information offered and the need for expedition. In any such hearing the common-law rules of evidence shall not be controlling. Examiner's findings and order. Proviso. (c) The examiner, after hearing, shall make findings of fact and recommend an appropriate order. Copies of such findings and order shall be served upon the parties to the proceeding in such manner as the Administrator may prescribe by regulation. Within five days after such service, any such party may request that the recommended order be reviewed by the Administrator. If there be no such request within such five days, the findings and recommended order of the examiner shall thereupon be deemed to be the findings and order of the Administrator: Provided, That the Administrator may review the proceedings, as herein provided, on his own motion at any time within ings. ten days after service of the examiner's findings and order upon the parties. The Administrator may, in his discretion, grant a hearing upon the request. Upon such request or motion, the record in the case shall be forthwith transferred to the Administrator for review and he may, in his discretion, grant a hearing. He shall state his findings of fact or affirm the examiner's findings of fact which findings in either case shall be conclusive if supported by substantial evidence, and shall make an appropriate order. SEC. 9. COURT REVIEW.-(a) Within ten days after issuance of an order of the Administrator under section 4, any party may file a petition to review such action in the municipal court of the District of Columbia, and shall forthwith serve a copy of such petition upon the Administrator. Thereupon, the Administrator shall certify and file with the court a transcript of the record upon which the order complained of was entered. Upon the filing of such transcript, the court shall have exclusive jurisdiction to affirm or set aside such order, or remand the proceeding: Provided, That the Administrator may at any time, upon reasonable notice and in such manner as he shall deem proper, rescind, modify, or set aside, in whole or in part, any such order at any time notwithstanding the pendency of the petition to review. (b) No objection that has not been urged before the Administrator shall be considered by the court, unless the failure to urge such objection shall be excused because of extraordinary circumstances. No order shall be set aside or remanded unless the petitioner shall establish to the satisfaction of the court that the order is not in accordance with law, or is not supported by substantial evidence. The commencement of proceedings under this section shall not, except as provided in subsection (d), operate as a stay of the Administrator's order. (c) The municipal court of the District of Columbia is hereby granted exclusive jurisdiction to review any order of the Administrator made pursuant to section 4 of this Act. The judgment and decree of the court shall be final, subject to review as provided by law relative to other judgments of the court. Three judges of the municipal court, selected in such rotation as the judges of the court shall determine, shall sit in all proceedings under this section and shall participate in the decision of such cases. (d) No court shall issue any interlocutory order or decree staying the effectiveness of any provision of this Act or any regulation or order issued thereunder, unless the person objecting to such provision, regulation, or order, shall file with the court an undertaking with a surety or sureties satisfactory to the court for the payment, in the event such objection is not sustained, of the amount by which the maximum rent, if any, permitted under such provision, regulation, or order, exceeds or is less than the amount actually received or paid while such stay is in effect. Proviso. Limitations. Court jurisdiction. Judges. Stay of effectiveness of provisions. Suit to rescind lease, etc. Willful violations, falsification of documents, etc. Prosecution. Nonliability for damages or penalties. Enforcement orders. "Housing accommodations." ''Services."! SEO. 10. ENFORCEMENT, PENALTIES.-(a) If any landlord receives rent or refuses to render services in violation of any provision of this Act, or of any regulation or order thereunder prescribing a rent ceiling or service standard, the tenant paying such rent or entitled to such service, or the Administrator on behalf of such tenant, may bring suit to rescind the lease or rental agreement, or, in case of violation of a maximum-rent ceiling, an action for double the amount by which the rent paid exceeded the applicable rent ceiling and, in case of violation of a minimum-service standard, an action for double the value of the services refused in violation of the applicable minimum-service standard or for $50, whichever is greater in either case, plus reasonable attorneys' fees and costs as determined by the court. Any suit or action under this subsection may be brought in the municipal court of the District of Columbia regardless of the amount involved, and the municipal court is hereby given exclusive jurisdiction to hear and determine all such cases. (b) Any person who willfully violates any provision of this Act or any regulation, order, or requirement thereunder, and any person who willfully makes any statement or entry false in any material respect in any document or report required to be kept or filed thereunder, and any person who willfully participates in any fictitious sale or other device or arrangement with intent to evade this Act or any regulation, order, or requirement thereunder, shall be prosecuted therefor by the corporation counsel of the District of Columbia or an assistant, on information filed in the police court of the District of Columbia, and shall upon conviction be fined not more than $1,000 or imprisoned for not more than one year, or both. (c) No person shall be held liable for damages or penalties in any court on any grounds for or in respect of anything done or omitted to be done in good faith pursuant to any provision of this Act or any regulation, order, or requirement thereunder, notwithstanding that subsequently such provision, regulation, order, or requirement may be modified, rescinded, or determined to be invalid. The Administrator may intervene in any suit or action wherein a party relies for ground of relief or defense upon this Act or any regulation, order, or requirement thereunder. No costs shall be assessed against the Administrator in any proceedings had or taken in accordance with this Act. (d) Whenever in the judgment of the Administrator any person has engaged or is about to engage in any acts or practices which constitute or will constitute a violation of this Act, or any regulation, order, or requirement thereunder, he may make application to the United States District Court for the District of Columbia for an order enforcing compliance with this Act or such regulation, order, or requirement, and upon a proper showing a permanent or temporary injunction, restraining order, or other order, shall be granted without bond. SEC. 11. DEFINITIONS.-As used in this Act (a) The term "housing accommodations" means any building, structure or part thereof, or land appurtenant thereto, or any other real or personal property rented or offered for rent for living or dwelling purposes in the District of Columbia (including, but without limitation, houses, apartments, hotels, rooming- or boardinghouse accommodations, and other properties used for living or dwelling purposes) together with all services supplied in connection. with the use or occupancy of such property. (b) The term "services" includes the furnishing of light, heat, hot and cold water, telephone, elevator service, furnishings, furniture, window shades, screens, awnings, and storage, kitchen, bath, and laundry facilities and privileges, maid service, janitor service, the removal of refuse, and the making of all repairs suited to the housing accommodations or necessitated by ordinary wear and tear, and any other privilege or facility connected with the use or occupancy of housing accommodations. (c) The term "rent" means the consideration, including any bonus, benefit, or gratuity, demanded or received per day, week, month, year, or other period of time as the case may be, for the use or occupancy of housing accommodations or the transfer of a lease for such accommodations. (d) The term "maximum-rent ceiling" means the maximum rent which may be demanded or received for the use or occupancy of housing accommodations or the transfer of a lease for such accommodations. (e) The term "minimum-service standard" means the minimum service which may be supplied in connection with the renting or leasing of housing accommodations. (f) The term "tenant" includes a subtenant, lessee, sublessee, or other person entitled to the use or occupancy of any housing accommodations. (g) The term "landlord" includes an owner, lessor, sublessor, or other person entitled to receive rent for the use or occupancy of any housing accommodations. (h) The term "person" includes one or more individuals, firms, partnerships, corporations, or associations and any agent, trustee, receiver, assignee, or other representative thereof. (i) The term "documents" includes leases, agreements, records, books, accounts, correspondence, memoranda, and other documents, and drafts and copies of any of the foregoing. SEO. 12. SEPARABILITY.—If any provision of this Act or the application of such provision to any person or circumstance shall be held invalid, the validity of the remainder of the Act and the applicability of such provision to other persons or circumstances shall not be affected thereby. "Rent." "Maximum-rent ceiling." "Minimum-service standard." "Tenant." "Landlord." "Person." "Documents." Appropriation au- SEC. 13. APPROPRIATION.-There is hereby authorized to be appro- thorized. priated such funds as may be necessary to carry out the provisions of this Act, to be paid out of money in the Treasury of the United States to the credit of the District of Columbia not otherwise appropriated. SEC. 14. SHORT TITLE.-This Act may be cited as the "District of Columbia Emergency Rent Act”. Approved, December 2, 1941. [CHAPTER 561] JOINT RESOLUTION Declaring that a state of war exists between the Imperial Government of Japan and the Government and the people of the United States and making provisions to prosecute the same. Whereas the Imperial Government of Japan has committed unprovoked acts of war against the Government and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Imperial Government of Japan which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Imperial Government of Japan; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States. Approved, December 8, 1941, 4:10 p. m., E. S. T. 823. December 8, 1941 Declaration of state of war with Japan. December 10, 1941 [S. 1060] [Public Law 329] gratuity benefits. 49 Stat. 1028. 10 U. S. C. § 456. [CHAPTER 562] AN ACT To extend the six months' death gratuity benefits, now paid only to dependents of officers and enlisted men of the Regular Army, to dependents of all officers, warrant officers, and enlisted men of the Army of the United States who die in line of duty while in active military service of the United States. Be it enacted by the Senate and House of Representatives of the Six months' death United States of America in Congress assembled, That, effective as of August 27, 1940, the last proviso of section 1 of the Act of August 30, 1935, as amended by section 5 of the Act of April 3, 1939 (53 Stat. 557), and by the Act of July 25, 1939 (53 Stat. 1079), be, and same is hereby, further amended by changing the final period to a comma and adding the following: "including for their dependents the benefits of the Act of December 17, 1919 (41 Stat. 367), as amended." 10 U. S. C. § 903. December 10, 1941 [S. 1826] [Public Law 330] accompanying blind masters. Admittance to U. S. buildings, etc. Proviso. Approved, December 10, 1941. [CHAPTER 563] AN ACT To permit seeing-eye dogs to enter Government buildings when accompanied by their blind masters, and for other purposes. Be it enacted by the Senate and House of Representatives of the Seeing-eye dogs United States of America in Congress assembled, That seeing-eye dogs or other guide dogs, specially trained and educated for that purpose, accompanied by their blind masters, shall be admitted to any building or other property owned or controlled by the United States, upon the same terms and conditions, and subject to the same regulations as generally govern the admission of the public to such property: Provided, That such dogs shall not be permitted to run free or roam in or on such property, and shall be in guiding harness or on leash and under the control of their blind masters at all times Rules and regula- while in or on such property. The head of each department or other agency of the United States may make such rules and regulations as he deems necessary in the public interest to carry out the provisions of this Act in its application to any such building or other property subject to his jurisdiction. tions. December 11, 1941 Approved, December 10, 1941. [CHAPTER 564] JOINT RESOLUTION Declaring that a state of war exists between the Government of Germany and the Government and the people of the United States and making provision to prosecute the same. Whereas the Government of Germany has formally declared war against the Government and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United Declaration of state States of America in Congress assembled, That the state of war of war with Germany. between the United States and the Government of Germany which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Government of Germany; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States. Approved, December 11, 1941, 3:05 p. m., E. S. T. Declaring that a state of war exists between the Government of Italy and the Government and the people of the United States and making provision to prosecute the same. Whereas the Government of Italy has formally declared war against the Government and the people of the United States of America: Therefore be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the state of war between the United States and the Government of Italy which has thus been thrust upon the United States is hereby formally declared; and the President is hereby authorized and directed to employ the entire naval and military forces of the United States and the resources of the Government to carry on war against the Government of Italy; and, to bring the conflict to a successful termination, all of the resources of the country are hereby pledged by the Congress of the United States. Approved, December 11, 1941, 3:06 p. m., E. S. T. [CHAPTER 566] AN ACT To provide for continuing in the service of the Army, Navy, Marine Corps, and Coast Guard of the United States beyond the term of their enlistment, those suffering from service-connected disease or injury, and in need of medical care or hospitalization until recovery through such medical care and hospitalization. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter any enlisted man of the Army, Navy, Marine Corps, and Coast Guard of the United States in the active service, whose term of enlistment shall expire while he is suffering disease or injury incident to service and not due to misconduct, and who is in need of medical care or hospitalization, may, with his consent, be retained in such service beyond the expiration of his term of enlistment, and any such enlisted man shall be entitled to receive at Government expense medical care or hospitalization and his pay and allowances (including expense money authorized by law and credit for longevity) until he shall have recovered to such extent as would enable him to meet the physical requirements for reenlistment, or until it shall have been ascertained by competent authority of the service concerned that the disease or injury is of a character that recovery to such an extent would be impossible, whichever is earlier: Provided, That any enlisted man whose enlistment is extended as provided herein shall be subject to forfeiture in the same manner and to the same extent as if his term of enlistment had not expired, and nothing contained in this Act shall prevent any enlisted man of the Army, Navy, or Marine Corps, and the Coast Guard, from being held in the service without his consent under, respectively, the provisions of the one hundred and seventh article of war, the Act of August 29, 1916, as amended (40 Stat. 717), and section 1, subsection (a), of the Act of May 26, 1906, as amended (50 Stat. 547). Approved, December 12, 1941. December 11, 1941 [S. J. Res. 120] [Public Law 332] Declaration of state of war with Italy. December 12, 1941 Retention of en listed men in need of medical care, etc. Proviso. Detention without consent. 10 U. S. C. § 1579. 34 U. S. C. § 183. 14 U. S. C. § 35. Ante, p. 586. |