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ties as conditions warrant. The closest cooperation between district and division engineers, continental army commanders, the Red Cross, and other relief agencies is necessary to mitigate the results of disastrous floods. Efforts incident to the repair, restoration, and maintenance of flood control works and rescue of flood victims are performed by the Corps of Engineers. Army assistance in the relief of human suffering is the responsibility of the continental army commander.

(2) Whenever, in connection with flood disasters, assistance beyond the statutory authority of the Corps of Engineers is requested of the Corps of Engineers by the Federal agency designated to coordinate Federal relief activities (§ 502.1 (a)), the continental army commander concerned will be informed by the division or district engineer and his concurrence will be obtained before such assistance is furnished. Request for an allotment of funds required therefor, will be made simultaneously by the division or district engineer to the army commander, who will make the allotment provided such funds are available. In any case where funds from military appropriations cannot be made available by the army commander and where the Federal agency designated to coordinate Federal relief activities certifies that funds therefor are available under the provisions of the act of September 30, 1950, the Corps of Engineers may provide the requested assistance using any available civil funds pending reimbursement. [17 F. R. 9601, Oct. 23, 1952, as amended at 18 F. R. 8490, Dec. 18, 1953]

§ 502.3 Department of the Army policies. (a) Disaster relief will not be undertaken by the Department of the Army without the authority delegated by the Congress in act September 30, 1950, or by direction of the President, unless:

(1) The overruling demands of humanity compel immediate action to prevent starvation and extreme suffering, in which event continental army commanders will use personnel, supplies, and equipment under their control within their own discretion, and notify the Department of the Army, and

(2) Local resources are clearly inadequate to cope with the situation, in which event the relief measures to be undertaken will be those deemed necessary by the the continental Army com

mander, subject to the provisions of §§ 502.1 to 502.4. Local resources as here used comprise all resources available to the respective State and municipal authorities augmented by those available to the Red Cross in the affected areas.

(b) In order to conserve the use of troops, equipment, and supplies to the maximum, their utilization as set forth in §§ 502.1 to 502.4 is authorized only during the actual existence of the emergency. Sections 502.1 to 502.4 are not to be construed as authorizing assistance during the period of rehabilitation which normally follows a disaster. Troops and equipment will be withdrawn and the issue of supplies stopped at the earliest practicable moment.

[17 F. R. 9601, Oct. 23, 1952, as amended at 18 F. R. 8490, Dec. 18, 1953]

§ 502.4 Actions required-(a) "Major disasters." The act of September 30, 1950, as amended, in no way precludes Department of the Army action, where required in emergencies, pending determination by the President that a disaster is a "major disaster" under the terms of the law. Department of the Army action subsequent to such a finding, however, will be governed by the coordination and direction of the Federal agency appointed by the President. The extent, manner, and duration of Army participation will be as directed or requested by the agency acting as the President's designated representative and as is in consonance with §§ 502.1 to 502.4. Normal channels will be between continental Army commanders and the field representative of the agency designated to represent the President.

(b) Direct military assistance. In the event that direct relief is provided to distressed areas where the Red Cross and other Federal assistance under the act of September 30, 1950, are absent, the Army Establishment will provide assistance and relief consistent with the provisions of §§ 502.1 to 502.4 and with the minimum practicable diversion of Army resources. Where appropriate, the use of Naval or Air Force resources may be coordinated either separated or in conjunction with Army assistance.

(c) Authorized sales. If the disaster is of such a nature that no supplies are available except those in possession of the military authorities, such supplies, at the discretion of the officer in charge of

relief activities, may be sold in accordance with current pricing policy, but such sales must be made only where necessary to prevent suffering directly resulting from the disaster. These sales

are authorized to meet unforeseen contingencies.

[17 F. R. 9601, Oct. 23, 1952]

RELIEF SHIPMENTS

§ 502.10 Rules and regulations governing parcel post shipments of individual relief packages to Japan, Korea, and the Ryukyus-(a) Scope of section. Provided in this section are rules under which the Department of the Army will pay ocean freight charges from United States ports to certain foreign ports of entry of relief packages originating in the United States (including its territories and insular possessions) and consigned by an individual by parcel post to an individual residing in Japan, Korea, or the Ryukyus Islands.

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(b) Definition of relief package. "relief package" is defined as a gift parcel, containing articles permitted by paragraph (d) of this section to be sent by an individual free of cost to the person receiving it for the personal use of himself or his immediate family.

(c) Manner of payment of ocean freight charges. The Department of the Army will reimburse the Post Office Department for the ocean freight charges on relief packages sent by parcel post by an individual on or after August 2, 1948, to the countries listed above, to the extent that the international parcel post rate paid by the sender has been reduced pursuant to regulations of the Post Office Department.

(d) Limitations of contents of relief packages. (1) The items which may be included in relief packages are those approved by the Department of the Army and published from time to time in Post Office Bulletins. These items include nonperishable food; clothing and clothes-making materials; shoes and shoe-making materials; mailable medical and health supplies; and household supplies and utensils, if permitted under existing postal regulations.

(2) The combined total domestic retail value of all soap, butter, and other edible fats and oils included in each relief package must not exceed $5.00; and the combined total domestic retail value of all streptomycin, quinine sulfate, and

quinine hydrochloride included in each relief package must not exceed $5.00.

(e) Weight and size limitations. The maximum weight and dimensions of each relief package sent by parcel post must conform to the limitations established by the Post Office Department for the particular country of destination.

(f) Identification. When a relief package is presented for mailing under this section, the words "U. S. A. Gift Parcel" shall be endorsed on the addressee side of the package and also entered on the customs declaration. The use of the words "U. S. A. Gift Parcel" is a certification by the individual mailing the relief package that the provisions of this section have been met.

(g) Postal regulations. Information concerning the Post Office regulations should be obtained from the local offices of the Post Office Department with respect to size and weight limitations, customs declaration (Form 2966), dispatch note (Form 2972), and the postage rate applicable for such shipments.

(h) Import regulations. Senders of relief packages are reminded that each receiving country has import and customs regulations and that certain items may be subject to import restrictions or duties. Information regarding such import and customs regulations may be ascertained either from the proposed recipient, from the Office of International Trade, Department of Commerce, Washington, D. C., or any of the district offices of the Department of Commerce.

(i) Saving clause. The Secretary of the Army and the Postmaster General may waive, withdraw, or amend at any time or from time to time any or all of the regulations contained in this section. [13 F. R. 5426, Sept. 17, 1948]

§ 502.11 Commercial freight shipments of supplies by voluntary nonprofit relief agencies—(a) Scope of section. Provided in this section are the rules under which the Department of the Army, in order to further the efficient use of United States voluntary contributions for relief in the foreign countries hereinafter named, will pay ocean freight charges from United States ports to designated foreign ports of entry on supplies donated to or purchased by United States voluntary non-profit relief agencies registered with and recommended by the Advisory Committee on Voluntary Foreign Aid (called "the Committee" in

this section), for distribution in Japan, Korea, and the Ryukyus Islands.

(b) Agencies within scope of this section. Any United States voluntary nonprofit relief agency may make application to the Chief, Fiscal and Statistical Group, Office of the Food Administrator for Occupied Areas, Department of the Army, Washington 25, D. C., for reimbursement of ocean freight charges on shipments of supplies donated to or purchased by it for distribution within the foreign countries listed in paragraph (a) of this section, Provided:

(1) The agency is registered with and recommended by the Committee to the Department of the Army;

(2) The supplies are within the general program and projects of the agency as previously submitted to and approved by the Committee, and are essential in support of such programs and projects;

(3) The agency's representatives to whom the supplies are consigned for distribution abroad are acceptable to the Committee;

(4) The Committee has notified the Department of the Army that:

(i) The agency is not engaged in commercial or political activities;

(ii) Contributions to the agency are eligible for tax exemption under income tax laws;

(iii) The agency is directed by an active and responsible board of American citizens who serve without compensation;

(iv) The accounts of the agency are regularly audited by a certified public accountant;

(v) The agency currently reports its activities and operations to the Committee including its budget and reports of income and expenditures, its transfer of funds, and its exports of commodities and such other information as the Committee may deem necessary, and such reports are open for public inspection;

(vi) The general program and projects by countries of operation of the agency have been approved by the Committee to permit the coordination of private agency programs with each other and with the programs of the Department of the Army in Japan, Korea, and the Ryukus Islands;

(vii) The Government of the country in which the supplies are distributed

affords appropriate facilities for the necessary and economic operation of the agency's general program and projects;

(viii) The supplies are free of customs duties, other duties, tolls, and taxes;

(ix) The agency has assumed responsibility for noncommercial distribution of the supplies free of cost to the person or persons ultimately receiving them and distribution of the supplies is supervised by United States citizens, and such operations are appropriately identified as to their American character.

(c) Manner of payment of ocean freight charges. The Department of the Army will reimburse agencies qualified under this part, to the extent of ocean freight charges paid by them for shipments made in conformity with this section: Provided, That application for such reimbursement on shipments made during the period July 1, 1948 through November 10, 1948, must be submitted to the Department by December 15, 1948; and on shipments made after November 15, 1949 within thirty days of date of shipment, together with receipted invoices for such charges, supported by ocean bills of lading, showing that such charges are limited to the actual cost of transportation of the supplies from end of ship's tackle at the United States port of loading to end of ship's tackle at port of discharge, correctly assessed at the time of loading by the carrier for freight on a weight, measurement or unit basis, and free of any other charges.

(d) Refund by agencies. Any agency reimbursed under this part will refund promptly to the Department of the Army upon demand the entire amount reimbursed (or such lesser amount as the Department may demand) whenever it is determined that the reimbursement was improper as being in violation of any of the provisions of the Foreign Assistance Act of 1948, any acts amendatory thereof or supplemental thereto, any relevant appropriation acts, or any rules, regulations or procedures of the Department of the Army.

(e) Saving clause. The Secretary of the Army may waive, withdraw, or amend at any time or from time to time any or all of the provisions of this section. [13 F. R. 6722, Nov. 17, 1948]

§ 502.12 Ocean freight shipments of individual relief packages-(a) Scope of section. Provided in this section are the

rules under which the Department of the Army will make reimbursement for ocean freight charges from a United States port to designated foreign ports of entry on relief packages originating in the United States, its territories and insular possessions, and consigned to individuals residing in Japan, Korea or the Ryukyus Islands, which relief packages are assembled and shipped by persons in the manner provided in this section.

(b) Persons within scope of section. Any person, including individuals, partnerships, corporations or associations, shall be entitled to make shipments under the provisions of this section, provided such person has complied with the requirements for export as established by the Office of International Trade, Department of Commerce, covering such shipments, including the filing with the Collector of Customs of a fourth copy of the export declaration with a list attached thereto of the names and addresses of the donors in the United States and the individual donees abroad who are to receive the parcels included in the shipment, and provided such person assembles and ships said packages under a general ocean bill of lading for ocean freight shipment.

(c) Manner of payment of charges. (1) Persons within the scope of this section making shipments of relief packages may make application to the Chief, Fiscal and Statistical Group, Office of the Food Administrator for Occupied Areas, Department of the Army, Washington 25, D. C., within 30 days of each shipment for payment of ocean freight charges. Such application shall be accompanied by a receipted invoice for ocean freight charges, supported by ocean bill of lading bearing the number of the export declaration and the export license number or symbol under which such shipment was made. In addition, where the shipment is being made by an agent on behalf of another person, the agent must submit an affidavit in form satisfactory to the Department certifying that no part of the freight charges for which he seeks payment, as provided in the section applicable to the Department of the Army under Title I of the Foreign Aid Appropriation Act, 1949 (P. L. 793, 80th Congress), was passed on to the person or persons donating such packages, and that the price charged the donor of each package for the articles contained therein does not

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Provided, however, That where shipments are made by individuals to individuals, reimbursement will be made to the individual sender in the amount of the actual cost of ocean freight paid for transporting the packages from end of ship's tackle at point of loading to end of ship's tackle at port of discharge.

(d) Definition of relief package. A "relief package" is defined as a gift parcel, containing articles permitted by paragraph (e) of this section, to be sent free of cost to the person receiving it and for the personal use of himself or his immediate family, and shall be identified as a gift package by the conspicuous endorsement on the addressee side of the package of the words "USA Gift Parcel." (e) Limitation of contents of relief package. The contents of a relief package shall be limited to:

(1) Nonperishable food; clothing and clothes-making materials; shoes and shoe-making materials; medical and health supplies; and household supplies and utensils.

(2) Relief packages shipped hereunder are subject to regulations prescribed by the Office of International Trade of the Department of Commerce, but in no event shall exceed 44 pounds gross weight.

(f) Saving clause. The Secretary of the Army may waive, withdraw or amend at any time or from time to time any or all of the provisions of this section. [13 F. R. 7328, Dec. 1, 1948]

Part 503-Arrest and Confinement of Persons Not Subject to Military Law

§ 503.1 tary law.

Persons not subject to miliPersons not subject to military law may be apprehended or restrained by members of the Army Establishment, as follows:

(a) General. All members of the Army Establishment have the ordinary right and duty of civilians to assist in the maintenance of the peace. Where, therefore, a felony or a misdemeanor amounting to a breach of the peace is being committed on a military reservation, it is the right and duty of every member of the military service, as of every civilian, to apprehend the perpetrator no matter what his status.

(b) Restraint. The restraint imposed by paragraph (a) of this section will not exceed that reasonably necessary, nor extend beyond such time as may be required to dispose of the case by orderly transfer of custody to civil authority or otherwise, under the law.

(c) Ejection. Persons not subject to military law who are found within the limits of military jurisdiction in the act of committing a breach of regulations, not amounting to a felony or a breach of the peace, may be removed therefrom upon order from the commanding officer and ordered by him not to reenter. For penalty imposed upon reentrance after ejection, see act June 25, 1948 (62 Stat. 1765; 18 U. S. C. 1382), as amended. (R. S. 161; 5 U. S. C. 22) [16 F. R. 5471, June 9, 1951]

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this subchapter, is made available to the public. This responsibility extends through all echelons to include all individuals and is an important function of command.

(2) Heads of administrative and technical services are responsible for establishing broad policies governing information pertaining to their national missions, and for effecting necessary coordination of the public information activities of class II installations and activities so far as they have a bearing on these national missions. They will also collect, develop, and prepare informational material pertaining to their activities for dissemination to the public. All such material will be channeled through the Office of the Chief of Information, except where public information media direct specific requests to the head of the service or project concerned. In such events, the requested information, if of a routine nature, will be prepared in duplicate by the office of technical information concerned and original released to the requesting media. The duplicate will be forwarded to the Office of the Chief of Information. Should the inquiry concern the United States Army as a whole or involve other services, or material in which there are questions of security, broad policy, or propriety, clearance for release will first be obtained through the Office of the Chief of Information.

(b) Army Field Forces. The public information responsibilities of the Chief of Army Field Forces include:

(1) Public information planning in connection with maneuvers and joint exercises under the jurisdiction of Army Field Forces.

(2) Furnishing public information advice to field commanders regarding public information functions of the Office, Chief of Army Field Forces.

(3) Publicizing training plans and directives.

(4) General supervision of public information functions in the continental armies pertaining to training.

(5) Coordination and supervision of public information instruction at all Army schools involved in training individuals utilized by an army in the field.

(6) Security review of all material, for national release to the public, pertaining to the training of units and individuals of continental armies. Material involv

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