308
PUBLIC LAW 86-671-JULY 5, 1960
[74
ST A T
Public Law 86-571 July 5, 1960 [S.2331]
U. S* nationals abroad. Mentally ill returnees, hospitalization. Definitions.
Reception.
Temporary care.
Payment.
Transfer to legal domicile.
AN ACT To provide for the hospitalization, at Saint Elizabeths Hospital in the District of Columbia or elsewhere, of certain nationals of the United States adjudged insane or otherwise found mentally ill in foreign countries, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of this Act, 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 r e f l a t i o n s of a State or political subdivision for the purpose of determining the eligibility of an individual for hospitalization in a public mental hospital. SEC. 2. (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 Act. 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 3709 of the Revised Statutes, as amended (41 U.S.C. 5), 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) to pay, m 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. SEC. 3. 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 loiown 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 arrange-
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