Full text of Public Health Service Act of 1944

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682

PUBLIC LAWS-CHS . 371-3 73-JULY 1, 1944

[58

STAT.

(56 Stat . 147), as amended (56 Stat. 1093 ; 50 App ., U . S . C ., Supp .
III, 1015), and payments under the retroactive provisions of such
amendments are authorized to be paid from appropriations currently
available .
Approved July 1, 1944 .
[CHAPTER 372]
July 1, 1944
EH . R .4466]
[Public Law 409]

56 stet . 366.
37 U . S. C ., Supp .
III, • ns .
Post, P . 730 .
Personnel making
glider flights.
d
pay.

Limitation.

AN ACT
To amend section 18 of the Pay Readjustment Act of 1942 to provide additional
pay for personnel who are required to participate in regular and frequent glider
flights .

Be it enacted by the Senate and House of Representatives of the
United States o f America in Congress assembled, That section 18
of the Pay Readjustment Act of 1942, as amended, is hereby amended
by adding a new paragraph at the end thereof to read as follows
"Any officer, warrant officer, nurse . or enlisted man of any of the
services mentioned in the title of this Act, not in flying-pay or
parachute-jumping-pay status, who is required by orders of competent authority to participate in regular and frequent glider flights
as an essential part of his military or naval duty and training, as
defined under such regulations as may be prescribed by the President,
shall receive an increase of 50 per centum of their pay when in
consequence of such orders they do participate in such flights
Provided, That such increase shall not exceed $100 per month in the
case of any such officer, warrant officer or nurse, nor $50 per month
in the case of any such enlisted man ."
Approved July 1, 1944 .
[CHAPTER 373]

y i 1944
XR . 46241
[Public Law 4101

AN ACT
To consolidate and revise the laws relating to the Public Health Service, and for
other purposes .

Be it enacted by the Senate and House o f Representatives o f the
United States o f America in Congress assembled,
TITLE I-SHORT TITLE AND DEFINITIONS
SHORT TITLE
Public Health Serv
ice Act.

SECTION 1. Titles I to V, inclusive, of this Act may be cited as the
"Public Health Service Act".
DEFINITIONS

2. When used in this Act(a) The term "Service" means the Public Health Service ;
(b) The term "Surgeon General" means the Surgeon General of
the Public Health Service ;
(c) The term "Administrator" means the Federal Security Administrator ;
(d) The term "regulations", except when otherwise specified, means
rules and regulations made by the Surgeon General with the approval
of the Administrator ;
(e) The term "executive department" means any executive department, agency, or independent establishment of the United States or
any corporation wholly owned by the United States ;
(f) The term "State" means a State or the District of Columbia,
Hawaii, Alaska, Puerto Rico, or the Virgin Islands, except that as
SEC.

"Service ."
"Surgeon General ."
"Administrator ."
"Regulations ."

"Executive depart.
ment."

"State."

58 STAT.]

683

78TH GONG., 2 D SESS.-CH . 373-JULY 1, 1944

used in section 361 (d) such term means a State, the District of
Columbia, or Alaska ;
(g) The term "possession" includes, among other possessions,
Puerto Rico and the Virgin Islands ;
(h) The term "seamen" includes any person employed on board in
the care, preservation, or navigation of any vessel, or in the service,
on board, of those engaged in such care, preservation, or navigation ;
(i) The term "vessel" includes every description of watercraft or
other artificial contrivance used, or capable of being used, as a means
of transportation on water, exclusive of aircraft and amphibious
contrivances ;
(j) The term "habit-forming narcotic drug" or "narcotic" means
opium and coca leaves and the several alkaloids derived therefrom,
the best known of these alkaloids being morphia, heroin, and codeine,
obtained from opium, and cocaine derived from the coca plant ; all
compounds, salts, preparations, or other derivatives obtained either
from the raw material or from the various alkaloids ; Indian hemp
and its various derivatives, compounds, and preparations, and
peyote in its various forms ; and
(k) The term "addict" means any person who habitually uses
any habit-forming narcotic drugs so as to endanger the public
morals, health, safety, or welfare, or who is or has been so far
addicted to the use of such habit-forming narcotic drugs as to have
lost the power of self-control with reference to his addiction.

Post, p. 704.

"Possession."
"Seamen ."

"Vessel."

"Habit-forming narcotic drug" ; "narcotic ."

"Addict ."

TITLE U-ADMINISTRATION
PUBLIC HEALTH SERVICE

Sec. 201 . The Public Health Service in the Federal Security Agency
shall be administered by the Surgeon General under the supervision
and direction of the Administrator .
ORGANIZATION

SEC. 202 . The Service shall consist of (1) the Office of the Surgeon
General, (2) the National Institute of Health, (3) the Bureau of
Medical Services, and (4) the Bureau of State Services . The
Surgeon General is authorized and directed to assign to the Office
of the Surgeon General, to the National Institute of health, to the
Bureau of Medical Services, and to the Bureau of State Services,
respectively, the several functions of the Service, and to establish
within them such divisions, sections, and other units as he may
find necessary ; and from time to time abolish, transfer, and consolidate divisions, sections, and other units and assign their functions and personnel in such manner as he may find necessary for
efficient operation of the Service . No division shall be established,
abolished, or transferred, and no divisions shall be consolidated,
except with the approval of the Administrator . The National
Institute of Health shall be administered as a part of the field
service. The Surgeon General may delegate to any officer or employee
of the Service such of his powers and duties under this Act, except
the making of regulations, as he may deem necessary or expedient .

Assignment of functions .

National Institute
of Health.
Delegation of
powers.

COMMISSIONED CORPS

SEC. 203. There shall be in the Service a commissioned Regular
Corps and, for the purpose of securing a reserve for duty in the
Service in time of national emergency, a Reserve Corps . All commissioned officers shall be citizens and shall be appointed without

Regular Corps and
Reserve Corps .
Citizenship requirement.

684
42 Stat . 1488 .
5 U. S . C. • 661 ;
Supp. III, • 661 et seq .
Appointment .

Active-service credit
for promotion.

PUBLIC LAWS-CS. 373--JULY 1, 1944

[58 STAT.

regard to the civil-service laws and compensated without regard to
the Classification Act of 1923, as amended . Commissioned officers
of the Reserve Corps shall be appointed by the President and commissioned officers of the Regular Corps shall be appointed by him
by and with the advice and consent of the Senate. Commissioned
officers of the Reserve Corps shall at all times be subject to call to
active duty by the Surgeon General, including active duty for the
purpose of training and active duty for the purpose of determining
their fitness for appointment in the Regular Corps . All active
service in the Reserve Corps, as well as service in the Regular Corps,
shall be credited for the purpose of promotion in the Regular Corps .
SURGEON GENERAL
SEC. 204. The Surgeon General shall be appointed from the Regular Corps for a four-year term by the President by and with the
advice and consent of the Senate . Upon the expiration of such
term the Surgeon General, unless reappointed, shall revert to the
grade and number in the Regular Corps that he would have occupied
had he not served as Surgeon General .
DEPUTY SURGEON GENERAL AND ASSISTANT SURGEONS GENERAL

Assignments .

Designation .

SEC. 205 . (a) The Surgeon General shall assign one commissioned
officer from the Regular Corps to administer the Office of the Surgeon
General, to act as Surgeon General during the absence or disability
of the Surgeon General or in the event of a vacancy in that office, and
to perform such other duties as the Surgeon General may prescribe,
and while so assigned he shall have the title of Deputy Surgeon
General .
(b) The Surgeon General shall assign six commissioned officers
from the Regular Corps to be, respectively, the Director of the
National institute of Health, the Chief of the Bureau of State Services, the Chief of the Bureau of Medical Services, the Chief Medical
Officer of the United States Coast Guard, the Chief Dental Officer of
the Service, and. the Chief Sanitary Engineering Officer of the
Service, and while so serving they shall each have the title of Assistant Surgeon General.
(c) The Surgeon General shall designate the Assistant Surgeon
General who shall serve as Surgeon General in case of absence or
disability, or vacancy in the offices, of both the Surgeon General and
the Deputy Surgeon General .
GRADES, RANKS, AND TITLES OF THE COMMISSIONED CORPS

Surgeon General .
Deputy Surgeon
General and Assistant
Surgeons General.
Commissioned officers .

SEC. 206. (a) The Surgeon General, during the period of his
appointment as such, shall be of the same grade, with the same pay
and allowances, as the Surgeon General of the Army ; and the Deputy
Surgeon General and Assistant Surgeons General, while assigned as
such, shall have the grade corresponding with the grade of Brigadier
General, with the same pay and allowances. The grades of commissioned officers of the Service shall correspond with grades of officers
of the Army as follows
(1) Officers of the director grade-colonel ;
(2) Officers of the senior grade-lieutenant colonel ;
3) Officers of the full grade-major ;
4 Officers of the senior assistant grade-captain ;
5 Officers of the assistant grade-first lieutenant ; and
6) Officers of the junior assistant grade-second lieutenant .

58 STAT .I

78TH CONG., 2 D SESS.-CH. 373-JULY 1, 1944

(b) The titles of medical officers of the foregoing grades shall be
respectively (1) medical director, (2) senior surgeon, (3) surgeon,
(4) senior assistant surgeon, (5) assistant surgeon, and (6) junior
assistant surgeon . The President is authorized to prescribe titles,
appropriate to the several grades, for commissioned officers of the
Service other than medical officers . All titles of the officers of the
Reserve Corps shall have the suffix "Reserve" .

685
Titles of medical
officers .

SPECIAL TEMPORARY POSITIONS
SEC . 207. (a) When necessary for the accomplishment of important temporary work in time of war, or of emergency proclaimed by
him, the President may establish special temporary positions in the
Service and prescribe grades which shall be applicable to officers
during periods they are assigned to such positions . While assigned
to any such position an officer shall receive the pay and allowances
applicable to the grade so prescribed . Not more than three such
positions existing at any one time shall have the grade of Assistant
Surgeon General . The Surgeon General shall assign commissioned
officers to such positions .
(b) Commissioned officers and qualified technical or professional
noncommissioned personnel may be assigned by the Surgeon General
to be chiefs of administrative units . Such assignments shall not
affect the pay of commissioned officers so assigned, except that when
any commissioned officer below the grade of director is assigned to
serve as chief of a division such officer during the period so assigned
shall have the temporary grade and receive the pay and allowances
applicable to the director grade .

Emergency assignments .

Chiefs of administrative units .

APPOINTMENT OF PERSONNEL
SEC. 208 . (a) (1) Except as provided in subsection (b) of this
section, original appointments to the Regular Corps may be made
only in the junior assistant, assistant, and senior assistant grades
and original appointments to a grade above junior assistant shall
be made only after passage of an examination, given in accordance
with regulations of the President, in one or more of the several
branches of medicine, surgery, dentistry, hygiene, sanitary engineering, pharmacy, nursing, or related scientific specialties in the field
of public health .
(2) Original appointments to the Reserve Corps may be made to
any grade up to and including the director grade but only after
passage of an examination given in accordance with regulations of
the President. Reserve commissions shall be for a period of not more
than five years and any such commission may be terminated by the
President at any time, in his discretion .
(b) Whenever commissioned officers of the Service are not available
for the performance of permanent duties requiring highly specialized
training and experience in special fields related to public health, the
Administrator on recommendation of the Surgeon General shall
report that fact to the President and the President is authorized to
appoint, by and with the advice and consent of the Senate, not to
exceed three persons in any one fiscal year to grades in the Regular
Corps of the Service above that of senior assistant, but not to a
grade above that of director ; and for purposes of pay and pay
period any person appointed under the provisions of this section
shall be considered as having had on the date of appointment service
equal to that of the junior officer of the grade to which appointed .

Regular Corps.

Reserve Corps.

When commissioned
officers are not available for permanent,
duties .

4

686
Special consultants.

42 Stat . 1488 .
5 U . S . C . • 661 ;
Supp . III, • 661 et seq.
Fellowships, etc .,
for individual scientists.

42 Stat. 1488.
5 U . S. C . • 661 ;
Supp. III, • 661 et seq .

Employment of persons who are not
citizens.

Civil-service appointments .

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT.

(c) In accordance with regulations, special consultants may be
employed to assist and advise in the operations of the Service . Such
consultants may be appointed without regard to the civil-service
laws and their compensation may be fixed without regard to the
Classification Act of 1923, as amended.
(d) In accordance with regulations, individual scientists, other
than commissioned officers of the Service, may be designated by the
Surgeon General to receive fellowships, appointed for duty with the
Service without regard to the civil-service laws and compensated
without regard to the Classification Act of 1923, as amended, may
hold their fellowships under conditions prescribed therein, and may
be assigned for studies or investigations either in this country or
abroad during the terms of their fellowships .
(e) Persons who are not citizens may be employed as consultants
pursuant to subsection (c) and may be appointed to fellowships
pursuant to subsection (d) . Unless otherwise specifically provided,
any prohibition in any other Act against the employment of aliens,
or against the payment of compensation to them, shall not be applicable in the case of persons employed or appointed pursuant to such
subsections.
(f) The appointment of any officer or employee of the Service
made in accordance with the civil-service laws shall be made by the
Administrator, and may be made effective as of the date on which
such officer or employee enters upon duty.
PAY AND ALLOWANCES

Commissioned officers of Regular Corps .

Reserve officers.

Allotments from
pay.
Leaves of absence .
Quartermaster supplies.

Female commissioned officers .

"Dependent."

Members of National Advisory
Health and Cancer
,Councils .

SEC . 209. (a) Commissioned officers of the Regular Corps shall
receive such pay and allowances as are or may hereafter be provided
by law.
(b) Reserve officers shall receive the same pay and allowances
when on active duty as commissioned officers of the Regular Corps,
including allowances for travel and transportation of household
goods and effects .
(c) In accordance with regulations of the President, commissioned
officers of the Regular Corps and officers of the Reserve on active
duty may make allotments from their pay and may be granted leaves
of absence without any deduction from their pay . Such officers shall
also be permitted to purchase quartermaster supplies from the Army,
Navy, and Marine Corps at the same price as is charged officers of the
Army, Navy, and Marine Corps .
(d) Female commissioned officers of the Service shall receive the
same pay and allowances as male officers of corresponding grades,
including allowances for dependents, except that no allowance shall
be paid to any female commissioned officer on account of any dependent who is not in fact dependent upon such officer for his or her chief
support . For the purposes of this subsection the term "dependent"
shall include a husband, father, mother, and unmarried children
(including stepchildren and adopted children) under twenty-one
years of age.
(e) Members of the National Advisory Health Council and members of the National Advisory Cancer Council, other than ex officio
members, while attending conferences or meetings of their respective
Councils or while otherwise serving at the request of the Surgeon
General, shall be entitled to receive compensation at a rate to be
fixed by the Administrator, but not exceeding $25 per diem, and
shall also be entitled to receive an allowance for actual and necessary
traveling and subsistence expenses while so serving away from their
places of residence .

58 STAT.]

687

78TH CONG ., 2D SESS .-CH. 373-JULY 1, 1944

(f) Field employees of the Service, except those employed on a
per diem or fee basis, who render part-time duty and are also subject to call at any time for services not contemplated in their regular
part-time employment, may be paid annual compensation for such
part-time duty and, in addition, such fees for such other services
as the Surgeon General may determine ; but in no case shall the total
paid to any such employee for any fiscal year exceed the amount
of the minimum annual salary rate of the classification grade of the
employee .
(g) Whenever any commissioned or other officer or employee of
the Service is assigned for duty which the Surgeon General finds
requires intimate contact with persons afflicted with leprosy, he may
receive, as provided by regulations of the President, in addition
to the pay and any allowances of his grade, not more than one-half
the pay of such grade, and such allowances or increased allowances
as may be provided for by such regulations .
(h) Individuals appointed under section 208 (d) shall have
included in their fellowships such stipends or allowances, including
travel and subsistence expenses, as the Surgeon General may deem
necessary to procure qualified fellows .
PROMOTIONS AND SEPARATION OF COMMISSIONED OFFICERS

Field employees rendering part-time duty .

Contact with persons
afflicted with leprosy .

Fellowships.
Ante, p. 686 .

IN THE

REGULAR CORPS

SEC. 210 . (a) Promotions of commissioned officers of the Regular
Corps to any grade up to and including the director grade shall be
made only after examination given in accordance with regulations
of the President and shall be made according to the same length of
service as is now or may hereafter be prescribed for promotion of
officers of corresponding grades of the Medical Corps of the Army,
except that(1) In time of war, or of national emergency proclaimed by
the President, any commissioned officer of the Regular Corps
may be appointed to a higher temporary grade with the pay and
allowances thereof without examination and without vacating
his permanent appointment, and, if his service shall have been
continuous, without renewing his oath of office ;
(2) For purposes of promotion, an officer whose original
appointment to the Regular Corps was above the assistant grade
shall be considered as having had on the date of such original
appointment service equal to that of the junior officer of the
grade to which he was appointed, except that if his active commissioned service in the Service exceeds that of the junior officer
of the grade, such service (not exceeding ten years for an officer
appointed in the senior assistant grade and fourteen years for
an officer appointed in the full grade) shall be credited for purposes of promotion ;
(3) Officers commissioned in the grade of junior assistant shall
be examined for promotion in accordance with regulations of
the President and if qualified shall be promoted to the next
higher grade ; and
(4) Commissioned officers other than medical, dental, sanitary
engineering, and pharmacist officers shall be promoted in accordance with regulations of the President .
(b) At the end of his first three years of service, the record of
each commissioned officer in the Regular Corps originally appointed
in or above the grade of senior assistant shall be reviewed in accordance with regulations of the President and if found not fully qualified
for further service he shall be separated from the Service and paid
six months' pay and allowances .

Promotions up to
and including director
grade .

Temporary promotions.

Original appoint .
ments above assistant
grade.

Officers in grade of
junior assistant .
0

Officers other than
medical, etc.
Separations.

688

PUBLIC LAWS-CH. 373-JULY 1, 1944

Disqualifications
other than physical .

[58 STAT.

(c) When a commissioned officer in the Regular Corps is found,
after examination, to be not qualified for promotion for reasons other
than physical disability incurred in line of duty(1) If below the full grade he shall be separated from the
Service, and if in the assistant grade he shall be separated and
paid six months' pay and allowances, and if in the senior assistant
grade he shall be separated and paid one year's payrand allowances ; and
(2) If in the full or senior grade he shall be reported as not
in line of promotion, or shall be retired and paid at the rate of
21/2 per centum for each complete year of active commissioned
service in the Service, but in no case to exceed 60 per centum
of his active pay at the time he is retired .
RETIREMENT OF COMMISSIONED OFFICERS

Pay if retired for
disability .

Retirement age .
Pay of officer in
Regular Corps.

Officers of Regular
Corps over 45 when
originally appointed.

Surgeon General or
Deputy Surgeon General .

Nonpromotion owing to disability .

Recall
duty .

to

active

Voluntary retirement after service as
Surgeon General .

Reserve Corps officers on active duty.
44 Stat . 905 .
5 U. S . C ., Supp.
III, • 693.

SEC . 211. (a) A commissioned officer of the Regular Corps retired
for disability from disease or injury incurred in line of duty, or a
commissioned officer of the Reserve Corps retired for disability from
disease or injury incurred in line of duty in time of war, shall be
entitled, except as provided in subsection (c), to receive retired pay
at the rate of 75 per centum of his active pay at the time of retirement.
(b) A commissioned officer shall be retired on the first day of the
month following his sixty-fourth birthday . If he is an officer in the
Regular Corps, he shall, except as provided in subsection (c), be
entitled to receive retired pay at the rate of 75 per centum of his
active pay at the time of retirement .
(c) (1) Any commissioned officer of the Regular Corps who at the
time of his original appointment was more than forty-five years of
age shall upon retirement, unless retired for disability from disease
or injury incurred in time of war, be entitled to retired pay only at the
rate of 4 per centum of his active pay at the time of retirement for
each twelve months of active commissioned service, including any such
service in the Army, Navy, or Coast Guard, but in no case more
than 75 per centum of such active pay .
(2) The retired pay of any commissioned officer who has served
four years or more as Surgeon General or Deputy Surgeon General
shall be based on the pay of the highest grade held by him as such
Surgeon General or Deputy Surgeon General .
(3) The retired pay of an officer of the Regular Corps who has
failed, by reason of disability incurred in line of duty, to receive
a promotion to which he would otherwise have been entitled, shall
be based on the pay of the grade to which, but for such disability,
he would have been promoted .
(d) An officer retired for disability who is found to have recovered
from his disability, and in time of war an officer who has been
retired for age, may in accordance with regulations of the President
be recalled to active duty .
(e) With the approval of the President a commissioned officer who
has served four years or more as Surgeon General and who has had
not less than twenty-five years of active commissioned service in the
Service may retire voluntarily, either at the termination of his term
as Surgeon General or at any time thereafter ; and his retired pay
shall be at the rate of 75 per centum of the pay of the highest grade
held by him as such Surgeon General.
(f) Commissioned officers of the Reserve Corps, while on active
duty, shall be deemed to be officers of the executive branch of the
Government within the meaning of section 3 of the Civil Service
Retirement Act, as amended (U . S . C., 1940 edition, title 5, section
693) .

58 STAT.]

78TH CONG., 2D SESS .-CH. 373---JULY 1, 1944

689

MILITARY BENEFITS

(a) For the purposes of this section(1) the term "full military benefits" means all rights, privileges, immunities, and benefits provided under any law of the
United States in the case of commissioned officers of the Army
(including their surviving beneficiaries) on account of active
military service, including, but not limited to, burial payments
in the event of death, six months' pay in case of death, veterans'
compensation and pensions and other veterans' benefits, the
rights provided under the Soldiers' and Sailors' Civil Relief
Act, as amended, and under the National Service Life Insurance
Act, as amended, travel allowances, including per diem allowances for travel without regard to repeated travel between two
or more places in the same vicinity, exemption from payment
of postage on mail, exemption of certain pay from Federal
income taxation, and other benefits, privileges and exceptions
under the Internal Revenue laws ; excluding, however, retired
pay, uniform allowances, the right to be awarded military ribEons, medals, and decorations, and the benefits of the Musteringout Payment Act of 1944, and excluding reemployment rights
with respect to any commissioned officer of the Service except
officers of the Reserve Corps called to active duty after November 11, 1943 ; and
(2) the term "limited military benefits" means full military
benefits, except veterans' compensation and pensions and other
veterans' benefits, and eligibility under the National Service
Life Insurance Act, as amended .
(b) Commissioned officers of the Service (including their surviving beneficiaries)(1) shall be entitled to limited military benefits with respect
to all active service in time of war ;
(2) shall be entitled to full military benefits with respect to
active service performed while detailed for duty with the Army,
Navy, or Coast Guard
(3) shall be entitled to full military benefits with respect to
active service outside the continental limits of the United States,
or in Alaska, in time of war ;
(4) shall be entitled to full military benefits with respect to
active service performed while the Service is part of the military
forces of the United States pursuant to executive order of the
President.
(c) The authority vested by law in the War Department, the Secretary of War, or other officers of the War Department with respect
to rights privileges, immunities, and benefits referred to in subsection
(a) shall be exercised, with respect to commissioned officers of the
Service, by the Surgeon General under the supervision and direction
of the Administrator .
(d) The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons,
medals, and decorations .
SEC . 212 .

ALLOWANCES FOR UNIFORMS
SEC. 213 . An allowance of $250 for uniforms and equipment is
authorized to be paid to each commissioned officer of the Service who
is hereafter, in time of war, appointed to the Regular Corps or called
to active duty in the Reserve Corps, or who is hereafter on active
duty in either corps at the commencement of any war, if at such time
93050§-45-FT. x---44

"Fulimilftarybenefits "

54 Stat.1178,1008 .
50 U . S . C . app . ••
501-585; Supp . III,
app. • 501 et seq.; 38
U . S . 0 . •• 801-818 ;
Supp . II, • 801 et seq .
Post, pp. 722, 762,

764

Ante, p. &

"Limited military
benefits."
54 Stat. 1008.
38 U . S . 0 . •• 501-

818; Supp. III, • 801
et seq.

Post, pp . 762, 764.
Benefits.

Authority of Surgeon General .

Awards.

690

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT.

the officer is in the grade of junior assistant, assistant, or senior
assistant, and is receiving the pay of the first, second, or third pay
period ; except that no officer who has received such an allowance
from the Service shall at any time thereafter be entitled to any
further allowance.
DETAIL OF PERSONNEL
Details to Federal
agencies .

To State agencies .

To nonprofit institutions .

Pay .

Longevity credits.

SEC. 214. (a) The Administrator is authorized, upon the request of
the head of an executive department, to detail officers or employees
of the Service to such department for duty as agreed upon by the
Administrator and the head of such department in order to cooperate
in, or conduct work related to, the functions of such department or
of the Service . When officers or employees are so detailed their
salaries and allowances may be paid from working funds established
as provided by law or may be paid by the Service from applicable
appropriations and reimbursement may be made as agreed upon by
the Administrator and the head of the executive department concerned. Officers detailed for duty with the Army, Navy, or Coast
Guard shall be subject to the laws for the government of the service
to which detailed .
(b) Upon the request of any State health authority, personnel of
the Service may be detailed by the Surgeon General for the purpose
of assisting such State or a political subdivision thereof in work
related to the functions of the Service .
(c) The Surgeon General may detail personnel of the- Service
to nonprofit educational, research, or other institutions engaged in
health activities for special studies of scientific problems and for the
dissemination of information relating to public health .
(d) Personnel detailed under subsections (b) and (c) shall be
paid from applicable appropriations of the Service, except that, in
accordance with regulations such personnel may be placed on leave
without pay and paid by the State, subdivision, or institution to
which they are detailed . The services of personnel while detailed
pursuant to this section shall be considered as having been performed
in the Service for purposes of longevity pay, promotion, retirement,
compensation for injury or death, and the benefits provided by
section 212.
REGULATIONS

Appointment, etc.,
of commissioned corps .

Promulgation of
other regulations by
Surgeon General .

Schools of medicine,
nonpreference .

SEC. 215. (a) The President shall from time to time prescribe
regulations with respect to the appointment, promotion, retirement,
termination of commission titles, pay, uniforms, allowances (including increased allowances for foreign service), and discipline of the
commissioned corps of the Service .
(b) The Surgeon General, with the approval of the Administrator,
unless specifically otherwise provided, shall promulgate all other
regulations necessary to the administration of the Service, including
regulations with respect to travel, transportation of household goods
and effects, and uniforms for employees, and regulations with respect
to the custody, use, and preservation of the records, papers, and
property of the Service .
(c) No regulation relating to qualifications for appointment of
medical officers or employees shall give preference to any school of
medicine .
USE OF SERVICE IN EMERGENCY

Function as a military service .

SEC . 216 . In time of war, or of emergency proclaimed by the
President, he may utilize the Service to such extent and in such
manner as shall in his judgment promote the public interest, and in
time of war he may by Executive order declare the commissioned

58 STAT.]

691

78TH CONG., 2D SESS.-CH . 373-JULY 1, 1944

corps of the Service to be a military service . Upon such declaration,
and during the period of such war or such part thereof as the President shall prescribe, the commissioned corps (1) shall constitute a
branch of the land and naval forces of the United States, and (2)
to the extent prescribed by regulations of the President, shall be
subject to the Articles of War and to the Articles for the Government of the Navy : Provided, That during such period or part thereof
the commissioned corps shall continue to operate as part of the
Service except to the extent that the President may direct as
Commander in Chief.

41 Stat . 787; 12 Stat.
600
1o U . S . 0 . • 1471
et seq .; Supp. III, eh.
36; 34 U . S . C . • 1200;

Supp . III, ch . 21.

NATIONAL ADVISORY HEALTH AND CANCER COUNCILS
SEC . 217 . (a) The National Advisory Health Council shall consist
of fourteen members . The Director of the National Institute of
Health, and three experts, one each from the Army, the Navy, and
the Bureau of Animal Industry, to be detailed by the Secretary of
War, the Secretary of the Navy, and the Secretary of Agriculture,
respectively, shall be ex officio members of the Council . The Surgeon'
General, with the approval of the Administrator, shall appoint, without regard to the civil-service laws, ten members of the Council who
shall be persons, not otherwise in the employ of the United States,
skilled in the sciences related to health . Each appointed member
shall hold office for a term of five years, except that any member
appointed to fill a vacancy occurring prior to the expiration of the
term for which his predecessor was appointed shall be appointed for
the remainder of such term . An appointed member shall not be
eligible to serve continuously for more than five years but shall be
eligible for reappointment if he has not served immediately preceding his reappointment.
(b) The National Advisory Health Council shall advise, consult
with, and make recommendations to, the Surgeon General on matters
relating to health activities and functions of the Service . The Surgeon General is authorized to utilize the services of any member or
members of the Council, and where appropriate, any member or
members of the National Advisory Cancer Council in connection with
matters related to the work of the Service, for such periods, in addition to conference periods, as he may determine .
(c) The National Advisory Cancer Council shall consist of the
Surgeon General ex officio, who shall be Chairman, and of six members to be appointed without regard to the civil-service laws by the
Surgeon General with the approval of the Administrator . The six
appointed members shall be selected from leading medical or scientific authorities who are outstanding in the study, diagnosis, or treatment of cancer . Each appointed member shall hold office for a term
of three years, except that any member appointed to fill a vacancy
occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such
term . An appointed member shall not be eligible to serve continuously for more than three years but shall be eligible for reappointment if he has not served immediately preceding his reappointment.

National Advisory
Health Council .
Members .

Duties .

National Advisory
Cancer Council .
Members .

TITLE III-GENERAL POWERS AND DUTIES OF
PUBLIC HEALTH SERVICE
PART A-RESEARCH AND INVESTIGATIONS
IN GENERAL
. SEC. 301. The Surgeon General shall conduct in the Service, and
encourage, cooperate with, and render assistance to other appropriate

Duties and authority of Surgeon General.

692

Collection and dissemination of information.
Research facilities.

Research f e 11 o wships.

Grants in aid to institutionsand individuals.

Assistance of experts.

Admission of cases
for study .

Adoption of additional means for research and investigations .

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT.

public authorities, scientific institutions, and scientists in the conduct
of, and promote the coordination of, research, investigations, experiments, demonstrations, and studies relating to the causes, diagnosis,
treatment, control, and prevention of physical and mental diseases
and impairments of man, including water purification, sewage treatment, and pollution of lakes and streams . In carrying out the foregoing the Surgeon General is authorized to(a) Collect and make available through publications and other
appropriate means, information as to, and the practical application of, such research and other activities ;
(b) Make available research facilities of the Service to appropriate public authorities, and to health officials and scientists
engaged in special study ;
(c) Establish and maintain research fellowships in the Service
with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most brilliant and promising research fellows from
the United States and abroad ;
(d) Make grants in aid to universities, hospitals, laboratories,
and other public or private institutions, and to individuals for
such research projects as are recommended by the National
Advisory Health Council, or, with respect to cancer, recommended by the National Advisory Cancer Council ;
(e) Secure from time to time and for such periods as he deems
advisable, the assistance and advice of experts, scholars, and consultants from the United States or abroad ;
(f) For purposes of study, admit and treat at institutions,
hospitals, and stations of the Service, persons not otherwise
eli ible for such treatment ; and
g) Adopt, upon recommendation of the National Advisory
Health Council, or, with respect to cancer, upon recommendation
of the National Advisory Cancer Council, such additional means
as he deems necessary or appropriate to carry out the purposes
of this section .
NARCOTICS

Studies and investigations.

Reports.

38 Stat . 614.
21 U . S . C .••171184.
Post, p. 721.
Cooperation with
States.

SEC. 302 . (a) In carrying out the purposes of section 301 with
respect to narcotics, the studies and investigations shall include
the use and misuse of narcotic drugs, the quantities of crude opium,
coca leaves, and their salts, derivatives, and preparations, together
with reserves thereof, necessary to supply the normal and emergency
medicinal and scientific requirements of the United States . The
results of studies and investigations of the quantities of crude opium,
coca leaves, or other narcotic drugs, together with such reserves
thereof, as are necessary to supply the normal and emergency medicinal and scientific requirements of the United States, shall be reported
not later than the 1st day of September each year to the Secretary
of the Treasury, to be used at his discretion in determining the
amounts of crude opium and coca leaves to be imported under the
Narcotic Drugs Import and Export Act, as amended .
(b) The Surgeon General shall cooperate with States for the
purpose of aiding them to solve their narcotic drug problems and
shall give authorized representatives of the States the benefit of his
experience in the care, treatment, and rehabilitation of narcotic
addicts to the end that each State may be encouraged to provide
adequate facilities and methods for the care and treatment of its
narcotic addicts.

58 STAT.]

78TH CONG., 2D SESS .--CH. 373-JULY 1, 1944

693

PART B FEDERAL-STATE COOPERATION
IN GENERAL

311 . The Surgeon General is authorized to accept from State
and local authorities any assistance in the enforcement of quarantine
regulations made pursuant to this Act which such authorities may
be able and willing to provide . The Surgeon General shall also assist
States and their political subdivisions in the prevention and suppression of communicable diseases, shall cooperate with and aid State
and local authorities in the enforcement of their quarantine and other
health regulations and in carrying out the purposes specified in
section 314, and shall advise the several States on matters relating
to the preservation and improvement of the public health .
SEC .

Enforcement of
quarantine regulations .
Prevention of communicable diseases.
Post, P. 867 .

HEALTH CONFERENCES
SEC . 312 . A conference of the health authorities of the several States
shall be called annually by the Surgeon General . Whenever in his
opinion the interests of the public health would be promoted by a
conference, the Surgeon General may invite as many of such health
authorities to confer as he deems necessary or proper . Upon the
application of health authorities of five or more States it shall be the
duty of the Surgeon General to call a conference of all State and
Territorial health authorities joining in the request . Each State
represented at any conference shall be entitled to a single vote .
COLLECTION OF VITAL STATISTICS
SEC. 313. To secure uniformity in the registration of mortality,
morbidity, and vital statistics the Surgeon General shall prepare and
distribute suitable and necessary forms for the collection and compilation of such statistics which shall be published as .a part of the
health reports published by the Surgeon General .
GRANTS AND SERVICES TO STATES
SEC. 314. (a) To enable the Surgeon General to carry out the purposes of section 301 with respect to developing more effective measures
for the prevention, treatment, and control of venereal diseases, and to
assist, through grants and as otherwise provided in this section,
States, counties, health districts, and other political subdivisions of
the States in establishing and maintaining adequate measures for
the prevention treatment, and control of such diseases, including
the training of personnel for State and local health work, and to
enable him to prevent and control the spread of the venereal diseases
in interstate traffic, and to meet the cost of pay, allowances, and
traveling expenses of commissioned officers and other personnel of
the Service detailed to assist in carrying out the purposes of this
section with respect to the venereal diseases, and to administer this
section with respect to such diseases, there is hereby authorized to be
appropriated for each fiscal year a sum sufficient to carry out the
purposes of this subsection .
(b) To enable the Surgeon General to carry out the purposes of
section 301 with respect to developing more effective measures for
the prevention, treatment, and control of tuberculosis, and to assist,
through grants and as otherwise provided in this section, States,
counties, health districts, and other political subdivisions of the
States in establishing and maintaining adequate measures for the
prevention, treatment, and control of such disease, including the

Control of venereal
diseases .
Ante, p. 691 .

Appropriations authorized.

Control of tuberculosis.
Ante, p . 691.
Post, P. 857.

694

Appropriation authorized .

State and local
health services.

Appropriation authorized.
Demonstrations
and training of personnel .

Determination of
State allotments.

Certification and
payment .

Method of expenditure .

Localcontributions.

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT.

provision of appropriate facilities for care and treatment and including the training of personnel for State and local health work, and
to enable him to prevent and control the spread of tuberculosis in
interstate traffic, and to meet the cost of pay, allowances, and traveling expenses of commissioned officers and other personnel of the
Service detailed to assist in carrying out the purposes of this section
with respect to tuberculosis, and to administer this section with
respect to such disease, there is hereby authorized to be appropriated
for the fiscal year ending June 30, 1945, the sum of $10,000,000, and
for each fiscal year thereafter a sum sufficient to carry out the
purposes of this subsection .
(c) To enable the Surgeon General to assist, through grants and
as otherwise provided in this section, States, counties, health districts,
and other political subdivisions of the States in establishing and
maintaining adequate public health services, including grants for
demonstrations and for the training of personnel for State and local
health work, there is hereby authorized to be appropriated for each
fiscal year a sum not to exceed $20,000,000 . Of the sum appropriated
for each fiscal year pursuant to this subsection there shall be available an amount, not to exceed $2,000,000, to enable the Surgeon General to provide demonstrations and to train personnel for State and
local health work and to meet the cost of pay, allowances, and traveling expenses of commissioned officers and other personnel of the
Service detailed to assist States in carrying out the purposes of this
subsection.
(d) For each fiscal year, the Surgeon General, with the approval
of the Administrator, shall determine the total sum from the appropriation under subsection (a), the total sum from the appropriation
under subsection (b), and, within the limits specified in subsection
(c), the total sum from the appropriation under that subsection
which shall be available for allotment among the several States . He
shall, in accordance with regulations, from time to time make allotments from such sums to the several States on the basis of (1) the
population, (2) the size of the venereal-disease problem, the size of
the tuberculosis problem, and the size of other special health problems, respectively, and (3) the financial need of the respective States.
Upon making such allotments the Surgeon General shall notify the
Secretary of the Treasury of the amounts thereof .
(e) The Surgeon General, with the approval of the Administrator,
shall from time to time determine the amounts to be paid to each
State from the allotments to such State, and shall certify to the
Secretary of the Treasury, the amounts so determined, reduced or
increased, as the case may be, by the amounts by which he finds that
estimates of required expenditures with respect to any prior period
were greater or less than the actual expenditures for such period.
Upon receipt of such certification, the Secretary of the Treasury shall,
through the Division of Disbursement of the Treasury Department
and prior to audit or settlement by the General Accounting Office,
pay in accordance with such certification .
(f) The moneys so paid to any State shall be expended solely in
carrying out the purposes specified in subsection (a), or subsection
(b), or subsection (c) of this section, as the case may be, and in
accordance with plans presented by the health authority of such
State and approved by the Surgeon General .
(g) Money so paid shall be paid upon the condition that there shall
be spent in such State for the same general purpose from funds of
such State and its political subdivisions an amount determined in
accordance with regulations .

58 STAT .]

78TH CONG., 2 n SESS.-CH. 373-JULY 1, 1944

(h) Whenever the Surgeon General, after reasonable notice and
opportunity for hearing to the health authority of the State, finds
that, with respect to money paid to the State out of appropriations
under subsection (a), or subsection (b), or subsection (c), as the case
may be there is a failure to comply substantially with either4) the provisions of this section ;
(2) the plan submitted under subsection (f) ; or
(3) the regulations ;
the Surgeon General shall notify such State health authority either
that further payments will not be made to the State from appropriations under such subsection (or in his discretion that further
payments will not be made to the State from such appropriations for
activities in which there is such failure), until he is satisfied that
there will no longer be any such failure . Until he is so satisfied the
Surgeon General shall make no further certification for payment to
such State from appropriations under such subsection, or shall limit
payment to activities in which there is no such failure .
(i) All regulations and amendments thereto with respect to grants
to States under this section shall be made after consultation with a
conference of the State health authorities . Insofar as practicable,
the Surgeon General shall obtain the agreement of the State health
authorities prior to the issuance of any such regulations or amendments .
(j) Funds appropriated under subsection (a) and funds appropriated under subsection (b), in addition to being available for payments to States, shall also be available for expenditure by the
Surgeon General in otherwise carrying out the respective subsections,
including expenditures for printing and binding of the findings of
investigations, and for pay and allowances and traveling expenses
of personnel of the Service engaged in activities authorized by the
respective subsections .

695
Failure to comply
with requirements .

Consultations with
ties . health author!State

Expenditures by
Surgeon General.

HEALTH EDUCATION AND INFORMATION
SEC. 315. From time to time the Surgeon General shall issue information related to public health, in the form of publications or otherwise, for the use of the public, and shall publish weekly reports of
health conditions in the United States and other countries and other
pertinent health information for the use of persons and institutions
engaged in work related to the functions of the Service .
PART C-HOSPIT ALS , MEDICAL EXAMINATIONS, AND MEDICAL CARE
HOSPITALS

321 . The Surgeon General, pursuant to regulations, shall(a) Control, manage, and operate all institutions, hospitals,
and stations of the Service, and provide for the care, treatment
and hospitalization of patients, including the furnishing of prosthetic and orthopedic devices ; and from time to time, with
the approval of the President, select suitable sites for and
establish such additional institutions, hospitals, and stations in
the States and possessions of the United States as in his judgment are necessary to enable the Service to discharge its functions and duties ;
(b) Provide for the transfer of Public Health Service patients,
in the care of attendants where necessary, between hospitals and
stations operated by the Service or between such hospitals and
stations and other hospitals and stations in which Public Health

SEC .

Functions and duties.
General .

Transfer of patients.

696

Disposal of articles
produced by patients.

Deceased patients.

PUBLIC LAWS-CH. 373-J ULY 1, 1944

[58 STAT.

Service patients may be received, and the payment of expenses of
such transfer ;
(c) Provide for the disposal of articles produced by patients
in the course of their curative treatment, either by allowing the
patient to retain such articles or by selling them and depositing
the money received therefor to the credit of the appropriation
from which the materials for making the articles were purchased ; and
(d) Provide for the disposal of money and effects, in the custody of the hospitals or stations, of deceased patients .
CARE AND TREATMENT OF SEAMEN AND CERTAIN OTHER PERSONS

Persons entitled to
free treatment.

Seamen on foreignflag vessels.
Treatment .

Persons under quarantine etc.

Temporary treatment in case of emergency .

Care and treatment
at non-Service facilities.

SEC. 322. (a) The following persons shall be entitled, in accordance with regulations, to medical, surgical, and dental treatment and
hospitalization without charge at hospitals and other stations of the
Service
(1) Seamen employed on vessels of the United States registered, enrolled, and licensed under the maritime laws thereof,
other than canal boats engaged in the coasting trade ;
(2) Seamen employed on United States or foreign flag vessels
as employees of the United States through the War Shipping
Administration ;
(3) Seamen, not enlisted or commissioned in the military or
naval establishments, who are employed on State school ships or
on vessels of the United States Government of more than five
tons' burden ;
(4) Cadets at State maritime academies or on State training
shi s ;
(5) Seamen on vessels of the Mississippi River Commission
and, upon application of their commanding officers, officers and
crews of vessels of the Fish and Wildlife Service ;
(6) Enrollees in the United States Maritime Service on active
duty and members of the Merchant Marine Cadet Corps ; and
(7) Employees and noncommissioned officers -in the field service of the Public Health Service when injured or taken sick in
line of duty.
(b) When suitable accommodations are available, seamen on foreign-flag vessels may be given medical, surgical, and dental treatment
and hospitalization on application of the master, owner, or agent of
the vessel at hospitals and other stations of the Service at rates fixed
by regulations . All expenses connected with such treatment, including burial in the event of death, shall be paid by such master, owner,
or agent . No such vessel shall be granted clearance until such
expenses are paid or their payment appropriately guaranteed to the
Collector of Customs .
(c) Any person when detained in accordance with quarantine laws,
or, at the request of the Immigration and Naturalization Service, any
person detained by that Service, may be treated and cared for by the
Public Health Service .
(d) Persons not entitled to treatment and care at institutions,
hospitals, and stations of the Service may, in accordance with regulations of the Surgeon General, be admitted thereto for temporary
treatment and care in case of emergency .
(e) Persons entitled to care and treatment under subsection (a)
of this section may, in accordance with regulations, receive such care
and treatment at the expense of the Service from public or private
medical or hospital facilities other than those of the Service, when
authorized by the officer in charge of the station at which the application is made .

58 STAT.]

78TH CONG., 2D SESS.-CH . 373-JULY 1, 1944

697

CARE AND TREATMENT OF FEDERAL PRISONERS
SEC. 323. The Service shall supervise and furnish medical treatment and other necessary medical, psychiatric, and related technical
and scientific services, authorized by the Act of May 13, 1930, as
amended (U . S . C ., 1940 edition, title 18, sets . 751, 752), in penal and
correctional institutions of the United States .

48 Stat. 273.

EXAMINATION AND TREATMENT OF FEDERAL EMPLOYEES
Medical, etc., servSEC. 324. The Surgeon General is authorized to provide at instituices and supplies.
tions, hospitals, and stations of the Service medical, surgical, and
hospital services and supplies for persons entitled to treatment under
Stat . 742 .
the United States Employees' Compensation Act and extensions 39
5 U. S . •• 751-791,
thereof . The Surgeon General may also provide for making medical 793 ; Supp. 0. III, ch . 15.
P08t, pp. 712, 887.
examinations of(a) employees of the Alaska Railroad and employees of the
Federal Government for retirement purposes ;
(b) employees in the Federal classified service, and applicants
for appointment, as requested by the Civil Service Commission
for the purpose of promoting health and efficiency ;
(c) seamen for purposes of qualifying for certificates of service ;
and
(d) employees eligible for benefits under the Longshoremen's
Stat . 1424.
and Harbor Workers' Compensation Act, as amended (U . S . C ., 44
33 U . S . C ., Supp.
m,
ch
. 18 note .
1940 edition, title 33, chapter 18), as requested by any deputy
commissioner thereunder .
EXAMINATION OF ALIENS
SEC . 325. The Surgeon General shall provide for making, at places
within the United States or in other countries, such physical and
mental examinations of aliens as are required by the immigration
laws, subject to administrative regulations prescribed by the Attorney
General and medical regulations prescribed by the Surgeon General
with the approval of the Administrator .
SERVICES TO COAST GUARD, COAST AND GEODETIC SURVEY, AND PUBLIC
HEALTH SERVICE

SEC. 326. (a) Subject to regulations of the President-

(1) commissioned officers, chief warrant officers, warrant officers, cadets, and enlisted personnel of the Regular Coast Guard,
including those on shore duty and those on detached duty,
whether on active duty or retired ; and Regular and temporary
members of the United States Coast Guard Reserve when on
active duty or when retired for disability ;
(2) commissioned officers, ships' officers, and members of the
crews of vessels of the United States Coast and Geodetic Survey,
including those on shore duty and those on detached duty,
whether on active duty or retired ; and
(3) commissioned officers of the Regular Corps of the Public
Health Service, whether on active duty or retired, and commissioned officers of the Reserve Corps when on active duty or when
retired for disability ;
shall be entitled to medical, surgical, and dental treatment and
hospitalization by the Service . The Surgeon General may detail
commissioned officers for duty aboard vessels of the Coast Guard or
the Coast and Geodetic Survey .
(b) Subject to regulations of the President, the dependent members of families (as defined in such regulations) of persons specified

Regular Coast
Guard.

Coast Guard Reserve .
Coast and Geodetic
Survey.

Public Health Service.

Duty aboard designated vessels .

Dependent members of families of
specified persons .
Treatment .

698

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT.

in subsection (a), other than temporary members of the United
States Coast Guard Reserve, shall be furnished medical advice and
out-patient treatment by the Service at its hospitals and relief
stations and they shall also be furnished hospitalization at hospitals
of the Service, if suitable accommodations are available, at a per
diem cost to the officer, enlisted person, or member of a crew concerned . Such cost shall be at such uniform rate as may be prescribed
from time to time by the President for the hospitalization of dependents of naval and Marine Corps personnel at any naval hospital,
24 U . S . C ., supp. pursuant to section 2 of the Act of May 10, 1943 (57 Stat
,
. 80) .
III, •32.
y
Servicesrequiredb~
(c) The Service shall provide all services referred to in subsection
Coast Guard.
(a) required by the Coast Guard and shall perform all duties prescribed by statute in connection with the examinations to determine
physical or mental condition for purposes of appointment, enlistment,
Aid toAmerican
crews of vesdes- and reenlistment, promotion and retirement, and officers of the Service
iguated
sels.
assigned to duty on Coast Guard vessels may extend aid to the crews
of American vessels engaged in deep-sea fishing .
INTERDEPARTMENTAL WORK

41 Stat. 613 .
31 U . S . C ., Supp.
III, • 686.

SEC. 327 . Nothing contained in this part shall affect the authority
of the Service to furnish any materials, supplies, or equipment, or perform any work or services, requested in accordance with section 7 of
the Act of May 21, 1920, as amended (U . S . C ., 1940 edition, title 31,
sec . 686), or the authority of any other executive department to furnish any materials, supplies, or equipment, or perform any work or
services, requested by the Federal Security Agency for the Service
in accordance with that section .

PART D-LEPERS
RECEIPT OF T.FPERS
Admission into apSEC. 331
. The Service shall, in accordance with regulations, receive
propriate Service hospitals .
into any hospital of the Service suitable for his accommodation any
person afflicted with leprosy who presents himself for care, detenInfra .
tion, or treatment, or who may be apprehended under section 332 or
Post, p . 703.
361 of this Act, and any person afflicted with leprosy duly consigned
to the care of the Service by the proper health authority of any State,
Territory, or the District of Columbia . The Surgeon General is
authorized, upon the request of any health authority, to send for any
person within the jurisdiction of such authority who is afflicted with
leprosy and to convey such person to the appropriate hospital for
detention and treatment . When the transportation of any such person is undertaken for the protection of the public health the expense
of such removal shall be met from funds available for the maintenance of hospitals of the Service.
APPREHENSION, DETENTION, TREATMENT, AND RELEASE
SEC. 332. The Surgeon General may provide by regulation for the
apprehension, detention, treatment, and release of persons being
treated by the Service for leprosy .
PART E-NARCOTICS

ADDICTS

CARE AND TREATMENT
SEC . 341 . The Surgeon General is authorized to provide for the
confinement, care, protection treatment, and discipline of persons
addicted to the use of habit-forming narcotic drugs who voluntarily

58 STAT.]

78Ta CONG ., 2n SESS .-CH . 373-JULY 1, 1944

699

submit themselves for treatment and addicts who have been or are
hereafter convicted of offenses against the United States, including
persons convicted by general courts martial and consular courts .
Such care and treatment shall be provided at hospitals of the Service
especially equipped for the accommodation of such patients and shall
be designed to rehabilitate such persons, to restore them to health,
and, where necessary, to train them to be self-supporting and selfreliant.
EMPLOYMENT OF ADDICTS
SEC. 342. Narcotic addicts in hospitals of the Service designated
for their care shall be employed in such manner and under such conditions as the Surgeon General may direct . In such hospitals the
Surgeon General may, in his discretion, establish industries, plants,
factories, or shops for the production and manufacture of articles,
commodities, and supplies for the United States Government . The
Secretary of the Treasury may require any Government department,
establishment, or other institution, for whom appropriations are made
directly or indirectly by the Congress of the United States, to purchase at current market prices, as determined by him or his authorized representative, such of the articles, commodities, or supplies so
produced or manufactured as meet their specifications ; and the Surgeon General shall provide for payment to the inmates or their
dependents of such pecuniary earnings as he may deem proper . The
Administrator shall establish a working-capital fund for such industries, plants, factories, and shops out of any funds appropriated for
Public Health Service hospitals at which addicts are treated and
cared for ; and such fund shall be available for the purchase, repair,
or replacement of machinery or equipment, for the purchase of raw
materials and supplies, for the purchase of uniforms and other distinctive wearing apparel of employees in the performance of their
official duties, and for the employment of necessary civilian officers
and employees . The Surgeon General may provide for the disposal
of products of the industrial activities conducted pursuant to this
section, and the proceeds of any sales thereof shall be covered into
the Treasury of the United States to the credit of the working-capital
fund .

Purchase of products.

Payment to inmates
of earnings .

Working-capital
fund .

Disposal of products .

CONVICTS
SEC. 343 . (a) The authority vested with the power to designate
the place of confinement of a prisoner shall transfer to hospitals
of the Service especially equipped for the accommodation of addicts, if accommodations are available, all addicts who have been
or are hereafter sentenced to confinement, or who are now or shall
hereafter be confined, in any penal, correctional, disciplinary, or
reformatory institution of the United States, including those addicts
convicted of offenses against the United States who are confined in
State and Territorial prisons, penitentiaries . and reformatories,
except that no addict shall be transferred to a hospital of the Service
who, in the opinion of the officer authorized to direct the transfer, is
not a proper subject for confinement in such an institution either
because of the nature of the crime he has committed or because of his
apparent incorrigibility . The authority vested with the power to
designate the place of confinement of a prisoner shall transfer from
a hospital of the Service to the institution from which he was
received, or to such other institution as may be designated by the
p roper authority, any addict whose presence at a hospital of the
S ervice is detrimental to the well-being of the hospital or who does
not continue to be a narcotic addict . All transfers of such prisoners
to or from a hospital of the Service shall be accompanied by neces-

Transfer of addicts
sentenced to confinement .

Addicts convicted
of offenses against
U. S.

Transfers of prisoners to or from
Service hospital.

700

Alien addicts subject to deportation .

Commutation of
sentence or parole .
32 Stat. 397.
46 Stat. 392.
36 Stat. 819.

Certificate requirement for release.

Examination prior
to expiration of sentence.
Further treatment .

Gratuities and
transportation.

Hospital treatment
as a condition to probation .

Gratuities and
transportation upon
discharge .

Payment.

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58STAT .

sary attendants as directed by the officer in charge of such hospital
and the actual and necessary expenses incident to such transfers shall
be paid from the appropriation for the maintenance of such Service
hospital except to the extent that other Federal agencies are authorized or required by law to pay expenses incident to such transfers .
When sentence is pronounced against any person whom the prosecuting officer believes to be an addict, such officer shall report to the
authority vested with the power to designate the place of confinement, the name of such person, the reasons for his belief, all pertinent
facts bearing on such addiction, and the nature of the offense committed. Whenever an alien addict transferred to a Service hospital
pursuant to this subsection is entitled to his discharge but is subject
to deportation, in lieu of being returned to the penal institution from
which he came he shall be deported by the authority vested by law
with power over deportation .
(b) The provisions of the Act of June 21, 1902, as amended
(U. S . C ., 1940 edition, title 18, sees . 710-712a), regulating commutation of sentence for good conduct of United States prisoners, section 8 of the Act of May 27, 1930 (U . S . C ., 1940 edition, title 18,
sec. 744h), regulating commutation of sentence for employment in
industry, and the Act of June 25, 1910, as amended (U . S . C ., 1940
edition, title 18, sees . 714-723c), relating to parole, shall be applicable
to any narcotic addict confined in any institution in execution of a
judgment or sentence upon conviction of an offense against the
United States ; except that no narcotic addict confined in any institution, whether or not an institution of the Public Health Service,
shall be released by reason of commutation of sentence or parole until
the Surgeon General shall have certified that such individual is no
longer an addict.
(c) Not later than one month prior to the expiration of the sentence of any addict confined in a Service hospital, he shall be examined by the Surgeon General or his authorized representative . If the
Surgeon General believes the person to be discharged is still an
addict and that he may by further treatment in a Service hospital
be cured of his addiction, the addict shall be informed, in accordance
with regulations, of the advisability of his submitting himself to
further treatment. The addict may then apply in writing to the
Surgeon General for further treatment in a Service hospital for a
period not exceeding the maximum length of time considered necessary by the Surgeon General . Upon approval of the application by
the* Surgeon General or his authorized agent, the addict may be given
such further treatment as is necessary to cure him of his addiction .
(d) Every person convicted of an offense against the United States,
upon discharge, or upon release on parole, from a hospital of the
Service, shall be furnished with the gratuities and transportation
authorized by law to be furnished to prisoners upon release from a
penal, correctional, disciplinary, or reformatory institution .
(e) Any court of the United States having the power to suspend
the imposition or execution of sentence and to place a defendant on
probation under any existing laws may impose as one of the conditions of such probation that the defendant, if an addict, shall submit
himself for treatment at a hospital of the Service especially equipped
for the accommodation of addicts until discharged therefrom as cured
and that he shall be admitted thereto for such purpose . Upon the
discharge of any such probationer from a hospital of the Service, he
shall be furnished with the gratuities and transportation authorized
by law to be furnished to prisoners upon release from a penal, correctional, disciplinary, or reformatory institution . The actual and
necessary expense incident to transporting such probationer to such

58 STAT .]

701

78TS CONG ., 2o SESS .-CH. 373-JULY 1, 1944

hospital and to furnishing such transportation and gratuities shall
be paid from the appropriation for the maintenance of such hospital
except to the extent that other Federal agencies are authorized or
required by law to pay the cost of such transportation : Provided,
That where existing law vests a discretion in any officer as to the place
to which transportation shall be furnished or as to the amount of
clothing and gratuities to be furnished, such discretion shall be exercised by the Surgeon General with respect to addicts discharged from
hospitals of the Service.

Discretionary power
of Surgeon General .

VOLUNTARY PATIENTS

mApplication for adSEC. 344 . (a) Any addict, whether or not he shall have been
convicted of an offense against the United States, may apply to the
Surgeon General for admission to a hospital of the Service especially
equipped for the accommodation of addicts .
(b) Any applicant shall be examined by the Surgeon General Examination.
who shall determine whether the applicant is an addict, whether
by treatment in a hospital of the Service he may probably be cured
of his addiction, and the estimated length of time necessary to
effect his cure . The Surgeon General may, in his discretion, admit
conditions of adthe applicant to a Service hospital. No such addict shall be admitted mss ;on.
unless he agrees to submit to treatment for the maximum amount
of time estimated by the Surgeon General to be necessary to effect a
cure, and unless suitable accommodations are available after all
eligible addicts convicted of offenses against the United States have
been admitted. Any such addict may be required to pay for his Payment of cost.
subsistence, care, and treatment at rates fixed by the Surgeon General and amounts so paid shall be covered into the Treasury of the
United States to the credit of the appropriation from which the
expenditure for his subsistence, care, and treatment was made .
(c) Any addict admitted for treatment under this section, includ- m~tgtn of confine
ing any addict, not convicted of an offense, who voluntarily submits
himself for treatment, may be confined in a hospital of the Service
for a period not exceeding the maximum amount of time estimated
by the Surgeon General as necessary to effect a cure of the addiction
or until such time as he ceases to be an addict .
Preservation of
(d) Any addict admitted for treatment under this section shall not rights
.
thereby forfeit or abridge any of his rights as a citizen of the United
States ; nor shall such admission or treatment be used against him in
any proceeding in any court ; and the record of his voluntary commitment shall be confidential and shall not be divulged .
PENALTIES
SEC. 345 . (a) Any person not authorized by law or by the Surgeon
General who introduces or attempts to introduce into or upon the
grounds of any hospital of the Service at which addicts are treated
and cared for, any habit-forming narcotic drug, weapon, or any other
contraband article or thing, or any contraband letter or message
intended to be received by an inmate thereof, shall be guilty of a
felony and, upon conviction thereof, shall be punished by imprisonment for not more than ten years .
(b) It shall be unlawful for any person properly committed thereto
to escape or attempt to escape from a hospital of the Service at which
addicts are treated and cared for, and any such person upon apprehension and conviction in a United States court shall be punished
by imprisonment for not more than five years, such sentence to begin
upon the expiration of the sentence for which such person was originally confined.

Contraband
cles.

Escapes.

aria.

702
Accomplices .

PUBLIC LAWS-CH . 373-JULY 1, 1944

[58 STAT.

(c) Any person who procures the escape of any person admitted
to a hospital of the Service at which addicts are treated and cared
for, or who advises, connives at, aids, or assists in such escape, or
who conceals any such inmate after such escape, shall be punished
upon conviction in a United States court by imprisonment in the
penitentiary for not more than three years .
PART

F-BIOLOGICAL

PRODUCTS

REGULATION OF BIOLOGICAL PRODUCTS
Sale, barter, or eaebange in D . C ., etc.

Manufacturers of
virus, etc.
License requirement.

Package
marking
requirement .

Effect of license sus
pension, etc .

False labels, etc .

Inspection of establishments for manufacture of virus, etc.

Issuance of licenses.
Standards required .

SEC . 351 . (a) No person shall sell, barter, or exchange, or offer
for sale, barter, or exchange in the District of Columbia, or send,
carry, or bring for sale, barter, or exchange from any State or possession into any other State or possession or into any foreign country,
or from any foreign country into any State or possession, any virus,
therapeutic serum, toxin, antitoxin, or analogous product,' or arsphenamine or its derivatives (or any other trivalent organic arsenic compound), applicable to the revention, treatment, or cure of diseases
or injuries of man, unless (p1) such virus, serum, toxin, antitoxin, or
other product has been propagated or manufactured and prepared
at an establishment holding an unsuspended and unrevoked license,
issued by the Administrator as hereinafter authorized, to propagate
or manufacture, and prepare such virus, serum, toxin, antitoxin, or
other product for sale in the District of Columbia, or for sending,
bringing, or carrying from place to place aforesaid ; and (2) each
package of such virus, serum, toxin, antitoxin, or other product is
plainly marked with the proper name of the article contained therein,
the name, address, and license number of the manufacturer, and the
date beyond which the contents cannot be expected beyond reasonable doubt to yield their specific results . The suspension or revocation of any license shall not prevent the sale, barter, or exchange of
any virus, serum, toxin, antitoxin, or other product aforesaid which
has been sold and delivered by the licensee prior to such suspension
or revocation, unless the owner or custodian of such virus, serum,
toxin, antitoxin, or other product aforesaid has been notified by the
Administrator not to sell, barter, or exchange the same .
(b) No person shall falsely label or mark any package or container
of any virus, serum, toxin, antitoxin, or other product aforesaid ; nor
alter any label or mark on any package or container of any virus,
serum, toxin, antitoxin, or other product aforesaid so as to falsify
such label or mark .
(c) Any officer, agent, or employee of the Federal Security Agency,
authorized by the Administrator for the purpose, may during all
reasonable hours enter and inspect any establishment for the propagation or manufacture and preparation of any virus, serum, toxin,
antitoxin, or other product aforesaid for sale, barter, or exchange in
the District of Columbia, or to be sent, carried, or brought from any
State or possession into any other State or possession or into any
foreign country, or from any foreign country into any State or
possession .
(d) Licenses for the maintenance of establishments for the propagation or manufacture and preparation of products described in subsection (a) of this section may be issued only upon a showing that the
establishment and the products for which a license is desired meet
standards, designed to insure the continued safety, purity, and
potency of such products, prescribed in regulations made jointly by
the Surgeon General, the Surgeon General of the Army, and the
Surgeon General of the Navy, and approved by the Administrator,

58 STAT.]

703

78TH CONG., 2D SESS.-CH. 373-JULY 1, 1944

and licenses for new products may be issued only upon a showing
that they meet such standards . All such licenses shall be issued,
suspended, and revoked as prescribed by regulations and all licenses
issued for the maintenance of establishments for the propagation or
manufacture and preparation, in any foreign country, of any such
products for sale, barter, or exchange in any State or possession shall
be issued upon condition that the licensees will permit the inspection
of their establishments in accordance with subsection (c) of this
section.
(e) No person shall interfere with any officer, agent, or employee
of the Service in the performance of any duty imposed upon him
by this section or by regulations made by authority thereof .
(f) Any person who shall violate, or aid or abet in violating, any
of the provisions of this section shall be punished upon conviction by
a fine not exceeding $500 or by imprisonment not exceeding one year,
or by both such fine and imprisonment, in the discretion of the court .
(g) Nothing contained in this Act shall be construed as in any
way affecting, modifying, repealing, or superseding the provisions
of the Federal Food, Drug, and Cosmetic Act (U . S. C., 1940 edition,
title 21, ch. 9) .
PREPARATION

OF

Conditions .

Interference with
Service officer, etc.

Punishment for violations.

52 Stat. 1040.
21 U . S . C . • 301

et seq. ; Supp. III, eh . 9.

BIOLOGICAL PRODUCTS

SEC. 352. (a) The Service may prepare for its own use any product described in section 351 and any product necessary to carrying
out any of the purposes of section 301 .
(b) The Service may prepare any product described in section
351 for the use of other Federal departments or agencies, and public
or private agencies and individuals engaged in work in the field of
medicine when such product is not available from establishments
licensed under such section .

Ante, p . 702 .
Ante, p . 691.

PART G-QUARANTINE AND INSPECTION
CONTROL

OF

COMMUNICABLE DISEASES

SEC . 361 . (a) The Surgeon General, with the approval of the
Administrator, is authorized to make and enforce such regulations
as in his judgment are necessary to prevent the introduction, transmission, or spread of communicable diseases from foreign countries
into the States or possessions, or from one State or possession into
any other State or possession . For purposes of carrying out and
enforcing such regulations, the Surgeon General may provide for such
inspection, fumigation, disinfection, sanitation, pest extermination,
destruction of animals or articles found to be so infected or contaminated as to be sources of dangerous infection to human beings,
and other measures, as in his judgment may be necessary .
(b) Regulations prescribed under this section shall not provide
for the apprehension, detention, or conditional release of individuals
except for the purpose of preventing the introduction, transmission,
or spread of such communicable diseases as may be specified from
time to time in Executive orders of the President upon the recommendation of the National Advisory Health Council and the Surgeon
General.
(c) Except as provided in subsection (d), regulations prescribed
under this section, insofar as they provide for the apprehension,
detention, examination, or conditional release of individuals, shall
be applicable only to individuals coming into a State or possession
from a foreign country, the Territory of Hawaii, or a possession .

Regulations .

Limitation on apprehension, etc., of
individuals.

Applicability.

704
Interstate spread of
diseases.

PUBLIC LAWS-CH. 373-JULY 1 , 1944

[58 STAT .

(d) On recommendation of the National Advisory Health Council,
regulations prescribed under this section may provide for the apprehension and examination of any individual reasonably believed to be
infected with a communicable disease in a communicable stage and
(1) to be moving or about to move from a State to another State ;
or (2) to be a probable source of infection to individuals who, while
infected with such disease in a communicable stage, will be moving
from a State to another State. Such regulations may provide that if
upon examination any such individual is found to be infected, he may
be detained for such time and in such manner as may be reasonably
necessary.
SUSPENSION OF ENTRIES AND IMPORTS FROM DESIGNATED PLACES
SEC. 362 . Whenever the Surgeon General determines that by reason
of the existence of any communicable disease in a foreign country
there is serious danger of the introduction of such disease into the
United States, and that this danger is so increased by the introduction
of persons or property from such country that a suspension of the
right to introduce such persons and property is required in the interest of the public health, the Surgeon General, in accordance with
regulations approved by the President, shall have the power to prohibit, in whole or in part, the introduction of persons and property
from such countries or places as he shall designate in order to avert
such danger, and for such period of time as he may deem necessary
for such purpose.
SPECIAL POWERS IN TIME OF WAR

SEC. 363. To protect the military and naval forces and war workers of the United States, in time of war, against any communicable
disease specified in Executive orders as provided in subsection (b)
of section 361, the Surgeon General, on recommendation of the
National Advisory Health Council, is authorized to provide by regulations for the apprehension and examination, in time of war, of any
individual reasonably believed (1) to be infected with such disease
in a communicable stage and (2) to be a probable source of infection to members of the armed forces of the United States or to
individuals engaged in the production or transportation of arms,
munitions, ships, food, clothing, or other supplies for the armed
forces . Such regulations may provide that if upon examination any
such individual is found to be so infected, he may be detained for
such time and in such manner as may be reasonably necessary .
QUARANTINE STATIONS
Control, etc.
40 Stat. 220 .
50 U . S . C ., Supp.
III, • 192.

Additional stations .

Quarantine inspection.

(a) Except as provided in title II of the Act of June
amended (U . S . C ., 1940 edition, title 50, sets . 191-194),
the Surgeon General shall control, direct, and manage all United
States quarantine stations, grounds, and anchorages, designate their
boundaries, and designate the quarantine officers to be in charge
thereof. With the approval of the President he shall from time to
time select suitable sites for and establish such additional stations,
rounds, and anchorages in the States and possessions of the United
Mates as in his judgment are necessary to prevent the introduction
of communicable diseases into the States and possessions of the
United States .
(b) The Surgeon General shall establish the hours during which
quarantine service shall be performed at each quarantine station,
and, upon application by any interested party, may establish quarSEC. 364.
15, 1917, as

58 STAT .]

78TH LONG ., 2n SESS .-CH. 373-JULY 1, 1944

705

antine inspection during the twenty-four hours of the day, or any
fraction thereof, at such quarantine stations as, in his opinion, require
such extended service . He may restrict the performance of quarantine inspection to hours of daylight for such arriving vessels as cannot, in his opinion, be satisfactorily inspected during hours of darkness . No vessel shall be required to undergo quarantine inspection
during the hours of darkness, unless the quarantine officer at such
quarantine station shall deem an immediate inspection necessary to
protect the public health. Uniformity shall not be required in the
hours during which quarantine inspection may be obtained at the
various ports of the United States .
CERTAIN DU`TL SS OF CONSULAR AND OTHER OFFICERS

365. (a) Any consular or medical officer of the United States,
designated for such purpose by the Administrator, shall make reports
to the Surgeon General, on such forms and at such intervals as the
Surgeon General may prescribe, of the health conditions at the port
or place at which such officer is stationed .
(b) It shall be the duty of the customs officers and of Coast Guard
officers to aid in the enforcement of quarantine rules and regulations ;
but no additional compensation, except actual and necessary traveling
expenses, shall be allowed any such officer by reason of such services .
SEC .

Reports of health
conditions.

Enforcement
regulations.

of

BILLS OF HEALTH
SEC. 366 . (a) Except as otherwise prescribed in regulations, any
vessel at any foreign port or place clearing or departing for any port
or place in a State or possession shall be required to obtain from the
consular officer of the United States or from the Public Health Service officer, or other medical officer of the United States designated by
the Surgeon General, at the port or place of departure, a bill of health
in duplicate, in the form prescribed by the Surgeon General . The
President, from time to time, shall specify the ports at which a medical officer shall be stationed for this purpose . Such bill of health
shall set forth the sanitary history and condition of said vessel, and
shall state that it has in all respects complied with the regulations
prescribed pursuant to subsection (c) . Before granting such duplicate bill of health, such consular or medical officer shall be satisfied
that the matters and things therein stated are true . The consular
officer shall be entitled to demand and receive the fees for bills of
health and such fees shall be established by regulation .
(b) Original bills of health shall be delivered to the collectors of
customs at the port of entry . Duplicate copies of such bills of health
shall be delivered at the time of inspection to quarantine officers at
such port . The bills of health herein prescribed shall be considered
as part of the ship's papers, and when duly certified to by the proper
consular or other officer of the United States, over his official signature and seal, shall be accepted as evidence of the statements therein
contained in any court of the United States.
(c) The Surgeon General shall from time to time prescribe regulations, applicable to vessels referred to in subsection (a) of this section for the purpose of preventing the introduction into the States
or possessions of the United States of any communicable disease by
securing the best sanitary condition of such vessels, their cargoes,
passengers, and crews . Such regulations shall be observed by such
vessels prior to departure, during the course of the voyage, and also
during inspection, disinfection, or other quarantine procedure upon
arrival at any United States quarantine station .
93650'A-45-PT . 1-45

Procurement by
vessel at port of
departure.

Contents.

Fees .

Delivery of originals
and duplicates.

Regulations .

706
Excepted vessels.

Certificate of quarantine officer.

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT.

(d) The provisions of subsections (a) and (b) of this section shall
not apply to vessels plying between such foreign ports on or near the
frontiers of the United States and ports of the United States as are
designated by treaty .
(e) It shall be unlawful for any vessel to enter any port in any
State or possession of the United States to discharge its cargo, or
land its passengers, except upon a certificate of the quarantine officer
that regulations prescribed under subsection (c) have in all respects
been complied with by such officer, the vessel, and its master. The
master of every such vessel shall deliver such certificate to the collector of customs at the port of entry, together with the original bill
of health and other papers of the vessel . The certificate required
by this subsection shall be procurable from the quarantine officer,
upon arrival of the vessel at the quarantine station and satisfactory
inspection thereof, at any time within which quarantine services are
performed at such station .
CIVIL AIR NAVIGATION AND Civil, AIRCRAFT
SEC . 367 . The Surgeon General is authorized to provide by regulations for the application to air navigation and aircraft of any
of the provisions of sections 364, 365, and 366 and regulations prescribed thereunder (including penalties and forfeitures for violations
of such sections and regulations), to such extent and upon such conditions as he deems necessary for the safeguarding of the public
health.
PENALIILS

Unlawful entry or
departure.

Forfeitures.

Proceedings .

Remission or mitigation.

SEC . 368. (a) Any person who violates any regulation prescribed
under sections 361, 362, or 363, or any provision of section 366 or any
regulation prescribed thereunder, or who enters or departs from the
limits of any quarantine station, ground, or anchorage in disregard
of quarantine rules and regulations or without permission of the
quarantine officer in charge, shall be punished by a fine of not more
than $1,000 or by imprisonment for not more than one year, or both .
(b) Any vessel which violates section 366, or any regulations thereunder or under section 364, or which enters within or departs from
the limits of any quarantine station, ground, or anchorage in disregard of the quarantine rules and regulations or without permission of the officer in charge, shall forfeit to the United States not
more than $5,000, the amount to be determined by the court, which
shall be a lien on such vessel, to be recovered by proceedings in the
proper district court of the United States . In all such proceedings
the United States district attorney shall appear on behalf of the
United States ; and all such proceedings shall be conducted in accordance with the rules and laws governing cases of seizure of vessels
for violation of the revenue laws of the United States .
(c) With the approval of the Administrator, the Surgeon General
may, upon application therefor, remit or mitigate any forfeiture
provided for under subsection (b) of this section, and he shall have
authority to ascertain the facts upon all such applications .
ADMINISTRATION OF OATHS
SEC. 369. Medical Officers of the United States, when performing
duties as quarantine officers at any port or place within the United
States, are authorized to take declarations and administer oaths in
matters pertaining to the administration of the quarantine laws and
regulations of the United States .

58 STAT .]

78TH CONG., 2n SESS .-CH. 373-JULY 1, 1944

707,

TITLE IV-NATIONAL CANCER INSTITUTE
TO BE A DIVISION IN NATIONAL INSTILUIR OF HEALTH
SEC . 401 . The National Cancer Institute shall be a division in the
National Institute of Health .
CANCER RESEARCH, AND SO FORTH

402 . In carrying out the purposes of section 301 with respect
to cancer the Surgeon General, through the National Cancer Institute
and in cooperation with the National Cancer Advisory Council,
shall(a) conduct, assist, and foster researches, investigations,
experiments, and studies relating to the cause, prevention, and
methods of diagnosis and treatment of cancer ;
(b) promote the coordination of researches conducted by the
Institute and similar researches conducted by other agencies,
organizations, and individuals ;
(c) provide training and instruction in technical matters relating to the diagnosis and treatment of cancer ;
(d) provide fellowships in the Institute from funds appropriated or donated for such purpose ;
(e) secure for the Institute consultation services and advice
of cancer experts from the United States and abroad ;
(f) cooperate with State health agencies in the prevention,
control, and eradication of cancer ;
(g) procure, use, and lend radium as provided in section 403 .
SEC.

Ante, p . 691 .

Fosto rin gof
research, etc .
Coordination of researches.
Technical training .
Fellowships.
Consultations.
Cooperation with
States .
Radium.

ADMINISTRATION
SEC . 403 . (a) In carrying out the provisions of section 402 all
appropriate provisions of section 301 shall be applicable to the
authority of the Surgeon General, and he is authorized(1) to purchase radium, from time to time, without regard to
section 3709 of the Revised Statutes, to make such radium available for the purposes of this title, both to the Service and by
loan to other agencies and institutions for such consideration
and subject to such conditions as he may prescribe ;
(2) to provide the necessary facilities where training and
instruction may be given in all technical matters relating to
diagnosis and treatment of cancer to persons found by the Surgeon General to have proper technical qualifications, and designated by him for such training or instruction, and to fix and
pay them a per diem allowance during such training or instruction of not to exceed $10 .
(b) The Surgeon General shall recommend acceptance of conditional gifts pursuant to section 501 of this Act, for study, investigation, or research into the cause, prevention, and methods of diagnosis
and treatment of cancer, or for the acquisition of grounds or for the
erection, equipment, or maintenance of premises, buildings, or equipment of the Institute, only after consultation with the National Cancer Advisory Council . Donations of $50,000 or over in aid of research
under this title may be acknowledged by the establishment within the
Institute of suitable memorials to the donors .
(c) In carrying out the purposes of section 402 grants-in-aid for
cancer projects shall be made only after review and recommendation
of the National Cancer Advisory Council made pursuant to section
404.

Purchase of radium
without advertising ;
availability .
41 U . S . C .•5.

Instruction of qual .
filed persons .

Allowance while
training .
Acceptance of conditional gifts.
Post, p. 709.

Grants-in-aid for
cancer projects .

PUBLIC LAWS-CH. 373-JULY 1, 1944

708

[58 STAT.

FUNCTIONS OF COUNCIL

404. The council is authorized(a) to review research projects or programs submitted to
or initiated by it relating to the study of the cause, prevention,
or methods of diagnosis and treatment of cancer, and certify
approval to the Surgeon General, for prosecution under section
402, of any such projects which it believes show promise of making valuable contributions to human knowledge with respect to
the cause, prevention, or methods of diagnosis and treatment
of cancer ;
(b) to collect information as to studies which are being carried on in the United States or any other country as to the
cause, , prevention, and methods of diagnosis and treatment of
cancer, by correspondence or byy personal investigation of such
studies, and with the approval of the Surgeon General make
available such information through the appropriate publications
for the benefit of health agencies and organizations (public or
private), physicians, or any other scientists, and for the information of the general public ;
(c) to review applications from any university, hospital,
laboratory, or other institution whether public or private, or
from individuals, for grants-in-aid for research projects relating
to cancer, and certify to the Surgeon General its approval of
grants-in-aid in the cases of such projects which show promise
of making valuable contributions to human knowledge with
respect to the cause, prevention, or methods of diagnosis or
treatment of cancer ;
(d) to recommend to the Surgeon General for acceptance conditional gifts pursuant to section 501 of this Act ; and
(e) to make recommendations to the Surgeon General with
respect to carrying out the provisions of this title .

SEC.
Review of research
projects.

Collection and dissemination of information .

Review of applications for grants-in-aid .

Recommendations.

APPROPRIATIONS
Limitation on use
for sites and construction .
Personal services .

41U.S .O .¢5 .

SEC . 405. Appropriations to carry out the purposes of this title
shall be available for the acquisition of land or the erection of buildings only if so specified, but in the absence of express limitation
therein may be expended in the District of Columbia for personal
services, stenographic recording and translating services, by contract
if deemed necessary, without regard to section 3709 of the Revised
Statutes ; traveling expenses (including the expenses of attendance at
meetings when specifically authorized by the Surgeon General) ;
rental, supplies and equipment, purchase and exchange of medical
books, books of reference, directories, periodicals, newspapers, and
press clippings ; purchase, operation, and maintenance of motorpropelled passenger-carrying vehicles ; printing and binding (in
addition to that otherwise provided by law) ; and for all other
necessary expenses in carrying out the provisions of this title .
OTHER WORK WITH RESPECT TO CANCER
SEC. 406. This title shall not be construed as limiting (a) the
functions or authority of the Surgeon General or the Public Health
Service under any other title of this Act, or of any other officer or
agency of the United States, relating to the study of the prevention,
diagnosis, and treatment of cancer ; or (b) the expenditure of money
therefor.

58 STAT.]

78TH CONG ., 2n SESS.-CH . 373-JULY 1, 1944
TITLE

709

V-MISCELLANEOUS

G=S
SECT. 501 . (a) The Administrator is authorized to accept on
behalf of the United States gifts made unconditionally by will or
otherwise for the benefit of the Service or for the carrying out of any
of its functions. Conditional gifts may be so accepted if recommended by the Surgeon General, and the principal of and income
from any such conditional gift shall be held, invested, reinvested,
and used in accordance with its conditions, but no gift shall be
accepted which is conditioned upon any expenditure not to be met
therefrom or from the income thereof unless such expenditure has
been approved by Act of Congress .
(b) Any unconditional gift of money accepted pursuant to the
authority granted in subsection (a) of this section, the net proceeds
from the liquidation (pursuant to subsection (c) or subsection (d)
of this section) 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 hereby
appropriated and shall be held in trust by the Secretary of the
Treasury for the benefit of the Service, 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 . Such gifts and the income from such investments
shall be available for expenditure in the operation of the Service
and the performance of its functions, subject to the same examination
and audit as is provided for appropriations made for the Service
by Congress .
(c) The evidences of any unconditional gift of intangible personal
property, other than money, accepted pursuant to the authority
granted in subsection (a) of this section shall be deposited with the
Secretary of the Treasury and he, in his discretion, may hold them,
or liquidate them except that they shall be liquidated upon the
request of the Administrator, whenever necessary to meet payments
required in the operation of the Service or the performance of its
functions . The proceeds and income from any such property held
by the Secretary of the Treasury shall be available for expenditure
a s is provided in subsection (b) of this section .
(d) The Administrator shall hold any real property or any tangible personal property accepted unconditionally pursuant to the
authority granted in subsection (a) of this section and he shall
permit such property to be used for the operation of the Service
and the performance of its functions 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 subsection (b) of this section : Provided, That
the income from any such real property or tangible personal property
shall be available for expenditure in the discretion of the 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
reqwired for the operation of the Service or the performance of its
functions may be liquidated by the Administrator, and the proceeds
thereof deposited with the Secretary of the Treasury, whenever in
his judgment the purposes of the gifts will be served thereby .
(e) Donations of $50,000 or over in aid of research may be
acknowledged by the establishment within the National Institute of
Health of suitable memorials to the donors .

Acceptance
o n

of ,r31-

certain conditional
gifts .

money.

intangible personal
property.

Expenditure of inCome'
Real property and
tangible personal

Use of income.

Li4uidationofproperty .

710

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT .

USE OF IMMIGRATION STATION HOSPITALS

Reimbursements.

Ante, p. 696 .

SEC. 502. The Immigration and Naturalization Service may, by
agreement of the heads of the departments concerned, permit the
Public Health Service to use hospitals at immigration stations for
the care of Public Health Service patients. The Surgeon General
shall reimburse the Immigration and Naturalization Service for the
actual cost of furnishing fuel, light, water, telephone, and similar
supplies and services, which reimbursement shall be covered into
the proper Immigration and Naturalization Service appropriation,
or such costs may be paid from working funds established as provided by law, but no charge shall be made for the expense of physical
upkeep of the hospitals . The Immigration and Naturalization Service shall reimburse the Surgeon General for the care and treatment
of persons detained in hospitals of the . Public Health Service at the
request of the Immigration and Naturalization Service unless such
persons are entitled to care and treatment under section 322 (a) .
MONEY COLLECTED FOR CARE OF PATIENTS
SEC. 503. Money collected as provided by law for expenses incurred
in the care and treatment of foreign seamen, and money received
for the care and treatment of pay patients, including any amounts
received from any executive department on account of care and
treatment of pay patients, shall be covered into the appropriation
from which the expenses of such care and treatment were paid .
CARE OF PUBLIC HEALTH SERVICE PA'11r3NTS AT SAINT ELIZABETHS HOSPITAL
SEC . 504 . Insane patients entitled to treatment by the Service shall
be admitted, upon order of the Administrator, into Saint Elizabeths
Hospital or, upon order of the Surgeon General, into any hospital,
institution, or station of the Service especially equipped for the
accommodation of such patients and shall be cared for and treated
therein until cured or until ordered removed by the officer authorizing such admittance .
SETTLEMENT OF CLAIMS

Poet, p. 867.

SEC. 505 . The Administrator may consider, ascertain, adjust, and
determine any claim which shall accrue, on account of damages
occasioned by collisions or incident to the operation of vessels of
the Service, and for which damages such vessels are found by him
to be responsible . To be considered for settlement under this section, claims must be presented to the Administrator within one year
of their accrual . The amount ascertained and determined to be due
any claimant, not exceeding $3,000 in any one case, shall be certified
to Congress as a legal claim for payment out of appropriations that
may be made therefor by Congress, together with a brief statement
of the character of each claim, the amount claimed, and the amount
allowed . Acceptance by any claimant of the amount determined to
be due under this section shall be deemed to be in full and final
settlement of such claim against the Government of the United States .
TRANSPORTATION OF REMAINS OF OFFICERS
SEC. 506. Appropriations available for traveling expenses of the
Service shall be available for meeting the cost of preparation for
burial and of transportation to the place of burial of remains of
commissioned officers, and of personnel specified in regulations, who
die in line of duty .

58 STAT .]

711

78TH LONG., 2D SESS.-CH. 373-JULY 1, 1944
SETTLEMENT OF ACCOUNTS OF DECEASED OFFICERS

SEC. 507. (a) In the settlement of the accounts of deceased commissioned officers where the amount due the decedent's estate is less
than $1,000 and no demand is presented by a duly appointed representative of the estate, the accounting officers may allow the amount
found due to the decedent's widow or legal heirs in the following
order of precedence : First, to the widow ; second, if the decedent
left no widow, or the widow be dead at time of settlement, then to
the children or their issue, per stirpes ; third, if no widow or children
or their issue, then to the father and mother in equal parts, provided
the father has not abandoned the support of his family, in which
case to the mother alone ; fourth, if either the father or mother be
dead, then to the one surviving ; fifth, if there be no widow, child,
father, or mother at the date of settlement, then to the brothers and
sisters and children of deceased brothers and sisters, per stirpes .
(b) Subsection (a) shall not be construed so as to prevent payment of funeral expenses from the amount due the decedent's estate
if a claim therefor is presented, before settlement by the accounting
officers, by the person or persons who actually paid such expenses .

Funeral expenses.

TRANSFER OF FUNDS
SEC. 508 . For the purpose of any reorganization under section 202,
the Administrator, with the approval of the Director of the Bureau
of the Budget, is authorized to make such transfers of funds between
appropriations as may be necessary for the continuance of transferred
functions.

Ante, p. 683 .

AVAILABILITY OF APPROPRIATIONS
SEC. 509 . Appropriations for carrying out the provisions of section
301 shall be available for expenditure for personal services and rent
at the seat of Government, for books of reference, periodicals, and
exhibits, and for printing and binding .
UNAUTHORIZED WEARING OF UNIFORMS
SEC. 510 . Except as may be authorized by regulations of the President, the insignia and uniform of commissioned officers of the Service,
or any distinctive part of such insignia or uniform, or any insignia
or uniform any part of which is similar to a distinctive part thereof,
shall not be worn, after the promulgation of such regulations, by
any person other than a commissioned officer of the Service, and
any person violating this section shall be subject to the penalties
provided by the Act of June 3, 1916, as amended (U . S . C ., 1940
edition, title 10, sec . 1393), in the case of unlawful wearing of the
uniform of commissioned officers of the Army .
ANNUAL REPORT
SEC. 511 . The Surgeon General shall transmit to the Administrator, for submission to the Congress at the beginning of each regular
session, a full report of the administration of the functions of the
Service under this Act, including a detailed statement of receipts
and disbursements.

TITLE VI-TEMPORARY AND EMERGENCY PROVISIONS
AND AMENDMENTS AND REPEALS
EXISTING POSITIONS, PROCEDURES, AND SO FORTH
SEC. 601 . (a) The provisions of this Act shall not affect the term
or tenure of office or employment of the Surgeon General, or of any

39 Stat. 216.
10 U . S . C ., Supp.
III,
1393 .

•

712

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT.

officer or employee of the Service, or of any member of the National
Advisory Health Council or the National Advisory Cancer Council,
in office or employed at the time of its enactment .
(b) Notwithstanding the provisions of this Act, existing positions,
divisions, committees, and procedures in the Service shall continue
unless and until abolished, changed, or transferred pursuant to
authority granted in this Act .
EXISTING REGULATIONS, AND SO FORTH
SEC. 602 . Notwithstanding the provisions of this Act, existing
rules, regulations of or applicable to the Service, and Executive
orders, shall remain in effect until repealed, or until modified or
superseded by regulations made in accordance with the provisions
of this Act .
FUNDS, APPROPRIATIONS, AND PROPERTY
SEC. 603. All appropriations, allocations, and other funds, and all
properties available for use by the Public Health Service or any
division or unit thereof shall continue to be available to the Service .
APPROPRIATIONS FOR EMERGENCY HEALTH AND SANITATION ACTIVITIES
SEC. 604. For each fiscal year during the continuance of the present war and during any period of demobilization after the war, there
is hereby authorized to be appropriated such sum as may be necessary
to enable the Surgeon General, either directly or through State health
authorities, to conduct health and sanitation activities in areas adjoining military or naval reservations within or without the United
States, in areas where there are concentrations of military or naval
forces, in Government and private industrial plants engaged in
defense work, and in areas adjoining such industrial plants .
EMPLOYEES' COMPENSATION

39 Stat. 743 .
Election of benefits .
Infra .

39 Stat. 750 .
"Employee."

SEC . 605 . (a) Section 7 of the Act of September 7, 1916, entitled
"An Act to provide compensation for employees of the United States
suffering injuries while in the performance of their duties, and for
other purposes", as amended (U . S . C., 1940 edition, title 5, sec . 757),
is amended by changing the period at the end thereof to a colon and
adding the following : "Provided, That whenever any person is
entitled to receive any benefits under this Act by reason of his injury,
or by reason of the death of an employee, as defined in section 40,
and is also entitled to receive from the United States any payments
or benefits (other than the proceeds of any insurance policy), by
reason of such injury or death under any other Act of Congress,
because of service by him (or in the case of death, by the deceased)
as an employee, as so defined, such person shall elect which benefits
he shall receive. Such election shall be made within one year after
the injury or death, or such further time as the Commission may
for good cause allow, and when made shall be irrevocable unless
otherwise provided by law ."
(b) The definition of the term "employee" in section 40 of such
Act of September 7, 1916, as amended (U . S. C ., 1940 edition, title 5,
sec. 790), is amended to read as follows :
"The term `employee' includes all civil employees of the United
States and of the Panama Railroad Company, commissioned officers
of the Regular Corps of the Public Health Service, officers in the
Reserve of the Public Health Service on active duty, and all persons,
other than independent contractors and their employees, employed on

58STAT.]

713

78TH CONG ., 2D SESS .-CH. 373-JULY 1, 1944

the Menominee Indian Reservation in the State of Wisconsin, subsequent to September 7, 1916, in operations conducted pursuant to the
Act entitled `An Act to authorize the cutting of timber, the manufacture and sale of lumber, and the preservation of the forests on the
Menominee Indian Reservation in the State of Wisconsin,' approved
March 28, 1908, as amended, or any other Act relating to tribal
timber and logging operations on the Menominee Reservation ."
(c) In the case of injury or death of a commissioned officer of the
Service occurring after November 10, 1943, and on or before the date
of the termination of the present war, the election required by section 7 of such Act of September 7, 1916, as amended (U . S . C ., 1940
edition, title 5, sec . 757), may be made, and the notice required by
section 15 thereof and the written claim required by section 18 thereof
may be filed, within such time as may be provided by regulations of
the United States Employees' Compensation Commission, but not
later than the expiration of one year following the termination of
the present war. Prior to the expiration of such year any such
election may be revised, and such revision shall operate retroactively
to the date of death or injury, but there shall be deducted from the
compensation or other benefit payable pursuant to a revised election
any sum (except the proceeds of any insurance policy) theretofore
paid on account of such death or injury.
(d) In the case of death of a commissioned officer of the Service
which occurred after December 7, 1941, and prior to November 11,
1943, the rights provided to surviving beneficiaries by section 10
of the Public Health Service Act of 1943 shall continue notwithstanding the repeal of that Act . Such beneficiaries, in addition to
the right to receive six months' pay, shall have the same right of
election and of revising elections as is provided by subsection (c) of
this section, except that in case of a revised election no deduction shall
be made on account of such six months' pay .

Menominee Indian
Reservation, Wis.

35 Stat . 51.
Commissioned officers of the Service .
39 Stat. 743 .
Ante, p . 712.
39 Stat. 746,
5 U . S . C . •• 765, 768.

Revision of election.

57 Stat. 589 .
42 U. S . C., Supp .
III, • 1i .
Post, p. 719 .

COMPUTATION OF RETIRED PAY IN CERTAIN CASES

606. In the case of commissioned officers of the Service
appointed prior to the enactment of this Act, there shall be included,
in determining retired pay pursuant to section 211 (c) (1), noncommissioned service in the Public Health Service, as well as all
commissioned service .
SEC.

Ante, p. 688.

ALLOWANCES FOR UNIFORMS TO CERTAIN COMMISSIONED PERSONNEL
SEC . 607. Each commissioned officer of the Service who was
appointed to the Regular Corps or called to active duty in the Reserve
Corps since December 7, 1941, and prior to the enactment of this
Act, and who on or after November 11, 1943, was on active duty in
the grade of junior assistant, assistant, or passed assistant and was
receiving the pay of the first, second, or third pay period, shall
be entitled to receive an allowance of $250 for uniforms and equipment .
PATIENTS OF SAINT ELIZABETHS HOSPITAL IN PUBLIC HEALTH
SERVICE HOSPITALS
SEC . 608. Insane patients entitled to treatment in Saint Elizabeths
Hospital who may heretofore or hereafter, during the continuance
of the present war, or during the period of six months thereafter,
have been admitted to hospitals of the Service, may continue to be
cared for and treated in such hospitals notwithstanding the termination of such period .

Post, p. 856.

714

PUBLIC LAWS-CH. 373-JULY 1, 1944

[58 STAT .

ELIGIBILII x OF OSTEOPATHS TO APPOINTMENT IN THE RESERVE CORPS
SEC. 609 . For the duration of the present war and for six months
thereafter graduates of reputable osteopathic colleges shall be eligible
for appointment as reserve officers in the Service .
TEMPORARY PROVISIONS RESPECTING MEDICAL AND HOSPITAL BENEFITS
Women's Reserve of
Coast Guard.
Benefits.
Ante, p . 697 .
Husbands and children of members.

Lightkeepers, etc.

40 Stat . 608.

Ante, p. 696.

Ante, p. 696 .

SEC. 610 . (a) Subject to regulations of the President, members of
the Women's Reserve of the Coast Guard, or their dependents, shall
be entitled to the benefits provided by section 326 for male officers
and enlisted men of the Coast Guard or their dependents : Provided,
That the husbands of such members shall not be considered dependents, and the children of such members shall not be considered
dependents unless their father is dead or they are in fact dependent
on their mother for their chief support .
(b) Subject to regulations of the President, lightkeepers, assistant
lightkeepers, and officers and crews of vessels of the former Lighthouse Service, including any such persons who subsequent to June
30, 1939, have involuntarily been assigned to other civilian duty in
the Coast Guard, who were entitled to medical relief at hospitals
and other stations of the Public Health Service prior to enactment
of this Act, and who are now or hereafter on active duty or who
have been or may hereafter be retired under the provisions of section
6 of the Act of June 20, 1918, as amended (U . S . C ., 1940 edition,
title 33, sec . 763), shall be entitled to medical, surgical, and dental
treatment and hospitalization at hospitals and other stations of the
Public Health Service : Provided, That such persons while on active
duty shall also be entitled to care and treatment in accordance with
the provisions of section 322 (e) of this Act .
(c) For the duration of the present war and for six months thereafter, seamen employed on foreign-flag vessels which are owned or
operated by citizens of the United States or by corporations incorporated under the law of the United States or of any State shall
be entitled to the same benefits as are provided by section 322 (a)
(1) for seamen employed on vessels of the United States .
REPEAL OF EXISTING . LAW

The following statutes or parts of statutes are hereby
repealed
The two paragraphs under the subheading "Marine-hospital
establishment (customs :)" under the heading `Under the Treasury
Department" in section 3689 in title XLI of the Revised Statutes of
the United States ;
Sections 4801, 4802, 4803, 4804, 4805, and 4806 in title LIX of the
Revised Statutes of the United States ;
The last paragraph under the heading "Miscellaneous" in chapter
130, 18 Statutes at Large 371, which paragraph is the seventh beginning on page 377 ;
Chapter 156, 18 Statutes at Large 485 ;
Chapter 66, 20 Statutes at Large 37 ;
Chapter 202, 20 Statutes at Large 484 ;
Chapter 61, 21 Statutes at Large 46 ;
Section 1, and the final clause of section 2 (which reads as follows
"and the said quarantine stations when so established shall be conducted by the Marine Hospital Service under regulations framed in
accordance with the Act of April twenty-ninth, eighteen hundred and
seventy-eight"), of chapter 727, 25 Statutes at Large 355 ;
Chapter 19, 25 Statutes at Large 639
SEC . 611 .

31 U. S. C .•711 .
24 U . S. C . • 2 ; 42
U . S . C . ••4 11-24
U . S . C . •• 26a, '12, 11a,
7.
42 U . S. 0 . • 10.
24 U . S. 0 . •• 1, 7,
193, 11, 11a .
4z U .S.C . ••86,92a.

42 U. S. C . • 106 .
42 U . S . C .••12,13 .

58 STAT .]

78TH CONG ., 2u SESS .-CH. 373-JULY 1, 1944

715

42 . S. 0. •• 95,
Chapter 51, 26 Statutes at Large 31 ;
107 U108
The last sentence of the paragraph headed "Office of the Supervising Surgeon General, Marine Hospital Service" in chapter 541,
42 U . S . C . o s.
26 Statutes at Large 908, which appears at page 923 and reads as
follows : "And hereafter, the Supervising Surgeon General is hereby
authorized to cause the detail of two surgeons and two passed assistant surgeons for duty in the Bureau, who shall each receive the pay
and allowances of their respective grades in the general service ." ;
42 U . S. C . • 81 et seq .
Chapter 114, 27 Statutes at Large 449 ;
The last sentence of the paragraph headed "Office of Supervising
Surgeon General, Marine Hospital Service", in chapter 174, 28
Statutes at Large 162, which appears at page 179 and which reads as 42 U . S. C . • 15.
follows : "And hereafter the Supervising Surgeon General of the
Marine Hospital Service is hereby authorized to cause the detail of
an additional medical officer and one hospital steward for duty in
the Bureau, who shall each receive the pay and allowances of his
respective grade in the general service ." ;
24 U. S . C . •8.
Chapter 213, 28 Statutes at Large 229 ;
42 U . S . C . • 82 .
Chapter 300, 28 Statutes at Large 372 ;
The last sentence of the paragraph headed "Office of Supervising
Surgeon General, Marine Hospital Service", in chapter 177, 28
42U . S . C . • 15a.
Statutes at Large 764, which appears at page 780 and which reads
as follows : "And hereafter the Supervising Surgeon General of the
Marine Hospital Service is hereby authorized to cause the detail of
two hospital attendants from the port of New York for duty in the
laboratory of the Bureau, and who shall each receive the pay equivalent to the compensation of a first-class hospital attendant." ;
The proviso at the end of the paragraph headed "Office of Supervising Surgeon-General Marine-Hospital Service" in chapter 265,
42101-13- 0-11929 Statutes at Large 538, which appears at page ,554 and which reads
as follows : "Provided, That the Secretary of the Treasury is hereby
authorized, in his discretion, to grant to the medical officers of the
Marine-Hospital Service commissioned by the President, without
deduction of pay, leaves of absence for the same period of time and
in the same manner as is now authorized to be granted to officers of
the Army by the Secretary of War" ;
Chapter 349, 30 Statutes at Large 976 ;
48 U. S . o. • 743.
Section 10, chapter 191, 31 Statutes at Large 77, at page 80 ;
The first paragraph of section 97 of chapter 339, 31 Statutes at
48 U. S . C . • 508.
Large 141 ;
42 U . S . C . •• 83,
Chapter 836, 31 Statutes at Large 1086 ;
That portion of the third paragraph of section 84 of chapter 1369, 99,102 .
32 Statutes at Large 691, which appears at page 711 and which reads 48 U. S . 0. • 1011 .
as follows : "and the provisions of law relating to the public health
and quarantine shall apply in the case of all vessels entering a port
of the United States or its aforesaid possessions from said islands,
where the customs officers at the port of departure shall perform the
duties required by such law of consular officers in foreign ports" ;
42 U. S . C . • 1 et seq.
Chapter 1370, 32 Statutes at Large 712 ;
42 U. S . 0. •• 141Chapter 1378, 32 Statutes at Large 728 ;
Chapter 1443, 33 Statutes at Large 1009 ;
1442. U. S . C. •• 121The last sentence of the last paragraph under the heading "Public 125
Health and Marine Hospital Service" in chapter 1484, 33 Statutes at
Large 1214, which appears at page 1217 and which reads as follows : 31 U. S . C . • 583 (6) .
"And the Secretary of the Treasury shall, for the fiscal year nineteen
hundred and seven, and annually thereafter, submit to Congress, in
the regular Book of Estimates, detailed estimates of the expenses of
maintaining the Public Health and Marine Hospital Service," ;
Public Resolution Numbered 21, 33 Statutes at Large 1283 ;

716
42 U. S . 0 . •• 85, 96,
101,103-105 .

42 U. S. 0 ., Supp .
• 69 .

nl,

42 U . S. 0. • 1 et seq.

24 U .S . C . • 9 .

14 U.S .O .•59 .

42 U. S . C. •• 131135 .
8U.S .0 .•152.

42 U. S . 0 . • 87.
42 U . S . O . • 16 .
42 U . S. O . • 20.

PUBLIC LAWS-CH. 373 JULY 1, 1944

[58 STAT.

Chapter 3433, 34 Statutes at Large 299 ;
Section 17 of chapter 1134, 34 Statutes at Large 898, at page 903 ;
That portion of the third paragraph under the heading "Back
Pay and Bounty" in chapter 200, 35 Statutes at Large 373, as amended
by chapter 213, 52 Statutes at Large 352, which is at page 352 of 52
Statutes at Large and which reads as follows : "and of deceased commissioned officers of the Public Health Service" ;
The proviso in the tenth paragraph under the heading "Public
Health and Marine Hospital Service" in chapter 285, 36 Statutes at
Large 1363, which appears in the eighth paragraph on page 1394
and which reads as follows : " Provided, That there may be admitted
into said 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", and the substantially similar provisions
a pearing under the heading "Public Health and Marine Hospital
ervice" or the heading "Public Health Service" in the following
statutes : Chapter 355, 37 Statutes at Large 417, at page 435 ; chapter 3, 38 Statutes at Large 4, at page 24 ; chapter 209, 39 Statutes
at Large 262, at page 278 ; chapter 28, 40 Statutes at Large 459,
at page 468 ; chapter 113, 40 Statutes at Large 634, at page 644 ; chapter 24, 41 Statutes at Large 163, at page 175 ;
Chapter 288, 37 Statutes at Large 309 ;
The proviso at the end of the last paragraph under the heading
"Public Health Service" in chapter 149, 37 Statutes at Large 912,
which appears at page 915 and which reads as follows : " Provided,
That hereafter the director of the Hygienic Laboratory shall receive
the pay and allowances of a senior surgeon" ;
That portion of the second paragraph under the heading "Public
Health Service" in chapter 3, 38 Statutes at Large 4, which appears
at page 23 and which reads as follows : "at least six of the assistant
surgeons provided for hereunder shall be required to have had a special training in the diagnosis of insanity and mental defect for duty
in connection with the examination of arriving aliens with special
reference to the detection of mental defection ;";
The proviso at the end of the twelfth paragraph under the heading "Public Health Service" in chapter 3, 38 Statutes at Large 4,
which appears at page 24 and which reads as follows : "Provided,
That hereafter commissioned officers and pharmacists, and those
employees of the Service devoting all their time to field work, shall
be entitled to hospital relief when taken sick or injured in line of
duty" ;
The last clause -of chapter 124, 38 Statutes at Large 387, which
reads as follows : "and the said Secretary is hereby authorized to
detail for duty on revenue cutters such surgeons and other persons of
the Public Health Service as he may deem necessary" ;
Section 5 of chapter 414, 39 Statutes at Large 536, at page 538 ;
Chapter 26, 39 Statutes at Large 872 ;
That portion of section 16 of chapter 29, 39 Statutes at Large 874,
which appears at page 885 and which reads as follows : "who shall
have had at least two years' experience in the practice of their
profession since receiving the degree of doctor of medicine, and" ;
The sixth parf~graph under the heading "Public Health Service"
in chapter 3, 40 Statutes at Large 2, at page 6 ;
The seventh paragraph under the heading "Bureau of Mines" in
chapter 27, 40 Statutes at Large 105, which is the third full paragraph appearing on page 146 ;
Chapter 37, 40 Statutes at Large 242 ;
The proviso in the fourth paragraph under the heading "Public
Health Service" in chapter 113, 40 Statutes at Large 634, which

58 STT .7

78TH GONG., 2n SESS.-OH. 373-JULY 1, 1944

appears at page 644 and which reads as follows : "Provided, That the
pay of attendants at marine hospitals, quarantine and immigration
stations, whose present compensation is less than the rate of $1,200
per annum, may be increased to a rate not to exceed $1,200 per
annum" ;
The proviso in the eleventh paragraph under the heading "Public
Health Service" in chapter 113, 40 Statutes at Large 634, which
appears at page 644 and which reads as follows : "Provided, That the
Public Health Service, from and after July first, nineteen hundred
and eighteen, shall pay to Saint Elizabeths Hospital the actual per
capita cost of maintenance in the said hospital of patients committed
by that Service" ;
The sixtieth paragraph under the heading "Bureau of Fisheries"
in chapter 113, 40 Statutes at Large 634, which is the fourth full
paragraph appearing on page 694 ;
Sections 1, 3, 4, 6, and 7 of chapter XV of chapter 143, 40 Statutes
at Large 845, at page 886 ;
The thirteenth paragraph under the heading "General Expenses,
Bureau of Chemistry" in chapter 178, 40 Statutes at Large 973,
which is the second full paragraph appearing on page 992 ;
Section 2 of chapter 179,40 Statutes at Large 1008 ;
Chapter 196, 40 Statutes at Large 1017 ;
Chapter 98, 40 Statutes at Large 1302 ;
The last paragraph under the heading "Public Health Service"
in chapter 6, 41 Statutes at Large 35, which is the sixth full paragraph
appearing on page 45 ;
The proviso at the end of the first paragraph under the heading
"Public Health Service" in chapter 94, 41 Statutes at Large 503,
which appears at page 507, and which reads as follows : " Provided,
That the Secretary of the Treasury is authorized to make regulations
governing the disposal of articles produced by patients 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" ;
The second paragraph under the heading "Public Health Service"
in chapter 94, 41 Statutes at Large 503, which is the seventh full
paragraph appearing on page 507 ;
The last paragraph under the heading "Public Health Service"
in chapter 94, 41 Statutes at Large 503, which is the seventh full
paragraph appearing on page 508, and the substantially similar provisions in chapter 161, 41 Statutes at Large 1367, at page 1378 ;
The fourth paragraph under the heading "Quarantine Stations"
in chapter 235, 41 Statutes at Large 874, which is the eighth full
paragraph appearing on page 875 ;
The third paragraph under the heading "Public Health Service"
in chapter 235, 41 Statutes at Large 874, which is the ninth full
paragraph appearing on page 883 ;
Chapter 80, 41 Statutes at Large 1149 ;
The second paragraph under the heading "Public Health Service"
in chapter 23, 42 Statutes at Large 29, which is the thirteenth full
paragraph appearing on page 38 ;
The proviso at the end of section 4 of chapter 57, 42 Statutes at
Large 147, which appears at page 148, and which reads as follows :
"Provided, That all commissioned personnel detailed or hereafter
detailed from the United States Public Health Service to the Veterans' Bureau, shall hold the same rank and grade, shall receive the
same pay and allowances, and shall be subject to the same rules for
relative rank and promotion as now or hereafter may be provided

24 U . S. 0 . 1196.

24 U . 8 . O . • 10.
42 U . S. C . •• 24,
25,28 .
42 U. S . C. • 17.
42 U . 8 . O. • 9.
42 U. S . C. • 18.
24 U. 8 .0 . •• 20,28;
42 U . 8. o. • 43.

42 U . 8 . 0 . 6 32 .

42 U . S . 0. • 33.

42 U . S . C . • 31 .
42 U . 8. O . • 82.

718

PUBLIC LAWS-CH. 373-JULY 1, 1944

42 U. S. 0 . • 16 and
note,

c.

8 U. S .
• 117 and
note ; Supp .111, • 117 .

42

v. S . 0 . • 82.

49

u. S . 0 . • 177 (b) .

49 U. S .

o. • 181(b).

[58 STAT.

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 heading "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 heading "Public
Health Service" in chapter 258, 42 Statutes at Large 767, which
appears at page 776 and which reads 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
heading "Public Health Service" in chapter 84, 43 Statutes at Large
64, which appears at page 75 and which reads 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 heading "Public
Health Service" in chapter 87, 43 Statutes at Large 763, at page 775 ;
chapter 43, 44 Statutes at Large 136, at page 147 ; 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 ;t chapter 725,
49 ~tatutes 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 chapter 475, 56
Statutes at Large 562, at page 581 ;
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, at page 572 ;
The words "or public-health" in section 11 (b) (2) of chapter 344,
44 ,Statutes at Large 568, at page 574, as amended ;
Section 3 of chapter 371, 44 Statutes at Large 622, at page 626 ;
Chapter 625, 45 Statutes at Large 603 ;
The proviso at the end of the fifth paragraph under the heading
"Public Health Service" in chapter 39, 45 Statutes at Large 1028,
which appears at page 1039, and which reads 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 heading
"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 725, 49 Statutes at Large 1827, at page 1839 ; chapter 180,
50 Statutes at Large 137, at page 148 ; chapter 55, 52 Statutes at

58 STAT.]

78TH CONG., 2n SESS.-CH. 373-JULY 1, 1944

719

Large 120, at page 132 ; chapter 428, 54 Statutes at Large 574, at page 42 U. S . C. • 68.
584 ; chapter 269, 55 Statutes at Large 466, at page 480 ;
X21 U. S . C . •• 221Chapter 82, 45 Statutes at Large 1085 ;
The second paragraph under the heading "Government in the
48 U . S . C . • 46a .
Territories" in chapter 707, 45 Statutes at Large 1623, which is the
seventh full paragraph on page 1644 ;
So much of chapter 70, 46 Statutes at Large 81, as reads : ", and at
his discretion to permit the erection of other buildings which may in
the future be donated to promote the welfare of patients and personnel" ;
$ 42 U. S. C . • 8a et
Chapter 125, 46 Statutes at Large 150 ;
42 U . S44
hapter
320,
46
Statutes
at
Large
379
;
C
'u• 1, c,,
• 286 .
Section 4 of chapter 488, 46 Statutes at Large 585 ;
U. S . c. •• 225,
Chapter 597, 46 Statutes at Large 807 ;
196 .
33 U. S . C . • 763b .
Chapter 409, 46 Statutes at Large 1491 ;
. C . •• 82a,
S
The words "or public health" in the last sentence of section 2 of 94a-94e.
49 U . S . C . • 181 (b) .
chapter 656, 48 Statutes at Large 1116 ;
The ninth paragraph under the heading "Public Health Service"
in chapter 110, 49 Statutes at Large 218, which is the second full 31 U . S . C . • 486a .
paragraph appearing on page 229 ;
U . S . C . •• 801Title VI of chapter 531, 49 Statutes at Large 620, at page 634,
803 .
42
U . S . C . • 6a.
Chapter 161,49 Statutes at Large 1185 ;
14 U . S . c. • 71 .
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
heading "Public Health Service" in chapter 725, 49 Statutes at Large
S . 0.
1827, which appears at page 1840 and which reads as follows : "ProThat
on
and
after
July
1,
1936,
the
Narcotic
Farm
at
Lexingvided,
ton, 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 heading "Public Health Service"
in chapter 180, 50 Statutes at Large 137, which is the sixth full 42 U. S . C . • 67 .
paragraph on page 148 ;
24 U. S . C . • 8 .
Section 2 of chapter 545, 50 Statutes at Large 547, at page 548 ;
13
4g U . S . C . •• 137Chapter 565, 50 Statutes at Large 559 ;
The first proviso in the paragraph having the subhead "Division of
Mental Hygiene" under the heading "Public Health Service" in
chapter 55, 52 Statutes at Large 120, which appears at page 134 and 21 U. S . C . • 222b.
which reads 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 :" ;
2Z42 U . S. C . •• 25aChapter 267, 52 Statutes at Large 439 ;
;
Chapter 92, 53 Statutes at Large 620 ;
3342s: c . •8.69• 17e
lib.
Chapter 606, 53 Statutes at Large 1266 ;
42 U . S. C . •
Chapter 636, 53 Statutes at Large 1338 ;
.
Section 509 of chapter 666, 53 Statutes at Large 1360, at page 1381 ; 42 U. S. c. • 801
Section 205 (b) of Reorganization Plan Numbered I, 53 Statutes 5 U . S . C . • 133t
at Large 1423, at page 1425 ;
note .
42 U . S . C . • 82 .
Chapter 566, 54 Statutes at Large 747 ;
The fourth paragraph under the heading "Public Health Service" 42 U . S C ., Supp.
III, •• 37 note, 18b .
in Public Law 11, Seventy-eighth Congress ; and
57 Stat . 587 .
Public Law .184 Seventy-eighth Congress .
42 U . S . C ., Supp.
III, •• la-1j, 37 .

i
720

PUBLIC LAWS-CHS. 373-376-JULY 1, 1944

[58 STAT.

PRESERVATION OF RIGHTS AND LIABILITIES

SEC. 612. The repeal of the several statutes or parts of statutes
accomplished by section 611 shall not affect any act done, or any right
accruing or accrued, or any suit or proceeding had or commenced
in any civil cause, before such repeal, but all rights and liabilities
under the statutes or parts thereof so repealed shall continue, and
may be enforced in the same manner, as if such repeal had not been
made.
Approved July 1, 1944 .

[CHAPTER 374]
July 1, 1644
[H . R .4728]
[Public Law 4111

Defense housing.

57 Stat. 387.
42 U. S . C., Supp.
III, • 1523.

50 U . S . C., Supp.
III, app. • 1152 (a) .

AN ACT
To amend the Act entitled "An Act to expedite the provision of housing in connection with national defense, and for other purposes", approved October 14,
1940, as amended .

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That section 3
of the Act entitled "An Act to expedite the provision of housing in
connection with national defense, and for other purposes", approved
October 14, 1940 (54 Stat . 1125), as amended, is amended by inserting after the word "it" in the last proviso of said section 3 the phrase
", as a claimant agency under the controlled materials plan established pursuant to subsection (a) of section 2 of the Act entitled `An
Act to expedite national defense, and for other purposes', approved
June 28, 1940 (54 Stat . 676), as amended,", and by deleting the words
"for persons engaged in national defense activities" from the last
proviso of said section 3 .
Approved July 1, 1944 .
[CHAPTER 375]

July 1, 1944
[H . R. 4802]
[Public Law 412]

Mississippi River .
Time extended for
bridging, at Memphis, Tenn.
53 Stat . 1338; 54
Stat. 962 ; 55 Stat. 775 ;
57 Stat. 163.

AN ACT

To extend the times for commencing and completing the construction of abridge
across the Mississippi River at or near Memphis, Tennessee .

Be it enacted by the Senate and House o f Representatives o f the
United States o f America in Congress assembled, That the times
for commencing and completing the construction of a bridge across
the Mississippi River, at or near Memphis, authorized to be built
by the Memphis and Arkansas Bridge Commission by an Act of
Congress approved August 10, 1939, and heretofore extended by
Acts of Congress approved September 27, 1940. November 21, 1941,
and June 23, 1943, are hereby extended two and four years, respectively, from August 10, 1944.
SEC . 2. The right to alter, amend, or repeal this Act is hereby
expressly reserved .
Approved July 1, 1944 .
[CHAPTER 376]

July 1, 1944
[H . R. 4810]
,[Public Law 413]

Selective Training
and Service Act of
1940, amendment.

AN ACT
To extend the provisions of the Selective Training and Service Act of 1940, as
amended, to the Virgin Islands.

Be it enacted b y the Senate and House o f Representatives o f the
United States of America in Congress assembled, That section 15 (b)
of the Act of September 16, 1940 (54 Stat . 896 ; 50 U. S . C., App .,
sec . 315 (b) ), is amended to read as follows :