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Secretary from time to time under the authority of this section. Of each bridge constructed upon and across a dam under the provisions of this section, there may be financed wholly with Federal funds that portion thereof which is located within the physical limits of the masonry structure, or structures, of the dam, and the Secretary shall in his sole discretion determine what additional portion of the bridge, if any, may be so financed, such determination to be final and conclusive. The remainder of the bridge, and any necessary related approach roads, shall be financed by the State or its appropriate subdivision with or without the aid

of Federal funds; but said portion of the bridge so financed by the State or its subdivisions, including such portion thereof, if any, as may extend beyond the physical limits of the dam, shall nevertheless be designed and constructed solely by the agency having custody and jurisdiction of the dam as provided in subsection (a) of this section.

(As amended Pub. L. 86-342, title I, § 108, Sept. 21, 1959, 73 Stat. 613.)

AMENDMENTS

1959-Subsec. (d). Pub. L. 86-342 substituted "$13,000,000" for $10,000,000."

TITLE 24-HOSPITALS, ASYLUMS, AND CEMETERIES

Sec.

Chap.
9. Hospitalization of Mentally Ill Nationals
Returned from Foreign Countries [New]... 321
CROSS REFERENCES

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

Chapter 1.-NAVY HOSPITALS, NAVAL HOME, ARMY AND NAVY HOSPITAL, AND HOSPITAL RELIEF FOR SEAMEN AND OTHERS

§ 34. Hospitalization of persons outside continental limits of United States; persons entitled; availability of other facilities; rate of charges; disposition of payments.

Ex. ORD. NO. 11116. RATES OF CHARGES FOR HOSPITALIZATION AND DISPENSARY SERVICES

Ex. Ord. No. 11116, Aug. 6, 1963, 28 F.R. 8075, provided: By virtue of the authority vested in me by Section 4 of the Act of May 10, 1943 (24 U.S.C. 34) [this section], and by Section 301 of Title 3 of the United States Code [section 301 of Title 3, the President], and as President of the United States, it is ordered as follows:

SECTION 1. Rates. Rates of charges for hospitalization and dispensary services are hereby prescribed, under the last sentence of Section 4 of the Act of May 10, 1943, c. 95, 57 Stat. 81 (24 U.S.C. 34) [this section], and for the purposes of that section, as follows:

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SEC. 2. Delegation. (a) Executive Order No. 10530 of May 10, 1954 [set out as a note under section 301 of Title 3, The President], headed “Providing for the performance of certain functions vested in or subject to the approval of the President," as amended, is hereby further amended by adding at the end of Section 1 thereof the following paragraph:

"() The authority vested in the President by the last sentence of Section 4 of the Act of May 10, 1943, c. 95, 57 Stat. 81 (24 U.S.C. 34) [this section], to prescribe from time to time rates of charges for hospitalization and dispensary services."

(b) The provisions of Section 1 of this order shall be subject to amendment, supersedure, or revocation, in whole or in part and at any time or times after the effective date of this order, under authority of Section 1(w) of Executive Order No. 10530 (as added by Section 2(a) of this order).

SEC. 3. Revocation. Executive Order No. 9411 of December 23, 1943, is hereby revoked.

SEC. 4. Effective date. The provisions of this order shall become effective on January 1, 1964.

JOHN F. KENNEDY

Chapter 4.-SAINT ELIZABETHS HOSPITAL
INMATES; BURDEN OF EXPENSES THEREOF;
DETENTION OF INSANE

Sec.
210a. Commitment of certain persons from Virginia and
Maryland for observation and diagnosis; juris-
diction; hearing; notification [New].

Page 1313

Sec.

210b. Same; apprehension and detention; hearing [New]. 210c. Admission upon written application; release [New]. 210d. Authorization to receive persons for observation and diagnosis [New].

210e. Examination; proceedings for adjudication; jurisdiction; expense of care and treatment [New]. 2101. Transfer of military personnel [New]. 210g. Persons entitled to care and treatment in a Veterans' Administration facility [New]. 210h. Payment of expenses of transfer [New].

BENEFICIARIES AND PENSIONS

§131. Repealed. Pub. L. 85-857, § 14(49), Sept. 2, 1958, 72 Stat. 1271.

INMATES; BURDEN OF EXPENSES THEREOF; DETENTION OF INSANE

§ 191a. Repealed. Pub. L. 86-571, § 10(a), July 5, 1960, 74 Stat. 310.

Section, act Oct. 29, 1941, ch. 462, 55 Stat. 756, authorized admission to Saint Elizabeths Hospital of Foreign Service personnel adjudged insane in a foreign country, and is now covered by chapter 9 of this title.

EFFECTIVE DATE OF REPEAL

Section 10 of Pub. L. 86-571 provided in part that the repeal of this section and section 196a of this title shall be effective upon the date of enactment of legislation appropriating funds for carrying out chapter 9 of this

title.

§ 196. Transfer of American citizens adjudged insane in Canal Zone.

Upon the application of the Governor of the Canal Zone, the Secretary of Health, Education, and Welfare may transfer to Saint Elizabeths Hospital, in the District of Columbia, for treatment, any American citizen subject to a hospitalization order issued under section 1637 of Title 5 of the Canal Zone Code, whose legal residence in one of the States, territories, the Commonwealth of Puerto Rico or the District of Columbia for the purpose of eligibility for public medical care it has been impossible to establish. Upon the ascertainment of the legal residence of persons so transferred to Saint Elizabeths Hospital, the superintendent of that hospital shall thereupon transfer them to their respective places of residence, and the expenses attendant thereon shall be paid from the appropriation for the support of Saint Elizabeths Hospital. (As amended Oct. 18, 1962, Pub. L. 87-845, § 6, 76A Stat. 699.)

AMENDMENTS

1962-Pub. L. 87-845 substituted "Governor of the Canal Zone" for "Governor of the Panama Canal", "Secretary of Health, Education, and Welfare" for "Secretary of the Interior", and provisions authorizing transfer of any American citizen subject to a hospitalization order issued under section 1637 of Title 5 of the Canal Zone Code for provisions which permitted transfer of citizens legally adjudged insane in the Canal Zone, and included legal residence in the Commonwealth of Puerto Rico.

EFFECTIVE DATE OF 1962 AMENDMENT Amendment of section by Pub. L. 87-845 effective Jan. 2, 1963, see note set out under section 14 of Title 18, Crimes and Criminal Procedure.

§ 196a. Repealed. Pub. L. 86-571, § 10(b), July 5, 1960, 74 Stat. 310.

Section, acts Mar. 2, 1929, ch. 509, 45 Stat. 1495; June 25, 1936, ch. 804, 49 Stat. 1921, authorized the transfer to Saint Elizabeths Hospital of American citizens adjudged insane in Canada, and is now covered by chapter 9 of this title.

EFFECTIVE DATE OF REPEAL

Repeal of section effective upon the date of enactment of legislation appropriating funds for carrying out chapter 9 of this title, see note set out under section 191a of this title.

§ 210a. Commitment of certain persons from Virginia and Maryland for observation and diagnosis; jurisdiction; hearing; notification.

Any United States commissioner specially designated for that purpose by the United States District Court for the Eastern District of Virginia or by the United States District Court for the District of Maryland shall have jurisdiction and authority to commit to Saint Elizabeths Hospital in the District of Columbia, for observation and diagnosis, any person found in any place over which the United States has exclusive or concurrent jurisdiction in Arlington County, Fairfax County, or the city of Alexandria, in the State of Virginia, or in Montgomery County or in Prince Georges County, in the State of Maryland, who is alleged, and is believed by the commissioner, to be of unsound mind. Any United States commissioner specially designated for that purpose by the United States District Court for the District of Columbia shall have like jurisdiction and authority in the case of any person temporarily detained in Saint Elizabeths Hospital, pursuant to section 210b of this title. Any such commitment shall be for a period not exceeding thirty days and may be made only after a hearing before the commissioner upon the testimony under oath of at least two witnesses who shall testify as to their belief that the said person is of unsound mind and, in addition, upon the testimony under oath or affidavit of two physicians, at least one of whom is skilled in the treatment and diagnosis of nervous and mental disorders, who shall testify or certify in writing that they have examined the said person alleged to be of unsound mind and believe said person to be of unsound mind and not fit to remain at liberty and go unrestrained, and that such person should be in custody in a hospital for the treatment of mental or nervous disorders for his own safety and welfare and for the preservation of the peace and good order. It shall be the duty of the head of the agency of the United States in control of the place where such person is apprehended to forthwith notify the husband or wife or some near relative or friend of the person so apprehended whose address may be known to said agency head or whose address can by reasonable inquiry be ascertained by him: Provided further, That in the case of any person described in section 210e of this title, the agency head shall notify the head of the department having jurisdiction over the service to which the individual belongs. The agency of the United States in control of the place

where such person is apprehended is authorized to employ physicians for the aforesaid purpose and to pay compensation for their services and to pay expenses of witnesses in such proceedings out of funds available therefor. Physicians who are officers or employees of the United States or who are members of the armed forces of the United States are authorized to render such services without additional compensation. (Oct. 11, 1949, ch. 672, § 1, 63 Stat. 759.)

§ 210b. Same; apprehension and detention; hearing. Any officer or employee of the United States authorized to make arrests, and any guard or watchman employed by the United States is authorized and empowered to apprehend and detain any person whom he believes to be of unsound mind and found in any of the aforesaid places and, except as provided in section 210c of this title, to bring such person for a hearing before a United States commissioner for the district where such person was apprehended and designated as provided in section 210a of this title. If an immediate hearing before a commissioner cannot be had, such officer or employee is authorized and empowered to take such person to Saint Elizabeths Hospital and the Superintendent of Saint Elizabeths Hospital is authorized to detain such person pending a hearing before a United States commissioner for the District of Columbia, designated as provided in section 210a of this title, for a period not exceeding seventy-two hours. Such commissioner shall hold a hearing as promptly as practicable after the apprehension of such person and in any event not later than seventy-two hours thereafter. Such hearing shall be conducted at Saint Elizabeths Hospital if the Superintendent thereof shall certify that in his opinion it would be prejudicial to the health of the patient or unsafe to produce the patient at a hearing elsewhere. If, after any hearing at a place other than Saint Elizabeths Hospital, the commissioner commits a person to Saint Elizabeths Hospital, any officer, employee, guard, or watchman above-mentioned is authorized to transport such person to Saint Elizabeths Hospital in accordance with the order of the commissioner. (Oct. 11, 1949, ch. 672, § 2, 63 Stat. 760.)

§ 210c. Admission upon written application; release.

Any person in any of the places described in section 210a of this title may, upon his written application, be admitted for observation and diagnosis to Saint Elizabeths Hospital in the discretion of the Superintendent thereof for a period not exceeding 30 days. Any such person expressing a desire for release from Saint Elizabeths Hospital shall be released within 72 hours thereafter, unless proceedings for his adjudication as a person of unsound mind shall have been instituted as provided for in section 210e of this title. (Oct. 11, 1949, ch. 672, § 3, 63 Stat. 761.)

§ 210d. Authorization to receive persons for observation and diagnosis.

The Superintendent of Saint Elizabeths Hospital is authorized and directed to receive for observation and diagnosis any person apprehended or committed as provided in sections 210a and 210b of this title for the periods therein prescribed, unless such

person is sooner discharged or returned to his home or to the State of his residence. (Oct. 11, 1949, ch. 672, 4, 63 Stat. 761.)

§ 210e. Examination; proceedings for adjudication; jurisdiction; expense of care and treatment. The Superintendent of Saint Elizabeths Hospital shall promptly examine any person committed as provided in sections 210a and 210b of this title and (a) if found to be of sound mind, shall forthwith discharge said person, or (b) if found to be of unsound mind, shall return such person to the State of his residence or to his relatives, if practicable. Proceedings for the adjudication of such person, or of any person admitted to the hospital pursuant to section 210c of this title, as a person of unsound mind and for the appointment of a committee of his person or property may be instituted in the United States District Court for the District of Columbia by the Secretary of Health, Education, and Welfare or by any party interested. The laws of the District of Columbia shall be applicable to such proceedings. Nothing in sections 210a-210h of this title shall be construed as imposing upon the District of Columbia the expense of care and treatment of any person apprehended, detained, or committed under sections 210a-210h of this title unless such person be a resident of the District of Columbia as defined in section 8 of the Act entitled "An Act to provide for insanity proceedings in the District of Columbia", approved August 9, 1939. (Oct. 11, 1949, ch. 672, § 5, 63 Stat. 761; 1953 Reorg. Plan No. 1, § 5, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631.)

REFERENCES IN TEXT

Section 8 of the act entitled "An Act to provide for insanity proceedings in the District of Columbia", approved August 9, 1939, referred to in the text, is classified to the District of Columbia Code, § 21-317.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 6, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of said 1953 Reorg. Plan No. 1. § 210f. Transfer of military personnel.

Any person belonging to the Army, Navy, Air Force, Marine Corps, or Coast Guard arrested, apprehended, detained, or committed under the provisions of sections 210a-210h of this title shall, upon the request of the head of the department having jurisdiction over the service to which the individual belongs, be transferred forthwith to the custody of such department. (Oct. 11, 1949, ch. 672, § 6, 63 Stat. 761.)

§ 210g. Persons entitled to care and treatment in a Veterans' Administration facility.

If any person adjudicated to be of unsound mind under the provisions of sections 210a-210h of this title is entitled to care and treatment in a Veterans' Administration facility, he may be committed by the United States District Court for the District of Columbia to the custody of the Administrator of Veterans' Affairs for placement in an available fa

cility or may be transferred by the Superintendent of Saint Elizabeths Hospital to any such facility: Provided, That nothing in sections 210a-210h of this title shall limit, restrict, or deprive the courts of any State or the District of Columbia of jurisdiction to commit to the Veterans' Administration any insane person entitled to care and treatment by the Veterans' Administration in accordance with the laws so made and provided by such States or the District of Columbia. (Oct. 11, 1949, ch. 672, § 7, 63 Stat. 761.)

§ 210h. Payment of expenses of transfer.

The Superintendent of Saint Elizabeths Hospital is authorized to arrange for and pay the expenses of the transfer of any person committed to his custody pursuant to the provisions of sections 210a210h of this title or admitted to the Hospital pursuant to section 210c of this title, to his relatives or to a hospital in the State of his residence and in connection with such transfer is authorized to pay the transportation and expenses of attendants necessary to insure safe travel. (Oct. 11, 1949, ch. 672, § 8, 63 Stat. 761.)

Sec.

Chapter 7.-NATIONAL CEMETERIES 295a. Arlington Memorial Amphitheater [New]. (a) Recommendations of Secretary of Defense for memorials and entombments.

(b) Specific authorization from Congress.
(c) Character of memorials.

§ 275. Selection of superintendents.

Superintendents of national cemeteries shall be selected from among meritorious and trustworthy persons who served in the Armed Forces of the United States, and who either were retired for physical disability, or were discharged or released therefrom under honorable conditions and are entitled to receive compensation for disability under the laws administered by the Veterans' Administration. (As amended Aug. 30, 1961, Pub. L. 87-178, 75 Stat. 411.)

AMENDMENTS

1961-Pub. L. 87-178 eliminated the requirement that the disability had to be incurred in line of duty for active field service.

§ 281. Persons to be buried in national cemeteries; removal of remains.

(a) Under such regulations as the Secretary of the Army may, with the approval of the Secretary of Defense, prescribe, the remains of the following persons may be buried in national cemeteries:

(1) Any member or former member of the Armed Forces who served on active duty (other than for training) and whose last such service terminated honorably.

(2) Any member of a reserve component of the Armed Forces, and any member of the Army National Guard or the Air National Guard, whose death occurs under honorable conditions while he is—

(A) on active duty for training, or performing full-time service under section 316, 503, 504, or 505 of Title 32;

(B) performing authorized travel to or from that duty or service;

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