§ 321. — Definitions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 24USC321]
TITLE 24--HOSPITALS AND ASYLUMS
CHAPTER 9--HOSPITALIZATION OF MENTALLY ILL NATIONALS RETURNED FROM
FOREIGN COUNTRIES
Sec. 321. Definitions
For the purposes of this chapter except as the context may otherwise
require--
(a) The term ``Department'' means the Department of Health and Human
Services.
(b) The term ``Secretary'' means the Secretary of Health and Human
Services.
(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 and Human
Services) 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, Sec. 1, July 5, 1960, 74 Stat. 308; Pub. L. 96-88,
title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695.)
Change of Name
``Department of Health and Human Services'' substituted for
``Department of Health, Education, and Welfare'' in subsec. (a) and
``Secretary of Health and Human Services'' substituted for ``Secretary
of Health, Education, and Welfare'' in subsecs. (b) and (d)(2), pursuant
to section 509(b) of Pub. L. 96-88 which is classified to section
3508(b) of Title 20, Education.
Effective Date
Section 11 of Pub. L. 86-571 provided that: ``This Act [enacting
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].''
