United States Code

§ 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;

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

(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

(1) 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. (May 14, 1948, ch. 289, § 1, 62 Stat. 234; 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.

REPEALS

Section 2 of act May 14, 1948, repealed R. S. § 4878; acts Mar. 3, 1897, ch. 378, 29 Stat. 625; Mar. 4, 1911, ch. 285, § 1, 36 Stat. 1389; Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Apr. 15, 1920, ch. 140, 41 Stat. 552; June 13, 1935, ch. 223, 49 Stat. 339, formerly cited to this section, which contained provisions somewhat similar to the present text. Act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800 was also repealed by act Aug. 4, 1949, ch. 393, § 20, 63 Stat. 561.

§ 281a. Utilization of surplus military real property for cemeteries.

When the Secretary of the Army determines that there is need for an additional cemetery or cemeteries for the burial of members of the armed forces of the United States dying in the service or former members whose last discharge therefrom was honorable and certain other persons as provided for by section 281 of this title, he is authorized to utilize and expand existing facilities at Fort Rosecrans, California, and Jefferson Barracks, Missouri, when practicable, through the use of federally owned lands under the jurisdiction of the Department of the Army for military purposes and not needed for such purposes for the establishment thereon of a national cemetery or cemeteries. (Aug. 4, 1947, ch. 467, § 1, 61 Stat. 742.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

APPROPRIATIONS

Section 4 of act Aug. 4, 1947, provided: "There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums

as may be necessary to carry into effect the purposes of this Act [sections 281a-281c of this title]."

§ 281b. Same; expansion of existing cemeteries; limitation of area.

Upon the selection by the Secretary of the Army of such land, as provided in section 281a of this title, the Secretary of the Army is authorized and directed to expand existing national cemeteries and to provide for the care and maintenance thereof. No national cemetery as expanded pursuant to sections 281a281c of this title shall have an area in excess of six hundred and forty acres. (Aug. 4, 1947, ch. 467, § 2, 61 Stat. 742.)

CODIFICATION

§ 281c. Same; regulations by Secretary of the Army. The Secretary of the Army is authorized to prescribe such regulations as he may deem necessary for the administration of sections 281a-281c of this title. (Aug. 4, 1947, ch. 467, § 3, 61 Stat. 742.) CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10. Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

§ 281d. Utilization of surplus military real property for cemeteries at Fort Logan, Colo. When the Secretary of the Army determines that there is need for an additional cemetery or cemeteries for the burial of members of the armed forces of the United States dying in the service or former members whose last discharge therefrom was honorable and certain other persons as provided for by law, he is authorized to utilize such of the federally owned lands under the jurisdiction of the Department of the Army at Fort Logan, Colorado, as are not needed for military purposes for the establishment thereon of a national cemetery. (Mar. 10, 1950, ch. 52, § 1, 64 Stat. 15.)

APPROPRIATIONS

Section 4 of act Mar. 10, 1950, provided that: "There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry into effect the purposes of this Act [sections 281d-281f of this title]."

§ 281e. Same; selection of lands; care and maintenance; size.

Upon the selection by the Secretary of the Army of any lands, as provided in section 281d of this title, he is authorized and directed to establish thereon a national cemetery and to provide for the care and maintenance of such cemetery. No national cemetery established pursuant to sections

281d-281f of this title shall have an area in excess of one hundred and sixty acres. (Mar. 10, 1950, ch. 52, § 2, 64 Stat. 12.)

§ 281f. Same; rules and regulations by Secretary of the Army.

The Secretary of the Army is authorized to prescribe such regulations as he may deem necessary for the administration of sections 281d-281f of this title. (Mar. 10, 1950, ch. 52, § 3, 64 Stat. 12.)

§ 281g. Expansion of existing cemeteries.

The Secretary of the Army is authorized and directed

(a) To expand existing facilities at the Rock Island National Cemetery, Rock Island, Illinois, by utilizing not to exceed thirty acres of federally owned lands under the jurisdiction of the Department of the Army adjoining the present national cemetery facility, which are surplus to military needs, and to provide for the care and maintenance thereof under the same regulations as prescribed for other national cemeteries under the jurisdiction of the Department of the Army; and (b) To expand existing facilities at the Fort Leavenworth National Cemetery, Fort Leavenworth, Kansas, by utilizing not to exceed eight acres of federally owned land under the jurisdiction of the Department of the Army, adjoining the present national cemetery facility, which are surplus to military needs, and to provide for the care and maintenance thereof under the same regulations as prescribed for other national cemeteries under the jurisdiction of the Department of the Army.

The Secretary of the Navy is authorized to transfer, without compensation therefor, to the Secretary of the Army for cemeterial purposes such Government-owned land under the jurisdiction of the Department of the Navy, located adjacent to the Barrancas National Cemetery near the city of Pensacola, Florida, as may be determined by the Secretary of the Navy to be available for the expansion of said cemetery. The lands transferred pursuant to the provisions of this section shall be constituted a part of the Barrancas National Cemetery. (Aug. 10, 1950, ch. 672, §§ 1, 2, 64 Stat. 434.) CODIFICATION Section is comprised of sections 1 and 2 of act Aug. 10, 1950.

§ 282. Burial of Confederate veterans.

Persons dying in the District of Columbia or in the immediate vicinity thereof who have served in the Confederate armies during the Civil War may be buried in the Confederate section of the Arlington National Cemetery without additional expense to the United States upon the certificate of Camp Numbered 171, United Confederate Veterans of the District of Columbia, that such persons are entitled to burial under the authority given in this section: Provided, That all such interments shall be under the supervision and subject to the approval of the Secretary of the Army. (Aug. 24, 1912, ch. 355, § 1, 37 Stat. 440.)

CODIFICATION

§§ 283-285. Omitted.

CODIFICATION

Sections 283 and 284, R.S. §§ 4879, 4880, respectively, related to the military cemetery near City of Mexico and to the regulations for such cemetery, and are now covered by section 132 of Title 36, Patriotic Societies and Observances, and by Ex. Ord. No. 9873, July 17, 1947, 12 F.R. 4777, set out under such section.

Section 285, acts Feb. 24, 1925, ch. 306, § 2, 43 Stat. 970; May 10, 1928, ch. 515, 45 Stat. 494, which authorized the Secretary of War to accept the land comprising the burial place of President Zachary Taylor, and to establish a national cemetery thereon, has been omitted as executed.

§ 286. Penalty for defacing cemeteries.

Every person who willfully destroys, mutilates, defaces, injures, or removes any monument, gravestone, or other structure, or who willfully destroys, cuts, breaks, injures, or removes any tree, shrub, or plant within the limits of any national cemetery shall be deemed guilty of a misdemeanor, punishable by a fine of not less than $25, and not more than $100, or by imprisonment for not less than fifteen days, and not more than sixty. The superintendent in charge of any national cemetery is authorized to arrest forthwith any person engaged in committing any misdemeanor prohibited in this section, and to bring such person before any United States commissioner or judge of any district court of the United States within any State or district where any of the cemeteries are situated, for the purpose of holding such person to answer for such misdemeanor, and then and there shall make complaint in due form. (R. S. 4881; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.)

DERIVATION

Act Feb. 22, 1867, ch. 61, § 3, 14 Stat. 400.

§ 287. Jurisdiction of United States.

From the time any State legislature shall give the consent of such State to the purchase by the United States of any national cemetery, the jurisdiction and power of legislation of the United States over such cemetery shall in all courts and places he held to be the same as is granted by section 8, Article I, of the Constitution of the United States; and all provisions relating to national cemeteries shall be applicable to the same. (R. S. § 4882.)

DERIVATION

Act July 1, 1870, ch. 200, § 1, 16 Stat. 188.

§ 288. Single approach to cemeteries authorized.

No part of any appropriation for national cemeteries or the repair of roadways thereto shall be expended in the maintenance of more than a single approach to any national cemetery. (Feb. 12, 1925, ch, 225, title II, 43 Stat. 926; Apr. 15, 1926, ch. 146, title II, 44 Stat. 287; Feb. 23, 1927, ch. 167, title II,

44 Stat. 1138; Mar. 23, 1928, ch. 232, title II, 45 Stat. 354; Feb. 28, 1929, ch. 366, title II, 45 Stat. 1375.)

§ 289. Conveyance to State or municipality of approach road to national cemetery.

The Secretary of the Army is authorized to convey to any State, county, municipality, or proper agency thereof, in which the same is located, all the right, title, and interest of the United States in and to any Government owned or controlled approach road to any national cemetery: Provided, That prior to the delivery of any instrument of conveyance hereunder, the State, county, municipality, or agency to which the conveyance herein authorized is to be made, shall notify the Secretary of the Army in writing of its willingness to accept and maintain the road included in such conveyance: Provided further, That upon the execution and delivery of any conveyance herein authorized the jurisdiction of the United States of America over the road conveyed shall cease and determine and shall thereafter vest in the State in which said road is located. (May 23, 1941, ch. 130,

§ 1, 55 Stat. 191.)

CODIFICATION

REPEALS

Act Mar. 3, 1925, ch. 418, 43 Stat. 1104, formerly credited to text of this section, was repealed by act Feb. 20, 1931, ch. 235, 46 Stat. 1191.

SIMILAR PROVISIONS

The text of this section was taken from the War Department Civil Appropriation Act, 1942, act May 23, 1941. Similar provisions were contained in the following acts: 1940-June 24, 1940, ch. 415, § 1, 54 Stat. 506. 1939-June 28, 1939, ch. 246, § 1, 53 Stat. 857. 1938-June 11, 1938, ch. 348, § 1, 52 Stat. 668.

§ 290. Encroachment by railroad on rights-of-way. On and after July 27, 1953, no railroad shall be permitted upon any right-of-way acquired by the United States leading to a national cemetery, or to encroach on any roads or walks thereon maintained by the United States. (July 27, 1953, ch. 245, § 101, 67 Stat. 197.)

SIMILAR PROVISIONS

The text of this section was taken from the Civil Functions Appropriation Act, 1954. Similar provisions were contained in the following prior appropriation acts: 1952-July 11, 1952, ch. 669, § 101, 66 Stat. 579. 1951-Oct. 24, 1951, ch. 556, § 101, 65 Stat. 616. 1950-Sept. 6, 1950, ch. 896, ch. IX, § 101, 64 Stat. 725. 1949-Oct. 13, 1949, ch. 688, § 6, 63 Stat. 846. 1948-June 25, 1948, ch. 655, § 1, 62 Stat. 1019. 1947-July 31, 1947, ch. 411, § 1, 61 Stat. 686. 1946-May 2, 1946, ch. 247, § 1, 60 Stat. 161. 1945-Mar. 31, 1945, ch. 45, § 1, 59 Stat. 39. 1944-June 26, 1944, ch. 275, § 1, 58 Stat. 327. 1943-June 2, 1943, ch. 115, § 1, 57 Stat. 94. 1942-Apr. 28, 1942, ch. 246, § 1, 56 Stat. 220. 1941-May 23, 1941, ch. 130, § 1, 55 Stat. 191. 1940- June 24, 1940, ch. 415, § 1, 54 Stat. 506, 1939-June 28, 1939, ch. 246, § 1, 53 Stat. 857. 1938-June 11, 1938, ch. 348, § 1, 52 Stat. 668. 1937-July 19, 1937, ch. 511, § 1, 50 Stat. 515. 1936-May 15, 1936, ch. 404, § 1, 49 Stat. 1305.

1935-Apr. 9, 1935, ch. 54, title II, 49 Stat. 145. 1934-Apr. 26, 1934, ch. 165, title II, 48 Stat. 639. 1933-Mar. 4, 1933, ch. 281, title II, 47 Stat. 1595. 1932-July 14, 1932, ch. 482, title II, 47 Stat. 689. 1931-Feb. 23, 1931, ch. 279, title II, 46 Stat. 1302. 1930-May 28, 1930, ch. 348, title II, 46 Stat. 458. 1929-Feb. 28, 1929, ch. 366, title II, 45 Stat. 1375. 1928 Mar. 23, 1928, ch. 232, title II, 45 Stat. 354. 1927-Feb. 23, 1927, ch. 167, title II, 44 Stat. 1138. 1926-Apr. 15, 1926, ch. 146, title II, 44 Stat. 287. 1925-Feb. 12, 1925, ch. 54, title II, 49 Stat. 145.

§§ 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.

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.) § 296. Preservation of historic graveyards in abandoned military posts; conveyance to grantees. The Secretary of the Army is authorized in his discretion, and upon such terms and conditions as he may determine with or without monetary consideration, to transfer and convey all right, title, and interest of the United States in or to any historic military cemetery or burial plot located on military posts or reservations which have heretofore, or may hereafter, become abandoned or useless for military purposes, including the graves and monuments contained in such cemeteries or burial plots and approach roads and appurtenances thereto, together with the responsibility for the perpetual care and maintenance thereof, to any State, county, municipality, or proper agency thereof, in which or in the vicinity of which such cemetery or burial plot is located: Provided, That in the event the grantee shall cease or fail to care for and maintain the historic military cemetery or burial plot or the graves and monuments contained therein in a manner satisfactory to the Secretary of the Army, all such right, title, and interest transferred or conveyed by the United States, shall revert to the United States. (July 1, 1947, ch. 187, 61 Stat. 234.)

CODIFICATION

The Department of War was designated the Department of the Army and the title of the Secretary of War

was changed to Secretary of the Army by section 205 (a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205 (a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

Gorgas Memorial Laboratory, see section 278 et seq. of Title 22, Foreign Relations and Intercourse.

§ 301. Ancon Hospital to be known as Gorgas Hospital. In recognition of his distinguished services to humanity and as a fitting perpetuation of the name and memory of Major General William Crawford Gorgas, the Government hospital within the Canal Zone, near the City of Panama, known prior to March 24, 1928, as the Ancon Hospital, shall after such date be known and designated on the public records as the Gorgas Hospital. (Mar. 24, 1928. ch. 240, § 1, 45 Stat. 365.)

§ 302. Change of name as affecting various rights; records, maps, and public documents.

The change in the name of said hospital shall in no wise affect the rights of the Federal Government, or any municipality, corporation, association, or person; and all records, maps, and public documents of the United States in which said hospital is mentioned or referred to under the name of the Ancon Hospital or otherwise shall be held to refer to the said hospital under and by the name of the Gorgas Hospital. (Mar. 24, 1928, ch. 240, § 2, 45 Stat. 366.)

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

Sec. 321. 322.

323.

324.

COUNTRIES

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. Notification to committing court of discharge or conditional release.

327.

Sec.

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. 86-571, § 1, July 5, 1960, 74 Stat. 308.)

EFFECTIVE DATE

(Pub. L.

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 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.)

§ 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

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United States Code, Volume 6