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EMERGENCY STATUTORY PROVISIONS EXAMINED BY EXECUTIVE AGENCIES BUT NOT RECOMMENDED FOR EXTENSION

Statutory provision, item number, citation, and digest

Item 19. Act of Aug. 11, 1939, 15 U. S. C. 713a–6_ - Authorizes sale by Commodity Credit Corporation of surplus commodities to foreign governments on condition that these governments do not dispose of these commodities for 5 years "unless a war or emergency results in a serious interruption of normal supplies of such commodities."

Item 258. First Deficiency Act of Apr. 1, 1944, ch. 152, 58 Stat. 157.

Appropriates $250,000 to Bureau of Reclamation for temporary weir on the Colorado River, to be expended within 6 months after end of war. Item 25b. Sec. 122b, 57 Stat. 569, 23 U. S. C. 13b.

Authorizes funds for roads and bridges which must be expended within one year after termination of 1941 emergency. Item 44a. Act of June 16, 1938, 50 U. S. C. 93.

During any war in which the United States is engaged, the statutory limit on the educational orders for the manufacture of special munitions, etc., which may be awarded to any one factory is not operative. Item 62b. Act of June 3, 1916, 10 U. Š. C. 291d__

"In time of peace" 200 flying hours is required for pilot rating, including 75 hours solo.

"Responsible agency" (italicized) and "commenting agency"

Agriculture, CEA, ESA, Mutual Security Adm., State.

Interior.

Commerce.

Defense, Defense Production Authority.

Defense, G. A. O.

Item 66. Act of June 22, 1944. 50 U. S. C. App. 1591-98- Defense, NSRB.
Provision for the temporary appointment of cer-
tain members of Army Nurse Corps, etc., as officers
in the Army of the United States during the present
emergency. Such temporary appointments are to
continue until 6 months after the present emergency.
Item 70. Act of May 15, 1945; ch. 124, 59 Stat. 168; 10
U. S. C. 513 note. Authority of the President, with-
out the consent of Congress, to appoint certain mem-
bers of the Army of the United States to lower tempor-
ary grades, until 6 months after the present war.
Item 70a. 10 U. S. C. 625.

In time of peace, only citizens and declarant aliens may be enlisted for first enlistment in the Army. Item 79. 10 U. S. C. 535 note__

Provision for detail of personnel of all component parts of the Army of the United States as students at educational institutions, industrial plants, etc., notwithstanding percentage personnel limitations of other laws, until 6 months after the present war. Item 82a. Uniform Code of Military Justice, sec. 10, 50 U. S. C. 739.

Permits the President to dismiss officers in time of war without court martial procedure.

Defense.

Defense.

Defense, FSA.

Defense, Justice.

EMERGENCY STATUTORY PROVISIONS EXAMINED BY EXECUTIVE AGENCIES BUT NOT RECOMMENDED FOR

EXTENSION-Continued

Statutory provision, item number, citation, and digest

Item 82b. 14 U. S. C. 508 (b).

Wartime deserter from the Coast Guard may not thereafter be received into any part of the Armed Forces unless he is restored to duty in time of war or his disability is removed by a special prescribed procedure thereunder.

Item 87. 10 U. S. C. 299e__

Authorization for appointment in the Air Corps Reserve of any person who has completed training and served in time of war as a commissioned or flight officer.

Item 102b. 37 U. S. C. 235 (d), 236 (d)

The President may in time of war suspend incentive pay for hazardous duty.

Item 113. Acts of July 24, 1941, and Apr. 18, 1946, 34
U. S. C. 350 (i) 34 U. S. C. 15.

Continuance until 6 months after June 30 of fiscal year following end of present war, of temporary status of Navy or Marine Corps personnel appointed or advanced under authority of act of July 24, 1941, and permanent appointment of Reserve and temporary officers to Regular Navy under act of Apr. 18, 1946. Item 113a. Act of Aug. 4, 1942, 34 U. S. C. 850i..

Certain conditions for employing naval aviation officers on active duty are imposed during time of peace.

Item 113b. Officer Personnel Act of August 7, 1947, 34
U. S. C. 306r.

Continuation of temporary appointments of certain members of the Naval Reserve ordered to active duty in connection with training the Naval Reserve until not later than 6 months after June 30 of the fiscal year following that in which the present war shall end. Item 115. Act of May 25, 1943, 34 U. S. C. 338a__.

Eligibility of commissioned warrant officers and warrant officers for commissioned rank in Navy, Marine Corps, and Coast Guard until June 30 of the fiscal year following the termination of the present war. Item 116. Act of Dec. 14, 1944, and act of Mar. 23, 1946, 50 U. S. C. App. 1691-1697.

Authorization for grades of Fleet Admiral of the Navy and of General of the Army until 6 months after present war.

Item 116a. Officer Personnel Act of Aug. 7, 1947, 34
U. S. C. Supp. III 306 (m).

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No officer may continue to serve on active duty in the grade of commodore later than 6 months after June 30 of the fiscal year following that in which the present war shall end.

Item 118. 50 U. S. C. App. 1711-1715_

Authority for grade and rank of general on active list of the Regular Marine Corps until 6 months after present war.

Item 126. 34 U. S. C. 186, 201b__

In time of war the Secretary of the Navy may extend enlistment periods in the Regular Navy, Marine Corps, and Coast Guard but for no more than 6 months after the termination of the conditions which originally authorized their detention.

"Responsible agency" (italicized) and "commenting agency"

Treasury, Defense.

Defense.

Defense.

Defense.

Defense.

Defense.

Defense.

Defense.

Defense.

Defense.

Defense.

EMERGENCY STATUTORY PROVISIONS EXAMINED BY EXECUTIVE AGENCIES BUT NOT RECOMMENDED FOR

EXTENSION-Continued

Statutory provision, item number, citation, and digest

"Responsible agency" (itali

cized) and "commenting agency"

Defense.

Item 127a. 34 U. S. C. 853c_

Ordering Navy reservists to active duty in time of war or national emergency, for the duration. Item 131a. 34 U. S. C. 841a (in part)

In time of peace Navy and Marine student aviation pilots may, with their consent, in the discretion of the Secretary of the Navy, serve for 2 more years on active duty.

Item 150a. Naval Reserve Act of June 25, 1938.

The following sections of this act become inoperative in time of peace:

Discharge rights of members of Naval Reserve, 34 U. S. C. 853d.

Service and employment rights of Fleet Reserve on active duty, 34 U. S. C. 854d.

Rights of enlisted men transferred to Fleet Reserve after 16 years or more of service, 34 U. S. C. 854e.

Disability and hospital benefits to personnel of Naval Reserve engaged in active duty for periods of 30 days or less prior to official termination of World War II, 34 U. S. C. 855c (fifth proviso).

Appointment and commissioning of officers and Naval Reserve, 34 U. S. C. 855d; distribution, officers of Naval Reserve, 34 U. S. C. 855e.

Training duty of members of Naval Reserve, 34 U. S. C. 855n.

Composition of Naval Reserve Policy Board, 34 U. S. C. 855 (0).

Item 150b. 34 U. S. C. 853c-1..

During peacetime officers of the Naval Reserve and Marine Corps may, with their consent, be employed on active duty.

Item 161. 34 U. S. C. 600b_.

Omission, during any war, of matter prejudicial to national security, from reports required to be made by the Secretary of the Navy to the Armed Services Committees of the House and Senate concerning the settlement of certain claims.

Defense.

Defense.

Defense.

Defense, Justice.

Item 161a. Act of Oct. 20, 1951, sec. 4, Public Law 186, Defense, Justice. 82d Cong.

This section permits, during any war, the omission of facts, the disclosure of which would be prejudicial to the national security, from reports required to be filed with the Armed Services Committees of Congress in connection with the settlement of maritime claims under this act.

Item 168. 22 U. S. C. 412 note_

State, Defense, Com

merce.

Authority for lease of ships, boats, barges, or floating drydocks of the Navy in accordance with Lend-Lease Act of Mar. 11, 1941 (55 Stat. 31) for periods not beyond the termination of present wars. Item 182. Act of July 6, 1812; R. S. 1209, 10 U. S. C. 521 Defense. The President, in time of war, may confer by and with the advice and consent of the Senate brevet commissions upon army officers for distinguished conduct and public service in the presence of the

enemy.

EMERGENCY STATUTORY PROVISIONS EXAMINED BY EXECUTIVE AGENCIES BUT NOT RECOMMENDED FOR

EXTENSION—Continued

"Responsible agency" (itali

Statutory provision, item number, citation, and digest

cized) and "commenting agency"

Item 205. Act of Oct. 6, 1945, 50 U. S. C. App. 1531-34. Defense.
Certain persons under 21 who have enlisted under
act of June 1, 1945, without parents' or guardian's
consent can be discharged from that portion of their
enlistment which extends "beyond the duration of
present wars and 6 months thereafter."

Item 218. Act of July 2, 1926, 10 U. S. C. 291a and 291e__ Defense.
In time of war a flying officer may include any
officer who has received an aeronautical rating as a
pilot of service types of aircraft and also, in time
of war, may include any officer who has received an
aeronautical rating as observer.

Item 222. Act of June 30, 1942, ch. 462, sec. 3; 56 Stat.
464; 50 U. S. C. App. 808.

Modification of age limits for original appointments to commissioned rank in any staff corps of Navy until June 30 of the fiscal year following that in which the present war shall end.

Item 230. Act of Aug. 24, 1912, 48 U. S. C. 1306..

Designation by the President of an officer of the Army to assume exclusive authority and jurisdiction over the operation of the Panama Canal "in time of war—or when, in the opinion of the President, war is imminent."

Item 239. Small Business Mobilization Act of June 11, 1942, 50 U. S. C. App. 1101.

Grants authority to mobilize aggressively the productive capacity of all small business concerns "to augment war production."

Item 244. Act of Jan. 21, 1942, 42 U. S. C. 1544_.

Authority of the HHFA under Lanham Act, sec. 304, during the emergency to adjust rents to the income of the person housed (amending act of Oct. 14, 1940 (54 Stat. 1127, sec. 4), as amended by act of June 28, 1941 (55 Stat. 363, sec. 4 (b)). Item 308. Act of July 5, 1945, District of Columbia Code 3-108 note.

Appointment of retired officer as superintendent of Gallinger Municipal Hospital and detail of commissioned officer of Public Health Service to act as superintendent of same, authorized "until 6 months after present war."

Defense.

Defense, Canal Zone government.

Small Defense Plants
Adm., Commerce,
Defense, RFC.

HHFA, Office of Rent
Stabilization.

District of Columbia.

Item 319. Act of Oct. 21, 1942; 26 U. S. C. 22 and 127. CIA, Treasury.
Losses due to property destroyed or seized in the
course of military or naval operations or under enemy
control in present war shall be allowed for in com-
puting taxes.

Item 338. Act of Oct. 21, 1942; 26 U. S. C. 811 and 1000
note.

Provides that servicemen possessing a power of appointment created on or before Oct. 21, 1942, and remaining in such forces until the termination of the present war shall be considered under legal disability to release a power of appointment in connection with estate and gift taxes until 6 months after the termination of the present war.

Treasury, Defense.

EMERGENCY STATUTORY PROVISIONS EXAMINED BY EXECUTIVE AGENCIES BUT NOT RECOMMENDED FOR

EXTENSION-Continued

"Responsible agency" (itali

Statutory provision, item number, citation, and digest

Item 365a. Veterans Preference Act of June 27, 1944, 5
U.S. C. 851.

Provides that preference be given unmarried widows of deceased ex-servicemen, and ex-servicewomen, and widowed mothers in an unmarried status of deceased and permanently and totally disabled ex-servicemen or ex-servicewomen and other similar categories, where the servicemen served in active duty during any war.

Item 365b. Vocational Rehabilitation Act of June 2, 1920, secs. 2, 3, and 10, ch. 219; 41 Stat. 735, 736, 767, as amended, 29 U. S. C. 32 (a) (10), 33 (a) (1), and 40 (b).

These sections authorize 100 percent Federal reimbursement to States for expenditures in vocational rehabilitation of war-disabled civilians disabled while serving prior to the termination of the war as declared by congressional resolution or Presidential proclamation.

Item 380. Lend Lease Act of Feb. 7, 1942; 22 U. S. C. 412 note.

Authority of the President during the existing national (1941) emergency to permit the Secretary of the Navy to lease ships appropriated for in whole or in part in the Naval Appropriation Act or to dispose of defense articles procured from funds appropriated by this act to countries whose defense he deems vital to the defense of the United States. Item 418a. Merchant Ship Sales Act of Mar. 8, 1946; 50 U. S. C. App. 1742 (c) (3).

Provides for compensation for use of vessels taken by the United States not to exceed 15 percent per year of the sales price and is applicable for the period prior to the termination of the existing 1941 emergency. Item 428. 22 U. S. C. 412a__

Provides for the lease of certain merchant vessels under the Lend-Lease Act until 6 months after the present war.

Item 439. 50 U. S. C. App. 1291 and 1295.

Extends to seamen employed through the War Shipping Administration and its successor (Maritime Administration) the rights of American seamen on private vessels, until 6 months after present war (during continuance of title I of the First War Powers Act).

Item 443. 46 U. S. C. 85g (e).

Concealing, removing, etc., marks placed on American vessels is not penalized if done to prevent "capture by an enemy."

Item 444. 46 U. S. C. 1304__

Under contracts for the carriage of goods by sea, neither the carrier nor the ship is to be liable for loss or damage arising or resulting from an "act of war" or "act of public enemies."

Item 458. 50 U. S. C. App. 1721 and 1725 -

Authority for grade and rank of admiral on the active list of the Regular Coast Guard until 6 months after the present war.

cized) and "commenting agency"

CSC, VA, Defense,
Justice.

FSA, Defense, VA.

Defense, State.

Commerce, Justice.

State, Commerce,
Maritime Board.

Commerce, Maritime
Board.

Defense, Commerce,
State.

Commerce, Treasury,
State.

Defense, Treasury.

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