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Special Message to the Congress on Termination of Emergency and Wartime Powers.

February 19, 1947

To the Congress of the United States:

During the year and a half that have elapsed since the defeat of our last enemy in battle, we have progressively eliminated the great majority of emergency controls over the Nation's economy. The progress of reconversion now makes it possible to take an additional step toward freeing our economy of war-time controls.

Accordingly, I am recommending that the Congress repeal certain temporary statutes still in effect by virtue of the emergencies proclaimed by the President in 1939 and 1941, and I have requested the executive departments and agencies to cease operations under powers derived from certain permanent statutes that are effective only during emergencies, to the extent that such operations are related to the 1939 and 1941 emergencies.

The recommendations I here present for the consideration of the Congress will, if accepted, materially assist in further freeing the country of war controls and will help make possible an early ending of the emergencies. I have under continuing study the question of terminating the emergencies proclaimed in 1939 and 1941, and intend to take action as soon as circumstances permit.

In my recent message to the Congress on the State of the Union I outlined the following program with respect to the termination of emergency and war-time powers:

"Two groups of temporary laws still remain: The first are those which by Congressional mandate are to last during the 'emergency'; the second are those which are to continue until the termination of the War.

"I shall submit to the Congress recommendations for the repeal of certain of the statutes which by their terms continue for the duration of the 'emergency.' I shall at the same time recommend that others within this classification be extended until the state of war has been ended by treaty or by legislative action. As to those statutes which continue until the state of war has been terminated, I urge that the Congress promptly consider each statute individually, and repeal such emergency legislation where advisable."

Accordingly, I now submit recommendations with respect to more than 100 laws which are affected by the limited emergency declared September 8, 1939, or the unlimited emergency declared May 27, 1941.

In the case of these statutes that remain in force until termination of the war, I have directed the executive departments and agencies to assist the Congress in its consideration of these statutes, individually, by making available full information concerning them to the appropriate Congressional committees. The work done on this subject in the 79th Congress by the Committees on the Judiciary of both Houses, with the assistance of the Office of War Mobilization and Reconversion, the Department of Justice, and other Government agencies should offer valuable aid to the Congress in accomplishing the task which remains. At a later date it may prove desirable to send a further communication to the Congress concerning these statutes.

Emergency laws dealt with in this message fall into five broad classes: (a) Temporary statutes which are no longer needed, and which consequently should be repealed forthwith; (b) Permanent statutes under which operations related to the 1939 or 1941 emergencies have been or are being discontinued, but which should remain for possible use during future emergencies; (c) Statutes appropriating funds, which should, when the funds are no longer required, be handled by rescission of funds rather than by repeal of the statutes; (d) Statutes which should be temporarily extended by the Congress pending consideration of permanent legislation or other dispositions as indicated below; (e) Statutes which should continue in force for the period or purpose stipulated.

In appendices to this message the statutes under reference are enumerated according to the above classifications.

A. Temporary Statutes Which Should Be Repealed

I recommend the outright repeal of the 24 statutes or portions thereof specified in Appendix A. To a greater or lesser degree, all these statutes were designed to meet special problems of the war which no longer face us. It should be noted, however, that repeal of one of these laws will restore customs duties over certain commodities. In repealing it, the Congress should provide for the customary thirty days' notice before duty changes become effective.

B. Permanent Statutes Effective Only During An Emergency

The 36 laws enumerated in Appendix B are permanent legislation but come into force only during emergencies. Many of them were enacted during or before the first World War. Nothing requires their removal from our body of permanent law at this time, and it is preferable that operations conducted under them by virtue of the 1939 and 1941 emergencies should lapse rather than that the statutes should be repealed.

I have requested the head of each executive department and agency to discontinue at the earliest possible moment and in any event not later than March 15, 1947, the exercise of such powers as are derived, from these statutes, by virtue of the existence of the emergencies of 1939 and 1941.

C. Statutes Appropriating Funds

When appropriated funds are no longer required, it is the established procedure of the Congress to rescind these funds rather than to repeal the appropriation acts. On six occasions since the surrender of Japan I have recommended that the Congress rescind certain appropriated funds, and I shah continue to make recommendations for rescission of funds whenever possible.

Dependent upon the emergencies of 1939 and 1941 are 20 appropriation provisions listed in Appendix C. Expenditures under two of these acts have already ceased. Expenditures under twelve others will be terminated as rapidly as possible, and appropriate recommendations for rescission will be made.

In the case of four acts making appropriations for roads under the Defense Highway Act of 1941, after the end of the emergency these funds will continue to be needed by the Federal Works Agency for maintenance of access road projects until June 30, 1947, completion of access road projects now under construction, strategic network projects, and necessary advance engineering. I shall shortly transmit a budgetary communication in the usual form for this purpose.

In the case of the appropriation acts by which funds were provided for clerical assistance to Senators and for the Capitol police force, this is, of course, a matter which exclusively concerns the Congress.

D. Statutes Which Should Be Temporarily Extended

In the case of most of the 12 statutes listed in Appendix D, the Congress may wish to consider permanent legislation. In order to preserve existing activities and conditions until the Congress has had an opportunity to consider such legislation, I recommend the temporary extension of these statutes until June 30, 1948. In a few cases, termination on an indicated date appears desirable even though permanent legislation is not contemplated. The reasons for temporary extension in each case, the period of extension requested, and the executive departments and agencies interested are set forth in Appendix D.

E. Statutes Remaining in Force for the Period or Purpose Stipulated

Of the remaining 10 statutes affected by the existence of the emergencies, five will continue in force for a stipulated period after the emergencies have been declared at an end, and two have no termination provisions. The remaining statutes consist of one mandatory law under which operations cannot be discontinued during the emergencies (Act of July 2, 1940); and another two laws which are needed until the end of the emergencies (Act of June 29, 1936, and Act of March 8, 1946). The five statutes with terminal provisions beyond the emergencies should be allowed to remain in force for the periods stipulated by their terms; the two statutes without termination provisions should continue for the limited purposes provided; and the remaining statutes should be permitted to lapse according to their terms.

These statutes are enumerated in Appendix E, which states the purpose for which each of these laws will be needed and lists the executive departments or agencies concerned.

HARRY S. TRUMAN

APPENDIX A--STATUTES WHICH SHOULD BE REPEALED

Act of June 11, 1940, title II (54 Stat. 265, 293). Authorizes the Secretary of the Navy to exceed the statutory limit, under the Bureau of Engineering and the Bureau of Construction and Repair (consolidated into the Bureau of Ships by Act of June 20, 1940 (54 Stat. 492)), on repair and alterations to vessels commissioned or converted "to meet the existing emergency."

Act of June 26, 1940 (54 Stat. 599). Authorizes employment of Dollar-A-Year men "until such time as the President shall declare the 'present emergency at an end."

Act of April 1, 1941 (55 Stat. 62, 71). Permits foreign service officers unable to serve abroad to serve in other posts "during the period of the existing state of emergency proclaimed by the President on September 8, 1939."

Act of July 11, 1941, sec. 3 (55 Stat. 585; 50 U.S.C. Supp. V, App. 1181). Authorizes the Secretary of the Treasury "during the national emergency declared by the President on September 8, 1939, to exist," to negotiate construction and repair contracts for the Coast Guard subject to the provisions of section 2 of the act of June 28, 1940, and to waive the provisions of the act of August 24, 1945 (49 Stat. 793), relating to performance and payments bonds.

Act of November 19, 1941, Sec. 6, in part, as amended (55 Stat. 766) authorization to appropriate certain funds for the access road program "during the continuance of the emergency declared by the President on May 27, 1941."

Act of December 23, 1941 (55 Stat. 855, 856). Authorizes the Secretary of Agriculture to procure, transport, and distribute agricultural and other commodities and supplies to meet the emergency requirements of the territories and possessions of the U.S., appropriation for which "shall remain available for expenditure . . . until six months . . . after termination of the unlimited national emergency declared . . . on May 27, 1941"

Act of January 2, 1942 (55 Stat. 881). Permits the employment of U.S. nationals on public works in Hawaii "during the national emergency declared by the President on May 27, 1941."

Act of January 24, 1942 (56 Stat. 17). Permits the withdrawal of alcohol for industrial purposes without tax during "the unlimited national emergency proclaimed May 27, 1941."

Act of February 7, 1942, title III, sec. 301 (56 Stat. 53, 82; 22 U.S.C., Supp. IV, 412, note). Authorizes, within a total monetary limitation, the disposition under the Lend-Lease Act (22 U.S.C. Supp. IV, 411, et seq.) of ships appropriated for in whole or in part under the heading "Increase and Replacement of Naval Vessels, Emergency Construction," for a period not exceeding "the duration of the existing national emergency."

Act of February 7, 1942 (56 Stat. 63) providing that "no officer of the Navy or Marine Corps who has been, or heretofore may be, adjudged fitted shall be involuntarily retired prior to six months subsequent to the termination of the existing national emergency.

Act of February 21, 1942, title I (56 Stat. 98, 101; 39 U.S.C. 32lb, note). Suspends the requirement, so far as the Selective Service System is concerned, to submit to the Postmaster General quarterly reports of mail transmitted under the penalty mail privilege during the period of the emergency declared by the President on May 27, 1941.

Act of March 27, 1942 (56 Stat. 187). Permits removal and transfer of alcohol for redistillation without tax during the unlimited national emergency proclaimed May 27, 1941.

Act of June 5, 1942 (56 Stat. 323), sec. 4. Permits the lease or sale of public lands by the Secretary of the Interior for the manufacture of munitions. "This Act shall cease to be operative six months after the termination of the unlimited emergency proclaimed by the President in the proclamation of May 27, 1941."

Act of July 8, 1942 secs. 1 and 4 (56 Stat. 649; 10 U.S.C. Supp. V 299a, 299d). Creating for the AAF the title of "Flight Officer," authorizing flight officers to be appointed, and upon appointment, to be commissioned in the Army of the U.S. under the provisions of the Act of September 22, 1941. (The Act of September 22, 1941 (55 Stat. 728), as amended by the Act of July 7, 1943, sec. 1 (57 Stat. 380; 10 U.S.C. Supp. IV, 484, note) authorizes temporary appointments of certain persons to be made as officers in the Army of the U.S. "during the present emergency", and further provides that any appointment may be vacated at any time by the President and, if not sooner vacated, "shall continue during the present emergency and six months thereafter.")

Act of September 29, 1942 (56 Stat. 760). Makes transportation and storage facilities available for military use by authorizing the removal of merchandise in customs' custody, "until the expiration of 6 months after the termination of the unlimited national emergency proclaimed by the President on May 27, 1941."

Act of December 17, 1942 (56 Stat. 1052). Amends the annual leave act of March 14, 1936 (49 Stat. 1161), to permit the accumulation of 90 days' annual leave for Government employees during the national emergency declared by the President of the United States on September 8, 1939.

Act of December 24, 1942 (56 Stat. 1080). Permits any holder of oil or gas leases on the public domain who discovers a new oil or gas field to have his royalty computed at a flat rate of 12 1/2 percent during the period of the national emergency proclaimed by the President on May 27, 1941.

Act of June 22, 1943 (57 Stat. 161), amending sec. 353(b) of the Communications Act of 1934, amended to suspend the requirement of 6 months prior service for radio officers on certain cargo ships "during the ,emergency 'proclaimed September 8, 1939."

Act of July 9, 1943 (57 Stat. 390). Relieves newspapers or other periodicals that suspended publication because of war conditions from payment of second-class application fees upon resumption of publication, if regular publication is resumed "prior to the end of the 6th month following the expiration of the unlimited national emergency proclaimed by the President on May 27, 1941."

Act of July 12, 1943 (57 Stat. 520). Permits the use of butter substitute at St. Elizabeths Hospital "during the present national emergency." (This has now been otherwise provided for.)

Naval Appropriation Act of 1945, June 22, 1944 (58 Stat. 301, 308; 34 U.S.C. Supp. IV, 1042 note). Authority to appoint qualified enlisted men of the Navy, Naval Reserve, and Marine Corps to the Naval Academy after 9 months of service "during the present emergency."

Act of September 21, 1944, title II, sec. 207 (58 Stat. 734, 736). Amends section 2 of the Clarke-McNary Act of June 7, 1924 (16 U.S.C. 565). Provides that for each fiscal year "during the existing emergency" the Secretary of Agriculture may authorize expenditures not to exceed $1,000,000 from certain prior appropriations, for protection against forest fires, without requiring an equal expenditure by the State and private owners.

Act of December 20, 1944 (58 Stat. 817, 19 U.S.C., Supp. IV, 1001, par. 758, note) suspending duty on coconuts for unlimited national emergency of May 27, 1941.

Act of May 29, 1945 (59 Stat. 208, Public Law 62, 79th Cong. 1st sess.). Provides in appropriation to the Navy Department, Bureau of Supplies and Accounts, that "during the present emergency" qualified enlisted men of the Navy, Naval Reserve, and Marine Corps may be appointed to the Naval Academy after 9 months of service.

APPENDIX B--PERMANENT STATUTES EFFECTIVE ONLY DURING AN EMERGENCY

Act of July 5, 1884 (23 Stat. 109), as amended. Authorizes certain discretion in the purchase of supplies for the Army "in cases of emergency."

Act of July 5, 1884 (23 Stat. 110), as amended. Waives the requirement of advertising for the purchase of means of transportation by the Quartermaster Corps "in cases of extreme emergency."

Act of August 1, 1892, sec. 1 (27 Stat. 340), as amended. Prohibits employment of laborers and mechanics by the United States or the District of Columbia in connection with dredging or rock excavation in any river or harbor of the United States or the District of Columbia for more than 8 hours a day "except in case of extraordinary emergency."

Act of April 11, 1898 (30 Stat. 737). Exempts lands acquired "in case of emergency" for the erection of an urgently needed temporary fort or fortification from formalities and procedures which, under other Acts, would delay payment therefor.

Act of February 2, 1901, sec. 18 (31 Stat. 752). Authorizes the Surgeon General of the Army with the approval of the Secretary of War to appoint as many contract surgeons as may be necessary "in emergencies."

Act of March 2, 1901 (31 Stat. 905). Authorizes purchase of supplies of the Army, without advertising "in cases of emergency.

Act of March 17, 1916 (39 Stat. 36). Organizations of the Army below the maximum enlisted strength authorized by law may be raised to that strength "when in the judgment of the President an emergency arises which makes it necessary."

Act of June 3, 1916, as amended, sec. 35 (41 Stat. 780; 10 U.S.C. 426). No member of the Enlisted Reserve Corps shall be ordered to active duty in excess of the number permissible under appropriations made for this specific purpose, nor for a longer period than 15 days in any one calendar year, without his own consent, "except in time of a national emergency expressly declared by Congress."

Act of June 3, 1916, sec. 38, as amended by the act of June 19, 1935, sec. 1 (49 Stat. 391). "Except in time of a national emergency expressly declared by Congress," no officer of the National Guard of the United States shall be employed on active duty for more than 15 days in any calendar year without his own consent.

Act of June 3, 1916, Sec. 37a, as amended by the act of June 4, 1920, sec. 32 (41 Stat. 776). Employment of reserve officers on active duty is restricted to 15 days a year without such officers' consent, "except in time of a national emergency expressly declared by Congress."

Act of June 3, 1916, sec. 69 (39 Stat. 200), as amended. "in the event of an emergency declared by Congress" the period of enlistment in the National Guard which otherwise would expire may be extended by Presidential proclamation for a period of six months after the termination of the emergency.

Act of August 29, 1916 (39 Stat. 602). Authorizes the President "whenever in his judgment a sufficient national emergency shall exist" to transfer to the Navy Department or the War Department vessels, equipment, and personnel of the Coast Guard.

Act of March 4, 1917 (39 Stat. 1192). Authorizes the President to suspend the provisions of law prohibiting more than 8 hours' labor in any one day of persons engaged in work covered by contracts with the United States "in case of national emergency."

Act of May 22, 1917, sec. 16 (40 Stat. 87). Relates to transfer of personnel, equipment, etc., of Coast and Geodetic Survey to jurisdiction of the War or Navy Departments "in time of national emergency."

Act of June 15, 1917, title II, sec. 1 (40 Stat. 220). Authorizes the Secretary of the Treasury (or the Secretary of the Navy when the Coast Guard operates as a part of the Navy) to assume control over foreign or domestic vessels in United States ports "whenever the President by proclamation or Executive Order declares a national emergency to exist by reason of actual or threatened war, insurrection or invasion, or disturbance or threatened disturbance of the international relations of the United States."

Act of July 1, 1918 (40 Stat. 714), as amended. Authorizes the President to increase to a stated figure the authorized enlisted strength of the active list of the Regular Navy "whenever in his judgment a sufficient emergency exists."

Act of May 24, 1924 (43 Stat. 146), sec. 19, renumbered sec. 27 and amended. Authorizes the President to recall any retired foreign-service officer temporarily to active service "in the event of public emergency."

Act of March 3, 1925 (43 Stat. 1110). Authority to close Fort McHenry Military Reservation in Maryland, "in case of a national emergency," and use it for military purposes during the period of such emergency and as long thereafter as necessary.

Act of April 12, 1926 (44 Stat. 241). Authorizes the Secretary of War to lease to the city of Tucson, Ariz., certain lands for a municipal aviation field. The Government of the United States may assume absolute control of the management and operation of the field for military purposes "in case of emergency," or in event it shall be deemed advisable.

Act of May 29, 1926 (44 Stat. 677). Authorizes an exchange of certain lands and the establishment of an aviation field near Yuma, Ariz. The War Department may assume absolute control of the management and operation of the field "in case of emergency" or in the event that it shall be deemed advisable by the Secretary of War.

Act of May 14, 1930, sec. 10 (46 Stat. 329, 332). Authorizes the Secretary of the Navy to lease the floating drydock and waterfront accessories at the naval station, New Orleans (Algiers), for periods "not exceeding ten years," any lease to be revocable at his discretion "in case of national emergency declared by the President."

Act of May 29, 1930 (46 Stat. 479). Authorizes the Secretary of the Navy to lease the naval destroyer and submarine base at Squantum, Mass., for periods not exceeding 25 years, any lease to be revocable at the discretion of the Secretary of the Navy "in case of national emergency declared by the President."

Act of March 3, 1931, as amended by the Act of August 30, 1935, sec. 6 (49 Stat. 1011, 1013). Authorizes the President to suspend certain provisions of the Act of March 3, 1931, as amended, relating to the rate of wages for laborers and mechanics under public contracts "in the event of a national emergency."

Act of February 28, 1933, sec. 4 (47 Stat. 1367, 1368). Possession of certain property authorized to be conveyed to the county of Arlington, Va., for highway purposes may be resumed "whenever in the judgment of the President an emergency exists that requires the use and appropriation of the same for the public defense."

Act of March 9, 1933, sec. 4 (48 Stat. 2). Forbids the Federal Reserve banks to transact business except under regulations prescribed by the Secretary of the Treasury with the approval of the President, "during such emergency period as the President... by proclamation may prescribe."

Act of June 15, 1933, sec. 7 (48 Stat. 156). An extension by the President of enlistment terms of the National Guard 6 months "in the event of an emergency declared by Congress."

Act of May 15, 1936 (49 Stat. 1278, 1292). Authorizes and directs the Secretary of War to convey to the city of Little Rock, Ark., certain lands for public purposes. Provides that "in time of national emergency," upon request of the Secretary of War the municipality shall turn over to the United States complete control and operation of the property without rental or other charge, for use for such length of time "as the emergency shall require," in the discretion of the Secretary of War.

Act of May 27, 1936 (49 Stat. 1387). Authorizes the Secretary of Commerce to convey the Charleston Army Base Terminal to the city of Charleston, S.C. Any deed is to contain a condition that "in the event of a national emergency" the property may be taken upon order of the President by the United States for the use of the War Department, "during the period of such emergency."

Act of June 19, 1936 (49 Stat. 1535). Authorizes the Secretary of War to transfer certain lands to the Territory of Hawaii, the conveyance to contain a condition and a reservation reserving the right to resume and occupy the land whenever in the judgment of the President "an emergency exists that requires the use and appropriation of the same for public defense."

Act of June 29, 1936, Merchant Marine Act, 1936, sec. 712(d) (49 Stat. 2010), as amended. Termination of charters. Power exercisable "whenever the President shall proclaim that the security of the national defense makes it advisable, or during any national emergency declared by proclamation of the President."

Act of February 16, 1938, title III, sec. 371, as amended (52 Stat. 64). Authorizes the Secretary of Agriculture to cause an immediate investigation when he has reason to believe the marketing quota for corn, wheat, cotton, rice, tobacco, or peanuts should be increased or terminated "because of a national emergency" or because of a material increase in export demand.

Act of June 21, 1938, sec. 3 (52 Stat. 833, 834). Authorizes the Maritime Commission to sell or lease the Hoboken pier terminal to the city of Hoboken, N.J. In the event of any sale, the deed is to contain a covenant that the property may be taken upon order of the President "in event of a national emergency" for use of the War Department "during the period of such emergency."

Act of August 7, 1939 (53 Stat. 1254). Permits the requisition of United States owned vessels, "whenever the President shall proclaim that the security of the U.S. makes it advisable or during any national emergency declared by proclamation of the President." Act of June 14, 1940, sec. 10 (54 Stat. 394, 395). Makes applicable to naval public utilities projects in the 14th Naval District (Pearl Harbor, Hawaii) provisions of the Act of April 25, 1939 (53 Stat. 590, 592). Authorizes contracts upon a cost-plus-a-fixed-fee basis in certain cases, "during the period of any national emergency declared by the President to exist."

Act of July 2, 1940 (54 Stat. 724). Authorizes the President "in the event of declared national emergency," to set aside the requirement that the natural features of Barro Colorado Island are to be left in their natural state for scientific observation and investigation.

Act of December 16, 1941 (55 Stat. 807). Authorizes the Secretary of the Treasury (or the Secretary of the Navy "in the event the Coast Guard should operate as a part of the Navy") to purchase (without regard to 41 U.S.C. 5) or accept gifts of motorboats, yachts, and similar vessels for Coast Guard use, "during any period of national emergency.

APPENDIX C--STATUTES APPROPRIATING FUNDS

(a) Statutes under which expenditures have ceased.

Act of December 23, 1941 (55 Stat. 855856). Authorizes the appropriation to the Department of Agriculture, Surplus Marketing Administration, and proceeds from certain sales and other receipts from operations, to be deposited to the credit of the appropriation made in this statute, such appropriation including such deposits to remain available for expenditure for the purposes authorized "until six months have elapsed after the termination of the unlimited national emergency declared by the President on May 27,

Act of July 3, 1945 (59 Stat. 318, 319). Appropriation made to the Department of the Interior Division of Geography ($25,000), to be available "during the emergency declared by the President on May 27, 1941, and for a period not exceeding 30 days thereafter."

(b) Statutes under which expenditures will cease as rapidly as possible.

Act of October 14, 1940 Lanham Act (54 Stat. 1125). Appropriations available under this act to the Federal Works Administrator for war housing and not rescinded by the First Supplemental Appropriations Rescission Bill 1946, by its terms remains available until the termination of the emergency declared by the President on September 8, 1939.

Act of December 23, 1941 (55 Stat. 855856). Appropriations to the Federal Works Agency for national defense housing ($300,000,000) and for defense public works (community facilities) ($150,000,000), to remain available "during the continuance of the unlimited national emergency declared by the President on May 27, Appropriations in the same statute to the Department of the Interior (Government in the Territories) for relief and civilian defense in Alaska, Virgin Islands, and Puerto Rico, to remain available "for the duration of the unlimited national emergency declared by the President on May 27, 1941."

Act of April 28, 1942 (56 Stat. 226, 235236). Appropriation made to the Federal Works Agency for emergency safeguarding of public buildings and property ($12, 500,000) and additional contract authorization to the Public Roads Administration for the construction and improvement of access roads and for replacing existing highways and highway connections ($25,400,000), the first to remain available, and the second to continue, "during the existence of the emergency declared by the President on May 27, 1941."

Act of July 2, 1942 (56 Stat. 633, 634). Appropriation made to the Federal Works Agency for war public works ($17,500,000) to remain available "during the continuance of the unlimited national emergency declared by the President on May 27,

Act of October 26, 1942 (56 Stat. 990, 1000). Appropriation made to the National Agency for war housing ($600,000,000) to remain available "during the continuance of the unlimited national emergency declared by the President on May 27, 1941.

Act of July 12, 1943 (57 Stat. 537, 540, 541). Appropriations made to the Federal Works Agency for war public works, community facilities ($50,000,000) and to the National Housing Agency for war housing ($100,000,000), to remain available "during the continuance of the unlimited national emergency declared by the President on May 27, 1941."

Act of December 23, 1943 (57 Stat. 611, 618). Appropriation made to the National Housing Agency for war housing ($50,000,000), to remain available "during the continuance of the unlimited national emergency declared by the President on May 27, 1941."

Act of April 1, 1944 (58 Stat. 150, 153). Appropriation made to the Federal Works Agency for war public works, community facilities ($115,000,000), and appropriation to the National Housing Agency for war housing ($7,500,000), to remain available "during the continuance of the unlimited national emergency declared by the President on May 27, 1941, and shall not be available for obligation for new projects after June 30, 1945."

Act of June 22, 1944, sec. 114 (58 Stat. 301, 321). Appropriations for the Naval Establishment, fiscal year 1945, for payment of claims up to $1,000, resulting from the administration or operation of the naval service "during the existing national emergency."

Act of June 28, 1944 (304, 58 Stat. 597, 604). Supplemental appropriation made to the National Housing Agency for temporary war housing, of not to exceed $7,500,000 of unexpended balances of certain previous appropriations, to remain available "during the continuance of the unlimited national emergency declared by the President on May 27, 1941, and shall not be available for obligation for new projects after June 30, 1945."

Act of December 22, 1944 (58 Stat. 853, 857-859). Appropriation made to the National Housing Agency ($15,000,000) for purposes of title I of the Lanham Act, as amended, and to Federal Works Agency ($12,000,000) for community facilities "during the continuance of the unlimited national emergency declared by the President May 27, 1941, but not to be available for new projects after June 30, 1945."

Act of April 25, 1945 (59 Stat. 77, 80, 81, 82). Appropriation made to the Federal Works Agency for war public works, community facilities ($20,000,000) and appropriation to the National Housing Agency for war housing ($84,373,000), to remain available "during the continuance of the unlimited national emergency declared by the President on May 27, 1941, but not to be available for obligation for new projects after June 30, 1945."

(c) Statutes under which the appropriations should remain available by legislation.

Act of December 17, 1941 (55 Stat. 810, 821). Appropriation made to the Federal Works Agency, Public Roads Administration, for certain road and flight strip construction under secs. 6 and 8 of Defense Highway Act of 1941, and authorization given to obligate further funds for such road construction, to remain available "during the continuance of the emergency declared by the President on May 27, 1941."

Act of June 26, 1943 (57 Stat. 169, 180). Appropriations totaling $88,000,000 made to the Federal Works Agency for various purposes specified under provisions of the Defense Highway Act of 1941, to remain available "during the continuance of the emergency declared by the President on May 27, 1941."

Act of June 27, 1944 (58 Stat. 361, 371). Appropriations totaling $54,000,000 made to the Federal Works Agency for various purposes specified under provisions of the Defense Highway Act of 1941, to remain available "during the continuance of the emergency declared by the President on May 27, 1941."

Act of May 3, 1945 (59 Stat. 106, 117, 118). Appropriations totaling $48,000,000 made to the Federal Works Agency for various purposes specified under provisions of the Defense Highway Act of 1941, to remain available "during the continuance of the emergency declared by the President on May 27, 1941.

(d) Statutes exclusively of concern to the Congress.

Act of June 13, 1945 (59 Stat. 238, 241, 250). Legislative Branch Appropriation Act, 1946. Under the title "Clerical Assistance to Senators," provides for certain additional clerks for Senators, to be employed only "during the period of the emergency." Under the title "Capitol Police," an appropriation for additional protection applies "during the present emergency.

Act of July 1, 1946 (Public Law 479, 79th Cong., 2nd Sess.). Legislative Branch Appropriation Act, 1947. Appropriations for additional police protection for the Capitol Buildings and Grounds, etc., during the present emergency.

APPENDIX D--STATUTES WHICH SHOULD BE TEMPORARILY EXTENDED UNTIL JUNE 30, 1948, UNLESS OTHERWISE INDICATED

Statute; comment and interested agency; and proposed effective period.

Act of June 20, 1940 (54 Stat. 492, 494), authorizing the appointment of an Under Secretary of the Navy "during any national emergency."

This law should be retained pending permanent legislation--Navy Department. June 30, 1948.

Lanham Act, October 14, 1940 (54 Stat. 1125), as amended, January 21, 1942 (56 Stat. 11), war housing, including authority for temporary re-use housing, to maintain and repair buildings; and to adjust rents in exceptional cases. "When the President shall have declared that the emergency declared by him on September 8, 1939 to exist has ceased, (a) the authority [for war housing] shall terminate except with respect to contracts previously entered into... and (b) the removal of property acquired or constructed . . . shall in any event be accomplished not later than two years after the President declares that the emergency declared by him on September 8, 1939, has ceased to exist, with the exception only of such housing as the Administrator, after consultation with local communities finds is still needed in the interest of the orderly demobilization of the war effort."

Retention of this Act is needed to permit operations authorized on temporary re-use housing for veterans, servicemen, and their distressed families. The portions of the Act containing the general authority to provide housing for war workers may and will become inoperative as to war housing upon the end of the emergency, but the statute must be kept in effect for the purposes of re-use housing program.--National Housing Administration.

When the President shah have declared that the emergency declared by him on September 8, 1939, has ceased to exist, the authority for the war housing program shall terminate except to the extent that the powers granted are necessary to carry on the temporary re-use housing program for service men, veterans, and their families; provided, however, that the Administrator may continue, with funds derived from the rental or operation of projects acquired or constructed under this Act or under the temporary shelter acts, any interest heretofore acquired in lands pursuant to the Act, and may acquire any further interest in such lands whenever the Administrator determines that such acquisition is necessary to protect the Government's investment, or to maintain the improvements constructed thereon or that the obligation of the Government to restore the property to its original condition would exceed the cost of acquiring the title thereto.

Act of July 29, 1941 (55 Stat. 606), relating to the retirement or discharge of certain Army officers "during the time of the national emergency announced by the President on May 27, 1941."

This law should be continued pending permanent legislation.--War Department. June 30, 1948.

Act of September 22, 1941 (55 Stat. 728), as amended by the Act of July 7, 1943 (57 Stat. 380), authorizes temporary appointments of officers in the U.S. Army without regard to any particular component of the Army "during the present emergency . . . (the appointments) shall continue during the present emergency and six months thereafter."

This law should be continued pending legislation on peacetime Army organization.--War Department. June 30, 1948.

Act of November 17, 1941 (55 Stat. 764765), permitting arming of American merchant vessels "during the unlimited national emergency proclaimed by the President on May 27, 1941."

This law should be continued pending action on permanent legislation.--Navy Department. June 30, 1948.

Act of March 13, 1942 (56 Stat. 171), suspending import duties on scrap iron, scrap steel, relaying and rerolling rails, or nonferrous metal scrap during the unlimited emergency proclaimed by the President on May 27, 1941.

This law should be continued in view of the present shortage of the materials involved.--Civilian Production Administration. June 30, 1948.

Act of June 27, 1942 (56 Stat. 461-462), permits the free importation of articles for members of the armed forces of the United Nations in the United States; of articles made by members of United States armed forces who were prisoners of war; and of articles addressed to enemy prisoners of war and enemy civilian internees in the U.S. (in accordance with the Geneva Convention). "Shall be effective as to articles entered for consumption or withdrawn from warehouse for consumption . . . before the expiration of 6 months after the termination of the unlimited national emergency, proclaimed by the President on May 27, 1941."

This act should be retained as part of a reciprocal arrangement, pending permanent legislation, to assist members of U.N. forces still in this country; to provide for United States personnel who were formerly prisoners and are still abroad; and to provide for the few remaining enemy prisoners in the United States.--War and Navy Departments. June 30, 1948.

Act of October 26, 1942 (56 Stat. 990, 1000), permitting designation of PBA employees as special policemen "during continuance of the unlimited national emergency declared by the President on May 27, 1941."

This law should be retained for the protection of present Federal properties pending permanent legislation.--Federal Works Agency.

June 30, 1948.

Act of October 26, 1942 (56 Stat. 990, 1006), amending the Act of September 9, 1940 (54 Stat. 884), suspends the requirement that the head of each department and agency submit quarterly reports on the weight of mail sent free of postage "during the period of the national emergency declared by the President on September 8, 1939."

This law should be extended for the War and Navy Departments until June 30 1947, at which time these departments wish simultaneously to begin making this report and another required by the Act of June 28, 1944 (58 Stat. 394), on mail sent free of postage. The requirement of the latter report, as to the Army and Navy only, is suspended for the duration of the war and 6 months, but it is proposed to begin both series of reports as of the intermediate date given above.--Navy and War Departments. Until June 30, 1947.

Act of June 23, 1943 (57 Stat. 162), as amended August 8, 1946 (Public Law 660, 79th Cong.), establishing re-employment rights for persons entering the Merchant Marine after May 1, 1940, and before the termination of the unlimited "national emergency declared by the President on May 27, 1941."

This law should be continued during the shortage of maritime personnel and so long as men are being inducted under the Selective Service law and obtaining similar rights.--Selective Service.

The Act should be extended to protect any person entering the service before termination of the present war but not later than March 31, 1947 [present end of draft inductions], or such later date as persons may be inducted under the provisions of the Selective Service Act of 1940, as amended.

Act of July 1, 1943 (57 Stat. 371), providing for appointment of commissioned officers of the WAC, the appointments to continue during the present emergency and 6 months thereafter under the Joint Resolution of September 2, 1941 (55 Stat., 728), "during the present emergency . . . provided that any appointment . . . shall continue during the present emergency and 6 months thereafter."

This law is needed to maintain existing Army staff pending legislation on organization of the peacetime Army.--War Department.

June 30, 1948.

Act of May 22, 1944 (58 Stat. 324-326), authorizing temporary appointments of members of the Army Nurse Corps, female dietetic and physical therapy personnel as officers in the U.S. Army, "during the present emergency . . . provided that any appointment... shall continue during the present emergency and 6 months thereafter."

This law is needed, pending permanent legislation, to maintain the present Army staff.--War Department.

June 30, 1948.

APPENDIX E--STATUTES WHICH SHOULD BE CONTINUED FOR THE PERIOD OR PURPOSE STIPULATED

Statutes and reason for continuation and interested agency.

Act of June 3, 1916, National Defense Act, sec. 30 (10 U.S.C. 658), as amended by the Act of April 25, 1938 (52 Stat. 221 ). Members of the Regular Army Reserve may be ordered to active duty only in case of emergency declared by the President, and shall be placed in an inactive status or be discharged "within six months after the termination of an emergency declared by the President."

The Army will require the services of officers under this law for an indefinite period pending the establishment of its peacetime organization.--War Department.

Act of June 29, 1936, sec. 302 (49 Stat. 1992). Authorizes the President to suspend provisions dealing with citizenship of officers and crews of certain vessels "during a national emergency."

Operations under this law are being continued in view of the present shortage of personnel.--Coast Guard.

Act of July 2, 1940, sec. 4(b) (54 Stat. 714). Provides that the regular hours of laborers and mechanics employed by the War Department in the manufacture or production of military equipment shall be 8 hours per day or 40 hours per week, during the period of any national emergency declared by the President to exist.

This law is mandatory in its effect and operation cannot be discontinued before termination of the national emergency. War Department.

Act of July 30, 1941, sec. 9 (55 Stat. 610), as amended by act of June 30, 1943 (57 Stat. 270), and act of June 8, 1945 (Public Law 78, 79th Cong.). Authority to construct; and right to use petroleum pipelines, the latter to terminate upon "The expiration of one year after the termination of the unlimited national emergency proclaimed . . . on May 27, 1941."

Pending final disposition of pipelines now held as war assets, this law is required to authorize arrangements for their use.--War Assets.

Act of November 19, 1941, sec. 5 (55 Stat. 766) as amended by act of July 13, 1943 (57 Stat. 560). Provides that certain Federal funds shall remain available for obligation by the States on secondary or feeder roads and for the elimination of grade crossings on Federal aid highways during the continuance of the emergency declared by the President on May 27, 1941, and for a period of one year thereafter.

This law should continue in effect according to its terms pending the completion of programs now being carried on by the States.--Federal Works Agency.

Act of July 14, 1945 (Public Law 147, 79th Cong.). Extends the times for commencing and completing construction of a bridge across the St. Croix River to be built by the States of Minnesota and Wisconsin, jointly or separately, "until the end of one and three years, respectively, after the date of the termination of the unlimited national emergency proclaimed by the President on May 27, 1941."

The continued extension of the period for this construction is regarded as highly desirable.--Federal Works Agency.

Act of February 28, 1945 (59 Stat. 9), amending Agriculture Adjustment Act of 1938 and Soil Conservation and Domestic Allotment Act to provide that the Secretary of Agriculture may regard certain farms as farms producing cotton, wheat, or peanuts for any crop year during the present emergency because the production of war crops or service by the owner or operator in the armed forces caused the production history of the farm to be non-representative of its normal production.

This law is needed to give continued authority in the specified cases for determining production history.--Department of Agriculture.

Act of March 8, 1946 (Public Law 321, 79th Cong.), sec. 9(c)(3). Requires agreement by purchaser of vessel of Maritime Commission that if vessel is used by United States prior to termination of national emergency declared by the President on May 27, 1941, the compensation for use shall be limited to 15 percent per annum of statutory sale price.

This statute provides the measure of compensation in the cases specified.--Maritime Commission.

Act of May 18, 1946 (Public Law 385, 79th Cong.), sec. 2. Establishes time limit of two years after the end of the limited emergency for removal of temporary housing erected on lands owned by the United States or the District of Columbia in the District of Columbia.

In order to provide for the orderly termination of the authorized program this law should expire according to its terms.--National Housing Agency.

Act of August 10, 1946 (Public Law 720, 79th Cong.), sec. 3. Provides that active duty performed by certain enlisted men of the Fleet Reserve "during any period of national emergency declared by the President" shall be considered for purposes of computing retainer or retired pay.

This act authorizes the crediting of certain active duty during any national emergency for retainer or retirement pay purposes.--Navy Department.

Note: On July 25 the President approved a joint resolution (61 Stat. 449) terminating certain emergency and war powers.

Harry S Truman, Special Message to the Congress on Termination of Emergency and Wartime Powers. Online by Gerhard Peters and John T. Woolley, The American Presidency Project https://www.presidency.ucsb.edu/node/232709

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