(C) on authorized inactive duty training, including training performed as a member of the Army National Guard or the Air National Guard;

or

(D) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is

(i) on that duty or service;

(ii) performing that travel or inactive duty training; or

(iii) undergoing that hospitalization or treatment at the expense of the United States. (3) Any member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force whose death occurs under honorable conditions while he is

(A) attending an authorized training camp or on an authorized practice cruise;

(B) performing authorized travel to or from that camp or cruise; or

(C) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while he is

(i) attending that camp or on that cruise;
(ii) performing that travel; or

(iii) undergoing that hospitalization or treatment at the expense of the United States. (4) Any citizen of the United States who, during any war in which the United States is or has been engaged, served in the armed forces of any government allied with the United States during that war, and whose last such service terminated honorably.

(5) The wife, husband, surviving spouse, minor child, and, in the discretion of the Secretary of the Army, unmarried adult child of any of the persons listed in clauses (1)—(4).

(b) The remains of any person listed in subsection (a) (5) of this section may, in the discretion of the Secretary of the Army, be removed from a national cemetery proper and interred in the post section of a national cemetery or in a post cemetery if, upon death, the related person named in subsection (a) (1)—(4) of this section is not buried in the same or an adjoining gravesite. However, the remains of a person listed in subsection (a) (5) of this section may not be removed from a national cemetery proper if the related person is

(1) lost or buried at sea;

(2) officially determined to be permanently absent in a status of missing or missing in action;

(3) officially determined to be dead for the purpose of terminating his status of missing or missing in action; or

(4) one whose remains have not been recovered. (As amended Sept. 14, 1959, Pub. L. 86-260, 73 Stat. 547.)

AMENDMENTS

1959-Pub. L. 86-260 authorized the burial of members of the reserve components of the Armed Forces, members of the Army National Guard, the Air National Guard, and of the Reserve Officers' Training Corps of the Army, Navy, or Air Force, and the wife, husband, surviving spouse, minor children and unmarried adult children of such members, if the death of the member occurred while on active duty for training, on authorized inactive duty training, attending an authorized training camp or on an authorized practice cruise, performing authorized

travel, or while hospitalized or undergoing treatment at the expense of the United States for injury or disease contracted or incurred under honorable conditions, and prohibited the removal of the remains of the wife, husband, surviving spouse, minor child or unmarried adult child if the related person is lost or buried at sea, officially determined to be permanently absent in a status of missing or missing in action, officially determined to be dead, or one whose remains have not been recovered.

§§ 291-295. Repealed. Pub. L. 86-694, § 2, Sept. 2, 1960, 74 Stat. 739.

Sections, act Mar. 4, 1921, ch. 169, §§ 1-5, 41 Stat. 1440, created a Commission to make recommendations for memorials and entombments and to approve the character of memorials, provided for a chairman and disbursing officer, required specific Congressional authorization for erection of memorials and interments, and prescribed certain restrictions, and are now covered by section 295a of this title.

§ 295a. Arlington Memorial Amphitheater. (a) Recommendations of Secretary of Defense for memorials and entombments.

The Secretary of Defense or his designee may send to Congress in January of each year, his recommendations with respect to the memorials to be erected, and the remains of deceased members of the Armed Forces to be entombed, in the Arlington Memorial Amphitheater, Arlington National Cemetery, Virginia.

(b) Specific authorization from Congress.

No memorial may be erected and no remains may be entombed in such amphitheater unless specifically authorized by Congress.

(c) Character of memorials.

The character, design, or location of any memorial authorized by Congress is subject to the approval of the Secretary of Defense or his designee. (Pub. L. 86-694, § 1, Sept. 2, 1960, 74 Stat. 739.)

Chapter 9.-HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM FOREIGN

COUNTRIES [New]

Sec.

321. 322.

323.

324.

Definitions.

Reception of eligible persons at ports of entry or debarkation; temporary care; arrangements with State or other public or nonprofit agencies; payment or reimbursement for care and treatment. Transfer and release to State of residence or legal domicile, or to relative.

Care and treatment at Saint Elizabeths or other Federal hospital, or at State public or private hospitals; limitation.

325. Examination of persons admitted; discharge or conditional release; notification of admission. 326. Request for release of patient; detention for care and treatment; transfer to another hospital. 327. Notification to committing court of discharge or conditional release.

328. Payment for care and treatment; compromise or waiver; investigations; judicial proceedings. 329. Availability of appropriations for transportation.

§ 321. Definitions.

For the purposes of this chapter except as the context may otherwise require—

(a) The term "Department" means the Department of Health, Education, and Welfare.

(b) The term "Secretary" means the Secretary of Health, Education, and Welfare.

(c) The term "State" means a State or Territory of the United States, the Commonwealth of Puerto Rico, or the District of Columbia.

(d) The term "eligible person" means an individual with respect to whom the following certificates are furnished to the Secretary:

(1) A certificate of the Secretary of State that such individual is a national of the United States; and

(2) Either (A) a certificate obtained or transmitted by the Secretary of State that such individual has been legally adjudged insane in a named foreign country, or (B) a certificate of an appropriate authority or person (as determined in accordance with regulations prescribed by the Secretary of Health, Education, and Welfare) stating that at the time of such certification such individual was in a named foreign country and was in need of care and treatment in a mental hospital.

(e) The term "residence" means residence as determined under the applicable law or regulations of a State or political subdivision for the purpose of determining the eligibility of an individual for hospitalization in a public mental hospital. (Pub. L. 86-571, § 1, July 5, 1960, 74 Stat. 308.)

EFFECTIVE DATE

Section 11 of Pub. L. 86-571 provided that: "This Act [adding this chapter and repealing sections 191a and 196a of this title] shall, except as otherwise specified, take effect on the date of its enactment [July 5, 1960]."

§ 322. Reception of eligible persons at ports of entry or debarkation; temporary care; arrangements with State or other public or nonprofit agencies; payment or reimbursement for care and treatment.

(a) Upon request of the Secretary of State, the Secretary of Health, Education, and Welfare is authorized (directly or through arrangements under this subsection) to receive any eligible person at any port of entry or debarkation upon arrival from a foreign country and, to the extent he finds it necessary, to temporarily care for and treat at suitable facilities (including a hospital), and otherwise render assistance to, such person pending his transfer or hospitalization pursuant to other sections of this chapter. For the purpose of providing such care and treatment and assistance, the Secretary is authorized to enter into suitable arrangements with appropriate State or other public or nonprofit agencies. Such arrangements shall be made without regard to section 5 of Title 41, and may provide for payment by the Secretary either in advance or by way of reimbursement.

(b) The Secretary may, to the extent deemed appropriate, equitable, and practicable by him, (1) require any person receiving care and treatment or assistance pursuant to subsection (a) of this section to pay, in advance or by way of reimbursement, for the cost thereof or (2) obtain reimbursement for such cost from any State or political subdivision responsible for the cost of his subsequent hospitalization. (Pub. L. 86-571, § 2, July 5, 1960, 74 Stat. 308.)

EFFECTIVE DATE

Section as effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a, note under section 321 of this title.

§ 323. Transfer and release to State of residence or legal domicile, or to relative.

If, at the time of arrival in the United States, the residence or the legal domicile of an eligible person appearing to be in need of care and treatment in a mental hospital is known to be in a State, or whenever thereafter such a person's residence or legal domicile in a State is ascertained, the Secretary shall, if the person is then under his care (whether directly or pursuant to a contract or other arrangement under section 322 or 324 of this title), endeavor to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for the care and treatment of such person by such authorities and shall, upon the making of such arrangement in writing, transfer and release such person to such authorities. In the event the State of the residence or legal domicile of an eligible person cannot be ascertained, or the Secretary is unable to arrange with the proper authorities of such State, or of a political subdivision thereof, for the assumption of responsibility for his care and treatment, the Secretary may, if he determines that the best interests of such person will be served thereby, transfer and release the eligible person to a relative who agrees in writing to assume responsibility for such person after having been fully informed as to his condition. (Pub. L. 86-571, § 3, July 5, 1960, 74 Stat. 308.)

EFFECTIVE DATE

Section as effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title.

§ 324. Care and treatment at Saint Elizabeths or other Federal hospital, or at State public or private hospitals; limitation.

(a) Until the transfer and release of an eligible person pursuant to section 323 of this title, the Secretary is authorized to provide care and treatment for such person at Saint Elizabeths Hospital, at any other Federal hospital within or (pursuant to agreement) outside of the Department, or (under contract or other arrangements made without regard to section 5 of Title 41) at any other public or private hospital in any State and, for such purposes, to transfer such person to any such hospital from a place of temporary care provided pursuant to section 322 of this title. In determining the place of such hospitalization, the Secretary shall give due weight to the best interests of the patient.

(b) The authority of the Secretary to provide hospitalization for any person under this section shall not apply to any person for whose medical care and treatment any agency of the United States is responsible. (Pub. L. 86-571, § 4, July 5, 1960, 74 Stat. 309.)

EFFECTIVE DATE

Section as effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title.

§ 325. Examination of persons admitted; discharge or conditional release; notification of admission.

(a) Any person admitted to any hospital pursuant to section 322 or section 324 of this title shall, as soon as practicable, but in no event more than five days after the day of such admission, be examined

by qualified members of the medical staff of the hospital and, unless found to be in need of hospitalization by reason of mental illness, shall be discharged. Any person found upon such examination to be in need of such hospitalization shall thereafter, as frequently as practicable but not less often than every six months, be reexamined and shall, whenever it is determined that the conditions justifiying such hospitalization no longer obtain, be discharged or, if found to be in the best interests of the patient, be conditionally released.

(b) Whenever any person is admitted to a hospital pursuant to this chapter, his legal guardian, spouse, or next of kin shall, if known, be immediately notified. (Pub. L. 86-571, § 5, July 5, 1960,

74 Stat. 309.)

EFFECTIVE DATE Section as effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title.

§ 326. Request for release of patient; detention for care and treatment; transfer to another hospital. (a) If a person who is a patient hospitalized under section 322 or 324 of this title, or his legal guardian, spouse, or adult next of kin, requests the release of such patient, the right of the Secretary, or the head of the hospital, to detain him for care and treatment shall be determined in accordance with such laws governing the detention, for care and treatment, of persons alleged to be mentally ill as may be in force and applicable generally in the State in which such hospital is located, but in no event shall the patient be detained more than fortyeight hours (excluding any period of time falling on a Sunday or legal holiday) after the receipt of such request unless within such time (1) judicial proceedings for such hospitalization are commenced or (2) a judicial extension of such time is obtained, for a period of not more than five days, for the commencement of such proceedings.

(b) The Secretary is authorized at any time, when he deems it to be in the interest of the person or of the institution affected, to transfer any person hospitalized under section 324 of this title from one hospital to another, and to that end any judicial commitment of any person so hospitalized may be to the Secretary.

74 Stat. 309.)

(Pub. L. 86-571, § 6, July 5, 1960,

EFFECTIVE DATE

Section as effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title.

§ 327. Notification to committing court of discharge or conditional release.

In the case of any person hospitalized under section 324 of this title who has been judicially committed to the Secretary's custody, the Secretary shall, upon the discharge or conditional release of such person, or upon such person's transfer and release under section 323 of this title, notify the committing court of such discharge or conditional release or such transfer and release. (Pub. L. 86-571, § 7, July 5, 1960, 74 Stat. 310.)

EFFECTIVE DATE

Section as effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title. § 328. Payment for care and treatment; compromise or waiver; investigations; judicial proceedings. (a) Any person hospitalized under section 324 of this title or his estate, shall be liable to pay or contribute toward the payment of the costs or charges for his care and treatment to the same extent as such person would, if resident in the District of Columbia, be liable to pay, under the laws of the District of Columbia, for his care and maintenance in a hospital for the mentally ill in that jurisdiction. The Secretary may, in his discretion, where in his judgment substantial justice will be best served thereby or the probable recovery will not warrant the expense of collection, compromise or waive the whole or any portion of any claim under this section. In carrying out this section, the Secretary may make or cause to be made such investigations as may be necessary to determine the ability of any person hospitalized under section 324 of this title to pay or contribute toward the cost of his hospitalization. All collections or reimbursement on account of the costs and charges for the care of the eligible person shall be deposited in the Treasury as miscellaneous receipts. Any judicial proceedings to recover such costs or charges shall be brought in the name of the United States in any court of competent jurisdiction.

(b) As used in this section, the term "costs or charges" means, in the case of hospitalization at a hospital under the jurisdiction of the Department of Health, Education, and Welfare, a per diem rate prescribed by the Secretary on a basis comparable to that charged for any other paying patients and, in the case of persons hospitalized elsewhere, the contract rate or a per diem rate fixed by the Secretary on the basis of the contract rate. (Pub. L. 86571, 8, July 5, 1960, 74 Stat. 310.)

EFFECTIVE DATE

Section as effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title. § 329. Availability of appropriations for transportation.

Appropriations for carrying out this chapter shall also be available for the transportation of any eligible person and necessary attendants to or from a hospital (including any hospital of a State or political subdivision to which an eligible person is released under section 323 of this title), to the place where a relative to whom any person is released under section 3 resides, or to a person's home upon his discharge from hospitalization under this chapter. (Pub. L. 86-571, § 9, July 5, 1960, 74 Stat. 310.)

EFFECTIVE DATE

Section as effective July 5, 1960, see section 11 of Pub. L. 86-571, set out as a note under section 321 of this title.

Sec.

Chapter 1.-BUREAU OF INDIAN AFFAIRS

15. Utility facilities used in administration of Bureau of Indian Affairs; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval [New].

§ 15. Utility facilities used in administration of Bureau of Indian Affairs; contracts for sale, operation, maintenance, repair or relocation of facilities; terms and conditions; exception; Congressional approval.

Except for electric utility systems constructed and operated as a part of an irrigation system, the Secretary of the Interior is authorized to contract under such terms and conditions as he considers to be in the best interest of the Federal Government for the sale, operation, maintenance, repairs, or relocation of Government-owned utilities and utility systems and appurtenances used in the administration of the Bureau of Indian Affairs. The Secretary shall not execute a contract pursuant to this section until he has submitted to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives a copy of the contract and a statement of his reasons for proposing the contract, and until such materials have lain before the Committees for sixty days (excluding the time during which either House is in recess for more than three days) unless prior thereto the Secretary is notified that neither committee has any objection to the proposed contract. (Pub. L. 87-279, Sept. 22, 1961, 75 Stat. 577.)

Sec.

Chapter 2A.-INDIAN CLAIMS COMMISSION

70n-1. Expert assistance for preparation and trial of claims; revolving fund established for loans [New].

70n-2. Inability of applicants to pay for assistance required; denial of loans in cases of unreasonable fees [New].

70n-3. Reports to congressional committees [New]. 70n-4. Interest; repayment from judgments [New]. 70n-5. Crediting to revolving fund of repayments and interest [New].

70n-6. Liability of United States [New].

70n-7. Approval of contingent fees contracts prohibited [New]. §§ 70a, 701.

ADMISSION OF ALASKA AS STATE

Admission of Alaska into the Union was accomplished Jan. 3, 1959, upon issuance of Proc. No. 3269, Jan. 5, 1959, 24 FR. 81, 73 Stat. c16, as required by sections 1 and 8(c) of Pub. L. 85-508, July 7, 1958, 72 Stat. 339, set out as notes preceding section 21 of Title 48, Territories and Insular Possessions.

§ 70n-1. Expert assistance for preparation and trial of claims; revolving fund established for loans. There is hereby authorized to be appropriated the sum of $900,000 for the establishment of a revolving fund from which the Secretary of the Interior may Page 1319

make loans to Indian tribes and bands and to other identifiable groups of American Indians residing within the territorial limits of the United States for use by them in obtaining expert assistance, other than the assistance of counsel, for the preparation and trial of claims pending before the Indian Claims Commission. (Pub. L. 88-168, § 1, Nov. 4, 1963, 77 Stat. 301.)

§ 70n-2. Inability of applicants to pay for assistance required; denial of loans in cases of unreasonable fees.

No loan shall be made under sections 70n-1 to 70n-7 of this title to a tribe, band, or group if it has funds available on deposit in the Federal Treasury or elsewhere in an amount adequate to obtain the expert assistance it needs or if, in the opinion of the Secretary, the fees to be paid the experts are unreasonable in light of the services to be performed by them. (Pub. L. 88-168, § 2, Nov. 4, 1963, 77 Stat. 301.)

§ 70n-3. Reports to congressional committees.

Every loan made under sections 70n-1 to 70n-7 of this title shall be reported to the Committees on Interior and Insular Affairs of the Senate and House of Representatives within fifteen days of the time it is made. (Pub. L. 88-168, § 3, Nov. 4, 1963, 77 Stat. 301.)

§ 70n-4. Interest; repayment from judgments.

Any loan made under sections 70n-1 to 70n-7 of this title shall bear interest and shall, together with such interest, be repayable out of the proceeds of any judgment recovered by the tribe, band, or group on its claim against the United States. If no judgment is recovered or if the amount of the judgment recovered is inadequate to repay the loan and interest thereon, the unpaid amount may be declared nonrepayable by the Secretary. (Pub. L. 88-168, § 4, Nov. 4, 1963, 77 Stat. 301.)

§ 70n-5. Crediting to revolving fund of repayment and interest.

Repayments of loans made under sections 70-1 to 70n-7 of this title and of interest thereon shall be credited to the revolving fund established under section 70n-1 of this title. (Pub. L. 88-168, § 5, Nov. 4, 1963, 77 Stat. 301.)

§ 70n-6. Liability of United States.

No liability shall attach to the United States because of a failure to make a loan in the amount requested. (Pub. L. 88-168, § 6, Nov. 4, 1963, 77 Stat. 301.)

§ 70n-7. Approval of contingent fee contracts prohibited.

After November 4, 1963, the Secretary of the Interior shall approve no contract which makes the

(b) When the final determination of the Commission has been filed with the clerk of said Commission the clerk shall give notice of the filing of such determination to the parties to the proceeding in manner and form as directed by the Commission. At any time within three months from the date of the filling of the determination of the Commission with the clerk either party may appeal from the determination of the Commission to the Court of Claims, which Court shall have exclusive jurisdiction to affirm, modify, or set aside such final determination. In similar manner and with like effect either party may appeal to the Court of Claims from any interlocutory determination by the Commission establishing the liability of the United States notwithstanding such determination is not for any reason whatever final as to the amount of recovery; and any such interlocutory appeal shall be taken on or before January 1, 1961, or three months from such interlocutory determination, whichever is later: Provided, That the failure of either party to appeal from any such interlocutory determination shall not constitute a waiver of its right to challenge such interlocutory determination in any appeal from any final determination subsequently made in the case. On said appeal the Court shall determine whether the findings of fact of the Commission are supported by substantial evidence, in which event they shall be conclusive, and also whether the conclusions of law, including any conclusions respecting "fair and honorable dealings", where applicable, stated by the Commission as a basis for its final determination, are valid and supported by the Commission's findings of fact. In making the foregoing determinations, the Court shall review the whole record or such portions thereof as may be cited by any party, and due account shall be taken of the rule of prejudicial error. The Court may at any time remand the cause to the Commission for such further proceedings as it may direct, not inconsistent with the foregoing provisions of this section. The Court shall promulgate such rules of practice as it may find necessary to carry out the foregoing provisions of this section.

such determination is not for any reason whatever final as to the amount of recovery, required such interlocutory appeal to be taken on or before Jan. 1, 1961, or three months from such determination, whichever is later, and provided that failure to appeal from the interlocutory determination shall not constitute a waiver of the right to challenge the interlocutory determination in any appeal from any final determination.

§ 70v. Dissolution of Commission.

The existence of the Commission shall terminate at the end of five years from and after April 10, 1962, or at such earlier time as the Commission shall have made its final report to the Congress on all claims filed with it. Upon its dissolution the records of the Commission shall be delivered to the Archivist of the United States. (As amended June 16, 1961, Pub. L. 87-48, 75 Stat. 92.)

Unless otherwise specifically provided by law, the share of an individual member of an Indian tribe or group in a per capita or other distribution, individualization, segregation, or proration of Indian tribal or group funds held in trust by the United States, or in an annuity payment under a treaty, heretofore or hereafter authorized by law, and any interest earned on such share that is properly creditable to the individual shall be restored to tribal ownership if for any reason such share cannot be paid to the individual entitled thereto and remains unclaimed for a period of six years from the date of the administrative directive to make the payment, or one year from September 22, 1961, whichever occurs later: Provided, That if such individual is a member of an Indian tribe or group that has no governing body recognized by the Secretary of the Interior as authorized to act on behalf of the tribe or group, such unpaid share and interest shall be regarded as not capable of restoration to a tribal or group entity and shall be deposited in the general fund of the Treasury of the United States. (Pub. L. 87283, § 1, Sept. 22, 1961, 75 Stat. 584.)

§ 165. Same; notice to Congressional committees. The Secretary shall not restore to tribal ownership or deposit in the general fund of the Treasury any funds pursuant to section 164 of this title and this section until sixty calendar days (exclusive of days on which either the Senate or the House of Rep