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Findings, modification.

62 Stat. 928.

PUBLIC LAW 90-448-AUG. 1, 1968

[82 STAT.

to adduce additional evidence, and shall show to the satisfaction of the court that such additional evidence is material and that there were reasonable grounds for failure to adduce such evidence in the hearing before the Secretary, the court may order such additional evidence to be taken before the Secretary and to be adduced upon a hearing in such manner and upon such terms and conditions as to the court may seem proper. The Secretary may modify his findings as to the facts by reason of the additional evidence so taken, and shall file such modified or new findings, which, if supported by substantial evidence, shall be conclusive, and his recommendation, if any, for the modification or setting aside of the original order. Upon the filing of such petition, the jurisdiction of the court shall be exclusive and its judgment and decree, affirming, modifying, or setting aside, in whole or in part, any order of the Secretary, shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. (b) The commencement of proceedings under subsection (a) shall not, unless specifically ordered by the court, operate as a stay of the Secretary's order. L I M I T A T I O N OF ACTIONS

SEC. 1412. No action shall be maintained to enforce any liability created under section 1410(a) or (b)(2) unless brought within one year after the discovery of the untrue statement or the omission, or after such discovery should have been made by the exercise of reasonable diligence, or, if the action is to enforce a liability created under section 1401(b)(1), unless brought within two years after the violation upon which it is based. In no event shall any such action be brought by a purchaser more than three years after the sale or lease to such purchaser. CONTRARY S T I P U L A T I O N S VOID

SEC. 1413. Any condition, stipulation, or provision binding any person acquiring any lot in a subdivision to waive compliance with any provision of this title or of the rules and regulations of the Secretary shall be void. ADDITIONAL

REMEDIES

SEC. 1414. The rights and remedies provided by this title shall be in addition to any and all other rights and remedies that may exist at law or in equity. I N V E S T I G A T I O N S, I N J U N C T I O N S, A N D PROSECUTION OF OF F E N S E S

Investigation authority.

SEC. 1415. (a) Whenever it shall appear to the Secretary that any ]jerson is engaged or about to engage in any acts or practices which constitute or will constitute a violation of the provisions of this title, or of any rule or regulation prescribed pursuant thereto, he may, in his discretion, bring an action in any district court of the United States, or the United States District Court for the District of Columbia to enjoin such acts or practices, and, upon a proper showing, a permanent or temporary injunction or restraining order shall be granted without bond. The Secretary may transmit such evidence as may be available concerning such acts or practices to the Attorney General who may, in his discretion, institute the appropriate criminal proceedings under this title. (b) The Secretary may, in his discretion, make such investigations as he deems necessary to determine whether any person has violated or is about to violate any provision of this title or any rule or regulation prescribed pursuant thereto, and may require or permit any

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person to file with him a statement in writing, mider oath or otherwise as the Secretary shall determine, as to all the facts and circumstances concerning the matter to be investigated. The Secretary is Publication of authorized, in his discretion, to publish information concerning any inf°'""'«ti°n such violations, and to investigate any facts, conditions, practices, or matters which he may deem necessary or proper to aid in the enforcement of the provisions of this title, in the prescribing of rules and regulations thereunder, or in securing information to serve as a basis for recommending further legislation concerning the matters to which this title relates. (c) For the purpose of any such investigation, or any other pro- subpena power. ceeding under this title, the Secretary, or any officer designated by him, is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memorandums, or other records which the Secretary deems relevant or material to the inquiry. Such attendance of witnesses and the production of any such records may be required from any place in the United States or any State at any designated place of hearing. (d) I n case of contumacy by, or refusal to obey a subpena issued to, any person, the Secretary may invoke the aid of any court of the United States within the jurisdiction of which such investigation or proceeding is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, papers, correspondence, memorandums, and other records and documents. And such court may issue an order ^J^i*"^,^^t^' requiring such person to appear before the Secretary or any officer court order. designated by the Secretary, there to produce records, if so ordered, or to give testimony touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by such court as a contempt thereof. All process in any such case may be served in the judicial district whereof such person is an inhabitant or wherever he may be found. (e) No person shall be excused from attending and testifying or from producing books, papers, correspondence, memorandums, and other records and documents before the Secretary, or in obedience to the subpena of the Secretary or any officer designated by him, or in any cause or proceeding instituted by the Secretary, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no individual shall be prosecuted or subject to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled, after having claimed his privilege against self-incrimination, to testify or produce evidence, documentary or otherwise, except that such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. ADMINISTRATION"

SEC. 1416. (a) The authority and responsibility for administering this title shall be in the Secretary of Housing and Urban Development who may delegate any of his functions, duties, and powers to employees of the Department of Housing and Urban Development or to boards of such employees, including functions, duties, and powers with respect to investigating, hearing, determining, ordering, or otherwise acting as to any work, business, or matter under this title. The persons to whom such delegations are made with respect to hearing functions, duties, and powers shall be appointed and shall serve in the

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 598 80 Stat. 415-

528.

Records of

hearings.

60 Stat. 237.

5 USC 551 et seq.

PUBLIC LAW 90-448-AUG. 1, 1968

[82 STAT.

Department in compliance with sections 3105, 3344, 5362, and 7521 of title 5 of the United States Code. The Secretary shall by rule prescribe such rights of appeal from the decisions of his hearinjj examiners to other hearing examiners or to other officers in the Department, to boards of officers or to himself, as shall be appropriate and in accordance with law. (b) All hearings shall be public and appropriate records thereof shall be kept, and any order issued after such hearing shall be based on the record made in such hearing which shall be conducted in accordance with the provisions of the Administrative Procedure Act. ^

UNLAWFUL REPRESENTATIONS

SEC. 1417. The fact that a statement of record with respect to a subdivision has been filed or is in effect shall not be deemed a finding by the Secretary that the statement of record is true and accurate on its face, or be held to mean the Secretary has in any way passed u^)on the merits of, or given approval to, such subdivision. It shall be unlawful to make, or cause to pe made, to any prospective purchaser any representation contrary to the foregoing. PENALTIES

SEC. 1418. Any person who willfully violates any of the provisions of this title or the rules and regulations prescribed pursuant thereto, or any person who willfully, in a statement of record filed under, or in a property report issued pursuant to, this title, makes any untrue statement of a material fact or omits to state any material fact required to be stated therein, shall UJKJU conviction be fined not more than ?i>5,000 or imprisoned not more than five years, or both. RULES, RE(U'LA'IIONS. AND ORDERS

SEC. 1419. The Secretary shall have authority from time to time to make, issue, amend, and rescind such rules and regulations and such orders as are necessary or appropriate to the exercise of the functions and powers conferred upon him elsewhere in this title. For the pur[X)se of his rules and regulations, the Secretary may classify persons and matters within his jurisdiction and prescribe different requirements for different classes of persons or matters. JURISDICTION o r

62 Stat. 928, ^^^'

OFFENSES AND SUITS

SEC. 1420. (a) The district courts of the United States, the United States courts of any territory, and the United States District Court for the District of Columbia shall have jurisdiction of offenses and violations under this title and under the rules and regulations prescribed by the Secretary pursuant thereto, and concurrent with State courts, of all suits in equity and actions at law brought to enforce any liability or duty created by this title. Any such suit or action may be brought to enforce any liability or duty created by this title. Any such suit or action may be brought in the district wherein the defendant is found or is an inhabitant or transacts business, or in the district where the offer or sale took place, if the defendant participated therein, and process in such cases may be served in any other district of which the defendant is an inhabitant or wherever the defendant may be found. Judgments and decrees so rendered shall be subject to review as provided in sections 1254 and 1291 of title 28, United States Code. No case arising under this title and brought in any State court of competent jurisdiction shall be removed to any court of the United States, except where the United States or any officer of employee of the United

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599

L'tates in his official capacity is a party. No costs shall be assessed for or against the Secretary in any proceeding under this title brought by or against him in the Supreme Court or such other courts. APPROPRIATIONS

SEC. 1421. There are authorized to be appropriated such sums as may be necessary to carry out this title. EFFECTIVE DATE

SEC. 1422. This title shall take effect upon the expiration of two hundred and seventy days after the date of its enactment. TITLE XV—MORTGAGE INSURANCE FOR NONPROFIT HOSPITALS AMENDMENT TO N A T I O N A L H O U S I N G ACT

SEC. 1501. Title II of the National Housing Act is amended by,,^,25^0 1707adding at the end thereof (after the new section added by section 1715y. 807 of this Act) the following new section: "MORTGAGE INSURANCE FOR NONPROFIT HOSPITALS

"SEC. 242. (a) The purpose of this section is to assist the provision of urgently needed hospitals for the care and treatment or persons who are acutely ill or who otherwise require medical care and related services of the kind customarily furnished only (or most effectively) by hospitals. "(b) For the purposes of this section— " (1) the term 'hospital' means a facility— " (A) which provides community service for inpatient medical care of the sick or injured (including obstetrical care); " (B) not more than 50 per centum of the total patient days of which during any year are customarily assignable to the categories of chronic convalescent and rest, drug and alcoholic, epileptic, mentally deficient, mental, nervous and mental, and tuberculosis; and " (C) which is owned and operated by one or more nonprofit corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual; and " (2) the terms 'mortgage' and 'mortgagor' shall have the meanings respectfully set forth in section 207(a) of this Act. "(c) The Secretary is authorized to insure any mortgage (including advances on such mortagage during construction) in accordance with the provisions of this section upon such terms and conditions as he may prescribe and to make commitments for insurance of such mortgage prior to the date of its execution or disbursement thereon. " (d) I n order to carry out the purpose of this section, the Secretary is authorized to insure any mortgage which covers a new or rehabilitated hospital, including equipment to be used in its operation, subject to the following conditions: " (1) The mortgage shall be executed by a mortgagor approved by the Secretary. The Secretary may in his discretion require any such mortgagor to be regulated or restricted as to charges and methods of financing, and, in addition thereto, if the mortgagor is a corporate entity, as to capital structure and rate of return. As an aid to the regulation or restriction of any mortgagor with respect to any of the fore-

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 600

78 Stat. 452. 42 USC 291d.

12 USC 1713.

PUBLIC LAW 90-448-AUG. 1, 1968

going matters, the Secretary may make such contracts with and acquire for not to exceed $100 such stock or interest in such mortgagor as he may deem necessary. Any stock or interest so purchased shall be paid for out of the General Insurance Fund, and shall be redeemed by the mortgagor at par upon the termination of all obligations of the Secretary under the insurance. "(2) The mortgage shall involve a principal obligation in an amount not to exceed $25,000,000, and not to exceed 90 per centum of the estimated replacement cost of the property or project, including equipment to be used in the operation of the hospital, when the proposed improvements are completed and the equipment is installed. "(3) The mortgage shall— " (A) provide for complete amortization by periodic payments within such term as the Secretary shall prescribe, and " (B) bear interest (exclusive of premium charges for insurance and service charges, if any) at not to exceed such per centum per annum (not in excess of 6 per centum), on the amount of the principal obligation outstanding at any time, as the Secretary finds necessary to meet the mortgage market. "(4) The Secretary shall not insure any mortgage under this section unless he has received, from the State agency designated in accordance with section 604(a)(1) of the Public Health Service Act for the State in which is located the hospital covered by the mortgage, a certification that (A) there is a need for such hospital, and (B) there are in force in such State or the political subdivision of the State in which the proposed hospital would be located reasonable minimum standards of licensure and methods of operation for hospitals. No such mortgage shall be insured under this section unless the Secretary has received such assurance as he may deem satisfactory from the State agency that such standards will be applied and enforced with respect to any hospital located in the State for which mortgage insurance is provided under this section. "(e) The Secretary may consent to the release of a part or parts of the mortgaged property or project from the lien of any mortgage insured under this section upon such terms and conditions as he may prescribe. " (f) The activities and functions provided for in this section shall be carried out by the agencies involved so as to encourage programs that undertake responsibility to provide comprehensive health care, including outpatient and preventive care, as well as hospitalization, to a defined population. " (g)(1) Notwithstanding any of the other provisions of this title, the Secretary may insure under this section a mortgage which provides permanent financing or refinancing of existing mortgage indebtedness in the case of a hospital whose permanent financing is presently lacking, if the construction of such hospital was completed between January 1, 1966, and the date of the enactment of this Act. "(2) The aggregate principal balance of all mortgages insured under paragraph (1) and outstanding at any one time shall not exceed $20,000,000. " (h) The provisions of subsections (d), (e), (g), (h), (i), (j), (k), (1), and (n) of section 207 shall apply to mortgages insured under this section and all references therein to section 207 shall be deemed to refer to this section." LABOR

12 USC 1715c.

[82 STAT.

STANDARDS

gEC. 1502. Section 212(a) of the National Housing Act is amended by inserting after the fifth sentence the following new sentence: "The provisions of this section.shall also apply to the insurance of any mortgage under section 242, except that compliance with such provisions

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PUBLIC LAW 90-448-AUG. 1, 1968

may be waived by the Secretary in cases or classes of cases where laborers or mechanics, not otherwise employed at any time on the project, voluntarily donate their services without compensation for the purpose of lowering the costs of construction and the Secretary determines that any amounts thereby saved are fully credited to the nonprofit corporation or association undertakhig the construction; and each laborer or mechanic employed on any facility covered by a mortgage insured under section 242.shall receive compensation at a rate not less than one and one-half times his basic rate of pay for all hours worked in any workweek in excess of eight hours in any workday or forty hours in the workweek, as the case may be."

601

Ante, p. 599.

TITLE XVI—HOUSING GOALS AND ANNUAL HOUSING REPORT REAFFIRMATION

OF GOAL

SEC. 1601. The Congress finds that the supply of the Nation's housing is not increasing rapidly enough to meet the national housing goal, established in the Housing Act of 1949, of the "realization as soon as 63 Stat. 413. feasible of the goal of a decent home and a suitable living environment notl^^*^ '^^^ for every x\merican family". The Congress reaffirms this national housing goal and determines that it can be substantially achieved within the next decade by the construction or rehabilitation of twenty-six million housing units, six million of these for low and moderate income families. REPORT O U T L I N I N G

PLAN

SEC. 1602. Not later than January 15, 1969, the President shall make Report to cona report to the Congress setting forth a plan, to be carried out over ^'^contents. a period of ten years (June 30, 1968, to June 30, 1978), for the elimination of all substandard housing and the realization of the goal referred to in section 1601. Such plan shall—• (1) indicate the number of new or rehabilitated housing un^ts which it is anticipated will have to be provided, with or without Government assistance, during each fiscal year of the ten-year period, in order to achieve the objectives of the plan, showing the number of such units which it is anticipated will have to be provided under each of the various Federal programs designed to assist in the provision of housing; (2) indicate the reduction in the number of occupied substandard housing units which it is anticipated will have to occur during each fiscal year of the ten-year period in order to achieve the objectives of the plan; (3) provide an estimate of the cost of carrying out the plan for each of the various Federal programs and for each fiscal year during the ten-year period to the extent that such costs will be reflected in the Federal budget; (4) make recommendations with respect to the legislative and administrative actions necessary or desirable to achieve the objectives of the plan; and (5) provide such other pertinent data, estimates, and recommendations as the President deems advisable. Such report shall, in addition, contain a projection of the residential mortgage market needs and prospects during the coming year, including an estimate of the requirements with respect to the availability, need, and flow of mortgage funds (particularly in declining urban and rural areas) during such year, together with such recommendations as may be deemed appropriate for encouraging the availability of such funds.

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PUBLIC LAW 90-448-AUG. 1, 1968

[82 STAT.

PERIODIC REPORTS

c<fn^^resV° c"omrnts.

^^^- ^^^'^' 9 ^ JHuary 15, 1970, and on each succeeding year through 1979, the President shall submit to the Congress a report which shall— (1) compare the results achieved during the preceding fiscal year for the completion of new or rehabilitating housing units and the reduction in occupied substandard housing with the objectives established for such year under the plan; (2) if the comparison provided under clause (1) shows a failure to achieve the objectives set for such year, indicate (A) the reasons for such failure; (B) the steps being taken to achieve the objectives of the plan during each of the remaining fiscal years of the ten-year period; and (C) any necessary revision in the objectives established under the plan for each such year; (3) project residential mortgage market needs and prospects for the coming calendar year including an estimate of the requirements with respect to the availability, need, and flow of mortgage funds (particularly in declining urban and rural areas) during such period, in order to achieve the objectives of the plan; (4) provide an analysis of the monetary and fiscal policies of the Government for the coming calendar year required to achieve the objectives of the plan and the impact upon the domestic economy of achieving the plan's objectives for such period; (5) make recommendations with respect to any additional legislative or administrative action which is necessary or desirable to achieve the objectives of the plan; and (6) provide such other pertinent data, estimates, and recommendations as the President deems advisable. COMMISSION ON MORTGAGE INTEREST RATES

7o"tlr*inV' 12 USC i7oie i7oid-3. Ante, p. 114.

SEC. 1604. Funds appropriated and available for studies of housing markets and credit a,s authorized by section 301 of the Housing Act of ^^^^ ^^^ section 602(a) of the Housing Act of 1956 shall be available for expenses of the Commission established by section 4(b) of Public i^aw 90-301, including the report required to be rendered by such /-,

•

•

'

'^

tr

i

j

Commission. TITLE XVII—MISCELLANEOUS MODEL CITIES

 * 2 us^c ^^11'

SEC. 1701. (a) Section 111(a) of the Demonstration Cities and Metropolitan Development Act of 1966 is amended— (1) by striking out "and" the third time it appears,; and (2) by inserting before the period at the end thereof ", and not to exceed $12,000,000 for the fiscal year ending June 30, 1969". (b) Section 111(b) of such Act is amended— (1) by striking out "and" the third time it appears; and (2) by inserting before the period at the end thereof ", and not to exceed $1,000,000,000 for the fiscal year ending June 30, 1970". (c) Section 111(c) of such Act is amended to read as follows: "(c) Any amounts appropriated under this section shall remain available until expended, and any amounts authorized for any fiscal year under this section but not appropriated may be appropriated for any succeeding fiscal year commencing prior to July 1, 1970."

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 82 STAT. ]

PUBLIC LAW 90-44S-AUG. 1, 1968

603

URBAN RENEWAL DEMONSTRATION GRANT PROGRAM

SEC. 1702. (a) Section 314(a) of the Housing Act of 1954 is,^%ll%\^_^'' amended— 42 USC 1452a. (1) by striking out in the first sentence "to public bodies, including cities and other political subdivision," and inserting in lieu thereof "to public bodies (including cities and other political subdivisions) and nonprofit organizations,"; (2) by inserting after the first sentence the following: " I n the case of any such grant to a nonprofit organization, the Secretary shall require that the assisted activities and undertakings are not inconsistent with the program of the local public agency."; and (3) by striking out m the second sentence "No such grant shall exceed two-thirds of the cost, as determined or estimated by said Secretary, of such activities or undertakings," and inserting in lieu thereof the following: "No such grant shall exceed 90 per centum of the cost, as determined or estimated by the Secretary, of the assisted activities or undertakings,". (b) Section 314(c) of such Act is amended by striking out "$10,000,000" and inserting in lieu thereof "$20,000,000". AUTHORIZATION FOR URBAN INFORMATION AND TECHNICAL ASSISTANCE SERVICES PROGRAM

SEC. 1703. (a) The first sentence of section 906 of the Demonstration Cities and Metropolitan Development Act of 1966 is amended by striking out "and not to exceed $5,000,000 for the fiscal year ending June 30, 1968" and inserting in lieu thereof "not to exceed $5,000,000 for each of the fiscal years 1968 and 1969, and not to exceed $15,000,000 for fiscal year 1970". (b) The second sentence of section 906 of such Act is amended to read as follows: "Any amounts appropriated under this section shall remain available until expended, and any amounts authorized for any fiscal year under this section but not appropriated may be appropriated for any succeeding fiscal year commencing prior to July 1, 1970."

 * ^?1^* ^284.

ADVANCES I N TECHNOLOGY I N HOUSING AND URBAN DEVEL0P3IENT

SEC. 1704. (a) Section 1010(d) of the Demonstration Cities and Metropolitan Development Act of 1966 is amended by inserting before '^^ '^sc 3372. the period at the end of the first sentence the following: ", and not to exceed such sums for subsequent fiscal years as may be necessary". (b) Section 1010(c) of such Act is amended by striking out "two years" in the second sentence and inserting in lieu thereof "four years". (c) Section 1010(a) of such Act is amended— (1) by striking out "and" at the end of paragraph (1); (2) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (3) by adding after paragraph (2) a new paragraph as follows: "(3) require, to the greatest extent feasible, the employment of new and improved technology, techniques, materials, and methods in housing construction, rehabilitation, and maintenance under programs administered by the Department of Housing and Urban Development with a view to reducing the cost of such construction, rehabilitation, and maintenance, and stimulating the increased and sustained production of housing under such programs."

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PUBLIC LAW 90-448-AUG. 1, 1968

[82 STAT.

1-^ 64 Stat. 77. 12 USC 1749. 69 Stat. 644.

73 Stat. 681.

69 Stat. 645.

64 Stat. 80; 75 Stat. 173. 12 USC 1749b.

COLLEGE HOUSING

r

SEC. 1705. (a) The heading of section 401 of the Housing Act of 1950 i.s amended by striking out "LOANS" and inserting in lieu thereof "ASSISTANCE IN THE FORM OF LOANS OR ANNUAL GRANTS''.

(b) Section 401(a) of such Act is amended to read as follows: " (a) To assist educational institutions in providing housing and other educational facilities for students and faculties, the Secretary may make loans of funds to such institutions for the construction or purchase of such facilities or may, as an alternative to all or part of the loan (in the case of any such institution), make annual grants to the institution to reduce the cost of its borrowing from other sources for such construction or purchase: Provided, That no such assistance shall be provided unless (1) the educational institution involved is unable to secure the necessary funds for the construction or purchase from other sources upon terms and conditions equally as favorable as the terms and conditions applicable to loans under this title, and (2) the Secretary finds that any such construction will be undertaken in an economical manner, and that any such facilities are not or will not be of elaborate or extravagant design or materials." (c) Section 401(c) of such Act i,s amended— (1) by inserting " (1) " after " (c) "; (2) by striking out "of (1) " and "or (2) " and inserting in lieu thereof "of (A) " and "or (B) ", respectively; and (3) by adding at the end thereof the following new paragraph: "(2) Annual grants to an educational institution with respect to any housing or other educational facilities shall be made over a fixed period not exceeding 40 years, and provision for such grants shall be embodied in a contract guaranteeing their payment over such period. Each such grant shall be in an amount equal to the difference between (A) the average annual debt service which would be required to be paid, during the life of the loan, on the amount borrowed from other sources for the construction or purchase of such facilities, and (B) the average annual debt service which the institution would have been required to pay, during the life of the loan, with respect to such amount if the applicable interest rate were the rate specified in paragraph (1): Provided, That the amount on which such grant is based shall be approved by the Secretary but in no event shall exceed the total development cost of the facilities." (d) Section 401(d) of such Act is amended by inserting " (1) " after " (d) ", and by adding at the end thereof the following new paragraph: "(2) There are hereby authorized to be appropriated to the Secretary such sums as may be necessary, together with loan principal and interest payments made by educational institutions assisted with leans made hereunder, for payments on notes or other obligations issued by the Secretary under this section." (e) Section 401(f) of such Act is amended to read as follows: " (f)(1) There are hereby authorized to be appropriated to the Secretary such sums as may be necessary for the payment of annual grants to educational institutions in accordance with this section. "(2) Contracts for annual grants under this section shall not be entered into in an aggregate amount greater than is authorized in appropriation Acts; and in any event the total amount of annual grants which may be paid to educational institutions in any year pursuant to contracts entered into under this section shall not e x c e ^ $10,000,000, which amount shall be increased by $10,000,000 on July 1, 1969." (f) Section 403 of such Act is amended by striking out "the funds provided for in this title in the form of loans" and inserting in lieu thereof "the amount of the funds provided for in this title in the form

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of loans, and not more than 12i^ per centum of the funds provided for in this title for grants,". (g)(1) Section 401(g) of such Act is amended to read as follows: " (g) Except as otherwise provided in the second paragraph of section 404(b), in the case of any loan which is made under this section to a nonprofit student housing cooperative corporation referred to in clause (5) of section 404(b), or which is obtained from other sources by such a corporation and is the subject of a contract for annual grants entered into under this section, the Secretary shall require that the note securing such loan be cosigned by the educational institution (referred to in clause (1) of such section) at which such corporation is located, and that, in the event of the dissolution of such corporation, title to the housing constructed with such loan will vest in such educational institution." (2) Section 404(a) of such Act is amended by inserting "or existing" immediately after "new". (3) Clause (3)(B) of section 404(b) of such Act is amended by striking out "of any loan secured under this title" and inserting in lieu thereof the following: "of any loan which is made under section 401, or is the subject of a contract for annual grants entered into under section 401,". (4) Clause (4) of section 404(b) of such Act is amended by striking out "to obtain loans" and inserting in lieu thereof "to obtain loans or grants". (5) The second paragraph of section 404(b) of such Act is amended by inserting after "clause (5) of this subsection," the following: "and in the case of any loan which is obtained from other sources by such a corporation and is the subject of a contract for annual grants entered into under section 401,". (6) Section 404(c) of such Act is amended by inserting before the period at the end thereof the following: "; except that in the case of the purchase of facilities such term means the cost as approved by the Secretary". (7) Section 404(h) of such Act is amended by inserting "or existing" immediately after "new". (h) The last sentence of paragraph "Seventh" of section 5136 of the Revised Statutes (12 U.S.C. 24) (appearing immediately before the sentence added by section 911 of this Act) is amended by inserting after "the Asian Development Bank" the following: ", or obligations issued by any State or political subdivision or any agency of a State or political subdivision for housing, university, or dormitory purposes,"

605

73 Stat.esa. ^^ ^^^ ^^"*^ ^g^^*°* ^^'^' 12 USC 1749c. 73 Stat. esa.

^i Stat. 304.

irOUSING FOR THE ELDERLY

SEC. 1706. Section 202(a) of the Housing Act of 1959 is amended— (1) by inserting in paragraph (1) after "corporations," the following: "limited profit sponsors,"; (2) by inserting in paragraph (2) after "(as defined in subsection (d)(2)), " the following: "to any limited profit sponsor approved by the Secretary,"; and (3) by inserting in paragraph (3) after "Secretary" the following: ", except that in the case of other than a corporation, consumer cooperative, or public body or agency the amount of the loan shall not exceed 90 per centum of the development cost".

^ l'^'^ f^^J^ '^' ^s Stat. 162.

FEDERAL-STATE TRAINING PROGRAMS

SEC. 1707. (a) Title VIII of the Housing Act of 1964 is amended— (1) by inserting after "urban centers," in section 801(b) the following: "and with business firms and associations, labor unions, and other interested associations and organizations"; and

^s Stat. 802. ^° ^^^ sorsii.

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 606 78 Stat. 802. 20 USC 801, 502.

20 USC 805.

PUBLIC LAW 90-448-AUG. 1, 1968

[82 STAT.

(2) by striking out "technical and professional people" in sections 801(b)(1) and 802(a)(1) and inserting in lieu thereof "technical, professional, and other persons with the capacity to master and employ such skills''; and (3) by inserting after "which has responsibility for community development" in sections 801(b)(1) and 802(a)(1) the following: ", or by a private nonprofit organization which is conducting or has responsibility for housing and community development programs". (b) Section 805 of such Act is amended by inserting "Guam, American Samoa, the Trust Territory of the Pacific Islands," after "the Commonwealth of Puerto Rico,". ADDITIONAL ASSISTANT SECRETARY OF H O U S I N G AND URBAN DEVELOPMENT

Ante, p. 89; 79 Stat. 6 6 8. 42 USC 3533. 81 Stat. 198.

SEC. 1708. (a) The first sentence of section 4(a) of the Department of Housing and Urban Development Act is amended by striking out "five" and inserting in lieu thereof "six". (b) Paragraph (87) of section 5315 of title 5, United States Code, is amended by striking out " (1) " and inserting in lieu thereof " (6) ". INTERNATIONAL

71 Stat. 3 0 5; !1 Stat. 24. 12 USC 1701d-4.

HOUSING

SEC. 1709. Section 604 of the Housing Act of 1957 is amended to read as follows: SEC. 604. (a) The Secretary of Housing and Urban Development may exchange data relating to housing and urban planning and development with other nations and assemble such data from other nations, through participation in international conferences and other means, where such exchange or assembly is deemed by him to be beneficial in carrying out his responsibilities under the Department of Housing and Urban Development Act or other legislation. In carrying out his responsibilities under this subsection the Secretary m^y— "(1) pay the expenses of participation in activities conducted under authority of this section including, but not limited to, the compensation, travel expenses, and per diem in lieu of subsistence of persons serving in an advisory capacity while away from their homes or regular places of business in connection with attendance at international meetings and conferences, or other travel for the purpose of exchange or assembly of data relating to housing and urban planning and development; but such travel expenses shall not exceed those authorized for regular officers and employees traveling in connection with said activities; and " (2) accept from international organizations, foreign countries, and private nonprofit foundations, funds, services, facilities, materials, and other donations to be utilized jointly in carrying out activities under this section. " (b) International programs and activities carried out by the Secretary under the authority provided in subsection (a) shall be subject to the approval of the Secretary of State for the purpose of assuring that such authority shall be exercised in a manner consistent with the foreign policy of the United States." E L I G I B I L I T Y FOR R E N T S U P P L E M E N T

Rehabilitation projects. New York. 75 Stat. 150. 12 USC 1715^

PAYMENTS

SEC. 1710. Notwithstanding any other provision of law respecting the date after which a mortgage must have been approved for mortgage insurance under section 221(d)(3) of the National Housing Act, the Secretary of Housing and Urban Development is authorized to make, and contract to make, rent supplement payments under the pro-

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607

visions of section 101 of the Housing and Urban Development Act of 1965 to the owners of the housing projects known as the 114th Street rehabilitation project and the 114th Street rehabilitation project numbered 2, in New York City, New York (project numbers 012-33501 and 012-33512). CONSOLIDATION

OF L O W - R E N T P U B L I C H O U S I N G DISTRICT OF COLUMBIA

PROJECTS

IN

J^ ^^^^ ^^^^^

THE

SEC. 1711. All projects now operated and maintained by the National Capital Housing Authority pursuant to title I of the District of Columbia Alley Dw^elling Act are deemed to be low-rent housing ^^^^*^*- ^^'iprojects and may be consolidated, pursuant to section 15(6) of the to D.C. Code 5-103 5-111. United States Housing Act of 1937, into any contract for annual con- 63 Stat. 42 tributions covering projects maintained and operated pursuant to title ^\f'use ^1415 II of the District of Columbia Alley Dwelling Act. 52 Stat. 11 as. URBAN

RENEWAL

PROJECT

IN

GARDEN

CITY,

MICHIGAN

SEC. 1712. Notwithstanding the date of commencement of construction of the Florence Primary School in Garden City, Michigan, local expenditures made in connection with such school shall, to the extent otherwise eligible, be counted as a local grant-in-aid toward the Cherry Hill urban renewal project (Mich. R-46) for purposes of title I of the Housing Act of 1949. °

D.C. Code.5-112 to 5-116.

42 USC 14501468.

U R B A N R E N E W A L P R O J E C T I N SACRAMENTO,

CALIFORNIA

SEC, 1713. Notwithstanding the date of commencement of construction of the storm drainage system in the Capitol Mall Riverfront urban renewal project (Calif. R-67) in Sacramento, California, local expenditures made in connection with such storm drainage system located in that project shall, to the extent otherwise eligible, be counted as a local grant-in-aid toward that project for purposes of title I of the Housing Act of 1949. S E L r - H E I > P STUDIES

SEC. 1714. (a) Section 207 of the Housing Act of 1961 is amended 75 Stat. 165; by inserting after the words "improved means" the following: ^^42'^usc°i436. ", including the study of self-help in the construction, rehabilitation, and maintenance of housing for low-income persons and families and the methods of selecting, involving, and directing such persons and families in self-help activities,". (b) The Secretary of Housing and Urban Development shall make Report to cona report to the Congress, within one year after the date of enactment ^''^^^• of this Act, setting forth the results of the self-help studies and demonstrations carried out under section 207 of the Housing Act of 1961, together with such recommendations as he deems appropriate. EARTHQUAKE

STUDY

SEC. 1715. Section 5 of the Southeast Hurricane Disaster Relief Act of 1965 is amended by striking out "three years after the appropriation of funds for this study" and inserting in lieu thereof "June 30, 1969".

79 Stat. 1301.

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[82 STAT.

SAVINGS A N D LOAN ASSOCIATIONS

u us^c /^64 ^'*^'*•

^^^- -^'^^^- (^) Section 5(b) of the Home Owners' Loan Act of 1933 is amended to read as follows: " (b)(1) An association may raise capital in the form of such savings deposits, shares, or other accounts, for fixed, minimum, or indefinite periods of time (all of which are referred to in this section as savings accounts and all of which shall have the same priority upon liquidation) as are authorized by its charter or by regulations of the Board, and may issue such passoooks, time certificates of deposit, or other evidence of savings accounts as are so authorized. Holders of savings accounts and obligors of an association shall, to such extent as may be provided by its charter or by regulations of the Board, be members of the association, and shall have such voting rights and such other rights as are thereby provided. Except as may be otherwise authorized by the association's charter or regulation of the Board in the case of savings accounts for fixed or minimum terms of not less than thirty days, the payment of any savings account shall be subject to the right of the association to require such advance notice, not less than rhirty days, as shall be provided for by the charter of the association or the regulations of the Board. The payment of withdrawals from savings accounts in the event an association does not pay all withdrawals in full (subject to the right of the association to require notice) shall be subject to such rules and procedures as may be prescribed by the association's charter or by regulation of the Board, but any association which, except as authorized in writing by the Board, fails to make full payment of any withdrawal when due shall be deemed to be in an unsafe or unsound condition to transact business within the meaning of subsection (d) of this section. Savings accounts shall not be subject to check or to withdrawal or transfer on negotiable or transferable order or authorization to the association, but the Board may by regulation provide for withdrawal or transfer of savings accounts upon nontransferable order or authorization. "(2) To such extent as the Board may authorize by regulation or advice in writing, an association may borrow, may g'ive security, and may issue such notes, bonds, debentures, or other obligations, or other securities (except capital stock) as the Board may so authorize." (b) Section 5(c) of the Home Owners' Loan Act of 1933 is amended— (1) by striking out "shares" in the first sentence and inserting in lieu thereof "savings accounts"; and (2) by inserting after the first.semicolon in the second proviso the following words: "or in time deposits, certificates, or accounts of any bank the deposits of which are insured by the Federal Deposit Insurance Corporation;". (c) Section 5(c) of such Act is amended by inserting in the.second paragraph after "property alteration, repair, or improvement" the following: ", including the construction of new structures related to residential use of the property". (d) Section 5(c) of such Act is amended by adding immediately after the second paragraph thereof the following new" paragraph: "Without regard to any other provision of this subsection, but.subject to such prohibitions, limitations, and conditions as the Board may by regulation prescribe, any such association may make and invest in— " (A) any loan not exceeding $5,000 made for the repair, equipping, alteration, or improvement of any real property, or " (B) any loan made for the purpose of mobile home financing." (e) The first sentence of the paragraph which, prior to the amendments made by this Act, was the next to the last paragraph of section 5(c) of such Act is amended—

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(1) by inserting " (1) immediately before "invest"; (2) by striking out " (1) " before "secured"; (3) by inserting ", now or hereafter in effect, after "National Housing Act"; and (4) by striking out all that follows " (2) " and inserting in lieu thereof the following: "acquire and hold investments in housing project loans, or interests therein, having the benefit of any guaranty under section 221 of the Foreign Assistance Act of 1961, as now or hereafter in effect, or loans, or interests therein, having the benefit of any guaranty under section 224 of such Act, or any commitment or agreement with respect to such loans, or interests therein, made pursuant to either of such sections." (f) Section 5(c) of such Act i.s amended by adding immediately before the last paragraph thereof the following new paragraph: "Any such association may invest in loans, or interests ui loans, to financial institutions with respect to which the United States or any agency or instrumentality thereof ha.s any function of examination or supervision, or to any broker or dealer registered with the Securities and Exchange Commission, secured by loans, obligations, or investments in which it has any statutory authority to invest directly." FEDERAL H O M E L 0. \ N B A N K

609

^^?1^'- 46 5. 75 Stat. 429. ^^ ^^^ ^^^'^' ^9 Stat. ess. "*' 12 USC i464.

ACT

SEC. 1717. Section 12 of the Federal Home Loan Bank Act, as amended (12 U.S.C. 1432), is amended by inserting " (a) " after "SEC. Jl,^^,^';J^^^' 80 Stat. 1293. 12.", and by adding at the end thereof a new subsection as follows: " (b) Subject to such regulations as may be prescribed by the Board, one or more Federal home loans banks may acquire, hold, or dispose of, in whole or in part, or facilitate such acquisition, holding, or disposition by members of any such bank of, housing project loans, or interests therein, having the benefit of any guaranty under section 221 of the Foreign Assistance Act of 1961, as now or hereafter in effect, or loans, or interests therein, having the benefit of any guaranty under section 224 of such Act, or any commitment or agreement with respect to such loans, or interests therein, made pursuant to either of such sections." FEDERAL RESERVE ACT

SEC. 1718. Section 24 of the Federal Reserve Act, as amended (12 U.S.C. 371), is amended— (1) by striking out "twenty-four months", wherever it appears in the third paragraph and inserting in lieu thereof "thirty-six months"; (2) by striking out "when the entire amount of such obligation is sold to the association", wherever it appears in the first and second paragraphs, and inserting in lieu thereof "in whole or in part and at any time or times prior to the maturity of such obligation"; and (3) by striking out the last paragraph and inserting in lieu thereof the following: "Loans made to any borrower (i) where the association looks for repayment by relying primarily on the borrower's general credit standing and forecast of income, with or without other security, or (ii) where the association relies on other security as collateral for the loans (including but not limited to a guaranty of a third party), and where, in either case described in clause (i) or (ii) above, the association wishes to take a mortgage, deed of trust, or other instrument upon real estate (whether or not constituting a first lien) as a precaution

73 Stat. 489; 79 Stat. S09.

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[82 STAT.

against contingencies, such loans shall not be considered as real estate loans within the meaning of this section but shall be classed as ordinary non-real-estate loans." LOW-RENT PUBLIC HOUSING

42 u^c U03 fo^^at'. 897. 42 USC 1417.

73^813^68^1^' 12 USC 1749a. 31 u^c 8^6^'

CORPORATE STATUS

SEC. 1719. (a) The first sentence of section 3 of the United States Housing Act of 1937 is amended by striking "a body corporate of perpetual duration to be known as". (^) Section 17 of such Aot is repealed. The capital stock referred to in such section shall be retired, and sum of $1,000,000 represented b}^ such stock shall be returned to the Treasury of the United States, (c) Such Act is amended by adding a new section 17 as follows: "SEC. 17. I n the performance of, and with respect to, functions, powers, and duties under this Act, the Secretary shall have (in addition to any authority otherwise vested in him) the functions, powers, and duties set forth in subsections (a), (b), and (e) of section 402 of the Housing Act of 1950." (d) Section 101 of the Government Corporation Control Act is amended by striking out "United States Housing Authority and including public housing projects financed through appropriated funds and operations thereof;". S P E C I A L STUDIES OF SAVINGS A N D LOAN I N D U S T R Y

80 Stat. 143.

SEC. 1720. That part of chapter IV of the Second Supplemental Appropriation Act, 1966, wiich relates to expenses necessary for special studies of the savings and loan industry is amended by striking out "1968" and inserting "1969". SMALL B U S I N E S S

15 us^c 6^3^3*'

^^^' ^'^'^^' Subsection (a) of section 4 of the Small Business Act is amended by inserting immediately after "the Commonwealth of Puerto Rico," the following: "the Trust Territory of the Pacific Islands,". TECHNICAL

79ltar477°"' 42 USC 1460. 68 Stat. 626.

12 USC i7"aaa 79 Stat. 469. 12 USC 1715e

ACT

AMENDMENTS

^^^' ^'^^^' ^^^ Section 110(c) of the Housing Act of 1949 is amended by striking out "paragraphs (7), (8), and (9) " in the second unnumbered paragraph following the numbered paragraphs and inserting in lieu thereof "paragraphs (7), (8), (9), and (10)". (b) Section 110(d) of the Housing Act of 1949 is amended by striking out "clauses (2), (3) " and inserting in lieu thereof "clauses (2), (3), (7)". (c) Section 110(e) of the Housing Act of 1949 is amended by striking out "and (9) " in clause (i) and inserting in lieu thereof " (9), and (10)". (^) Section 1101(c)(3) of the National Housing Act is amended by inserting "from the beginning of amortization of the mortgage" immediately after "twenty-five years". (e) Section 213(o) of the National Housing Act is amended by adding at the end thereof four new sentences as follows: "Moneys in the Cooperative Management Housing Insurance Fund not needed for current operations of the fund shall be deposited with the Treasurer of the United States to the credit of the Cooperative Management Housing Insurance Fund or invested in bonds or other obligations of, or in bonds or other obligations guaranteed as to principal and interest by, the United States. The Secretary may, with the

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PUBLIC LAW 90-449-AUG. 2, 1968

approval of the Secretary of the Treasury, purchase in the open market debentures which are the obligations of the Cooperative Management Housing Insurance Fund. Such purchases shall be made at a price which will provide an investment yield of not less than the yield obtainable from other investments authorized by this subsection. Debentures so purchased shall be canceled and not reissued.'' (f) Section 810(e) of the National Housing Act is amended— \ /

,v,/

,

cj

(1) by striking out "private corporation, association, cooj^erative society, or trust" in the first sentence and inserting in lieu thereof "mortgagor approved by the Secretary", and (2) by striking out "corporation, association, cooperative society, or trust" in the third and fourth sentences and inserting in lieu thereof "mortgagor". (g) Section 220(d)(2)(B) of the National Housing Act is amended by striking out "corporations restricted by ' and inserting in lieu thereof "corporations or other legal entities restricted by or under". Approved August 1, 1968, 11:52 a.m.

611

^3 Stat. 684. 22 USC 1 74fth 0

12 Stat. 596. es u s e 171Sk.

Public Law 90-449 AN ACT To amend title 89, United States Code, to provide for disciplinary action against employees in the postal field service who assault other employees in such service in the performance of official duties, and for other purposes.

August 2, 1968 [ • • 15387]

Be it enacted by the Senate and House of Representatives of the Postal Service United States of America in Congress assembled, That (a) the portion employees. of chapter 41 of title 39, United States Code, under the heading ""yVstat^.^eos; "EMPLOYEES GENERX\LLY" is amended by adding immediately following ^9 Stat. m e. section 3107 thereof the following new section: employees "The Postmaster General may take appropriate disciplinary action, including, when circumstances warrant, suspension from duty without pay, reduction in pay, demotion, or removal from the service, against any employee who forcibly assaults any other employee while such other employee is engaged in the performance of his ojfficial duties or on account of the performance by such other employee of his official duties.". (b) That part of the table of contents of chapter 41 of title 39, United States Code, under the heading "EMPLOYEES GENERALLY" is amended by adding— "3108. Disciplinary action against employees who assault other employees." i m m e d i a t e l y below— "3107. Postal employees relocation expenses.".
 * § 3108. Disciplinary action against employees who assault other

SEC. 2. Section 1114 of title 18, United States Code, is amended ^^ Stat. 721. by striking out "any post-office inspector," and inserting in lieu thereof "any postal inspector, any postmaster, officer, or employee in the field service of the Post Office Department,". SEC. 3. Effective on the date of enactment of this Act ^ sea^ch^nd^E^n^'i(1) the provisions of section 201 of the Revenue and Expendi- neering^umita^ ture Control Act of 1968 shall cease to apply with respect to 'i°"^' exemption. officers and employees of the Bureau of Research and Engineering " ^' Pof the Post Office Department, and officers and employees in the postal field service except those in regional offices; and

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PUBLIC LAW 90-450-AUG. 2, 1968

[82 STAT.

(2) in applying the provisions of such section to the departments and agencies in the executive branch, the officers and employees of the Bureau of Research and Engineering of the Post Office Department and the officers and employees in the postal field service, except those in regional offices, shall not be taken into account. Approved August 2, 1968.

Public Law 90-450 August 2, 1968 [H.R. 16361]

AN ACT ipo provide additional revenue for the District of Columbia, and for other purposes.

D.c. Revenue Act of 1968.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may ^^ ^-^g^ ^g YiQ "District of Columbia Revenue Act of 1968".

TITLE I—FEDERAL PAYMENT AUTHORIZATION 81 Stat. 339.

SEC. 101. Section 1 of article VI of the District of Columbia Revenue Act of 1947 (D.C. Code, sec. 47-2501a) is amended (1) by striking out "June 30, 1968" and inserting in lieu thereof "June 30, 1969", and (2) by striking out "$70,000,000" and inserting lieu thereof "$90,000,000". TITLE II — AMENDMENTS TO THE DISTRICT OF COLUMB I A I N C O M E AND F R A N C H I S E T A X ACT O F 1947

80 Stat. 858.

SEC. 201. Section 3 of title VI of the District of Columbia Income and Franchise Tax Act of 1947 (D.C. Code, sec. 47-1567b(a)) is amended to read as follows: " SEC. 3. IMPOSITION AND RATES or TAX.—In the case of a taxable year beginning after December 31, 1967, there is hereby imposed on the taxable income of every resident a tax determined in accordance with the following table: "If the taxable income Not over $1,000 Over $1,000 but not Over $3,000 but not Over $5,000 but not Over $10,000

61 Stat. 345.

70 Stat. 7 1.

70 Stat. 79.

is: over $3,000 over $.5,000 over $10,000

The tax i s: 2% of the taxable income. $20 plus 3% of excess over $1,000. $80 plus 4% of excess over $3,000. $160 plus 5% of excess over $5,000. $410 plus 6% of excess over $10,000."

SEC. 202. (a) Section 2 of title VII of such Act (D.C. Code, sec. 47-157la) is amended by striking out "5 per centum" and inserting in lieu thereof "6 per centum". (b) Section 3 of title VIII of such Act (D.C. Code, sec. 47-1574b) is amended by striking out "5 per centum" and inserting in lieu thereof "6 per centum". SEC. 203. (a) Section 7(a)(4) of title X II of such Act (D.C. Code, sec. 47-1586f (a)(4)) is amended to read as follows: " (4) EMPLOYERS.—Every employer required to deduct and withhold tax under this article shall make a return of, and pay to the District, the tax required to be withheld under this article for such periods and at such times as the District of Columbia Council may prescribe." (b) Section 1(b) of title X III of such Act (D.C. Code, sec. 47-1589 (b)) is amended to read as follows: "(b) FAILURE TO F I L E EMPLOYER'S RETURN.—In the case of any employer— " (1) who pursuant to this article is required to withhold taxes on wages, make a return of such taxes, and pay to the District the

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613

taxes required to be withheld pursuant to this article, and "(2) who fails to withhold such taxes, make such return, or pay to the District the taxes required to be withheld pursuant to this article, there shall be imposed on such employer a civil penalty (in addition to '"' ^^"^ ^ any criminal penalty provided for in this article) of 5 per centum of the amount required to be shown as tax on such return if the failure is for not more than one month, with an additional 5 per centum for each additional month or fraction thereof during which such failure continues, not exceeding 25 per centum in the aggregate." SEC. 204. (a) The amendment of any provision of the District of Columbia Income and Franchise Tax Act of 1947 shall not affect any "c^^c'odeVact done or any right accruing or accrued, or any suit or proceeding had 1551 note° ^ or commenced in any civil cause before such amendment; but all rights and liabilities under such Act shall continue, and may be enforced in the same manner and to the same extent, as if such amendment had not been made. (b) All offenses committed, and all penalties incurred, under any provision of law hereby amended, may be prosecuted and punished in the same manner and with the same effect as if this title had not been enacted. SEC. 205. The amendments made by sections 201 and 202 of this title Effective dates. shall be applicable to taxable years beginning after December 31, 1967. The amendments made by section 203 of this title shall take effect on the date of enactment of this Act. TITLE III — AMENDMENTS TO THE DISTRICT OF COLUMB I A S A L E S T A X ACT A N D THE DISTRICT OF COLUMBIA USE TAX ACT SEC. 301. Section 107 of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2601, par. 7) is amended by striking out ": Provided, however, That the word 'food' shall not include spiritous or malt liquors and beer" and inserting after the period at the end of such section the following new sentence: "The word 'food' shall not include spiritous or malt liquors, beer, or wines." SEC. 302. Subsection (a) of section 114 of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2601, par 14(a)) is amended by adding at the end thereof the following new paragraph: "(7)(A) The sale of or charges to subscribers for local telephone service. The inclusion of such sales and charges in the definition of the terms 'retail sale' and 'sale at retail' shall not authorize any tax to be imposed under this title on so much of any amount paid for the installation of any instrument, wire, pole, switchboard, apparatus, or equipment as is properly attributable to such installation. " (B) The term 'local telephone service'means— "(i) the access to a kxial telephone system, and the privilege of telephonic quality communication with substantially^ all persons having telephone or radio telephone stations constituting a part of such local telephone system, and "(ii) any facility or service provided in connection with a service described in clause (i) of this subparagraph. The term 'local telephone service' does not include any service which is a 'toll telephone service' or a 'private communication service' as defined in subparagraphs (C) and (D). " (C) The term 'toll telephone service' means— " (i) a telephonic quality communication for which (a) there is a toll charge which varies m amount with the distance and elapsed

f.^pZ^^.f68 sm. 117.

..^g^e a^/reTau*'' 63 stat'^n^a.

"Local teie^^°^^ service."

«^VJ^°",*,^^^P**°"^ service.'

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 614

" P r i v a t e communication serv-

Exemptions. 63 Stat. 114.

Exemptions.

PUBLIC LAW 90-450-AUG. 2, 1968

[82 STAT.

transmission time of each individual communication and (b) the charge is paid within the United States, and " (ii) a service which entitles the subscriber, upon payment of a periodic charge (determined as a flat amount or upon the basis of total elapsed transmission time), to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located. " (D) The term 'private communication service' means— " (i) the communication service furnished to a subscriber which entitles the subscriber— " (a) to exclusive or priority use of any communication channel or groups of channels, or "(b) to the use of an intercommunication system for the subscriber's stations, regardless of whether such channel, groups of channels, or interT communication system may be connected through switching with a service described in subparagraph (B) or (C), "(ii) switching capacity, extension lines and stations, or other associated services which are provided in connection with, and are necessary or unique to the use of, channels, or systems described in clause (i) of this subparagraph, and "(iii) the channel mileage which connects a telephone station located outside a local telephone system area with a central oiRce in such local telephone system, except that such term does not include any communication service unless a separate charge is made for such service." SEC. 303. Section 114(b)(2) of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2601, par. 14(b)(2)) is amended to read as follows: "(2)(A) Sales of transportation and communication services other than sales of local telephone service. " (B) Sales of local telephone service rendered by means of a coinoperated telephone available to the public; except that where such coinoperated telephone service is furnished for a guaranteed amount, the amounts paid under such guarantee plus any fixed monthly or other periodic charge shall be subject to the tax imposed on local telephone service by this title." SEC. 304. Section 125 of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2602) is amended to read as follows: "SEC. 125. A tax is imposed upon all vendors for the privilege of selling at retail certain tangible personal property and for the privilege of selling certain selecteH services (defined as 'sales at retail' in this title). The rate of such tax shall be 4 per centum of the vendor's gross receipts from the sale of such tangible personal property and services, except that the rate of tax with respect to sales or charges for any room or rooms, lodgings, or accommodations, furnished to transients by any hotel, inn, tourist camp, tourist cabin, or any other place in which rooms, lodgings, or accommodations are regularly furnished to transients, shall be 5 per centum of the gross receipts from such sales or charges, and the rate of tax with respect to sales of food for human consumption off the premises where such food is sold shall be 1 per centum of the gross receipts from such sales." SEC. 305. (a) Section 128 of the District of Columbia Sales Tax Act (D.C. Code, sec. 47-2605) is amended— (1) by adding after paragraph (c) the following new paragraph: " (d) Sales of materials and services to the printing clerks of the

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majority and minority rooms of the House of Representatives for use in the operation of such rooms, and sales of materials and services made by such clerks in connection with the operation of such rooHOS."; (2) by amending paragraph (i) to read as follows: "(i) Sales of food, beverages, and other goods made to any person for use in the operation of the majority and minority cloakrooms of the House of Representatives and sales of such food, beverages, and other goods made by such person in connection with the operation of such cloakrooms."; and (3) by redesignating paragraph (r) as paragraph (q). ^i s*^' 276; (b) Paragraph (d) of such section 128, added by paragraph (1) D.c^.^codt 47of subsection (a) of this section, shall apply with respect to sales of 2605. materials and services made on or after January 1, 1961. Effective date. SEC. 306. Section 201(b)(2) of the District of Columbia Use Tax J^R^^^J ^^^^ „ Act (D.C. Code, sec. 47-2701, par. 1 (b)(2)) is amended to read as exemption.^^ ^' follows:

63 Stat. 125.

"(2) Sales of transportation and communication services other than sales of local telephone service." SEC. 307. The last sentence of section 212 of the District of Columbia Use Tax Act (D.C. Code, sec. 47-2702) is amended to read as follows: "The rate of the tax imposed by this section shall be 4 per centum of the sales price of the tangible personal property or services rendered or sold, except that the rate of tax with respect to sales of food for human consumption off the premises where such food is sold shall be 1 per centum of the sales price of such sales." SEC. 308. Except as provided in section 305(b), the amendments made by this title shall take effect on the first day of the first month which begins on or after the thirtieth day after the date of enactment of this Act. The imposition of sales tax on local telephone service shall be applicable to the sales price or charge made by a vendor for local telephone service as stated on the bills rendered to the purchaser by the vendor on and after such effective date. TITLE IV—GENERAL PROVISIONS SEC. 401. No funds appropriated for the government of the District of Columbia may be used— (1) to provide transportation for students enrolled in the public schools of the District of Columbia if the transportation is provided solely to change the racial balance in any public school in the District of Columbia, or (2) for the cost of education (including the cost of transportation) of any individual in an elementary or secondary school located outside the District of Columbia, except (A) any handicapped individual for whom education facilities do not exist in the public school system of the District of Columbia and (B) any individual under the care, custody, or guardianship of the District of Columbia placed in a foster home or in an institution located outside the District of Columbia. SEC. 402. No funds appropriated for the government of the District of Columbia may be used to furnish materials or services to promote or further any demonstration in the District of Columbia undertaken for the purpose of influencing legislation or other governmental actions of the United States Government or the government of the District of Columbia, except that nothing in this section shall preclude the government of the District Columbia from taking such emergency action as the Commissioner of the District of Columbia determines necessary for the preservation of the health, safety, or welfare of any person within the District of Columbia.

9fi-finn n - fio - i9

K^^^-

Effective date.

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 616 D.C. Council. Licensing authority. 48 Stat. 322.

L i c e n s e applicants, citizenship. 48 Stat. 328.

PUBLIC LAW 90-451-AUG. 3, 1968

[82 STAT.

SEC. 403. The first sentence of the second paragraph of section 7 of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-107) is amended to read as follows: "The District of Columbia Council shall have authority to make rules and regulations for the issuance, transfer, and revocation of licenses; to facilitate and insure the collection of taxes; to govern the operation of the business of licensees, with full power and authority to prescribe the terms and conditions under which alcoholic beverages may be sold by each class of licensees; to forbid the issuance of licenses for manufacture, sale, or storage of alcoholic beverages in such localities in, and such sections and portions of, the District of Columbia as the Comicil may deem proper in the public interest; to limit the number of licenses of each class to be issued in the District of Columbia and to limit the number of licenses of each class in any locality in, or sections or portions of, the District of Columbia as the Council may deem proper in the public interest; to forbid the issuance of licenses for businesses conducted on such premises as the Council, in the public interest, may deem inappropriate; to forbid the issuance of any class or classes of licenses for businesses established subsequent to the date of enactment of this Act near or around schools, colleges, universities, churches, or public institutions; to prescribe the hours during which alcoholic beverages may be sold; and to prohibit the sale of any or all alcoholic beverages on such days as the Council determines necessary in the public interest." SEC. 404. Section 14(a) of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-115(a)) is amended— (1) by striking out in paragraph 2 "a citizen of the United otates,; (2) by adding immediately after paragraph 2 the following new paragraph: "3. That (A) each individual, each member of a partnership, and each principal officer of a corporation (other than a club) is a citizen of the United States, and (B) a majority of the principal officers of a club are citizens of the United States."; and (3) by redesignating paragraphs 3, 4, and 5 and all references thereto, as paragraphs 4, 5, and 6, respectively. Approved August 2, 1968.

Public Law 90-451 August 3, 1968 [s. 2445]

Federal Power Commission. Licensing authority. 49 Stat. 842.

AN ACT rY^y amend part I of the Federal Power Act to clarify the manner in which the licensing authority of the Commission and the right of the United States to take over a project or projects upon or after the expiration of any license shall be exercised. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Federal Power Act, as amended (16 U.S.C. 800), is amended by adding thereto the following new subsection: "(c) Whenever, after notice and opportunity for hearing, the Commission determines that the United States should exercise its right upon or after the expiration of any license to take over any project or projects for public purposes, the Commission shall not issue a new license to the original licensee or to a new licensee but shall submit its recommendation to Congress together with such information as it may consider appropriate."

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PUBLIC LAW 90^51-AUG. 3, 1968

SEC. 2. Section 14 of the Federal Power Act, as amended (16 U.S.C. 807), is amended by inserting " (a) ' ' immediately preceding the first sentence thereof and by adding thereto the following new subsection: " (b) No earlier than five years before the expiration of any license, the Commission shall entertain applications for a new license and decide them in a relicensing proceeding pursuant to the provisions of section 15. In any relicensing proceeding before the Commission any Federal department or agency may timely recommend, pursuant to such rules as the Commission shall prescribe, that the United States exercise its right to take over any project or projects. Thereafter, the Commission, if its does not itself recommend such action pursuant to the provisions of section 7(c) of this part, shall upon motion of such department or agency stay the effective date of any order issuing a license, except an order issuing an annual license in accordance with the proviso of section 15(a), for two years after the date of issuance of such order, after which period the stay shall terminate, unless terminated earlier upon motion of the department or agency requesting the stay or by action of Congress. The Commission shall notify the Congress of any stay granted pursuant to this subsection." SEC. 3. Section 15 of of the Federal Power Act, as amended (16 U.S.C. 808), is amended by inserting " (a) '* immediately preceding the first sentence thereof and by adding thereto the following new subsection: " (b) I n issuing any licenses under this section except an annual license, the Commission, on its own motion or upon application of any licensee, person. State, municipality, or State commission, after notice to each State commission and licensee affected, and after opportunity for hearing, whenever it finds that in conformity with a comprehensive plan for improving or developing a waterway or waterways for beneficial public uses all or part of any licensed project should no longer be used or adapted for use for power purposes, may license all or part of the projeot works for nonpower use. A license for nonpower use shall be issued to a new licensee only on the condition that the new licensee shall, before taking possession of the facilities encompassed thereunder, pay such amount and assume such contracts as the United States is required to do, in the manner specified in section 14 hereof. Any license for nonpower use shall be a temporary license. Whenever, in the judgment of the Commission, a State, municipality, interstate agency, or another Federal agency is authorized and willing to assume regulatory supervision of the lands and facilities included under the nonpower license and does so, the Commission shall thereupon terminate the license. Consistent with the provisions of the Act of Auust 15, 1953 (67 Stat. 587), every licensee for nonpower use shall eep such accounts and file such annual and other periodic or special reports concerning the removal, alteration, nonpower use, or other disposition of any project works or parts thereof covered by the nonpower use license as the Commission m a j by rules and regulations or order prescribe as necessary or appropriate." SEC. 4. Section 10(d) of the Federal Power Act, as amended (16 U.S.C. 803), is amended by adding at the end thereof the following: " For any new license issued under section 15, the amortization reserves under this subsection shall be maintained on and after the effective date of such new license." Approved August 3, 1968.

f

617

Government
 * ^^°^^ "^ht.

Notice to ""^"^^ ^i Stat. 1072. Nonpower use

^ Recordkeeping le use 828^^sc.

refe'^ve"^^""" le use sos.

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PUBLIC LAW 90-452-AUG. 3, 1968

[82 STAT.

Public Law 90-452 August 3, 1968 [H. R. 14330]

District of Columbia Alcoholic Rehabilitation Act of 1967. 67 Stat. 104.

61 Stat. 744.

Definitions.

AN ACT To provide a coinprelieiisive program for the control of drunkenness and the prevention and t r e a t m e n t of alcoholism in the District of Columbia, and for other purposes.

Be it enacted by the Senate and House of Reprecent(itAce^ of the United Staten of America, in Congi'eHH aHembled^ That this Act may be cited as the "District of Cohimbia Alcoliolic Kehabilitation Act of 1967''. SEC. 2. (a) Section 28 of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-128) is amended— (1) by amendinji: the second sentence of subsection (a) to read as follows: '*No person in the District of Columbia, whether in or on public or private property, shall be intoxicated and endanger the safety of himself or of any other person or of property.""; (2) by striking out "this section" in subsection (b) and inserting in lieu thereof "subsection (a) of this section"; and (3) by adding after subsection (b) the following new subsection: "(c) Any person in the District of Columbia who is intoxicated in public and who is not conducting himself in such manner as to endanger the safety of himself or of any other person or of property, shall be dealt with in accordance with section 4 of the Act of August 4, 1947 (as amended by the District of Columbia Alcoholic Rehabilitation Act of 1967).*' (b) Section 400 of the Revised Statutes of the United States relating to the District of Columbia (D.C. Code, sec. 4-143) is amended by adding at the end thereof the following new sentence: "A meml)er of the police force who deals with an individual in accordance with section 4(b) of the Act of August 4, 1947 (as amended by the District of Columbia Alcoholic Rehabilitation Act of 1967) shall not be considered as having violated this section." SEC. 3. (a) The Act of August 4, 1947 (D.C. Code, secs. 24-501— 24-514, 2 5 - l l l a) is amended by striking out sections 1 through 13 and inserting in lieu thereof the following: "SECTION 1. The purpose of this Act is to establish a comprehensive program in the District of Columbia for the prevention of alcoholism and the rehabilitation of alcoholics, discourage abuse of alcoholic beverages, and provide for medical, psychiatric, and other scientific treatment of chronic alcoholics; to minimize the deleterious effects of excessive drinking; to reduce the financial burden imposed upon the people of the District of Columbia by the abusive use of alcoholic beverages, as is reflected in accidents, inefficiency of personnel, and absenteeism; and to establish methods of handling intoxication and alcoholism that will benefit the individual involved and more fully protect the public. In order to accomplish this purpose and alleviate intoxication and chronic alcoholism, all public officials in the District of Columbia shall take cognizance of the fact that public intoxication shall be handled as a public health problem rather than as a criminal offense, and that a chronic alcoholic is a sick person who needs, is entitled to, and shall be provided appropriate medical, psychiatric, institutional, advisory, and rehabilitativ'e treatment services of the highest caliber for his illness. "SEC. 2. For purposes of this Act— " (1) The term 'chronic alcoholic' means any person who chronically and habitually uses alcoholic beverages to the extent that (A) they injure his health or interfere with his social or economic functioning,

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PUBLIC LAW 90-452-AUG. 3, 1968

or (B) he has lost the power of self-control with respect to the use of such beverages. "(2) The term 'Court' means the District of Columbia Court of General Sessions. "(3) The term 'Commissioner' means the Commissioner of the District of Columbia. "SEC. 3. (a) The Commissioner shall establish and maintain an effective public health program in the District of Columbia to provide a continuum of appropnate services to intoxicated persons and chronic alcoholics. Such program shall coordinate all District of Columbia services for intoxicated persons and chronic alcoholics and shall include at least the following facilities which shall be available to both males and females: "(1) One or more detoxification centers, which shall be located within the District of Columbia, which shall have a total capacity of not more than 150 beds, and which shall provide appropriate medical services for intoxicated persons, including initial examination, diagnosis, and classification. "(2) An inpatient extended care facility which shall have a capacity of not more than 800 beds and which shall provide intensive study, treatment, and rehabilitation of chronic alcoholics. Such facility shall not admit intoxicated persons. "(3) Outpatient aftercare facilities which may include clinics, social centers, vocational rehabilitation services, and supportive residential facilities and which shall have a total capacity of not more than 600 beds. " (b) The Commissioner may— "(1) establish or designate an agency of the District of Columbia government, and "(2) designate any officer or employee of the District of Columbia government, to carry out any of his functions, powers, and duties under this Act. "SEC. 4. (a) Except as otherwise provided in subsection (b) of this section, any person who is intoxicated in public— "(1) may be taken or sent to his home or to a public or private health facility, or "(2) if not taken or sent to his home or such facility under paragraph (1), shall be taken to a detoxification center, by the commissioner. Reasonable measures may be taken to ascertain that public transportation used for such purposes shall be paid for by such person in advance. Any intoxicated person may voluntarily come to a detoxification center for medical attention. The medical officer in charge of a detoxification center shall have the authority to determine whether a person shall be admitted to such center as a patient, or whether he should be referred to another health facility. The medical officer in charge of such center shall have the authority to require any person admitted as a patient under this subsection to remain at such center until he is sober and no longer incapacitated, but in any event no longer than 72 hours after his admission as a patient. If the medical officer concludes that such person should receive treatment at a different facility, he shall arrange for such treatment and for transportation to that facility. A detoxification center may provide medical services to a person who is not admitted as a patient. A patient in a detoxification center shall be encouraged to consent to an intensive diagnosis for alcoholism and to treatment at the inpatient and outpatient facilities authorized in section 3(a) of this Act. " (b)(1) Any person who is taken into custody for violating section 28 of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 25-128) shall be brought to a detoxification center where he ^"'^' P- ^is. shall either be admitted as a patient or transported by the Commis-

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Records.

PUBLIC LAW 90-452-AUG. 3, 1968

[82 STAT.

sioner to another appropriate medical facility for treatment. The police officer who took such person into custody for violating such section shall leave a violation notice for such person with the medical officer in charge of the detoxification center. After such person is sober and no longer incapacitated, the medical officer in charge of the detoxification center shall detain him as long as is reasonably necessary to conduct a diagnosis for alcoholism. If such person is diagnosed as a chronic alcoholic the medical officer shall, after a review of such person's record, recommend to the Corporation Counsel whether a criminal charge should be filed against such person for violating such section in order to institute civil commitment proceedings under section 7 of this Act. If such a criminal charge is not filed, no entry relating to such person's arrest for violating such section shall be made on any arrest or other criminal record. If the Corporation Counsel concludes that a criminal charge should be filed, the medical officer in charge of the detoxification center shall deliver to such person the violation notice that had been left with him. If such person is not diagnosed as a chronic alcoholic the medical officer in charge of the detoxification center shall deliver to him the violation notice that had been left with the medical officer and such person shall, after he is released by the center, be handled as in any other criminal case. " (2) Any person who is taken into custody in the District of Columbia for violating any criminal provision applicable in the District of Columbia (other than such section 28) and who appears to be intoxicated may be taken by the police to a detoxification center where he may be admitted as a patient for an immediate medical evaluation of his condition. As soon as it is determined that he is not in medical danger he shall be handled by the police as in any other criminal case. If his health is in danger, he may be detained either at the detoxification center or at some other appropriate medical facility until the danger has passed, and he shall then be handled as in any other criminal case. Such security conditions shall be maintained as are commensurate with the seriousness of the offense. I n appropriate cases where there is no danger to the safety of any person, the police may leave w ith the medical officer in charge of the detoxification center a violation notice which shall be delivered to such person when he is released from the detoxification center. u ^^^ rpj^^ registration and other records of a detoxification center shall remain confidential, and may be disclosed only to medical personnel for purposes of diagnosis, treatment, and court testimony, to police personnel for purposes of investigation of criminal offenses and complaints against police action, and to authorized personnel for purposes of presentence reports. " (d) The Commissioner shall promptly develop, in cooperation with the police, procedures for taking or sending an intoxicated person to a detoxification center, his residence, or a public or private health facility if no criminal charge is brought against such person. "SEC. 5. (a) Any person may voluntarily request admission to the inpatient center authorized in section 3(a) of this Act, and no person committed under section 7 of this Act shall take precedence for purposes of admission over a person who voluntarily requests admission unless the person so committed is found by the Court to endanger the public safety. The medical officer in charge of the inpatient center is authorized to determine who shall be admitted as a patient. A complete medical, social, occupational, and family history shall be obtained as part of the diagnosis and classification at the inpatient center, and an effort shall also be made to obtain copies of all pertinent records from other agencies, institutions, and medical facilities in order to develop a complete and permanent history on each patient.

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PUBLIC LAW 90-452-AUG. 3, 1968

621

" (b) A program shall be developed for patients of the inpatient center who are diagnosed not to be chronic alcoholics which program shall be designed to inform them of the dangers of alcoholism. "(c) In the case of a patient of the inpatient center who is diagnosed as a chronic alcoholic, he shall be given immediate, intensive treatment for chronic alcoholism at the inpatient center. " (d) No patient may be detained at the inpatient center without his consent, except under an order of the Court issued under section 7 of this Act. Reasonable regulations for checking out of the inpatient center and for providing transportation may be adopted. If a patient checks out of the center against medical advice, he may be readmitted at the discretion of the medical officer in charge of the center. "SEC. 6. (a) A chronic alcoholic shall be encouraged to consent to outpatient and aftercare treatment for his illness at the types of facilities authorized in section 8(a) of this Act. Any person may voluntarily request admission to outpatient treatment. The medical officer in charge of the outpatient treatment is authorized to determine who shall be admitted to such treatment. There shall be one central outpatient treatment office which shall coordinate the operation of all outpatient facilities, and paiticiilarly shall be responsible for locating residential facilities for indigent intoxicated persons and alcoholics. " (b) For chronic alcoholics for whom recovery is unlikely, supportive services and residential facilities shall be provided. " (c) The Commissioner shall be responsible, through the outpatient treajtment programs, for coordinating all public and private community efforts, including welfare services, vocational rehabilitation, and job placement, to integrate chronic alcoholics back into society as productive citizens. " (d) No person shall be required to participate in outpatient treatment without his consent unless required under an order of the Court issued under section 7 of this Act. Reasonable recjuirements may be placed upon such a person as conditions for his participation in such treatment. If a patient withdraws from outpatient treatment against medical advice, he may be readmitted at the discretion of the medical officer in charge of outpatient treatment. "SEC. 7. (a) The Court may, on a petition of the Corporation Counsel on behalf of the Commissioner, filed and heard before the period of detention for detoxification and diagnosis expires, order a person to be committed to the custody of the Commissioner for inpatient treatment and care if (1) the Court determines that the person is a chronic alcoholic and that as a result of chronic or acute intoxication such person is in immediate danger of substantial physical harm, and (2) such person received notice of the filing of such petition within a reasonable time before the hearing held by the Court. The period of such commitment, computed from the date of admission to a detoxification center, shall not exceed (1) 30 days in the case of the first or second such commitment within any 24-month period, or (2) 90 days in the case of the third or subsequent such commitment within any 24month period. " (b)(1) The Court may, after making the findings prescribed in paragraph (2) of this subsection, commit to the custody of the Commissioner for treatment and care for up to a specified period of time a chronic alcoholic who— " (A) is charged with any misdemeanor and who, prior to trial for such misdemeanor, voluntarily requests such treatment in lieu of criminal prosecution for such misdemeanor; " (B) is charged wnth a violation of section 28 of the District of Columbia Alcoholic Beverage Control Act (D.C. Code, sec. 2 5 128) and is acquitted on the ground of chronic alcoholism; or Ante, p. eis. " (C) is convicted of a violation of such section 28.

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D^c'c'oJe'21501! " ° ^

PUBLIC LAW 90-452-AUG. 3, 1968

[82 STAT.

The term of commitment of a chronic alcoholic ordered by the Court under this subsection may not exceed the maximum term of imprisonment authorized for the misdemeanor for which the chronic alcoholic was charged. "(2) Before any person may be committed under this subsection, the Court shall, after a medical diagnosis and a civil hearing, find that— " (A) the person is a chronic alcoholic; " (B) adequate and appropriate treatment provided by the Commissioner is available for the person; and " (C) in the case of a person described in subparagraph (C) of paragraph (1) of this subsection, he constitutes a continuing danger to the safety of himself or of other persons. The Court shall give reasonable notice of such hearing to the person sought to be committed and his attorney. In the case of a person described in subparagraph (C) of paragraph (1) of this subsection, if the Court does not make the finding described in subparagraph (B) of this paragraph, the Court may sentence the person to a penal institution pendnig the availability of such treatment, but for a period not to exceed the maximum term of imprisonment authorized for a violation of such section 28. "(c) A committed person may challenge by a petition for a writ of habeas corpus the applicability of such findings, except that no more than one such petition may be filed in any six-month period. The limitation prescribed in the preceding sentence shall not apply in the case of petitions based on newly discovered evidence. " (d) The Commissioner may transfer a committed person who has been adjudged a continuing danger to the safety of himself or of other persons from inpatient to outpatient status only with permission of the Court. The Commissioner may transfer any other committed person from inpatient to outpatient status, and any committed persons from outpatient to inpatient status, without permission of the Court, but may not release a committed person without permission of the Court. "(e) If any person subject to a commitment proceeding initiated under this section does not have an attorney and cannot afford one, the Court shall appoint one to represent him. "SEC. 8. The provisions of this Act shall apply to chronic alcoholics who have not been determined to be mentally ill. The handling of a chronic alcoholic who has been determined to be mentally ill shall be governed by the provisions of chapter 5 of title 21 of the District of Columbia Code. "SEC. 9. The Commissioner may contract with any appropriate public or private agency, organization, or institution that has proper and adequate treatment facilities, programs, and personnel, in order to carry out the purposes of this Act. "SEC. 10. (a) The Commissioner shall be responsible for developing and maintaining, in cooperation with other District of Columbia agencies and departments, programs for the prevention and treatment of alcoholism and the rehabilitation of alcoholics among District of Columbia employees consistent with the intent of this Act. " (b) The Commissioner shall also be responsible for fostering alcoholism rehabilitation programs in private industry in the District of Columbia. "SEC. 11. The Commissioner shall be responsible for establishing and maintaining a program for the prevention and treatment of alcoholism and the rehabilitation of alcoholics in correctional institutions in the District of Columbia. "SEC. 12. The Commissioner shall be responsible for establishing and maintaining, in cooperation with the schools, the police, the

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