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EMERGENCY POWERS CONTINUATION ACT

WEDNESDAY, FEBRUARY 27, 1952

HOUSE OF REPRESENTATIVES,
COMMITTEE ON THE JUDICIARY,

SUBCOMMITTEE No. 4,
Washington, D. C.

The subcommittee met at 10: 10 a. m. in room 327, Old House Office Building, the Honorable Michael A. Feighan, chairman of the subcommittee, presiding.

Subcommittee members present: Representatives Feighan (chairman of the subcommittee), Forrester, Pickett, Boggs, and Hillings. Present also were Miss Velma Smedley, assistant chief clerk, and Cyril F. Brickfield, committee counsel.

Mr. FEIGHAN. House Joint Resolution 386 is before us for consideration.

(The bill is as follows:)

[H. J. Res. 386, 82d Cong., 2d sess.]

JOINT RESOLUTION To continue in effect certain statutory provisions for the duration of the national emergency proclamed December 16, 1950, and six months thereafter, notwithstanding the termination of the existing state of war

Whereas the existing state of war with Japan is the last declared state of war to which the United States is a party and the termination thereof and of the national emergencies proclaimed in 1939 and 1941 would render certain statutory provisions inoperative; and

Whereas some of these statutory provisions are needed to insure the national security and the capacity of the United States to support the United Nations in its efforts to establish and maintain world peace: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That, notwithstanding the termination hereafter of the war with Japan declared December 8, 1941 (55 Stat. 795), and of the national emergencies proclaimed by the President on September 8, 1939 (Proc. 2352, 54 Stat. 2643), and on May 27, 1941 (Proc. 2487, 55 Stat. 1647), and notwithstanding any proclamation of peace with respect to such war

(a) The following statutory provisions shall remain in full force and effect until six months after the termination of the national emergency proclaimed by the President on December 16, 1950 (C. F. R., 1950 Supp. to title 3, p. 71), or until such earlier date or dates as the Congress by concurrent resolution either generally or for a particular statutory provision or the President either generally by proclamation or for a particular statutory provison may provide, any other terminal date or provision of law with respect thereto to the contrary notwithstanding.

(1) Act of December 17, 1942 (ch. 739, sec. 1, 56 Stat. 1053), as amended (50 U. S. C. App. 1201).

(2) Act of May 18, 1933 (ch. 32, sec. 5 (m), 48 Stat. 62; 16 U. S. C. 831d (m)).

(3) Act of March 27, 1942 (ch. 199, secs. 1301-1304, 56 Stat. 185-186; 50 U. S. C. App. 643, 643a, 643b, 643c).

(4) Act of July 7, 1943 (ch. 192, sec. 11, 57 Stat. 382; 44 U. S. C. 376),

(5) Act of June 22, 1944 (ch. 258, sec. 102, 58 Stat. 285), as amended (38 U. S. C. 693b). Any detail made hereunder may extend until six months after the termination of the national emergency proclaimed by the President on December 16, 1950, or until such earlier date as the Congress by concurrent resolution or the President may provide.

(6) Act of June 24, 1948 (ch. 625, sec. 4 (d), 62 Stat. 607), as amended (50 U. S. C. App. 454 (d)).

(7) Act of July 2, 1940 (ch. 508, sec. 1 (a) and 1 (b), 54 Stat. 712, 713), as extended by sections 13 and 16 of the Act of June 5, 1942 (ch. 340, 56 Stat. 317; 50 U. S. C. App. 773, 776, 1171 (a), 1171 (b)).

(8) Act of June 5, 1942 (ch. 340, secs. 1, 7, and 11, 56 Stat. 314, 316, 317; 50 U. S. C. App. 761, 767, 771).

(9) Act of July 1, 1944 (ch. 373, secs. 212, 213, and 216, 58 Stat. 689-691; 42 U. S. C. 213, 214, and 217).

(10) Act of January 2, 1942 (ch. 645, sec. 7), as added by the Act of April 22, 1943 (ch. 67, sec. 7, 57 Stat. 67; 31 U. S. C. 224i).

(11) Act of June 28, 1944 (ch. 306, sec. 2, 58 Stat. 624), as amended (10 U. S. C. 1214; 34 U. S. C. 555b).

(12) Act of March 7, 1942 (ch. 166, secs. 1-12, 14, 15, 56 Stat. 143–147), as amended, and as extended by section 4 (e) of the Act of June 24, 1948 (ch. 625, 62 Stat. 608; 50 U. S. C. App. 1001-1012, 1014, 1015).

(13) Act of December 4, 1942 (ch. 674, secs. 2 and 3, 56 Stat. 1039; 10 U. S. C. 904b, 904c).

(14) Act of October 26, 1942 (ch. 624, 56 Stat. 987; 50 U. S. C. App. 836). (15) Act of December 18, 1942 (ch. 765, 56 Stat. 1057; 10 U. S. C. 906 and note, 907 and note).

(16) Act of September 16, 1942 (ch. 561, secs. 1-3, 56 Stat. 753), as amended (50 U. S. C. 301-303).

(17) Act of June 25, 1942 (ch. 447, 56 Stat. 390-391; 50 U. S. C. App. 781-785). (18) Act of October 14, 1940 (ch. 862, 54 Stat. 1125), as amended, secs. 1, 202, 301, 401, 402, and 501 (42 U. S. C. 1521, 1532, 1541, 1561, 1562, 1571). In view of the continuing existence of acute housing needs occasioned by World War II, the emergency declared by the President on September 8, 1939, shall, for the purpose of continuing the use of property held under said Act of October 14, 1940, continue to exist during the continuance of the national emergency proclaimed by the President on December 16, 1950, or until such earlier date as the Congress by concurrent resolution or the President may provide.

(19) The paragraph designated "(2)" which was inserted into the Act of March 3, 1909 (ch. 255, 35 Stat. 753), by the Act of April 9, 1943 (ch. 39, 57 Stat. 60; 34 U. S. C. 533).

(20) Act of October 25, 1943 (ch. 276, 57 Stat. 575), as amended by section 2 of the Act of April 9, 1946 (ch. 121, 60 Stat. 87; 38 U. S. C. 11a note).

(21) Act of December 23, 1944 (ch. 716, 58 Stat. 921-922; 50 U. S. C. App. 1705-1707).

(22) Act of June 27, 1942 (ch. 453, 56 Stat. 461; 50 U. S. C. App. 801, 802). (23) Act of December 22, 1942 (ch. 803, 56 Stat. 1071; 48 U. S. C. 510 note). (24) Act of October 17, 1940 (ch. 888, sec. 512, 54 Stat. 1190), as amended (50 U. S. C. App. 572).

(25) Act of April 24, 1912 (ch. 90, secs. 1 and 2, 37 Stat. 90, 91), as amended (36 U. S. C. 10, 11).

(26) Act of August 29, 1916 (ch. 417, 39 Stat. 604; 10 U. S. C. 1362 and 49 U. S. C. 6 (8)).

(27) Act of August 29, 1916 (ch. 418, sec. 1, 39 Stat. 645; 10 U. S. C. 1361); and the President may exercise his authority thereunder through such officers or agencies as he may designate.

(28) Act of February 4, 1887 (ch. 104, sec. 1 (15)), as amended by Act of February 28, 1920 (ch. 91, sec. 402, 41 Stat. 456, 476; 49 U. S. S. 1 (15)).

(29) Act of February 4, 1887 (ch. 104, sec. 420), as added by Act of May 16, 1942 (ch. 318, sec. 1, 56 Stat. 284, 298; 49 U. S. C. 1020), insofar as it refers to section 1 (15) of said Act of February 4, 1887, as amended.

(30) Act of June 6, 1941 (ch. 174, 55 Stat. 242–245), as amended (50 U. S. C. App. 1271-1275).

(31) Title 18, United States Code, sections 794, 2153, 2154, and 2388.

(32) Act of May 22, 1918 (ch. 81, 40 Stat. 559), as amended by the Act of June 21, 1941 (ch. 210, 55 Stat. 252, 253; 22 U. S. C. 223–226b).

(33) Act of October 31, 1942 (ch. 634, secs. 1 and 2, 56 Stat. 1013; 35 U. S. C. 89, 90).

(34) Act of July 1, 1944 (ch. 373, sec. 211 (c), 58 Stat. 688), as amended (42 U.S. C. 212 (c)).

(b) The following statutory provisions which are normally operative in time of peace shall not become operative upon the termination of the state of war with Japan but rather shall continue to be inoperative until six months after the termination of the national emergency proclaimed by the President on December 16, 1950, or until such earlier date or dates as the Congress by concurrent resolution or the President may provide either generally or for a particular statutory provision, any other provision of law with respect thereto to the contrary notwithstanding:

(1) Those portions of section 37 of the Act of June 3, 1916, (ch. 134, 39 Stat. 189), as amended (10 U. S. C. 353), which restrict the appointment of Reserve officers in time of peace.

(2) The second sentence of section 40b of the Act of June 3, 1916, as added by section 33 of the Act of June 4, 1920 (ch. 227, 41 Stat. 777), as amended (10 U. S. C. 386).

(3) Act of August 4, 1942 (ch. 547, sec. 10, 56 Stat. 738; 34 U. S. C. 850i). (4) Act of March 3, 1893 (ch. 212, 27 Stat. 717; 34 U. S. C. 196).

(5) Act of June 16, 1890 (ch. 426, sec. 4, 26 Stat. 158; 10 U. S. C. 651). (6) Joint resolution of November 4, 1939 (ch. 2, sec. 7, 54 Stat. 8; 22 U. S. C. 447 (a)-(d)).

(c) The President is hereby authorized to continue in effect for the duration of the national emergency proclaimed by the President on December 16, 1950, and for six months thereafter all appointments under the provisions of sections 37 and 38 of the Act of June 3, 1916 (ch. 134, 39 Stat. 189, 190), and section 127a of said Act as added by the Act of June 4, 1920 (ch. 227 (41 Stat. 785)), as amended (10 U. S. C. 358, 32 U. S. C. 19, 10 U. S. C. 513); section 515 (e) of the Act of August 7, 1947 (ch 512, 61 Stat. 907; 10 U. S. C. 506d (e)); and section 3 of the Act of August 21, 1941 (ch. 384, 55 Stat. 652), as amended (10 U. S. C. 591a), which are in effect on the date of the approval of this Act as officers and warrant officers of the Army of the United States and as officers and warrant officers of the United States Air Force, including appointments as officers and warrant officers in the Organized Reserve Corps, the Air Force Reserve, the National Guard of the United States, and the Air National Guard of the United States, any other provision of law to the contrary notwithstanding.

(d) For the purpose of section 1 of the Act of May 29, 1945 (ch. 135, 59 Stat. 225), as amended (31 U. S. C. 222c), and for the purpose of section 2 of the Act of December 28, 1945 (ch. 597, 59 Stat. 662; 31 U. S. C. 222e), the date of the termination of a time of war and the establishment of peace shall be the date which the President shall prescribe for those purposes, notwithstanding any other termination of war or establishment of peace.

(e) For the purpose of section 1 of the Act of July 3, 1943 (ch. 189, 57 Stat. 372), as amended (31 U. S. C. 223b), and for the purpose of section 1 of the Act of December 28, 1945 (ch. 597, 59 Stat. 662; 31 U. S. C. 223d), the date of the termination of a time of war and the establishment of peace shall, with respect to accidents or incidents occurring after June 23, 1950, to be the date which the President shall prescribe for those purposes, notwithstanding any other termination of war or establishment of peace.

SEC. 2. (a) The performance or occurrence, before six months after the termination of the national emergency proclaimed on December 16, 1950, or such earlier dates as the Congress by concurrent resolution or the President may provide either generally or for a particular statutory provision, of acts or events of the kind giving rise to rights, benefits, or disabilities under a statutory provision cited in subsection (b) of this section shall, for the purpose of that statutory provision, give rise to the same rights, benefits, or disabilities as the performance or occurrence of those acts or events during the existing state of war.

(b) The statutory provisions referred to in subsection (a) of this section are the following:

(1) Act of December 2, 1942 (ch. 668, 56 Stat. 1028-1036), as amended (42 U. S. C. 1701-1706, 1711–1717).

(2) Act of July 28, 1945 (ch. 328, sec. 5 (b), 59 Stat. 505; 5 U. S. C. 801). (3) Act of October 17, 1942 (ch. 615, sec. 1, 56 Stat. 796; 36 U. S. C. 179). (4) Act of August 1, 1947 (ch. 426, secs. 1 and 2, 61 Stat. 710; 36 U. S. C. 182a and 182b).

(5) Act of July 15, 1949 (ch. 338, title V, sec. 507, 63 Stat. 436; 42 U. S. C. 1477).

(6) Act of October 14, 1940 (ch. 862, title V, sec. 503), as added by the Act of June 23, 1945 (ch. 192, 59 Stat. 260; 42 U. S. C. 1573).

(7) Act of September 27, 1944 (ch. 421, sec. 1, 58 Stat. 747), as amended (43 U. S. C. 279).

(8) Act of December 21, 1928 (ch. 42, sec. 9, 45 Stat. 1063), as amended (43 U. S. C. 617h).

(9) Act of July 22, 1937 (ch. 517, sec. 1, 50 Stat. 522), as amended (7 U. S. C. 1001).

(10) Act of December 3, 1942 (ch. 670, sec. 2, 56 Stat. 1038; 33 U. S. C. 855a). (11) Title 28, United States Code, section 2680 (j).

(c) The ten-year period provided for in section 4 of the Act of September 27, 1944, cited in paragraph (7) of subsection (b) of this section, is extended to two years following the period of the national emergency proclaimed on December 16, 1950, or to such shorter period as the Congress by concurrent resolution or the President may provide.

SEC. 3. Authority now conferred upon the Secretary of the Air Force under the statutory provisions cited in this Act is hereby extended to the same extent as the authority of the Secretary of the Army thereunder.

SEC. 4. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this Act, or the application of such provision to other persons or circumstances, shall not be affected thereby.

SEC. 5. This Act may be cited as the "Emergency Powers Continuation Act”. Mr. FEIGHAN. The committee will come to order.

The consideration of House Joint Resolution 386 is before us. We will have as a principal witness Mr. Jefferson D. Burrus, Bureau of the Budget, who will give us a preliminary statement. Then as I understand it we will call up various witnesses to deal with specific statutes.

STATEMENTS OF JEFFERSON D. BURRUS AND FRANKLIN S. POLLAK ON BEHALF OF THE BUREAU OF THE BUDGET, AND COL. JULIAN G. HEARNE, JR., FOR THE DEPARTMENT OF DEFENSE

Mr. FEIGHAN. It is our understanding that these witnesses are here for the purpose of showing the need for the continuation of these emergency powers that are asked for under this resolution. Of course, we expect that they will make their presentation with that specific aim in mind.

Mr. BURRUS. Thank you, Mr. Chairman, and members of the committee.

As the chairman stated, I am with the Bureau of the Budget and a member of the committee that put this bill together. I have been asked to present the items because, I suppose, in a sense I am a sort of host member. It was done under the auspices of the Bureau of the Budget and in our offices.

Mr. Pollak was a full-time member of the committee who worked on every phase of the bill. Colonel Hearne has arranged for the witnesses to be here and has worked from the beginning on all the items that concern the Department of Defense, which is a majority of the items in the bill.

Mr. Bolton-Smith, of the National Security Resources Board, is also a member of the committee who helped us with as much time as could be allowed from his duties with the NSRB. We have also been helped by many members of the Army and Navy and the Air Force, and other agencies of the Government.

There are some 60-odd items involved here. While I worked on the bill from the beginning I am certainly not an expert in any sense of the word on all the items and I want the members who have worked

on this bill to feel free to speak up to make any corrections or any additions to what I may have to say.

Everyone will be called on to help. I think we all know how urgent this matter is. For that reason we are going to concentrate on describing the 60 items. I have no prepared statement but I do have some notes here that I am going to discuss, only for the reason that I think it will save us time.

The bill, I think, as everyone knows, continues statutory authority which will terminate when the state of war is ended. The state of war will end when the Japanese Peace Treaty is ratified by the United States and by only four other countries. Both the United Kingdom and Japan have already ratified it. I understand that four other countries can act very quickly because all other countries do not require legislative action. It can be done by registration by their Foreign Department, I understand. So for that reason the matter is very urgent.

The purpose of this bill is to keep in full force and effect the laws that we consider essential to the national security that are necessary for our defense activities and that will enable us to carry out our obligations under the United Nations Charter.

I want to emphasize at the beginning that this bill does not include by any means all the laws that will be affected by a termination of the state of war. Many laws, that we call war laws, have already been terminated or expired. In 1947 Senator Wiley had a list prepared of all the statutes that were affected by the war, hostilities, or emergency. They are contained in Senate Documents 5 and 42 of the Eightieth Congress. This list of laws was very carefully prepared and the Library of Congress which keeps a current index of all laws and indexes those that are affected by the war emergencies, cooperated.

In

The Department of Justice had a group of lawyers who actually read the code to discover all the laws that would be affected by the state of war. I think there are in all about 540 of these items. 1947 we were in a mood of demobilization and, of course, no hostilities were going on in Korea at the time.

The purpose of gathering these laws was to determine how many could be repealed, how many we could get along without. In Public Laws 239 and 384 of the Eightieth Congress the Congress did repeal a considerable number of these laws.

Our job first started in 1950 when we were considering terminating the state of war with Germany and Japan. At that time, we sought to discover all the laws that remained on the books that would be affected by the termination of the war or emergencies. We took these documents, 5 and 42, as a basis, and also canvassed every executive agency to find out what laws they needed for their operations.

There was only one law that was affected by the termination of the state of war with Germany and that was the Trading With the Enemy Act, and that was taken care of in the resolution which terminated the state of war with Germany.

When the country was preparing to terminate the state of war with Japan and the peace treaty was to be signed, we made another study in 1951 to see if there were any additional laws that would be affected by the termination of the state of war. As a result of that study,

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