stat. 1172.)

§20. Discipline of patients at Army and Navy Hospital

All persons admitted to treatment in the Army and Navy General Hospital at Hot Springs, Arkansas, shall, while patients in said hospital, be subject to the rules and articles for the government of the armies of the United States.

(Mar. 3, 1909, ch. 252, 35 Stat. 748.)

Statutory Notes and Related Subsidiaries

Repeals

Act July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714, as amended and renumbered by acts Aug. 13, 1946, ch. 958, §5, 60 Stat. 1049; Feb. 28, 1948, ch. 83, §9(b), 62 Stat. 47; July 30, 1956, ch. 779, §3(b), 70 Stat. 721; Pub. L. 88–581, §4(b), Sept. 4, 1964, 78 Stat. 919; Pub. L. 89–239, §3(b), Oct. 6, 1965, 79 Stat. 931; Pub. L. 91–572, §6(b), Dec. 24, 1970, 84 Stat. 1506; Pub. L. 92–294, §3(b), May 16, 1972, 86 Stat. 137; repealed act Mar. 3, 1919, ch. 98, §3, 40 Stat. 1303, formerly cited as a credit to this section, which transferred lands and buildings from the War Department to the Treasury Department for the use of the Public Health Service.

§21. Repealed. June 12, 1948, ch. 450, §4, 62 Stat. 380

Section, act May 12, 1917, ch. 12, 40 Stat. 58, related to limitation on cost of Army hospital buildings.

§§21a to 25. Repealed. Pub. L. 101–510, div. A, title XV, §1532(a), Nov. 5, 1990, 104 Stat. 1732

Section 21a, act Aug. 2, 1946, ch. 756, §11, 60 Stat. 854, related to maintenance and operation of Naval Home.

Section 21b, act June 26, 1934, ch. 756, §9, 48 Stat. 1229, abolished Navy Pension Fund and authorized appropriations for maintenance, operation, and improvement of Naval Home.

Section 22, act June 30, 1914, ch. 130, 38 Stat. 398, related to disposition of moneys of deceased inmates of Naval Home.

Section 23, act June 30, 1914, ch. 130, 38 Stat. 398, related to disposition of pensions of beneficiaries in Naval Home.

Section 24, act Mar. 4, 1917, ch. 180, 39 Stat. 1175, provided that moneys derived from certain sales and rentals be turned into naval pension fund.

Section 25, act Aug. 22, 1912, ch. 335, 37 Stat. 334, related to employment of beneficiaries in service of Naval Home.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective one year after Nov. 5, 1990, see section 1541(a) of Pub. L. 101–510, formerly set out as an Effective Date note under section 401 of this title.

§§26 to 28. Repealed. July 1, 1944, ch. 373, title XIII, §1313, 58 Stat. 714

Section 26, acts Mar. 3, 1919, ch. 98, §1, 40 Stat. 1302; Aug. 9, 1921, ch. 57, §7, 42 Stat. 149; July 3, 1930, ch. 863, §1, 46 Stat. 1016, provided for additional hospital and sanatorium facilities. See sections 249, 251, and 253 of Title 42, The Public Health and Welfare, and section 763c of Title 33, Navigation and Navigable Waters.

Section 26a, R.S. §4803; acts June 26, 1884, ch. 121, §15, 23 Stat. 57; Mar. 3, 1905, ch. 1484, §1, 33 Stat. 1217; Aug. 14, 1912, ch. 288, §1, 37 Stat. 309; 1939 Reorg. Plan No. I, §§201, 205(b), eff. July 1, 1939, 4 F.R. 2728, 2729, 53 Stat. 1424, 1425, provided for use of certain funds for the relief of sick and disabled seamen. See section 249 of Title 42, The Public Health and Welfare.

Section 27, act Mar. 3, 1919, ch. 98, §2, 40 Stat. 1302, provided for transfer of hospitals to Treasury Department for the Public Health Service. See section 248 of Title 42.

Section 28, acts Mar. 3, 1919, ch. 98, §3, 40 Stat. 1303; Mar. 4, 1921, ch. 156, 41 Stat. 1365, provided for transfer of property and equipment by Secretary of War to the Treasury Department for use of the Public Health Service.

Editorial Notes

Renumbering of Repealing Act

For renumbering of act July 1, 1944, which repealed these sections, see note set out under sections 1, 2 of this title.

§§29, 29a. Repealed. Oct. 31, 1951, ch. 654, §1(45), 65 Stat. 703

Section 29, acts Mar. 15, 1920, ch. 100, §1, 41 Stat. 530; Mar. 4, 1921, ch. 156, 41 Stat. 1365, related to disposal of surplus material for the Public Health Service.

Section 29a, acts Mar. 15, 1920, ch. 100, §4, 41 Stat. 531; Mar. 4, 1921, ch. 156, 41 Stat. 1365, related to charges incurred in the disposal of surplus material.

§30. Payments to donors of blood for persons undergoing treatment at Government expense

Any person, whether or not in the employ of the United States, who shall furnish blood from his or her veins for transfusion into the veins of a person entitled to and undergoing treatment at Government expense, whether in a Federal hospital or institution or in a civilian hospital or institution, or who shall furnish blood for blood banks or for other scientific and research purposes in connection with the care of any person entitled to treatment at Government expense, shall be entitled to be paid therefor such reasonable sum, not to exceed $50, for each blood withdrawal as may be determined by the head of the department or independent agency concerned, from public funds available to such department or independent agency for medical and hospital supplies: Provided, That no payment shall be made under this authority to any person for blood withdrawn for the benefit of the person from whom it is withdrawn.

(Feb. 9, 1927, ch. 91, 44 Stat. 1066; June 2, 1939, ch. 173, 53 Stat. 803; July 30, 1941, ch. 332, 55 Stat. 609.)

Editorial Notes

Amendments

1941—Act July 30, 1941, struck out requirement that donor had to be in the Military Establishment or a Government employee and that patient had to be in a Government hospital to have donor qualify for payment.

1939—Act June 2, 1939, included the furnishing of blood by employees of the United States Government.

§31. Repealed. Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641

Section, act Jan. 19, 1929, ch. 85, 45 Stat. 1090, related to care of naval patients in other Government hospitals where naval hospital facilities are not available. See section 6201 of Title 10, Armed Forces.

§§32, 33. Repealed. June 7, 1956, ch. 374, §306(2), 70 Stat. 254

Section 32, act May 10, 1943, ch. 95, §2, 57 Stat. 80, authorized hospitalization of dependents of naval and Marine Corps personnel. See section 1071 et seq. of Title 10, Armed Forces.

Section 33, act May 10, 1943, ch. 95, §3, 57 Stat. 81, defined "dependents" and "children". See section 1071 et seq. of Title 10.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective six months after June 7, 1956, see section 307 of act June 7, 1956, ch. 374, 70 Stat. 254.

Repeal of Appropriations

Act May 10, 1943, ch. 95, §1, 57 Stat. 80, formerly set out as a note under section 32 of this title, which appropriated funds for the purpose of expanding facilities for the hospitalization of dependents of the Navy and Marine Corps, was also repealed by act June 7, 1956.

§34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments

In addition to those persons, including the dependents of naval and Marine Corps personnel, now authorized to receive hospitalization at naval hospitals, hospitalization and dispensary service may be provided at naval hospitals and dispensaries outside of the continental limits of the United States and in Alaska, to the officers and employees of any department or agency of the Federal Government, to employees of a contractor with the United States or his subcontractor, to the dependents of such persons, and in emergencies to such other persons as the Secretary of the Navy may prescribe: Provided, That such hospitalization and dispensary service to other than the dependents of naval and Marine Corps personnel shall be permitted only where facilities are not otherwise available in reasonably accessible and appropriate non-Federal hospitals. The charge for hospitalization or dispensary service for persons other than dependents of naval and Marine Corps personnel as specified in this section shall be at such rates as the President shall from time to time prescribe, and shall be deposited as provided in section 32 ¹ of this title.

(May 10, 1943, ch. 95, §4, 57 Stat. 81.)

Editorial Notes

References in Text

Section 32 of this title, referred to in text, was repealed by act June 7, 1956, ch. 374, §306(2), 70 Stat. 254. See section 1071 et seq. of Title 10, Armed Forces.

Executive Documents

Delegation of Functions

Authority of President under this section to prescribe from time to time uniform rates of charges for hospitalization and dispensary services delegated to Secretary of Defense, provided, that authority hereby delegated may not be redelegated to any officer in Department of the Navy, Department of the Air Force, or Department of the Army, see Ex. Ord. No. 11609, §5, July 22, 1971, 36 F.R. 13747, set out as a note under section 301 of Title 3, The President.

Executive Order No. 11116

Ex. Ord. No. 11116, Aug. 5, 1963, 28 F.R. 8075, as amended by Ex. Ord. No. 11230, June 28, 1965, 30 F.R. 8447, which provided rates of charges for hospitalization and dispensary services, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

¹ See References in Text note below.

§35. Limitation of medical, surgical or hospital services

Hospitalization of the dependents of naval and Marine Corps personnel and of the persons outside the naval service mentioned in section 34 of this title shall be furnished only for acute medical and surgical conditions, exclusive of nervous, mental, or contagious diseases or those requiring domiciliary care. Routine dental care, other than dental prosthesis and orthodontia, may be furnished to such persons who are outside the naval service under the same conditions as are prescribed in section 34 of this title for hospital and dispensary care for such persons.

(May 10, 1943, ch. 95, §5, 57 Stat. 81; Pub. L. 99–251, title III, §304, Feb. 27, 1986, 100 Stat. 26.)

Editorial Notes

Amendments

1986—Pub. L. 99–251 amended second sentence generally. Prior to amendment, second sentence read as follows: "Dental treatment shall be administered only as an adjunct to inpatient hospital care and shall not include dental prosthesis or orthodontia."

Statutory Notes and Related Subsidiaries

Partial Repeal; Effective Date

Act June 7, 1956, ch. 374, §306(2), 70 Stat. 254, repealed this section except insofar as it relates to persons outside the Naval Service mentioned in section 34 of this title. Section 307 of act June 7, 1956, ch. 374, 70 Stat. 254, provided that such repeal was effective six months after June 7, 1956.

§36. Repealed. June 7, 1956, ch. 374, §306(2), 70 Stat. 254

Section, act May 10, 1943, ch. 95, §6, 57 Stat. 41, made sections 32 to 36 of this title applicable to dependents of personnel of the Coast Guard.

Statutory Notes and Related Subsidiaries

Effective Date of Repeal

Repeal effective six months after June 7, 1956, see section 307 of act June 7, 1956, ch. 374, 70 Stat. 254.

§37. Manufacture of products by patients at naval hospitals; ownership of products

The Secretary of the Navy is authorized to furnish materials for the manufacture or production by patients of products incident to the convalescence and rehabilitation of such patients in naval hospitals and other naval medical facilities, and ownership thereof shall be vested in the patients manufacturing or producing such products, except that the ownership of items manufactured or produced specifically for the use of a naval hospital or other naval medical facility shall be vested in the Government and such items shall be accounted for and disposed of accordingly.

(Aug. 2, 1946, ch. 756, §27, 60 Stat. 856.)

Statutory Notes and Related Subsidiaries

Delegation of Powers and Authority

Act Aug. 2, 1946, ch. 756, §39, 60 Stat. 858, authorized Secretary of the Navy to delegate to such persons in Naval Establishment and to such extent as he may deem proper, with or without authority to make successive redelegations, authority conferred upon Secretary by this section, except authority to prescribe regulations. Such section 39 was repealed by act Aug. 10, 1956, ch. 1041, §53, 70A Stat. 641, less its applicability to this section and section 21a of this title.