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PUBLIC LAW 89-106-AUGUST 4, 1965

431

Public Law 09-106 AN ACT

August 4, 1,965

To facilitate the work of the Department of Agriculture, and for other purposes.

i • •

o^J

7^e ft enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwith- attmin't^^^muils standing the provisions of existing law, except the Commodity Credit tration. Corporation Charter Act and without regard to section 355, Revised t.^?,""^.^*^"" °^ Statutes, as amended (40 U.S.C. 255), but within the limitations of "52 stit." 1070. cost otherwise applicable, appropriations of the Department of Agri- is use 714 note. culture may be expended for the erection of buildings and other structures on land owned by States, counties, municipalities, or other political subdivisions, corporations, or individuals: Provided, That prior to such erection there is obtained the right to use the land for the estimated life of or need for the structure, including the right to remove any such structure within a reasonable time after the termination of the right to use the land: Provided furthsr^ That appropriations and funds available to the Department of Agriculture shall be available for expenses in connection with acquiring the right to use land for such purposes under long-term lease or other agreement. SEC. 2. The Secretary of Agriculture is authorized to make grants, ^^^^^"""^ for periods not to exceed five years' duration, to State agricultural experiment stations, colleges, universities, and other research institutions and organizations and to Federal and private organizations and individuals for research to further the programs of the Department of Agriculture. Each recipient of assistance under this section shall keep Records. such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such grants, the total cost of the project or undertaking in connection with which such funds are given or used, and the amount of that portion of the costs of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. The Secretary of Agriculture and the Comptroller General ^udit. of the United States or any of their duly authorized representatives shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the grants received under this section. SEC, 3. The Secretary of Agriculture is authorized to obtain insur- biiit^^lnsurance. ance to cover the liability of any employee of the Department of Agriculture for damage to or loss of property or personal injury or death caused by the act or omission of any such employee while acting within the scope of his office or employment and while operating a motor vehicle belonging to the United J^tates in a foreign country. SEC. 4. Section 602 of the Agricultural Act of 1954 (68 Stat. 908) ^^ZT^^^X".

1-11

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sonnel, assign.

is amended by adding at the end thereof the following: ment to u.s. "(e) Any officer or employee appointed and assigned to a post ^ ^^^ ^^^2abroad pursuant to this title may, in the discretion of the Secretary of Agriculture, be assigned for duty in the continental United States, without regard to the civil service laws (and without reduction in grade if an appropriate position at the employee's grade is not available in any agency of the Department of Agriculture), for a period of not more than three years: Provided, That the total number of such employees assigned for duty in the continental United States under this provision shall not exceed fifteen at any one time: Provided further, That this Act shall not increase the number of persons employed at grade GS-16, GS-17, or GS-18."

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 432 Foreign currencies, release. 68 Stat. 456; 73 Stat. 606.

Employees on loan to s t a t e s; health b e n e f i t s.

68 Stat. 736. 5 USC 209 1 note. 73 Stat. 708. 5 USC 3001 note.

Working capital fund. 57 Stat. 393.

Transfer of funds.

Repeal. 54 Stat. 1019.

PUBLIC LAW 89-107-AUGUST 4, 1965

[79

STAT.

S E C 5. Section 104(a) of the Agricultural Trade Development and Assistance Act of 1954, as amended (7 U.S.C. 1704), is further amended by inserting, after the word '•''Provided,^\ the following: "'That the Secretary of Agricukure may release such amounts of the foreign currencies so set aside as he determines not to be needed, within a reasonable period of time, for such purpose: Provided further,'\ SEC. 6. Section 4 of the Act of August 2, 1956 (ch. 878, 70 Stat. 934; 7 U.S.C. 1884), is hereby amended— (1) by striking the word "insurance" and substituting the word "benefits"; (2) by inserting after "Federal Employees' Group Life Insurance Act of 1954" the words "and the Federal Employees Health Benefits Act of 1959,"; and (3) by inserting after "employees' life insurance fund" the words "or the employees' health benefits fund, as the case may be,". SEC. 7." Section 1 of the Act of July 12, 1943 (5 U.S.C. 542^1), is hereby amended by striking out the word "reimbursed" and inserting in lieu therof the words "credited with advances or reimbursements" and inserting after the word '"'•Provided.^'' the following: "That such advances shall not be available for any period beyond that provided by the Act appropriating the funds: Provided further,''. SEC. 8. Subject to limitations applicable with respect to each appropriation concerned, each appropriation available to the Department of Agriculture may be charged, at any time during a fiscal year, for the benefit of any other appropriation available to the Department, for the purpose of financing the procurement of materials and services, or financing activities or other costs, for which funds are available both in the financing appropriation so charged and in the appropriation so benefited; except that such expenses so financed shall be charged on a final basis, as of a date not later than the close of such fiscal year, to the appropriations so benefited, with appropriate credit to the financing appropriation. SEC. 9. Section 8f or the Agricultural Adjustment Act of 1933, as amended (7 U.S.C. 608f), is hereby repealed. Approved August 4, 1965.

Public Law 89-107 August 4, 1965

AN ACT

[H. R. 5860]

To amend the law relating to the final disposition of the property of the Choctaw Tribe.

Choctaw Indians. Property disposition. 25 USC 355 note.

Be it enacted by the Senate and House of Re2?resentatives of the United States of America in Congress assembled, That the Act of August 25, 1959 (73 Stat. 420), as amended by Act of August 24, 1962 (76 Stat. 405), is amended as follows: The words "six years", which appear twice in section 1(a), once in section 1(d), once in section 11, once in section 12(a), and once in section 12(b), are changed to "nine years." Approved August 4, 1965.

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 79 STAT.]

433

PUBLIC LAW 89-108-AUGUST 5, 1965

Public Law 89-108 AN ACT To make certain provisions in connection with the construction of the Garrison, diversion unit, Missouri River Basin project, by the Secretary of the Interior.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the general plan for the Missouri-Souris unit of the Missouri River Basin project, heretofore authorized in section 9 of the Flood Control Act of December 22, 1944 (58 Stat. 887), as modified by the report of the Secretary of the Interior contained in House Document Numbered 325, Eightysixth Congress, second session, is confirmed and approved under the designation "Garrison diversion unit," and the construction of a development providing for the irrigation of two hundred and fifty thousand acres, municipal and industrial water, fish and wildlife conservation and development, recreation, flood control, and other project purposes shall be prosecuted by the Department of the Interior substantially in accordance with the plans set out in the Bureau of Reclamation report dated November 1962 (revised February 1965) supplemental report to said House Document Numbered 825. SEC. 2. (a) Subject to the provisions of subsections (b), (c), (d), and (e) of this section, the Secretary is authorized in connection with the Garrison diversion unit (i) to construct, operate, and maintain or provide for the construction, operation, and maintenance of public outdoor recreation and fish and wildlife enhancement facilities, (ii) to acquire or otherwise to include within the unit area such adjacent lands or interests in land as are necessary for present or future public recreation or fish and wildlife use, (iii) to allocate water and reservoir capacity to recreation and fish and wildlife enhancement, and (iv) to provide for the public use and enjoyment of unit lands, facilities, and water areas in a manner coordinated with other unit purposes. The Secretary is further authorized to enter into agreements with Federal agencies or State or local public bodies for the operation, maintenance, and replacement of unit facilities, and to transfer unit lands or facilities to Federal agencies or State or local public bodies by lease or exchange, upon such terms and conditions as will best promote the development and operation of such lands or facilities in the public interest for recreation and fish and wildlife enhancement purposes. (b) All costs allocated to fish and wildlife enhancement and incurred in connection with waterfowl refuges and waterfowl production areas proposed for Federal administration shall be nonreimbursable. (c)(1) If, before commencement of construction of the unit, nonFederal public bodies agree to administer for recreation or fish and wildlife enhancement or for both of these purposes pursuant to the plan for the development of the unit approved by the Secretary land and water areas which are not included within Federal waterfowl refuges and waterfowl production areas and to bear not less than one-half the separable costs of the unit allocated to either or both of said purposes, as the case may be, and attributable to such areas and all the costs of operation, maintenance, and replacement incurred in connection therewith, the remainder of the separable capital costs so allocated and attributed shall be nonreimbursable. (2) I n the absence of such a preconstruction agreement recreation and fish and wildlife enhancement facilities (other than minimum facilities for the public health and safety at reservoir access points and facilities related to Federal waterfowl refuges and waterfowl production areas) shall not be provided, and the allocation of unit costs shall reflect only the number of visitor days and the value per visitor

August 5, 1965 [H. R. 237]

Missouri River Basin Project, Garrison diversion unit. Construction provisions.

Recreation, fish and wildlife facilities.

Non-Federal public bodies. Project administration costs,

Allocation of unit costs.

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 434

Non-Federal share of c o s t s.

Provisions for acquisition of lands.

Joint capital costs. Unit c o s t s.

"Nonreimbursable." Integration with pther Federal works.

PUBLIC LAW 89-108-AUGUST 5, 1965

[79

STAT.

day estimated to result from such diminislied recreation development AA'ithout reference to lands which may be provided pursuant to subsection (e) of this section. (d) The non-Federal share of the separable capital costs of the unit allocated to recreation and fish and wildlife enhancement shall be borne by non-Federal interests, under either or both of the following methods as may be determined appropriate by the Secretary: (i) payment, or provision of lands, interests therein, or facilities for the unit; or (ii) repayment, with interest, within fifty years of first use of uriit recreation or fish and wildlife enhancement facilities: Provided, That the source of repayment may be limited to entrance and user fees or charges collected at the unit by non-Federal interests if the fee schedule and the portion of fees dedicated to repayment are established on a basis calculated to achieve repayment as aforesaid and are made subject to review and renegotiation at intervals of not more than five years. (e) Notwithstanding the absence of preconstruction agreements as specified in subsection (c) of this section lands may be acquired in connection with construction of the unit to preserve the recreation and fish and wildlife enhancement potential of the unit. (1) If non-Federal public bodies agree within ten years after initial unit operation to administer for recreation and fish and wildlife enhancement pursuant to the plan for development of the unit approved by the Secretary land and water areas which are not included within Federal waterfowl refuges and waterfowl production areas and to bear not less than one-half the costs of lands acquired therefor pursuant to this subsection and facilities and project modifications provided for those purposes and all costs of operation, maintenance, and replacement incurred therefor, the remainder of the costs of such lands, facilities, and project modifications shall be nonreimbursable. Such agreement and subsequent development shall not be the basis for any allocation of joint costs of the unit to recreation or fish and wildlife enhancement. (2) If, within ten years after initial operation of the unit, there is not an executed agreement as specified in paragraph (1) of this subsection, the Secretary may utilize the lands for any lawful purpose within the jurisdiction of the Department of the Interior, or may transfer custody of the land to another Federal agency for use for any lawful purpose within the jurisdiction of that agency, or may lease the lands to a non-Federal public body, or may transfer the lands to the Administrator of General Services for disposition in accordance with the surplus property laws of the United States, I n no case shall the lands be used or made available for use for any purpose in conflict with the purposes for which the project was constructed, and in every case preference shall be given to uses which will preserve and promote the recreation and fish and wildlife enhancement potential of the project or, in the absence thereof, will not detract from that potential. (f) Subject to the limitations hereinbefore stated, joint capital costs allocated to recreation and fish and wildlife enhancement shall be nonreimbursable. (g) Costs of means and measures to prevent loss of and damage to fish and wildlife shall be treated as unit costs and allocated among all unit purpK)ses. (h) As used in this Act, the term "nonreimbursable" shall not be construed to prohibit the imposition of entrance, admission, and other recreation user fees or charges. SEC. 3. The Garrison diversion unit shall be integrated physically and financially with the other Federal works constructed or authorized

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PUBLIC LAW 89-109-AUGUST 5, 1965

to be constructed under the comprehensive plan approved by section 9 of the Act of December 22, 1944, as amended and supplemented. The 58 Stat. 891. Secretary shall give consideration to returning to the Missouri River to the fullest extent practicable such of the return flows as are not required for beneflcial purposes. SEC. 4. (a) The interest rate used for computing interest during Interest r a t e s. construction and interest on the unpaid balance of the capital costs allocated to interest-bearing features of the Garrison diversion unit as authorized in this Act shall be determined by the Secretary of the Treasury as of the beginning of the fiscal year in which construction is initiated, on the basis of the computed average interest rate payable by the Treasury upon its outstanding marketable public obligations, which are neither due nor callable for redemption for fifteen years from date of issue. (b) From and after July 1, 1965, the interest rate on the unamortized balance of the investment allocated to commercial power in facilities constructed or under construction on June 30, 1965, by the Department of the Army in the Missouri River Basin, the commercial power from which is marketed by the Department of the Interior, and in the transmission and marketing facilities associated therewith, shall be 21/^ per centum per annum. Water SEC. 5. For a period of ten years from the date of enactment of this r e s t r i c t i odelivery, n. Act, no water from the project authorized by this Act shall be delivered to any water user for the production on newly irrigated lands of any basic agricultural commodity, as defined in the Agricultural Act of 63 1051. 194a, or any amendment thereof, if the total supply of such commodity ^ uStat. 1421 se for the marketing year in which the bulk of the crop would normally not. be marketed is in excess of the normal supply as defined in section 301(b) (10) of the Agricultural Adjustment Act of 1938, as amended, 62uStat. 1251. 7 s e 1301. unless the Secretary of Agriculture calls for an increase in production of such commodity in the interest of national security. SEC. 6. There is hereby authorized to be appropriated for construc- Appropriation, tion of the Garrison diversion unit as authorized in this Act, the sum of $207,000,000, plus or minus such amounts, if any, as may be justified by reason of ordinary fluctuations in construction costs as indicated by engineering cost indexes applicable to the types of construction involved herein. There are also authorized to be appropriated such additional sums as may be required for operation and maintenance of the unit. Approved August 5, 1965.

Public Law 89-109 AN ACT To extend and otherwise amend certain expiring provisions of the Public Health Service Act relating to community health services, and for other purposes.

August 5, 1965 [S. 510]

Be it enacted by the Senate and House of Represetttatives of the United States of America in Congress assembled, That this Act may He^a'iTrrvfces be cited as the "Community Health Services Extension Amendments Extension'AmendOf 1965".

'"^"t^ °f 1965. I M M U N I Z A T I O N PROGRAMS

SEC. 2. (a) The first sentence of subsection (a) of section 317 of the Public Health Service Act is amended by striking out "and" before "June 30, 1965" and by inserting "and each of the next three

76 Stat. 1155. 42 USC 247b.

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 436

other infectious diseases.

PUBLIC LAW 89-109-AUGUST 5, 1965

[79 STAT.

fiscal years," immediately after "June 30, 1965,". The second sentence of such subsection is amended by striking out "the fiscal years ending June 30, 1963, and June 30, 1964" and inserting in lieu thereof "any fiscal year ending prior to July 1, 1968". The third sentence of such subsection is amended by striking "and tetanus" and inserting in lieu thereof "tetanus, and measles", and by striking out "under the age of five years" and inserting in lieu thereof of preschool age". (b) Subsection (a) of such section is further amended by adding at the end thereof the following new sentence: "Such grants may also be used to pay similar costs in connection with immunization programs against any other disease of an infectious nature which the Surgeon General finds represents a major public health problem in terms of high mortality, morbidity, disability, or epidemic potential and to be susceptible of practical elimination as a public health problem through immunization with vaccines or other preventiye agents which may become available in the future." (c) Subsection (b) of such section is amended by striking out "of limited duration", by striking out "against poliomyelitis, diphtheria, whooping cough, and tetanus" and inserting in lieu thereof "against the diseases referred to in subsection (a) ", and by striking out "who are under the age of five years" and inserting in lieu thereof "of preschool age". (d)(1) Such section is further amended by striking out "intensive community vaccination" wherever it appears in subsections (a), (b), and (c) and inserting in lieu thereof "immunization". « (2) The heading of such section is amended by striking out "INTENSIVE VACCINATION" and inserting in lieu thereof "IMMUNIZATION". (e) Paragraph (1) of subsection (c) is amended by inserting "on the basis of estimates" after "advance"; by striking out the comma after the word "reimbursement" and inserting in lieu thereof "(with necessary adjustments on account of underpayments or overpayments),". MIGRATORY WORKERS HEALTH SERVICES

42 USC 242h

^^^' ^' (^) Section 310 of the Public Health Service Act is amended by striking out "for the fiscal year ending June 30, 1963, the fiscal year ending June 30, 1964, and the fiscal year ending June 30, 1965, such sums, not to exceed $3,000,000 for any year, as may be necessary" and inserting in lieu thereof "not to exceed $7,000,000 for the fiscal year ending June 30, 1966, $8,000,000 for the fiscal year ending June 30, 1967, and $9,000,000 for the fiscal year ending June 30, 1968".

42 USC 24 ^ ^ 2h

^^) Such section is further amended by inserting "including necessary hospital care, and" immediately after "agricultural migratory workers and their families," in clause (1) (ii) of such section. GENERAL PUBLIC HEALTH SERVICES

75^stat^*824^^' 42 USC 246.

SEC. 4. (a) The first sentence of subsection (c) of section 314 of ^^^^^ -^^^ ^^ amended by striking out "first five fiscal years ending after June 30, 1961" and inserting in lieu thereof "first six fiscal years ending after June 30, 1961". (b) The third sentence of subsection (c) of section 314 of such Act is amended by striking out "$2,500,000" and inserting in lieu thereof "$5,000,000".

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PUBLIC LAW 89-110-AUGUST 6, 1965

437

SPECIAL PROJECT GRANTS FOR COMMUNITY HEALTH SERVICES

SEC. 5. The first sentence of subsection (a) of section 316 of such Act is amended by striking out "first five fiscal years ending after June 30, 1961" and inserting in lieu thereof "first six fiscal years ending after June 30, 1961". Approved August 5, 1965.

75 Stat. 824. 42 USC 247a.

Public Law 89-110 AN ACT To enforce the fifteenth amendment to the Constitution of the United States, and for other purposes.

August 6, 1965 l^^' ^^^'^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act shall A^t°lf"i9^5^'^*^ be known as the "Voting Rights Act of 1965". SEC. 2. No voting qualification or prerequisite to voting, or standard, practice, or procedure shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color. SEC. 3. (a) Whenever the Attorney General institutes a proceeding ^^^5'*'^^^ ^'"^' under any statute to enforce the guarantees of the fifteenth amendment in any State or political subdivision the court shall authorize the appointment of Federal examiners by the United States Civil Service Commission in accordance with section 6 to serve for such period of time and for such political subdivisions as the court shall determine is appropriate to enforce the guarantees of the fifteenth amendment (1) as part of any interlocutory order if the court determines that the appointment of such examiners is necessary to enforce such guarantees or (2) as part of any final judgment if the court finds that violations of the fifteenth amendment justifying equitable relief have occurred in such State or subdivision: Provided, That the court need not authorize the appointment of examiners if any incidents of , denial or abridgement of the right to vote on account of race or color (1) have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future. (b) If in a proceeding instituted by the Attorney General under any statute to enforce the.guarantees of the fifteenth amendment in any State or political subdivision the court finds that a test or device has been used for the purpose or with the effect of denying or abridging the right of any citizen of the United States to vote on account of race or color, it shall suspend the use of tests and devices in such State or political subdivisions as the court shall determine is appropriate and for such period as it deems necessary. (c) If in any proceeding instituted by the Attorney General under any statute to enforce the guarantees of the fifteenth amendment in any State or political subdivision the court finds that violations of the fifteenth amendment justifying equitable relief have occurred within the territory of such State or political subdivision, the court, in addition to such relief as it may grant, ishall retain jurisdiction for such period as it may deem appropriate and during such period no voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect at the time the proceeding was commenced shall be enforced unless and until the court finds that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right to vote on

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Use of t e s t s or d e v i c e s prohibited. Declaratory judgment proceedings.

62 Stat. 968.

P u b l i c a t i o n in Federal Register,

" T e s t or device."

PUBLIC LAW 89-110-AUGUST 6, 1965

[79 STAT.

account of race or color: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate oflEicial of. such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, except that neither the court's finding nor the Attorney General's failure to object shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. SEC. 4. (a) To assure that the right of citizens of the United States to vote is not denied or abridged on account of race or color, no citizen shall be denied the right to vote in any Federal, State, or local election because of his failure to comply with any test or device in any State with respect to which the determinations have been made under subsection (b) or in any political subdivision with respect to which such determinations have been made as a separate unit, unless the United States District Court for the District of Columbia in an action for a declaratory judgment brought by such State or subdivision against the United States has determined that no such test or device has been used during the five years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color: Provided, That no such declaratory judgment shall issue with respect to any plaintiff for a period of five years after the entry of a final judgment of any court of the United States, other than the denial of a declaratory judgment under this section, whether entered prior to or after the enactment of this Act, determining that denials or abridgments of the right to vote on account of race or color through the use of such tests or devices have occurred anywhere in the territory of such plaintiff. An action pursuant to this subsection shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court. The court shall retain jurisdiction of any action pursuant to this subsection for five years after judgment and shall reopen the action upon motion of the Attorney General alleging that a test or device has been used for the purpose or with the effect of denying or abridging the right to vote on account of race or color. If the Attorney General determines that he has no reason to believe that any such test or device has been used during the five years preceding the filing of the action for the purpose or with the effect of denying or abridging the right to vote on account of race or color, he shall consent to the entry of such judgment. (b) The provisions of subsection (a) shall apply in any State or in any political subdivision of a state which (1) the Attorney General determines maintained on November 1, 1964, any test or device, and with respect to which (2) the Director of the Census determines that less than 50 per centum of the persons of voting age residing therein were registered on November 1, 1964, or that less than 50 per centum of such persons voted in the presidential election of November 1964. A determination or certification of the Attorney General or of the Director of the Census under this section or under section 6 or section 13 shall not be reviewable in any court and shall be effective upon publication in the Federal Register. (c) The phrase "test or device" shall mean any requirement that a person as a prerequisite for voting or registration for voting (1) demonstrate the ability to read, write, understand, or interpret any matter, (2) demonstrate any educational achievement or his knowl-

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PUBLIC

LA\V 8 9 - 1 1 0 - A U G U S T

6, 1965

439

eda:e of any particular subject, (3) possess good moral character, or (4) prove his qualifications by the voucher of registered voters or members of any other class. (d) For purposes of this section no State or political subdivision shall be determined to have engaged in the use of tests or devices for the purpose or with the effect of denying or abridging the right to vote on account of race or color if (1) incidents of such use have been few in number and have been promptly and effectively corrected by State or local action, (2) the continuing effect of such incidents has been eliminated, and (3) there is no reasonable probability of their recurrence in the future. (e)(1) Congress hereby declares that to secure the rights under the fourteenth amendment of persons educated in American-flag schools in which the predominant classroom language was other than English, it is necessary to prohibit the States from conditioning the right to vote of such persons on ability to read, write, understand, or interpret any matter in the English language. (2) No person who demonstrates that he has successfully completed the sixth primary grade in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English, shall be denied the right to vote in any Federal, State, or local election because of his inability to read, write, understand, or interpret any matter in the English language, except that in States in which State law provides that a different level of education is presumptive of literacy, he shall demonstrate that he has successfully completed an equivalent level of education in a public school in, or a private school accredited by, any State or territory, the District of Columbia, or the Commonwealth of Puerto Rico in which the predominant classroom language was other than English. SEC. 5. Whenever a State or political subdivision with respect to which the prohibitions set forth in section 4(a) are in effect shall enact or seek to administer any voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to voting different from that in force or effect on November 1, 1964, such State or subdivision may institute an action in the United States District Court for the District of Columbia for a declaratory judgment that such qualification, prerequisite, standard, practice, or procedure does not have the purpose and will not have the effect of denying or abridging the right tx) vote on account of race or color, and unless and until the court enters such judgment no person shall be denied the right to vote for failure to comply with such qualification, prerequisite, standard, practice, or procedure: Provided, That such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such State or subdivision to the Attorney General and the Attorney General has not interposed an objection within sixty days after such submission, except that neither the Attorney General's failure to object nor a declaratory judgment entered under this section shall bar a subsequent action to enjoin enforcement of such qualification, prerequisite, standard, practice, or procedure. iVny action under this section shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court. ^2 Stat. 968. SEC. 6. Whenever (a) a court has authorized the appointment of Appointment of examiners pursuant to the provisions of section 3(a), or (b) unless ^''^'"^"^'•^* a declaratory judgment has been rendered under section 4(a), the

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53 Stat. 1148; 64 Stat. 475.

Duties of examiners.

L i s t of eligible voters.

PUBLIC LAW 89-110-AUGUST 6, 1965

[79

STAT.

Attorney General certifies with respect to any political subdivision named in, or included within the scope of, determinations made under section 4(b) that (1) he has received complaints in writing from twenty or more residents of such political subdivision alleging that they have been denied the right to vote under color of law on account of race or color, and that he believes such complaints to be meritorious, or (2) that in his judgment (considering, among other factors, whether the ratio of nonwhite persons to white persons registered to vote within such subdivision appears to him to be reasonably attributable to violations of the fifteenth amendment or whether substantial evidence exists that bona fide efforts are being m.ade within such subdivision to comply with the fifteenth amendment), the appointment of examiners is otherwise necessary to enforce the guarantees of the fifteenth amendment, the Civil Service Commission shall appoint as many examiners for such subdivision as it may deem appropriate to prepare and maintain lists of persons eligible to vote in Federal, State, and local elections. Such examiners, hearing officers provided for in section 9(a), and other persons deemed necessary by the Commission to carry out the provisions and purposes of this Act shall be appointed, compensated, and separated without regard to the provisions of any statute administered by the Civil Service Commission, and service under this Act shall not be considered employment for the purposes of any statute administered by the Civil Service Commission, except the provisions of section 9 of the Act of August 2, 1939, as amended (5 U.S.C. 118i), prohibiting partisan political activity: Provided, That the Commission is authorized, after consulting the head of the appropriate department or agency, to designate suitable persons in the official service of the United States, with their consent, to serve in these positions. Examiners and hearing officers shall have the power to administer oaths. ISEC. 7. (a) The examiners for each political subdivision shall, at such places as the Civil Service Commission shall by regulation designate, examine applicants concerning their qualifications for voting. An application to an examiner shall be in such form as the Commission may require and shall contain allegations that the applicant is not otherwise registered to vote. (b) Any person whom the examiner finds, in accordance with instructions received under section 9(b), to have the qualifications prescribed by State law not inconsistent with the Constitution and laws of the United States shall promptly be placed on a list of eligible voters. A challenge to such listing may be made in accordance with section 9(a) and shall not be the basis for a prosecution under section 12 of this Act. The examiner shall certify and transmit such list, and any supplements as appropriate, at least once a month, to the offices of the appropriate election officials, with copies to the Attorney General and the attorney general of the Stat©, and any such lists and supplements thereto transmitted during the month shall be available for public inspection on the last business day of the month and in any event not later than the forty-fifth day prior to any election. The appropriate State or local election official shall place such names on the official voting list. Any person whose name appears on the examiner's list shall be entitled and allowed to vote in the election district of his residence unless and until the appropriate election officials shall have been notified that such person has been removed from such list in accordance with subsection (d): Provided, That no person shall be entitled to vote in any election by virtue of this Act

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unless his name shall have been certified and transmitted on such a list to the offices of the appropriate election officials at least forty-five days prior to such election. (c) The examiner shall issue to each person whose name appears on such a list a certificate evidencing his eligibility to vote. (d) A person whose name appears on such a list shall be removed therefrom by an examiner if (1) such person has been successfully challenged in accordance with the procedure prescribed in section 9, or (2) he has been determined by an examiner to have lost his eligibility to vote under State law not inconsistent with the Constitution and the laws of the United States. SEC. 8. Whenever an examiner is serving under this Act in any poli- observers at tical subdivision, the Civil Service Commission may assign, at the request of the Attorney General, one or more persons, who may be officers of the United States, (1) to enter and attend at any place for holding an election in such subdivision for the purpose of observing whether persons who are entitled to vote are being permitted to vote, and (2) to enter and attend at any place for tabulating the votes cast at any election held in such subdivision for the purpose of observing whether votes cast by persons entitled to vote are being properly tabulated. Such persons so assigned shall report to an examiner appointed for such political subdivision, to the Attorney General, and if the appointment of examiners has been authorized pursuant to section 3 (a), to the court. SEC. 9. (a) Any challenge to a listing on an eligibility list pre- i'?^^b^\^r^fstui s pared by an examiner shall be heard and determined by a hearing L^arings.^ officer appointed by and responsible to the Civil Service Commission and under such rules as the Commission shall by regulation prescribe. Such challenge shall be entertained only if filed at such office within the State as the Civil Service Commission shall by regulation designate, and within ten days after the listing of the challenged person is made available for public inspection, and if suported by (1) the affidavits of at least two persons having personal knowledge of the facts constituting grounds for the challenge, and (2) a certification that a copy of the challenge and affidavits have been served by mail or in person upon the person challenged at his place of residence set out in the application. Such challenge shall be determined within fifteen days after it has been filed. A petition for review of the decision of the hearing officer may be filed in the United States court of appeals for the circuit in which the person challenged resides within fifteen days after service of such decision by mail on the person petitioning for review but no decision of a hearing officer shall be reversed unless clearly erroneous. Any person listed shall be entitled and allowed to vote pending final determination by the hearing officer and by the court. (b) The times, places, procedures, and form for application and Procedural listing pursuant to this Act and removals from the eligibility lists '"^8"^®*^^°"®shall be prescribed by regulations promulgated by the Civil Service Commission and the Commission shall, after consultation with the Attorney General, instruct examiners concerning applicable State law not inconsistent with the Constitution and laws of the United States with respect to (1) the qualifications required for listing, and (2) loss of eligibility to vote. (c) Upon the request of the applicant or the challenger or on its subpena power. own motion the Civil Service Commission shall have the power to require by subpena the attendance and testimony of witnesses and the

49-850 0-66—31

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pon tax.

62 Stat. 9 68.

PUBLIC LAW 89-110-AUGUST 6, 1965

[79 STAT.

production of documentary evidence relating to any matter pending before it under the authority of this section. I n case of contumacy or refusal to obey a subpena, any district court of the United States or the United States court of any territory or possession, or the District Court of the United States for the District of Columbia, within the jurisdiction of which said person guilty of contumacy or refusal to obey is found or resides or is domiciled or transacts business, or has appointed an agent for receipt of service of process, upon application by the Attorney General of the United States shall have jurisdiction to issue to such person an order requiring such person to appear before the Commission or a hearing officer, there to produce pertinent, relevant, and nonprivileged documentary evidence if so ordered, or there to give testimony touching the matter under investigation; and any failure to obey such order of the court may be punished by said court as a contempt thereof. gj,^, 20. (a) The Congress finds that the requirement of the payment of a poll tax as a precondition to voting (i) precludes persons of limited means from voting or imposes unreasonable financial hardship upon such persons as a precondition to their exercise of the franchise, (ii) does not bear a reasonable relationship to any legitimate State interest in the conduct of elections, and (iii) in some areas has the purpose or effect of denying persons the right to vote because of race or color. Upon the basis of these findings. Congress declares that the constitutional right of citizens to vote is denied or abridged in some areas by the requirement of the payment of a poll tax as a precondition to voting. (b) In the exercise of the powers of Congress under section 6 of the fourteenth amendment and section 2 of the fifteenth amendment, the Attorney General is authorized and directed to institute forthwith in the name of the United States such actions, including actions against States or political subdivisions, for declaratory judgment or injunctive relief against the enforcement of any requirement of the payment of a poll tax as a precondition to voting, or substitute therefor enacted after November 1, 1964, as will be necessary to implement the declaration of subsection (a) and the purposes of this section. (c) The district courts of the United States shall have jurisdiction of such actions which shall be heard and determined by a court of three judges in accordance with the provisions of section 2284 of title 28 of the United States Code and any appeal shall lie to the Supreme Court. It shall be the duty of the judges designated to hear the case to assign the case for hearing at the earliest practicable date, to participate in the hearing and determination thereof, and to cause the case to be in every way expedited. (d) During the pendency of such actions, and thereafter if the courts, notwithstanding this action by the Congress, should declare the requirement of the payment of a poll tax to be constitutional, no citizen of the United States who is a resident of a State or political subdivision with respect to which determinations have been made under subsection 4(b) and a declaratory judgment has not been entered under subsection 4(a), during the first year he becomes otherwise entitled to vote by reason of registration by State or local officials or listing by an examiner, shall be denied the right to vote

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PUBLIC LAW 89-110-AUGUST 6, 1965

for failure to pay a poll tax if he tenders payment of such tax for the current year to an examiner or to the appropriate State or local official at least forty-five days prior to election, whether or not such tender would be timely or adequate under State law. An examiner shall have authority to accept such payment from any person authorized by this Act to make an application for listing, and shall issue a receipt for such payment. The examiner shall transmit promptly any such poll tax payment to the office of the State or local official authorized to receive such payment under State law, together with the name and address of the applicant. SEC. 11. (a) No person acting under color of law shall fail or refuse to permit any person to vote who is entitled to vote under any provision of this Act or is otherwise qualified to vote, or willfully fail or refuse to tabulate, count, and report such person's vote. (b) No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for voting or attempting to vote, or intimidate, threaten, or coerce, or attempt to intimidate, threaten, or coerce any person for urging or aiding any person to vote or attempt to vote, or intimidate, threaten, or coerce any person for exercising any powers or duties under section 3(a), 6,8,9,10, or 12 (e). (c)Whoever knowingly or willfully gives false information as to his name, address, or period of residence in the voting district for the purpose of establishing his eligibility to register or vote, or conspires with another individual for the purpose of encouraging his false registration to vote or illegal voting, or pays or offers to pay or accepts payment either for registration to vote or for voting shall be fined not more than $10,000 or imprisoned not more than five years, or both: Provided, however, That this provision shall be applicable only to general, special, or primary elections held solely or in part for the purpose of selecting or electing any candidate for the office of President, Vice President, presidential elector, Member of the United States Senate, Member of the United States House of Representatives, or Delegates or Commissioners from the territories or possessions, or Resident Commissioner of the Commonwealth of Puerto Rico. (d) Whoever, in any matter within the jurisdiction of an examiner or hearing officer knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or documeni: knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall be fined not more than $10,000 or imprisoned not more than five years, or both. SEC. 12. (a) Whoever shall deprive or attempt to deprive any person of any right secured by section 2, 3, 4, 5, 7, or 10 or shall violate section 11(a) or (b), shall be fined not more than $5,000, or imprisoned not more than five years, or both. (b) Whoever, within a year following an election in a political subdivision in which an examiner has been appointed (1) destroys, defaces, mutilates, or otherwise alters the marking of a paper ballot which has been cast in such election, or (2) alters any official record of voting in such election tabulated from a voting machine or otherwise, shall be fined not more than $5,000, or imprisoned not more than five years, or both.

Prohibitions.

Penalty.

Applicability.

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Injunctions, etc.

Listing procedures, termination.

PUBLIC LAW 89-110-AUGUST 6, 1965

[79 STAT.

(c) Whoever conspires to violate the provisions of subsection (a) or (b) of this section, or interferes with any right secured by section 2, 3, 4, 6, 7, 10, or 11 (a) or (b) shall be fined not more than $5,000, or imprisoned not more than five years, or both. (d) Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice prohibited by section 2, 3, 4, 5, 7, 10, 11, or subsection (b) of this section, the Attorney General may institute for the United States, or in the name of the United States, an action for preventive relief, including an application for a temporary or permanent injunction, restraining order, or other order, and including an order directed to the State and State or local election officials to require them (1) to permit persons listed under this 'Act to vote and (2) to count such votes. (e) Whenever in any political subdivision in which there are examiners appointed pursuant to this Act any persons allege to such an examiner within forty-ei^ht hours after the closing of the polls that notwithstanding (1) their listing under this Act or registration by an appropriate election official and (2) their eligibility to vote, they have not been permitted to vote in such election, the examiner shall forthwith notify the Attorney General if such allegations in his opinion appear to be well founded. Upon receipt of such notification, the Attorney General may forthwith file with the district court an application for an order providing for the marking, casting, and counting of the ballots of such persons and requiring the inclusion of their votes in the total vote before the results of such election shall be deemed final and any force or effect given thereto. The district court shall hear and determine such matters immediately after the filing of such application. The remedy provided in this subsection shall not preclude any remedy available under State or Federal law. (f) The district courts of the United States shall have jurisdiction of proceedings instituted pursuant to this section and shall exercise the same without regard to whether a person asserting rights under the provisions of this Act shall have exhausted any administrative or other remedies that may be provided by law. SEC. 13. Listing procedures shall be terminated in any political S|Ubdivision of any State (a) with respect to examiners appointed pursuant to clause (b) of section 6 whenever the Attorney General notifies the Civil Service Commission, or whenever the District Court for the District of Columbia determines in an action for declaratory judgment brought by any political subdivision with respect to which the Director of the Census has, determined that more than 50 per centum of the nonwhite persons of voting age residing therein are registered to vote, (1) that all persons listed by an examiner for such subdivision have Ibeen placed on the appropriate voting registration roll, and (2) that there is no longer reasonable cause to believe that persons will be deprived of or denied the right to vote on account of race or color in such subdivision, and (b), with respect to examiners appointed pursuant to section 3(a), upon order of the authorizing court. A political subdivision may petition the Attorney General for the termination of listing procedures under clause (a) of this section, and may petition the Attorney General to request the Director of the Census to take such survey or census as may be appropriate for the making of the determination provided for in this section. The District Court for the District of Columbia shall have jurisdiction to require such

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survey or census to be made by the Director of the Census and it shall require him to do so if it deems the Attorney General's refusal to request such survey or census to be arbitrary or unreasonable. SEC. 14. (a) All cases of criminal contempt arising under the provisions of this Act shall be governed by section 151 of the Civil Eights A c to f 1957 (42 U.S.C. 1995). _ ... (b) No court other than the District Court for the District of Columbia or a court of appeals in any proceeding under section 9 shall have jurisdiction to issue any declaratory judgment pursuant to section 4 or section 5 or any restraining order or temporary or permanent injunction against the execution or enforcement of any provision of this Act or any action of any Federal officer or employee pursuant hereto. (c)(1) The terms "vote" or "voting" shall include all action necessary to make a vote effective in any primary, special, or general election, including, but not limited to, registration, listing pursuant to this Act, or other action required by law prerequisite to voting, casting a ballot, and having such ballot counted properly and included in the appropriate totals of votes cast with respect to candidates for public or party office and propositions for which votes are received in an election. (2) The term "political subdivision" shall mean any county or parish, except that where registration for voting is not conducted under the supervision of a county or parish, the term shall include any other subdivision of a State which conducts registration for voting. (d) In any action for a declaratory judgment brought pursuant to section 4 or section 5 of this Act, subpenas for witnesses who are required to attend the District Court for the District of Columbia may be served in any judicial district of the United States: Provided, That no writ of subpena shall issue for witnesses without the District of Columbia at a greater distance than one hundred miles from the place of holding court without the permission of the District Court for the District of Columbia being first had upon proper application and cause shown. SEC. 15. Section 2004 of the Revised Statutes (42 U.S.C. 1971), as amended by section 131 of the Civil Rights Act of 1957 (71 Stat. 637), and amended by section 601 of the Civil Rights Act of 1960 (74 Stat. 90), and as further amended by section 101 of the Civil Rights Act of 1964 (78 Stat. 241), is further amended as follows: (a) Delete the word "Federal" wherever it appears in subsections (a) and (c); (b) Repeal subsection (f) and designate the present subsections (g) and (h) as (f) and (g), respectively. SEC. 16. The Attorney General and the Secretary of Defense, jointly, shall make a full and complete study to determine whether, under the laws or practices of any State or States, there are preconditions to voting, which might tend to result in discrimination against citizens serving in the Armed Forces of the United States seeking to vote. Such officials shall, jointly, make a report to the Congress not later than June 30, 1966, containing the results of such study, together with a list of any States in which such preconditions exist, and shall include in such report such recommendations for legislation as they deem advisable to prevent discrimination in voting against citizens serving in the Armed Forces of the United States.

tem'^t'^^roceed.' ing^, ^^ ^*^*-"«•

" V o t e " or "voting."

^.*T?^"^,*;^^ ^"^"

subpenas.

Repeal, ^^^^^%^^^^^^' Itud"! "^'^

^^1^°^^ *° ^°"" gress.

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Appropriation.

PUBLIC LAW 89-111-AUGUST 6, 1965

[79

STAT.

SEC. 17. Nothing in this Act shall be construed to deny, impair, or otherwise adversely affect the right to vote of any person registered to vote under the law of any State or political subdivision. g^c. 18. There are hereby authorized to be appropriated such sums as are necessary to carry out the provisions of this Act. SEC. 19. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the remainder of the Act and the application of the provision to other persons not similarly situated or to other circumstances shall not be affected thereby. Approved August 6, 1965. Public Law 89-111

August 6, 1965 [H. R. 903]

Kings Canyon National P a r k, Calif. Addition of lands.

AN ACT To add certain lands to the Kings Canyon National Park in the State of California, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That all lands in Tehipite Valley within the Sierra National Forest lying north of a line described as follows: Beginning at a point on the existing west boundary of the Kings Canyon National Park on the hydrographic divide on the southwest side of the Gorge of Despair in section 13, township 12 south, range 29 east, Mount Diablo base and meridian, being the crest of a ridge designated as Silver Spur; thence following the crest of Silver Spur westerly to the intersection with the west line of section 14, township 12 south, range 29 east; thence northwesterly in a straight line across the middle fork of the Kings River to the point of intersection of the right bank of a stream or intermittent, stream and the 4,400-foot contour north of Tombstone Ridge, in section 15, township 12 south, range 29 east, being a point on the existing west boundary of the park; and all lands in the Cedar Grove area of the Sequoia National Forest lying east of the west section lines of sections 11 and 14, township 13 south, range 30 east, Mount Diablo base and meridian, are hereby excluded from the said national forests and made a part of the Kings Canyon National Park, subject to all the laws and regulations applicable to such park. Approved August 6, 1965.

Public Law 89-112 August 6, 1965 [H. R. 8620]

Feed grains, cotton, wheat programs, 1965. F l o o d s, other natural d i s a s t e r s. 77 Stat. 44. 7 USC 1441 note.

AN ACT To amend the Agricultural Act of 1949 and the Agricultural Adjustment Act of 1938, to take into consideration floods and other natural disasters in reference to the feed grains, cotton, and wheat programs for 1965.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 105(d) of the Agricultural Act of 1949, as amended, is amended by adding at the end thereof the following: "An acreage on the farm which the Secretary finds was not planted to feed grains in 1965 because of flood, drought, or other natural disaster shall be deemed by the Secretary to be an actual acreage of feed grains planted on the farm for harvest for purposes of this sub-

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section, provided such acreage is not subsequently devoted to any price supported crop for 1965." SEC. 2. Section 103(b) of the Agricultural Act of 1949, as amended, I^^^C'IUA' is amended by adding at the end thereof the following: "For purposes of this subsection, an acreage on the farm which the Secretary finds was not planted to cotton in 1965 because of flood, drought, or other natural disaster shall be deemed by the Secretary to be an actual acreage of cotton planted on the farm for harvest, provided such acreage is not subsequently devoted to any price supported crop for 1965". SEC. 3. Section 379c(a) of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the, ^1^!^*:„^^^' „ n '

.

'

J

fe

lollowing: "An acreage on the farm which the Secretary finds was not planted to wheat for harvest in 1965 because of drought, flood, or other natural disaster shall be deemed by the Secretary to be an actual acreage of wheat planted for harvest for purposes of this subsection, provided such acreage is not subsequently planted to any other price supported crop for 1965." Approved August 6, 1965.

78 Stat. 180.

7 USC 1379c.

Public Law 89-113 AN ACT To amend section 501(e) of title 16 of the District of Columbia Code relating to bond requirements in connection with attachment before judgment.

August 6, 1965 ^^- ^^^^^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 501(e) District of of title 16 of the District of Columbia Code is amended by inserting, ^ Attachment be. immediately before the period at the end thereof, a semicolon and the fore judgment, following: "except that in any case in which the plaintiff states in ^en'ts'!^"^*' his affidavit that the value of specified property to be levied upon is 77 Stat. 543. less than the amount of his claim, the court may set the amount of such bond in an amount twice the value of the property being attached, and, notwithstanding the provisions of subsection (f) of this section, only the property so specified shall be levied upon: Pro- Appraisal. vided^ That the United States marshal may, in his discretion, when levying upon such property, have the same appraised by an independent appraiser retamed by the marshal at the expense of the f)laintiff. Any.such appraisal shall be made at the time the marshal evies upon the property, and the appraiser shall accompany him for such purpose. If such appraisal has been made, then only such property as may have a value not exceeding one-half of the amount of the bond shall be attached. In the event the appraised value of the property shall be more than one-half of the amount of the bond, the marshal may refuse to execute the writ unless and until the amount of the bond is increased so as to be at least twice the value of the property to be attached". Approved August 6, 1965.

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PUBLIC LAW 89-114-AUGUST 6, 1965

[79 STAT.

Public Law 89-114 August 6, 1965 [H. R. 6622]

Postal Field Service. P e r s o n n e l inc r e a s e s, exemption. 65 Stat. 757; 76 Stat. 858.

Nonapplic ability.

AN ACT To exempt the postal field service from section 1310 of the Supplemental Appropriation Act, 1952.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 1310(a) of the Supplemental Appropriation Act, 1952, as amended (5 U.S.C. 43, note), is amended by striking out "That increases in the number,of permanent personnel in the Postal Field Service not exceeding 10 per centum above the total number of its permanent employees on September 1, 1950, shall not be chargeable to this limitation: And provided further,^\ (b) Section 1310 of such Act, as amended (5 U.S.C. 43, note), is amended hj adding at the end thereof the following subsection: "(f) This section shall not apply to the postal field service of the Post Office Department.". Approved August 6, 1965.

Public Law 89-115 August 9, 1965 [H. R. 2984]

AN ACT rj,Q amend the Public Health Service Act provisions for construction of health research facilities by extending the expiration date thereof and providing increased support for the program, to authorize additional Assistant Secretaries in the Department of Health, Education, and Welfare, and for other purposes.

Be it enacted by the Senate and House of Representatives of the Health Research United States of America in Congress assembled. That this Act may Facilities Amend- be cited as the "Health ^ - _ _ i ^ _ _ Research _^._.. Amendments of 1965". _ Facilities J ... •' .ments of 1965. H E A L T H RESEARCH F A C I L I T I E S CONSTRUCTION 70 Stat. 718; 75 Stat. 827. 42 USC 292c.

- 76 Stat. 1074. 42 USC 292d.

SEC. 2. (a) Section 704 of the Public Health Service Act (hereinafter referred to as the "Act") is amended by inserting after "$50,000,000," the following: "and for the fiscal year ending June 30, 1967, and the two succeeding fiscal years, an aggregate of not to exceed $280,000,000,". (b) Subsection (a) of section 705 of the Act is amended by striking out "June 30, 1965" and inserting in lieu thereof "June 30, 1968". CONTRACT

58 Stat. 692; 70 Stat. 490. 42 USC 2 4 1.

70A Stat. 134.

GRANTS

AUTHORITY

SEC. 3. Section 301 of the Act is amended by striking out "and" at the end of subsection (g), by redesignating subsection (h) as subsection (i), and by inserting immediately before such subsection the following new subsection: " (h) Enter into contracts during the fiscal year ending June 30, 1966, and each of the two succeeding fiscal years, including contracts for research in accordance with and subject to the provisions of law applicable to contracts entered into by the military departments under title 10, United States Code, sections 2353 and 2354, except that determination, approval, and certification required thereby shall be by the Secretary of Health, Education, and Welfare; and".

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ADDITIONAL ASSISTANT SECRETARIES OF HEALTH, EDUCATION, AND WELFARE

SEC. 4. (a) There shall be in the Department of Health, Education, p.t^fdiS!"^"* ^^ and Welfare, in addition to the Assistant Secretaries now provided for by law, three additional Assistant Secretaries of Health, Education, and Welfare, who shall be appointed by the President, by and with the advice and consent of the Senate. The provisions of section 5u 2 of the Reorganization Plan Numbered 1 of 1953 (67 Stat. 631) shall note. s e 133Z-15 be applicable to such additional Assistant Secretaries to the same extent as they are applicable to the Assistant Secretaries authorized by that section. Office (b) The office of Special Assistant to the Secretary (Health and ished. abolMedical Affairs), created by section 3 of the Reorganization Plan 78 Stat. 428. Numbered 1 of 1953 (67 Stat. 631), is hereby abolished. (c) Paragraph (17) of section 303(d) of the Federal Executive Salary Act of 1964 (78 Stat. 418) is amended by striking out " (2) " ^ use 2211. before the period at the end thereof and inserting in lieu thereof " (5) "; and paragraph (95) of section 303(e) of such Act is repealed, ^^p^^i(d) The President may authorize the person who immediately g"*^'^'" ^PP°^"* prior to the date of enactment of this Act occupies the office of Special Assistant to the Secretary (Health and Medical Affairs) to act as one of the additional Assistant Secretaries authorized by subsection (a) of this section, until that office is filled by appointment in the manner provided by such section. While so acting, such person shall receive compensation at the rate now or hereafter provided by law for Assistant Secretaries of executive departments. Approved August 9, 1965.

Public Law 89-116 AN ACT To establish a five-day workweek for postmasters, and for other purposes.

August 9, 1965 [H. R. 1771]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section Postmasters. 5-day work week. 3541 (d) of title 39, United States Code, is amended by— 74"stat""644" (1) striking out "postmasters" in paragraph (3) and inserting in lieu thereof "postmasters in fourth-class post offices"; and (2) adding immediately following paragraph (5) the following new paragraph: "(6) To compute the daily rate of basic compensation for postmasters (other than postmasters in fourth-class post offices), the annual rate of compensation shall be divided by 260." (b) Chapter 45 of title 39, United States Code, is amended by insert- 78'stat^*403^^' ing immediately after section 3576 thereof the following new section: 39 USC 35*01 et "§ 3577. Workweek of postmasters in post offices of the first, sec- seq. ond, and third classes " (a) The Postmaster General shall schedule postmasters in post offices of the first, second, and third classes to work a five-day week. "(b) Subsection (a) of this section shall not be held or considered to permit the closing of any post office on any weekday, Monday through Saturday, inclusive.".

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PUBLIC LAW 89-116-AUGUST 9, 1965

[79 STAT.

(c) The table of contents of chapter 45 of title 39, United States Code, is amended by inserting "3577. Workweek of postmasters in post offices of the first, second, and third classes."

immediately below "3576. Holiday service of rural carriers and employees assigned to road duty.".

78 Stat. 407.

78 Stat. 408.

SEC. 2. Section 3544(b) of title 39, United States Code, is amended by striking out "fiscal year" and inserting in lieu thereof "calendar year". SEC. 3. (a) The first section of this Act shall become effective at the beginning of the first pay period which begins on or after January 1, 1966. (b) Section 2 of this Act shall become effective at the beginning of the first pay period which begins on or after the date of enactment of this Act. (c) If the basic salary of a postmaster in a fourth-class post office was adjusted at the beginning of the first pay period which began after January 1, 1965, in accordance with the third sentence of section 3544(b) of title 39, United States Code, prior to the amendment by section 2 of this Act, and if he held such position, on the effective date of section 2 of this Act, his rate of basic compensation shall be adjusted as of such effective date, to that rate of basic compensation to which he would have been entitled if the amendment made by section 2 had been in effect on the date of such adjustment. Any increase in compensation under this subsection shall not be deemed to be an equivalent increase in basic compensation within the meaning of section 3552 of title 39, United States Code. _ Approved August 9, 1965.

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PUBLIC LAW 89-117-AUGUST10, 1965

451

Public Law 89-117 AN ACT To assist in the provision of housing for low- and modera'te-income families, to promote orderly urban development, to improve living environment in urban areas, and to extend and amend laws relating to housing, urban renewal, and community facilities.

August 10, 1965 [H. R. 7984]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may urt)an^D"e^vi»r'^ be cited as the "Housing and Urban Development Act of 1965". men^"Act^ of "ges. TITLE I—SPECIAL PROVISIONS FOR DISADVANTAGED PERSONS FINANCIAL ASSISTANCE TO ENABLE CERTAIN PRIVATE HOUSING TO BE AVAILABLE FOR LOWER INCOME FAMILIES WHO ARE ELDERLY, HANDICAPPED, DISPLACED, VICTIMS OF A NATURAL DISASTER, OR OCCUPANTS OF SUBSTANDARD HOUSING

SEC. 101. (a) The Housing and Home Finance Administrator (hereinafter referred to as the "Administrator") is authorized to make, and contract to make, annual payments to a "housing owner" on behalf of "qualified tenants", as those terms are defined herein, in such amounts and under such circumstances as are prescribed in or pursuant to this section. I n no case shall a contract provide for such payments with respect to any housing for a period exceeding forty years. The aggregate amount of the contracts to make such payments shall not exceed amounts approved in appropriation Acts, and payments pursuant to such contracts shall not exceed $30,000,000 per annum prior to July 1, 1966, which maximum dollar amount shall be increased by $35,000,000 on July 1, 19^6, by $40,000,000 on July 1, 1967, and by $45,000,000 on July 1, 1968. (b) As used in this section, the term "housing owner" means a pri- "Housing vate nonprofit corporation or other private nonprofit legal entit;;^, a °'^"^'"' limited dividend corporation or other limited dividend legal entity, or a cooperative housing corporation, which is a mortgagor under section 221(d)(3) of the National Housing Act and which, after the Jj u?c vil'si. enactment of this section, has been approved for mortgage insurance thereunder and has been approved for receiving the benefits of this section: Provided, That, except as provided in subsection (j), no payments under this section may be made with respect to any property financed with a mortgage receiving the benefits of the interest rate provided for in the proviso in section 221(d)(5) of that Act. ^°^^' P- '*54. Subject to the limitations provided in subsection (j), the term "housing owner" also has the meaning prescribed in such subsection. (c) As used in this section, the term "qualified tenant" means any ^^^^^W^^^'"^ individual or family who has, pursuant to criteria and procedures established by the Administrator, been determined— (1) to have an income below the maximum amount which can be established in the area, pursuant to the limitations prescribed in sections 2(2) and 15(7)(b) (ii) of the L"''nited States Housing Act of 1937, for occupancy in public housing dwellings; and 63°star tri' (2) to be one of the following— 42 USC HIS (A) displaced by governmental action; (B) sixty-two years of age or older (or, in the case of a family to have a head who is, or whose spouse is, sixty-two years of age or o v e r);

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Page:United States Statutes at Large Volume 79.djvu/492

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PUBLIC LAW 89-117-AUGUST 10, 1965

'

[79 STAT.

(C) physically handicapped (or, in the case of a family, to have a head who is, or whose spouse is, physically handicapped); (D) occupying substandard housing; or (E) an occupant or former occupant of a dwelling which is (or was) situated in an area determined by the Small Business Administration, subsequent to April 1, 1965, to have been affected by a natural disaster, and which has been extensively damaged or destroyed as the result of such disaster. The terms "qualified tenant" and "tenant" include a member of a cooperative who satisfies the foregoing requirements and who, upon resale of his membership to the cooperative, will not be reimbursed for any equity increment accumulated through payments under this section. With respect to members of a cooperative, the terms "rental" and "rental charges" mean the charges under the occupancy agreements between such members and the cooperative. (d) The amount of the annual payment with respect to any dwelling unit shall not exceed the amount by which the fair market rental for such unit exceeds one-fourth of the tenant's income as determined by the Administrator pursuant to procedures and regulations established by him. (e)(1) For purposes of carrying out the provisions of this section, the Administrator shall establish criteria and procedures for determining the eligibility of occupants and rental charges, including criteria and procedures with respect to periodic review of tenant incomes and periodic adjustment of rental charges. The Administrator shall issue, upon the request of a housing owner, certificates as to the following facts concerning the individuals and families applying for admission to, or residing in, dwellings of such owner: (A) the income of the individual or family; and (B) whether the individual or family was displaced by governmental action, is elderly, is physically handicapped, or is (or was) occupying substandard housing or housing extensively damaged or destroyed as the result of a natural disaster. (2) Procedures adopted by the Administrator hereunder shall provide for recertifications of the incomes of occupants, except the elderly, at intervals of two years (or at shorter intervals in cases where the Administrator may deem it desirable) for the purpose of adjusting rental charges and annual payments on the basis of occupants' incomes, but in no event shall rental charges adjusted under this section for any dwelling exceed the fair market rental of the dwelling. (3) The Administrator may enter into agreements, or authorize housing owners to enter into agreements, with public or private agencies for services required in the selection of qualified tenants, including those who may be approved, on the basis of the prc^bability of future increases in their incomes, as lessees under an option to purchase (which will give such approved qualified tenants an exclusive right to purchase at a price established or determined as provided in the option) dwellings, and in the establishment of rentals. The Administrator is authorized (without limiting his authority under any other provision of law) to delegate to any such public or private agency his authority to issue certificates pursuant to this subsection. (4) No payments under this section may be made with respect to any property tor which the costs of operation (including wages and salaries) are determined by the Administrator to be greater than similar costs of operation of similar housing in the community where the property is situated.

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Page:United States Statutes at Large Volume 79.djvu/493

 79

STAT.]

PUBLIC LAW 89-117-AUGUST10, 1965

(f^ Section 101(c) of the Housing Act of 1949 is amended by inserting '^(i)" after "a mortgage under" m the first proviso and by inserting immediately before the colon at the end of such proviso the following: ", or (ii) section 221(d)(3) of the National Housing Act if payments with respect to the mortgaged property are made or are to be made under section 101 of the Housing and Urban Development Act of 1965, except that no such mortgage shall be insured, and no commitment to insure such a mortgage shall be issued, with respect to property in any community for which a workable program for community improvement was required and in effect at the time a contract for a loan or capital grant was entered into under this title, or a contract for annual contributions or capital grants was entered into pursuant to the United States Housing Act of 1937, unless there is a workable program for community improvement which meets the requirements oi this subsection in effect in such community at the time of such insurance or commitment". (g) The Administrator is authorized to make such rules and regulations, to enter into such agreements, and to adopt such procedures as he may deem necessary or desirable to carry out the provisions of this section. Nothing contained in this section shall affect the authority of (1) the Federal Housing Commissioner with respect to any housing assisted under this section and under sections 221(d)(3) and 231 (c)(3) of the National Housing Act, or (2) the Housing and Home Finance Administrator with respect to any housing assisted under this section and under section 202 of the Housing Act of 1959, including the authority to prescribe occupancy requirements under other provisions of law or to determine the portion of any such housing which may be occupied by qualified tenants. (h) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this section, including, but not limited to, such sums as may be necessary to make annual payments as prescribed in this section, pay for services provided under (or pursuant to agreements entered into under) subsection (e), and provide administrative expenses. (i) Section 114(c)(2) of the Housing Act of 1949 is amended by inserting before the colon at the end of the first proviso the following: ", or a dwelling unit assisted under section 101 of the Housing and Urban Development Act of 1965". (j)(1) For the purpose of assisting housing under this section on an experimental basis, subject to the limitations of this subsection, the term "housing owner" (in addition to the meaning prescribed in subsection (b)) includes— (A) a private nonprofit corporation or other private nonprofit legal entity, a limited dividend corporation or other limited dividend legal entity, or a cooperative housing corporation, which is a mortgagor under a mortgage which receives the benefits of the interest rate provided for in the proviso in section 221(d)(5) of the National Housing Act and which, after the date of the enactment of this Act, has been approved for mortgage insurance under section 221(d)(3) of the National Housing Act and has been approved for receiving the benefits of this section; (B) a private nonprofit corporation or other private nonprofit legal entity which is a mortgagor under a mortgage insured under section 23i(c)(3) of the National Housing Act and which, after the date of the enactment of this Act, has obtained final endorsement of such mortgage for mortgage insurance and has been approved for receiving the benefits of this section; and

453 68 Stat. 623. 42 USC 1451.

H ^g^ 888 42 USC 1430.

^o^l^^^^*" i | ° ' 12 USC n'lsi, i7i5v. H ^^c fy^o^iq,

^ ^^'^ ^ss.

^o^f- p- 454.

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Page:United States Statutes at Large Volume 79.djvu/494

 454

73 Stat. 667. 12 USC 170 Iq. . „ Txor..,„, _

PUBLIC LAW 89-117-AUGUST10, 1965

[79 STAT.

(C) a private nonprofit corporation, a public body or agency, or a cooperative housing corpK)ration, which is a borrower under SBction 202 of the Housing Act of 1959 and has been approved for receiving the benefits of this section: Provided, That, with respect to properties financed with loans under such section made on or before the date of the enactment of this Act, payments shall not be made with respect to more than 20 per centum of the dwelling units in any property so financed. (2) Of the amounts approved in appropriation Acts pursuant to subsection (a) for payments under this section in any year, not more than 5 per centum in the aggregate shall be paid with respect to properties of housing owners as defined in paragraph (1)(A) of this subsection, and not more than 5 per centum in the aggregate shall be paid with respect to properties of housing owners as defined in paragraphs (1)(B) and (1)(C) of this subsection. EXTENSION OP FHA SECTION 2 21 PROGRAMS; MODIFICATION OF INTEREST R A T E; POOLING OF MORTGAGES FOR SALE

SEC. 102. (a) The fifth sentence of section 221(f) of the National 78 Stat, 779. Housing Act is amended by striking out "subsection (d)(2) or (d)(4) 12 USC 1715i. after September 30, 1965, or under subsection (d)(3) after September 30, 1965," and inserting in lieu thereof "this section after October 1, 1969,". 75 Stat. 152. (^\y^ ^\^Q pToviso in section 221(d)(5) of such Act is amended by striking out "not less than the annual rate of interest determined" and inserting in lieu thereof "not less than the lower of (A) 3 per centum per annum, or (B) the annual rate of interest determined". 73 Stat. 661; (Q\ The third sentence of section 212(a) of such Act is amended by 12 USC 1715c. striking out "described in subsection (d)(3) " and all that follows and inserting in lieu thereof "described in subsection (d)(3) or (d)(4)." 78 Stat. 800^ (d) Section 302(c) of such Act is amended by inserting before the 12 uTer 1717. sQ- " ,o T last sentence thereof the following: "If there shall be included within one or more of the trusts or other agencies created pursuant to the authority of this subsection any mortgages bearing a below-market interest rate and insured under section 221(d)(3) after the date of the enactment of the Housing and Urban Development Act of 1965, there are authorized to be appropriated from time to time such amounts as may be necessary to reimburse the Association for the amount of the differential (including interest, other costs, and a fair proportion of administrative expense) between (1) the total outlay with respect to outstanding participations or other instruments which, at the time of issuance, were predicated upon or otherwise related to such below-market interest rate mortgages, and (2) the total receipts from such'mortgages."

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Page:United States Statutes at Large Volume 79.djvu/495

 79

STAT.]

PUBLIC LAW 89-1 1 7 - A U G U S T 10, 1965

455

LOW-RENT HOUSING I N PRIVATE ACCOMMODATIONS

SEC. 103. (a) The United States Housing Act of 1937 is amended by redesignating section 23 as section 24, and by adding after section 22 the following new section:

J^i^^^^i^' 42 USC:1422.

" L O W - R E N T H O U S I N G I N PRIVATE ACCOMMODATIONS

"SEC. 23. (a)(1) For the purpose of providing a supplementary form of low-rent housing which will aid in assuring a decent place to live for every citizen and promote efficiency and economy in the program under this Act by taking fuil advantage of vacancies or potential vacancies in the private housing market, each public housing agency shall, to the maximum extent consistent with the achievement of the objectives of this Act, provide low-rent housing under this Act in the form of low-rent housing in private accommodations in accordance with this section where such housing in private accommodations can be provided at a cost equal to or less than housing in projects assisted under other provisions of this Act. "(2) The provisions of this section shall not apply to any locality unless the governing body of the locality has by resolution approved the application of such provisions to such locality. "(3) As used in this section, the term 'low-rent housing in private accommodations' means dwelling units in an existing structure, leased from a private owner, which provide decent, safe, and sanitary dwelling accommodations and related facilities effectively supplementing the accommodations and facilities in low-rent housing assisted under the other provisions of this Act in a manner calculated to meet the total housing needs of the community in which they are located; and the term 'owner' means any person or entity having the legal ri^ht to lease or sublease property containing one or more dwelling units as described in this section. " (b) Beginning as soon as practicable after the date of the enactment of this section, each public housing agency shall conduct a continuing survey and listing of the available dwelling units within the community or communities under its jurisdiction which provide decent, safe, and sanitary dwelling accommodations and related facilities and are, or may be made, suitable for use as low-rent housing in private accommodations under this section. "(c) Each public housing agency, by notification to the owners of housing listed under subsection (b), or by publication or advertisement, or otherwise, shall from time to time make known to the public in the community or communities under its jurisdiction the anticipated need for dwelling units in such community or communities to be used as low-rent housing in private accommodations under this section, inviting the owners of such dwelling units to make available for purposes of this section one or more of such units (not exceeding 10 per centum of the units in any single structure except to the extent that the agency, because of the limited number of units in the structure or for any other reason, determines that such limit should not be applied). The public housing agency shall conduct appropriate inspections of the units offered to be made available in any residential structure by the owner thereof in response to such invitation, and if— "(1) it finds that such units are, or may be made, suitable for use as low-rent housing in private accommodations within the meaning of subsection (a)(3), and "(2) the rentals to be charged for such units, as negotiated and agreed to by the agency and the owner of the structure in a manner consistent with subsection (d)(2), are within the financial range of families of low income,

Definitions.

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The Encyclopedia Americana (1920)/Möllhausen, Baldwin

MÖLLHAUSEN, mėl'how'zĕn, Baldwin, German traveler and novelist: b. Bonn, 27 Jan. 1825; d. Berlin, 28 May 1905. He studied agriculture in Pommerania, then went (1850) to North America, joining (1851) Duke Paul of Würtemberg and his party in the Rocky Mountains. He was wounded by Indians but, after five months, navigated the Mississippi to New Orleans. He became topographer and draughtsman, at the instigation of Alexander von Humboldt, for an American scientific expedition to the Far West, returning (1854), via San Francisco and the Isthmus of Panama, to Germany, where he was appointed custodian of libraries in Potsdam. He made another trip (1857-58) to North America exploring central Colorado. He wrote ‘Tagebuch einer Reise vom Mississippi nach den Küsten der Südsee’ (Leipzig 1858) and ‘Reisen in die Felsengebirge Nordamerikas’ (ib. 1861). Of his novels most relate to adventure in America. Noteworthy are ‘Die Halbindianer’ (1861); ‘Der Flüchtling’ (1862); ‘Der Mayordomo’ (1863); ‘Das Mormonenmädchen’ (1864; 3d ed., 1871); ‘Reliquien’ (1865); ‘Die bieden Jachten’ (1891); ‘Der Spion’ (1893); ‘Das Fegefeuer in Frappes Wigwam’ (1900), etc. A collection of his works was published (1906-13), under title of ‘Illustrierte Romane, Reisen und Abenteuer.’


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Page:United States Statutes at Large Volume 79.djvu/496

 456

75 Stat. 163. 42 USC 1410.

68 Stat. 631; ^\2 USC'^i4'io, 1415.

PUBLIC LAW 89-117-AUGUST10, 1965

[79 STAT.

such agency may approve such units for use as low-rent housing in private accommodations in accordance with (and subject to the applicable limitations contained in) this section. Each public housing agency shall maintain and keep current a list of units approved by it under this subsection, including such information with respect to each such unit as it may consider necessary or appropriate. " (d) To the extent of contracts for annual contributions entered into by the Authority with a public housing agency under section 10(e), such agency may enter into contracts with the owners of structures containing dwelling units approved under subsection (c) for the use of such units in accordance with this section. Each such contract with an owner shall provide (with respect to any unit) that— " (1) the selection of tenants for such unit shall be the function of the owner, subject to the provisions of the contract between the Authority and the agency; "(2) the rental and other charges to be received by the owner shall be negotiated and agreed to by the agency and the owner, and the rental and other charges to be paid by the tenant shall be determined in accordance with the standards applicable to units in low-rent housing projects assisted under the other provisions of this Act; "(3) the agency shall have the sole right to give notice to vacate, with the owner having the right to make representations to the agency for termination of a tenancy; "(4) maintenance and replacements (including redecoration) shall be in accordance with the standard practice for the building concerned, as established by the owner and agreed to by the agency; and "(5) the agency and the owner shall carry out such other appropriate terms and conditions as may be mutually agreed to by them. Each contract between a public housing agency and an owner entered into under this subsection shall be for a term of not less than twelve months nor more than thirty-six months, and shall be renewable by such agency and owner at the expiration of such term. "(e) The annual contribution under this Act for a project of a public housing agency for low-rent housing in private accommodations under this section in lieu of any other guaranteed contribution authorized by section 10 shall not exceed the amount of the fixed annual contribution which would be established under this Act for a newly constructed project by such public housing agency designed to accommodate the comparable number, sizes, and kinds of families. The period over which payments will be made to a public housing agency for a project of low-rent housing in private accommodations under this section, and the aggregate amount of such payments, under a contract for annual contributions, shall be determined on the basis of the number of units in the community or communities under the jurisdiction of such agency which are in use (or can reasonably be expected to be placed in use) as low-rent housing in private accommodations under this section, taking into account the terms of the leases under which such units are (or will be) so used. In addition, contracts for financial assistance entered into by the Authority with a public housing agency pursuant to this section shall provide for reimbursement of reasonable an^l necessary expenses incurred by such agency in conducting surveys, listings, and inspections described in subsections (b) and (c). '< (f) The provisions of sections 10(h) and 15 (7) of this Act, and the workable program requirement in section 10(e) of this Act and section

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Page:United States Statutes at Large Volume 79.djvu/497

 79

STAT.]

PUBLIC LAW 8 9 - 1 1 7 - A U G U S T 10, 1965

457

101(c) of the Housing Act of 1949, shall not apply to low-rent housing in private accommodations provided under this section." (b) The last sentence of section 2(1) of such Act is amended by striking out "Income limits for occupancy and rents" and inserting in lieu thereof "Except as otherwise provided in section 23, income limits for occupancy and rents". PARITY o r TREATMENT

FOR THE H A N D I C A P P E D

A N D ELDERLY I N

^"'*' P- ^^S. 73 Stat. 680. 42 USC 1402.

PUBLIC

HOUSING

SEC. 104. Section 2(2) of the United States Housing Act of 1937 is ^s Stat. 794. amended to read as follows: "(2) The term 'families of low income' means families (including elderly and displaced families) who are in the lowest income group and who cannot afford to pay enough to cause private enterprise in their locality or metropolitan area to build an adequate supply of decent, safe, and sanitary dwellings for their use. The term 'families' includes families consisting of a single person in the case of elderly families and displaced families, and includes the remaining member of a tenant family. The term 'elderly families' means families whose heads (or their spouses), or whose sole members, have attained the age at which an individual may elect to receive an old-age benefit under title II of the Social Security Act, or are under a disability as defined in 7o'*stat^*8it^^' section 223 of that Act, or are handicapped within the meaning of sec- 42 USC 401tion 202 of the Housing Act of 1959. The term 'displaced families' "^^s. means families displaced by urban renewal or other governmental action, or families whose present or former dwellings are situated in areas determined by the Small Business Administration, subsequent to April 1, 1965, to have been affected by a natural disaster, and which have been extensively damaged or destroyed as the result of such disaster." DIRECT LOANS TO PROVIDE H O U S I N G

FOR THE ELDERLY OR

HANDICAPPED

SEC. 105. (a) Section 202(a)(4) of the Housing Act of 1959 is amended by striking out "$350,000,000" and inserting in lieu thereof "$500,000,000". (b) Effective with respect to loans made on or after the date of the enactment of this Act, section 202(a)(3) of such Act is amended by striking out "the higher of (A) 2 % per centum per annum, or" and inserting in lieu thereof "the lower of (A) 3 per centum per annum, or".

78 Stat. 783. ^^ "^^ ^'° ^3 Stat. 667.

R E H A B I L I T A T I O N G P ^ N T S TO H O M E O W N E R S I N U R B A N R E N E W A L AREAS

SEC. 106. (a) Title I of the Housing Act of 1949 is amended by ^ ^^^- ^^^^^ adding at the end thereof the following new section: i465. " R E H A B I L I T A T I O N GRANTS

"SEC. 115. (a) Notwithstanding any other provision of this title, the Administrator may authorize a local public agency to make grants (and the urban renewal project may include the making of such grants) as prescribed in this section. Any such grant may be made only to an individual or family, as described in subsection (b), who owns and occupies a structure in an urban renewal area, and only for the purpose of covering the cost of repairs and improvements necessary to make such structure conform to public standards for decent, safe, and sanitary housing as required by applicable codes or other requirements of the urban renewal plan for the area. Any contract for financial assistance under this title shall provide that the capital grant 49-850 0-66—32

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