
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC253a]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 6A--PUBLIC HEALTH SERVICE
 
                SUBCHAPTER II--GENERAL POWERS AND DUTIES
 
        Part C--Hospitals, Medical Examinations, and Medical Care
 
Sec. 253a. Medical services to retired personnel of National 
        Oceanic and Atmospheric Administration
        

(a) Eligibility

    Subject to regulations of the President, retired ships' officers and 
retired members of the crews of vessels of the National Oceanic and 
Atmospheric Administration shall be entitled to medical, surgical, and 
dental treatment and hospitalization by the Public Health Service if the 
ships' officer or crew member, (1) was on active duty as a vessel 
employee of the National Oceanic and Atmospheric Administration on July 
1, 1963, or on July 19, 1963, whichever is later, and his employment as 
a vessel employee was continuous from that date until retirement, or (2) 
was retired as a vessel employee of the National Oceanic and Atmospheric 
Administration on or before July 1, 1963, or on July 19, 1963, whichever 
is later.

(b) Treatment of dependents of personnel

    Subject to regulations of the President, dependent members of 
families (as defined in such regulations) of ships' officers and members 
of crews of vessels of the National Oceanic and Atmospheric 
Administration, whether such, ships' officers and members of crew are on 
active duty or retired, shall be furnished medical advice and outpatient 
treatment by the Public Health Service and, if suitable accommodations 
are available, they shall also be furnished hospitalization by the 
Public Health Service if the ships' officer or crew member (1) was on 
active duty as a vessel employee of the National Oceanic and Atmospheric 
Administration on July 1, 1963, or on July 19, 1963, whichever is later, 
and his employment as a vessel employee has been continuous from that 
time, or (2) was on active duty as a vessel employee of the National 
Oceanic and Atmospheric Administration on July 1, 1963, or on July 19, 
1963, whichever is later, and his employment as a vessel employee was 
continuous from that time until retirement, or (3) was retired as a 
vessel employee of the National Oceanic and Atmospheric Administration 
on or before July 1, 1963, or on July 19, 1963, whichever is later. When 
dependent members of families are hospitalized, a per diem charge, at 
such uniform rate as may be prescribed from time to time for the 
hospitalization of dependents of members of the uniformed services at 
hospitals of the uniformed services pursuant to section 1078(a) of title 
10 shall be made.

(c) Identification

    The National Oceanic and Atmospheric Administration shall furnish 
proper identification to those persons entitled to medical treatment 
under the provisions of this section.

(Pub. L. 88-71, Sec. 1, July 19, 1963, 77 Stat. 83; 1965 Reorg. Plan No. 
2, eff. July 13, 1965, 30 F.R. 8819, 79 Stat. 1318; 1970 Reorg. Plan No. 
4, eff. Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090; Pub. L. 98-498, 
title III, Sec. 310(b), (c), Oct. 19, 1984, 98 Stat. 2306, 2307.)

                          Codification

    Section was not enacted as part of the Public Health Service Act 
which comprises this chapter.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-498, Sec. 310(b), substituted ``by the 
Public Health Service if'' for ``at facilities of the Public Health 
Service: Provided, That''.
    Subsec. (b). Pub. L. 98-498, Sec. 310(c), struck out ``at its 
hospitals and relief stations'' before ``and, if suitable 
accommodations'' and substituted ``by the Public Health Service if'' for 
``at hospitals of the Public Health Service: Provided, That''.

                         Change of Name

    Coast and Geodetic Survey consolidated with Weather Bureau to form a 
new agency in Department of Commerce to be known as Environmental 
Science Services Administration, and commissioned officers of Survey 
transferred to ESSA, by Reorg. Plan No. 2 of 1965, eff. July 13, 1965, 
30 F.R. 8819, 79 Stat. 1318, set out in the Appendix to Title 5, 
Government Organization and Employees. Reorg. Plan No. 4 of 1970, eff. 
Oct. 3, 1970, 35 F.R. 15627, 84 Stat. 2090, abolished Environmental 
Science Services Administration, established National Oceanic and 
Atmospheric Administration, and redesignated Commissioned Officer Corps 
of ESSA as Commissioned Officer Corps of NOAA. For further details, see 
Transfer of Functions note set out under section 851 of Title 33, 
Navigation and Navigable Waters.

                          Transfer of Functions

    Functions of Public Health Service, Surgeon General of Public Health 
Service, and all other officers and employees of Public Health Service, 
and functions of all agencies of or in Public Health Service transferred 
to Secretary of Health, Education, and Welfare by Reorg. Plan No. 3 of 
1966, eff. June 25, 1966, 31 F.R. 8855, 80 Stat. 1610, set out as a note 
under section 202 of this title. Secretary of Health, Education, and 
Welfare redesignated Secretary of Health and Human Services by section 
509(b) of Pub. L. 96-88 which is classified to section 3508(b) of Title 
20, Education.

  Ex. Ord. No. 11160. Regulations Relating to Medical Care for Retired 
    Personnel of Coast and Geodetic Survey [Now National Oceanic and 
            Atmospheric Administration] and Their Dependents

    Ex. Ord. No. 11160, July 6, 1964, 29 F.R. 9315, provided:
    By virtue of the authority vested in me by the first section of the 
Act of July 19, 1963 (Public Law 88-71, 77 Stat. 83, 42 U.S.C. 253a) 
[this section], and as President of the United States, I hereby 
prescribe the following regulations relating to the medical care of 
certain retired personnel of the Coast and Geodetic Survey [now National 
Oceanic and Atmospheric Administration] and dependents of Coast and 
Geodetic Survey [now National Oceanic and Atmospheric Administration] 
ships' officers and crew members, both active and retired.
    Section 1. Definitions. As used in these regulations, the term:
    (1) ``Retired ships' officer and retired crew member'' means a 
noncommissioned ships' officer or crew member of a vessel of the Coast 
and Geodetic Survey [now National Oceanic and Atmospheric 
Administration] who either was on active duty as a vessel employee on 
July 19, 1963, and whose employment as such vessel employee was 
continuous from that date until the date of his retirement, or who had 
retired as a vessel employee on or before July 19, 1963.
    (2) ``Active duty ships' officer and active duty crew member'' means 
a noncommissioned ships' officer or crew member on active duty as a 
vessel employee of the Coast and Geodetic Survey [now National Oceanic 
and Atmospheric Administration] on July 19, 1963, and whose employment 
as such vessel employee has been continuous from that time.
    (3) ``Dependent members of families'', with respect to active duty 
or retired ships' officers or crew members, means:
    (A) the lawful wife;
    (B) the unmarried legitimate child, including an adopted child or 
stepchild, who has not passed his twenty-first birthday; and
    (C) the father or mother, if in fact dependent upon such active duty 
or retired ships' officer or crew member for over one-half of his or her 
support.
    (4) ``Relief stations'' means Public Health Service outpatient 
clinics and outpatient offices.
    (5) ``Outpatient clinic'' means a full-time outpatient medical 
facility, operated in Federally owned or leased space under the 
supervision of a commissioned medical officer or a full-time civil 
service medical officer (formerly known as a Second-Class Relief 
Station).
    (6) ``Outpatient office'' means a part-time outpatient facility 
serving all classes of legal beneficiaries, located in other than 
Federal space, and in the charge of a local private physician under 
contract to the Service to provide medical care on an annual or fee 
basis (formerly known as a Third-Class Relief Station).
    Sec. 2. Persons entitled to treatment. The following persons shall 
be entitled to medical care under these regulations:
    (1) Retired ships' officers and retired crew members of the Coast 
and Geodetic Survey [now National Oceanic and Atmospheric 
Administration];
    (2) Dependent members of families of persons described in paragraph 
(1) of this section;
    (3) Dependent members of families of active duty ships' officers and 
crew members of the Coast and Geodetic Survey [now National Oceanic and 
Atmospheric Administration].
    Sec. 3. Application for treatment; evidence of eligibility. Persons 
entitled to medical care under Section 2 of these regulations, when 
applying to Public Health Service medical care facilities for medical 
care, shall produce proper identification, as issued to them by the 
Coast and Geodetic Survey [now National Oceanic and Atmospheric 
Administration], and such identification shall be accepted as evidence 
of eligibility for such medical care by the Service.
    Sec. 4. Extent of treatment; retired ships' officers and crew 
members. Subject to the limitation imposed by paragraph (2) of this 
section, retired ships' officers and crew members entitled to medical 
care under these regulations shall be furnished:
    (1) Medical, surgical, and dental treatment at hospitals, outpatient 
clinics, and outpatient offices of the Service, and hospitalization at 
hospitals of the Service. The Service will not be responsible for 
defraying the cost of hospitalization, medical services, and supplies 
procured elsewhere.
    (2) Dental treatment shall be furnished to the extent that 
facilities and services at hospitals and outpatient clinics of the 
Service having full-time dental officers on duty are available to 
provide such treatment. At other Service facilities, dental treatment 
shall be limited to emergency measures necessary to relieve pain.
    Sec. 5. Extent of treatment; dependent members of families; charges. 
(a) Dependent members of families shall be furnished medical advice and 
outpatient treatment at hospitals, outpatient clinics, and outpatient 
offices of the Service and, if suitable accommodations are available, 
shall be furnished hospitalization at hospitals of the Service. The 
Service will not be responsible for defraying the cost of 
hospitalization, medical services, and supplies procured elsewhere.
    (b) For the purpose of this section--
    (1) Medical advice and outpatient treatment may include such 
services and supplies as the Medical Officer in Charge may deem to be 
necessary for reasonable and adequate treatment.
    (2) Hospitalization shall be furnished when, in the opinion of the 
Medical Officer in Charge, suitable accommodations are available and the 
condition of the patient is such as to require hospitalization. When 
hospitalization is authorized, it may include such services and supplies 
as the Medical Officer in Charge may deem to be necessary for reasonable 
and adequate treatment.
    (c) Charges shall be made for hospitalization of dependent members 
of families at the same per diem rate as is prescribed for dependents of 
members of the uniformed services pursuant to section 1078(a) of Title 
10 of the United States Code.
    (d) Dental treatment may be furnished to the extent that facilities 
and services at hospitals and outpatient clinics of the Service having 
full-time dental officers are available to provide such treatment. 
Dental care will not be furnished under any circumstances in private 
facilities at the expense of the Service.
    Sec. 6. Prior orders. Executive Order No. 9703 of March 12, 1946, 
prescribing regulations relating to medical care of certain personnel of 
the Coast Guard, Coast and Geodetic Survey [now National Oceanic and 
Atmospheric Administration], Public Health Service, and former 
Lighthouse Service, is hereby amended to the extent necessary to conform 
it to the provisions of this order.
                                                      Lyndon B. Johnson.
