U.S. Code, Title 50, War and National Defense, Appendix

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Author: "U.S. Congress, Office of the Law Revision Counsel"

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TITLE 50, APPENDIX—WAR AND NATIONAL DEFENSE

Act

Sec.

Proclamations, Executive Orders, Joint Resolutions and Treaties Respecting War, Neutrality and Peace ............ Notes prec. sec.      1

Trading with the Enemy Act of 1917      1

Soldiers’ and Sailors’ Civil Relief Act of 1918 [Omitted]      101

Selective Draft Act of 1917 [Omitted or Repealed]      201

Selective Training and Service Act of 1940 [Omitted or Repealed]      301

Office of Selective Service Records      321

Service Extension Act of 1941 [Repealed]      351

Army Reserve and Retired Personnel Service Law of 1940 [Omitted]      401

Military Selective Service Act      451

Soldiers’ and Sailors’ Civil Relief Act of 1940      501

First War Powers Act, 1941 [Repealed, Omitted, or Transferred]      601

Second War Powers Act, 1942 [Repealed or Omitted]      631

Exportation Restrictions on Certain Articles [Repealed or Omitted]      701

Requisition of Military Equipment, Materials and Supplies [Omitted]      711

Territorial Use of Army and Extension of Service Period [Omitted, Transferred, or Repealed]      731

Civilian Protection From War Hazards [Omitted]      741

Decorations, etc., for Merchant Marine [Repealed]      751

Use of Public Lands for War Purposes [Repealed]      756

Miscellaneous Provisions Affecting Military Establishment [Omitted, Repealed, or Transferred]      761

Photographing, Mapping or Other Representation of Military or Defense Properties [Omitted]      781

Exemption of Certain Articles From Import Duties and Taxes [Omitted or Repealed]      791

Temporary Appointments, Promotions, etc., of Navy, Marine Corps, and Coast Guard Officers [Omitted or Repealed]      806

Jurisdiction of Prizes and Prize Proceedings [Transferred]      821

Certain Allowance Assistance for Civilian and Military Personnel [Repealed or Omitted]      831

Free Entry of Gifts From Members of Armed Forces [Omitted]      846

Free Postage for Armed Forces Personnel [Omitted]      891

Emergency Price Control Act of 1942 [Omitted]      901

Stabilization Act of 1942 [Omitted]      961

Extension of Sugar Controls [Omitted]      981

Missing Persons Act [Repealed]      1001

Small Business Mobilization Act [Omitted, Transferred, or Repealed]      1101

War and Defense Contract Acts [Omitted or Repealed]      1151

National Emergency and War Shipping Acts      1251

Farm Labor Supply Appropriation Act, 1944 [Omitted]      1351

War Overtime Pay Act of 1943 [Repealed]      1401

Training of Nurses Through Grants to Institutions [Omitted]      1451

Civilian Reemployment of Members of Merchant Marine [Repealed]      1471

War Labor Disputes Act [Omitted]      1501

Voluntary Enlistments in Regular Military Establishment [Repealed]      1531

Women’s Army Corps [Repealed]      1551

United Nations Relief and Rehabilitation Administration [Omitted]      1571

Temporary Appointments of Army Nurse Corps Members, etc., as Officers of Army of United States [Repealed]      1591

Disposal of Materials on Public Lands [Omitted]      1601

Surplus Property Act of 1944      1611

War Mobilization and Reconversion Act of 1944 [Omitted]      1651

Fleet Admiral of Navy and General of Army [Repealed]      1691

Disposal of Censored Mail [Omitted]      1701

Disbursing Officers’ Additional Functions [Transferred]      1705

General of Marine Corps [Omitted]      1711

Admiral in Coast Guard [Repealed]      1721

Exception of Navy or Coast Guard Vessels From Certain Navigation Rules [Transferred]      1731

Sale of Surplus War-Built Vessels      1735

Rehabilitation of Philippines [Omitted]      1751

Return and Interment of Persons Buried Outside United States [Repealed]      1811

Veterans’ Emergency Housing Program [Repealed or Omitted]      1821

Naval Vessels as Atomic Targets [Omitted]      1841

Admission of Alien FianceÿAE1es Into United States [Omitted]      1851

Military Assistance to Philippine Republic [Omitted]      1861

Naval Aid to China [Omitted]      1871

Naval Aid to Foreign Nations [Omitted]      1876

Housing and Rent Acts      1881

Stabilization of Economy and Commodity Prices      1911

Domestic Rubber-Producing Industry [Omitted]      1921

Disposal of Government-Owned Rubber-Producing Facilities      1941

Displaced Persons, Refugees and Orphans [Omitted]      1951

American-Japanese Evacuation Claims      1981

Restitution for World War II Internment of Japanese-Americans and Aleuts      1989

Medical Care for Philippine Veterans [Repealed]      1991

War Claims      2001

Micronesian War and Postwar Claims [Omitted]      2018

Export Controls [Omitted]      2021

Alien Property Damage Claims [Omitted]      2041

Defense Production Act of 1950      2061

Domestic Minerals Program Extension      2181

Domestic Tungsten, Asbestos, Fluorspar and Columbium-Tantalum Purchase Programs [Omitted]      2191

Dependents Assistance Act of 1950 [Omitted or Repealed]      2201

Civil Defense      2251

Emergency Food Aid to India [Omitted]      2311

Korean Combat Pay [Repealed]      2351

World War II License Agreements      2371

Emergency Ship Repair Program [Repealed]      2391

Export Regulation      2401

PROCLAMATIONS, EXECUTIVE ORDERS, JOINT RESOLUTIONS AND TREATIES RESPECTING WAR, NEUTRALITY AND PEACE

I. PROCLAMATIONS OF STATE OF WAR

War between Germany and France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa      Proc. No. 2374

War between Germany and Norway      Proc. No. 2398

War between Germany and Belgium, Luxemburg, and the Netherlands      Proc. No. 2404

War between Italy and France and United Kingdom      Proc. No. 2407

War between Italy and Greece      Proc. No. 2443

War between Germany-Italy and Yugoslavia      Proc. No. 2473

War between Hungary and Yugoslavia      Proc. No. 2477

War between Bulgaria and Yugoslavia and Greece      Proc. No. 2479

II. PROCLAMATIONS OF UNITED STATES NEUTRALITY

War between Germany and France; Poland; United Kingdom, India, Australia and New Zealand      Proc. No. 2348

War between Germany and Union of South Africa, Canada      Proc. Nos. 2353, 2359

War between Germany and Norway      Proc. No. 2399

War between Germany and Belgium, Luxemburg, and the Netherlands      Proc. No. 2405

War between Italy and France and United Kingdom      Proc. No. 2408

War between Italy and Greece      Proc. No. 2444

III. MISCELLANEOUS PROCLAMATIONS AND EXECUTIVE ORDERS

Neutrality of the United States      Ex. Ord. No. 8233

Vessels through Panama Canal in any War in which the United States is Neutral      Ex. Ord. No. 8234

Neutrality in the Canal Zone      Proc. No. 2350

National Emergency, 1950      Proc. No. 2914

National Emergency of 1939      Proc. No. 2352

National Emergency of 1941      Proc. No. 2487

Removal of Alien Enemies      Proc. No. 2685

Termination of President’s War Relief Control Board      Ex. Ord. No. 9723

Termination of Wartime Emergencies      Proc. No. 2974

IV. DECLARATIONS OF WAR BY UNITED STATES

War between United States and Germany      Joint Res. April 6, 1917, 40 Stat. 1

War between United States and Austria-Hungary      Joint Res. Dec. 7, 1917, 40 Stat. 429

War between United States and Japan      Res. Dec. 8, 1941, ch. 561

War between United States and Germany      Res. Dec. 11, 1941, ch. 564

War between United States and Italy      Res. Dec. 11, 1941, ch. 565

War between United States and Bulgaria      Res. June 5, 1942, ch. 323

War between United States and Hungary      Res. June 5, 1942, ch. 324

War between United States and Rumania      Res. June 5, 1942, ch. 325

War between United States and Hungary, Bulgaria, and Rumania      Proc. No. 2563

V. TERMINATION OF STATE OF WAR

Cessation of Hostilities of World War II      Proc. No. 2714

Treaties of Peace with Italy, Bulgaria, Hungary, Rumania and Finland      Feb. 10, 1947

Treaty of Peace with Japan      Sept. 8, 1951

Termination of War with Germany      Jt. Res. Oct. 19, 1951, Proc. No. 2950

Ratification of Japanese Peace Treaty      Mar. 20, 1952

VI. AUTHORIZATION TO EMPLOY ARMED FORCES

Termination of Hostilities in Indochina      Pub. L. 92–129, Sept. 28, 1971, 85 Stat. 360

Maintenance of International Peace and Security in Southeast Asia      Pub. L. 88–408, Aug. 10, 1964, 78 Stat. 384

Interdiction of the Delivery of Offensive Weapons to Cuba      Proc. No. 3504, Oct. 23, 1962

Termination of Authority Granted and Orders Issued in Proc. No. 3504      Proc. 3507, Nov. 21, 1962

Middle East Stabilization      Pub. L. 85–7, Mar. 9, 1957, 71 Stat. 5

Protection of Security of Formosa      Res. Jan. 29, 1955

     See, also, notes under the Neutrality Act of 1939, sections 441, 444, 445, 447 to 451, 453 to 457 of Title 22, Foreign Relations and Intercourse.

I. PROCLAMATIONS OF STATE OF WAR

     Proc. No. 2374, Nov. 4, 1939, 12:04 p.m., 4 F.R. 4493, 54 Stat. 2671, proclaimed a state of war between Germany and France; Poland; and the United Kingdom, India, Australia, Canada, New Zealand and the Union of South Africa.

     Proc. No. 2398, Apr. 25, 1940, 5 F.R. 1569, 54 Stat. 2698, proclaimed a state of war between Germany and Norway.

     Proc. No. 2404, May 11, 1940, 5 F.R. 1689, 54 Stat. 2703, proclaimed a state of war between Germany and Belgium, Luxemburg, and the Netherlands.

     Proc. No. 2407, June 10, 1940, 10:20 p.m., E.S.T., 5 F.R. 2191, 54 Stat. 2706, proclaimed a state of war between Italy and France and United Kingdom.

     Proc. No. 2443, Nov. 15, 1940, 5 F.R. 4523, 54 Stat. 2763, proclaimed a state of war between Italy and Greece.

     Proc. No. 2473, Apr. 10, 1941, 6 F.R. 1905, 55 Stat. 1627, proclaimed a state of war between Germany-Italy and Yugoslavia.

     Proc. No. 2477, Apr. 15, 1941, 6 F.R. 1995, 55 Stat. 1631, proclaimed a state of war between Hungary and Yugoslavia.

     Proc. No. 2479, Apr. 24, 1941, 6 F.R. 2133, 55 Stat. 1636, proclaimed a state of war between Bulgaria and Yugoslavia and Greece.

II. PROCLAMATIONS OF UNITED STATES NEUTRALITY

     Proc. No. 2348, Sept. 5, 1939, 4 F.R. 3809, 54 Stat. 2629, proclaimed neutrality of United States in war between Germany and France; Poland; United Kingdom, India, Australia, and New Zealand.

     Proc. No. 2353, Sept. 8, 1939, 4 F.R. 3851, 54 Stat. 2643, proclaimed neutrality of United States in war between Germany and Union of South Africa.

     Proc. No. 2359, Sept. 10, 1939, 4 F.R. 3857, 54 Stat. 2652, proclaimed neutrality of United States in war between Germany and Canada.

     Proc. No. 2399, Apr. 25, 1940, 5 F.R. 1569, 54 Stat. 2699, proclaimed neutrality of United States in war between Germany and Norway.

     Proc. No. 2405, May 11, 1940, 5 F.R. 1689, 54 Stat. 2704, proclaimed neutrality of United States in war between Germany and Belgium, Luxemburg, and the Netherlands.

     Proc. No. 2408, June 10, 1940, 10:20 p.m. E.S.T., 5 F.R. 2191, 54 Stat. 2707, proclaimed neutrality of United States in war between Italy and France and United Kingdom.

     Proc. No. 2444, Nov. 15, 1940, 5 F.R. 4523, 54 Stat. 2764, proclaimed neutrality of United States in war between Italy and Greece.

III. MISCELLANEOUS PROCLAMATIONS AND EXECUTIVE ORDERS

National Emergency of 1939

     Proc. No. 2352, Sept. 8, 1939, 4 F.R. 3851, 54 Stat. 2643, proclaimed national emergency in connection with enforcement of neutrality which was terminated by Proc. No. 2974, set out below.

National Emergency of 1941

     Proc. No. 2487, May 27, 1941, 6 F.R. 2617, 55 Stat. 1647, proclaimed an unlimited national emergency which was terminated by Proc. No. 2974, set out below.

Proc. No. 2685. Removal of Alien Enemies

     Proc. No. 2685, Apr. 11, 1946, 11 F.R. 4079, 60 Stat. Pt. 2, p. 1342, provided:

     1. All alien enemies within the continental limits of the United States brought here from other American republics after December 7, 1941, who are within the territory of the United States without admission under the immigration laws, shall, if their continued residence in the Western Hemisphere is deemed by the Secretary of State to be prejudicial to the future security or welfare of the Americas, be subject upon the order of the Secretary of State to removal from the United States and may be required to depart therefrom in accordance with such regulations as the Secretary of State may prescribe.

     2. In all cases in which the Secretary of State shall have ordered the removal of an alien enemy under the authority of this proclamation or in which the Attorney General shall have ordered the removal of an alien enemy under the authority of Proclamation No. 2655 of July 14, 1945, thirty days shall be considered, and is hereby declared to be, a reasonable time for such alien enemy to effect the recovery, disposal, and removal of his goods and effects, and for his departure.

     3. This proclamation supersedes Proclamation No. 2662 of September 8, 1945, entitled "Removal of Alien Enemies."

Harry S Truman.

Proc. No. 2914. National Emergency, 1950

     Proc. No. 2914, Dec. 16, 1950, 15 F.R. 9029, 64 Stat. a454 provided:

     WHEREAS recent events in Korea and elsewhere constitute a grave threat to the peace of the world and imperil the efforts of this country and those of the United Nations to prevent aggression and armed conflict; and

     WHEREAS world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world; and

     WHEREAS, if the goal of communist imperialism were to be achieved, the people of this country would no longer enjoy the full and rich life they have with God’s help built for themselves and their children; they would no longer enjoy the blessings of the freedom of worshipping as they severally choose, the freedom of reading and listening to what they choose, the right of free speech including the right to criticize their Government, the right to choose those who conduct their Government, the right to engage freely in collective bargaining, the right to engage freely in their own business enterprises, and the many other freedoms and rights which are a part of our way of life; and

     Whereas the increasing menace of the forces of communist aggression requires that the national defense of the United States be strengthened as speedily as possible:

     NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do proclaim the existence of a national emergency, which requires that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repeal any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace.

     I summon all citizens to make a united effort for the security and well-being of our beloved country and to place its needs foremost in thought and action that the full moral and material strength of the Nation may be readied for the dangers which threaten us.

     I summon our farmers, our workers in industry, and our businessmen to make a mighty production effort to meet the defense requirements of the Nation and to this end to eliminate all waste and inefficiency and to subordinate all lesser interests to the common good.

     I summon every person and every community to make, with a spirit of neighborliness, whatever sacrifices are necessary for the welfare of the Nation.

     I summon all State and local leaders and officials to cooperate fully with the military and civilian defense agencies of the United States in the national defense program.

     I summon all citizens to be loyal to the principles upon which our Nation is founded, to keep faith with our friends and allies, and to be firm in our devotion to the peaceful purposes for which the United Nations was founded.

     I am confident that we will meet the dangers that confront us with courage and determination, strong in the faith that we can thereby "secure the Blessings of Liberty to ourselves and our Posterity."

Harry S. Truman.

Proc. No. 2974. Termination of Wartime Emergencies

     Proc. No. 2974, Apr. 28, 1952, 17 F.R. 3813, 66 Stat. c31, provided in part:

     NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do proclaim that the national emergencies declared to exist by the proclamations of September 8, 1939 [set out above], and May 27, 1941 [set out above], terminated this day upon the entry into force of the Treaty of Peace with Japan.

     Nothing in this proclamation shall be construed to affect Proclamation No. 2914 [set out above], issued by the President on December 16, 1950, declaring that world conquest by communist imperialism is the goal of the forces of aggression that have been loosed upon the world, and proclaiming the existence of a national emergency requiring that the military, naval, air, and civilian defenses of this country be strengthened as speedily as possible to the end that we may be able to repel any and all threats against our national security and to fulfill our responsibilities in the efforts being made through the United Nations and otherwise to bring about lasting peace; and nothing herein shall be construed to affect the continuation of the said emergency of September 8, 1939, as specified in the Emergency Powers Interim Continuation Act, approved April 14, 1952 (Public Law 313—82d Congress), for the purpose of continuing the use of property held under the Act of October 14, 1940, ch. 862, 54 Stat. 1125, as amended [sections 1521 to 1524, 1531 to 1536, 1541 to 1553, 1561 to 1564, 1571 to 1576, 1581 to 1590 of Title 42, The Public Health and Welfare].

Harry S Truman.

Executive Order No. 8233

     Ex. Ord. No. 8233, Sept. 5, 1939, 4 F.R. 3822, referred to regulations governing enforcement of neutrality of the United States.

Ex. Ord. No. 8234. Regulations Governing Passage and Control of Vessels Through Panama Canal in any War in Which the United States is Neutral

     Ex. Ord. No. 8234, Sept. 5, 1939, 4 F.R. 3823, as amended by Ex. Ord. No. 8382, Mar. 25, 1940, 5 F.R. 1185, provided:

     WHEREAS the treaties of the United States, in any war in which the United States is a neutral, impose on the United States certain obligations to both neutral and belligerent nations;

     AND WHEREAS the treaties of the United States, in any war in which the United States is a neutral, require that the United States exert all the vigilance within their power to carry out their obligations as a neutral;

     AND WHEREAS treaties of the United States require that the Panama Canal shall be free and open, on terms of entire equality, to the vessels of commerce and of war of all nations observing the rules laid down in Article 3 of the so-called Hay-Pauncefote treaty concluded between the United States and Great Britain, November 18, 1901:

     NOW, THEREFORE, by virtue of the authority vested in me by section 5 of the Panama Canal Act, approved August 24, 1912 (ch. 390, sec. 5, 37 Stat. 562), as amended by the act of July 5, 1932 (ch. 425, 47 Stat. 578), I hereby prescribe the following regulations governing the passage and control of vessels through the Panama Canal or any part thereof, including the locks and approaches thereto, in any war in which the United States is a neutral;

     1. Whenever considered necessary, in the opinion of the Governor of the Panama Canal, to prevent damage or injury to vessels or to prevent damage or injury to the Canal or its appurtenances, or to secure the observance of the rules, regulations, rights, or obligations of the United States, the Canal authorities may at any time, as a condition precedent to transit of the Canal, inspect any vessel, belligerent or neutral, other than a public vessel, including its crew and cargo, and, for and during the passage through the Canal, place armed guards thereon, and take full possession and control of such vessel and remove therefrom the officers and crew thereof and all other persons not specially authorized by the Canal authorities to go or remain on board thereof during such passage.

     2. A public vessel of a belligerent or neutral nation shall be permitted to pass through the Canal only after her commanding officer has given written assurance to the authorities of the Panama Canal that the rules, regulations, and treaties of the United States will be faithfully observed.

     3. Possession of cameras on board vessels; photographing from vessels. While on board any vessel in transit through the Panama Canal, no person shall (a) have or remain in possession of any camera, or (b) make any photograph, sketch, picture, drawing, map, or graphical representation of any of the locks of the Panama Canal, or of any portion of any such lock, or of any area within or adjacent to any such lock, or of any object or structure within or upon any such area, without first obtaining the permission of the Governor of The Panama Canal, and promptly submitting the product obtained to the Governor for such action as he may deem necessary. The master of every vessel that transmits the Panama Canal (a) shall prior to the beginning of each transit cause all cameras on board such vessel, or which are brought on board by embarking passengers, or otherwise, to be collected and delivered to him, and shall retain the said cameras in his possession, in a secure and inaccessible place, until the disembarkation of the original possessors thereof or until the transit through the Canal is completed, and (b) shall during such transit take such further action, in cooperation with the Canal authorities, as may be necessary to prevent the making, by any person on board such vessel in the waters of the Canal Zone, of any photograph, sketch, picture, drawing, map, or graphical representation which is forbidden by this paragraph; but these provisions shall not apply with respect to any person who has obtained permission as provided in this paragraph. Any person who shall violate any provision of this paragraph shall be punishable as provided in section 9 of title 2 of the [former] Canal Zone Code.

     The foregoing regulations are in addition to the "Rules and Regulations for the Operation and Navigation of the Panama Canal and Approaches Thereto, including all Waters under its Jurisdiction" prescribed by Executive Order No. 4314 of September 25, 1925, as amended, and the provisions of proclamations and executive orders pertaining to the Canal Zone issued in conformity with the laws and treaties of the United States.

     Proc. No. 2350, eff. Sept. 5, 1939, 4 F.R. 3821, 54 Stat. 2368, referred to regulations concerning neutrality in the Canal Zone.

Franklin D. Roosevelt.

Ex. Ord. No. 9723. Termination of President’s War Relief Control Board

     Ex. Ord. No. 9723, May 14, 1946, 11 F.R. 5345, provided:

     Executive Order No. 9205 of July 25, 1942, is revoked, and the President’s War Relief Control Board established by that order is hereby terminated. The Secretary of State is authorized and directed to liquidate all of the activities and obligations and wind up all of the affairs of the Board as rapidly as practicable, and to utilize therefore such of the personnel property, records, and unexpended appropriations of the Board as may be necessary.

Harry S Truman.

IV. DECLARATIONS OF WAR BY UNITED STATES

War Between United States and Germany

     Declared by Joint Res. April 6, 1917, 40 Stat. 1.

War Between United States and Austria-Hungary

     Declared by Joint Res. Dec. 7, 1917, 40 Stat. 429.

War Between United States and Japan

     Declared by Joint Res. Dec. 8, 1941, 4:10 p.m., E.S.T., ch. 561, 55 Stat. 795.

War Between United States and Germany

     Declared by Joint Res. Dec. 11, 1941, 3:05 p.m. E.S.T., ch. 564, 55 Stat. 796.

War Between United States and Italy

     Declared by Joint Res. Dec. 11, 1941, 3:06 p.m., E.S.T., ch. 565, 55 Stat. 797.

War Between the United States and Bulgaria

     Declared by Joint Res. June 5, 1942, ch. 323, 56 Stat. 307.

War Between United States and Hungary

     Declared by Joint Res. June 5, 1942, ch. 324, 56 Stat. 307.

War Between United States and Rumania

     Declared by Joint Res. June 5, 1942, ch. 325, 56 Stat. 307.

Proc. No. 2563. Proclamation of State of War Between United States and Hungary, Bulgaria, and Rumania

     Proc. No. 2563, July 17, 1942, 7 F.R. 5535, 56 Stat. 1970, proclaimed that a state of war existed between the United States and Hungary, Rumania, and Bulgaria.

V. TERMINATION OF STATE OF WAR

Cessation of Hostilities

     The cessation of hostilities of World War II was officially proclaimed by the President of the United States, Proclamation No. 2714, Dec. 31, 1946, 12 F.R. 1, 61 Stat. 1048, in the following language:

     NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of America, do hereby proclaim the cessation of hostilities of World War II, effective twelve o’clock noon, December 31, 1946.

Treaties of Peace With Italy, Bulgaria, Hungary, Rumania, and Finland

     On the 10th day of February 1947, separate Treaties of Peace were concluded by designated Allied and Associated Powers, including the United States of America, with Italy, Bulgaria, Hungary and Rumania.

     Each of these Treaties contained a recital in the Preamble that the Allied and Associated Powers named therein

     Have therefore agreed to declare the cessation of the state of war and for this purpose to conclude the present Treaty of Peace, and have accordingly appointed the undersigned Plenipotentiaries who, after presentation of their full powers, found in good and due form, have agreed on the following provisions: * * *.

     The full text of the Treaties of Peace with Italy, Bulgaria, Hungary, Rumania and Finland are set out in 61 Stat. 1245, 1915, 2065, 1757.

     On the same date a Treaty of Peace was concluded with Finland. The United States is not a signatory thereto.

Treaty of Peace with Japan

     The Treaty of Peace with Japan signed at the city of San Francisco on the 8th day of September 1951, Chapter I, Article 1, provides:

     (a) The state of war between Japan and each of the Allied Powers is terminated as from the date on which the present Treaty comes into force between Japan and the Allied Power concerned as provided for in Article 23.

     Article 23 of Chapter VII, above referred to, provides:

     (a) The present Treaty shall be ratified by the States which sign it, including Japan, and will come into force for all the States which have then ratified it, when instruments of ratification have been deposited by Japan and by a majority, including the United States of America as the principal occupying Power, of the following States [here would appear the names of such of the following States as are signatories to the present Treaty], namely Australia, Burma, Canada, Ceylon, France, India, Indonesia, the Netherlands, New Zealand, Pakistan, the Philippines, the United Kingdom of Great Britain and Northern Ireland, the Union of Soviet Socialist Republics, and the United States of America. The present Treaty shall come into force for each State which subsequently ratifies it, on the date of the deposit of its instrument of ratification.

     (b) If the Treaty has not come into force within nine months after the date of the deposit of Japan’s ratification, any State which has ratified it may bring the Treaty into force between itself and Japan by a notification to that effect given to the Government of Japan and of the United States of America not later than three years after the date of deposit of Japan’s ratification.

Ratification of Japanese Peace Treaty

     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.

Germany

Joint Resolution of Congress

     Joint Res. Oct. 19, 1951, ch. 519, 65 Stat. 451, provided: "That the state of war declared to exist between the United States and the Government of Germany by the joint resolution of Congress approved December 11, 1941, is hereby terminated and such termination shall take effect on the date of enactment of this resolution [Oct. 19, 1951]: Provided, however, That notwithstanding this resolution and any proclamation issued by the President pursuant thereto, any property or interest which prior to January 1, 1947, was subject to vesting or seizure under the provisions of the Trading With the Enemy Act of October 6, 1917 (40 Stat. 411), as amended [sections 1 to 6, 7 to 39, 41 to 44 of this Appendix] or which has heretofore been vested or seized under that Act, including accruals to or proceeds of any such property or interest, shall continue to be subject to the provisions of that Act in the same manner and to the same extent as if this resolution had not been adopted and such proclamation had not been issued. Nothing herein and nothing in such proclamation shall alter the status, as it existed immediately prior hereto, under that Act, of Germany or of any person with respect to any such property or interest."

Proclamation No. 2950

     Proc. No. 2950, Oct. 25, 1951, 16 F.R. 10915, 66 Stat. c3, proclaimed that the state of war between the United States and the Government of Germany declared on Dec. 11, 1941 was terminated on Oct. 19, 1951.

VI. AUTHORIZATION TO EMPLOY ARMED FORCES

Maintenance of International Peace and Security in Southeast Asia

     Pub. L. 88–408, Aug. 10, 1964, 78 Stat. 384, which authorized the President to take all necessary measures to repeal armed attack against the forces of the United States in the interest of the maintenance of peace and security in Southeast Asia, was terminated by Pub. L. 91–672, § 12, Jan. 12, 1971, 84 Stat. 2055, effective upon the day that the second session of the Ninety-first Congress was last adjourned. The second session of the Ninety-first Congress adjourned sine die on January 2, 1971.

Termination of Hostilities in Indochina

     Pub. L. 92–129, title IV, § 401, Sept. 28, 1971, 85 Stat. 360, provided that: "It is hereby declared to be the sense of Congress that the United States terminate at the earliest practicable date all military operations of the United States in Indochina, and provide for the prompt and orderly withdrawal of all United States military forces at a date certain subject to the release of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government, and an accounting for all Americans missing in action who have been held by or known to such Government or such forces. The Congress hereby urges and requests the President to implement the above expressed policy by initiating immediately the following actions:

     "(1) Negotiate with the Government of North Vietnam for an immediate cease-fire by all parties to the hostilities in Indochina.

     "(2) Negotiate with the Government of North Vietnam for the establishing of a final date for the withdrawal from Indochina of all military forces of the United States contingent upon the release at a date certain of all American prisoners of war held by the Government of North Vietnam and forces allied with such Government.

     "(3) Negotiate with the Government of North Vietnam for an agreement which would provide for a series of phased and rapid withdrawals of United States military forces from Indochina subject to a corresponding series of phased releases of American prisoners of war, and for the release of any remaining American prisoners of war concurrently with the withdrawal of all remaining military forces of the United States by not later than the date established pursuant to paragraph (2) hereof."

Proc. No. 3504. Interdiction of the Delivery of Offensive Weapons to Cuba

     Proc. No. 3504, Oct. 23, 1962, 27 F.R. 10401, 77 Stat. 958, provided:

     WHEREAS the peace of the world and the security of the United States and of all American States are endangered by reason of the establishment by the Sino-Soviet powers of an offensive military capability in Cuba, including bases for ballistic missiles with a potential range covering most of North and South America;

     WHEREAS by a Joint Resolution passed by the Congress of the United States and approved on October 3, 1962, it was declared that the United States is determined to prevent by whatever means may be necessary, including the use of arms, the Marxist-Leninist regime in Cuba from extending, by force or the threat of force, its aggressive or subversive activities to any part of this hemisphere, and to prevent in Cuba the creation or use of an externally supported military capability endangering the security of the United States; and

     WHEREAS the Organ of Consultation of the American Republics meeting in Washington on October 23, 1962, recommended that the Member States, in accordance with Articles 6 and 8 of the Inter-American Treaty of Reciprocal Assistance, take all measures, individually and collectively, including the use of armed force, which they may deem necessary to ensure that the Government of Cuba cannot continue to receive from the Sino-Soviet powers military material and related supplies which may threaten the peace and security of the Continent and to prevent the missiles in Cuba with offensive capability from ever becoming an active threat to the peace and security of the Continent:

     NOW, THEREFORE, I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority conferred upon me by the Constitution and statutes of the United States, in accordance with the aforementioned resolutions of the United States Congress and of the Organ of Consultation of the American Republics, and to defend the security of the United States, do hereby proclaim that the forces under my command are ordered, beginning at 2:00 P.M. Greenwich time October 24, 1962, to interdict, subject to the instructions herein contained, the delivery of offensive weapons and associated material to Cuba.

     For the purposes of this Proclamation, the following are declared to be prohibited materiel:

     Surface-to-surface missiles; bomber aircraft; bombs, air-to-surface rockets and guided missiles; warheads for any of the above weapons; mechanical or electronic equipment to support or operate the above items; and any other classes of materiel hereafter designated by the Secretary of Defense for the purpose of effectuating this Proclamation.

     To enforce this order, the Secretary of Defense shall take appropriate measures to prevent the delivery of prohibited materiel to Cuba, employing the land, sea and air forces of the United States in cooperation with any forces that may be made available by other American States.

     The Secretary of Defense may make such regulations and issue such directives as he deems necessary to ensure the effectiveness of this order, including the designation, within a reasonable distance of Cuba, of prohibited or restricted zones and of prescribed routes.

     Any vessel or craft which may be proceeding toward Cuba may be intercepted and may be directed to identify itself, its cargo, equipment and stores and its ports of call, to stop, to lie to, to submit to visit and search, or to proceed as directed. Any vessel or craft which fails or refuses to respond to or comply with directions shall be subject to being taken into custody. Any vessel or craft which it is believed is en route to Cuba and may be carrying prohibited materiel or may itself constitute such materiel shall, wherever possible, be directed to proceed to another destination of its own choice and shall be taken into custody if it fails or refuses to obey such directions. All vessels or craft taken into custody shall be sent into a port of the United States for appropriate disposition.

     In carrying out this order, force shall not be used except in case of failure or refusal to comply with directions, or with regulations or directives of the Secretary of Defense issued hereunder, after reasonable efforts have been made to communicate them to the vessel or craft, or in case of self-defense. In any case, force shall be used only to the extent necessary.

     IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the United States of America to be affixed.

Done in the City of Washington this twenty-third day of October in the year of our Lord nineteen hundred and sixty-two, and of the Independence of the United States of America the one hundred and eighty-seventh.

[seal]

John Fitzgerald Kennedy.

Proc. No. 3507. Terminating Authority Granted and Orders Issued in Proc. No. 3504

     Proc. No. 3507, Nov. 21, 1962, 27 F.R. 11525, 77 Stat. 961, provided:

     I, JOHN F. KENNEDY, President of the United States of America, acting under and by virtue of the authority vested in me by the Constitution and statutes of the United States, do hereby proclaim that at 11 p.m., Greenwich Time, November 20, 1962, I terminated the authority conferred upon the Secretary of Defense by Proclamation No. 3504, dated October 23, 1962 [set out above], and revoked the orders contained therein to forces under my command.

     IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the United States of America to be affixed.

DONE at the City of Washington this 21st day of November, in the year of our Lord nineteen hundred and sixty-two and of the Independence of the United States of America the one hundred and eighty-seventh.

[seal]

John F. Kennedy.

Middle East Stabilization

     Pub. L. 85–7, §§ 1–6, Mar. 9, 1957, 71 Stat. 5, set out as chapter 24A (§ 1961 et seq.) of Title 22, Foreign Relations and Intercourse, authorizes the President to provide economic and military assistance, and, if he determines it necessary, to use armed forces under certain circumstances to maintenance of national independence in the Middle East.

Protection of Security of Formosa

     Joint Res. Jan. 29, 1955, ch. 4, 8:42 A.M., 69 Stat. 7, which authorized the President of the United States to employ the Armed Forces of the United States for the purpose of securing and protecting Formosa and Pescadores against armed attack, was repealed by Pub. L. 93–475, § 3, Oct. 26, 1974, 88 Stat. 1439.

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Chicago: "U.S. Congress, Office of the Law Revision Counsel", "Title 50, Appendix— War and National Defense CM:Table-Start:2,L0,Tp0,P6,8/9,T2,S10,4," U.S. Code, Title 50, War and National Defense, Appendix in U.S. Code, Title 50, War and National Defense, Appendix (Washington, D.C.: Government Printing Office, 2002), Original Sources, accessed April 25, 2024, http://www.originalsources.com/Document.aspx?DocID=7X6XIZ7G79JX69A.

MLA: "U.S. Congress, Office of the Law Revision Counsel". "Title 50, Appendix— War and National Defense CM:Table-Start:2,L0,Tp0,P6,8/9,T2,S10,4." U.S. Code, Title 50, War and National Defense, Appendix, in U.S. Code, Title 50, War and National Defense, Appendix, Washington, D.C., Government Printing Office, 2002, Original Sources. 25 Apr. 2024. http://www.originalsources.com/Document.aspx?DocID=7X6XIZ7G79JX69A.

Harvard: "U.S. Congress, Office of the Law Revision Counsel", 'Title 50, Appendix— War and National Defense CM:Table-Start:2,L0,Tp0,P6,8/9,T2,S10,4' in U.S. Code, Title 50, War and National Defense, Appendix. cited in 2002, U.S. Code, Title 50, War and National Defense, Appendix, Government Printing Office, Washington, D.C.. Original Sources, retrieved 25 April 2024, from http://www.originalsources.com/Document.aspx?DocID=7X6XIZ7G79JX69A.