rank and promotion as now or hereafter may be provided by law for commissioned personnel of the same rank or grade or performing the same or similar duties in the United States Public Health Service"; The ninth paragraph under the head "Bureau of Mines", in chapter 199, 42 Statutes at Large 552, which is the fourth full paragraph on page 588, and the substantially similar provisions in chapter 42, 42 Statutes at Large 1174, at page 1210; chapter 264, 43 Statutes at Large 390, at page 422; chapter 462, 43 Statutes at Large 1141, at page 1175; The last sentence of the paragraph under the head "Public Health Service" in chapter 258, 42 Statutes at Large 767, which appears at page 776 and is as follows: "The Immigration Service shall reimburse the Public Health Service on the basis of per capita rates fixed by the Secretary of the Treasury and the sums received by the Public Health Service from this source shall be covered into the Treasury as miscellaneous receipts"; The first proviso at the end of the ninth paragraph under the head "Public Health Service" in chapter 84, 43 Statutes at Large 64, which appears at page 75 and is as follows: "Provided, That the Immigration Service shall permit the Public Health Service to use the hospitals at Ellis Island Immigration Station for the care of the Public Health Service patients, free of expense for physical upkeep, but with a charge of actual cost for fuel, light, water, telephone, and similar supplies and services, to be covered into the proper Immigration Service appropriations; and moneys collected by the Immigration Service on account of hospital expenses of persons detained under the immigration laws and regulations at Ellis Island Immigration Station shall be covered into the Treasury as miscellaneous receipts:", and substantially similar provisions under the head "Public Health Service" in chapter 87, 43 Statutes at Large 763, at page 774; chapter 126, 45 Statutes at Large 162, at page 174; chapter 39, 45 Statutes at Large 1028, at page 1039; chapter 289, 46 Statutes at Large 335, at page 347; chapter 110, 49 Statutes at Large 218, at page 229; chapter 725, 49 Statutes at Large 1827, at page 1839; chapter 180, 50 Statutes at Large 137, at page 149; chapter 55, 52 Statutes at Large 120, at page 133; chapter 428, 54 Statutes at Large 574, at page 585; chapter 269, 55 Statutes at Large 466, at page 481; and Public Law 647, Seventy-seventh Congress, at page 22. Chapter 146, 43 Statutes at Large 809; The words "and public health" in the last sentence of section 7 (b) of chapter 344, 44 Statutes at Large 568; The words "or public-health" wherever they appear in the second sentence of section 11 (b) of chapter 344, 44 Statutes at Large 568, as amended; Section 3 of chapter 371, 44 Statutes at Large 622; Chapter 625, 45 Statutes at Large 603; The proviso at the end of the fifth paragraph under the head "Public Health Service" in chapter 39, 45 Statutes at Large 1028, which appears at page 1039, as is as follows: "Provided, That funds expendable for transportation and traveling expenses may also be used for preparation for shipment and transportation to their former homes of remains of officers who die in line of duty", and substantially similar provisions appearing under the head "Public Health Service" in chapter 289, 46 Statutes at Large 335, at page 346; chapter 110, 49 Statutes at Large 218, at page 228; chapter 180, 50 Statutes at Large 137, at page 148; chapter 55, 52 Statutes at Large 120, at page 132; chapter 428, 54 Statutes at Large 574, at page 584; chapter 269, 55 Statutes at Large 466, at page 480; Chapter 82, 45 Statutes at Large 1085; The second paragraph under the head "Government in the Territories" in chapter 707, 45 Statutes at Large 1623, which is the seventh full paragraph on page 1644; Chapter 125, 46 Statutes at Large 150; Chapter 320, 46 Statutes at Large 379; Section 4 of chapter 488, 46 Statutes at Large 585: Chapter 597, 46 Statutes at Large 807; Chapter 409, 46 Statutes at Large 1491; Section 2 of chapter 656, 48 Statutes at Large 1116; The ninth paragraph under the head “Public Health Service" in chapter 110, 49 Statutes at Large 218, which is the second full paragraph appearing on page 229; Title VI of chapter 531, 49 Statutes at Large 620; Chapter 161, 49 Statutes at Large 1185; 1 That portion of chapter 550, 49 Statutes at Large 1514, which reads as follows: "or of the United States Public Health Service"; The proviso at the end of the thirteenth paragraph under the head "Public Health Service" in chapter 725, 49 Statutes at Large 1827, which appears at page 1840 is as follows: "Provided, That on and after July 1, 1936, the Narcotic Farm at Lexington, Kentucky, shall be known as United States Public Health Service Hospital, Lexington, Kentucky, but such change in designation shall not affect the status of any person in connection therewith or the status of such institution under any Act applicable thereto"; The fourth paragraph under the head "Public Health Service" in chapter 180, 50 Statutes at Large 137, which is the sixth full paragraph on page 148; Section 2 of chapter 545, 50 Statutes at Large 547; Chapter 565, 50 Statutes at Large 559; The first proviso in the paragraph headed "Division of Mental Hygiene" under the head "Public Health Service" in chapter 55, 52 Statutes at Large 120, which appears at page 134 and is as follows: "Provided, That on and after July 1, 1938, the United States Narcotic Farm, Fort Worth, Texas, shall be known as United States Public Health Service Hospital of Fort Worth, Texas, but such change in designation shall not affect the status of any person in connection therewith or the status of such institution under any Act applicable thereto :"; Chapter 267, 52 Statutes at Large 439; Chapter 636, 53 Statutes at Large 1338; Section 509 of chapter 666, 53 Statutes at Large 1360 ; Section 205 (b) of Reorganization Plan Numbered I, 53 Statutes at Large 1423; and Chapter 566, 54 Statutes at Large 747. Mr. BULWINKLE. I might say to you gentlemen on the committee that the cause of this is, last year when some bills were brought in here relating to the Public Health Service, that I investigated and found out some of those bills were to amend existing law, after looking further, I found out that the public-health laws were just a patchwork going back practically over 150 years; that some of the amendments to the law were put in on appropriation bills; and that the committee thought at that time—I think Mr. Reece, Mr. Brown, and Mr. Priest, and someone else besides myself, thought that the best thing to do was to have a codification, so that we would know what the publichealth law was. Accordingly, the attorneys, Mr. Perley, representing the committee, of the Legislative Counsel's Office, and Mr. Calhoun, and Mr. Wilcox, and others besides the Public Health officials, Dr. Parran, and Dr. Thompson have been working on the bill. For that reason we thought we would go into it carefully and we will have the information. My idea was, if it meets with the committee's approval, to have Dr. Parran as the first witness, and he would be followed by Mr. Calhoun, who is now in the Navy, and Mr. Wilcox, another attorney. If that meets with the approval of you gentlemen, we will proceed along that line. Dr. Parran, Surgeon General of the Public Health Service. STATEMENTS OR DR. THOMAS PARRAN, SURGEON GENERAL; DR. L. R. THOMPSON, ASSISTANT SURGEON GENERAL, UNITED STATES PUBLIC HEALTH SERVICE; AND ALANSON W. WILCOX, ASSISTANT GENERAL COUNSEL, FEDERAL SECURITY AGENCY Dr. PARRAN. Mr. Chairman and members of the committee, as you have stated, the laws of the Public Health Service represent a patchwork with successive overlapping layers, as the Congress during the period since 1798 has imposed additional powers and duties upon this organization. This became particularly apparent when the chairman introduced H. R. 649, on January 6, 1943. We have been very glad to have the opportunity of attempting a codification of the public-health laws. However, as the war situation developed following the introduction of H. R. 649 and a companion bill in the Senate, S. 400, it became apparent that the Public Health Service was urgently in need of certain of the provisions relating to the reorganization, in order to enable it to carry forward the added responsibilities of wartime. As a result of this the subcommittee took up S. 400 and with amendments it was passed and became a law on November 11, 1943, as Public Law 184. I mention this, Mr. Chairman, because the code as drafted was drafted prior to the passage of Public Law 184. The law gives in general terms and by reference certain rights and benefits to Public Health Service officers, particularly in wartime. It, therefore, might seem appropriate to have those added provisions spelled out by further amendments to H. R. 3379, which is now before you and which was drafted prior to the passage of Public Law 184. I should like, Mr. Chairman, to pay tribute to the legal counsel whose names you have mentioned for the tremendously difficult and arduous job which faced them in attempting to codify this huge body of law; some of it active; some of it perhaps repealed; conflicting provisions and other complications, which I had not realized until the lawyers got into the job. This proposed code, Mr. Chairman, accomplishes six major purposes. For the first time it brings together the various laws under which the Service has been functioning since its inception in 1798. Second, it reenacts into law those phases of these laws which are still active and permanent. Third, it eliminates the laws or part of laws which in development of the Service have become obsolete. Fourth, it eliminates many inconsistencies in language in different laws. Fifth, it broadens certain authority which at present has been found too restrictive or not in accord with present administrative needs. Sixth, it allocates authority to make regulations between the President, the Administrator, and the Surgeon General, depending upon the importance of and the content of such regulations. Parenthetically I may say that in the present laws, the President is required in some instances to make regulations dealing with relatively minor matters, while in other instances, the Administrator or the Surgeon General is authorized to make regulations dealing with more important matters. Mr. REECE. Mr. Chairman, I was called out of the room, and, therefore, I missed a part of your statement; but you have touched upon what I had in my mind. Not having yet had an opportunity to make a comparative study of the bill and the present law, and in the statement, you have stated that the law is broadened. Now, someone is going to explain the manner in which this varies from the present law? Dr. PARRAN. We shall be prepared, Mr. Reece, to present those facts in detail. I shall be very glad to do it, or the lawyers who have drafted 96248-44- -3 the code will be prepared to do it. In fact, we wish to put into the record a complete statement of every broadening of authority; or change in existing law. Mr. REECE. This is not just a codification? Dr. PARRAN. It is primarily a codification, but not solely a codification. Mr. REECE. I think it is very important that any broadening of authority or any new regulation be emphasized so that we will know just what we are doing. Congressman Keefe talked with me yesterday, not as a member of the subcommittee, because I do not know that he knew I was a member of the subcommittee, but in an incidental way, about his views, and I think possibly he had talked with you. Dr. PARRAN. I talked with him yesterday; yes. Mr. REECE. I would like to have also that matter touched upon when you have reached that point, if you do not mind. Mr. BULWINKLE. I might say, Mr. Reece, if you will pardon me, that it is the intention to show every change in existing law; whether it takes from existing law or adds to it; so that we can have a full and complete knowledge of what will be before us. It will be written out before we get into it. Mr. REECE. If I may say off the record, Mr. Chairman. (After informal discussion off the record :) Mr. BULWINKLE. All right, Doctor, you may proceed. Mr. REECE. Still thinking out loud, at some point in the proceedings I would like to have a comparative print, one showing the existing law and another print showing the new law, for ready reference. (After further informal discussion off the record:) Mr. BULWINKLE. All right, Doctor, you may proceed. Dr. PARRAN. Mr. Chairman, in connection with drafting the code, even though it were solely a codification of law and introduced no new principle of legislation, it would have seemed poor draftsmanship to have repeated verbatim some of the present provisions of law, because in a number of instances two different laws are written in different words to accomplish the same objective and the wording of neither one is good from the standpoint of legal drafting. Therefore, as I have indicated, a certain amount of clarification has been attempted and in each section where that has been done, it will be indicated. Mr. REECE. I think that is all right. I am not taking any exception to that; neither am I taking any exception to at the appropriate time or in the appropriate way broadening certain authority or enacting what might amount to new legislation to round out the public health laws. So what I am now stating is not by way of criticizing anybody for what has been done, but rather by way of caution, particularly. I want to know for one thing what we are doing when we do it. Dr. PARRAN. We shall attempt to explain very fully both our attempts at clarification and of the new authority which has been inserted. The code is divided into titles dealing essentially with different subject matters. Title I includes definitions. I would invite attention there to the fact that the Virgin Islands are added to the term "State" in connection with grants-in-aid. Other legislation is pending-I am not aware of its present status-which would bring the Virgin Islands under the provisions of the grants-in-aid program for certain public health purposes. The Virgin Islands are now included in our grants-in-aid for venereal disease control, but not other public-health purposes. That is a change in existing law. It is an attempt to harmonize the territory covered by two of our operations which have essentially the same purpose, namely, aid to the States in the improvement of public health. I think there are no other terms which are defined in title I which need comment. Title II deals with administration. Mr. REECE. Now, what is the scope of the public health activities in the Virgin Islands at this time? Does it go beyond venereal-disease control? Dr. PARRAN. Only that and the operation of a relief station for legal beneficiaries, and the operation of a quarantine service. Mr. REECE. What does the Service have in mind now with reference to the inclusion of the Virgin Islands? Dr. PARRAN. Under the Venereal Disease Control Act, we give six or seven thousand dollars out of the total appropriation to aid the territorial health department there in control of venereal diseases. As the amendment is written it is expected that about the same amount would be allotted to the Virgin Islands for general public health purposes out of title VI of the Social Security Act. Mr. REECE. Then to do what you have in mind it is not necessary to make a change in the definitions? Dr. PARRAN. It is, insofar as title VI of the Social Security Act is concerned. We have two major grants-in-aid provisions, Mr. Reece. One relates to the venereal disease appropriation of $12,300,000 and the other an appropriation for general aid to public health in the States-local health departments, and sanitation and public health, nursing aidthe whole general public health program, such as is carried on in the State or local health departments. That authority is in title VI of the Social Security Act. The current appropriation is $11,000,000. Under this definition and later language, it would be proposed that the Virgin Islands would share in both rather than in one of these, because the small appropriation, the amount involved, as I say, is less than $10,000 a year. Title II-Administration: I should like to emphasize that in this title, and throughout the code, the Public Health Service is continued under the supervision and direction of the Administrator of the Federal Security Agency. All of the laws passed prior to 1938 refer to the Secretary of the Treasury, since the Public Health Service was then in the Treasury Department. An attempt has been made to continue the same administrative relationship and even to clarify and strengthen the administrative relationship between the Federal Security Administrator and the Public Health Service. Pursuant to that general philosophy there will be a few minor amendments, clarifying amendments, which will be submitted. The first, for example, is at the bottom of page 3, line 25, which reads: "The Surgeon General is authorized and directed" to perform certain functions in reference. to reorganization. |