factor in determining the rights and benefits earned by such service, regardless of whether the service occurred during World War II or during another period of armed conflict or national emergency.

2 (b) (11) CLAIMS WHICH ARISE OUT OF COMBATANT ACTIVITIES OF Item 489b THE ARMED FORCES DURING TIME OF WAR ARE EXCLUDED FROM ADMINISTRATIVE ADJUSTMENT UNDER THE

TORT CLAIMS ACT AND FROM THE DISTRICT COURTS (28
U.S. C. 2680 (j))

This provision excludes from administrative adjustment under the Tort Claims Act, and from the jurisdiction of the district courts under title 28 United States Code section 1346 (b), "any claim arising out of combatant activities of the military or naval forces, or the Coast Guard, during time of war". Another provision excludes any claim arising in a foreign country (28 U. S. C. 2680 (k)). There is, however, no provision expressly excluding a claim arising from combatant activities in the United States or its possessions when we are not at war. Since combatant activities might take place in these areas under the unsettled conditions that exist in this time of emergency without our being technically in a "time of war" such claims could arise. It would seem that they should be excluded for the same reasons that have led to the exclusion of combatant claims arising in wartime.

Section 2 (c) extends the time limit for the exercise of the veterans' rights set forth in the last sentence of the explanation of item 365 (f), under section 2 (b) (7).

SECTION 3

This section provides in substance that certain powers of the Air Force shall be extended by this bill in the same way that it extends. powers of the Army. This section is included because of the so-called "transfer order" procedure under the National Security Act. That act provided that, for a certain period after its enactment, powers vested by statute in the Secretary of War or the Secretary of the Army could be made available also to the Secretary of the Air Force by a "transfer order" under the National Security Act. A number of these provisions, under which transfer orders have been issued, are extended by the present bill. The object of section 3 is to state explicitly that the powers under these provisions previously transferred to the Air Force by transfer order are extended by the bill as fully as it extends the power of the Army under these provisions. This is a purely precautionary and clarifying provision, occasioned solely by the fact that certain statutory provisions to be extended by the bill refer only to the Secretary of War or the Secretary of the Army. It is considered that the legal result would be the same even in the absence of this provision.

SECTION 4

This is a usual separability provision.

SECTION 5

This gives the bill's short title.

(611)

HOUSE JOINT RESOLUTION 432, EIGHTY-SECOND CONGRESS, SECOND

SESSION

IN THE HOUSE OF REPRESENTATIVES

APRIL 23, 1952

Mr. PICKETT introduced the the following joint resolution; which was referred to the Committe on the Judiciary

JOINT RESOLUTION

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

purposes

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

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

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

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

(2) Act of May 18, 1933 (ch. 32, sec. 5 (m), 48 Stat. 62; 16 U. S. C. 831d (m)). (3) Act of March 27, 1942 (ch. 199, secs. 1301-1304, 56 Stat. 185-186; 50 U. S. C. App. 643, 643a, 643b, 643c).

(4) Act of July 7, 1943 (ch. 192, sec. 11, 57 Stat. 382; 44 U. S. C. 367).

(5) Act of June 22, 1944 (ch. 268, sec. 102, 58 Stat. 285), as amended (38 U. S. C. 693b). Any detail made hereunder may extend until six months after the termination of the national emergency proclaimed by the President on December 16, 1950, or until such earlier date as the Congress by concurrent resolution or the President may provide.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

1

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

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

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

f

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

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

J

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

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

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

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

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

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

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

(4) Act of March 3, 1893 (ch. 212, 27 Stat. 717; 34 U. S. C. 196).

(5) Act of June 16, 1890 (ch. 426, sec. 4, 26 Stat. 158; 10 U. S. C. 651).

(6) Joint resolution of November 4, 1939 (ch. 2, sec. 7, 54 Stat. 8; 22 U. S. C. 447 (a)-(d)).

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

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

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

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

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

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

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

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

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

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

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

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

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

(c) The ten-year period provided for in section 4 of the Act of September 27, 1944, cited in paragraph (7) of subsection (b) of this section, is extended to two years following the period of the national emergency proclaimed on Decem

ber 16, 1950, or to such shorter period as the Congress by concurrent resolution or the President may provide.

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

SEC. 4. (a) Except in the case of properties acquired by purchase or by condemnation pursuant to statute and as to which just compensation shall have been paid, neither the President nor any person, agency, or department of the executive branch of the Government of the United States shall determine, prescribe, or authorize wages or other terms or conditions of employment in any plant, facility, or other property, possession of which has been taken by or under the direction of the President or any such person, agency, or department; but this provision shall not prevent continuing the wages, terms, and conditions of employment in effect immediately prior to such taking or the making of normal and ordinary changes in the wages, terms, and conditions of employment of individual employees.

(b) This Act shall not be construed as authorizing or recognizing the validity of any taking or seizure by the President, or any person, agency, or department of the executive branch of the Government of the United States of any plant, facility, or other property except insofar as such taking or seizure shall have been heretofore expressly authorized by statute.

(c) In case of any privately owned plant, mine, or facility possession of which has been taken by the President or any other officer in the executive branch since April 1, 1952, under any provision of law or claimed provision of law or asserted power, no change made by the Government, between the date of such taking and the date of enactment of this Act, in the terms or conditions of employment obtaining within such plant, mine, or facility shall be effective after the date of enactment of this Act.

SEC. 5. If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remaining provisions of this Act, or the application of such provision to other persons or circumstances, shall not be affected thereby.

SEC. 6. This Act may be cited as the "Emergency Powers Continuation Act".