Bureau of the Budget, and Assistant Directors of the Bureau of the Budget were designated Director of the Office of Management and Budget, Deputy Director of the Office of Management and Budget, and Assistant Directors of the Office of Management and Budget, respectively, by Reorg. Plan No. 2 of 1970 set out in the Appendix to Title 5, Government Organization and Employees, which also transferred all records, property, personnel, and funds of the Bureau to the Office of Management and Budget. SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 3335, 3336 of this title. § 3339. Limitation on amount of grant. Grants made under section 3335 of this title for projects in any one State shall not exceed in the aggregate 15 per centum of the aggregate amount of funds authorized to be appropriated pursuant to section 3336(b) of this title. (Pub. L. 89-754, title II, § 209, Nov. 3, 1966, 80 Stat. 1266.) SUBCHAPTER III.-URBAN INFORMATION AND TECHNICAL ASSISTANCE SERVICES § 3351. Declaration of purpose. It is the purpose of this subchapter to assist States to make available information and data on urban needs and assistance programs and activities, and to provide technical assistance, to small communities with respect to the solution of urban problems. (Pub. L. 89-754, title IX, § 901, Nov. 3, 1966, 80 Stat. 1282.) § 3352. Grant authority; scope of assistance; terms and conditions of programs. (a) The Secretary is authorized to make grants to States to help finance programs to provide information and data on urban needs and assistance programs and activities, and to provide technical assistance, to small communities with respect to the solution of local problems. Activities aided by such grants may include (1) the assembly, correlation, and dissemination of urban physical, social, and economic development information and data for the purpose of informing local governments of small communities, and interested organizations and individuals, of the availability and status of Federal, State, and local programs and other resources and data for the solution of urban problems; and (2) providing technical assistance with respect to the solution of urban problems to any small community requesting such assistance. (b) A program assisted under this section shall(1) specify the information and technical assistance activities to be carried on and justify the needs for the costs of such activities; and (2) represent substantially increased or improved activities on the part of the applicant State agency. (Pub. L. 89-754, title IX, § 902, Nov. 3, 1966, 80 Stat. 1283.) § 3353. Amount of grant; restrictions. (a) A grant under this section shall not exceed 50 per centum of the cost of the activities carried on under an approved urban information and technical assistance program. (b) No grant shall be made under this subchapter to assist in assembling data, or providing information, to be used primarily in the day to day operations of State or local governing bodies and agencies. (Pub. L. 89-754, title IX, § 903, Nov. 3, 1966, 80 Stat. 1283.) § 3354. Cooperation and coordination. (a) Federal departments and agencies shall cooperate with States in providing information to assist in carrying out the purpose of this subchapter. (b) In the administration of this subchapter, the Secretary shall seek to ensure the greatest practicable coordination of urban information and technical assistance programs established under this subchapter. (Pub. L. 89-754, title IX, § 904, Nov. 3, 1966, 80 Stat. 1283.) § 3355. Definitions. As used in this subchapter (1) "State" means any State of the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, or an agency or instrumentality designated by the chief executive of any of the foregoing, or a statewide agency or instrumentality of its political subdivisions designated by such chief executive. (2) "Secretary" means the Secretary of Housing and Urban Development. (3) "Small communities" means communities having populations of less than one hundred thousand according to the most recent decennial census. (Pub. L. 89-754, title IX, § 905, Nov. 3, 1966, 80 Stat. 1283.) § 3356. Authorization of appropriations; availability of funds for expenditures. There are authorized to be appropriated for the purpose of carrying out the provisions of this subchapter not to exceed $2,500,000 for the fiscal year ending June 30, 1967, 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. 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, 1972. (Pub. L. 89-754, title IX, § 906, Nov. 3, 1966, 80 Stat. 1284; Pub. L. 90-448, title XVII, § 1703, Aug. 1, 1968, 82 Stat. 603; Pub. L. 91-152, title III, § 308, Dec. 24, 1969, 83 Stat. 394; Pub. L. 91-609, title III, § 305, Dec. 31, 1970, 84 Stat. 1781.) AMENDMENTS 1970-Pub. L. 91-609 substituted "July 1, 1972" for "July 1, 1971". 1969-Pub. L. 91-152 substituted "July 1, 1971" for "July 1, 1970". 1968-Pub. L. 90-448 authorized appropriations of not more than $5,000,000 for fiscal year 1969, and not more than $15,000,000 for fiscal year 1970, and permitted amounts authorized for any fiscal year but not appropriated to be appropriated for any succeeding fiscal year commencing prior to July 1, 1970. SUBCHAPTER IV.-MISCELLANEOUS PROVISIONS § 3371. Assistance for housing in Alaska. (a) Loans and grants; State program; approval by Secretary; terms and conditions; standards for housing; mutual and self-help in construction; encouragement of self-government and home ownership. The Secretary of Housing and Urban Development (hereinafter referred to as the "Secretary") is authorized to make loans and grants to the State of Alaska, or any duly authorized agency or instrumentality thereof, in accordance with a statewide program prepared by such State, agency, or instrumentality, and approved by the Secretary, to assist in the provision of housing and related facilities for Alaska natives and other Alaska residents who are otherwise unable to finance such housing and related facilities upon terms and conditions which they can afford. The program shall (1) specify the minimum and maximum standards for such housing and related facilities (not to exceed an average of $10,875 per dwelling unit); (2) to the extent feasible, encourage the proposed users of such housing and related facilities to utilize mutual and self-help in the construction thereof; and (3) provide experience, and encourage continued participation, in selfgovernment and individual home ownership. (b) Amount of grants. Grants under this section shall not exceed 75 per centum of the aggregate cost of the housing and related facilities to be constructed under an approved program. (c) Authorization of appropriations. There is authorized to be appropriated not to exceed $10,000,000 to carry out the purposes of this section. (Pub. L. 89-754, title X, § 1004, Nov. 3, 1966, 80 Stat. 1284; Pub. L. 91-152, title II, § 220, Dec. 24, 1969, 83 Stat. 390.) AMENDMENTS 1969 Subsec. (a). Pub. L. 91-152 substituted "$10,875" for "$7,500". §§ 3372, 3373. Repealed. Pub. L. 91-609, title V, § 503(6), Dec. 31, 1970, 84 Stat. 1786. Section 3372, Pub. L. 89-754, title X, § 1010, Nov. 3, 1966, 80 Stat. 1286; Pub. L. 90-448, title XVII, § 1704, Aug. 1, 1968, 82 Stat. 603; Pub. L. 91-152, title IV, §§ 402. 417, Dec. 24, 1969, 83 Stat. 395, 401, related to application of advances in technology to housing and urban development and provided for: statement of purpose and duties of Secretary; objectives of research and studies; execution of research and studies directly or by contract, acquisition of property, and limitation on contracts; authorization of appropriations and availability of funds for expenditures; and limitation of authority under other provisions of law. See sections 1701z-1 to 1701z-4 of Title 12, Banks and Banking. Section 3373, Pub. L. 89-754, title X, § 1011, Nov. 3, 1966, 80 Stat. 1287, related to environmental studies and provided for: Congressional findings and comprehensive program of research, studies, surveys, and analyses; powers and duties of Secretary; advisory committees, functions, personnel, compensation, travel, and other necessary expenses; execution of studies, surveys, research, and analyses directly or by contract, and limitation on contracts; and authorization of appropriations and availability of funds for expenditures. See sections 17012-1 to 1701z-4 of Title 12, Banks and Banking. § 3374. Acquisition of property at or near military bases which have been ordered to be closed. (a) Authorization; conditions precedent. Notwithstanding any other provision of law, the Secretary of Defense is authorized to acquire title to, hold, manage, and dispose of, or, in lieu thereof, to reimburse for certain losses upon private sale of, or foreclosure against, any property improved with a one- or two-family dwelling which is situated at or near a military base or installation which the Department of Defense has, subsequent to November 1, 1964, ordered to be closed in whole or in part, if he determines (1) that the owner of such property is, or has been, a Federal employee employed at or in connection with such base or installation (other than a temporary employee serving under a time limitation) or a serviceman assigned thereto; (2) that the closing of such base or installation, in whole or in part, has required or will require the termination of such owner's employment or service at or in connection with such base or installation; and (3) that as the result of the actual or pending closing of such base or installation in whole or in part, or if as the result of such action and other similar action in the same area, there is no present market for the sale of such property upon reasonable terms and conditions. (b) Eligibility for benefits; criteria. In order to be eligible for the benefits of this section such employees or military personnel must be or have been (1) assigned to or employed at or in connection with the installation or activity at the time of public announcement of the closure action, (2) transferred from such installation or activity, or terminated as employees as a result of reduction-in-force, within six months prior to public announcement of the closure action, or (3) transferred from the installation or activity on an overseas tour unaccompanied by dependents within fifteen months prior to public announcement of the closure action: Provided, That, at the time of public announcement of the closure action, or at the time of transfer or termination as set forth above, such personnel or employees must (i) have been the owner-occupant of the dwelling, or (ii) have vacated the owned dwelling as a result of being ordered into on-post housing during a six-month period prior to the closure announcement: Provided further, That as a consequence of such closure such employees or personnel must (1) be required to relocate because of military transfer or acceptance of employment beyond a normal commuting distance from the dwelling for which compensation is sought, or (ii) be unemployed, not as a matter of personal choice, and able to demonstrate such financial hardship that they are unable to meet their mortgage payments and related expenses. (c) Election of benefits; mortgage loan encumbrance; foreclosure expenses. Such persons as the Secretary of Defense may determine to be eligible under the criteria set forth above shall elect either (1) to receive a cash payment as compensation for losses which may be or have been sustained in a private sale, in an amount not to exceed the difference between (A) 95 per centum of the fair market value of their property (as such value is determined by the Secretary of Defense) prior to public announcement of intention to close all or part of the military base or installation and (B) the fair market value of such property (as such value is so determined) at the time of the sale, or (2) to receive, as purchase price for their property, an amount not to exceed 90 per centum of prior fair market value as such value is determined by the Secretary of Defense, or the amount of the outstanding mortgages. Cash payment as compensation for losses sustained in a private sale shall not be made in any case in which the property is encumbered by a mortgage loan guaranteed, insured, or held by a Federal agency unless such mortgage loan is paid, assumed by a purchaser satisfactory to such Federal agency, or otherwise fully satisfied at or prior to the time such cash payment is made. Except in cases of payment as compensation for losses, in the event of foreclosure by mortgagees commenced on or after public announcement of intention to close all or part of the military base or installation the Secretary of Defense may reimburse or pay on account of eligible persons such sums as may be paid or be otherwise due and owing by such persons as the result of such foreclosure, including (without limiting the generality of the foregoing) direct costs of judicial foreclosure, expenses and liabilities enforceable according to the terms of their mortgages or promissory notes, and the amount of debts, if any, established against such persons by a Federal agency in the case of loans made, guaranteed, or insured by such agency following liquidation of the security for such loans. (d) Fund for extension of financial assistance; capital and receipts; availability of monies; covering into Treasury as miscellaneous receipts; Federal title to and control of property; other laws unaffected; foreign properties, exclusion. There shall be in the Treasury a fund which shall be available to the Secretary of Defense for the purpose of extending the financial assistance provided above. The capital of such fund shall consist of such sums as may, from time to time, be appropriated thereto, and shall consist also of receipts from the management, rental, or sale of properties acquired under this section, which receipts shall be credited to the fund and shall be available, together with funds appropriated therefor, for purchase or reimbursement purposes as provided above, as well as to defray expenses arising in connection with the acquisition, management, and disposal of such properties, including payment of principal, interest, and expenses of mortgages or other indebtedness thereon, and including the cost of staff services and contract services, costs of insurance, and other indemnity. Any part of such receipts not required for such expenses shall be covered into the Treasury as miscellaneous receipts. Properties acquired under this section shall be conveyed to, and acquired in the name of, the United States. The Secretary of Defense shall have the power to deal with, rent, renovate, and dispose of, whether by sales for cash or credit or otherwise, any properties so acquired: Provided, however, That no contract for acquisition, or acquisition, shall be deemed to constitute a contract for or acquisition of family housing units in support of military installations or activities within the meaning of section 1594i (a) of this title, nor shall it be deemed a transaction within the contemplation of section 2662 of Title 10: Provided further, That no properties in foreign countries shall be acquired under this section. (e) Fund as source of payments to States in lieu of taxes; limitation on amount; allowance for public service expenditures. Payments from the fund created by this section may be made in lieu of taxes to any State or political subdivision thereof, with respect to real property, including improvements thereon, acquired and held under this section. The amount so paid for any year upon such property shall not exceed the taxes which would be paid to the State or subdivision, as the case may be, upon such property if it were not exempt from taxation, and shall reflect such allowance as may be considered appropriate for expenditures, if any, by the Government for streets, utilities, or other public services to serve such property. (f) Title requirements; terms and conditions of payment; finality of decisions. The title to any property acquired under this section, the eligibility for, and the amounts of, cash payable, and the administration of the preceding provisions of this section, shall conform to such requirements, and shall be administered under such conditions and regulations, as the Secretary of Defense may prescribe. Such regulations shall also prescribe the terms and conditions under which payments may be made and instruments accepted under this section, and all the determinations and decisions made pursuant to such regulations by the Secretary of Defense regarding such payments and conveyances and the terms and conditions under which they are approved or disapproved, shall be final and conclusive and shall not be subject to judicial review. (g) Agreements between executive departments; delegation of functions; finality of determinations; availability of Fund. The Secretary of Defense is authorized to enter into such agreement with the Secretary of Housing and Urban Development as may be appropriate for the purposes of economy and efficiency of administration of this section. Such agreement may provide authority to the Secretary of Housing and Urban Development and his designee to make any or all of the determinations and take any or all of the actions which the Secretary of Defense is authorized to undertake pursuant to the preceding provisions of this section. Any such determinations shall be entitled to finality to the same extent as if made by the Secretary of Defense, and, in event the Secretaries of Defense and Housing and Urban Development so elect, the fund established pursuant to subsection (d) of this section shall be available to the Secretary of Housing and Urban Development to carry out the purposes thereof. (h) Specific authorization for funds; expenditure of monies in Fund. No funds may be appropriated for the acquisition of any property under authority of this section unless such funds have been specifically authorized for such purpose in a military construction authorization act, and no moneys in the fund created pursuant to subsection (d) of this section may be expended for any purpose except as may be provided in appropriation Acts. (i) Reduction of operations at military base or installation. The authority provided by this section to the Secretary of Defense shall also be available when the Department of Defense has ordered a reduction in the scope of operations at a military base or installation. All references in subsections (a), (b), and (c) of this section to "closures" or "closings" or words of similar effect shall be deemed to include the reduction in scope of operations at a base or installation. (Pub. L. 89-754, title X, § 1013(a)–(g), (i), Nov. 3, 1966, 80 Stat. 1290-1292; Pub. L. 91-142, title VI, § 602, Dec. 5, 1969, 83 Stat. 313; Pub. L. 91-511, title VI, § 612, Oct. 26, 1970, 84 Stat. 1225.) CODIFICATION Section is comprised of subsecs. (a)-(g) and (1) of section 1013 of Pub. L. 89-754, such subsec. (1) being classified to subsec. (h) of this section. Subsecs. (h) and (j) of such section 1013 amended section 1715n (a)(8) and repealed section 1735h of Title 12, Banks and Banking, such repealed section now being covered by this section. AMENDMENTS 1970 Subsec. (a) (3). Pub. L. 91-511 inserted "or if as the result of such action and other similar action in the same area," after "part,”. Subsec. (1). Pub. L. 91-511 added subsec. (1). Letter designation of the added subsection was, in the original "(k)" which, for purposes of classification, was changed to "(1)". 1969 Subsec. (c). Pub. L. 91-142, § 602(a), deleted "and prior to the one hundred and twentieth day after November 3, 1966," following "installation" in the third sentence. Subsec. (d). Pub. L. 91-142, § 602(b), excluded the acquisition of foreign properties under this section. Sec. 3412. Preliminary proceedings (a) Petition for treatment. (b) Petition for confinement; consultations respecting availability of facilities. (c) Order for medical examination and hearing; personal service. 3413. Judicial proceedings; advisement of patient: counsel, retained physician's authority, treatment program of commitment, withdrawal, duration, confinement, postconfinement, and recommitment; examination of patient: appointment of physicians, order of commitment, conduct and report of examination, and copies to patient and counsel; return of patient for further proceedings. 3414. Hearings. (a) Discharge of patient and dismissal of proceedings; notice of time and place; service; issues of fact: demand for jury or judicial determination. (b) Evidence; patient's testimony; examinations and cross-examinations; judicial review of orders of commitment. (c) Detention of patient. (d) Witness fees and mileage. 3415. Order of commitment for treatment to care and custody of Surgeon General; reports of Surgeon General. 3416. Period of commitment to care and custody of Surgeon General; patient subject to posthospitalization program; release from confinement. 3417. Release from confinement. (a) Notice and return to committing court; placing patient under care and custody of Surgeon General for posthospitalization treatment; recommendations of Surgeon General. (b) Return to committing court for recommitment and submission to posthospitalization treatment. 3418. Petition for inquiry into health and general condition and necessity for continuation of confinement; order for release from confinement and return to court; placing patient under posthospitalization treatment. 3419. Criminal conviction or criminal appellation from determination of being narcotic addict; criminal proceedings prohibited from using information gained in addiction inquiry. 3420. Evidence; examining physician a competent and compellable witness; physician-patient privilege. 3421. Subchapter inapplicable to persons with criminal charge pending, on probation, or with sentence unserved; consent to commitment of such persons by authority with power over their custody. 3422. Commitment to hospital of the Service dependent upon certification of availability of facilities or personnel for treatment. 3423. Compensation of physicians and counsel; source of funds. 3424. Authority of Surgeon General (b) Arrangements making available, on a re- 3425. Penalties; escape or rescue from custody. 3426. Same; false statements. SUBCHAPTER III.-REHABILITATION AND POSTHOSPITALIZATION CARE PROGRAMS AND ASSISTANCE TO STATES AND LOCALITIES 3441. Outpatient services; establishment. 3442. Repealed. SUBCHAPTER I.-GENERAL PROVISIONS § 3401. Declaration of policy. It is the policy of the Congress that certain persons charged with or convicted of violating Federal criminal laws, who are determined to be addicted to narcotic drugs, and likely to be rehabilitated through treatment, should, in lieu of prosecution or sentencing, be civilly committed for confinement and treatment designed to effect their restoration to health, and return to society as useful members. It is the further policy of the Congress that certain persons addicted to narcotic drugs who are not charged with the commission of any offense should be afforded the opportunity, through civil commitment, for treatment, in order that they may be rehabilitated and returned to society as useful members and in order that society may be protected more effectively from crime and delinquency which result from narcotic addiction. (Pub. L. 89-793, § 2, Nov. 8, 1966, 80 Stat. 1438.) CODIFICATION Section was not enacted as a part of the Narcotic Addict Rehabilitation Act of 1966, which is classified to subchapters II and III of this chapter, chapter 314 of Title 18, Crimes and Criminal Procedure, and chapter 175 of Title 28, Judiciary and Judicial Procedure. EFFECTIVE DATE Section 605 of Pub. L. 89-793 provided that: "Title I of this act [classified to chapter 175 (section 2901 et seq.) of Title 28] shall take effect three months after the date of its enactment [Nov. 8, 1966], and shall apply to any case pending in a district court of the United States in which an appearance has not been made prior to such effective date. Titles II [classified to chapter 314 (section 4251 et seq.) of Title 18] and V of this Act [amending section 7237(d) of Title 26 and enacting provisions set out as note under section 4202 of Title 18] shall take effect three months after the date of its enactment [Nov. 8, 1966] and shall apply to any case pending in any court of the United States in which sentence has not yet been imposed as of such effective date. Title III of this Act [classified to section 3411 et seq. of this title] shall take effect three months after the date of its enactment [Nov. 8, 1966]." SHORT TITLE Section 1 of Pub. L. 89-793 provided: "That titles I, II, III, and IV of this Act [enacting subchapters II and III of this chapter, chapter 314 (section 4251 et seq.) of Title 18, Crimes and Criminal Procedure, and chapter 175 (section 2901 et seq.) of Title 28, Judiciary and Judicial Procedure] may be cited as the 'Narcotic Addict Rehabilitation Act of 1966'." SEPARABILITY OF PROVISIONS Section 604 of Pub. L. 89-793 provided that: "If any provision of this Act [which enacted this chapter, chapter 314 of Title 18, and chapter 175 of Title 28, amended section 257 of this title and section 7237(d) of Title 26, and enacted provisions set out as notes under this section and section 4202 of Title 18] or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected thereby." AUTHORIZATION OF APPROPRIATIONS Section 607 of Pub. L. 89-793 provided that: "There are authorized to be appropriated such sums as are necessary to carry out the provisions of this Act [which enacted this chapter, chapter 314 of Title 18, Crimes and Criminal Procedure, and chapter 175 of Title 28, Judiciary and Judicial Procedure, amended section 257 of this title and section 7237(d) of Title 26, Internal Revenue Code, and enacted provisions set out as notes under this section and section 4202 of Title 18]." REORGANIZATION PLAN NO. 3 OF 1966 Section 606 of Pub. L. 89-793 provided that: "The provisions of this Act [which enacted this chapter, chapter 314 of Title 18, and chapter 175 of Title 28, amended section 257 of this title and section 7237(d) of Title 26, and enacted provisions set out as notes under this section and section 4202 of title 18] shall be subject to the provisions of Reorganization Plan No. 3 of 1966." § 3402. State facilities and personnel for care and treatment; encouragement of adequate provision; benefit of experience of Surgeon General and Attorney General. The Surgeon General and the Attorney General are authorized to give representatives of States and local subdivisions thereof the benefit of their experience in the care, treatment, and rehabilitation of narcotic addicts so that each State may be encouraged to provide adequate facilities and personnel for the care and treatment of narcotic addicts in its jurisdiction. (Pub. L. 89-793, title VI, § 602, Nov. 8, 1966, 80 Stat. 1450.) For the purposes of this subchapter the term(a) "Narcotic addict" means any individual who habitually uses any narcotic drug as defined in section 802(16) of Title 21, so as to endanger the public morals, health, safety, or welfare, or who is or has been so far addicted to the use of such narcotic drugs as to have lost the power of self-control with reference to his addiction. (b) "Treatment" includes confinement and treatment in a hospital of the Service and under supervised aftercare in the community and includes, but is not limited to, medical, educational, social, psychological, and vocational services, corrective and preventive guidance and training, and other rehabilitative services designed to protect the public and benefit the addict by correcting his antisocial tendencies and ending his dependence on addicting drugs and his susceptibility to addiction. (c) "Surgeon General" means the Surgeon General of the Public Health Service. (d) "Hospital of the Service" means any hospital or other facility of the Public Health Service especially equipped for the accommodation of addicts, and any other appropriate public or private hospital or other facility available to the Surgeon General for the care and treatment of addicts. (e) "Patient" means any person with respect to whom a petition has been filed by a United States attorney as provided under subsection (b) of section 3412 of this title. (f) "Posthospitalization program” shall mean any program providing for the treatment and supervision of a person established by the Surgeon General pursuant to section 3417 of this title. (g) "State" includes the District of Columbia and the Commonwealth of Puerto Rico. (h) "United States" includes the Commonwealth of Puerto Rico. |