§ 211b. Insane persons accused of crime; delivery to court on restoration to sanity. When any person confined in Saint Elizabeths Hospital charged with crime and subject to be tried therefor, or convicted of crime and undergoing sentence therefor, shall be restored to sanity, the superintendent of the hospital shall give notice thereof to the judge of the criminal court, and deliver him to the court in obedience to the proper precept. § 4855; July 1, 1916, ch. 209, § 1, 39 Stat. 309.) DERIVATION Act Feb. 7, 1857, ch. 36, § 7, 11 Stat. 158. § 212. Transfer of insane convicts. (R. S. Upon the application of the Attorney General the Secretary of Health, Education, and Welfare is authorized and directed to transfer to Saint Elizabeths Hospital in the District of Columbia all persons who, having been charged with offenses against the United States, are in the actual custody of its officers, and all persons who have been or shall be convicted of any offense in a court of the United States and are imprisoned in any State prison or penitentiary of any State or Territory, and who during the term of their imprisonment have or shall become and be insane. (June 23, 1874, ch. 465, § 1, 18 Stat. 251; Aug. 7, 1882, ch. 433, § 1, 22 Stat. 330; July 1, 1916, ch. 209, § 1, 39 Stat. 309; 1940 Reorg. Plan No. IV, § 11 (a), eff. June 30, 1940, 5 F. R. 2422, 54 Stat. 1236; 1953 Reorg. Plan. No. 1, § 5, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.) TRANSFER OF FUNCTIONS All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out as a note under section 623 of Title 5, Executive Departments and Government Officers and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1. Transfer of Saint Elizabeths Hospital to Federal Security Agency, see note under section 161 of this title. § 213. Accommodation of insane convict in State asylums; compensation. In all cases where any person convicted in a court of the United States shall, while imprisoned under such conviction in any State prison or penitentiary, become and be insane, and there shall not be accommodation for such insane person at Saint Elizabeths Hospital, or if for other reasons the Attorney General is of opinion that such insane person should be placed at a State insane asylum rather than at said hospital, then the Attorney General shall have power in his discretion to contract with any State insane or lunatic asylum, within the State in which such convict is imprisoned, for his care and custody while remaining so insane; and in all cases where such convicts shall be transferred to a State asylum for insane convicts, in accordance with the laws of such State, the Attorney General is authorized and directed to compensate the said asylum, or the proper authorities controlling the same, for the care and custody of such insane convicts, until their removal or discharge, in such amounts as he shall deem just and reasonable; but no contract shall be made or compensation paid for the care of such insane person beyond their respective terms of imprisonment. (June 23, 1874, ch. 465, § 2, 18 Stat. 251; July 1, 1916, ch. 209, § 1, 39 Stat. 309.) § 214. Return to prison on restoration to sanity. Whenever such insane convict shall be restored to sanity, after he or she shall have been transferred under the provisions of sections 212 or 213 of this title, he or she shall be returned to the prison or penitentiary from which the transfer was made, provided the term of imprisonment shall not have expired. The questions of sanity in all cases arising under this section and sections 212 or 213 of this title shall be determined in accordance with the rules and regulations of existing laws, State or national, on that subject, applicable to the prison, penitentiary, or asylum where such convict shall be confined. (June 23, 1874, ch. 465, § 3, 18 Stat. 252.) §§ 215-220. Omitted. CODIFICATION Sections pertained only to the District of Columbia. Section 215, act Apr. 27, 1904, ch. 1618, § 1, 33 Stat. 316, related to apprehension and detention of certain insane persons in District of Columbia. Section 216, act Apr. 27, 1904, ch. 1618, § 2, 33 Stat. 317, related to arrest at other than public places in District of Columbia. Section 217, acts Apr. 27, 1904, ch. 1618, § 3, 33 Stat 317; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to temporary detention of alleged insane persons found in District of Columbia. Section 218, acts Apr. 27, 1904, ch. 1618, § 4, 33 Stat. 317; July 1, 1916, ch. 209, § 1, 39 Stat. 309, related to temporary commitment of persons found in District of Columbia to other hospital, or detention in police station. Section 219, acts Apr. 27, 1904, ch. 1618, § 5, 33 Stat. 318; Aug. 14, 1912, ch. 288, § 1, 37 Stat. 309, related to certificate by physician as to sanity or insanity found in District of Columbia. Section 220, act Apr. 27, 1904, ch. 1618, § 6, 33 Stat. 318, related to making false affidavit or certificate. § 221. Discharge of patients on bond. If any person will give bond with sufficient security, to be approved by the United States District Court for the District of Columbia, or by any judge thereof in vacation, payable to the United States, with condition to restrain and take care of any independent or indigent insane person not charged with a breach of the peace, whether in the hospital or not, until the insane person is restored to sanity, such court or judge thereof may deliver such insane per(R. S. § 4856; son to the party giving such bond. June 25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, § 32 (b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107.) DERIVATION Act Feb. 7, 1857, ch. 36, § 9, 11 Stat. 158. CHANGE OF NAME Act June 25, 1948, ch. 646, § 32(a), 62 Stat. 991, as amended by act May 24, 1949, ch. 139, § 127, 63 Stat. 107, substituted "United States District Court for the District of Columbia" in lieu of "district court of the United States for the District of Columbia." Act June 25, 1936, ch. 804, 49 Stat. 1921, substituted "district court of the United States for the District of Columbia" for "Supreme Court of the District of Columbia". Manner of acquisition of lands. 271a. State donations of land. 272. 273. 274. 275. 276. 277. 278. 279. Appraisement of real estate. Payment of appraised value. Fuel and quarters for superintendents. 279a. Headstones for unmarked graves of Civil War soldiers, members of armed forces, reserve components, National Guard, Air National Guard, and Reserve Officers Training Corps; compilation of list; inscription of names on Memorial. 279b. Same; rules and regulations. 279c. Same; preservation of records. 279d. Markers to honor memory of certain Armed Forces personnel. 280-280b. Repealed. 281. Persons to be buried in national cemeteries; removal of remains. 281a. Utilization of surplus military real property for cemeteries. 281b. Same; expansion of existing cemeteries; limitation of area. 281c. Same; regulations by Secretary of the Army. 281d. Utilization of surplus military real property for cemeteries at Fort Logan, Colo. 281e. Same; selection of lands; care and maintenance; size. 281f. Same; rules and regulations by Secretary of the 281g. Expansion of existing cemeteries. 282. Burial of Confederate veterans. 283-285. Omitted. transferred all functions of administration of certain historical national cemeteries located within the continental limits of the United States, including certain cemeteries administered by the War Department to the Director of National Parks, Buildings, and Reservations in the Department of the Interior. By Ex. Ord., No. 6228, July 28, 1933, also set out in note to section 132 of Title 5, Executive Departments and Government Officers and Employees, the operation of Executive Order No. 6166 as to the transfer of the specified national cemeteries was postponed until further order. except with regard to the following cemeteries located within the continental limits of the United States: NATIONAL MILITARY PARKS Chickamauga and Chattanooga National Military Park, Georgia and Tennessee. Fort Donelson National Military Park, Tennessee. Gettysburg National Military Park, Pennsylvania. Carolina. National Military Park, North Kings Mountain National Military Park, South Carolina. Moores Creek National Military Park, North Carolina. Petersburg National Military Park, Virginia. Shiloh National Military Park, Tennessee. Stones River National Military Park, Tennessee. Camp Blount Tablets, Lincoln County, Tennessee. Lee Mansion, Arlington National Cemetery, Virginia. NATIONAL CEMETERIES Battleground, District of Columbia. Fort Donelson, (Dover) Tennessee. Poplar Grove, (Petersburg) Virginia. CHANGE OF NAME The Director of National Parks, Buildings and Reservations was renamed the Director of National Park Service by act Mar. 2, 1934, ch. 38, 48 Stat. 362. NATIONAL CEMETERIES IN FOREIGN COUNTRIES The functions of administration pertaining to national cemeteries located in foreign countries, which were transferred to the Department of State, were revoked and the functions of administration pertaining to national cemeteries and memorials located in Europe, together with personnel, records, etc. were transferred to the American Battle Monuments Commission by Ex. Ord. No. 6614, April 25, 1934, set out in note under section 132 of Title 5, Executive Departments and Government Officers and Employees. § 271. Manner of acquisition of lands. The Secretary of the Army shall purchase from the owners thereof, at such price as may be mutually agreed upon between the Secretary and such owners, such real estate as in his judgment is suitable and necessary for the purpose of carrying into effect the provisions for national cemeteries, and obtain from such owners the title in fee simple for the same. And in case the Secretary of the Army is not able to agree with any owner upon the price to be paid for any real estate needed for such purpose, or to obtain from such owner title in fee simple for the same, the Secretary is authorized to enter upon and appropriate any real estate which, in his judgment, is suitable and necessary for such purposes. (R. S. § 4870.) DERIVATION Act Feb. 22, 1867, ch. 61, § 4, 14 Stat. 400. 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. TRANSFER OF FUNCTIONS See note preceding this section. § 271a. State donations of land. The Secretary of the Army is authorized to accept (on behalf of, and without cost to, the United States) from any State title to such land as he deems suitable for national cemetery purposes. Upon the acquisition of such land by the United States, the Secretary of the Army is authorized to establish thereon a national cemetery and to provide for the care and maintenance of such national cemetery. (June 29, 1938, ch. 808, 52 Stat. 1233.) 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. TRANSFER OF FUNCTIONS Transfers of functions, see note preceding section 271 of this title. § 272. Appraisement of real estate. The Secretary of the Army or the owners of any real estate thus entered upon and appropriated are authorized to make application for an appraisement of real estate thus entered upon and appropriated, to any district court within any State or district where such real estate is situated; and such court shall, upon such application, and in such mode and under such rules and regulations as it may adopt, make a just and equitable appraisement of the cash value of the several interests of each and every owner of such real estate and improvements thereon. (R. S. § 4871; Mar. 3, 1911, ch. 231, § 291, 36 Stat. 1167.) DERIVATION Act Feb. 22, 1867, ch. 61, § 5, 14 Stat. 400. 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. TRANSFER OF FUNCTIONS Transfers of functions, see note preceding section 271 of this title. § 273. Payment of appraised value. When appraisement of the real estate thus entered upon and appropriated has been made under the order and direction of the court, the fee simple thereof shall, upon payment to the owner of the appraised value, or in case such owner refuses or neglects for thirty days after the appraisement of the cash value of the real estate or improvements as aforesaid, to demand the same from the Secretary of the Army, upon depositing the appraised value in the court making such appraisement, to the credit of such owner, be vested in the United States, and its jurisdiction over such real estate shall be exclusive and the same as its jurisdiction over real estate purchased, ceded, or appropriated for the purposes of navy yards, forts, and arsenals. The Secretary of the Army is authorized and required to pay to the several owner or owners, respectively, the appraised value of the several pieces or parcels of real estate, as specified in the appraisement of any of such courts, or to pay into any of such courts by deposit, as provided in this section, the appraised value; and the sum necessary for such purpose may be taken from any moneys appropriated for the purposes of national cemeteries. (R. S. § 4872.) DERIVATION Act Feb. 22, 1867, ch. 61, § 6, 14 Stat. 400. 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. TRANSFER OF FUNCTIONS Transfers of functions, see note preceding section 271 of this title. § 274. Superintendents of cemeteries. The Secretary of the Army shall cause to be erected at the principal entrance of each national cemetery a suitable building to be occupied as a porter's lodge; and shall appoint a meritorious and trustworthy superintendent to reside therein, for the purpose of guarding and protecting the cemetery and giving information to parties visiting the same. (R. S. § 4873.) DERIVATION Act Feb. 22, 1867, ch. 61, § 2, 14 Stat. 400. 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. TRANSFER OF FUNCTIONS Transfers of functions, see note preceding section 271 of this title. § 275. Selection of superintendents. Superintendents of national cemeteries shall be selected from among meritorious and trustworthy persons who served in the Armed Forces of the United States, and who either were retired for physical disability, or were discharged or released therefrom under honorable conditions and are entitled to receive compensation for disability under the laws administered by the Veterans' Administration. (Mar. 24, 1948, ch. 143, § 1, 62 Stat. 84; Aug. 30, 1961, Pub. L. 87-178, 75 Stat. 411.) AMENDMENTS 1961-Pub. L. 87-178 eliminated the requirement that the disability had to be incurred in line of duty for active field service. REPEALS Section 2 of act Mar. 24, 1948, repealed section 4874 of Revised Statutes, which related to selection of superintendents, and was formerly set out as this section. § 276. Fuel and quarters for superintendents. The superintendents of the national cemeteries shall be furnished with quarters and fuel at the several cemeteries. (R. S. § 4875; July 30, 1912, ch. 258, 37 Stat. 240.) DERIVATION Act May 18, 1872, ch. 173, § 2, 17 Stat. 135. § 277. Superintendent of Antietam Battlefield. CODIFICATION Section, acts Feb. 12, 1925, ch. 225, title II, 43 Stat. 926; Apr. 15, 1926, ch. 146, title II, 44 Stat. 288, expired with the appropriation acts of which it was a part. § 278. Care and maintenance of cemeteries. The Secretary of the Army shall provide for the care and maintenance of the national military cemeteries. (July 24, 1876, ch. 226, § 1, 19 Stat. 99; June 10, 1921, ch. 18, §§ 206, 215, 42 Stat. 21, 23; Sept. 12, 1950, ch. 946, title III, § 301 (96), 64 Stat. 844.) 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 De partment of the Army under the administrative supervision of a Secretary of the Army. AMENDMENTS 1950-Act Sept. 12, 1950, repealed the provision requiring submission of an estimate with annual estimates to the Bureau of the Budget, for the purpose of providing for care and maintenance of the national military cemetries. § 279. Inclosure, headstones, and registers. In the arrangement of the national cemeteries established for the burial of deceased soldiers and sailors, the Secretary of the Army is directed to have the same inclosed with a good and substantial stone or iron fence; and to cause each grave to be marked with a small headstone or block which shall be of durable stone, and of such design and weight as shall keep it in place when set, and shall bear the name of the soldier and the name of his State inscribed thereon, when the same are known, and also with the number of the grave inscribed thereon, corresponding with the number opposite to the name of the party in a register of burials to be kept at each cemetery and at the Office of Secretary of the Army, which shall set forth the name, rank, company, regiment, and date of death of the officer or soldier; or if these are unknown, it shall be so recorded. (R. S. § 4877.) DERIVATION Acts Feb. 22, 1867, ch. 61, § 1, 14 Stat. 399; June 8, 1872, ch. 368, 17 Stat. 345; Mar. 3, 1873, ch. 229, 17 Stat. 545. 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. § 279a. Headstones for unmarked graves of Civil War soldiers, members of armed forces, reserve components, National Guard, Air National Guard, and Reserve Officers Training Corps; compilation of list; inscription of names on Memorial. The Secretary of the Army is authorized and directed to furnish, when requested, appropriate Government headstones or markers at the expense of the United States for the unmarked graves of the following: (1) Soldiers of the Union and Confederate Armies of the Civil War. (2) Members of the Armed Forces of the United States dying in the service and former members whose last service terminated honorably. (3) Persons buried in post and national cemeteries. (4) Members of a reserve component of the Armed Forces of the United States, and members of the Army National Guard or the Air National Guard, whose death occurred under honorable conditions while they were (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 members of the Army National Guard or the Air National Guard; or (D) hospitalized or undergoing treatment, at the expense of the United States, for injury or disease contracted or incurred under honorable conditions while they were (i) 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. (5) Members of the Reserve Officers Training Corps of the Army, Navy, or Air Force whose death occurred under honorable conditions while they were (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 they were (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. The Secretary of the Army is authorized and directed to furnish, when requested, an appropriate memorial headstone or marker to commemorate any member of the armed forces of the United States dying in the service, whose remains have not been recovered or identified or were buried at sea, for placement by the applicant in a national cemetery or in any private or local cemetery. The Secretary of the Army, the Secretary of the Navy, and the Secretary of the Air Force are authorized and directed to compile a list of the names of all members of the armed forces of the United States who died while serving in such forces in the overseas theaters of operations on or after September 3, 1939, and whose bodies have not been recovered or identified or have been buried at sea. Upon the compilation of such list of names and other appropriate data, the American Battle Monuments Commission and the Secretary of the Army are authorized and directed to provide for the inscribing of each such name and pertinent data with respect to the individual on the wall of a chapel or other appropriate memorial erected by the American Battle Monuments Commission or by the Department of the Army. In determining the particular chapel or other memorial on the wall of which any particular name shall be inscribed, the Commission and the Secretary shall follow the general rule of having the name inscribed upon the wall of that chapel or other memorial which is appropriate in view of the circumstances under which the deceased died in the service of his country. (July 1, 1948, ch. 791, § 1, 62 Stat. 1215: Aug. 14, 1958, Pub. L. 85-644, § 1 (1), 72 Stat. 601; Aug. 28, 1958, Pub. L. 85-811, 72 Stat. 978.) AMENDMENTS 1958-Pub. L. 85-811 permitted Secretary to furnish headstones for unmarked graves of members of a reserve component of the Armed Forces, members of Army National Guard or Air National Guard, and members of the Reserve Officers Training Corps of the Army, Navy or Air Force, whose death, injuries, illness, or disease occurred or was contracted under honorable conditions and in specified circumstances incident to service on behalf of the United States. Pub. L. 85-644 authorized the furnishing, upon request, of headstones or markers for armed forces members whose remains have not been recovered or identified, for placement by applicant in national, private, or local cemeteries. § 279b. Same; rules and regulations. The Secretary of the Army is authorized to prescribe such rules and regulations with respect to the submission of applications for all Government headstones and markers and other pertinent matters as may be necessary to carry out the provisions of sections 279a-279c of this title. (July 1, 1948, ch. 791, § 2, 62 Stat. 1216; Aug. 14, 1958, Pub. L. 85-644, § 1, (2), 72 Stat. 602.) AMENDMENTS 1958-Pub. L. 85-644 substituted provisions authorizing Secretary to prescribe rules and regulations as to applications for headstones and markers and other pertinent matters, for provisions directing Secretary to make rules and regulations concerning type, design, weight, and size of headstones. § 279c. Same; preservation of records. The Secretary of the Army shall cause to be preserved in the records of his office, the names when known, and places of burial of all persons for whom headstones or markers are authorized by section 279a of this title. The rank, organization, date of death, and such other information as the Secretary of the Army prescribes shall be included in the record. (July 1, 1948, ch. 791, § 3, 62 Stat. 1216.) § 279d. Markers to honor memory of certain Armed Forces personnel. The Secretary of the Interior and the Secretary of the Army shall set aside, when available, suitable plots in the national cemeteries under their jurisdiction to honor the memory of members of the Armed Forces missing in action, or who died or were killed while serving in such forces, and whose remains have not been identified, have been buried at sea, or have been determined to be nonrecoverable, and shall, under regulations to be jointly prescribed by them, permit the erection of appropriate markers thereon in honor of any such member or group of members. (Aug. 27, 1954, ch. 1013, 68 Stat. 880; July 3, 1956, ch. 509, 70 Stat. 489.) AMENDMENTS 1956 Act July 3, 1956. authorized the setting aside of suitable plots for members of the Armed Forces who died or were killed while serving in the Armed Forces, and whose remains have not been identified, have been buried at sea, or have been determined to be nonrecoverable. §§ 280-280b. Repealed. July 1, 1948, ch. 791, § 4, 62 Stat. 1216. Section 280, act Feb. 3, 1879, ch. 44, 20 Stat. 281, related to headstones in private cemeteries, and is now covered by sections 279a-279c of this title. Section 280a, act Feb. 26, 1929, ch. 324, 45 Stat. 1307, related to headstones for Confederate soldiers, and is now covered by sections 279a-279c of this title. Section 280b, act Apr. 18, 1940, ch. 109, 54 Stat. 142, related to standard headstones and is now covered by sections 279a-279c of this title. |