pealed by Pub. L. 91-646, title II, § 220(a)(11), Jan. 2, 1971, 84 Stat. 1903

ANNUAL REPORT TO CONGRESS

Pub. L. 90-495, § 33, Aug. 23, 1968, 82 Stat. 835, which provided that the Secretary of Transportation

was to report annually to Congress, but no later than Jan. 15 of each year, concerning his administration of this chapter, together with his recommendations, including any necessary legislation with respect to this chapter, was repealed by Pub. L. 91-646, title II, § 220(a)(11), Jan. 2, 1971, 84 Stat. 1903.

CROSS REFERENCES

Third party tort liability to United States for hospital and medical care, see section 2651 et seq. of Title 42, The Public Health and Welfare.

§§ 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 Repealed.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, which defined word seamen, is now covered by section 201 of Title 42, The Public Health and Welfare.

Section 2, R.S. § 4801, which provided for the acceptance of gifts in aid of marine hospitals, is now covered by section 219 of Title 42.

RENUMBERING OF REPEALING ACT

Section 611 of act July 1, 1944, which repealed these sections, was renumbered 711 by act Aug. 13, 1946, ch. 958, § 5, 60 Stat. 1049, 713 by act Feb. 28, 1948, ch. 83, § 9(b), 62 Stat. 47, 813 by act July 30, 1956, ch. 779, § 3(b), 70 Stat. 720, 913 by Pub. L. 88-581, § 4(b), Sept. 4, 1964, 78 Stat. 919, 1013 by Pub. L. 89-239, § 3(b), Oct. 6, 1965, 79 Stat. 931, 1113 by Pub. L. 91-572, § 6(b), Dec. 24, 1970, 84 Stat. 1506, 1213 by Pub. L. 92-294, § 3(b), May 16, 1972, 86 Stat. 137; 1313 by Pub. L. 93154, § 2(b)(2), Nov. 16, 1973, 87 Stat. 604, and was repealed by Pub.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 Repealed.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.)

CODIFICATION

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

§ 6a. Disposition of amounts deducted from pensions Pensions of inmates of a naval home or 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 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.)

EFFECTIVE DATE Section 3 of act June 15, 1943, provided in part that this section shall be effective July 1, 1943.

CROSS REFERENCES

Deduction of pension, see section 6 of this title.

§§ 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, which provided for the lease and sale of hospitals, is now covered by 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, which provided for the admission of Coast Guard personnel and their families to hospitals is now covered by 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, which provided for hospital relief of officers and employees of the Public Health Service, is now covered by sections 249 and 253 of Title 42.

Section 10, act July 1, 1918, ch. 113, § 1, 40 Stat. 694, which provided for hospital relief for officers and crews of the Fish and Wildlife Service, is now covered by 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, which provided for the care of foreign seamen, is now covered by 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, which provided that foreign vessels were liable for hospital charges for care of their seamen, is now covered by section 249 of Title 42.

Section 12, R.S. § 4804, which provided for the exclusion of employees on canal boats in coasting trade from hospital care, is now covered by section 249 of Title 42.

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.) CODIFICATION

R.S. § 4810 was 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.)

CODIFICATION

R.S. § 4807 was 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.)

CODIFICATION

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

CROSS REFERENCES

Naval patients, deductions for care in other Government hospitals, see section 6201 of Title 10, Armed Forces.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 10 section 6201.

§ 16a. Additional personnel for patients of Veterans' Administration 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 United States Veterans' Administration in naval hospitals, may be employed in addition to the numbers annually appropriated for. (May 29, 1945, ch. 130, § 1, 59 Stat. 208.)

CODIFICATION

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

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, § 1, 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.)

CODIFICATION

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

§ 18. Rules and regulations for Army and Navy Hospital

The Army and Navy 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.)

AMENDMENTS

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

CHANGE OF NAME

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 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 the Department of the Army under the administrative supervision of a Secretary of the Army.

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.

§ 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.)

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. 720; 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. 91572, 86(b), Dec. 24, 1970, 84 Stat. 1506; repealed act Mar. 3, 1919, ch. 98, § 3, 40 Stat. 1303, formerly cited 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. Naval Home; maintenance and operation

The Secretary of the Navy is authorized to provide for the maintenance and operation of the Naval Home, including the transportation, admission, entertainment, support, and care of beneficiaries, hospitalization of beneficiaries in naval hospitals, transportation and subsistence of attendants of beneficiaries where required, and the burial and care of graves of deceased beneficiaries.

(Aug. 2, 1946, ch. 756, § 11, 60 Stat. 854.)

COMPENSATION OF GOVERNOR OF NAVAL HOME

Pub. L. 85-117, title IV, § 401, Aug. 2, 1957, 71 Stat. 316, which appropriated $2,295,000,000 for military personnel of the Navy, provided in part: “That no part of this or any other appropriation shall be used to pay any officer, while on active duty as Governor of the Naval Home, any amount in excess of the maximum pay and allowances of a rear admiral, upper half."

DELEGATION OF POWERS AND AUTHORITY

Section 39 of act Aug. 2, 1946, authorized the Secretary of the Navy to delegate to such persons in the Naval Establishment and to such extent as he may deem proper, with or without authority to make successive redelegations, the authority conferred upon the Secretary by this section, except the 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 37 of this title.

§ 22. Disposition of moneys of deceased inmates of Naval Home

All moneys belonging to a deceased beneficiary of the Naval Home or derived from the sale of his personal effects, not claimed by his legal heirs or next of kin, shall be deposited with the pay officer of the Naval Home, and if any sum so deposited shall be unclaimed for a period of two years from the death of such beneficiary it shall be deposited in the Treasury to the credit of the naval pension fund: Provided, That the governor of the Naval Home is authorized and directed, under such regulations as may be prescribed by the Secretary of the Navy, to make

diligent inquiry in every instance after the death of an inmate to ascertain the whereabouts of his heirs or next of kin: Provided further, That claims may be presented at any time within five years after moneys have been so deposited in the Treasury, and, when supported by competent proof in any case after such deposit in the Treasury, shall be certified to Congress for consideration.

(June 30, 1914, ch. 130, 38 Stat. 398.)

CROSS REFERENCES

Naval pension fund abolished, see section 725h of Title 31, Money and Finance.

Personal funds of deceased inmates of Naval Home to be held in trust, see section 725s of Title 31.

§ 23. Disposition of pension of beneficiary in Naval Home

The pensions of beneficiaries of the Naval Home shall be disposed of in the same manner as prescribed for inmates of the Soldiers' and Airmen's Home, as provided for in section 52 of this title, under such regulations as the Secretary of the Navy may prescribe, except that in the case of death of any beneficiary leaving no heirs at law nor next of kin any pension due him shall, subject to the foregoing provisions, escheat to the naval pension fund.

(June 30, 1914, ch. 130, 38 Stat. 398.)

CHANGE OF NAME

The United States Soldiers' Home was renamed the United States Soldiers' and Airmen's Home, effective Sept. 7, 1972. See 37 F.R. 23533, Nov. 4, 1972.

CROSS REFERENCES

Naval pension fund abolished, see section 725h of Title 31, Money and Finance.

§ 24. Moneys derived from Naval Home turned into pension fund

All moneys derived from the sale of material at the Naval Home, which was originally purchased from moneys appropriated from the income from the naval pension fund, and all moneys derived from the rental of Naval Home property, shall be turned into the naval pension fund.

(Mar. 4, 1917, ch. 180, 39 Stat. 1175.)

CROSS REFERENCES

Naval pension fund abolished, see section 725h of Title 31, Money and Finance.

§ 25. Employment of beneficiaries in service of Naval Home

For the performance of such additional services in and about the Naval Home as may be necessary the Secretary of the Navy is authorized to employ, on the recommendation of the governor, beneficiaries in said home whose compensation shall be fixed by the Secretary and paid from the appropriation for the support of the home.

(Aug. 22, 1912, ch. 335, 37 Stat. 334.)

§§ 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, which provided for additional hospital and sanatorium facilities, is now covered by 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, which provided for the use of certain funds for the relief of sick and disabled seamen, is now covered by section 249 of Title 42, The Public Health and Welfare.

Section 27, act Mar. 3, 1919, ch. 98, § 2, 40 Stat. 1302, which provided for the transfer of hospitals to Treasury Department for the Public Health Service, is now covered by 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 the transfer of property and equipment by Secretary of War to the Treasury Department for use of the Public Health Service.

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 and is now covered by section 483 of Title 40, Public Buildings, Property, and Works.

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 and is now covered by section 484 of Title 40.

§ 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.)

AMENDMENTS

1941-Act July 30, 1941, omitted 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 pay

ment.

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