that the War Powers Act did not purport to add to whatever powers the Chief Executive already possessed in that sphere. Section 8(d)(2) provides that nothing in the Resolution "shall be construed as granting any authority to the President with respect to the introduction of United States Armed Forces into hostilities or into situations wherein involvement in hostilities is clearly indicated by the circumstances which authority he would not have had in the absence of this joint resolution." While the War Powers Act provides for legislative involvement in the decision making process soon after introduction of forces, it may have relatively little impact on the liklihood of a declaration of national emergency in the course of the conflict. That is, situations may arise in which the President deems it necessary to utilize troops under the War Powers Act but in which he does not feel compelled to make an emergency declaration either because (a) he does not foresee the need for the utilization of extraordinary powers statutes, or (b) he does not feel politically constrained to do so. CONCLUSION It would be unrealistic to attempt to itemize all circumstances in which the need for increased sabotage penalties would be advisable in the absence of a declaration of war or national emergency. To add descriptive grading categories to the two mentioned would require an attempt to predict the liklihood of occurrence of a myriad of hypothetical circum stances. Additionally, it should be remembered that rules of construction for criminal statutes may require a degree of precision which would be difficult in such a process. It would seem likely that states of war and declared national emergency would encompass the large majority of instances in which it would be considered advisable to increase sabotage punishments. However, as stated at the outset, such a decision is clearly one of policy, and to argue that serious national de fense involvements would not occur in the absence of war or declared national emergency would be subject to serious challenge. Keurm Rimlande Kent M. Ronhovde 93D CONGRESS 1st Session } SENATE { REPORT No. 93-549 24-509 O EMERGENCY POWERS STATUTES: NOW IN EFFECT DELEGATING TO THE REPORT OF THE SPECIAL COMMITTEE ON THE TERMINATION OF THE NATIONAL EMERGENCY UNITED STATES SENATE NOVEMBER 19, 1973 U.S. GOVERNMENT PRINTING OFFICE WASHINGTON: 1973 SUMMARY OF STATUTES DELEGATING POWERS IN TIME OF WAR OR NATIONAL EMERGENCY UNITED STATES CODE TITLE 2-THE CONGRESS 2 U.S.C. $198. Adjournment date for Congress is not applicable if a state of war exists pursuant to a declaration of war by the Congress. TITLE 5 GOVERNMENT ORGANIZATIONS AND EMPLOYEES 5 U.S.C. S$ 701-702. § 3101. $3326. § 5305. § 5335. § 5532. § 5564. § 8332. Right to review of agency action by government employees "except . in time of war or in occupied territory." ... Until termination of the "national emergency proclaimed by the President on December 16, 1950," heads of executive departments and agencies may require that initial appointments in the civil service be made on a temporary or indefinite basis. Permits the appointments of retired members of the Armed Forces to positions in the Department of Defense when a state of national emergency exists. Provides procedures for annual pay reports and adjustments for Federal employees during a national emergency or economic conditions. Relates to periodic step-increases for Federal employees during a period of war or national emergency. Relates to exceptions to reductions in retirement pay for retired officers of the uniformed services because of special or emergency employment needs. Relates to the sale of household and personal effects of employees during an emergency. Under the Civil Service Retirement Act, as amended, an employee who, "during the period of any war, or of any national emergency as proclaimed by the President or (17) declared by the Congress," leaves his position to enter the military service, shall not be considered as separated from his civilian position by reason of such military service, unless he shall apply for and receive a lumpsum benefit under the act. TITLE 7-AGRICULTURE 7 U.S.C. § 1158. § 1332. § 1371. § 1743. § 1903. The President may suspend quota provisions of the Sugar Act of 1947 whenever he "finds and proclaims that a national economic or other emergency exists" with respect to a sugar or liquid sugar. Relates to termination of national marketing quota for wheat because of a national emergency. The Secretary of Agriculture may make an investigation to determine whether an increase or termination of marketing quotas in certain commodities is necessary because of a "national emergency." Commodity set-asides, under the Agricultural Act of 1954, may be reduced by disposal for disaster relief purposes in the United States or to meet any national emergency declared by the President. During the period of any national emergency declared by the President or the Congress, the President, to the extent deemed by him to be necessary to meet the essential procurement needs during such emergency, may modify the limitations on the procurement of livestock products produced or processed by any slaughterer or processor who slaughters or handles livestock by methods other than methods designated and approved by the Secretary of Agriculture. TITLE 8 ALIENS AND NATIONALITY 8 U.S.C. §§ 1182, 1185, 1481. The Immigration and Nationality Act of 1952 provides that— (a.) an alien who departs from or remains out of the United States in order to avoid military training and service "in time of war or a period declared by the President to be a national emergency" is ineligible for admission into the United States; (b.) the travel of aliens to and from the United States may be controlled "when the United States is at war or during the existence of any national emergency proclaimed by the President"; and |