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 (S. Doc. 42 and pt. 2 of S. Rept. 339, both of the 80th Cong., 1st. sess.). 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 (some of them enacted later) have been given an item number consisting of figures followed by a letter, the number being one which 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 explanation 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 national emergencies would make certain statutory provisions inoperative. It then recites that some of these 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 notwithstanding 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 in full force and effect until 6 months after the termination of the national emergency proclaimed by the President on December 16, 1950, 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 or 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 continue 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. 1 (a) (1) Item 42 PROVIDING FOR THE ACQUISITION AND OPERATION OF BUILDINGS AND FACILITIES BY THE NAVY (50 U. S. C. appendix 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 war". The act is effective "until the termination of the present war or until such earlier time as the Congress by concurrent resolution or the President by proclamation may designate". 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. 1 (a) (2) Item 45 PROHIBITION AGAINST SALE OF TENNESSEE VALLEY AUTHORITY PRODUCTS FOR USE OUTSIDE THE UNITED STATES, EXCEPT TO ITS ALLIES IN CASE OF WAR (Tennessee Valley Authority Act, 16 U. S. C. 831d (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 "to its allies in case of war".. 'A byproduct of Tennessee Valley Authority's operations is a lowgrade ferrophosphorus 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 phosphatic and nitrogenous materials produced by the Tennessee Valley Authority. The retention of this authority is essential to the fulfillment of these defense needs. 1 (a) (3) Item 58 AUTHORITY OF GOVERNMENTAL OFFICER OR AGENCY 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 before the termination of the present war"; Loss of this authority would mean loss of the existing power of the Department of Defense and other agencies to audit books of subcontractors. Similar authority is now contained in section 705 of the Defense Production Act of 1950 (Public Law 774, 81st Cong., 50 U. S. C., appendix 2155), but, since that act is due to expire in June of 1952, the continuation of authority under this item is desirable. 1 (a) (4) Item 60 AUTHORIZATION TO DESTROY RECORDS SITUATED ABROAD This section authorizes the head of an agency to authorize destruction of any records in his legal custody situated outside the continental United States in any military or naval establishment, ship, or other depository, "at any time during the existence of a state of war between the United States and any other nation or when hostile action by a foreign power appears imminent'. 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. 1 (a) (5) Item 71 AUTHORIZATION FOR DETAILING ARMED FORCES PERSONNEL TO THE VETERANS' ADMINISTRATION (Servicemen's Readjustment Act, as amended, 38 U. S. C. 693b) The second paragraph provides that "Nothing in the Selective Training and Service Act of 1940, as amended, or any other Act, shall be construed to prevent the transfer or 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 termination of the war". The general defense situation 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 Armed 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. 1 (a) (6) Item 88a LIABILITY OF INDUCTEES TO SERVE IN RESERVE COм- This subsection of the Universal Military Training and Service Act (as amended by sec. 1 (g) of Public Law 51, 82d Cong.) sets out the Reserve obligations of inductees under that act and restricts the ordering of persons inducted, enlisted, or appointed under that act between June 24, 1948, 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 ARMY AND NAVY DEFENSE FACILITIES Item 100 (50 U. S. C. appendix 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 until such earlier time as the Congress by concurrent resolution or the President by proclamation 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 (Public Law 179, 82d Cong., title III, under heading "Expediting Construction"), and its continuance during the present period of expansion of the Army is essential. Insofar 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 INSTRUCTION OF ARMY AND AIR Item 102 FORCE ENLISTED PERSONNEL (50 U. S. C., appendix 761) AND AUTHORITY TO ACQUIRE LAND AND INTERESTS THEREIN WITHOUT REGARD TO CERTAIN RESTRICTIONS (50 U. S. C., appendix 767, 771) Title 50, United States Code, section 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 President by proclamation may designate' (50 U. S. C. 776) the Secretary of War is authorized to provide 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 Army and Air Force enlisted personnel. (The fiscal year 1952 Act is Public Law 179, 82d Cong., under the section captioned "Quartermaster Corps, Quartermaster Service, Army, Welfare of Enlisted Men.") The remainder of this section (authority to employ interns in the Medical Department of the Army) is obsolete and there is no intention to exercise further authority thereunder. Title 50 United States Code sections 767, 771: "During the continuance of the present war and for six months after termination of the war, or until such earlier time as the Congress by concurrent resolution or the President by proclamation may designate' (50 U. S. C. 776) any funds available for construction of buildings, 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 temporary use thereof, without regard to the provisions of title 10 United States Code section 1339, and title 31 United States Code section 529, 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 section 401 of Public Law 910, chapter 1212, Eighty-first Congress, and section 501 of Public Law 155, chapter 434, Eightysecond Congress, is limited to specific projects. 1 (a) (9) MILITARY STATUS OF COMMISSIONED CORPS OF THE PUBLIC Item 107 HEALTH SERVICE AND UNIFORM ALLOWANCES IN TIME OF WAR (42 U. S. C. 213, 214, 217) Under this statutory authority, the President may, "in time of war", declare the commissioned corps of the Public Health Service to be a military 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 benefits such as death payments and veterans compensation, Executive Order No. 9575, dated June 28, 1945 (10 F. R. 7589), created this status 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 termination as to Public Health Service officers alone would hamper the ability of the service. to recruit and retain officers. 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 permission 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. Also under this authority commissioned officers in the senior assistant grade (equivalent to captain in Army) and below who, "in time of war, are appointed to the Regular Corps or called to active duty in the Reserve Corps of the Public Health Service may be paid a uniform allowance of $250. There are now a substantial number of commissioned officers in the Public Health Service required to wear uniforms and a large proportion of them are junior officers called to active duty for the first time. The same reasons which justify continuation of full military benefits for Public Health Service commissioned officers apply here." 1 (a) (10) FOREIGN CLAIMS ACT: CLAIMS COMMISSION NEED NOT Item 108a BE COMPOSED OF OFFICERS OF THE SERVICE CONCERNED (31 U. S. C. 2241) Settlement of foreign claims authorized by this act may be made by any commission appointed for the purpose even though the commission 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 world 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) AUTHORITY TO OPERATE FARMS AND PLANTATIONS OUTItem 159 SIDE THE U. S. A. FOR THE PROVISIONING OF TROOPS (10 U. S. C. 1214; 34 U. S. C. 555b) "After the termination of the present war", the operation and management of any plantation or farm under the jurisdiction of the Armed Forces outside the continental United States, for furnishing fresh fruits and vegetables to the Armed Forces shall be accomplished as far as practicable through private contractors. For security reasons and |