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TITLE 50.-WAR AND NATIONAL DEFENSE,

APPENDIX-Continued

Use of Public Lands for War Purposes. Miscellaneous Provisions Affecting Military Establishment.

Photographing, Mapping or Other Representation of Military or Defense Properties.

Exemption of Certain Articles From Import Duties and Taxes.

Temporary Appointments, Promotions, etc., of Navy, Marine Corps, and Coast Guard Officers. Jurisdiction of Prizes.

Certain Allowance Assistance for Civilian and Military Personnel.

Free Entry of Gifts From Members of Armed Forces. Free Postage for Armed Forces Personnel.

Emergency Price Control Act of 1942.

Stabilization Act of 1942.

Extension of Sugar Controls.

Missing Persons Act.

Small Business Mobilization Act.

War and Defense Contract Acts.

National Emergency and War Shipping Acts.

Farm Labor Supply Appropriation Act, 1944.
War Overtime Pay Act of 1943.

Training of Nurses Through Grants to Institutions.
Civilian Reemployment of Members of Merchant
Marine.

War Labor Disputes Act.

Voluntary Enlistments in the Regular Military

Establishment.

Women's Army Corps.

United Nations Relief and Rehabilitation Administration.

Temporary Appointments of Army Nurse Corps
Members, etc., as Officers of Army of the United
States.

Disposal of Materials on Public Lands.
Surplus Property Act of 1944.

War Mobilization and Reconversion Act of 1944.

Fleet Admiral of the Navy and General of the Army.
Disposal of Censored Mail.

Disbursing Officers' Additional Functions.
General of the Marine Corps.

Admiral in the Coast Guard.

Exception of Navy or Coast Guard Vessels From
Certain Navigation Rules.

Sale of Surplus War-Built Vessels.
Rehabilitation of Philippines.

Return and Interment of Persons Buried Outside
United States.

Veterans' Emergency Housing Program.

Naval Vessels as Atomic Targets.

Admission of Alien Fiancées Into United States.
Military Assistance to Philippine Republic.
Naval Aid to China.

Naval Aid to Foreign Nations.

Housing and Rent Acts.

Stabilization of Economy and Commodity Prices.
Domestic Rubber-Producing Industry.

Disposal of Government-Owned Rubber-Producing
Facilities.

Displaced Persons, Refugees and Orphans.
American-Japanese Evacuation Claims.
Medical Care for Philippine Veterans.
War Claims.

Export Controls.

Alien Property Damage Claims.
Defense Production Act of 1950.

Domestic Minerals Program Extension.

Domestic Tungsten, Asbestos, Fluorspar and Columbium-Tantalum Purchase Programs.

Dependents Assistance Act of 1950.

Civil Defense.

Emergency Food Aid to India.
Korean Combat Pay.

World War II License Agreements.
Emergency Ship Repair Program.
Export Regulation.

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The Treaty of Peace with Japan, signed at San Francisco on September 8, 1951 was ratified by the United States Senate on March 20, 1952. For Resolution of Ratification, see Congressional Record. Vol. 98, No. 46, Thursday, March 20, 1952. p. 2634. According to 1952 Proc. No. 2974, Apr. 29, 1952, 17 F.R. 3813, terminating the national emergencies proclaimed on September 8, 1939, and May 27, 1941, and set out as a note preceding section 1 of the Appendix to this title, such treaty came into force on Apr. 28, 1952.

CROSS REFERENCES

Establishment of the National Security Council and the Central Intelligence Agency, see chapter 15 of this title.

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CODIFICATION

Sections 1-5 of this title are from section 2 of the Army Appropriation Act for the fiscal year 1916.

The Department of War was designated the Department of the Army and the title of the Secretary of War was changed to Secretary of the Army by section 205(a) of act July 26, 1947, ch. 343, title II, 61 Stat. 501. Section 205(a) of act July 26, 1947, was repealed by section 53 of act Aug. 10, 1956, ch. 1041, 70A Stat. 641. Section 1 of act Aug. 10, 1956, enacted "Title 10, Armed Forces" which in sections 3011-3013 continued the military Department of the Army under the administrative supervision of a Secretary of the Army.

TRANSFER OF FUNCTIONS

All functions of all officers, agencies and employees of the Department of Agriculture were transferred, with certain exceptions, to the Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F. R. 3219, 67 Stat. 633, set out in the Appendix to Title 5, Government Organization and Employees.

SECRETARY OF THE AIR FORCE

For transfer of certain membership functions, insofar as they pertain to the Air Force, which functions were not previously transferred from the Secretary of the Army and Department of the Army to the Secretary of the Air Force and Department of the Air Force, see Secretary of Defense Transfer Order No. 40 [App. C(11)], July 22, 1949.

CROSS REFERENCES National Security Council and Central Intelligence Agency, see chapter 15 of this title.

§ 2. Advisory commission.

The Council of National Defense shall nominate to the President, and the President shall appoint, an advisory commission, consisting of not more than seven persons, each of whom shall have special knowledge of some industry, public utility, or the development of some natural resource, or be otherwise specially qualified, in the opinion of the council,

for the performance of the duties hereinafter provided. The members of the advisory commission shall serve without compensation, but shall be allowed actual expenses of travel and subsistence when attending meetings of the commission or engaged in investigations pertaining to its activities. The advisory commission shall hold such meetings as shall be called by the council or be provided by the rules and regulations adopted by the council for the conduct of its work. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 649.)

§ 3. Duties of council.

It shall be the duty of the Council of National Defense to supervise and direct investigations and make recommendations to the President and the heads of executive departments as to the location of railroads with reference to the frontier of the United States so as to render possible expeditious concentration of troops and supplies to points of defense; the coordination of military, industrial, and commercial purposes in the location of branch lines of railroad; the utilization of waterways; the mobilization of military and naval resources for defense; the increase of domestic production of articles and materials essential to the support of armies and of the people during the interruption of foreign commerce; the development of seagoing transportation; data as to amounts, location, method and means of production, and availability of military supplies; the giving of information to producers and manufacturers as to the class of supplies needed by the military and other services of the Government, the requirements relating thereto, and the creation of relations which will render possible in time of need the immediate concentration and utilization of the resources of the Nation. (Aug. 29, 1916, ch. 418, § 2. 39 Stat. 649.)

CODIFICATION

Words "extensive highways and", which preceded "branch lines of railroad", were omitted on authority of act, Nov. 9, 1921, ch. 119, § 3, 42 Stat. 212.

§ 4. Rules and regulations; subordinate bodies and committees.

The Council of National Defense shall adopt rules and regulations for the conduct of its work, which rules and regulations shall be subject to the approval of the President, and shall provide for the work of the advisory commission to the end that the special knowledge of such commission may be developed by suitable investigation, research, and inquiry and made available in conference and report for the use of the council; and the council may organize subordinate bodies for its assistance in special investigations, either by the employment of experts or by the creation of committees of specially qualified persons to serve without compensation, but to direct the investigations of experts so employed. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 650.)

§ 5. Reports of subordinate bodies and committees; unvouchered expenditures.

Reports shall be submitted by all subordinate bodies and by the advisory commission to the council, and from time to time the council shall report to the President or to the heads of executive departments upon special inquiries or subjects appropriate

thereto. When deemed proper the President may authorize, in amounts stipulated by him, unvouchered expenditures. (Aug. 29, 1916, ch. 418, § 2, 39 Stat. 650; Aug. 7, 1946, ch. 770, § 1 (53), 60 Stat. 870.) CODIFICATION

Second sentence of this section was codified from a proviso to the first sentence, which was affected by Act Aug. 7, 1946.

AMENDMENTS

1946-Act Aug. 7, 1946, repealed all provisions requiring annual reports to Congress of the Council's activities and expenditures.

§ 6. Repealed. Pub. L. 89-554, § 8(a), Sept. 6, 1966, 80 Stat. 644.

Section, act June 5, 1920, ch. 235, § 1, 41 Stat. 886, placed a limit on the salaries of officers and employees of the Council on National Defense.

Chapter 2.-BOARD OF ORDNANCE AND
FORTIFICATION

§§ 11 to 15. Repealed. Dec. 16, 1930, ch. 14, § 1, 46 Stat. 1029.

Section 11, act Sept. 22, 1888, ch. 1028, § 1, 25 Stat. 489, related to composition and duties of the Board of Ordnance and Fortification.

Section 12, act Feb. 24, 1891, ch. 283, § 1, 26 Stat. 769, provided for a civilian member of the Board.

Section 13, act Mar. 2, 1901, ch. 803, 31 Stat. 910, provided for additional members of the Board.

Section 14, act Feb. 18, 1893, ch. 136, § 1, 27 Stat. 461, related to qualifications of Board Members. Section 15, act Sept. 22, 1888, ch. 1028, § 6, 25 Stat. 490, related to purchases and tests.

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§ 21. Restraint, regulation, and removal.

Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government, and the President makes public proclamation of the event, all natives, citizens, denizens, or subjects of the hostile nation or government, being of the age of fourteen years and upward, who shall be within the United States and not actually naturalized, shall be liable to be apprehended, restrained, secured, and removed as alien enemies. The President is authorized in any such event, by his proclamation thereof, or other public act, to direct the conduct to be observed on the part of the United States, toward the aliens who become so liable; the manner and degree of the restraint to which they shall be subject and in what cases, and upon what security their residence shall be permitted, and to provide for the removal of those who, not being permitted to reside within the United States, refuse or neglect to depart therefrom; and to establish any other regulations which are found necessary in the premises and for the public safety. (R. S. § 4067; Apr. 16, 1918, ch. 55, 40 Stat. 531.)

DERIVATION
Act July 6, 1798, ch. 66, § 1, 1 Stat. 577.

AMENDMENTS 1918-Act Apr. 16, 1918, omitted provision restricting this section to males.

WORLD WAR II PROCLAMATIONS

The following proclamations under this section were issued during World War II:

Proc. No. 2525, Dec. 7, 1941, 6 F. R. 6321, 3 C. F. R. Cum. Supp. p. 273.

Proc. No. 2526, Dec. 8, 1941, 6 F. R. 6323, 3 C. F. R. Cum. Supp. p. 276.

Proc. No. 2527, Dec. 8, 1941, 6 F. R. 6324, 3 C. F. R. Cum. Supp. p. 278.

Proc. No. 2533, Dec. 29, 1941, 3 C. F. R. Cum. Supp p. 283.

Proc. No. 2537, Jan. 14, 1942, 7 F. R. 329, 3 C. F. R. Cum. Supp. p. 287, revoked by Proc. No. 2678, Dec. 29, 1945, 11 F. R. 221, 3 C. F. R. 1946 Supp. p. 53.

Proc. No. 2563, July 17, 1942, 7 F. R. 5535, 3 C. F. R. Cum. Supp. p. 313.

Proc. No. 2655, July 14, 1945, 10 F. R. 8947, 3 C. F. R. 1945 Supp. p. 29.

Proc. No. 2674, Dec. 7, 1945, 10 F. R. 14945, 3 C. F. R. 1945 Supp. p. 43.

Proc. No. 2685, Apr. 11, 1946, 11 F. R. 4079, 3 C. F. R. 1946 Supp. p. 57, set out as a note preceding section 1 of Appendix to this title.

WORLD WAR I PROCLAMATIONS Proclamations issued under this chapter during the years 1917 and 1918 will be found in 40 Stat. 1651, 1716, 1730, and 1772.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 22 of this title. § 22. Time allowed to settle affairs and depart.

When an alien who becomes liable as an enemy, in the manner prescribed in section 21 of this title, is not chargeable with actual hostility, or other crime against the public safety, he shall be allowed, for the recovery, disposal, and removal of his goods and effects, and for his departure, the full time which is or shall be stipulated by any treaty then in force between the United States and the hostile nation or government of which he is a native citizen, denizen, or subject; and where no such treaty exists, or is in force, the President may ascertain and declare such reasonable time as may be consistent with the public safety, and according to the dictates of humanity and national hospitality. (R. S. § 4068.)

DERIVATION

Acts July 6, 1798, ch. 66, § 1, 1 Stat. 577; July 6, 1812, ch. 130, 2 Stat. 781.

§ 23. Jurisdiction of United States courts and judges. After any such proclamation has been made, the several courts of the United States, having criminal jurisdiction, and the several justices and judges of the courts of the United States, are authorized and it shall be their duty, upon complaint against any alien enemy resident and at large within such jurisdiction or district, to the danger of the public peace or safety, and contrary to the tenor or intent of such proclamation, or other regulations which the President may have established, to cause such alien to be duly apprehended and conveyed before such court, judge, or justice; and after a full examination and hearing on such complaint, and sufficient cause appearing, to order such alien to be removed out of the territory of the United States, or to give sureties

for his good behavior, or to be otherwise restrained, conformably to the proclamation or regulations established as aforesaid, and to imprison, or otherwise secure such alien, until the order which may be so made shall be performed. (R. S. § 4069.)

DERIVATION

Act July 6, 1798, ch. 66, § 2, 1 Stat. 577.

§ 24. Duties of marshals.

When an alien enemy is required by the President, or by order of any court, judge, or justice, to depart and to be removed, it shall be the duty of the marshal of the district in which he shall be apprehended to provide therefor and to execute such order in person, or by his deputy or other discreet person to be employed by him, by causing a removal of such alien out of the territory of the United States; and for such removal the marshal shall have the warrant of the President, or of the court, judge, or justice ordering the same, as the case may be. (R. S. § 4070.)

DERIVATION

Act July 6, 1798, ch. 66, § 3, 1 Stat. 578.

Chapter 4.-ESPIONAGE

§§ 31 to 39. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section 31, acts June 15, 1917, ch. 30, title I, § 1, 40 Stat. 217; Mar. 28, 1940, ch. 72, title I, § 1, 54 Stat. 79, related to unlawful obtaining or permitting to be obtained information affecting national defense, and is now covered by section 793 of Title 18, Crimes and Criminal Procedure.

Section 32, act June 15, 1917, ch. 30, title I, § 2, 40 Stat. 218, related to unlawful disclosures affecting national defense, and is now covered by section 794 of Title 18, Crimes and Criminal Procedure.

Section 33, act June 15, 1917, ch. 30, title I, § 3, 40 Stat. 219, related to seditious or disloyal acts or words in time of war, and is now covered by section 2388 of Title 18, Crimes and Criminal Procedure. Former section 33 was amended by act May 16, 1918, ch. 75, § 1, 40 Stat. 553, which was repealed and the original section reenacted by Res. Mar. 3, 1921, ch. 136, 41 Stat. 1359.

Section 34, act June 15, 1917, ch. 30, title I, § 4, 40 Stat. 219, related to conspiracy to violate former sections 32 and 33 of this title, and is now covered by sections 794 and 2388 of Title 18, Crimes and Criminal Procedure.

Section 35, acts June 15, 1917, ch. 30, title I, § 5, 40 Stat. 219; Mar. 28, 1940, ch. 72, § 2, 54 Stat. 79, related to the harboring or concealing of violators of the law, and is now covered by sections 792 and 2388 of Title 18, Crimes and Criminal Procedure.

Section 36, act June 15, 1917, ch. 30, title I, § 6, 40 Stat. 219, related to designation by proclamation of prohibited areas, and is now covered by section 793 of Title 18, Crimes and Criminal Procedure.

Section 37, act June 15, 1917, ch. 30, title I, § 8, 40 Stat. 219, related to places subject to provisions of former sections 31-42 of this title, and is now covered by section 2388 of Title 18, Crimes and Criminal Procedure.

Section 38, act June 15, 1917, ch. 30, title I, § 7, 40 Stat. 219, related to the jurisdiction of courts-martial and military commissions, and is now not covered.

Section 39, act June 15, 1917, ch. 30, title XIII, § 2, 40 Stat. 231; Proc. No. 2695, eff. July 4, 1946, 11 F. R. 7517, 60 Stat. 1352, related to jurisdiction of Canal Zone courts over offenses on high seas, and is now covered by section 3241 of Title 18, Crimes and Criminal Procedure. § 40. "United States" defined.

CODIFICATION

Section, act June 15, 1917, ch. 30, title XIII, § 1, 40 Stat. 231, has been transferred to section 195 of this title.

§ 41. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section, act June 15, 1917, ch. 30, title VIII, § 4, 40 Stat. 226, related to definition of "Foreign government" and is now covered by section 11 of Title 18, Crimes and Criminal Procedure.

§ 42. Effect of partial invalidity of chapter.

CODIFICATION

Section, act June 15, 1917, ch. 30, title XIII, § 4, 40 Stat. 231, is now set out as a note under section 191 of this title.

Chapter

4A.-PHOTOGRAPHING,

SKETCHING, MAPPING, ETC., DEFENSIVE INSTALLATIONS

§ 45 to 45d. Repealed. June 25, 1948, ch. 645, § 21, 62 Stat. 862, eff. Sept. 1, 1948.

Section 45, act Jan. 12, 1938, ch. 2, § 1, 52 Stat. 3, related to photographing of defensive installations, and is now covered by sections 795-797 of Title 18, Crimes and Criminal Procedure.

Section 45a, act Jan. 12, 1938, ch. 2, § 2, 52 Stat. 3, related to photographing, etc., from aircraft, and is now covered by section 796 of Title 18, Crimes and Criminal Procedure.

Section 45b, act Jan. 12, 1938, ch. 2, § 3, 52 Stat. 3, related to reproducing, publishing, selling uncensored copies, and is now covered by section 797 of Title 18, Crimes and Criminal Procedure.

Section 45c, act Jan. 12, 1938, ch. 2, § 4, 52 Stat. 4, related to definitions of "aircraft", "post", "camp", and "station", and is now covered by sections 795 and 796 of Title 18, Crimes and Criminal Procedure.

Section 45d, act Jan. 12, 1938, ch. 2, § 5, 52 Stat. 4, related to geographical application of law, and is now not covered.

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(b) with respect to an attempted introduction into the United States or an attempted manufacture or acquisition therein of any special nuclear material or atomic weapon, contrary to the laws of the United States,

shall be rewarded by the payment of an amount not to exceed $500,000. (July 15, 1955, ch. 372, § 2, 69 Stat. 365.)

SHORT TITLE

Congress in enacting this chapter, provided by section 1 of act July 15, 1955, that it should be popularly known as the "Atomic Weapons Rewards Act of 1955".

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 47b of this title.

§ 47b. Awards Board; composition; determinations. An Awards Board consisting of the Secretary of the Treasury (who shall be the Chairman), the Secretary of Defense, the Attorney General, the Director of Central Intelligence, and of one member of the Atomic Energy Commission designated by that Commission, shall determine whether any person furnishing information to the United States is entitled to any award and the amount thereof to be paid pursuant to section 47a of this title. In determining whether any person furnishing information to the United States is entitled to an award and the amount of such award, the Board shall take into consideration

(a) whether or not the information is of the type specified in section 47a of this title, and

(b) whether the person furnishing the information was an officer or employee of the United States and, if so, whether the furnishing of such information was in the line of duty of that person.

Any reward of $50,000 or more shall be approved by the President. (July 15, 1955, ch. 372, § 3, 69 Stat. 365.)

ABOLITION OF AWARDS Board

The Awards Board provided for in this section was abolished and its functions, including the functions of the chairman and other officers, transferred to the Attorney General by sections 11(d) and 13(a) of Reorg. Plan No. 4 of 1965, eff. July 27, 1965, 30 F.R. 9353, 79 Stat. 1321, set out in the Appendix to Title 5, Government Organization and Employees.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 47c, 47d, 47e, of this title.

§ 47c. Aliens; waiver of admission requirements. If the information leading to an award under section 47b of this title is furnished by an alien, the Secretary of State, the Attorney General, and the Director of Central Intelligence, acting jointly, may determine that the entry of such alien into the United States is in the public interest and, in that event, such alien and the members of his immediate family may receive immigrant visas and may be admitted to the United States for permanent residence, notwithstanding the requirements of the Immigration and Nationality Act. (July 15, 1955, ch. 372, § 4, 69 Stat. 366.)

REFERENCES IN TEXT

The Immigration and Nationality Act, referred to in the text, is classified to chapter 12 of Title 8, Allens and

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