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§ 165. Superintendent; disbursing agent; pension money of inmates.

The chief executive officer of Saint Elizabeths Hospital shall be a superintendent, who shall be appointed by the Federal Security Administrator, and shall give bond for the faithful performance of his duties in such sum and with such securities as may be required by Federal Security Administrator. The superintendent shall be a well-educated physician, possessing competent experience in the care and treatment of the insane; he shall reside on the premises and devote his whole time to the welfare of the institution; he shall, subject to the approval of the Federal Security Administrator, appoint a responsible disbursing agent for the institution, who shall give a bond satisfactory to the Federal Security Administrator, and the said superintendent shall engage and discharge all needful and useful employees in the care of the insane and all laborers on the farm and determine their wages and duties. The said disbursing agent, under the direction of the superintendent, shall have the custody of and pay out all moneys appropriated by Congress for Saint Elizabeths Hospital, or otherwise received for the purposes of the hospital, and all moneys received by the superintendent in behalf of the hospital or its patients, and keep an accurate account or accounts thereof. The said disbursing agent shall deposit in the Treasury of the United States, under the direction of the superintendent, all funds which may be intrusted to the latter by or for the use of patients, which shall be kept in a separate account; and the said disbursing agent is authorized to draw therefrom, under the direction of the said superintendent, from time to time, under such regulations as the Federal Security Administrator may prescribe, for the use of such patients, but not to exceed for any one patient the amount intrusted to the superintendent on account of such patient. During the time that any pensioner shall be an inmate of Saint Elizabeths Hospital all money due or becoming due upon his or her pension shall be paid by the Veterans' Administration to the superintendent or disbursing agent of the hospital, upon a certificate by such superintendent that the pensioner is an inmate of the hospital and is living, and such pension money shall be by said superintendent or disbursing agent disbursed and used, under regulations to be prescribed by the Federal Security Administrator, for the benefit of the pensioner, and, in case of a male pensioner, his wife, minor children, and dependent parents, or, if a female pensioner, her minor children, if any, in the order named, and to pay his or her board and maintenance in the hospital, the remainder of such pension money, if any, to be placed to the credit of the pensioner and to be paid to the pensioner or the guardian of the pensioner in the event of his or her discharge from the hospital; or, in the event of the death of said pensioner while an inmate of said hospital, shall, if a female pensioner, be paid to her minor children, and, in the case of a male pensioner, be paid to his wife, if living; if no wife survives him, then to his minor

children; and in case there is no wife nor minor children, then the said unexpended balance to his or her credit shall be applied to the general uses of said hospital: Provided, That in the case of any pensioner transferred to the hospital from the National Home for Disabled Volunteer Soldiers any pension money to his credit at said home at the time of his said transfer shall be transferred with him to said hospital and placed to his credit therein, to be expended as provided in this section, and in case of his return from said hospital to the home any balance to his credit at said hospital shall in like manner be transferred to said home, to be expended in accordance with the rules established in regard thereto. (R. S. § 4839; Feb. 2, 1909, ch. 58, § 1, 35 Stat. 592; Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1422; Aug. 17, 1912, ch. 301, § 1, 37 Stat. 312; July 1, 1916, ch. 209, § 1, 39 Stat. 309; July 3, 1930, ch. 863, § 1, 46 Stat. 1016; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1946 Reorg. Plan No. 2, § 9, eff. July 16, 1946, 11 F. R. 7875, 60 Stat. 1096.)

DERIVATION

Act Mar. 3, 1855, ch. 199, § 3, 10 Stat. 682.

TRANSFER OF FUNCTIONS

Reference to the Board of Visitors were omitted by 1946 Reorg. Plan No. 2, set out in note to section 133y-16 of Title 5, Executive Departments and Government Officers and Employees, which abolished the Board of Visitors and its functions.

Disbursement functions of all Government agencies except Department of the Army and Navy Department and the Panama Canal were transferred to Division of Disbursements, Treasury Department, by Executive Order No. 6166, § 4, June 10, 1933, and Executive Order No. 6728, May 29, 1934. The Division was consolidated with other agencies into one agency in the Treasury Department known as the Fiscal Service by 1940 Reorg. Plan No. III, § 1 (a), eff. June 30, 1940, 5 F. R. 2107, 54 Stat. 1231.

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title. DISSOLUTION OF HOME AND CONSOLIDATION IN VETERANS' ADMINISTRATION

Act July 3, 1930, ch. 863, dissolved the National Home for Disabled Volunteer Soldiers and transferred its functions to the Veterans' Administration. See note preceding section 71 of this title and sections 11-11f of Title 38, Pensions, Bonuses, and Veterans' Relief.

CROSS REFERENCES

Pension money and personal funds of patients, Saint Elizabeths Hospital, to be held in Treasury as trust funds, see section 725s (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 Federal Security Administrator, 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.)

TRANSFER OF FUNCTIONS

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

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

§ 167. Adjustment of compensation of officers and employees.

The Federal Security Administrator 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.)

TRANSFER OF FUNCTIONS

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 Federal Security Administrator, 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.)

TRANSFER OF FUNCTIONS

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

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.

§ 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.)

§ 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

Transfer of Saint Elizabeths Hospital to Federal Security rity 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.

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 Mar. 4, 1929, ch. 705, § 1, 45 Stat. 1605. 1928-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 Federal Security Administrator), 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.)

§ 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 Federal Security Administrator, 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.)

DERIVATION

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

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TRANSFER OF FUNCTIONS

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

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

SS 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, and is now covered by chapter 4 of Title 41, Public Contracts.

Section 174, act June 12, 1917, ch. 27, § 1, 40 Stat. 153, related to exchange of laundry machines and other equipment, and is now covered by chapter 4 of Title 41, Public Contracts.

§ 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 Federal Security Administrator 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.)

TRANSFER OF FUNCTIONS

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

Federal Security Administrator, 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.)

TRANSFER OF FUNCTIONS

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

Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 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 res

ervation.

The Administrator of the Federal Security Agency 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.)

§ 181. Gifts; acceptance by Federal Security Administrator.

The Federal Security Administrator 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 con

ditional 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.)

§ 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 Federal Security Administrator 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 Federal Security Administrator 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 Federal Security Administrator whenever in his judgment the purposes of the gifts will be served thereby. (Nov. 7, 1941, ch. 469, § 4, 55 Stat. 761.)

§185. Appropriations, availability for various expendi

tures.

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 Federal Security Administrator, 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.)

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, Marine Corps, and Coast Guard.

The superintendent, upon the order of the Secretary of the Army, of the Secretary of the Navy, 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, 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, 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; July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501; Aug. 4, 1949, ch. 393, §§ 1, 20, 63 Stat. 495.)

DERIVATION

Acts June 15, 1860, ch. 66, § 1, 12 Stat. 23; July 13, 1866, ch. 179, §§ 1, 2, 14 Stat. 93, 94,

AMENDMENTS

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

EFFECTIVE DATE OF 1949 AMENDMENT

Amendment of section by said act Aug. 4, 1949, effective as of 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 section 717 of Title 38, Pensions, Bonuses, and Veterans' Relief. JAG 705, January 24, 1934.

TRANSFER OF FUNCTIONS

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. l'lan 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, and act July 26, 1947, ch. 343, title II, § 205 (a), 61 Stat. 501, 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), 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 agencies 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)."

§ 191a. Admission of Foreign Service personnel adjudged insane in foreign country.

Upon the application of the Secretary of State, the Federal Security Administrator is authorized to admit to Saint Elizabeths Hospital in the District of Columbia, for treatment, American citizens who are Foreign Service officers, as defined in section 2 of Title 22, or who are clerks in the Foreign Service classified as provided in section 23a of Title 22, or who are employees in the Foreign Service and stationed outside the United States, and who are legally adjudged insane in any foreign country and whose legal residence in one of the States, Territories, or the District of Columbia, it has been impossible to establish. Upon the ascertainment of the legal residence of persons so admitted to the hospital, the superintendent of the hospital shall thereupon transfer such persons to their respective places of residence, and the expenses attendant thereon shall be paid from the appropriation for the support of the hospital.

Upon the request of any such patient, his relatives or friends, he shall have a hearing in the District Court of the United States for the District of Columbia upon his mental condition and the right of the superintendent of Saint Elizabeths Hospital to hold him for treatment. (Oct. 29, 1941, ch. 462, 55 Stat. 756.)

REFERENCES IN TEXT

Sections 2 and 23a of Title 22 referred to in text were repealed by act Aug. 13, 1946, ch. 957, title XI, § 1131, 60 Stat. 1035. Similar provisions are now contained in sections 801, 909, and 937 of Title 22, Foreign Relations and Intercourse.

§ 192. Admission; insane prisoners of war and interned persons.

Interned persons and prisoners of war, under the jurisdiction of the Navy Department, or the Department of the Army, who are or may become insane, shall be entitled to admission for treatment to Saint Elizabeths Hospital.

(July 1, 1916, ch. 209, § 1, 39

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