EXPLANATION OF THE DRAFT 'EMERGENCY POWERS CONTINUATION ACT'

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP57-00384R001000080006-9
• Release Decision: RIPPUB
• Original Classification: U
• Document Page Count: 36
• Document Creation Date: December 16, 2016
• Document Release Date: January 19, 2005
• Sequence Number: 6
• Publication Date: January 30, 1952
• Content Type: REGULATION

Approved ForTferease~
FOR OFF ICIAL GOVERNMENT USE ONLY
EXPLANATION OF THE DRAFT "EMERGENCY POWERS
CONTINUATION ACT"
The draft "Emergency Powers Continuation Act" extends the
life of about sixty specific statutory authorizations which, in the
absence of action by Congress, would terminate upon the termination of
the present state of war with Japan or of the national emergencies
proclaimed by the President in 1939 and 19)41. The bill provides, gener-
ally speaking, that they shall continue in effect until the termination
of the national emergency proclaimed by the President in 1950 or until
such earlier date or dates as may be fixed by Congress by concurrent
resolution or by the President. Each provision affected by the bill
is explained herein, with a short caption, a digest, and a brief justi-
fication of the action proposed.
The bill may be summarized as follows:
Section 1(a) deals with certain provisions conferring authority
in time of war or during the present war or the 1939 or 1941 national
emergencies. These provisions are continued in effect.
Section 1(b) deals with certain provisions imposing limita-
tions in time of peace. The operation of these provisions is deferred.
Section 1(c) deals with certain provisions under which appoint-
ments to the Armed Forces may remain in effect only for the duration of
the present war (or the duration plus a specified period thereafter).
The bill authorizes the President to keep these appointments in effect.
Section 1(d) and (e) deals with certain provisions specify-
ing that the normal one-year limitation period for the filing of certain
kinds of claims may be suspended, on good cause shown, until cne year
after peace is established, if the incident occurs in time of war or
if war intervenes within a specified brief period thereafter. The bill
provides that, for the purpose of these provisions, the date of the
ending of a time of war and the establishment of peace is to be a date
or dates fixed by the President.
f) deals with the Trading With the Enemy Act. It
1
ti
(
on
Sec
provide hat notwithstanding t Japan and
of the 1 and 1941 ies._, the- CMer to vest Japanese is
is continued in harmony with the treaty of peace with Japan now before
the Senate.
Section 2(a) to (d) deals with the construction of certain
terms which normally presuppose the existence of a state of war, - for
example, "ally", "enemy", "captured by an enemy", and "interned in a
neutral country". The bill states how such terms are to be construed ions.
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Section 2(e) has a clarifying purpose only - to make it com-
pletely plain that the Air Force as well as the Army is to benefit from
the extension of provisions enacted prior to the National Security Act
in terms applicable only to the War Department, where those provisions
have since been transferred to the Air Force pursuant to the National
Security Act. This is a purely precautionary enactment of the result
that it is considered would follow in any event.
Section 3(a), (b), and (c) deals with certain statutory pro-
visions concerning service flags, lapel buttons, veterans preferences,
certain other benefits, and certain types of claims. Under these pro-
visions service in time of war, or the happening of an event in time of
war, is the basis of the rights conferred. The bill provides in sub-
stance that the same rights shall arise if the service or event takes
place before the end of the 1950 emergency (or an earlier date fixed by
the Congress or the President).
Section 3(d) postpones the present deadline for the exercise
of one specific veterans' preference relative to rights under public
land laws.
Section 4 is a separability provision in customary form.
Section 5 provides that the bill may be cited as the Emergency
Powers Continuation Act.
Each of the statutory provisions dealt with in the bill.is
given a number, called its item number, in the explanation below. These
item numbers correspond as far as possible to the numbering used in two
1947 Senate documents dealing with war and emergency powers (Senate
Doc. No. 42 and Part 2 of Senate Report 339, both of the 80th Congress,
lst session). Statutory provisions dealt with in those documents have
here the same item number that they had there (consisting of figures
only). Statutory provisions not dealt with in those documents (mostly
provisions enacted later) have been given an item number consisting of
figures followed by a letter, the number being one wizich groups the
provision with others of similar substance. The explanation below deals
with the provisions in the order in which they appear in the bill, which
is in the order of item numbers in each category. In each case the ex-
planation gives first the section and subsection where the item appears
in the bill,and, immediately beneath that, the item number.
Preamble
The preamble of the bill recites that the existing state of war with
Japan is the last declared state of war to which the United States is a
party and that the termination of that state of war and the 1939 and 1941
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national emergencies would make certain statutory provisions inop-
erative. it then recites that some of the statutory provisions must
be continued in force in order to insure the national security of the
United States and the capacity of the United States to support the
United Nations in its efforts to establish and maintain peace.
Section 1
Section 1 opens with introductory language, applicable to all its
subsections, to the effect that the subsections shall have effect not-
withstanding any termination hereafter of the state of war with Japan
and the 1939 and 1941 emergencies, and notwithstanding any proclamation
of peace with respect to the war with Japan.
Section 1(a) provides that the statutory provisions listed in it
shall continue jn full force and effect during the continuance of the
national emergency proclaimed by the President on December 16, 19150, or
until an earlier date fixed by the Congress by concurrent resolution or
by the President. In either case the date may be fixed generally for
all the statutory provisions or it may be fixed for individual statutory
provisions, with one date for one and another for another. If the
President fixes one date for the termination of all of them he is to do
so by proclamation.
These provisions authorize officers of the Government to do certain
things in time of war or make it a crime to do certain things in
time of war. An example of the former is the provision which authorizes
the President, in time of war, acting through the Secretary of the Army,
to take over and operate transportation systems (Item 401, 10 U.S.C.
1361). An example of the latter is the provision making it a crime, in
time of war, to make false statements with a view to interfering with
the operation of the armed forces rr to promote the success of the
enemy (Item 460, 18 U.S.C. 2388).
There is one exception in this subsection to the general method of
treatment. Paragraph (18) provides that the 1939 emergency shall con-
tinue to exist for a particular purpose under the statutory provisions
there cited. The reasons for this special treatment are set forth below
in the separate explanation of those statutory provisions.
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l(a)(1) PROVIDING FOR THE ACQUISITION AND OPERATION OF BUILDINGS
Item ).L2 AND FACILITIES BY THE NAVY. (50 U.S.C. App. 1201)
This act authorizes the Secretary of the Navy to acquire
and operate buildings and facilities in connection with "procurement
or construction of items authorized in connection with the prosecution
of warn. The act is effective "until the termination of the present war
or until such oarli_er time as the congress by concurrent resolution or
the President by pro(Tlalnation may designatep'.
The retention of this statutory authority is necessary due to
the current expansion of the Navy building program. It also provides a
legislative basis for the acquisition and operation of facilities the
classified nature of which makes the usual specific project authorization
inappropriate.
l(a)(2) PROHIBITION AGAINST SALE OF TENNESSEE VALLEY AUTHORITY
Item 45 PRODUCTS FOR USE OUTSIDE THE UNITFP STATES, EXCEPT TO
ITS ALLIES IN CASE OF WAR. (Tennessee Valley Authority
Act, 16 U.S.C. 83ld(m))
This section prohibits the sale of products of the Tennessee
Valley Authority for use outside the United States, except to the
United States Government for the use of the Army and Navy, or in case
of war", to its allies.
P by-product of TVAts operations is a low-grade ferrophos-
phorus which cannot be economically utilized in the United States steel
industry but can be in those of western European countries. There may
also be defense requirements for friendly foreign countries for phos-
phatic and nitrogenous materials produced by the Tennessee Valley
Authority. The retention of this authority is essential to the fulfil-
ment of these defense needs.
l(a) (3) AUTHORITY OF GOVERNMENTAL OFFICER OR. AGENCY DESIGNATED
Item 58 BY TQ PRESIDENT TO INSPECT PLANTS AND AUDIT BOOKS FWAR CONTRACTORS. (50 U.S.C, App. 643,643a, 643b, 643c)
This provision applies "to the plant, books, and records of
any contractor with whom a defense contract has been placed at any time
after the declaration of emergency on September 8, 1939, and e ore,the
termination o iFe preseri#~wnr'f .
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Loss of this authority would mean lose of the existing power
of the Department of Defense and other agencies to audit books of sub-
contractors. Similar authority is now contained in Section 705 of the
Defense Production Act of 1950 (P. L. 774, 81st Congress, 50 U.S.C.
App. 2155), but, since that act is due to expire in June of 1952, the con-
tinuation of authority under this item is desirable.
l(a) (L1) AUTHORIZATION TO DESTROY RECO1DS SITUATED ABROAD DURING
Item 60 WAR OR VTHT l HOSTILE ACTION APPTI;_.RS T.M tdNFNT. (t1i U i S. C,
376)
This section authorizes the head of an agency to authorize
destruction of any records in his legal custody situated outside the con-
t_mental United States in any military or naval establishment, ship, or
other depository, 'fat any time during the existence of a state of war be-
tween the United States and any other nation or when host=ile action by a
foreign power appears imuLihentil,
The retention of this statutory authority is needed to authorize
the emergency destruction of official records in Foreign Service posts
and other depositories outside the continental United States. Breaking
or curtailment of diplomatic relations with any country might lead to
conditions preventing the removal of records and thereby necessitating
their immediate destruction under the authority of this provision,
l(a)(5) AUT:HORIZPTION FOR DETAILING AIMED FORCES PERSONNTI TO THT
Item 71 VFTFTJ NS' ADMISTRA.TION. (Servicemen's Readjustment Act,
as amended, 38 U.S.CT 693b)
The second paragraph of the cited section 102 provides that "Nothing
in the Se]:ective Training and Service Act of 19h0, as amended, or any
other I'.ct, shall be construed to prevent the transfer *r detail of any
commissioned, appointed or enlisted personnel from the armed forces to the
Veterans' Administration subject to agreements between the Secretary of
War or the Secretary of the Navy and the Administrator of Veterans' Affairs:
provided, That no such detail shall be made or extend beyond six months
after- the termn%nation o t e war' t
The general defense pi.tuation has revived staffing problems
of the Veterans' !Administration which were previously encountered during
the war, incident to the increasing loss of Reserve and other personnel
to the ,firmed Forces, particularly medical and related personnel. This
problem will doubtless continue indefinitely and may necessitate future
use of the authority, subject to agreement with the service departments,
to use a limited number of Armed Forces personnel in critical positions
in the Veterans' Administration. It is therefore recommended that the
provision be made permanent.
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1(a) (6) LIABILITY OF INDUCTEES TO SERVE IN RESERVE COMPONENTS AND
Item 88a BE ORDERED TO ACTIVE DUTY IN TIME OF WAR. (50 U.S.C. 454(d))
This subsection of the Universal Military Training and Service
Act (as amended by section 1(g) of P.L. 51, 82nd Congress) sets out the
reserve obligations of inductees under that act and restricts the order-
ing of persons inducted, enlisted, or appointed under that act between
June 24, 19)48 and June 15, 1951 to active duty without their consent at
times other than during 'war or national emergency declared by the Congress".
The termination of the present war might have the effect' of impeding the
use of such reserve personnel in the current expansion of the Armed Forces,
because Congress has not declared a national emergency.
1(a) (7) CONTRACTS FOR AR9Y AND NAVY DEFENSE FACILITIES
Item 100 (5o U.S.C. App. 773, 776, 1171a, 1171b)
Authority for the Secretary of War to provide for installations
for manufacture of military equipment, at military posts, plants, etc.,
(including privately owned plants), and for storage and shelter, to
exchange surplus equipment and make advance payments to contractors,
without certain restrictions, and to operate or dispose of plants
"during the continuance of the present war and for six months after the
termination of war or unti- such earlier time as the Congress by con-
current resolution ax he President by procJamat5on. may designate."
This act is the only authorization for the appropriation
contained in the fiscal year 1952 Department of Defense Appropriation Act
to enable the Secretary of the Army to expedite construction (P.L. 179,
82nd Congress, Title III, under heading "Expediting Construction"), and
its continuance during the present period of expansion of the Army is
essential, In so far as this statute provides for a relaxation of the
requirement that title be passed upon by the Attorney General, its
termination would be detrimental in view of the urgency connected with
the acquisition of real estate under the current building program and
the time usually required for obtaining a complete title search from the
Department of Justice. (Executive Order 9262 of November 5, 1942, as
amended, extends this authority to the Secretary of the Navy.)
1(a)(8) ENTERTAINMENT AND'INSTRUCTIQN OF ARMY AND AIR FORCE ENLISTED
Item 102 PERSONNEL (50 U.S?C. App. 761) AND AUTHORITY TO ACQUIRE LAND
AND INTERESTS THEREIN WITHOUT REGARD TO CERTAIN RESTRICTIONS
(50 a-SAC. App. 767, 771)
5o U.S.C. 761:
"During the continuance of the present war and for six months
after the termination of the war~or until such' earlier time as the
Congress by concurrent resolution or the rresident by proclamation may
designate" 50 U.S.C,. 77 the Secretary of lar is authorized to pr viovio de
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for entertainment and instruction in connection with the welfare of
enlisted personnel.
The continuation of this section is necessary because it
is the only authorization for appropriations for the entertainment
and instruction of Arny and Air Force enlisted personnel. (The fiscal
year 1952 Act is U. L. 7,79, 82nd Congress, under the section captioned:
"Quartermaster Corps, Quartermaster Service, Army, Welfare of 'Misted
ivien".) The remainder of this section (authority to employ interns in
the "Iiedi.cal Department!" of the Army) is obsolete and there is no
intention to exercise further authority thereunder.
50 U.S.C. 767, 771:
"During the continuance of the present war and for six months
after termination Of the war until such earlier time as the Con zess
desi~ hate"
by concurrent resolution or. the president by pros lamation may
( .S . C. 77 any funds available for construction 077u, ld,rigs
utilities, and appurtenances at military posts shall be available for the
purposes specified by existing law, including the acquisition of lands,
rights pertaining thereto, leasehold and other interests therein, and
temror.ary use thereof, without regard to the provisions of R. S. 1136
and 3648, and the land may be acquired and construction started prior
to approval of title by the Attorney General,
These sections permit the acquisition and use of land prior
to the approval of title by the Attorney General and should be continued
in effect for the duration of the 1950 emergency. Similar authority
contained in sec. 401 of Public Law 910, ch. 1212, 81st Congress, and
sec. 1;01 of Public Law 155, ch. 431, 82nd Congress, is limited to speci-
fic projects.
l(a) (9) MILITARY ST TUS OF C01.,1:iIS3ICNED CORPS OF TT''' '')UDLIC
Item 10.7 HUALTH 5PUVICE IN TIME OF `.A.R (42 U.S.C. 213, 217;'
Under this statutory authority, the President may, in time
of wax", declare the coinnissioned corps of the Public Health :Service to
be a mi.l_i.tary service, making it "a branch of the land and naval forces
of the United States" subject to the Uniform Code of Military Justice.
"'-With respect to active service in time of war", the commissioned corps
is entitled to full military benef%ts such as death payments and veterans
compensation. Executive Order No. 9575, dated June 28, 1915 (10 F.R.
created this states and is still. in effect. Such benefits are an essential
element of the officers' total compensation, as is the case in the Other
Armed Services, and tern':i.ration as to Public Health Service officers alone
would hamper the ability of the service to recruit and retain officers.
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Military status for the commissioned corps of the Public
Health :Service, though carrying certain benefits, imposes additional
obligations such as those involved in the authority to transfer
commissioned officers without their consent and to refuse them per-
mission to resign.
This authority is necessary in order to fill undesirable
posts here and abroad for which sufficient volunteers cannot be
obtained. The nation's defense will continue to require authority to
use the Public Health Service commissioned corps under emergency
conditions.
1( a) (10) 1 CryUIGN CLAIL-S ACT; CI AIh S CCNL ISS ION NEED NOT B ; CONPOS?E)
Iter. lO8a OF OFNNIC'P?S CF THE S']RVIC' CcUCIR~ NED (31 U.5-C. 1-24a)
Settlement of foreign claims authorized by this act may be
made by any commission appointed for the purpose even though the com-
mission is not composed of officers of the service concerned, if such
settlement is made "in time of war".
Joint activities of the Armed Forces in foreign countries
in all areas of the ~,-rorld at the present time make it most desirable
that claims may be adjudicated by commissions composed of officers of
any of the services.
1(a) (11..) AU T, f _OhITY TO C'' l TE FACTS :`.ND rL .NTI TIONS OUT .;Ir TF1~'
.tort- lf;9 TT.a.A. TO IirIPL'EDT PRO~TI_ IONING OF TROOPS
(10 U.S.C. 1214; 34 U.S.C. 555h)
"After the termination of the present the operation
and management o any Manta ion or faun under the jurisdiction of the
Armed Forces outside the continental United States, for furnishing
fresh fruits and vegetables to the Armed Forces s'nall he accomplished
as far as practicable through private contractors. For security reasons
and to permit operation of these plantations without restrictions, it is
considered desirable that the existing methods and procedures of manage-
ment arid operation, employing military personnel, be retained during the
current build-up of the Armed Forces.
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l(a)(12) MISSING PERSONS PCT (50 U.S.. App.. 1001-1012, 1014, 1015)
Item 176
"Until the termination of thy, present war with Germany, Italy,
and Jopan,and fo twelve months thereafter, or until such earlier time
as thee Congress b y concurrent, resolution or the President by proclama-
tion may dusi gnat &', tare are authorized; -Pay and allowances of-cer-
tain missing persons; (2) certain administrative action regarding allot-
ments, payments and settlement of accounts of such persons; and (3) move-
ment of dependents and household goods of certain missing, injured or dead
military personnel. (The war has been terminated with respect to section
13 of this act, see 50 U.S.C. App. 1013 and note).
This legislation is necessary to insure the continuance of ad-
ministrative procedures for the settlement of pay accounts of affected in-
dividuals and to prevent hardships to dependents of personnel who may be-
come missing in the performance of their official duties.
The termination of this ct would also terminate the last two
sentences of Section L(e) of the Universal Military Training and Service
Act. The need for permanent missing persons legislation is now under
study in the Department of Defense.
l(a) (13) PROVISION FOR UNIFORIV ALLOWANCE OF $250 FOR CERTAIN
Item 195 OFFICERS AND 1kkRR NT OFFICERS SERVING ON ACTIVE DUTY
IN THE ARMY [ND AIR FORCE. (10 U.S.C. 904b, 9OLc)
"During the period of the wars in which the United States is
now engages and for six months hereafter", 10 U.S.C. 904b) company
grade reserve officers of the ArziT and 1.ir Force are entitled to a uni-
form allowance of $250 upon. their first tour of extended active duty.
Following the termination of the war reserve officers will con-
tinue to be called to extended active duty for the first time, and will
have to provide themselves with uniforms. It would seem that the same
reasons for granting this uniform allowance will apply during the 1950
emergency as applied during the war period.
l(a)(1L) CERTIFICATES OF OFFICERS OF ARMED FORCES FOR PlY LND
Item 202 LLLOWL";ICF~ I CCOUNTS TO BE ACCEPTABLE WITHOUT SUBSTANTIATION
(50 U.S.C. App. 836)
"During the existence of the present war in which the United
States is engaged, and during; thy::: six months immediately following the
termination of such warn, officers, certificates may be accepted as sup-
porting vouchers fcir pay and allowance accounts without further support-
ing evidence.
6
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The procedures deyeloped under the presont legislation have
greatly reduced administrative paper work in connection with the pay and
allowances of military and civilian personnel, Destruction of records
due to enemy action, acts of God, and accidents would prevent commanding
officers from certifying to pay and allowances due military personnel,
since it would be impossible for such officers to have personal knowledge
of all, facts pertaining to pay accounts, and they would of necessity have
to rely on records maintained for such purposes. To require commending
officers to assume the additional administrative burden of certifying pay
and allowance accounts would hamper them in performing their primary
military duty. Finally disbursing officers would be hindered in making
timely payments in many cases due to lack of supporting documents, absence
of certificates, and other documents.
l0)(l5) SUSPENSION OF THE PROHIBITION 'LGAINST PI.YMENT OF DEPOSITS,
Item 203 !ND INTEREST THEREON, OF ENLI:STEI) MEN UNTIL FTNI:.L DISSHI RGE.
(10 U.S,0 906 and note and 907 and note)
"During the present war and for a. period of one year there-
after, t9 the provisi_o~is a aW which prohibit payTn _of_soldierst do-
posits and interest thereon until discharges are suspended,
Unless this statute is continue! in effect, eplisted personnel
will not be able to withdraw deposits, in cases of serious emergency,
until they arc finally discharged. In periods, such as the present time,
when persons are being held beyond the terms of their enlistment con-
tracts, it appears manifestly unfair not to allow them to withdraw de--
posits in meritorious cases, The Department of the frray is now processing
legislation designed to repeal the basic statute which enacts the prohi-
bition,
l(a) (16) PROVISION PERMITTING VOTING BY NEIL OF PERSONS SERVING
Item 207 IN tHE LAD OR N!VIL FORCTS (50 U0S.O. 301 303)
This f ct prescribes the right of military personnel to vote.
by mail "in time of war" for Federal officials regardless of absence from
residency; a.nd prohibits the imposition of poll taxes as a condition for
such voting,
This statute will become increasingly important as the Armed
Forces expand, Increase in the commitments of troops overseas will in-
crease the necessity of voting by mail,
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1(a)(17) PROHIBITING PHOTOGRAPHING, SKETCHING, MAPPING, ETC.,
Item 229 MILITARY AND NAVAL RESERVATIONS, PROPERTIES, EQUIPMENT,
ETC. (5O U.S.C. App. 781-785)
'"For the duration of the present war as determined by pro-
clamation o _fresidenttT, photographing, sketching, mapping, e.c.,
of military and nnvai installations and equipment, except as author-
ized by Secretaries of the military departments, is prohibited and
penalized.
Termination of this provision would impede the ability of the
Armed Forces to protect their installations and equipment from unauthor-
ized analysis.
Although the provisions of section 793 of Title 18, U.S.C.,
are permanent legislation covering generally the same subject matter, it
should be noted that intent to injure the security of the United States
or to help some foreign nation is an element of the offense defined
therein, whereas no such intent is required in the provision sought to
be extended.
1(a)(18) CONTINUATION OF AUTHORITY UNDER THE LANHAM ACT NEEDED TO
Item 242 OPI,RATE OR .IEA,TTVATF; E I STING HOUSING PROJECTS
(42 U.S.C. 1521, 1532, 1541, 1561, 1562, 1571)
Section 301 of the Lanham Act, as amended, provides that the
authority contained in sections 1, 202, 403, ano 402 of that Act (with
respect to prevision of World War IT housing and community facilities)
will terminate "when the President shall have declared that the emer-
gency declared by him on Septerrrber 8 , 1939, as ceased to exist" except
vu th respect, to contracts on projects previously' entered 1-Fto or under
taken and court proceedings then pending. The World War II housing and
community facilities referred to are housing projects which the Federal
Government provided for defense workers and military personnel immediately
prior to and during World War II and community facilities or public works
such as streets, sewer lines, sewage treatment plants, water lines and
USO facilities provided in war-crowded areas. Authority with respect to
the provision of housing for veterans and servicemen and their families
under Title V of the Lanham Act (sec. 501 et seq.) also depends on section
301,
While it was obviously the intent of section 301 to terminate
the power of the Federal Government to provide additional housing and
community facilities when the emergency was over, the termination of all
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powers under the sections listed herein at this time would seriously
interfere with the continued operation or reactivation of existing housing
projects which are still vitally needed for housing veterans and service-
men and their families, which are being devoted to filling present urgent
defense housing needs, or which are being retained to enable the Govern-
ment to fill future urgent defense housing needs as they arise. If the
emergency is not continued for these purposes, some doubt may arise as
to whether the Housing and Home Finance Administrator could in the future
utilize or reactivate existing projects to house persons engaged in
national defense activities and their families and (under title V'of the
Lanham Act) servicemen and veterans and their families. Continuance for
limited purposes of the states of war and emergency is also necessary in
order to continue the Government's interest in land underlying many
thousands of units of temporary housing provided under the Lanham and
related acts where leases or judgments of condemnation are terminable by
their express terms upon the cessation of present states of war or emer-
gency or within a specified period thereafter. Accordingly, it is recom-
mended not only that these provisions be left in.full force and effect
during the 1950 emergency but that it be expressly declared that the 1939
emergency continue to exist for these purposes, and the draft bill so
provides.
l(a)(19) COORDINATION OF EXECUTIVE BUREAUS IN THE INTEREST OF THE
Item 261 MORE EFFI GLENT ORGANIZATION OF THE GOVERNMENT
(5O U.S.C. App. 601-605)
Title I of the First War Powers Act gives the President author-
ity to coordinate the executive bureaus in the interest of the more effi-
cient organization of the Government during the "continuance of the pre-
sent war and for six months after the termination of the war, or until
such earlier time as the Congress by concurrent resolution or the President
may designate" (50 U.S.C. App. 621)
This Title is the basis for many Executive Orders which would
cease to have effect upon its termination. Some of these Executive Orders
establish administrative procedures which would have to be confirmed by
permanent legislation and others contain authorities which should be re-
tained during the current period of expansion of the Armed Forces.
Among the orders which it is important to continue in effect
are;
(a) Executive Order 9235 of August 31, 1942 - Control over
utilization of supplies and equipment by Government agencies.
Retention of this authority is necessary during the current
period of expansion a.nd build-up.
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(b) Executive Order 9279 of December 5, 1.942 - Mobilization
and utilization of manpower.
Retention of the authority under this Executive Order is
necessary during the current period of expansion and build-up
and pending further studies concerning the general manpower
situation.
(c) Executive Order 9194 of July 7, 1942 - Transfer of duties
with respect to real estate to the Chief of the Bureau of Yards
and pocks, Department of the Navy.
Pursuant to this Executive Order the duties of the Judge
Advocate General with respect to real estate wore transferred to
the Bureau of Yards and Docks. It is necessary to retain this
Executive Order pending further study by the Department of the Navy
of the real estate situation and the taking of appropriate stops
with respect to a final decision regarding the duties and functions
associated with the acquisition and disposition of real estatee, by
the Department of the Navy.
(d) Executive Order 9262 of November 5, 1942 - Facilities for
manufacture of equipment, munitions and supplies,
This Exormtive Order extended to the Department of the Navy
the authority granted the Army by the Act of July 2, 1940 (54 Stat.
712, as amended) and is considered necessary for retention by the
Navy.
(e) Executive Orders 9709 and 9797 of March 29, 1946 and
November 6, l946 - Air 'navigation facilities abroad.
Although the substance of these orders is incorporated into
the International Aviation Facilities Act (62 Stat. 450, 49 U.S.C.
1151), it is considered that those Executive Orders should be re-
tained and continued in effect pending further study concerning
the necessity of their retention,
1(a)(20) SALES TO CIVILIANS AT NAVAL STATIONS AND POST EXCI-?:AINGES WITHIN
Item 265 THE CONTINENTAL UNITED STATES WHEN PRIVATL SERVICES ARE NOT
AVAILABLE (34 U.S.C. 533)
This provision, operative "in time of war and not exceeding
six months thereafter", authorizes sales to civilians at naval stations
and post exchanges within the continental United States when the Secre-
tary of the Navy finds that it is impracticable for such persons to
procure such stores from private agencies without impairing the efficient
operation of the stations. The act also authorizes the sale of stores to
civilians at stations beyond the continental limits of the United States
but this latter provision is not limited under the "wartime"" provision,
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The Armed Forces are now operating facilities at various
places within the continental United States where private commercial
services for the furnishing of clothing, food and other items necessary
for existence are not available. In order to provide civilian employees
stationed at such places with the facilities for the purchase of food and
other essentials the authority for sales under this act should be continued.
l(a)(21) USE OF VETERANS' ADMINISTRATION VEHICLES FOR TRANSFC'RTING
Item 267 EMPLOYEES (38U.S.C. lla note)
"During the present war and not exceeding six months after
the termination of the war" the administrator of Veterans' Affairs is
authorized to use automobiles of the Veterans' Administration to trans-
port employees between field stations and nearest public transportation
lines at reasonable rates of fare, if the Administrator finds that other
public and private facilities are not adequate and that efficiency will
be promoted thereby.
Since the close of hostilities in World War II this authority
has been used in a limited number of instances to prevent interference
with vital operations, particularly in canes of transit strikes where
enploycc s in critical positions in hospitals dupond upon public trans-
portation between home and work. The authority is currently being
exercised on a very restricted basis in a few cases, as, for example, to
provide transportation for key hospital personnel who must arrive at the
hospital at times when public transportation is unavailable, and in another
instance in which public transportation has been suspended for some distance
from the hospital because of extensive installation work on the adjoining
public highway. This action is rarely taken, and then only to meet emer-
gency conditions which sometimes exist for a considerable period, and upon
strict findings required by the statute and approved by the Administrator,
as well as payment of reasonable fares. The statute serves a definite and
recurrent need and experience demonstrates that it should be continued
during the 1950 emergency to safeguard normal efficiency at field installa-
tions.
l(a) (22) AUTHORITY FOR FOREIGN EXCHANGE TRANSACTIONS FOR BENEFIT OF
Item 270 ARMED FORCES PERSONNEL (5O U.S.G. App. 1705-1707)
This authority for foreign exchange transactions for the
benefit of. Armed Forces personnel is effective "during the continuance
of the pre sent war and for six months after the termination of the war
or until such earlier time as the Congress by concurrent resolution or
the President may designate",
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This provision is the only statutory basis for the specified
activities. While the Armed Forces are engaged in operations in many
foreign countries, it is essential that no doubt exist as to their ,authority
to accept and disposo of foreign currencies which are vital to operations,
Moreover, the statute provides authority for the use of funds to cover
losses arising from foreign exchange transactions. Lack of such authority
would necessitate obtaining special appropriations and relief legislation
to cover such losses.
Authority for disbursing officers to cash checks and similar
instruments in extremely important to military and civilian personnel,
contractors, and others, in foreign areas where no normal banking facili-
ties exist, This statute affords the only method whereby such personnel
may dispose of instruments of this type in carrying out necessary private
matters.
1(a) (23) FREE IMPORTATION OF FERSONAL AND HOUSEHOLD EFFECTS BROUGHT
Item 347 INTO THE UNITED STATES ON GOVERNMENT ORDERS
(50 U.S.C. App. 801-802)
Until "on or after the day following the proclamation of peace
by the President", duty-free importation, per pant to Gov rnmont orders,
of'ersonal and household effects of persons in the service of the United
States, or their families, or of persons evacuated to the United States
under Government orders, is authorized.
Termination of this legislation would eliminate an induce-
ment to overseas duty at a time when maximum effort is being made to
encourage such duty. With the expansion of the Armed Forces, and expand-
ing and continuing international obligations and, commitments of this
Government, many persons in Government service must be assigned to lengthy
overseas tours. It does not appear that in the foreseeable future the
obligations of the United States Government will decrease to such an extent
that it will be practical to eliminate this legislation. To a large extent
the beneficiaries of this privilege are moved or evacuated upon the initi-
ative of the Government and not of their own volition,
l(a) (2L) PAYMENT FOR USE OF WHARVES AND LANDINGS UNDER CO IROL OF
Item 352 THE TERHI1ORY OF HAWAII (48 U.S..C. 5l0 note)
This provision authorizes payment by departments and agencies
of the United. States for use of wharves and landings under the control of
the Territory of Hawaii. It is effective: "during the period commencing
on January 1, 1942, and endinunloss Congress shall fix an earlier date,
six months after the termination of the pr seiit warms, and constitutes an
exc~ pion to an act pass d in 190?, providing for free use by the United
States of these facilities.
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These wharves and landings in the Territory of Hawaii are
being used by naval vessels during the current hostilities in Korea. It
is anticipated that the stepped-up use of these landings and wharves will
continue in the future. The provision for payment for use of thee; wharves
was enacted because the use by the United States has greatly exceeded the
use which was expected when the original act was passed in the year 1900.
1(a)(25) RIGHTS UNDER PTTBLIC LAND LAWS OF PERSONS SERVING IN TF
Item 365c ARMED FORCES OF ALLIES OF THE UNITED STATES (50 U.S.C.
App, 572)
"Citizens of the United States who serve with the forces of
any nation with which the United States may be allied in the prosecution
of any war in which the United States engages while this act remains in
force" shall, if certain conditions are met, be entitled to the same pro-
tection from loss of rights under the public land laws as is granted by
other provisions of this act to persons serving in the Armed Forces of
the United States. This provision is effective, as r~gerds the present
war,1 Il such war is terminated by a treaty of pease proclaimed by the
President and for six months thereafter", with a saving provision for
rights accrued before its termination (sec. 604, 50 U.S.C. App. 581).
No reason appears why the termination of the formal state of
war should reduce the rights of persons serving in other armies in the
same cause. Means of ascertaining which foreign nations arc allied with
the United States under this provision as extended are provided in section
2 of this bill,
l(a) (26) SUSPENSION OF THE PROVISIONS OF THE NEUTRALITY OCT WHICH
Item 395 PROHIBITS FINANCIAL TRANSACTIONS WITH GOVERNMENTS AT WAR
WITH EACH OTHER (22 U.S.C. L 7)
Subsection (c) of this provision suspends "when the United
States is at war" another subsection which prohibits financial transactions
with Governments proclaimed by the President to be at war with each other.
It is believed that the United States should not handicap itself by pro-
venting Americans from assisting a country at war with another when it may
be in the national interest of the United Status that such country should
be assisted. Such national interest is as likely to exist during the 1950
emergency as when the United States is formally at war.
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1(a)(27) UTILIZATION OF THE AMERICAN NATIONAL RED CROSS IN AID OF
Item 396 ARMED FORCES (36 U.5,C. 10,11)
"In time of war or when war is imminent or when there is a
threat of hostilities", the President is authorized to accept the assis-
tanceof. and to employ the American National Red Cross to assist the.
Armed Forces. Transportation, subsistence, and waiver of passport fees
for Red Cross personnel are authorized.
Due to the expansion of the Armed Forces, which involves the
recall of Reserves and National Guard to active duty, the implementation
of the Universal Military Training and Service Act, and an increasing
number of family separations by reason of duty at overseas bases, it is
believed that the services provided by the American Red Cross will be in
even greater demand in the future than at the end of hostilities in
World War II.
1(a)(28) PRIORITY OF TRANSPORTATION FOR TROOPS AND MATERIALS OF VIAR
Item 400 (10 U.S.C. 1362; 19 U.S.C. 6(8)).
In time of war or threatened war" preference and precedence
shall, upon deca.rid~of-the -President, e liven over all other traffic for
the transportation of troops and materials of war.
The present expansion of production and defense priorities
suggests the desirability of this item in the 1,950 emergency as well. as
in periods of war. With the expansion of the Armed Forces and the con-
sequent expansion of war industries, this authority will be of vital
importance.
1(a)(29) POWER OF THE PRESIDENT TO ASSUME CONTROL OF TRANSPORTATION
Item 4Ol SYSTEMS IN TIME OF IVAR (10 U.S,C. 1361)
The President, "in time of war", is empowered, through the
Secretary of War, to seize and control any transportation system, or any
part thereof, and utilize it to the exclusion as far as necessary of all
other traffic for the movement of troops, war material and equipment and
for such other purposes connected with the emergency as may be needful
or desirable.
This authority is being exercised at the present time and is
considered essential during the 1950 emergency. A prolonged interruption
of service over the transportation systems of this cquntry would seriously
jeopardize our national defense program.
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1(a) (30) AUTHORITY OF THE INTERSTATE COWERCE CUM"FISSION,
Item 402 UPON CERTIFICATION BY THE PRESIDENT, TO ESTABLISH
PREFERENCES AND PRIORITIES IN TRANSPORTATION
(L9 U.S.C. 1(15))
"In time of war or threatened ware, the President may
certify to the Interstate Commerce Commission that it is essential to
the national defense and security that "certain traffic" shall have
preference or priority in transportation, and the Commission shall,
under its powers stated in this section, direct that such preference or
priority be afforded.
The "traffic" to which this section refers is unlimited in
kind, whereas the authority under Item 400 (10 U;,S?C. 1362, )49 Us .c. C. 6(8) )
is limited to "materials of war" (in addition to troops), Inclusion of
this item in this bill is considered necessary because a "threatened war"
does not necessarily exist at all times during an emergency.
1(a)(31) APPLICATION TO FREIGHT FORWARDERS OF THE AUTHORITY OF THE
Item 05 INTERSTATE CONVERGE COT;. ISSION, ON CERTIFICATION BY THE
PRESIDENT, TO ESTABLISH PREFERENCES AND PRIORITIES
(L9 U.S?Ca 1020)
By this provision the authority referred to in Item 402,
with respect to priorities in transportation, is made applicable to
freight forwarderse This authority, enacted in 1942p appears desir-
able now for similar reasons, although its continuation is not of the
same degree of importance as with respect to carriers.
1(a)(32) ET-fERGENCY ACQUISITION OF DOMESTIC OR FOREIGN MERCHANT
Item 126 VESSELS (50 U.S.C.. App. 1271-1275)
This act grants the President authority to purchase, charter
or requisition the use of foreign merchant vessels lying idle in waters
within the jurisdiction of the United States which are necessary for the
national defenses The act also provides authority for the charter by the
Maritime Commission of domestic and foreign vessels essential for the
national defense without regard to the provisions of R.S. 3709 (41 U.S.C. 5)
relating to advertisement for proposals for purchases and contracts. The
statute is effective ttun.til six months after the termination of the present
war shall have been proclaimed or until such earlier time as the Congress
iy c.:ncurreiit resoli~ti or the President may desinate.x~
The continuation of the authority contained in this statute
is necessary during the 1950 emersencyo The requisitioning authority
under this act has proved most useful in the past and situations might
arise in the future in which this authority would be essential,
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1(a)(33) PiEN LTIES FOR UI,SCL)SP-("x DID' NSE INFORM TION, COI _ITTING
7FIS uL R i:1!1TEERLdS 1 1TD
it(-,.,T. L60 SABOTAGE, 1?t,N ~'-:CT[;I~.11TCx DFE 'I
Brat ADIf3(.T FEISE REPORTS TO T~,;'II;FtI{ ERE WITH 1'rii AxR.f'IED 10z C ~.
18 U.S.C. 794. Delivering defense information, with intent
or reason to believe that it will harm the United States or benefit a
foreign nation, is prohibited. "In time of war" the penalty for viola-
tj.on is death (not applicable) in eace) or' thirty y ears (tarenty years
in peace) . Furt.-ier, "in time of rear" gathering or publishing certain in-
formation :-trith intent that - t sna i be communicated to the enemy is punish-
able by death or thirty years; this is not a crime in time of peace (but
see 18 U.S.C. 793, which prohibits various acts of gathering or communi-
cating defense information in war time or peace time, under penalty of
10,000 or 10 years or both) .
18 U.S.C. 2153 and 2154 provide for greater penalties in time
of war (30 years or ';;10,000 or both) than in time of peace (10 years or
16l0,OO0 or both) for injuring or damaging war materials or making defec-
tive; war materials.
18 U.S.C. 2388 prohibits, "xhen the United St^.tes is a.t vra.r",
the spreading of false reports with intent-to interfere with the operations
or success of the Armed Forces or to promote the success of the enemy, Fine
or imprisonment or both are provided.
The current situation and the expansion of the military establish-
ment make it necessary that the termination of the war should not operate
to terminate the effectiveness of these wartime provisions of law. The
participation of the United. States in the North atlantic Treaty Organiza-
tion defense plan also makes these provisions desirable.
1(a) (34) RESTRICTIONS AND PROHIBITIONS UPON THE '',NTRY AND DEP ,RTUR>
Item 463 FR.011 THE UNITED ST:~TFS OF ALIENS AND CITIZ ANS. (Passport
Act, 1918, 22 U.S.C. 223-226b)
Permits imposition of restrictions and prohibitions upon the
entry into and departure from the United States of aliens and citizens
"when the United States is at war or during the e r'r stCnce of the national
cTm rac;rcy proela xncd k~1 the Pr acnt on Ti~~y 27 1-9I-" Lnd the~Presad.cnt~
finds that file xnt re > s the United. States xe ui e such restrictions and
prohibitions. It provides similarly as to aliens !'wlhloncver there exists
tes
a state of war between or a'rlmng, S t a t e s
The present intern itiona.l situation demands that the Government
retain all authority now exercised to control the entry into and departure
from the United Status of subversive; individuals, whether aliens or citizens,
and all other persons whose movements should be restricted in the interest of
national security. Existing immigration laws are not of themselves suffi-
cient to attain these objectives in every respect. The powers granted by
this statute, which have been exercised since Presidential Prorla.mati,on No.
2523 of November 11+, 194T, should be continued at least under present
conditions. 1
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l(a) (35) ADJUSTMENT OF ROYALTIES FOR USE OF INVENTIONS IN AID OF
Item 479 PROSECUTION OF THE WAR (35 U.S.C. 89, 90).
These sections provide authority for requiring the return to
the Government of an amount representing the difference between royalty
returns based upon prewar periods of normal production and those which
would be appropriate to the expanded production caused by war. They are
effective "during the continuance of the present war and for six months
after the terma n -t .o i thereof" ~"3 _ .5. C . 9>
In view of the current substantial increases in military pro-
curement and the prospect that the national economy is facing a period
of expanded production for military purposes, the continuation of this
law is essential if the Government is to be protected against excessive
increases in patent royalties originally based upon returns appropriate
to periods of normal production. Legislation to make this war time statute
permanent law is being sponsored by the Department of Justice with the
active support of the Department of Defense (H., R. 2217).
l(a) (36) RECALL TO WARTIME DUTY OF RETIRED PUBLIC HEALTH SERVICE
Item 507a OFFICERS. (public Health Service Act, L12 U.S.C. 212(c))
This statute authorizes the Public Health Service, in time
of war", to recall to duty an officer retired for age or length of service,
In view of the scarcity of medical doctors and other allied
specialists in the health field, the responsibilities of the Public Health
Service under the Economic Cooperation and Point IV programs, as well as
its general responsibilities under the Public Health Service Act, make it
desirable that the Service retain authority under this section to recall
to active duty retired officers for whose special skills and experience
there is a particular demand.
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Section 1(b) deals with statutory provisions stating that
certain restrictions shall be applicable'only in time of peace. It
provides that these provisions shall remain inoperative until the term-
ination of the 1950 emergency or an earlier date fixed by Congress or
the President, who may fix different dates for the purpose of different
provisions.
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1(b) (1) RESTRICTIONS ON APPOINTMENT OF ARMY AND AIR FORCE
Item 87a RESERVE O1IF'ICERS (10 U.S.C. 353 ~j
This provision limits, "in time of peace", appointments as reserve
officers in the combat arms and in the ;ir Force to-appointments as second
lieutenants except in the case of former Regular officers and officers in
the Army dui-.ring World "Tar I. Also "in time of pt. c !' such appointments are
limited to former members of the Regular services, National Guard, and Reserve,
and to persons who served in the Army during World War I or are ROTC graduates.
Entry into force of this provision would prevent the appointment
of many fully qualified persons, such as temporary officers and enlisted
personnel who served during World A;Yar II as reserve officers, and would limit
appointments to the grace of second lieutenant, except as indicated ahove.
Although the matter of appointment of Reserve officers is currently under
consideration by Congress in connection with the proposed Armed Forces Reserve
Act of 1951 and it is expected that the provision will be repealed by that Act,
continuation of suspension of the peacetime restrictions contained in this
provision is considered necessary until such time as the Congress has had an
opportunity to take final action on the Reserve Bill,
l(b)(2) USE OF RETIRE) PERSONNEL AS ROTC INSTRUCTORS (10 U.S.C. 386)
Item 102a
"In time of peace", Army and Air Force retired personnel may not
be used as ROTC + instructors without their consent, and no officer on the
active list shall be detailed for such duty where officers on the retired
list can be secured who are competent for such duty. Revival of the peacetime
limitation contained in this provision, requiring that a search be made for
competent officers on the retired lust before officers on the active list
of the Army or Air Force are detailed for duty at a school or college, would
prevent the full utilization of regular officers in positions for which they
might best be qualified.
I (b) (3) NAVAL AVIATION CADET ACT: EMPLOYMENT OF NAVY 4 ND I' A".III?F COTiPS
Item 113a AVIATION RES', ?.VE OFFICERS IN TINE OF PEA E (34 U.S.C. 850i)
"In time of peace" officers of the Naval Reserve arid. Marine Corps
Reserve comnrisslaned pursuant to this act or to the Naval Aviation Reserve
Act of 1939 (53 ;;tat. 819) may be employed on active duty only during the
seven-year period next following the date of their commissioning except for
employment on active duty in connection with the training of members of the
Naval Reserve and Marine Corps Reserve.
Revival of such restrictions would seriously limit to an unac-
ceptable level the manpwer potential of aviators in the Naval Service,
particularly in the Marine Corps. For example, those reserve officers who
have completed their prescribed service as provided in the Universal Mili-
tary Training and Service Act would be precluded from further active duty
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even though they might volunteer to continue on active duty during the 1950
emergency. The present practice of permitting reservists to execute volun-
tary agreements to serve a prescribed period on extended active duty represents
a major source of procurement.
1(b) (1t) PURCHASE OF DISCHARGE BY ENLIS TEI7 ?ERSONNIL
l(b)(5) (3L U.S.C. 196; 10 U.S.C. 651)
Item 19la
These provisions enable Army and Navy enlisted personnel to
purchase their discharge "in time of peace".
The state of war should not be terminated for the purpose of these
obsolete provisions until they have been repealed. The authority contained
therein has not been used for many years and is inconsistent with present
and proposed legislation designed to provide relief for manpower shortages.
The Department of Defense is now preparinG legislation to repeal these pro-
visions.
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Section 1(c) deals with certain statutory provisions author-
izing the President, it time of war or national emergency, to make cer-
tain kinds of appointments in the farmed Forces, including the Reserve
and National Guard. Under these provisions, the appointees cannot hold
their positions beyond six months after the termination of the war or
the emergency which constituted the basis of the appointment. hecion 1(c)
removes this limitation by authorizing the President to continue these
appointments in effect until the end of the 1950 emergency.
19a
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i(c) CONTINUATION OF APPOINTMEVTS OF WARRANT OFFICERS AND
Items 62, OF RESERVE COMPONENT OFFICER` OF THE ARMY AND AIR FORCE
62a, 63, (1n U.S.C. 356, 5O6d(e), 513, 591a and 32 U.S.C. 19 -
174 National Defense Act, Officer Personnel Act, VTarrant
Officer Act)
Appointment made under the authority of these provisions as
officers and warrant officers of the ia.rmy of the United States and of the Air
Force of the United States, including appointments as reserve officers and
warrant officers of the Army and Air Force and as officers and warrant of-
ficers of the National Guard of the United States and of the Air National
Guard of the United States, are limited by these provisions to a maximum
duration of the war or emergency during; which they were appointed plus six
monthss
"appointment in every case in the officers reserve corps shall
be for a period of five years, but an appointment in force at the outbreak
of war shall continue in force until six months after its terminatioi"
(10 U.S.C. 358).
"the appointment of 4 temporary officer fin the Army of the United
States7, if not sooner vacated, shall continue during the emergency or war
in which the appointment was made and for six months thereafter
(10 U.S.C. 506d(e)).
"an appointment /Tor temporaryrank in time of war 7 other than
that of a member of the regular army made in. time o' shall continue until
six months after its termination . . .~~ _(10 U.S,C7 517).
"such temporary appointments . . . . shall remain in effect .
in no case . . . beyond six months after the termination of the war or period
(10 iJ.S.C. ~ la).
of national emergency"
"officers in the National Guard of the United States shall be ap-
pointed . . . . provided that an appointment in force at the outbreak of war
shall continue in force until six months after its termination". (32 U? S.C1 19).
Although the termination of the war with Japan. would not preclude
new appointments for the period of the emergency declared December 16, 1950
plus six months, all persons appointed prior to December 16, 1950 would have
to be reappointed if their appointments were to be kept in force. In order to
avoid the considerable administrative burden of making individual reap}joint-
ments this bill authorizes the President to continue in effect all the appoint-
ments in effect on the, date of enactment which would otherwise expire six
months after the termination of the war or the 1939 or 19h1 emergencies (except
possibly for the appointments made under authority of 10 U.S.C. 591a.
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Section 1(d) and c) deals with statutory provisions fixing
the time limit for filing certain types of claims. Under these pro-
visions, if the incident occurs "in time of war" and good cause is shown
for not filing earlier, the normal one-year limit does not apply and the
claim may be presented as late as one year "after peace is established".
The claims here involved are claims against the Armed Forces by members
thereof for loss of personal property, or by others for loss due to
certain kinds of activities of the Armed Forces. Subsection 1(d) and
(e) prolong; the period during which such claims may be presented by providing
th at. the date of termination of "war" and the "establishment" of "peace"
shall be as fixed for these purposes by the President. In the case. of
claims for damage due to activities of the Armed Forces, these extensions
do not-apply to those arising before the Korean conflict.
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1(d) EXTENSION OF TIME LIMIT FOR FILING OF CLAIMS BY ARMED
Item 108 FORCES PERSONNEL WHEN TI LIT LOSS OCCURS IN TIME OF WAR
(31 U.S.C. 222c, 222e)
31 U.S.C. 222c authorizes the settlement of claims against
the United States, arising after December 7, 1939, by military personnel
and civilian employees of the Army and Air Force for loss of or damage to
personal property incident to their service.. Such claims must be pre-
sentect within one year after they arise. however, if the incident giving
rise to the claim occurs "in time of war, or if war intervenes within two
years after its occurrence, any claim may, on good cause shown, be be pre-
within one year after peace is establishedtt. 31 U.S.C. 222e makes
sented
this provision appT` oa7To the Navy.
It is believed that the time for filing claims should be ex-
tended for those who-will be serving in the Armed Forces under present
emergency conditions after the end of World War II.for the same reason
it is extended for those serving in World War I:C. Furthermore, it is
believed that it should be extended not only with respect to claims
arising since the beginning of the 1950 emergency and Korean hostilities
but also with respect to those claims which may have arisen prior thereto
during World War II. This is because there may exist some claims arising
prior to the present emergency and Korean hostilities which have not been
filed because the claimants have been prisoners of war or incapacitated
by illness or because of the continuing exigencies of their service.
Since the extension will only be granted when good cause is shown for the
delay in filing after the normal limitation period of one year, abuse of
the provision should not occur.
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1(e) EXTENSION OF TIME LIMIT FOR FILING OF CLAIMS ARISING
Item 489a INCIDENT TO THE NONCOMBAT ACTIVITIES OF THE ARMED
FORCES IN TI"TE OF WAR (31 U.S.C. 223b, 223d)
31 U.S.C. 223b authorizes the settlement of claims not in
excess of $1000 for damage to or loss or destruction of property, or
for personal injury or death, caused by military personnel or civilian
employees of the Army and Air Force while acting within the scope of
their employment, or otherwise incident to noncombat activities. Such
claims roust be presented within one year after they arise. However,
if the incident giving rise to the claim occurs "in time of war, or if
war intervenes within one year after its occurrence, any claimmay on
good cause shown-be "presented w .t iiii one ear after peace is established".
31 U.S.C. 223d makes this provision applicable to the Navy.
it is believed that the period for peesenting claims should
be extended with respect to claims which arise cn or subsequent to the
beginning of hostilities in Korea, June 24, 1950. The claims under this
provision arise chiefly from maneuvers and training exercises and the
loss or damage of registered or insured mail while in the possession of
military authorities. It is believed that with respect to such claims
arising out of World War II a period up to one year after peace is estab-
lished is ample. However, with respect to claims which have arisen or
will arise after Korean hostilities began, an extension is needed for
the same reason it is needed for claims arising during World War II,
The public will. be denied access to maneuver and training areas and
owners of property located therein may not become aware of their loss or
damages until after the statutory one-year period has passed, With
respect t, mail claims neither the sender nor the addressee may be aware
of the loss within the orie-year perioda however, with respect to claims
arising during World War II before the outbreak of hostilities in Korea,
these reasons do not apply.
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Section 2(a) to (d) deals with certain provisions worded in terms
which presuppose Ele existence of a state of war - for example, "ally",
"enemy", and "interned in a neutral country". It sets forth these terms
and t ells how they are to be construed in these statutory provisions when
there is no longer a state of war.
These terms, as it happens, occur in statutes which, in whole or part,
are dealt with also in other sections of this bill. In this memorandum those
statutes are digested, in whole or part, in connection with those other
sections. For convenience in finding the digests the following table shows,
for each of these statutes, where it appears in this section, where it appears
elsewhere in the bill, and its item number. The table gives also, for each,
the terms in it which presuppose the existence of a state of war,
In this
section
Els ei-,~here
in the
bill
Item
Number
2(d)
(1)
(2 ~
(3
l(a)(1)
l(a)(2)
l(a).(12)
42
45
176
(4)
3(c) (2)
263
(5)
3(c)(3)
310a
(6)
1(a)(25)
365c
(7)
1(a)(33)
160
(8)
l(a)(35)
479
Terms Used
"the prosecution of war"
"allies"
"captured by an enemy" - "interned in a
neutral country" (50 U S.C. App. 1002)*
"public use of the U.S. or its allies"
(this is in 42 USC 1651(x) which is re-
ferred to in 42 USC 1701); "belligerent
action of an enemy", "taken by an enemy"
L.2 USC Ae.c.l~T0l,( ))
"enemy", "attack by an enemy", "action
of the enemy", "U. S. or any of its
allies", (42 USC 1711(b));
"capture, detention, or other restraint
by an enemy of the United States during
the present war" (5 USC 801).
"iny nation with which the United States
may be allied in the prosecution of any
war in which the United States enga>des
while this Act remains in force."
181USC 7941 "communicated to the enemy",
"useful to the enemy"
18 USC 2151, 2153, 2154: "associate nation"
18 USC 23813: "promote the success of its
enemies"
"conditions of wartime production"
*Also: 'prisoner of war" - "government with
which the United States is at war"
(50 USC App.
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Section 2(e) provides in substance that certain powers of
the Air Force shall ee extended by this bill in the same way that it ex-
tends powers of the Army. This subsection is included because of the
so-called "t.ransfer order" procedure under the National Defense Act.
That act provided that, for a certain period after its enactment, powers
vested by statute in the Secretary of Nar or the Secretary of the Army
could be made available also to the Secretary.of the Air Force by a
"transfer order" under the National Defense Act. A number of these pro-
visions, under which transfer orders have been issued, are extended by
the present bill. The object of section 2(e) is to state explicitly that
the powers under these provisions previously transferred to the Air Force
by transfer order are extended by the bill as fully as it extends the
power of the Army under these provisions, This is a purely precautionary
and clarifying provision, occasioned solely by the fact that certain
statutory provisions to be extended by the bill refer only to the
Secretary of Tar or the Secretary of the ,'army. It is considered that the
legal result would be the same even in the absence of this provision.
Section 3
Section 3.(a la and ~ej deals with certain provisions con-
cerning servlce.fla;e, lapel buttons, veteranet preferences, benefits
resulting from assignment to hazardous duties, and certain kinds of claims.
Under all of these provisions, rights and honors are conferred if the
events on which they are based - service or death in service, assignment
to duty etc. occur in time of war or during the present war but not
if they occur otherwise. Section 3(a), (b) and (c) provides that the
same effect shall attach to their occurrence during the 1950 emergency or
before earlier dates fixed by the Congress or the President. These few
provisions concerning veteransT preference have been included in the bill,
in order that Congress may give coz sideration to the question of their
extension, because of the widespread interest in giving to veterans of the
Korean conflict the same kinds of benefits as to veterans of 'Torld War II.
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3(b)(1)
Item 363a
SERVICE FLAGS AID LAP L ISUTTOIS (36 U.S.C. 179-182)
The Secretary of 1:Iar may approve service flags and lapel
buttons to be displayed or worn by the family of persons serving in
the Armed Forces "during the current war". He may also license their
manufacture. Perialtes are provided for unauthorized manufacture and
display.
3(b)(2) GOLD STAR, LAPEL DUTIDNS (36 U.S.C. 182a-182d)
Item 363b
The Secretaries of the Army and Navy shall provide a "gold
star lapel button" free to widows and parents of members of the Armed
Forces "who lost their lives in the armed services of the United States
in World War II" and may sell them at cost to other next of kin. Un-
authorized manufacture, wearing; etc. is punishable.
3 (b) (3) P72F R ANC O VETERANS AND FA ILI-S OF DEC U SED
Item 365d SERVIC IHU 1 FOR LOAN3 IN C %N.L`'U',CTICIJ ' ITH ILF RC V'A ?,NT
OF FARM HOUSES AND BUILDINGS (42 U.S.C. 1477)
As between applicants for loans or other financial assistance
in connection with the improvement of farm housing and other farm build-
ings, preference shall be given to veterans and families of deceased
servicemen. "Veteran" is defined as a "person who served in the land or
naval forces of the United States during any war between the United States
and any other nation and who shall have: been discharged or released
Here rpm on condit_ons other than dishonorable", and "deceased service-
men" as persons "who served in the land or naval forces of the United
States during any wax bets eentheUnited States and dry o h r_natlan and
who died in service before the terrnnation of such war',
3(b)(4)
Item 36e
PREFERENCES FOR VETERANS FCR - HON FED:1dd,LY-O 'JED
HOUSING I AVAILA 3LP UNDER TH PROVI ONS CF THE
L''4NH':Mi ACT (42 U.S.C. 073)
"Veterans" (for whom Federally--owned housing is available
under the provisions of Title V of the Lanham Act) are defined as in-
cluding persons who served in the military or naval forces of the United
States "during the present war" and who have been discharged cr released
therefromunc_Ter conditions other than dishonorable. Preferences in the
occupation of housing is provided them and their famlies under this act.
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3(h)(5) Vg'T5RI:.NS' P 'BIER ICE UNUi'R TH HOh11._'ST! l.D =''.ND OTII ?.
Item 365f LAND LAWS (L3 U.S.C. 279-283)
These provisions reduce the requirements for veterans of
? .'orld War II with respect to homestead entries, gives them preferred
rights of application under certain public land laws, and grants various
benefits to their dependents, as follows:
Any person who has served in the military or naval forces
of the United States for a period of at least ninety days, at any time
on or after September 16, 1940, and "prior to the termination of the
present warand is honorably discharged and thereafter makes homestead
e0107-1511 have the period of such service, not exceeding two years,
construed to be the equivalent of residence and cultivation upon the
land for the same length of time. Provided, That no person who has
served in the military or naval forces of the United States for a period
of at least ninety days at any time on or after September 16, 1910, and
"prior to the termination of the present war" and iThonor ly -discka.rged
shall be disqualified from making homestead entry or from any other bene-
fits of this at merely by reason of not having reached the age of twenty-
one years (sec. 1, 43 U.S.C. 279). If a person dies from wounds re-
ceived or disability incurred in line of duty in the military or naval
forces during the period aforesaid or dies after having served in those
forces for at least ninety days during that period, his surviving spouse
or minor children shall have certain benefits with respect to homestead-
ing (sec. 2, 43 U.S.C. 280). If a person entitled to any of the afore-
said benefits makes homestead entry and dies before completing title,
leaving one or more minor orphan children, patent shall issue to them
without proof as to residence, cultivation or improvements (sec. 3, 43
U.S.C. 281). Perscns of the classes entitled to credit for service under
the foregoing previsions shall, until September 27, 1951, have a preferred
right of application under homestead or desert land laws, and under 43
u.s.c. 682a, concerning the sale of certain lands chiefly valuable as
a home, cabin, camp, health, convalescent, recreational or business site
(sec. 4, 43 U.S.C. 282).
3(b)(6) VET DANS' PREFERENCE 7 ITII RDSP ;CT TO SANDS WIThIN
Item 365g TH D BOULDT'R CANYON PROJECT (43 U . S. C . 617h)
In connection with lands within the Boulder Canyon Project,
this provision grants an exclusive preference right of entry on lands
of the United States to "all persons who served in the United States Army,
Navy, Marine Corps, or Coast Guard during World War II" or certain
enumerated previous wars or insurrections.
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3(b) (7) ELIGIBILI y OF TT"T' l5 FOR, FAAPILOANS t'.ORTGAG'
Item 365h IMURANCE (Bankhead-Jones Farm Tenant Act, 7 U.S.C.lOOl)
Veterans fulfilling certain requirements are eligible for
loans and mortgage insurance in connection with the acquisition or
improvement of farms and shall have preference over non-veterans.
"Veteran" is defined as "a person who served in the land or naval forces
of the United States during a.ny war between the United Mates and any
o hex nation, -and '-,,717 shall have been discharged or released therefrom
under conditions other t':-an dislhionorable. "
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3(c) (1) CLAIMS WHICH ARISE OUT OF COMBATANT ACTIVITIES OF THE
Item 489b ARMED FORCES DURING TIM OF WAR ARE EXCLUDED FROM
ADPMITpIS'IRATIVE ADJUSTMENT UNDER TIU TORT CLAIMS ACT
AND FROM THE DISTRICT COURTS (28 U.S.C. 2680(j))
This provision excludes from administrative adjustment under
the Tort Claims Act, and from the jurisdiction of the District Courts
under 28 U.S.C, 1346(b), "any claim arising out of combatant activities
of the military or naval forces, or the Coast Guard, during time of war".
Another provision excludes any claim arising in a foreign country ('1b
U.S,C. 2680(k)). There is, however, no provision expressly excluding a
claim arising from combatant activities in the United States or its
possessions when we are not at war. Since combatant activities might
take place in these areas under the unsettled conditions that exist in
this ti;,;e of emergency before we were technically in a "time of warn
such claims could arise. It would seem that they should be excluded for
the same reasons that have led to the exclusion of combatant claims arising
in uvartime,
3(c)(2) PROVIDING FOR COMPENSATION TO CIVIL EMPLOYEES OF THE UNITED
Item 263 STATES OR ITS CONTRACTORS OUTSIDE THE UNITED STATES FOR IN,
JURIES OR DEATH RESULTING FROM "WAR RISK HAZAUDS" .
(L2 U.S.C. 1701)
This act provides compensation benefits for certain employees
of the United States or of contractors with the United States for injury
or death resulting from specified 11war-risk hazards" "arising after
December 6, 1941, and prior to the end of the present ar". Tr_e persons
protected by this act include personsworking on projects for the "public
use of the United States or its allies". The hazards covered include
"belligerent action of an. enemy",taken. by an enemy", "attack by an enemy"
and "action of tthe enemyti.-
It is important that personnel within the purview of this act
be covered in the event of death or disability incurred when they are
serving in hostile areas. Failure to continue such coverage would seriously
impede the recruitment of qualified personnel for potentially hostile
areas.
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3(c) (3) WHERE A GOVERNMENT EMPLOYEE SUFFERS DEATH OR DISABILITY
Item 310a AFTER CAPTURE OR DETENTION BY THE ENEn4Y, SUCH DISABILITY
OR DEATH SHALL BE DEEDED TO HAVE RESULTED FROM PERFORMANCE
OF DUTY (5 U.S.C. 801)
17hen Government employees suffer death or disability after
"capture, detention, or other res traint by an enemy of the United States
during-the 7 -ar-T- -d_is_._abi___. present w such dea--_th__or disability shall bbe deemed to have
resulted from performance of duty.
Termination would deprive civilian employees, who may be
captured or detained by hostile forces, of compensation for injury, disease
or death incurred during detention and may raise a question as to whether
World 7ar II internees can continue to receive benefits. The Bureau of
Employees' Compensation is now making payments to several hundred bene-
ficiaries, the residue of 1244 cases originally adjudged compensable under
the act. There have been no reported cases of civilian employee internments
n Korea. However, this legislation should be continued in effect in order
to protect any that may be, found to have been so handled and to protect
persons in future similar situations. In a period when hostilities may take
place, it is important that personnel be protected in the event of dis-
ability or death due to such hostilities. A. lapse in this law would
seriously impede the recruitment of qualified personnel.
3(c)(4) RIGHTS AND BENEFITS OF OFFICERS OF THE COAST AND GEODETIC
Item 448b SURVEY WHEN ASSIGNED WITH THE ARTIED FORCES ON HAZARDOUS
DUTY ((33 U.S.C. 855a)
Commissioned officers of the Coast and Geodetic Survey who
are "during the period of the present war" assigned to any duty with
the Armed Force wswhhich is determined by the Department of the Army or the
Department of the Navy to be of immediate military hazard, shall have the
rights and benefits of officers actually transferred to such forces.
It would appear that in cases where an officer serves on duty
deemed to be, of immediate military hazard, the service, riot the manner in
which the officer is assigned to the service, should be the controlling
factor in determining the right and benefits earned by such service,
regardless of whether the service occurred during World War II or during
another period of armed conflict or national emergency.
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Se_ctinn 3(d) extends the time limit for the exercise of the vQteranst
rights set forth in the last sentence, of the explanation of Item 365(f),
under section 3(b)(5).
Section u.
This is a usual separability provision.
Section 5
This gives the bill's short title.
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