[CHAPTER 359-2D SESSION]

[S. 784]

AN ACT

To amend that part of the Act of June 24, 1910 (36 Stat. 619), relating to disposition of profits from sales of ships' stores.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second proviso under the heading "Bureau of Supplies and Accounts", subheading "Provisions, Navy", in the Act of June 21, 1910 (36 Stat. 619-620; 34 U. S. C. 542), is hereby amended to read as follows: "Provided, That hereafter a profit not to exceed 15 per centum may be charged on sales from ships' stores, such profit to be expended in the discretion of the Secretary of the Navy, under such regulations as he may prescribe, for the amusement, comfort, and contentment of the enlisted force, except that the Secretary of the Navy shall cause an equitable use of such profits to be made for the welfare of officer and enlisted personnel attached to ships of the Navy and to activities outside the continental United States but not including permanent shore establishments as defined by the Secretary of the Navy, and such profit to be accounted for to the Bureau of Supplies and Accounts, Navy Department."

Approved July 1, 1944.

[CHAPTER 361-2D SESSION]

[S. 1894]

AN ACT

To provide for the transportation to their homes of persons discharged from the naval service because of under age at time of enlistment.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That appropriations which provide for pay, allowances, and transportation of enlisted personnel of the Navy, Marine Corps, and Coast Guard, including reserve components thereof, shall be available for the payment of pay and allowances to and including the date of termination of the enlistment contract, and for transportation home of any enlisted person whose enlistment contract is terminated by cancelation or discharge while under the minimum statutory or administrative age limit by reason of having falsely stated his age on his application for enlistment. Approved July 1, 1944.

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[CHAPTER 370-2D SESSION]

[H. R. 4348]

AN ACT

To amend the Act approved August 18, 1942, entitled "An Act to facilitate the disposition of prizes captured by the United States during the present war, and for other purposes".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1 of the Act entitled "An Act to facilitate the disposition of prizes captured by the United States during the present war, and for other purposes", approved August 18, 1942 (56 Stat. 746, 50 App. U. S. C. 821 ff), is amended to read as follows: "That the district courts shall have original jurisdiction of all prizes captured during war if said capture was made by authority of the United States or was adopted and ratified by the President of the United States and the prize was brought into the territorial waters of a cobelligerent or was taken or appropriated for the use of the United States, including jurisdiction of all proceedings for the condemnation of such property taken as prize".

SEC. 2. That section 4 of such Act is amended by striking out the period at the end of said section and by inserting in lieu thereof a colon and by adding immediately thereafter the following: "Provided, That notwithstanding any other provision of law, if the seized property is taken or appropriated for the use of the United States whether before or after it comes into the custody of the prize court, the prize court is hereby authorized to proceed to adjudication on the basis of an inventory and survey and an appropriate undertaking by the United States to respond for the value of such property without the necessity for either an appraisement or the deposit of the value of the prize with the Treasurer of the United States or any other public depository".

SEC. 3. That the title of such Act is amended by striking out the words "the present" therein so that the title, as amended, shall read "An Act to facilitate the disposition of prizes captured by the United States during war, and for other purposes".

Approved July 1, 1944.

[CHAPTER 371-2D SESSION]

[H. R. 4405]

AN ACT

To amend the Act approved March 7, 1942 (56 Stat. 143), as amended (56 Stat. 1092; 50 App. U. S. C., Supp. III, 1001-1017 inclusive), so as to more specifically provide for pay, allotments, and administration pertaining to war casualties, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for continuing payment of pay and allowances of personnel of the Army, Navy, Marine Corps, and Coast Guard, including the retired and Reserve components thereof; the Coast and Geodetic Survey and the Public Health Service, and civilian employees of the executive departments, independent establishments, and agencies, during periods of absence from post of duty, and for other purposes", approved March 7, 1942 (56 Stat. 143), as amended December 24, 1942 (56 Stat. 1092; 50 App. U. S. C., Supp. III, 1001-1017, inclusive) is amended by changing subsection (a) (3) of section 1, thereof to read as follows: "(3) civilian officers and employees of departments during such time as they may be assigned for duty or serving outside the continental limits of the United States or in Alaska, exclusive of part-time or intermittent employees or native labor casually hired on an hourly or per diem basis;" and by changing subsection (c) of section 1 thereof to read as follows:

"(c) the term 'dependent' as used in this Act includes a lawful wife, unmarried child under twenty-one years of age. It includes also a dependent mother, father, or unmarried dependent stepchild or adopted child under twenty-one years of age, or such dependent as has been designated in official records, or an individual determined to be dependent by the head of the department concerned, or subordinate designated by him;".

SEC. 2. That section 2 of such Act is amended to read as follows: "SEC. 2. Any person who is in active service and who is officially determined to be absent in a status of missing, missing in action, interned in a neutral country, captured by an enemy, beleaguered or besieged shall, for the period he is officially carried or determined to be in any such status, be entitled to receive or to have credited to his account the same pay and allowances to which he was entitled at the beginning of such period of absence or may become entitled thereafter, and entitlement to pay and allowances shall terminate upon the date of receipt by the department concerned of evidence that the person is dead or upon the date of death prescribed or determined under provisions of section 5 of this Act: Provided, That such entitlement to pay and allowances shall not terminate upon expiration of term of service during absence and in case of death during absence shall not terminate earlier than the dates herein prescribed: Provided further, That there shall be no entitlement to (243)

pay and allowances for any period during which such person may be officially determined absent from his post of duty without authority and he shall be indebted to the Government for any payments from amounts credited to his account for such period." SEC. 3. That section 3 of such Act is amended to read as follows: "SEC. 3. For the period that any person is entitled under section 2 of this Act to receive or be credited with pay and allowances, such allotments as may have been executed prior to the beginning of his absence, including allotments for the purchase of United States savings bonds, may be continued, except as otherwise herein provided, and notwithstanding any expiration of a period for which an allotmént had been executed. In the absence of an allotment or when an allotment is insufficient for any purpose authorized by the head of the department concerned, such new allotments or increases as circumstances are deemed to warrant may be authorized by the head of the department concerned, or such subordinate as he may designate, payable during any period of the absent person's entitlement to pay and allowances under section 2 of this Act: Provided, That the aggregate of all allotments in effect, from pay and allowances of an absent person, does not exceed the amount of pay and allowances such absent person would be permitted to allot under regulations of the department concerned: Provided further, That any premium paid by the Government on insurance issued on the life of a person, which is unearned by reason of being for a period subsequent to the date of death of such person, shall revert to the appropriation of the department concerned."

SEC. 4. That section 4 of such Act is amended to read as follows: "SEC. 4. When circumstances are deemed to justify such action in the interests of a person entitled to receive or be credited with pay and allowances under section 2 of this Act, in the interests of the dependents of such person, or in the interests of the Government, the head of the department concerned, or such subordinates as he may designate, may direct the initiation, continuance, discontinuance, increase, decrease, suspension, or resumption of payments of allotments from the pay and allowances of such person, subject to the provisions of section 6 of this Act."

SEC. 5. That section 9 of such Act is amended to read as follows: "SEC. 9. The head of the department concerned, or such subordinate as he may designate, shall have authority to make all determinations necessary in the administration of this Act, and for the purposes of this Act determinations so made shall be conclusive as to death or finding of death, as to any other status dealt with by this Act. and as to any essential date including that upon which evidence or information is received in such department or by the head thereof. The determination of the head of the department concerned, or of such subordinate as he may designate, shall be conclusive as to whether information received concerning any person is to be construed and acted upon as an official report of death. When any information deemed to establish conclusively the death of any person is received in the department concerned, action shall be taken thereon as an official report of death, notwithstanding any prior action relating to death or other status of such person. If the twelve months' absence prescribed in section 5 of this Act has expired, a finding of death