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SEC. 311. The provisions of this title shall not be ap- 42 U.S.C. 3421 plicable with respect to any person against whom there is pending a criminal charge, whether by indictment or by information, which has not been fully determined or who is on probation or whose sentence following conviction on such a charge, including any time on parole or mandatory release, has not been fully served, except that such provision shall be applicable to any such person on probation, parole, or mandatory release if the authority authorized to require his return to custody consents to his commitment.

SEC. 312. Notwithstanding any other provision of this 42 U.S.C. 3422 title, no patient shall be committed to a hospital of the Service under this title if the Surgeon General certifies that adequate facilities or personnel for treatment of such patient are unavailable.

SEC. 313. Physicians appointed by the court to examine any person pursuant to this title and counsel assigned by the court to represent any person in judicial proceedings under this title shall be entitled to reasonable compensation, in an amount to be determined by the court, to be paid, upon order of the court, out of such funds as may be provided by law.

SEC. 314 (a) The Surgeon General may from time to time make such provisions as he deems appropriate authorizing the performance of any of his functions under this title by any other officer or employees of the Public Health Service, or with the consent of the head of the Department or Agency concerned, by any Federal or other public or private agency or officer or employee thereof.

(b) The Surgeon General is authorized to enter into arrangements with any public or private agency or any person under which appropriate facilities or services of such agency or person will be made available, on a reimbursable basis or otherwise, for the examination or treatment of individuals pursuant to the provisions of this title.

42 U.S.C. 3423 Appointed phycounsel, com

sicians and

pensation

42 U.S.C. 3424 functions

Delegation of

Penalties

SEC. 315. Whoever escapes or attempts to escape while 42 U.S.C. 3425 committed to institutional custody for examination or treatment under this title, or whoever rescues or attempts to rescue or instigates, aids, or assists the escape or attempt to escape of such a person, shall be subject to the penalties provided in sections 751 and 752 of title 18, United States Code.

SEC. 316. Any person who knowingly makes any false statement to the United States attorney in any petition under section 302 (a) of this title shall be subject to the penalty prescribed in section 1001 of title 18, United States Code.

42 U.S.C. 3426

77 Stat. 834

62 Stat. 734;

62 Stat. 749

42 U.S.C. 3441

42 U.S.C. 3442 Appropriation

TITLE IV-REHABILITATION AND POSTHOS-
PITALIZATION CARE PROGRAMS AND
ASSISTANCE TO STATES AND LOCALITIES

SEC. 401. The Surgeon General is authorized to establish, as an integral part of the program of treatment for narcotic addiction authorized by section 341 of the Public Health Service Act, outpatient services to (1) provide guidance and give psychological help and supervision to patients and other individuals released from hospitals of the Service after treatment for narcotic drug addiction, utilizing all available resources of local, public and private agencies, and (2) assist States and municipalities in developing treatment programs and facilities for individuals so addicted, including posthospitalization treatment programs and facilities for the care and supervision of narcotic addicts released after confinement under this or any other Act providing for treatment of drug addiction. The Surgeon General shall take into consideration in supplying such services the extent of drug addiction in the various States and political subdivisions thereof and the willingness of such States and subdivisions to cooperate in developing a sound program for the care, treatment, and rehabilitation of narcotic addicts.

SEC. 402.1***

1 Sec. 402 repealed by sec. 303(b) of P.L. 90-574, which provided that there are authorized to be appropriated such sums as may be necessary to enable the Secretary to make grants to continue the projects for which commitments were made under sec. 402(a) of the Narcotic Addict Rehabilitation Act of 1966, but such grants may be made only for the periods specified in such commitments for such projects.

TITLE V-SENTENCING AFTER CONVICTION
FOR VIOLATION OF LAW RELATING TO
NARCOTIC DRUGS OR MARIHUANA 1

26 U.S.C. 7237

SEC. 501. Section 7237 (d) of the Internal Revenue 70 Stat. 568 Code of 1954, as amended, is amended to read as follows: (d) No SUSPENSION OF SENTENCE; NO PROBATION; Erc.-Upon conviction

(1) of any offense the penalty for which is provided in subsection (b) of this section, subsection (c), (h), or (i) of section 2 of the Narcotic Drugs Import and Export Act, as amended, or such Act of July 11, 1941, as amended, or

(2) of any offense the penalty for which is provided in subsection (a) of this section, if it is the offender's second or subsequent offense,

70 Stat.
21 U.S.C. 174,

570, 571

176a, 176b
55 Stat. 584;
70 Stat. 571

21 U.S.C. 184a

the imposition or execution of sentence shall not be suspended, probation shall not be granted and in the case of a violation of a law relating to narcotic drugs, section 65 Stat. 150 4202 of title 18, United States Code, and the Act of July 15, 1932 (47 Stat. 696; D.C. Code 24-201 and following), as amended, shall not apply.

SEC. 502. The Board of Parole is hereby directed to review the sentence of any prisoner who, before the enactment of this Act, was made ineligible for parole by section 7237 (d) of the Internal Revenue Code of 1954, as amended, and who was convicted of a violation of a law relating to marihuana. After conducting such review the Board of Parole may authorize the release of such prisoner on parole pursuant to section 4202 of title 18, United States Code. Action taken by the Board of Parole under this section shall not cause any prisoner to serve a longer term than would be served under his original sentence.

Title V of this Act took effect February 8, 1967, and applies to any case pending in any court of the United States in which sentence had not yet been imposed.

Board of Parole

review of sen

tences

(465)

Separability

Effective dates

31 F.R. 8855 Appropriation

TITLE VI-MISCELLANEOUS PROVISIONS

SEC. 601.1 ***

SEC. 602. The Surgeon General and the Attorney General are authorized to give representatives of States and local subdivisions thereof the benefit of their experience in the care, treatment, and rehabilitation of narcotic addicts so that each State may be encouraged to provide adequate facilities and personnel for the care and treatment of narcotic addicts in its jurisdiction.

SEC. 603. The table of contents to "PART III.-PRISONS AND PRISONERS" of title 18, United States Code, is amended by inserting after

313. Mental defectives_-_-.

a new chapter reference as follows:

314. Narcotic addicts_-_

4241

4251

and the table of contents to "PART VI.-PARTICULAR PROCEEDINGS" of title 28, United States Code, is amended by inserting after

173. Attachment in postal suits---

a new chapter reference as follows:

175. Civil commitment and rehabilitation of narcotic
addicts

2710

2901

SEC. 604. If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby.

SEC. 605. Title I of this Act shall take effect three months after the date of its enactment, and shall apply to any case pending in a district court of the United States in which an appearance has not been made prior to such effective date. Titles II and V of this Act shall take effect three months after the date of its enactment and shall apply to any case pending in any court of the United States in which sentence has not yet been imposed as of such effective date. Title III of this Act shall take effect three months after the date of its enactment. SEC. 606. The provisions of this Act shall be subject to the provisions of Reorganization Plan No. 3 of 1966.2 SEC. 607. There are authorized to be appropriated such sums as are necessary to carry out the provisions of this Act.

1 Sec. 601 of P.L. 89-793 amends sec. 341 of the Public Health Service Act.

2 Reorganization Plan No. 3 of 1966 (printed in the Appendix) transferred all statutory powers and functions of the Surgeon General, and other officers of the Public Health Service, to the Secretary of Health, Education, and Welfare. The provisions of this Act should be read in the light of this transfer of statutory functions.

FEDERAL CIGARETTE LABELING AND

ADVERTISING ACT

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