An Act to provide for the hospitalization, at St. Elizabeths 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.
PL 86-571 (S.2331), enacted 07/05/1960

308 
PUBLIC LAW 86-671-JULY 5, 1960 
[74 ST A T 
July 5,1960 
[S.2331] 
Public Law 86-571 
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. 
U. S* 
nationals 
abroad. 
Mentally ill re-
turnees, hospital-
ization. 
Definitions. 
Reception. 
Temporary care. 
Payment. 
Transfer to legal 
domicile. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That for the pur-
poses of this Act, except as the context may otherwise require— 
(a) The term "Department" means the Department of Health, Ed-
ucation, and Welfare. 
(b) The term "Secretary" means the Secretary of Health, Educa-
tion, 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, Educa-
tion, 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 reflations of a State or political subdivision for the 
j)urpose of determining the eligibility of an individual for hospitaliza-
tion 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 ren-
der 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 with-
out 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, equi-
table, and practicable by him, (1) require any person receiving care 
and treatment or assistance pursuant to subsection (a) to pay, m ad-
vance 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-
74 S T A T . ] 
PUBLIC LAW 86-671-JULY 6, 1980 
309 
ment under section 2 or 4), endeavor to arrange with the proper au-
thorities of such State, or of a political subdivision thereof, for the 
assumption of responsibility for the care and treatment of such person 
by sudi 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 treat-
ment, 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 jyerson after having been fully informed as to his condition. 
SEC. 4. (a) Until the transfer and release of an eligible person 
pursuant to section 3, 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 with-
out regard to section 3709 of the Revised Statutes, as amended) at 
any other public or private hospital in any State and, for such pur-
poses, to transfer such person to any such hospital from a place of 
temporary care provided pursuant to section 2. 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. 
SEC. 5. (a) Any person admitted to any hospital pursuant to section 
2 or section 4 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 hos-
pitalization 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 justifying 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 Act, his legal guardian, spouse, or next of kin shall, if known, 
be immediately notified. 
SEC. 6. (a) If a person who is a patient hospitalized under section 
2 or section 4, or his legal guardian, spouse, or adult next of kin, re-
quests 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 forty-
eight 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. 
Hospitals. 
41 use 5. 
Limitation, 
R i g h t s 
tient. 
o f p a-
Request f o r re-
310 
PUBLIC LAW 86-571-JULY 5, 1960 
[74 ST A T . 
Release, 
to coiirt. 
F i n a n c i a l 
sponsibility. 
Transfers. 
(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 trans-
fer any person hospitalized under section 4 from one hospital to 
another, and to that end any judicial commitment of any person so 
hospitalized may be to the Secretary, 
notice 
gj,(3 7 IJ^ ^j^e QQ^gQ of any person hospitalized under section 4 who 
has been judicially committed to the Secretary's custody, the Secre-
tary shall, upon the discharge or conditional release of such person, 
or upon such person's transfer and release under section 3, notify the 
committing court of such discharge or conditional release or such 
transfer and release. 
SEC. 8. (a) Any person hospitalized under section 4 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 per-
son would, if resident in the District of Columbia, be liable to pay, 
under the laws of the District of Columbia, for his care and mamte-
nance 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 investiga-
tions as may be necessary to determine the ability of any person hos-
Eitalized under section 4 to pay or contribute toward the cost of his 
ospitalization. 
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 pre-
scribed by the Secretary on a basis comparable to that charged for any 
other paying patients and, in the case of persons hospitalized else-
where, the contract rate or a per diem rate fixed by the Secretary on 
the basis of the contract rate. 
SEC. 9. Appropriations for carrying out this Act shall also be avail-
able for the transportation of any eligible person and necessary at-
tendants to or from a hospital (including any hospital of a State 
or political subdivision to which an eligible person is released under 
section 3), to the place where a relative to whom any person is re-
leased under section 3 resides, or to a person's home upon his dis-
charge from hospitalization under this Act. 
SEC. 10. The following Acts are repealed, effective upon the date of 
enactment of legislation appropriating funds for carrying out this 
Act: 
(a) The Act entitled "An Act to provide for the admission to 
Saint Elizabeths Hospital of insane persons belonging to the Foreign 
Service of the United States", approved October 29, 1941 (24 U.S.C. 
191a). 
(b) The Act entitled "An Act to provide for the repatriation of 
certain insane American citizens", approved March 2,1929 (24 U.S.C. 
196a). 
SEC. 11. This Act shall, except as otherwise specified, take effect on 
the date of its enactment. 
Approved July 5, 1960. 
/ ' C o s t s 
charges". 
Appropriation for 
transportation. 
Repeals. 
65 Stat. 756. 
45 Stat. 1495. 
Effective date.