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tive Expense Act of 1946 (5 U.S.C. 78b-2) Avheii engaged in the so Stat. sos; performance of their duties. "'^' ^' SEC. 107. The Secretary of State, with the concurrence of the Secretary of the Interior, is authorized to accept or reject, on behalf of the United States, recommendations made by the Commission pursuant to article V of the Convention. SEC. 108. The head of any Federal agency is authorized to consult with and provide technical assistance to the Secretary of the Interior or the Commission whenever such assistance is needed and can reasonably be furnished in carrying out the provisions of this title. Any Federal agency furnishing assistance hereunder may expend its own funds for such purposes, with or without reimbursement. SEC. 109. As used in this title, the term— Definitions. (a) "Convention" means the Interim Convention on the Conservation of North Pacific F u r Seals signed at Washington, on February 9, 1957, by the parties, as amended by the protocol signed at Washington, 15^ J^^3^16^^' on October 8, 1963, by the parties, (b) " Party " or "parties" means the United States of America, Canada, Japan, and the Union of Soviet Socialist Republics, (c) "Commission" means the North Pacific F u r Seal Commission established pursuant to article V of the convention, (d) "Sealing''means the taking of fur seals, (e) "North Pacific Ocean" means the waters of the Pacific Ocean north of the thirtieth parallel of north latitude, including the Bering. Okhotsk, and Japan Seas, (f) "Import" means to land on, or bring into, or attempt to land on, or bring into any place subject to the jurisdiction of the Ignited States. TITLE II—ADMINISTRATION OF THE P R I B I L O F ISLANDS SEC. 201. The Pribilof Islands shall continue to be administered an^/mana^imTnt as a special reservation by the Secretary of the Interior for the pur- by interior secreposes of conserving, managing, and protecting the North Pacific fur *^'^^" seals and other wildlife, and for other purposes. SEC. 202. The Secretary, in carrying out the provisions of this title, contract or ,

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is authorized to enter into contracts or agreements or leases with, or thority. to issue permits to, public or private agencies or persons, including the natives of said islands, in accordance with such terms and conditions as he deems desirable for the use of any Government-owned real or personal property located on the Pribilof Islands, for the furnishing of accommoaations for tourists and other visitors, for educational, recreational, residential,, or commercial purposes, for the operation, maintenance, and repair of Government-owned facilities and utilities, for the transportation and storage of food and other supplies, and for such other purposes as the Secretary deems desirable. SEC. 203 (a) I n carrying out the provisions of this title, the Secretary is also authorized— (1) to provide, with or without reimbursement, the natives of the Pribilof Islands with such facilities, services, and equipment as he deems necessary, including, but not limited to, food, fuel, shelter, transportation, and education, (2) to provide the employees of the Department of the Interior Facilities for emand other Federal agencies and their dependents, and tourists and pendems^" other persons, at reasonable rates to be determined by the Secretary, with such facilities, services, and equipment as he deems necessary, including, but not limited to, food, fuel, shelter, transportation, and education,

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1130

 1094

Alaska. Education, etc., for n a t i v e s.

HEW Secretary. Medical and dental c a r e.

68 Stat. 674; 71 Stat. 371. St. P a u l Island. Townsite.

PUBLIC LAW 89-702-NOV. 2, 1966

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(3) to purchase, transport, store, and distribute such supplies and equipment to carry out the provisions of this section as the Secretary deems necessary, and (4) to purchase, construct, operate, and maintain such facilities as may be necessary to carry out the provisions of this section. (b) The proceeds from the furnishing of facilities, services, supplies, and equipment pursuant to this section shall be credited to the appropriation current at the time the proceeds are received. SEC. 204. (a) The Secretary is authorized to enter into an agreement with the Governor of the State of Alaska pursuant to which the State shall assume full responsibility for furnishing education to the natives of the Pribilof Islands. The Secretary is also authorized to enter into agreements with said Governor pursuant to which the State shall furnish to such natives adequate food, shelter, transportation, and such other facilities, services, and equipment as the Secretary deems necessary. (b) Any agreement entered into pursuant to this section for the transfer to the State of the responsibility for furnishing education to the natives of the Pribilof Islands shall provide, in addition to such terms and conditions as the Secretary deems desirable, that the State of Alaska, in assuming such responsibility, shall meet the educational needs of the said natives in the same manner as the State meets the educational needs of all of its citizens, including the furnishing of necessary facilities therefor. SEC. 205. The Secretary of Health, Education, and Welfare shall provide medical and dental care to the natives of the Pribilof Islands, with or without reimbursement, as provided by other law. He is authorized to provide such care to Federal employees and their dependents and tourists and other persons in the Pribilof Islands at reasonable rates to be determined by him. He may purchase, lease, construct, operate, and maintain such facilities, supplies, and equipment as he deems necessary to carry out the provisions of this section and the costs of such items, including medical and dental care, shall be charged to the budget of the Secretary of Health, Education, and Welfare. Nothing in this Act shall be construed as superseding or limiting the authority and responsibility of the Secretary of Health, Education, and Welfare under the Act of August 5, 1954 (42 TT.S.C. 2001 et seq.), as amended, or any other law with respect to medical and dental care of natives or other persons in the Pribilof Islands. SEC. 206. (a) For the purpose of fostering self-sufficiency among the natives of the Pribilof Islands, and in order that they may enjoy local self-government, and to facilitate the establishment by such natives of a municipal corporation under the laws of the S'^ate of Alaska, the Secretary is authorized to set apart so much of the land on St. Paul Island as he determines necessary to establish a townsite. The Secretary shall survey the townsite into lots, blocks, streets, and alleys and he may issue a patent therefor to a trustee appointed by him, when he is satisfied that a viable self-governing community which is capable of providing adequate municipal services is established or will be established prior to the conveyance by the trustee of title to any property to the natives of the Pribilof Islands The trustee is authorized to convey to the individual natives of the Pribilof Islands title to improved or unimproved lots or tracts of land within such townsite for homesite, commercial, or other purposes not inconsistent with the purpose for which the Secretary administers said islands, upon payment of an amount to be determined by the Secretary. Any deed issued by the trustee shall provide, in addition to such terms and conditions relating to the use of said lots or tracts as

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the Secretary deems necessary, that the title conveyed is inalienable for a period of twenty years from the date of conveyance except upon approval of the Secretary. Any deed issued after twenty years from the date of conveyance shall not require approval of the Secretary. Any lot or tract conveyed by the trustee to said natives shall not, except as provided in the Act of March 29, 1956 (70 Stat. 62; 25 U.S.C. 483a), be subject to levy and sale in satisfaction of the debts, contracts, or liabilities of the purchaser or to any claims of adverse possession or to claims of prescription, except that such lot or tract shall be subject to taxation and to levy and sale in satisfaction thereof under the laws of the State of Alaska. (b) I n determining the amount to be paid for the purchase of lots or tracts under subsection (a) of this section, the Secretary shall consider the economic status of the natives of the Pribilof Islands, including the factor of isolation, the restrictive nature of the title to be conveyed, the improvements, if any, placed on the property by the purchaser and such other factors as he deems pertinent: Provided, That payment shall be made in accordance with such terms and conditions as the Secretary deems desirable. (c) The net proceeds from the sale, pursuant to this section, of ^j^llixl^intyVor improved or unirhproved lots or tracts shall be made available to the municipal services. established local governing body to be used with other proceeds available to such body for the purpose of providing adequate municipal services to persons inhabiting the islands. I n addition, at the close of the first fiscal year in which there is established a municipal corporation as provided in this section, the Secretary of the Interior shall certify to the Secretary of the Treasury for payment from the gross receipts of the Pribilof Islands fund, after deducting from such fund all costs to the United States in carrying out the provisions of this Act, the sum of $50,000 to such community to assist it in providing adequate municipal services, and, at the close of each succeeding four fiscal years, he shall pay from such fund the sums of $40,000, $30,000, $20,000, and $10,000, respectively. (d) Upon approval by the Secretary, the trustee shall convey, with un*;°"d'^^ands^ °^ or without reimbursement, any improved or unimproved land which was authorized to be sold under subsection (a), and which is unsold five years after incorporation, and which is not needed in connection with the Federal activities on said islands, to the municipality for the purposes of this section: Provided. That a conveyance pursuant to this subsection shall be subject to such terms and conditions as the Secretary deems necessary to enable him to administer the Pribilof Islands as provided in this title. (e) The trustee shall convey to the municipality at the time of incorporation all surveyed streets and alleys of the townsite. All deeds issued by the trustee shall contain a reservation to the trustee of rightsof-way for streets and alleys to be surveyed and established upon and across land conveyed to the natives of the Pribilof Islands whenever he determines that it would be in the interest of the native owner to establish such streets and alleys. Such reservation shall be for a term not to exceed ten years. In addition the Secretary may convey without reimbursement to the municipality such lands or interests therein outside the townsite boundaries for any purpose subject to such conditions as the Secretary deems desirable to carry out the purposes of this Act. (f) The provisions of this section shall not affect any valid existing rights. SEC. 207. Any person who violates or fails to comply with any regu- Penalties. lation issued by the Secretary of the Interior under this title relating

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Services pert o r m c Q Dv n a t i v e s.

70 Stat. 743; p. 659.

Ante.

75 Stat. 7 7 1.

PUBLIC LAW 89-702-NOV. 2, 1966

[80 STAT.

to the use and management of the Pribilof Islands or to the conservation and protection of the fur seals or wildlife or other natural resources located thereon shall be fined not more than $500 or be imprisoned not more than six months, or both. ^^^^ 208. (a) Service by natives of the Pribilof Islands enffaffed .

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in the taking and curing of fur seal skins and other activities m connection with the administration of such islands prior to January 1, 1950, as determined by the Secretary of the Interior based on records available to him, shall be considered for purposes of credit under the Qiyil Service Retirement Act, as amended (5 U.S.C. 2251-2267), as civinan service performed by an employee, as denned m said Act. (b) The annuity of any person or the annuity of the survivor of any person who shall have performed service described in subsection (a), and who prior to the date of enactment of this Act died or shall have been retired on annuity payable from the civil service retirement and disability fund, shall, upon application filed by the annuitant within one year after the date of enactment of this Act, be adjusted, effective as of the first day of the month immediately following the date of enactment of this Act, so that the amount of the annuity will be the same as if such subsection had been in effect at the time of such person's retirement or death. (c) Section 4(g) of the Civil Service Retirement Act (5 U.S.C. 2254(g)) is amended by inserting after the words "military service" a comma and the following: "for service performed prior to January 1, 1950, by natives of the Pribilof Islands in the taking and curing of fur seal skins and other activities in connection with the administration of such islands,". (d) I n no case shall credit for the service described in subsection (a) entitle a person to the benefits of section 11(h) of the Civil Service Retirement Act (5 U.S.C. 2261 (h)). (e) Notwithstanding any other provision of this Act or any other hiw, benefits under the Civil Service Retirement Act made available by reason of the provisions of this section shall be paid from the civil service retirement and disability fund subject to reimbursement to such fund from the gross receipts of the Pribilof Islands fund, established in section 407 of this Act, for the purpose of compensating said retirement fund for the cost, as determined by the Civil Service Commission during each fiscal year, of benefits provided by this section. This reimbursement to the civil service retirement fund shall be considered a cost of administering the fur seal program.

TITLE III—PROTECTION OF SEA OTTERS ON THE HIGH SEAS SEC. 301. (a) I t is unlawful, except as provided in this Act or by regulations issued by the Secretary of the Interior, for any person subject to the jurisdiction of the United States to take or engage in the taking of sea otters on the high seas beyond the territorial waters of the United States, or to possess, transport, sell, purchase, or offer to sell or purchase sea otters or their parts taken on the high seas, or to destroy, abandon, or waste needlessly sea otters on the high seas. (b) The possession of sea otters or any part thereof by any person contrary to the provisions of this Act shall constitute prima facie evidence that the sea otter or part thereof was taken, purchased, sold, or transported in violation of the provisions of this Act or the regulations issued thereunder.

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 186 (Read at Meeting, 17th December, 1903. Ante, p. 2.)

Jews here have various methods closely resembling those of the Outer Islands of the Hebrides for "dodging" the Powers of Evil. For example, when a sick person seems unable to die and unlikely to recover, they pray for him under a different name, using Isaac, for instance, if his name happens to be Benjamin, apparently on the theory that God will know who is prayed for, whereas it will perplex the Evil Spirit who has brought about his condition, so that when he enters the sick chamber to take possession of Isaac, he starts back in astonishment to find his old friend Benjamin, who is thus enabled to escape.

The story is current in Jerusalem that a certain Jew who had lost six wives in childbirth was anxious to propitiate the Angel of Death. When about to marry for the seventh time he bought a cow and tied her up outside his window, and then the marriage ceremony was performed between them, the ring being placed upon her horn, the contract of marriage being drawn up in due form. This accomplished, he proceeded to matrimony with the girl of his choice, the cow was killed, her flesh distributed among the poor, and the pair lived happy ever after and had a large family.

Many curious customs are connected with childbirth. The woman is at this time particularly exposed to the jealousy of Lilith and other "Not-good Ones," and in some households it is usual to attach verses from the Psalms to such spots as the Evil Ones would have to pass in gaining access to her: the window, chimney, door, and the curtains to her bed. It is, however, objected among the ultra-pious that it is wanting in respect to the Psalms to introduce them into a room ceremonially defiled.

The destroying angel on taking the life of a Jew, washes his knife in the water of six houses, so that on the occasion of a death every drop of water has to be thrown away in three houses, right and left; a serious loss where every pint of water has its definite


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SEC. 302. The Secretary is authorized, from time to time, to sell, and^roductl'"^ pursuant to such terms and conditions as he deems desirable, or other- Disposal ^' wise dispose of, sea otter skins and all the products derived from sea otters that are forfeited to, or seized by, the United States pursuant to this Act, or that are taken by the Secretary on the high seas or within the Aleutian Islands National Wildlife Refuge. The proceeds of such sales shall be deposited in the Pribilof Islands fund in the Treasury. TITLE IV—GENERAL SEC. 401. (a) Every vessel subject to the jurisdiction of the United foff^^ures of States that is employed in any maimer in connection with a violation cargo, etc. of the provisions of this Act, including its tackle, apparel, furniture, appurtenances, cargo, and stores shall be subject to forfeiture and all fur seals or sea otters, or parts thereof, taken or retained in violation of this Act or the monetary value thereof shall be forfeited. (b) All provisions of law relating to the seizure, summary and judicial forfeiture, and condemnation of a vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores for violation of the customs laws, the disposition of such vessel, including its tackle, apparel, furniture, appurtenances, cargo, and stores or the proceeds from the sale thereof, and the remission or mitigation of such forfeitures shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions of this Act. SEC. 402. (a) Enforcement of the provisions of this Act is the joint Enforcement. •1 -TJ

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responsibility or the Secretary oi the Interior, the Secretary oi the biuty. Treasury, and the Secretary of the Department in which the Coast Guard is operating. I n addition, the Secretary of the Interior may designate officers and employees of the States of the United States to enforce the provisions of this Act which relate to persons or vessels subject to the jurisdiction of the United States. When so designated, such officers and employees are authorized to function as Federal law enforcement agents for these purposes, but they shall not be held and considered as employees of the United States for the purposes of any laws administered by the Civil Service Commission. (b) The judges of the United States district courts and the United wirran1s"etc^. States commissioners may, within their respective jurisdictions, upon proper oath or affirmation showing probable cause, issue such warrants or other process, including warrants or other process issued in admiralty proceedings in Federal district courts, as may be required for enforcement of this Act and any regulations issued thereunder. (c) Any person authorized to carry out enforcement activities hereunder shall have the power to execute any warrant or process issued by any officer or court of competent jurisdiction for the enforcement of this Act. (d) Such person so authorized shall have the power— (1) with or without a warrant or other process, to arrest any person committing in his presence or view a violation of this Act or the regulations issued thereunder; (2) with a warrant or other process or without a Avarrant, if he has reasonable cause to believe that a vessel subject to the jurisdiction of the United States or any person on board is in violation of any provision of this Act or the regulations issued thereunder, to search such vessel and to arrest such person.

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Page:United States Statutes at Large Volume 80 Part 1.djvu/1134

 1098

Penalties.

Contract or agreement authority. Definitions.

Pribilof Islands fund, establishment.

72 Stat. 340. 48 USC Chap. 2 note. Repeal. Alaska. S e a l s k i n s and s e a otter s k i n s. D i s p o s i t i o n of p r o c e e d s from sales.

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(e) SucK person so authorized may seize any vessel subject to the jurisdiction of the United States, together with its tackle, apparel, furniture, appurtenances, cargo, and stores, used or employed cont r a r y to the provisions of this Act or the regulations issued hereunder or which it reasonably appears has been used or employed contrary to the provisions of this Act or the regulations issued hereunder. (f) ouch person so authorized may seize, whenever and wherever lawfully found, all fur seals or sea otters taken or retained in violation of this Act or the regulations issued thereunder. Any fur seals so seized or forfeited to the United States pursuant to this Act shall be disposed of in accordance with the provisions of section 104, of this Act. Any sea otters so seized or forfeited to the United States pursuant to this Act shall be disposed of in accordance with the provisions of section 802 of this Act. SEC. 403. The Secretary of the Interior is authorized to issue regulations to carry out the provisions of this Act. SEC. 404. Any person violating the provisions of title 1 or III of this Act or the regulations issued thereunder shall be fined not inore than $2,000, or imprisoned not more than one year, or both. SEC. 405. The Secretary of the Interior, in carrying out the provisions of this Act, is authorized to enter into contracts or agreements for research with any person or public or private agency. SEC. 406. (a) The term ''person*' as used in this Act means any individual, partnership, corporation, or association. (b) The terms "take" or "taking'" or "taken" as used in this Act mean to pursue, hunt, shoot, capture, collect, kill, or attempt to pursue, hunt, shoot, capture, collect, or kill. (c) The term "natives of the Pribilof Islands" as used in this Act means any Indians, Aleuts, or Eskimos who permanently reside on said island. (d) The term "Pribilof Islands" as used in this Act means the islands of St. Paul and St. George, AValrus and Otter Islands, and Sea Lion Rock. SEC. 407. There is established a Pribilof Islands fund and there are authorized to be appropriated such sums as may be necessary from the fund and from other funds in the Treasury to carry out the provisions of this Act and the provisions of section 6(e) of the Alaska Statehood Act which provides for the payment to the State of Alaska of certain specified proceeds deposited into said fund. SEC. 408. (a) The Act of February 26, 1944 (58 Stat. 100: 16 U.S.C. 631a-631q), is repealed. (b) The last three sentences of section 6(e) of the Alaska Statehood Act (72 Stat. 339) are amended to read as follows: "Commencing with the year during which Alaska is admitted into the Union, the Secretary of the Treasury, at the close of each fiscal year, shall pay to the State of Alaska 70 per centum of the net proceeds, as determined by the Secretary of the Interior, derived during such fiscal year from all sales of sealskins or sea otter skins made in accordance with the provisions of the F u r Seal Act of 1966. In arriving at the net proceeds, there shall be deducted from the receipts from all sales all costs to the United States in carrying out the provisions of the F u r Seal Act of 1966, including, but not limited to, the costs of handling and dressing the skins, the costs of making the sales, and all expenses incurred in the administration of the Pribilof Islands, and the payments made to any municipal corporation established pursuant^ to section 206 of the Fur Seal Act of 1966 and to the civil service retirement and disability

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fund pursuant to section 208 of the F u r Seal Act of 1966. I n administering the Pribilof Islands fund established by section 407 of the F u r Seal Act of 1966, the Secretary shall consult with the State of Alaska aanually. Nothing in this Act shall be construed as affecting the rights of the United States under the provisions of the F u r Seal Act of 1966 and the Northern Pacific Halibut Act of 1937 (16 U.S.C. 772- ^^ ^'^'- 325. 772i)." Approved November 2, 1966, 8:07 a.m., Anchorage, Alaska.

Public Law 89-703 JOINT RESOLUTION

November 2, 1966

To provide for the designation of the month of May of each year as "iSteelmark [H. j. Res. looi] Month".

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the month of May of "steeimark each year is hereby designated as "Steeimark Month" in recognition tion. ' ^^^^"^" of the tremendous contribution made by the steel industry in the United States to the national security and defense of our country. The President is requested to issue a proclamation calling upon all people of the United States for the observance of such month with appropriate proceedings and ceremonies. Approved November 2, 1966.

Public Law 89-704 JOINT RESOLUTION

Fixing the time of assembly of the Ninetieth Congress.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the Ninetieth Congress shall assemble at noon on Tuesday, January 10, 1967. Approved November 2, 1966.

November 2. 1966

[H. j. Res. 1322] Ninetieth Congress.

Public Law 89-705 AN ACT

^ V o 1 n«^ , November 2, 1966

To amend title 38, United States Code, to set aside funds for research into spinal cord injuries and diseases.

CH.R. 203]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 216 of title 38, United States Code, is amended by adding at the end thereof the following new subsection: "(c) For each fiscal year in the period beginning July 1, 1966, and ending June 30, 1972, the Administrator shall set aside not less than $100,000 of funds appropriated for medical research, authorized by section 4101 of this title, for the conduct of research into spinal cord injuries and diseases, and other disabilities that lead to paralysis of the lower extremities." Approved November 2, 1966.

veterans Ad""spfnLl^cord injuries, research. 78^statr44\!^^' ^^ ^*^*- ^^43.

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PUBLIC LAW 89-706-NOV. 2, 1966

[80

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Public Law 89-706 November 2, 1966 [ H. R. 647]

D.c. D e e d s of trust. Appointment of trustees. 31 Stat. 1271.

AN ACT To amend the Act of March 3, 1901, to permit the apiwintment of new trustees in deeds of t r u s t in the District of Columbia by agreement of the parties.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 522 of the Act entitled "An Act to establish a code of law for the District of Columbia", approved March 3, 1901, as amended (D.C, Code, sec. 45-603), is amended by inserting immediately after "a newtrustee" the following: "by agreement of the parties pursuant to section 538(b) (D.C. Code, sec. 45-614(b)) or", and by striking out "or trustee" in the proviso and inserting in lieu thereof the following: ", trustee, or new trustee", (b) Section 534 of such Act of March 3, 1901, as amended (D.C. Code, sec. 45-611), is amended by adding at the end thereof the following: "Nothing contained in this section shall prevent the appointment of a new trustee pursuant to section 538(b) (D.C. Code, sec. 45-614(b)) and the execution of the trusts of said deed of trust by such new trustee." (c) Section 537 of such Act of March 3, 1901, as amended (D.C. Code, sec. 45-619), is amended by adding at the end thereof the following: "Nothing contained in this section shall prevent the appointment of a new trustee pursuant to section 538(b) (D.C. Code, sec. 45-614(b)) and the execution of a deed of release by such new trustee." (d) Section 538 of such Act of March 3, 1901, as amended (D.C. Code, sec. 45-614), is amended by inserting " (a) " immediately before " I n case of the refusal" and by adding at the end thereof the following new subsection: "(b) Notwithstanding the provisions of subsection (a) of this section, and notwithstanding any provision in a deed of trust to the contrary, whenever the grantors named in, and the persons secured by, the deed of trust (or their successors in interest) so desire, they may by written agreement executed and acknowledged in the same manner as an absolute deed substitute any trustee named in the deed of trust with a new trustee. No written instrument entered into pursuant to this subsection shall be effective as to any person not having actual notice thereof until a notice of the appointment of the new trustee signed, sealed, and acknowledged by the parties agreeing to the appointment of the new trustee shall be recorded among the land records in the Office of the Recorder of Deeds." SEC. 2. The amendments made by the first section of this Act shall apply to all deeds of trust, whether entered into before, on, or after the date of enactment of this Act. Approved November 2, 1966.

Public Law 89-707 November 2, 1966 [ H. R. 872]

Indians. Offenses. 62 Stat. 758, 63 Stat. 94.

AN ACT To amend the provisions of title 18 of the United States Code relating to ofEenses committed in Indian country.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1153, offenses committed within Indian country, of title 18 of the United States Code is amended to read as follows: "§ 1153. Offenses committed within Indian country "Any Indian who commits against the person or property of another Indian or other person any of the following offenses, namely, murder, manslaughter, rape, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to

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1101

commit rape, incest, assault with intent to kill, assault with a dangerous weapon, arson, burglary, robbery, and larceny within the Indian country, shall be subject to the same laws and penalties as all other persons committing any of the above offenses, within the exclusive jurisdiction of the United States. "As used in this section, the offenses of rape and assault with intent to commit rape shall be defined in accordance with the laws of the State in which the offense was committed, and any Indian who commits the offenses of rape or assault with intent to commit rape upon any female Indian within the Indian country shall be imprisoned at the discretion of the court. "As used in this section, the offenses of burglary, assault with a dangerous weapon, and incest shall be defined and punished in accordance with the laws of the State in which such offense was committed." SEC. 2. Section 3242, Indians committing certain offenses; acts on ^^^^H^^^^'^'^' reservations, of title 18 of the United States Code is amended to read as follows: "All Indians committing any of the following offenses; namely, murder, manslaughter, rape, carnal knowledge of any female, not his wife, who has not attained the age of sixteen years, assault with intent to commit rape, incest, assault with intent to kill, assault with a dangerous weapon, arson, burglary, robbery, and larceny on and within the Indian country shall be tried in the same courts, and in the same manner, as are all other persons committing any of the above crimes within the exclusive jurisdiction of the United States." Approved November 2, 1966,
 * '§ 3242. Indians committing certain offenses; acts on reservations

Public Law 89-708 AN ACT To provide for the acquisition and preservation of the real property known as November 2, 1966 the Ansley Wilcox House in Buffalo, New York, as a national historic site. [H. R. 260O]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstand- H^us^i!^ wiicox ing any other provision of law, the Secretary of the Interior shall, Acquisition and subject to the provisions of section 2 of this Act, acquire on behalf of P'^eservation. the United States the real property described in section 3 of this Act, known as the Ansley Wilcox House, which real property is of national historic significance as the place in which Theodore Roosevelt took the oath of office as President of the United States on September 14, 1901, following the assassination of President William McKinley. The Secretary shall provide, in accordance with section 2 of this Act, for the operation and maintenance, at no expense to the United States of such property as a national historic site for the inspiration and benefit of the people of the United States. Donation of SEC. 2. (a) The Secretary shall not obligate or expend any moneys funds and servherein authorized to be.appropriated for acquisition and restoration ices. of the real property described m section 3, nor shall he establish such property as a national historic site in Federal ownership, unless and until commitments are obtained for donations of funds or services in an amount which in the judgment of the Secretary is sufficient to complete restoration of the property and to operate and maintain it for public benefit.

65-300 0-67—72

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Property description.

Appropriation.

PUBLIC LAW 89-708-NOV. 2, 1966

[80 STAT.

(b) The Secretary shall determine at the beginning of each fiscal year, beginning the first full fiscal year following the date of enactment of this Act, whether and to what extent donations of funds or services will be forthcoming for the purposes of subsection (a) of this section. If at any time following the.acquisition of the property referred to in the first section of this Act the Secretary finds that during the next full fiscal year donated funds or services will not be forthcoming in amounts sufficient to satisfactorily carry on or complete restoration or to continue the operation and maintenance of the property.as a national historic site in Federal ownership he shall, in accordance with such regulations as he may prescribe, dispose of such property at not less than its fair market value, as determined by him. The proceeds received from such disposal shall be credited to the Land and Water Conservation Fund in the Treasury of the United States. gj,^^ 3 'p]-^g j.gj^l propcrty referred to in the first section of this Act .

•

I

l

l

•!

1

!• n

IS more particularly described as lollows: All that tract or parcel of land, situate in the city of Buffalo, county of Erie, State of New York, and beginning at a point in the east line of Delaware Avenvie distant 110 feet southerly from the southerly line.of land of Catharine Marie Richmond, recorded in Erie County clerk's office in liber 247 of deeds at page 167; running thence easterly a distance of 110 feet; Running thence southerly a distance of 60 feet to a point in the north line of land of Morris Michael, recorded in Erie County clerk's office in liber 531 of deeds at page 335; running thence easterly and along the north line of land of the said Morris Michael 64 feet more or less, and continuing easterly on a line extended from the land of Morris Michael a further distance of 174 feet more or less to the westerly line of Franklin Street; running thence northerly along the westerly line of Franklin Street 110 feet; running thence westerly 134 feet; running thence northerly and parallel with Franklin Street 59.51 feet more or less to a point distant 40 feet more or less easterly from the southeast corner of lands of Amelia Stevenson, recorded in Erie County clerk's office in liber 669 at page 299; Running thence westerly 40 feet to the southeast corner of lands of the said Amelia Stevenson and continuing westerly in a line along the south line of the land of Catharine Marie Richmond a further distance of 174 feet more or less to the easterly line of Delaware Avenue; ruiming thence southerly along the easterly line of Delaware Avenue 110 feet to the place of beginning. And being subject to an easement as contained in a lease agreement dated January 6j 1959, between the landlord and the Liberty Bank of Buffalo covering a driveway ramp and automobile parking privileges, together with the right of ingress and egress to Delaware Avenue and Franklin Street, as contained in said lease. gj,^. ^ There is hereby authorized to be appropriated not more than $250,000 for the atiquisition and not more than $50,000 for the restoration of the real property,described in section 3 of this Act. Approved November 2, 1966.

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1103

PUBLIC LAW 89-709-NOV. 2, 1966

Public Law 89-709 AN ACT

November 2, 1966

To authorize a program for the construction of facilities for the teaching of veterinary medicine and a program of loans for students of veterinary medicine.

[H. R. 3348]

Be if emu-ted by the Semite and House of Representatives of the United States of America in Congress assembled, That this Act may he cited as the "Veteriiiary Medical Education Act of 19'66".

Act of 1966.

(iRANTS FOR VKTERlNARY M E D I C I N E T E A C H I N G F A C l L m E S

SEC. •>. (a) Section 720 of the Public Health Service Act (42 U.S.C. 298) is amended by inserting "veterinarians," after "podiatrists," each place where it appears. (b)(1) Subsections (b), (c), and (d) of section 721 of such Act are amended by inserting "veterinary medicine," after "podiatry,". (2) Subsection (d) of such section 721 is further amended by inserting "veterinarians," after "podiatrists,". (c) Paragraph (4) of section 724 of such Act is amended by inserting " 'school of veterinary medicine'," after " 'school of podiatry'," and by inserting "a degree of doctor of veterinary medicine or an equivalent degree," before "and a graduate degree". (d)(1) The first sentence of subsection (a) of section 725 of such Act is amended by striking out "sixteen" and inserting in lieu thereof "seventeen". (2) The second sentence of such subsection (a) is amended by (A) striking out "eight" and inserting in lieu thereof "nine" and (B) inserting "veterinary medicine," after "podiatry,". (3) The third sentence of such subsection (a) is amended by inserting "veterinary medicine," after "podiatry,". LOANS FOR STUDENTS OF ATErERINARY

79 Stat. 1056. 77 Stat. 165. 42 USC 293a.

42 USC 29 3d.

42 USC 293e.

MEDICINE

SEC. 8. (a) Subsection (a) of section 740 of the Public Health Service Act (42 U.S.C. 294) is amended by striking out "or optometry" and inserting in lieu thereof "optometry, or veterinary medicine". (b) Paragraph (4) of subsection (b) of such section 740 is amended by striking out "or doctor of optometry or an equivalent degree" and inserting in lieu thereof "doctor of optometry or an equivalent degree, or doctor of veterinary medicine or an equivalent degree". (c) Subsection (b) of section 741 of the Public Health Service Act (42 U.S.C. 294a) is amended by striking out "or doctor of optometry or an equivalent degree" and inserting in lieu thereof "doctor of optometry or an equivalent degree, or doctor of veterinary medicine or an equivalent degree". (d) Subsection (c) of such section 741 is amended by striking out "or optometry" and inserting in lieu thereof "optometry, or veterinary medicine". (e) Section 742(a) of the Public Health Service Act is amended by inserting immediately after the first sentence thereof the following new sentence: "In addition to the sums authorized to be appropriated by the preceding sentence, there are authorized to be appropriated $500,000 for the fiscal year ending June 30, 1967, $1,000,000 for the fiscal year ending June 30, 19(i8, and $1,500,000 for the fiscal year ending June 30, 1969, which sums shall be available for carrying out this part (other than section 744) solely with respect to students of veterinary medicine." Approved November 2, 1966.

7-7 Stat. 170; 78 Stat. 1086.

77 Stat. 172. 42 USC 294b.

42 USC 294d.-

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 1104

PUBLIC LAW 89-710-NOV. 2, 1966

[80 STAT.

Public Law 89-710 November 2, 1966

-^^ ACT

[H. R. 3993]

To authorize the issuance of certificates of citizenship in the Canal Zone.

t%^ic\452.'

Be H enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 101 (a) (38) of the Immigration and Nationality Act (66 Stat. 171; 8 I'.S.C. 1101 (a) (38)), is amended by adding thereto the following sentence: "For the purpose of issuing certificates of citizenship to persons Avho are citizens of the Ignited States, the term 'United States' as used "^ section 341 of this Act includes the Canal Zone." Approved November 2, 1966. ^

Public Law 89-711 November 2, 1966

'- ' •

•'

"ta^rcus°o'dy.^' 6 2 Stat. 965.

AN ACT

Relating to applications for writs of liabeas corpus by persons in custody pursuant to judgments of State courts.

Be it enacted by the Senate and House of Representatives of the Vnitcd States of America In Congress assembled. That section 2244 of title 28, I^uitcd States Code, is amended (a) by inserting at the beginning of the text thereof the subsection designation " (a) ", (b) by striking out of such section the words ", or of any State," and (c) by inserting in such section at the end thereof two additional subsections to read as follows: " (b) When after an evidentiary hearing on the merits of a material factual issue, or after a hearing on the merits of an issue of law, a person in custody pursuant to the judgment of a State court has been denied by a court of the United States or a justice or judge of the United States release from custody or other remedy on an application for a writ of habeas corpus, a subsequent application for a writ of habeas corpus in behalf of such person need not be entertained by a court of the United States or a justice or judge of the United States unless the application alleges and is predicated on a factual or other ground not adjudicated on the hearing of the earlier application for the writ, and unless the court, justice, or judge is satisfied that the applicant has not on the earlier application deliberately withheld the newly asserted ground or otherwise abused the writ. "(c) I n a habeas corpus proceeding brought in behalf of a person in custody pursuant to the judgment of a State court, a prior judgment of the Supreme Court of the United States on an appeal or review by a writ of certiorari at the instance of the prisoner of the decision of such State court, shall be conclusive as to all issues of fact or law with respect to an asserted denial of a Federal right which constitutes ground for discharge in a habeas corpus proceeding, actually adjudicated by the Supreme Court therein, unless the applicant for the writ of habeas corpus shall plead and the court shall find the existence of a material and controlling fact which did not appear in the record of the proceeding in the Supreme Court and the court shall further find

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PUBLIC LAW 89-711-NOV. 2, 1966

that the applicant for the writ of habeas corpus could not have caused such fact to appear in such record by the exercise of reasonable diligence." SEC. 2. Section 2254 of title 28, United States Code is amended— (a) by amending the catchline of the section to read as follows: "§2254. State custody; remedies in Federal courts." (b) by inserting in such section, immediately after the catchline thereof, the following new subsection: •'(a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus in behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States."; and (c) by inserting at the beginning of the two paragraphs thereof existing on the day preceding the date of enactment of this Act the subsection designations " (b) " and " (c) ", respectively; and (d) by inserting immediately after such paragraphs the following new subsections " (d) ", " (e)", and " (f) "; " (ni) I n any proceeding instituted in a Federal court by an application for a writ of habeas corpus by a person in custody pursuant to the judgment of a State court, a determination after a hearing on the merits of a factual issue, made by a State court of competent jurisdiction in a proceeding to which the applicant for the writ and the State or an officer or agent thereof were parties, evidenced by a written finding, written opinion, or other reliable and adequate written indicia, shall be presumed to be correct, unless the applicant shall establish or it shall otherwise appear, or the respondent shall admit— " (1) that the merits of the factual dispute were not resolved in the State court hearing; "(2) that the facthnding procedure employed by the State court was not adequate to afford a full and fair hearing; "(3) that the material facts were not adequately developed at the State court hearing; "(4) that the State court lacked jurisdiction of the subject matter or over the person of the applicant in the State court proceeding; "(5) that the applicant w'as an indigent and the State court, in deprivation of his constitutional right, failed to appoint counsel to represent him in the State court proceeding; " (6) that the applicant did not receive a full, fair, and adequate hearing in the State court proceeding; or "(7) that the applicant was otherwise denied due process of law in the State court proceeding; " (8) or unless that part of the record of the State court proceeding in which the determination of such factual issue was made, pertinent to a determination of the sufficiency of the evidence to support such factual determination, is produced as provided for hereinafter, and the Federal court on a consideration of such part of the record as a whole concludes that such factual determination is not fairly supported by the record: And in an evidentiary hearing in the proceeding in the Federal court, when due proof of such factual determination has been made, unless

1105

62 Stat. 967.

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 1106

PUBLIC LAW 89-712-NOV. 2, 1966

[80

STAT.

the existence of one or more of the circumstances respectively set forth in paragraphs numbered (1) to (7), inclusive, is shown by the applicant, otherwise appears, or is admitted by the respondent, or unless the court concludes pursuant to the provisions of paragraph numbered (8) that the record in the State court proceeding, considered as a whole, does not fairly support such factual determination, the burden shall rest upon the applicant to establish by convincing evidence that the factual determination by the State court was erroneous. "(e) If the applicant challenges the sufficiency of the evidence adduced in such State court proceeding to support the State court's determination of a factual issue made therein, the applicant, if able, shall produce that part of the record pertinent to a determination of the sufficiency of the evidence to support such determination. If the applicant, because of indigency or other reason is unable to produce such part of the record, then the State shall produce such part of the record and the Federal court shall direct the State to do so by order directed to an appropriate State official. If the State cannot provide such pertinent part of the record, then the court shall determine under the existing facts and circumstances what weight shall be given to the State court's factual determination. '•(f) A «-opy of the official records of the State roiirt, duly certified by the clerk of such court to be a, true and cori'ect copy of a finding, judicial opinion, or other reliable written indicia showing such a factual determination by the State couit shall be admissible in the Federal court proceeding." SEC. ii. Item 2254 in the analysis of chapter 15B of title 28, United States Code, immediately preceding section 2241 thereof, is amended to read a>; follows: "SH<-. ^22.^>4. St;i(«' custody: nMiitMlies in F"e(lenil courts."

Approved November 2, 1966.

Public Law 89-712 November 2, 1966 [H. R. 5990]

P a n a m a Canal. Benefits to certain former employees.

AN ACT To grant increased benefits to persons receiving cash relief under the Panama Canal Cash Relief Act of July 8, 1937.

Be it enacted by the Senate and House of Representatives of the United iState-H of America in Congress assembled, That subsection 181 (b) of title 2, Canal Zone Code, approved October 18, 1962 (76A Stat. 20), is amended to read as follows: "(b) An additional amount of $20 per month shall be paid to each person who receives payment of cash relief under subsection (a) of this section and shall be allowed without regard to the limitations contained therein.'' SEC. 2. This Act shall take effect on the first day of the month following that in which it is enacted. Approved November 2, 1966.

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1107

PUBLIC LAW 89-713-NOV. 2, 1966

Public Law 89-713 AN ACT To amend the Internal Revenue Code of 1954 to promote savings under the Internal Revenue Service's automatic data processing system.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

November 2, 1966

[H. R. 6958]

of the

SECTION 1. CENTRALIZED FILING OF RETURNS AND PAYMENT OF TAX. (a) PLACE FOR FILING RETURNS.—Section 6091(b) of the Internal

Revenue Code of 1954 (relating to place for filing certain tax returns) is amended— (1) by amending paragraphs (1) and (2) to read as follows—

Taxes. Direct filing of returns.

68A Stat. 752. 26 USC 6 0 9 1.

" (1) PERSONS OTHER THAN CORPORATIONS.— " (A) GENERAL RULE.—Except as provided in subpara-

graph (B), a return (other than a corporation return) shall be made to the Secretary or his delegate— " (i) in the internal revenue district in which is located the legal residence or principal place of business of the person making the return, or "(ii) at a service center serving the internal revenue district referred to in clause (i), as the Secretary or his delegate may by regulations designate. " (B) EXCEPTION.—Returns of—

" (i) persons who have no legal residence or principal place of business in any internal revenue district, "(ii) citizens of the United States whose principal place of abode for the period with respect to which the return is filed is outside the United States, "(iii) persons who claim the benefits of section 911 (relating to earned income from sources without the United States), section 931 (relating to income from sources within possessions of the United States), or section 933 (relating to income from sources within Puerto Rico), and "(iv) nonresident alien persons, shall be made at such place as the Secretary or his delegate may by regulations designate. " (2) CORPORATIONS.— " (A) GENERAL RULE.—Except as provided in subpara-

, return of a §raph (B)orahis delegate—corporation ecretary

shall be made to the

" (i) in the internal revenue district in which is located the principal place of business or principal office or agency of the corporation, or "(ii) at a service center serving the internal revenue district referred to in clause (i), as the Secretary or his delegate may by regulations designate. " (B) EXCEPTION.—Returns of—

"(i) corporations which have no principal place of business or principal office or agency in any internal revenue district, "(ii) corporations which claim the benefits of section 922 (relating to special deduction for Western Hemisphere trade corporations), section 931 (relating to income from sources within possessions of the United States), or section 941 (relating to the special deduction for China Trade Act corporations), and

76 Stat. 1003.

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PUBLIC LAW 89-713-NOV. 2, 1966

[80 STAT.

"(iii) foreign corporations, shall be made at such place as the Secretary or his delegate may by regulations designate." (2) by redesignating paragraph (4) as paragraph (5) and by striking "or (3) " and inserting in lieu thereof " (3), or (4) "; and (3) by adding after paragraph (3) the following: " (4) HAND-CARRIED RETURNS.—Notwithstanding paragraph (1)

or (2), a return to which paragraph (1)(A) or (2)(A) would apply, but for this paragraph, which is made to the Secretary or his delegate by hand carrying shall, under regulations prescribed by the Secretary or his delegate, be made in the internal revenue district referred to in paragraph (l)(A)(i) or (2)(A)(i), as the case may be." (b) PLACE FOR PAYING TAX SHOWN ON RETURN.—Section 6151(a)

68A Stat. 757.

72 Stat. 512.

of such Codc (relating to time and place for paying tax shown on return) is amended by striking out "to the principal internal revenue officer for the internal revenue district in which the return is required to be filed" and inserting in lieu thereof "to the internal revenue officer with whom the return is filed". SEC. 2. RELATED AMENDMENT CONCERNING VENUE FOR CRIMINAL CASES. Section 3237(b) of title 18 of the United States Code (relating to offenses committed in more than one district) is amended by striking out "where an offense involves use of the mails and is an offense described in section 7201 or 7206 (1), (2), or (5) of the Internal Revenue Code of 1954" and by inserting m lieu thereof "where an offense is described in section 7203 of the Internal Revenue Code of 1954, or where an offense involves use of the mails and is an offense described in section 7201 or 7206 (1), (2), or (5) of such Code". SEC. 3. RELATED AMENDMENTS CONCERNING VENUE FOR CIVIL CASES. (a) ABOLITION or REFUND SUITS AGAINST COLLECTION OFFICERS.—

26^1180^74^2^'

Section 7422 of the Internal Revenue Code of 1954 (relating to civil actions for refund) is amended by redesignating subsection (f) as subsection (g) and inserting after subsection (e) the following new subsection: "(f)

6 2 Stat. 976.

LIMITATION ON R I G H T or ACTION FOR REFUND.— " (1) GENERAL RULE.—A suit or proceeding referred

to in subsection (a) may be maintained only against the United States and not against any officer or employee of the United States (or former officer or employee) or his personal representative. Such suit or proceeding may be maintained against the United States notwithstanding the provisions of section 2502 of title 28 of the United States Code (relating to aliens' privilege to sue). "(2) MISJOINDER AND CHANGE OF VENUE.—If a suit or proceeding brought in a United States district court against an officer or employee of the United States (or former officer or employee) or his personal representative is improperly brought solely by virtue of paragraph (1), the court shall order, upon such terms as are just, that the pleadings be amended to substitute the United States as a party for such officer or employee as of the time such action commenced, upon proper service of process on the United States. Such suit or proceeding shall upon request by the United States be transferred to the district or division where it should have been brought if such action initially had been brought against the United States." (b) TECHNICAL AMENDMENT.—Section 2502 of title 28 of the United States Code (relating to aliens' privilege to sue under Court of Claims procedure) is amended by striking out "Citizens o r " and inserting in

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lieu thereof " (a) Citizens or"" and by adding at the end thereof the following: exception with respect to suits involving internal revenue taxes." (c) VENUE FOR EEVIEW or TAX COURT DECISIONS.—Section 7482 (b)(1) of the Internal Revenue Code of 1954 (relating to venue foireview of decisions of the Tax Court) is amended to read as follows: "(1) I N GENERAI..—Except as otherwise provided in paragraph (2), such decisions may be reviewed by the United States court of appeals for the circuit in which is located— " (A) in the case of a petitioner seeking redetermination of tax liability other than a corporation, the legal residence of the petitioner, " (B) in the case of a corporation seeking redetermination of tax liability, the principal place of business or principal office or agency of the corporation, or, if it has no principal place of business or principal office or agency in any judicial circuit, then the office to which was made the return of the tax in respect of which the liability arises. If for any reason neither subparagraph (A) nor (B) applies, then such decisions may be reviewed by the Court of Appeals for the District of Columbia. For purposes of this paragraph, the legal residence, principal place of business, or principal office or agency referred to herein shall be determined as of the time the petition seeking redetermination of tax liability was filed with the Tax Court." (d) EFFECTIVE DATES.—The amendments made by subsections (a) and (b) shall apply to suits brought against officers, employees, or personal representatives referred to therein which are instituted 90 days or more after the date of the enactment of this Act. The amendment made by subsection (c) shall apply to all decisions of the Tax Court entered after the date of enactment of this Act. SEC. 4. PUBLICITY OF RETURNS AND DISCLOSURE OF INFORMATION. (a) DISCLOSURE OF INFORMATION AS TO PERSONS FILING INCOME TAX
 * '(b) See section 7422(f) of the Internal Revenue Code of 1954 for

RETURNS.—Section 6103 of the Internal Revenue Code of 1954 (relating to publicity of returns and lists of taxpayers) is amended— (1) by striking out— "SEC. 6103. PUBLICITY OF RETURNS AND LISTS OF TAXPAYERS." and inserting in lieu thereof the following: "SEC. 6103. PUBLICITY OF RETURNS AND DISCLOSURE OF INFORMATION AS TO PERSONS FILING INCOME TAX RETURNS."; and (2) by striking out subsection (f) and inserting in lieu thereof the following: " (f) DISCLOSURE OF INFORMATION AS TO PERSONS F I L I N G INCOME TAX

RETURNS.—The Secretary or his delegate shall, upon inquiry as to whether any person has filed an income tax return in a designated internal revenue district for a particular taxable year, furnish to the inquirer, in such manner as the Secretary or his delegate may determine, information showing that such person has, or has not, filed an income tax return in such district for such taxable year." (b) TECHNICAL AMENDMENT.—The table of sections for subchapter i^ of chapter 61 of such Code is amended by striking out— "Sec. 6103. Publicity of returns and lists of taxpayers." and inserting in lieu thereof the following: •'Sec. 6103. Publicity of returns and disclosure of information as to persons filing income tax returns."

1109

Ante, p. 1 108. 68A Stat. 890. 26 USC 7482.

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PUBLIC LAW 89-713-NOV. 2, 1966

[80 STAT.

(c) L I S T OF SPECIAL TAXPAYERS FOR PUBLIC INSPECTION.—Section

2^1jsc?6 07^"

^^ and ried SEC.

^^ such Code is amended by striking out "within such district." inserting in lieu thereof "with respect to a trade or business caron within such district.". 5. TIMELY MAILING TREATED AS TIMELY FILING EXTENDED TO RETURNS AND TO PAYMENTS. (a) IN GENERAL.—Section 7502 (relating to timely mailing treated as timely filing) is amended to read as follows: "SEC. 7502. TIMELY MAILING TREATED AS TIMELY FILING AND PAYING. " (a) GENERAL RULE. — "(1) DATE OF DELIVERY.—If any return, claim, statement, or

other document required to be filed, or any payment required to be made, within a prescribed period or on or before a prescribed date under authority of any provision of the internal revenue laws is, after such period or such date, delivered by United States mail to the agency, officer, or office with which such return, claim, statement, or other document is required to he filed, or to which such payment is required to be made, the date of the United States postmark stamped on the cover in which such return, claim, statement, or other document, or payment, is mailed shall be deemed to be the date of delivery or the date of payment, as the case may be. "(2) MAILING REQUIREMENTS.—This subsection shall apply only if— " (A) the postmark date falls within the prescribed period or on or before the prescribed date— "(i) for the filing (including any extension granted for such filing) of the return, claim, statement, or other document, or "(ii) for making the payment (including any extension granted for making such payment), and " (B) the return, claim, statement, or other document, or payment was, within the time prescribed in subparagraph (A), deposited in the mail in the United States in an envelope or other appropriate wrapper, postage prepaid, properly addressed to the agency, officer, or office with which the return, claim, statement, or other document is required to be filed, or to which such payment is required to be made. "(b) POSTMARKS.—This section shall apply in the case of postmarks not made by the United States Post Office only if and to the extent provided by regulations prescribed by" the Secretary or his delegate. " (c) REGISTERED AND CERTIFIED MAILING.— "(1) REGISTERED MAIL.—For purposes of this section, if any

such return, claim, statement, or other document, or payment, is sent by United States registered mail— " (A) such registration shall be prima facie evidence that the return, claim, statement, or other document was delivered to the agency, officer, or office to which addressed, and " (B) the date of registration shall be deemed the postmark date. " (2) CERTIFIED MAIL.—The Secretary or his delegate is authorized to provide by regulations the extent to which the provisions of paragraph (1) of this subsection with respect to prima facie evidence of delivery and the postmark date shall apply to certified mail. " (d) EXCEPTIONS.—This section shall not apply with respect to— "(1) the filing of a document in, or the making of a payment to, any court other than the Tax Court,

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94 (here a knight and a friend of the hero's corresponds to the normal form of the episode in that Oliver pays the creditors and the sum necessary for the man's interment. So, too, the demand made by the ghost for half of all that has been won runs true to the original form. The distinctive trait of Amis and Amiloun, at the same time, comes out more clearly than in the case of such folktales as Gaelic—the hero actually kills his little children to save the life of his old friend and foster-brother. One factor leads me to think that the romance and the two romantic plays are to be regarded as forms of the general type treated in this chapter, with additions from other stories. The ghost rescues the hero from imprisonment. A rescue of the sort—normally after the hero has been cast into the sea or left behind by his rival—is characteristic of The Grateful Dead + The Ransomed Woman. In Oliver this rescue takes place, to be sure, after the marriage instead of before, which is the normal order, yet it is a factor of considerable importance. The romance takes a position somewhat apart; and even though this is partly due to the literary handling which it has undergone, it must remain doubtfully classed with the immediate circle of variants belonging to the compound type.

The position of the play by Lope de Vega is involved with that of Oliver. Don Juan de Castro flees to England because of the unlawful love of his stepmother, the Princess of Galicia. His ship is wrecked on the English coast, and the captain, Tibaldo, is cast ashore in a dying condition. To free the latter's mind from unrest, Don Juan pays his debts of two thousand ducats, though this is half of the hero's possessions. He hears that the princess Clarinda is promised to anyone of princely blood who wins an approaching tournament. While he

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Rh is sorrowful that he cannot enter the contest, because of his poverty, the ghost of Tibaldo appears to him one night and promises the necessary equipment on condition of receiving one-half the gains. The next morning he finds everything ready and wins the princess. He is later taken prisoner by one of the contestants through a ruse, and is carried off to Ireland. By the ghost's advice, his stepbrother and double comes to London and takes his place, while Don Juan is freed by force of arms and restored to his wife. After some years, when the couple have two children, the stepbrother falls ill of a dreadful malady, which can only be cured, Don Juan learns in a dream, by the blood of his children. So he slays them and gives their blood to the sick man to drink. They are found alive by a miracle; but Don Juan is troubled, and does not find rest till the ghost appears and tells him that the only remedy for his affliction is to fulfil his promise of a division. The hero prepares to divide his wife, when the ghost stops him and explains that the demand was only a test.

As Schaeffer pointed out, Lope's plot is clearly taken from Oliver, probably from the Spanish translation issued in 1499. Indeed, the drama follows the romance with far more fidelity than could have been expected of such an adaptation. The various elements of the motive appear without essential alteration.

The play El mejor amigo el muerto, listed for convenience as Calderon, has suffered, in contrast to Lope's play, from many changes. Prince Robert of Ireland and Don Juan de Castro are wrecked on the English coast. The former finds the sea-captain Lidoro in a dying condition, and refuses to give him aid. Don Juan, on the other hand, finds Lidoro's body, which a creditor keeps from interment, and pays for his burial out of his scanty savings from the wreck. He then goes to London,

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96 where there is trouble because Queen Clarinda will not marry Prince Robert. Don Juan is cast into prison on a false charge, his identity being unknown to the queen, though he is recognized by Robert. He is saved by the aid of Lidoro's ghost, nevertheless, lays siege for Clarinda's hand, overcomes Robert, and so becomes king of England.

The correspondence of names and details makes it clear that the source of this play is Lope de Vega, though the plot has been modified in several features. In the process of adaptation all trace of The Two Friends has dropped out, a fact which would make the position of the variant difficult to ascertain, had the authors not left most of the characters their original names. The change in the position of the rescue of the hero from prison, indeed, gives a specious resemblance to the normal type The Grateful Dead+The Ransomed Woman, which is quite unjustified by the real state of the case.

All the other variants in which there is question of dividing a child, save one, are folk-tales; and all of them save three clearly belong in the category now under discussion. If they did not group themselves in this way, I should be unwilling even to consider the possibility of any general influence from The Two Friends upon these tales, since the only trait borrowed by any of them is precisely the division. Only in Oliver and Lope de Vega is this sacrifice made for the healing of a friend; and we have seen in the case of Transylvanian, Gaelic, and Breton III. how naturally the division of the child grows out of the division of the wife. As the matter stands, however, the case for the influence of The Two Friends is sufficiently strong to warrant the grouping of these tales together. The general

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98 Orimanie. There he pays the debts and secures the burial of a corpse which is being devoured by dogs. He also ransoms two slave girls, one of whom he marries and takes home. The woman is the daughter of the King of Portugal. While taking her to her father's court, Jean is separated from her by a treacherous general, but is saved by the grateful dead, and enabled to rejoin his wife. Later the ghost, who appears in the form of a man, demands half of their son according to the agreement of division which they have made. When Jean gives him the child to divide, the stranger praises his loyalty and disappears.

This story has all the characteristics of the type The Grateful Dead + The Ransomed Woman + the demand that the hero's son be divided. In general outline it is scarcely distinguishable from Lithuanian II., save that the hero Jean is a merchant's son instead of a prince. In details, however, it differs considerably. For example, Jean marries one of the captive maidens as soon as he buys her; there is no question of signs by which the hero is recognized by his wife's father or by the princess herself; and the ghost is less dilatory in his demands. Some of these differences are doubtless to be accounted for through the unfaithfulness of the rendering, which is semi-literary.

At all events, Jean de Calais III., IV., and V., all three of which were heard on the Riviera, have several changes from I., though they vary from one another only in very minor matters. A single analysis will suffice for the three. Jean de Calais, the son of a merchant, on his first voyage gives all his profits to bury the corpse of a deceased debtor. On his second he ransoms a beautiful woman (with or without a

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Rh relationship of the theme may be deferred to a later chapter.

Lithuanian II. is a characteristic specimen of the class of tales just referred to. A prince, while travelling, sees a corpse gnawed by swine in a street. He pays the man's creditors for his release and has the body buried. Later, on the same journey, he buys two maidens, one of whom is a king's daughter, and takes them home. After a year he goes on a second journey with the princess's picture for a figure-head on his ship, and a ring, which she has given him. The picture is recognized by the maiden's father, and the prince is sent back in the company of certain nobles to fetch her. While they are returning to her home with the princess, one of the nobles pushes the prince overboard. He lives on an island for two years, until a man comes to him and promises to bring him to court before the princess marries the traitor, on condition of receiving his first-born son. The agreement is made, and the prince wins his bride. After a son has been born to them, the man appears and demands the child. He is put off for fifteen years, and at the end of that time explains that he is the ghost of the rescued dead man.

All the traits of the compound type, as it has already been analyzed, are here apparent, save that the sacrifice of the child is substituted for that of the wife. The variant does not demand any further comment.

We come now to the various forms of Jean de Calais, which make up a little group by themselves. The ten examples of the story that I have been able to find differ from one another sufficiently to make separate analyses of most of them necessary.

The version by Mme. de Gomez (I.) runs as follows: Jean, the son of a rich merchant at Calais, while on a journey, comes to the city of Palmanie on the island of

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text: 1911 Encyclopædia Britannica/Amatitlán

title: 1911 Encyclopædia Britannica/Amatitlán


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 80 STAT. ]

PUBLIC LAW 89-714-NOV. 2, 1966

1111

"(2) currency or other medium of payment unless actually received and accounted for, or "(3) returns, claims, statements, or other documents, or payments, which are required under any provision of the internal revenue laws or the regulations thereunder to be delivered by any method other than by mailing." (b) TABLE OF SECTIONS.—The table of sections for chapter 77 is amended by striking out^— "Sec. 7502. Timely mailing treated a s timely filing."

and inserting in lieu thereof "See. 7502. Timely mailing treated a s timely filing and paying."

(c) ErrECTivE DATE.—The amendments made by this section shall apply only if the mailing occurs after the date of the enactment of this Act. SEC. 6. EFFECTIVE DATES. Except as otherwise provided in this Act, the amendments made by this Act shall take effect upon the date of the enactment of this Act. SEC. 7. REASONABLE COST FOR REIMBURSEMENT OF PROPRIETARY EXTENDED CARE FACILITIES UNDER HEALTH INSURANCE FOR THE AGED. Section 1861(v)(1) of the Social Security Act is amended by adding at the end thereof the following new sentences: "Such regulations in the case of extended care services furnished by proprietary facilities shall include provision for specific recognition of a reasonable return on equity capital, including necessary working capital, invested in the facility and used in the furnishing of such services, in lieu of other allowances to the extent that they reflect similar items. The rate of return recognized pursuant to the preceding sentence for determining the reasonable cost of any services furnished in any fiscal period shall not exceed one and one-half times the average of the rates of interest, for each of the months any part of which is included in such fiscal period, on obligations issued for purchase by the Federal Hospital Insurance Trust Fund." Approved November 2, 1966.

79 Stat. 313. 42 USC 1395x.

Public Law 89-714 AN ACT

November 2, 1966

To jinieiid section l a o i of title 28 of the United States Code relating to venue.

[H. R. 7382]

J^e it enacted by the Senate art^d House of Reprenentattciei^ of the United States of America in Congress assembled. That subsections District o u r t s. Venue. (a) and (b) of section 1H91 of title 28 of the United States Code are 62 Stat. 935. amended to read as follows: " (a) A civil action wherein jurisdiction is founded only on diversity of citizenship may, except as otherwise provided by law, be brought only in the judicial district where all plaintiff's or all defendants reside, or in which the claim arose. " (b) A civil action wherein jurisdiction is not founded solely on diversity of citizenship may be brought only in the judicial district where all defendants reside, or in which the claim arose, except as otherwise provided by law." SEC. 2. Subsection (f) of section 1891, title 28, United States Code, Repeal, is hereby repealed. ^^ s*^'- ^73. Approved November 2, 1966.

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PUBLIC LAW 89-715-NOV. 2, 1966

[80

STAT.

Public Law 89-715 November 2, 1966 [H. R. 7648]

San Xavier and Salt River PimaMaricopa Indian Reservations. Leases.

Covenant provision.

Right to bring suit in U.S. District Court.

Notification of lease provisions.

Non-Indian lessees.

AN ACT To authorize long-term leases on the San Xavier and Salt River Pima-Maricopa Indian Reservations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America 171 Congress assembled, That any trust or restricted Indian lands, whether tribally or individually owned, located on the San Xavier Indian Reservation and the Salt River Pima-Maricopa Indian Reservation, in the State of Arizona, may be leased by the Indian owners, with the approval of the Secretary of the Interior, for public, religious, educational, recreational, residential, business, farming or grazing purposes, including the development or utilization of natural resources in connection with operations under such leases, but no lease shall be executed under this Act for purposes that are subject to the laws governing mining leases on Indian lands. The term of a grazing lease shall not exceed ten years, the term of a farming lease that does not require the making of a substantial investment in the improvement of the land shall not exceed ten years, and the term of a farming lease that requires the making of a substantial investment in the improvement of the land shall not exceed forty years. The term of any other lease shall not exceed ninety-nine years. No lease shall contain an option to renew which, if exercised, will extend the total term beyond the maximum term permitted by this Act. The Secretary of the Interior shall not approve any lease with a term that is longer than is necessary in his judgment to obtain maximum economic benefits for the Indian owners. SEC. 2. (a) Every lease entered into under the first section of this Act shall contain a covenant on the part of the lessee that he will not commit or permit on the leased land any act which causes waste or a nuisance or which creates a hazard to health of persons or to property, wherever such persons or property may be. (b) The State of Arizona, or any political subdivision thereof contiguous with the San Xavier or Salt River Pima-Maricopa Indian Reservation, may bring suit, without regard to the amount in controversy, in the United States District Court for the District of Arizona to abate or enjoin any violation of the covenant required under section 2(a) of this Act: Provided, That if, by reason of the citizenship of the parties and the law applicable to the cause of action, the District Court finds it lacks jurisdiction to hear and determine such suit, it may be brought in any court of competent jurisdiction of the State of Arizona. SEC. 3. (a) The Secretary of the Interior shall, before he approves any lease under this Act for public, religious, educational, recreational, business, or residential purposes and if he determines that such lease will substantially affect the governmental interests of a municipality described hereunder, notify the appropriate authorities of any municipality contiguous to the San Xavier or Salt River Pima-Maricopa Reservation, as the case may be, of the pendency of the proposed lease and, in his discretion, furnish them with an outline of the major provisions of the lease which affect such governmental interests and shall consider any comments on the terms of the lease affecting the municipality, or on the absence of such terms from the lease, that such authorities may offer within such reasonable period, but not more than thirty days, as the Secretary may prescribe m his notice to them. (b) I t is the intent of the Congress that the terms under which lands located on the San Xavier and Salt River Pima-Maricopa Reservations are developed by non-Indian lessees shall, to the extent reasonably possible, be similar to those applicable under State or local

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PUBLIC LAW 89-715-NOV. 2, 1966

1113

law to the development of non-Indian lands in the municipalities contiguous thereto. n d of SEC. 4. Trust or restricted lands of deceased Indians located on the c eL a e d s I n d ide-s. as an San Xavier and Salt River Pima-Maricopa Reservations may be leased under this Act, for the benefit of their heirs or devisees, in the circumstances and by the persons prescribed in the Act of July 8, 1940 (54 Stat. 745; 25 U.S.C. 380): Provided, That if the authority of the Secretary under this section is delegated to a subordinate official, then any heir or devisee shall have the right to appeal the action of any such official to the Secretary under such rules and regulations as he may prescribe. SEC. 5. No rent or other consideration for the use of land leased Payment of rent. under this Act shall be paid or collected more than one year in advance, unless so provided m the lease. SEC. 6. The Secretary of the Interior shall approve no lease pursuant to this Act that contains any provision that will prevent or delay a termination of Federal trust responsibilities with respect to the land during the term of the lease. SEC. 7. Individual or tribal owners of trust or restricted Indian p uLand e for public rpos s. land on the San Xavier and Salt River Pima-Maricopa Reservations may, with the approval of the Secretary, dedicate land to the public for streets, alleys, or other public purposes under those laws of the State of Arizona that are applicable to the dedication of land for public purposes. Contract SEC.N 8. The Papago Council and the Salt River Pima-Maricopa water, s e w eforg e, ra etc. Community Council, with the approval of the Secretary of the Interior, may contract with the State of Arizona or its political subdivisions tor the furnishing of water, sewerage, law enforcement, or other public services on terms and conditions deemed advantageous to the tribe and individual Indian landowners. SEC. 9. The Papago Council and the Salt River Pima-Maricopa ij^^°gj"^ re'^u^a-^'^" Community Council, with the consent of the Secretary of the Interior, uons. are hereby authorized, for their respective reservations, to enact zoning, building, and sanitary regulations covering the lands on their reservations for which leasing authority is granted by this Act in the absence of State civil and criminal jurisdiction over such particular lands, and said councils may contract with local municipalities for assistance in preparing such regulations. Restrictions. SEC. 10. Nothing contained in this Act shall— (a) authorize the alienation, encumbrance, or taxation of any interest in real or personal property, including water rights, held in trust by the United States or held by an individual Indian, the Papago Tribe or the Salt River Pima-Maricopa Community subject to a restriction against alienation imposed by the United States, or any income therefrom: Provided, That the foregoing shall not affect the power to lease as provided in the first section of this Act or the power to dedicate as provided in section 7 of this Act and shall not affect or abridge any right of the State of Arizona or its political subdivisions to tax non-Indian leasehold and possessory interests, buildings, improvements and per^^onal property located on the San Xavier and Salt River Pima-Maricopa Reservations and not owned by Papago or Pima-Maricopa Indians residing thereon; (b) confer jurisdiction on the State of Arizona to adjudicate in probate proceedings or otherwise the ownership or right to possession of trust or restricted property or any interests therein; (c) al^er or abridge in any way the authority of public school districts to include areas within the San Xavier and Sa^t R'ver Pima-JNIaricopa Reservation;

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Mission San Xavier del B a c.

PUBLIC LAW 89-716-NOV. 2, 1966

[80

STAT.

(d) be construed to repeal any authority to lease or mortgage trust or restricted Indian lands conferred by or pursuant to any other provision of law. SEC. 11. Nothing in this Act shall authorize the Secretary to approve any development which would detract from the scenic, historic, and religious values of the Mission San Xavier del Bac owned by the Franciscan Order of Friars Minor and located on the San Xavier Reservation. Approved November 2, 1966.

Public Law 89-716 November 2, 1966 [H. R. 7 9 7 3 ]

U.S. Military Academy. 70A Stat. 240.

AN ACT To amend section 4339 of title 10, United States Code.

Be it enacted by the Senate and House of Representatives of the United /States of America In Congress assembled, That section 4339 of title 10, United States Code, is repealed. SEC. 2. The organist and choirmaster and the civilian instructors in the departments of foreign languages and tactics at the United States Military Academy who are serving under appointments made prior to January 17, 1963, are entitled to public quarters without charge, and to fuel and light without charge when they occupy public quarters. Approved November 2, 1966.

Public Law 89-717 November 2, 1966 [H. R. 8917]

Omaha Tribe of Indians. Judgement funds.

AN ACT To provide for the disposition of funds appropriated to pay a judgment in favor of the Omaha Tribe of Nebraska, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America In Congress assembled, That from the funds on deposit in the Treasury of the United States to the credit of the Omaha Tribe of Nebraska that were appropriated by the Act of June 9, 1964, to pay a judgment obtained by the tribe in Indian Claims Commission docket numbered 138, after deduction of attorney fees, litigation expenses, and such sums as may be required to distribute individual shares, the Secretary of the Interior shall make a per capita distribution of no more than $270 to each person living on the date of this Act whose name appears on the roll of the tribe prepared pursuant to Section 1 of the Act of September 14, 1961 (75 Stat. 508), and to each child living on the date of this Act who was born after September 14, 1961, and who possesses aboriginal Omaha blood of the degree of one-fourth or more except for any such child who is enrolled with any other tribe of Indians. The balance of such funds, and the interest thereon, may be advanced or expended for any purpose that

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 80 STAT. ]

PUBLIC LAW 89-718-NOV. 2, 1966

1115

is authorized by the tribal governing body and approved by the Secretary. The amount of $150,000 of said funds and any interest thereon shall not be distributed, advanced or expended until said $150,000 and any interest thereon becomes available for disbursement pursuant to the terms of the final judgment dated April 14, 1964, by the Indian Claims Commission in docket numbered 138. SEC. 2. Sums payable to persons or to their heirs or legatees who are less than twenty-one years of age or who are under a legal disability shall be paid in accordance with such procedures as the Secretary, after consultation with the tribal governing body, determines will adequately protect their best interests. Proportional shares of heirs or legatees amounting to $5 or less shall not be distributed and such amounts shall escheat to the Omaha Tribe of Nebraska. SEC. 3. The funds distributed under the provisions of this Act shall not be subject to Federal or State income taxes. SEC. 4. The Secretary of the Interior is authorized to prescribe rules and regulations to carry out the provisions of this Act. Approved November 2, 1966.

Public Law 89-718 AN ACT

To aiueiid titles 10 and 37, United States Code, to codify recent military law, and to improve the Code.

Be it emacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 123 of title 10, United States Code, is amended by striking out "5907,". SEC. 2. Section 173(c) of title 10, United States Code, is repealed. SEC. 3. Sections 564(a), 1164, 1221, 1255(a), 1263(a), 1305(a), 1404 (including the catchline), 3883, 3884, 3885, 3886, 3913(a), 3915, 3916 (a), 3921(a), 3922(a), 3923, 8883, 8884, 8885, 8886, 8913(a), 8915(a), 8916(a), 8921 (a), 8922(a), and 8923, and the item relating to section 1404 in the analysis for chapter 71, of title 10, United States Code, are each amended by striking out the figure "47a" wherever it appears {ind by inserting in place thereof the figure "8301". SEC. 4. Sections 591(a) and 5792 of title 10, United States Code, are each amended by striking out the figure "16" and inserting in place thereof the figure "3331". SEC. 5. Section 651(a) of title 10, United States Code, is amended by striking out "enlisted under section 1013 of title 50 or". SEC. 6. Section 687 of title 10, United States Code, is amended— (1) by striking out the first sentence of subsection (a) and inserting in place thereof the following new sentences: "Except for members covered by subsection (b), a member of a reserve component or a member of the Army or the Air Force without component who is released from active duty involuntarily, or because he was not accepted for an additional tour of active duty for which he volunteered after he had completed a tour of active

November 2, 1966

[H. R. 9778]

Armed Forces. Military law.

7Tstl7 2M 7OA Stat. 8.

72 Stat. i440. ^^ ^'^'- ^^'^•

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 1116

70A Stat. 30.

PUBLIC LAW 89-718-NOV. 2, 1966

[80 STAT.

duty, and who has completed, immediately before his release, at least five years of continuous active duty, is entitled to a readjustment payment computed by multiplying his years of active service (other than in time of war or of national emergency declared by Congress after June 28, 1962), but not more than eighteen, by two months' basic pay of the grade in which he is serving at the time of his release. However, a member who is released from active duty because his performance of duty has fallen below standards prescribed by the Secretary concerned, or because his retention on active duty is not clearly consistent with the interests of national security, is entitled to a readjustment payment computed on the basis of one-half of one month's basic pay of the grade in which the member is serving at the time of his release from active duty. A person covered by this subsection may not be paid more than two years' basic pay of the grade in which he is serving at the time of his release or $15,000, whichever amount is the lesser."; (2) by amending clause (3) of subsection (a) by striking out "severance" and inserting in place thereof "readjustment"; (3) by amending subsection (b) to read as follows: " (b) Subsection (a) does not apply to a member who— " (1) is released from active duty at his request; "(2) is released from active duty for training; "(3) under regulations to be prescribed by the Secretary of Defense, or by the Secretary of the Treasury with respect to the Coast Guard when it is not operating as a service in the Navy, is released from active duty because of moral or professional dereliction; "(4) upon release from active duty, is immediately eligible for retired pay or retainer pay based entirely on his military service; "(5) upon release from active duty, is immediately eligible for severance pay (other than under section 680 of this title) based on his military service and who elects to receive that severance P^y5 or "(6) upon release from active duty, is immediately eligible for disability compensation under a law administered by the Veterans' Administration and who elects to receive that compensation. However, a member covered by clause (6) may receive a readjustment payment under this section and disability compensation if an amount equal to 75 percent of the readjustment payment is deducted from the disability compensation. This subsection does not prevent a member who elects to receive a readjustment payment under this section from becoming entitled to disability compensation based on his service performed after he makes that election."; and (4) by striking out subsection (e), and by adding the following new subsection: "(f) If a member who received a readjustment payment under this section after June 28, 1962, qualifies for retired pay under any provision of this title or title 14 that authorizes his retirement upon completion of twenty years of active service, an amount equal to 75 percent of that payment, without interest, shall be deducted immediately from his retired pay."

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PUBLIC LAW 89-718-NOV. 2, 1966

1117

SEC. 7. Section 717(b) of title 10, United States Code, is repealed. SEC. 8. (a) Sections 802(8), 1072(1), 1073, 1 2 0 8 (a)(2)(B), 1213, U 4 4 (a), 2733(f), 2771(b), 4537, 7 2 0 4 (a)(1)(D), 7205(a)(4), 7211 (a)(4), 7218(b), 7571(a)(3), 7572(a)(3), 7576(a)(3), and 9537 of title 10, United States Code, are each amended by striking out "Coast and Geodetic Survey'' and inserting in place thereof "Environmental Science Services Administration". (b) Section 1208(a) of title 10, United States Code, is amended by adding the followir^ sentence flush at the end thereof: "For the purpose of clause (2)(B) of this subsection, active service as a member of the Environmental Science Services Administration includes active service as a member of the Coast and Geodetic Survey." SEC. 9. Chapter 57 of title 10, United States Code, is amended by redesignating section 1124, relating to the gold star lapel button, as '^"*^' ^' ^'^^' section "1126", redesignating the corresponding item in the analysis as item "1126", transferring the section to follow section 1112, and transferring the analysis item to follow that for section 1125. ^"^^' P- 339. SEC. 10. Section 1124(g) of title 10, United States Code,_is amended ^^ ^tat. sso. by striking out "program report" in the last sentence and inserting in place thereof "progress report". SEC. 11. Section 1478(a)(4) of title 10, United States Code, is 78 Stat. io7i. amended by striking out ", United States Code" in two places. SEC. 12. (a) Chapter 77 of title 10, United States Code, is amended ^^^^tat. iis. as follows: 1523. (1) By adding the following new section: "§ 1524. Posthumous commissions and warrants: determination of date of death "For the purposes of sections 1521 and 1522 of this title, in any case where the date of death is established or determined under sections 551-558 of title 37, the date of death is the date the Secretary con- ^"^^' P- ^25. cerned receives evidence that the person is dead, or the date the finding of death is made under section 555 of title 37.". (2) By adding the following new item in the analysis: "1524. Posthumous commissions and warrants: determination of date of death." (b) Section 5 of the Act of July 28, 1942, ch. 528, as added by sec- ^^P^^^tion 1(e) of the Act of July 17, 1953, ch. 220, 67 Stat. 177, is repealed. SEC. 13. The analysis of chapter 81 of title 10, United States Code, is amended by striking out the item relating to section 1580. ^6 Stat. si9; SEC. 14. Section 1583 of title 10, United States Code, is amended as 70A Stat. I'ls. follows: (1) By striking out the designation " (a) " at the beginning thereof. (2) By repealing subsection (b). SEC. 15. Section 1586 of title 10, United States Code, is amended by ^^ ^tat. 325. striking out the reference "section 12 of the Act of June 27, 1944 (5 U.S.C. 861)" wherever it appears and inserting in place thereof "sections 3501-350C^ of title 5". ^"'^' P- ^28. SEC. 16. Section 2031(d) of title 10, United States Code, is 78 Stat. 1063. amended— (1) by striking out "retired" at the beginning of clause (1) and inserting in place thereof "Retired"; and

65-300 0-67—73

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PUBLIC LAW89-718-NOV. 2, 1966

78 Stat. 1068.

72 Stat. 1457.

76 Stat. 511.

76 Stat. 767.

70A Stat. 157.

•

4 7 O Stat. 159, gg A

1

[80 STAT.

(2) by striking out "notwithstanding" at the beginning of clause (2) and inserting in place thereof "Notwithstanding". g^^. 17. Section 2109(b)(3) of title 10, United States Code, is amended by inserting "and" at the end thereof. SEC. 18. Section 2110(a)(1) of title 10, United States Code, is amended by striking out "education" and inserting in place thereof "educational". g^c. 19. Section 2237(a) of title 10, United States Code, is amended by striking out "the Chief of the Bureau of Yards and Docks of the Navy".and inserting in place thereof "the head of such office or agency in the Department of the Navy as the Secretary of the Navy may designate". gj,^.^ 20. Section 2680(a) of title 10, United States Code, is amended by striking out "1001 and 1003-1011" and inserting in place thereof "551-559 and 701-706". SEC. 21. (.a) Chapter 163 of title 10, United States Code, is amended i^y redesiguating section 2736, relating to property loss, or personal injury or death, incident to the use of property of the United States and not cognizable under other law, as section "2737". (b) Chapter 163 of title 10, United States Code, is further amended by redesignating item 2736 of the analysis, relating to property loss, or personal injury or death, incident to the use of property of the United States and not cognizable under other law, as item "2737". gEc. 22. Section 3012(b) of title 10, United States Code, is amended to read as follows: " (b) The Secretary is responsible for and has the authority necessary to conduct all affairs of the Department of the Army, including— " (1) functions necessary or appropriate for the training, operations, administration, logistical siipport and maintenance, welfare, preparedness, and et!'ectiveness of the Army, including research and development; "(2) direction of the construction, maintenance, and repair of buildings, structures, and utilities for the Army; "(3) acquisition of all real estate and the issue of licenses in connection with Government reservations; "(4) operation of water, gas, electric, and sewer utilities; and " (5) such other activities as may h? i^rescr^bed by the President or the Secretary of Defense as authorized by law. He shall perform such other duties relating to Army affairs, and conduct the business of the Department in such manner, as the President or the Secretary of Defense may prescribe. The Secretary is responsible to the Secretary of Defense for the operation and efficiency of the Department. After first informing the Secretary of Defense, the Secretary may make such recommendations to Congress relating to the Department of Defense as he may consider appropriate." gEc. 23. Sectious 3017 and 8017 of title 10, United States Code, a r e

each amended by striking out the figure " 6 " wherever it appears and inserting in place thereof the figure "3347".

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