of planning, coordinating, and conducting such cooperative research. (Pub. L. 88-379, title I, § 103, July 17, 1964, 78 Stat. 330.) § 1961a-4. Powers and duties of Secretary of Interior; administration; rules and regulations; other responsibilities; reports to Congress. The Secretary of the Interior is hereby charged with the responsibility for the proper administration of this chapter and, after full consultation with other interested Federal agencies, shall prescribe such rules and regulations as may be necessary to carry out its provisions. He shall require a showing that institutes designated to receive funds have, or may reasonably be expected to have, the capability of doing effective work. He shall furnish such advice and assistance as will best promote the purposes of this chapter, participate in coordinating research initiated under this chapter by the institutes, indicate to them such lines of inquiry as to him seem most important, and encourage and assist in the establishment and maintenance of cooperation by and between the institutes and between them and other research organizations, the United States Department of the Interior, and other Federal establishments. On or before the 1st day of July in each year after July 17, 1964, the Secretary shall ascertain whether the requirements of section 1961a-2 of this title have been met as to each State, whether it is entitled to receive its share of the annual appropriations for water resources research under section 1961a of this title, and the amount which it is entitled to receive. The Secretary shall make an annual report to the Congress of the receipts and expenditures and work of the institutes in all States under the provisions of this chapter. His report shall indicate whether any portion of an appropriation available for allotment to any State has been withheld and, if so, the reasons therefor. (Pub. L. 88-379, title I, § 104, July 17, 1964, 78 Stat. 331.) § 1961a-5. Legal relationship of educational institution and State government; Federal control or direction of education. Nothing in this chapter shall be construed to impair or modify the legal relation existing between any of the colleges or universities under whose direction an institute is established and the government of the State in which it is located, and nothing in this chapter shall in any way be construed to authorize Federal control or direction of education at any college or university. (Pub. L. 88-379, title I, § 105, July 17, 1964, 78 Stat. 331.) SUBCHAPTER II.-ADDITIONAL WATER RESOURCES RESEARCH PROGRAMS § 1961b. Research into water problems related to mission of the Department of the Interior; appropriations; grants; contracts, or other arrangements; transmittal to Congress. There is authorized to be appropriated to the Secretary of the Interior $1,000,000 in fiscal year 1965 and $1,000,000 in each of the nine fiscal years thereafter from which he may make grants, contracts, matching, or other arrangements with educational institutions (other than those establishing institutes under subchapter I of this chapter), pri vate foundations or other institutions; with private firms and individuals; and with local, State and Federal Government agencies, to undertake research into any aspects of water problems related to the mission of the Department of the Interior, which may be deemed desirable and are not otherwise being studied. The Secretary shall submit each such proposed grant, contract, or other arrangement to the President of the Senate and the Speaker of the House of Representatives, and no appropriation shall be made to finance the same until 60 calendar days (which 60 days, however, shall not include days on which either the House of Representatives or the Senate is not in session because of an adjournment of more than three calendar days) after such submission and then only if, within said 60 days, neither the Committee on Interior and Insular Affairs of the House of Representatives nor the Committee on Interior and Insular Affairs of the Senate disapproves the same. (Pub. L. 88-379, title II, § 200, July 17, 1964, 78 Stat. 331.) SUBCHAPTER III.-MISCELLANEOUS PROVISIONS §1961c. Cooperation of Federal, State, and private agencies; availability of information. The Secretary of the Interior shall obtain the continuing advice and cooperation of all agencies of the Federal Government concerned with water problems, of State and local governments, and of private institutions and individuals, to assure that the programs authorized in this chapter will supplement and not duplicate established water research programs, to stimulate research in otherwise neglected areas, and to contribute to a comprehensive, nationwide program of water and related resources research. He shall make generally available information and reports on projects completed, in progress, or planned under the provisions of this chapter, in addition to any direct publication of information by the institutes themselves. (Pub. L. 88-379, title III, § 300, July 17, 1964, 78 Stat. 332.) § 1961c-1. Authority of Secretary of Interior over water resources research of other Federal agencies; existing authorities and responsibilities of Federal agencies unaffected. Nothing in this chapter is intended to give or shall be construed as giving the Secretary of the Interior any authority or surveillance over water resources research conducted by any other agency of the Federal Government, or as repealing, superseding, or diminishing existing authorities or responsibilities of any agency of the Federal Government to plan and conduct, contract for, or assist in research in its areas of responsibility and concern with water resources. (Pub. L. 88-379, title III, § 301, July 17, 1964, 78 Stat. 332.) § 1961c-2. Advance payments of initial expenses. Contracts or other arrangements for water resources work authorized under this chapter with an institute, educational institution, or non-profit organization may be undertaken without regard to the provisions of section 529 of Title 31 when, in the judgment of the Secretary of the Interior, advance payments of initial expense are necessary to facil No part of any appropriated funds may be expended pursuant to authorization given by this chapter for any scientific or technological research or development activity unless such expenditure is conditioned upon provisions determined by the Secretary of the Interior, with the approval of the Attorney General, to be effective to insure that all information, uses, products, processes, patents, and other developments resulting from that activity will (with such exceptions and limitations as the Secretary may determine, after consultation with the Secretary of Defense, to be necessary in the interest of the national defense) be made freely and fully available to the general public. Nothing contained in this section shall deprive the owner of any background patent relating to any such activity of any rights which that owner may have under that patent. (Pub. L. 88-379, title III, § 303, July 17, 1964, 78 Stat. 332.) § 1961c-4. Cataloging center. There shall be established, in such agency and location as the President determines to be desirable, a center for cataloging current and projected scientific research in all fields of water resources. Each Federal agency doing water resources research shall cooperate by providing the cataloging center with information on work underway or scheduled by it. The cataloging center shall classify and maintain for general use a catalog of water resources research and investigation projects in progress or scheduled by all Federal agencies and by such non-Federal agencies of government, colleges, universities, private institutions, firms, and individuals as voluntarily may make such information available. (Pub. L. 88379, title III, § 304, July 17, 1964, 78 Stat. 332.) § 1961c-5. Interagency coordination of water resources research. The President shall, by such means as he deems appropriate, clarify agency responsibilities for Federal water resources research and provide for interagency coordination of such research, including the research authorized by this chapter. Such coordination shall include (a) continuing review of the adequacy of the Government-wide program in water resources research, (b) identification and elimination of duplication and overlaps between two or more agency programs, (c) identification of technical needs in various water resources research categories, (d) recommendations with respect to allocation of technical effort among the Federal agencies, (e) review of technical manpower needs and findings concerning the technical manpower base of the program, (f) recommendations concerning management policies to improve the quality of the Governmentwide research effort, and (g) actions to facilitate interagency communication at management levels. (Pub. L. 88-379, title III, § 305, July 17, 1964, 78 Stat. 332.) (a) Race, color, or previous condition not to af- (b) Intimidation, threats, or coercion. (f) "Federal election" defined. (g) Contempt; assignment of counsel; witnesses. (h) Three-judge district court: hearing, determination, expedition of action, review by Supreme Court; single-judge district court: hearing, determination, expedition of action. 1972. Interference with freedom of elections. SUBCHAPTER II.-FEDERAL ELECTION RECORDS 1974. Retention and preservation of records and papers by officers of elections; deposit with custodian; penalty for violation. 1974a. Theft, destruction, concealment, mutilation, or alteration of records or papers; penalties. 1974b. Demand for records or papers by Attorney General or representative; statement of basis and purpose. 1974c. Disclosure of records or papers. 1974d. Jurisdiction to compel production of records or papers. 1974e. Definitions. SUBCHAPTER I.-GENERALLY § 1971. Voting rights. (a) Race, color, or previous condition not to affect right to vote; uniform standards for voting qualifications; errors or omissions from papers; literacy tests; agreements between Attorney General and State or local authorities; definitions. (1) All citizens of the United States who are otherwise qualified by law to vote at any election by the people in any State, Territory, district, county, city, parish, township, school district, municipality, or other territorial subdivision, shall be entitled and allowed to vote at all such elections, without distinction of race, color, or previous condition of servitude; any constitution, law, custom, usage, or regulation of any State or Territory, or by or under its authority, to the contrary notwithstanding. (2) No person acting under color or law shall (A) in determining whether any individual is qualified under State law or laws to vote in any Federal election, apply any standard, practice, or procedure different from the standards, practices, or procedures applied under such law or laws to other individuals within the same county, parish, or similar political subdivision who have been found by State officials to be qualified to vote; (B) deny the right of any individual to vote in any Federal election because of an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material in determining whether such individual is qualified under State law to vote in such election; or (C) employ any literacy test as a qualification for voting in any Federal election unless (1) such test is administered to each individual and is conducted wholly in writing, and (ii) a certified copy of the test and of the answers given by the individual is furnished to him within twenty-five days of the submission of his request made within the period of time during which records and papers are required to be retained and preserved pursuant to sections 1974-1974e of this title: Provided, however, That the Attorney General may enter into agreements with appropriate State or local authorities that preparation, conduct, and maintenance of such tests in accordance with the provisions of applicable State or local law, including such special provisions as are necessary in the preparation, conduct, and maintenance of such tests for persons who are blind or otherwise physically handicapped, meet the purposes of this subparagraph and constitute compliance therewith. (3) For purposes of this subsection (A) the term "vote" shall have the same meaning as in subsection (e) of this section; (B) the phrase "literacy test" includes any test the ability to read, write, understand, or interpret any matter. (b) Intimidation, threats, or coercion. No person, whether acting under color of law or otherwise, shall intimidate, threaten, coerce, or attempt to intimidate, threaten, or coerce any other person for the purpose of interfering with the right of such other person to vote or to vote as he may choose, or of causing such other person to vote for, or not to vote for, any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives, Delegates or Commissioners from the Territories or possessions, at any general, special, or primary election held solely or in part for the purpose of selecting or electing any such candidate. (c) Preventive relief; injunction; rebuttable literacy presumption; liability of United States for costs; State as party defendant. Whenever any person has engaged or there are reasonable grounds to believe that any person is about to engage in any act or practice which would deprive any other person of any right or privilege secured by subsection (a) or (b) of this section, the Attorney General may institute for the United States, or in the name of the United States, a civil action of other proper proceeding for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order. If in any such proceeding literacy is a relevant fact there shall be a rebuttable presumption that any person who has not been adjudged an incompetent and who has completed the sixth 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 where instruction is carried on predominantly in the English language, possesses sufficient literacy, comprehension, and intelligence to vote in any Federal election. In any proceeding hereunder the United States shall be liable for costs the same as a private person. Whenever, in a proceeding instituted under this subsection any official of a State or subdivision thereof is alleged to have committed any act or practice constituting a deprivation of any right or privilege secured by subsection (a) of this section, the act or practice shall also be deemed that of the State and the State may be joined as a party defendant and, if, prior to the institution of such proceeding, such official has resigned or has been relieved of his office and no successor has assumed such office, the proceeding may be instituted against the State. (d) Jurisdiction; exhaustion of other remedies. 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 the party aggrieved shall have exhausted any administrative or other remedies that may be provided by law. (e) Order qualifying person to vote; application; hearing; voting referees; transmittal of report and order; certificate of qualification; definitions. In any proceeding instituted pursuant to subsection (c) of this section in the event the court finds that any person has been deprived on account of race or color of any right or privilege secured by subsection (a) of this section, the court shall upon request of the Attorney General and after each party has been given notice and the opportunity to be heard make a finding whether such deprivation was or is pursuant to a pattern or practice. If the court finds such pattern or practice, any person of such race or color resident within the affected area shall, for one year and thereafter until the court subsequently finds that such pattern or practice has ceased, be entitled, upon his application therefor, to an order declaring him qualified to vote, upon proof that at any election or elections (1) he is qualified under State law to vote, and (2) he has since such finding by the court been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. Such order shall be effective as to any election held within the longest period for which such applicant could have been registered or otherwise qualified under State law at which the applicant's qualifications would under State law entitle him to vote. Notwithstanding any inconsistent provision of State law or the action of any State officer or court, an applicant so declared qualified to vote shall be permitted to vote in any such election. The Attorney General shall cause to be transmitted certified copies of such order to the appropriate election officers. The refusal by any such officer with notice of such order to permit any person so declared qualified to vote to vote at an appropriate election shall constitute contempt of court. An application for an order pursuant to this subsection shall be heard within ten days, and the execution of any order disposing of such application shall not be stayed if the effect of such stay would be to delay the effectiveness of the order beyond the date of any election at which the applicant would otherwise be enabled to vote. The court may appoint one or more persons who are qualified voters in the judicial district, to be known as voting referees, who shall subscribe to the oath of office required by section 16 of Title 5, to serve for such period as the court shall determine, to receive such applications and to take evidence and report to the court findings as to whether or not at any election or elections (1) any such applicant is qualified under State law to vote, and (2) he has since the finding by the court heretofore specified been (a) deprived of or denied under color of law the opportunity to register to vote or otherwise to qualify to vote, or (b) found not qualified to vote by any person acting under color of law. In a proceeding before a voting referee, the applicant shall be heard ex parte at such times and places as the court shall direct. His statement under oath shall be prima facie evidence as to his age, residence, and his prior efforts to register or otherwise qualify to vote. Where proof of literacy or an understanding of other subjects is required by valid provisions of State law, the answer of the applicant, if written, shall be included in such report to the court; if oral, it shall be taken down stenographically and a transcription included in such report to the court. Upon receipt of such report, the court shall cause the Attorney General to transmit a copy thereof to the State attorney general and to each party to such proceeding together with an order to show cause within ten days, or such shorter time as the court may fix, why an order of the court should not be entered in accordance with such report. Upon the expiration of such period, such order shall be entered unless prior to that time there has been filed with the court and served upon all parties a statement of exceptions to such report. Exceptions as to matters of fact shall be considered only if supported by a duly verified copy of a public record or by affidavit of persons having personal knowledge of such facts or by statements or matters contained in such report; those relating to matters of law shall be supported by an appropriate memorandum of law. The issues of fact and law raised by such exceptions shall be determined by the court or, if the due and speedy administration of justice requires, they may be referred to the voting referee to determine in accordance with procedures prescribed by the court. A hearing as to an issue of fact shall be held only in the event that the proof in support of the exception disclose the existence of a genuine issue of material fact. The applicant's literacy and understanding of other subjects shall be determined solely on the basis of answers included in the report of the voting referee. The court, or at its direction the voting referee, shall issue to each applicant so declared qualified a certificate identifying the holder thereof as a person so qualified. Any voting referee appointed by the court pursuant to this subsection shall to the extent not inconsistent herewith have all the powers conferred upon a master by rule 53(c) of the Federal Rules of Civil Procedure. The compensation to be allowed to any persons appointed by the court pursuant to this subsection shall be fixed by the court and shall be payable by the United States. Applications pursuant to this subsection shall be determined expeditiously. In the case of any application filed twenty or more days prior to an election which is undetermined by the time of such election, the court shall issue an order authorizing the applicant to vote provisionally: Provided, however, That such applicant shall be qualified to vote under State law. In the case of an application filed within twenty days prior to an election, the court, in its discretion, may make such an order. In either case the order shall make appropriate provision for the impounding of the applicant's ballot pending determination of the application. The court may take any other action, and may authorize such referee or such other person as it may designate to take any other action, appropriate or necessary to carry out the provisions of this subsection and to enforce its decrees. This subsection shall in no way be construed as a limitation upon the existing powers of the court. When used in the subsection, the word “vote” includes all action necessary to make a vote effective including, but not limited to, registration or other action required by State law prerequisite to voting, casting a ballot, and having such ballot counted and included in the appropriate totals of votes cast with respect to candidates for public office and propositions for which votes are received in an election; the words "affected area" shall mean any subdivision of the State in which the laws of the State relating to voting are or have been to any extent administered by a person found in the proceeding to have violated subsection (a) of this section; and the words "qualified under State law" shall mean qualified according to the laws, customs, or usages of the State, and shall not, in any event, imply qualifications more stringent than those used by the persons found in the proceeding to have violated subsection (a) in qualifying persons other than those of the race or color against which the pattern or practice of discrimination was found to exist. (f) "Federal election" defined. When used in subsection (a) or (c) of this section, the words "Federal election" shall mean any general, special, or primary election held solely or in part for the purpose of electing or selecting any candidate for the office of President, Vice President, presidential elector, Member of the Senate, or Member of the House of Representatives. (g) Contempt; assignment of counsel; witnesses. Any person cited for an alleged contempt under this Act shall be allowed to make his full defense by counsel learned in the law; and the court before which he is cited or tried, or some judge thereof, shall immediately, upon his request, assign to him such counsel, not exceeding two, as he may desire, who shall have free access to him at all reasonable hours. He shall be allowed, in his defense to make any proof that he can produce by lawful witnesses, and shall have the like process of the court to compel his witnesses to appear at his trial or hearing, as is usually granted to compel witnesses to appear on behalf of the prosecution. If such person shall be found by the court to be financially unable to provide for such counsel, it shall be the duty of the court to provide such counsel. (h) Three-judge district court: - hearing, determination, expedition of action, review by Supreme Court; single-judge district court: hearing, determination, expedition of action. In any proceeding instituted by the United States in any district court of the United States under this section in which the Attorney General requests a finding of a pattern or practice of discrimination pursuant to subsection (e) of this section the Attorney General, at the time he files the complaint, or any defendant in the proceeding, within twenty days after service upon him of the complaint, may file with the clerk of such court a request that a court of three judges be convened to hear and determine the entire case. A copy of the request for a three-judge court shall be immediately furnished by such clerk to the chief judge of the circuit (or in his absence, the presiding circuit judge of the circuit) in which the case is pending. Upon receipt of the copy of such request it shall be the duty of the chief judge of the circuit or the presiding circuit judge, as the case may be, to designate immediately three judges in such circuit, of whom at least one shall be a circuit judge and another of whom shall be a district judge of the court in which the proceeding was instituted, to hear and determine such case, and it shall be the duty of the judges so designated 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. An appeal from the final judgment of such court will lie to the Supreme Court. In any proceeding brought under subsection (c) of this section to enforce subsection (b) of this section, or in the event neither the Attorney General nor any defendant files a request for a three-judge court in any proceeding authorized by this subsection, it shall be the duty of the chief judge of the district (or in his absence, the acting chief judge) in which the case is pending immediately to designate a judge in such district to hear and determine the case. In the event that no judge in the district is available to hear and determine the case, the chief judge of the district, or the acting chief judge, as the case may be, shall certify this fact to the chief judge of the circuit (or, in his absence, the acting chief judge) who shall then designate a district or circuit judge of the circuit to hear and determine the case. It shall be the duty of the judge designated pursuant to this section to assign the case for hearing at the earliest practicable date and to cause the case to be in every way expedited. (R.S. § 2004; Sept. 9, 1957, Pub. L. 85-315, pt. IV, § 131, 71 Stat. 637; May 6, 1960, Pub. L. 86-449, title VI, § 601, 74 Stat. 90; July 2, 1964, Pub. L. 88-352, title I, § 101, 78 Stat. 241.) DERIVATION Act May 31, 1870, ch. 114, § 1, 16 Stat. 140. REFERENCES IN TEXT This Act, referred to in subsec. (g), means Pub. L. 85315, which is classified to this section and sections 19751975e and 1995 of this title, section 295-1 of Title 5, Executive Departments and Government Officers and Employees, and sections 1343 and 1861 of Title 28, Judiciary and Judicial Procedure. AMENDMENTS 1964 Subsec. (a). Pub. L. 88-352, § 101(a) desig existing provisions as par. (1) and added pars. (3). Subsec. (c). Pub. L. 88–352, § 101(b), proTM rebuttable literacy presumption when a per been adjudged an incompetent and has c sixth grade of his schooling. Subsec. (f). Pub. L. 88-352, § 101 (c), added Former subsec. (f) redesignated (g). Subsec. (g). Pub. L. 88-352, § 101 (c), r former subsec. (f) as (g). Subsec. (h). Pub. L. 88-352, § 101(d), adde (h). 1960 Subsec. (c). Pub. L. 86-449, § 601(b), pi the State to be joined as a party defendant in case officials of a State or subdivision thereof are alle have committed acts or practices constituting a dep tion of any rights or privileges secured by subsection) of this section, and authorized commencement of the proceeding against the State where an official has resigned or has been relieved of his office and no successor has assumed such office. Subsec. (e). Pub. L. 86-449, § 601(a), added subsec. (e) and redesignated former subsec. (e) as (f). Subsec. (f). Pub. L. 86-449, § 601(a), redesignated former subsec. (e) as (f). 1957-Pub. L. 85-315, § 131(a), substituted in catchline "Voting rights" for "Race, color, or previous condition not to affect right to vote". Subsec. (a). Pub. L. 85-315, § 131 (b) designated existing provisions as subsec. (a). Subsecs. (b)—(e). Pub. L. 85-315, § 131 (c) added subsecs (b)-(e). SHORT TITLE Section 1 of Pub. L. 86-449 provided that Pub. L. 86449, which enacted sections 1974-1974e of this title and sections 837, 1074, and 1509 of Title 18, Crimes and Criminal Procedure, and amended this section and sections 241 and 640 of Title 20, Education, may be cited as the "Civil Rights Act of 1960." SEPARABILITY OF PROVISIONS Section 701 of Pub. L. 86-449 provided that: "If any provision of this Act [adding sections 1974-1974e of this title and sections 837, 1074, and 1509 of Title 18, Crimes and Criminal Procedure, and amending this section and sections 241 and 640 of Title 20, Education] is held invalid, the remainder of this Act shall not be affected thereby." § 1972. Interference with freedom of elections. No officer of the Army, Navy, or Air Force of the United States shall prescribe or fix, or attempt to prescribe or fix, by proclamation, order, or otherwise, the qualifications of voters in any State, or in any manner interfere with the freedom of any election in any State, or with the exercise of the free right of suffrage in any State. (R. S. § 2003.) DERIVATION Act Feb. 25, 1865, ch. 52, § 1, 13 Stat. 437. Air Force was inserted to conform to section 207 (a), (f) of act July 26, 1947, ch. 343, title II, 61 Stat. 502, which established a separate Department of the Air Force, and Secretary of Defense Transfer Order No. 40 [App. A(10)], July 22, 1949, which transferred certain functions to the Air Force. Section 207 (a), (f) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces", which in sections 8011-8013 continued the military Department of the Air Force under the administrative supervision of a Secretary of the Air Force. |