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Volume 60 · 221

Public Law 79–271

Reducing or further reducing certain appropriations and contractual authorizations available for the fiscal year 1946, and for other purposes.

Approved May 27, 1946

Statutory text

AN ACT

Reducing or further reducing certain appropriations and contractual authorizations available for the fiscal year 1946, 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 appropriations

Second Supplemental Surplus Appropriation Rescission Act, 1916.

and contractual authorizations of the departments and agencies available in the fiscal year 1946, and prior year unreverted appropriations, are hereby reduced in the sums hereinafter set forth, such sums to be carried to the surplus fund and covered into the Treasury immediately upon the approval of this Act:

TITLE I— EXECUTIVE OFFICE OF THE PRESIDENT, INDEPENDENT OFFICES, AND EXECUTIVE DEPARTMENTS

Executive Office of the President office for emergency management National War Labor Board: Salaries and expenses, $1,600,000. Office of Scientific Research and Development: Salaries and expenses, $555,000. War Shipping Administration: Revolving fund, $375,000,000. Maritime training fund, $2,000,000. Marine and war risk insurance fund, revolving fund, $60,000,000. Office of Censorship: Salaries and expenses, $415,400. Petroleum Administration for War: Salaries and expenses, $200,000. In all, Office for Emergency Management, $439,770,400.

EMERGENCY FUNDS APPROPRIATED TO THE PRESIDENT Defense aid—lend-lease, $1,080,000,000, to be deducted from such of the categories specified in the various appropriation acts as may be determined by the Secretary of State or such official as he shall designate.

INDEPENDENT OFFICES Employees’ Compensation Commission: Employees’ compensation fund, $1,300,000. United States Maritime Commission: Construction fund, Act of June 29, 1936, revolving fund, $300,068,000.

federal security agency Public Health Service: Health and sanitation activities, war and defense areas (national defense), $125,000.

federal works agency Office of the Administrator: War public works (community facilities), $5,750,000. Liquidation of Work Projects Administration, 1944, $120,000. Work relief in Puerto Rico and the Virgin Islands, 1944, $1,000,000. Public Buildings Administration: Emergency safeguarding of public buildings and property, $75,000. Public Roads Administration: Flight strips (national defense), $56,732, and such additional amount as may remain unobligated. In all, independent offices, $308,494,732.

EXECUTIVE DEPARTMENTS [Non-War] department of agriculture Emergency supplies for Territories and possessions, $3,800,000. department of the interior Office of Fishery Coordination: Salaries and expenses, $12,000. Emergency funds appropriated to the President: Emergency fund for the President, national defense (allotment to Interior, Territories and island possessions), $1,391,143. department of justice Legal activities and general administration: Salaries and expenses, Lands Division, $300,000. In all, executive departments, $5,503,143. In all, title I, $1,833,768,275.

Miscellaneous Provisions, Title I

reductions in contractual authorizations Contractual authorizations of the departments and agencies available in the fiscal year 1946 are hereby reduced in the sums hereinafter set forth:

independent offices United States Maritime Commission: Construction fund, Act June 29, 1936, revolving fund, $460,000,000. Federal Works Agency, Public Buildings Administration: Construction of buildings in the District of Columbia, $3,673,001.

reductions in limitations on administrative expenses Limitations on amounts from funds of corporations and other agencies for administrative expenses are hereby reduced in the following sums:

executive office of the president Office for Emergency Management, Foreign Economic Administration: Rubber Development Corporation, $160,000. U. S. Commercial Company, $250,000.

independent offices Federal Loan Agency, Reconstruction Finance Corporation: Administrative expenses, Reconstruction Finance Corporation and its affiliated organizations, $7,000,000.

Corporate Funds To Be Transferred to the Treasury executive office of the president Office for Emergency Management: Office of Inter-American Affairs: The Director of the Office of Inter-American Affairs is hereby directed to deposit in the Treasury of the United States as miscellaneous receipts the following sums representing excess funds of corporations created by the Coordinator of Inter-American Affairs under authority of law: Institute of Inter-American Transportation, $171,890. Inter-American Navigation Corporation, $175,000. Prencinradio, Incorporated, $100,000.

TITLE II— MILITARY ESTABLISHMENT

Office of Secretary of War: Expediting Production of Equipment and Supplies for National Defense, 1940–1946, $20,545,000. General Staff Corps: Special Field Exercises, Army, 1942–1946, $2,413,868. Adjutant General’s Department: Command and General Staff School, Fort Leavenworth, Kansas, 1942–1946, $20,000. Finance Department: Finance Service, Army, 1942–1946, $4,704,700, and subappropriations under this head are hereby decreased as follows: (1) expenses of courts martial, $4,700; (2) apprehension of deserters, $450,000; (3) Finance Service, $4,000,000, and (4) claims for damages due to loss or destruction of property, or personal injury, or death, $250,000: Provided, That of the provisions of law of the United States conferring rights, privileges, or benefits upon any person by reason of the service of such person or the service of any other person in the armed forces of the United States or any component thereof, only those conferring rights, privileges, or benefits upon persons during the time they are on active duty and those listed below shall, after the date of enactment of this Act, be deemed to apply to persons for service in the Philippine Scouts under the provisions of section 14 of the Act approved

59 Stat. 543.

10 U. S. C., Supp. V, § 637.

10 U. S. C. § 916.

October 6, 1945 (Public Law 190, Seventy-ninth Congress): (1) The provisions of the Act of March 9, 1928 (45 Stat. 251), as amended, relating to funeral expenses; (2) Provisions of law authorizing the payment to enlisted men of a travel allowance upon discharge; (3) Provisions of law authorizing retirement and prescribing or governing pay for Philippine Scouts placed on the retired list; (4) The provisions of the Act of December 17, 1919 (41

10 U. S. C., Supp. V, § 903.

Stat. 367), as amended, authorizing the payment of a death gratuity equal to six months’ active-duty pay to the dependents of military personnel whose death occurs while on active duty; (5) The provisions of the Mustering-Out Payment Act of

58 Stat. 8.

38 U. S. C., Supp. V, § 691.

1944 (Public Law 225, Seventy-eighth Congress), except that for the purpose of computing such payments for service in the Philippine Scouts, service wholly performed in the Philippine Islands shall be compensated for on the same basis as service wholly performed within the United States; and (6) The provisions of laws administered by the Veterans’ Administration providing for the payment of pensions on account of service-connected disability or death: Provided further, That payments made under the provisions of any law referred to in clauses (5) and (6) above shall be paid at the rate of one Philippine peso for each dollar authorized by such law: And provided further, That the provisions of the

54 Stat. 1008.

38 U. S. C. §§ 801–818; Supp. V, § 801 et seq.

Post, p. 781 et seq.

59 Stat. 543.

10 U. S. C., Supp. V, § 637.

National Service Life Insurance Act of 1940, as amended, shall apply to persons who serve in the Philippine Scouts under the provisions of section 14 of the Act approved October 6, 1945, only insofar as such provisions relate to contracts of insurance heretofore entered into. Quartermaster Corps: Quartermaster Service, Army, 1942–1946, subappropriation “Welfare of enlisted men”, $5,400,000. Transportation Corps: Transportation Service, Army, 1945–1946, $80,000,000. Signal Corps: Signal Service of the Army, 1942–1946, $85,000,000. Air Corps: Air Corps, Army, 1942–1946, $1,000,000,000. Medical Department: Medical and Hospital Department, Army, 1942–1946, $27,615,000. Corps of Engineers: Engineer Service, Army, 1942–1946, subappropriation “Engineer Service”, $50,000,000, and no part of such subappropriation shall be available after February 25, 1946, for acquiring land or building permanent structures within the continental limits of the United States, except structures not costing more than $20,000. Repair of arsenals, Army, 1942–1946, $661,905. Repair of arsenals, emergency construction, no year, $480. Acquisition of land, Panama, Army, no year, $395,593. Acquisition of land, Buchanan, Puerto Rico, no year, $8,284. Acquisition of land, Act June 26, 1940, no year, $13,254. Acquisition of land for military purpose's, national defense, no year, $360,941. Acquisition of land, San Bernardino, Kern, Los Angeles Counties, California, no year, $1,470. Acquisition of land, Ogden Ordnance Depot, Utah, no year, $60,420. Sites for military purposes, no year, $10,065. Construction of buildings, utilities, and appurtenances at military posts, no year, $12,533,633. Office buildings and appurtenances, War Department, Arlington County, Virginia, no year, $157. Buildings for United States representatives, Philippine Islands, no year, $304. Ordnance Department: Ordnance Service and Supplies, Army, 1942–1946, $201,035,000. Chemical Warfare Service: Chemical Warfare Service, Army, 1942–1946, $21,600,000. Special Service Schools: Special Service Schools, Army, 1942–1946, $382,500, and subappropriations under this head arc hereby decreased as follows: (1) Infantry School, $181,200; (2) Cavalry activities, $30,300; (3) Field Artillery activities, $130,500; and (4) Coast Artillery activities, $40,500. Armored force: Instruction in armored force activities, 1942–1946, $83,000. Seacoast defenses: Seacoast defenses, general, 1942–1946, $14,683,000, and no part of such appropriation shall be available after February 25, 1946, for the acquisition of land. Seacoast defenses, general, no year, $9,698,373. Seacoast defenses, no year, $708,225. Seacoast defenses, Insular Departments, no year, $50,456. Seacoast defenses, Panama Canal, no year, $622,470. United States Military Academy: Pay of Military Academy, 1942–1946, $126,272. Citizens’ Military Training: Military supplies and equipment for schools and colleges, 1942–1946, $6,083. National Board for Promotion of Rifle Practice, Army: Promotion of rifle practice, 1942–1946, $17,500. Inter-American Relations, War Department: Inter-American Relations, War Department, 1943–1946, $30,000. National defense activities, War Department, 1942–1946, $2,659. Office of the Secretary: Contingent expenses, War Department, 1942–1946, $1,200,000. Printing and binding, War Department, 1942–1946, $4,500,000. Emergency funds appropriated to the President: Emergency fund for the President, national defense (allotment

Post, p. 626.

to War), 1942–1946, $10,000,000. In all, title II, $1,554,490,612.

TITLE III— NAVAL ESTABLISHMENT

Office of the Secretary: Naval Research Laboratory, 1946, $57,000. Ocean and lake surveys, Navy: Fiscal year 1944, $48,925. Fiscal year 1945, $7,953. Bureau of Naval Personnel: Naval Training Station, Lake Pend Oreille, Idaho, 1944, $11,486. Naval Training Station, Port Deposit, Maryland, 1946, $50,000. Libraries, Navy, 1945, $171,373. Welfare and Recreation, Navy: Fiscal year 1945, $1,968,936. Fiscal year 1946, $2,000,000. Naval Reserve Officers’ Training Corps: Fiscal year 1944, $8,608. Fiscal year 1945, $62,595. Fiscal year 1946, $250,000. Naval prison farms and prison personnel (receipt limitation), 1944, $38. Bureau of Ships: Maintenance, Bureau of Ships: Fiscal year 1942, $3.090,591. Fiscal year 1943, $53,724,957. Fiscal year 1946, $30,000,000: Provided, That this appropriation shall be available for continuing the purposes of the appropriation “Defense installations on merchant vessels, Navy”, when such latter appropriation is exhausted. Bureau of Ordnance: Ordnance and ordnance stores, Navy: Fiscal year 1945, $205,247,233. Fiscal year 1946, $100,000,000. Bureau of Supplies and Accounts: Pay, subsistence, and transportation, Navy, 1944, $2,763,960. Pay and subsistence of naval personnel, 1946, $200,000,000. Maintenance, Bureau of Supplies and Accounts: Fiscal year 1944, $5,000,000. Fiscal year 1946, $13,657,000. Transportation of things, Navy, 1946, $125,000,000. Fuel and transportation, Navy, 1945, $20,000,000. Naval Stock Fund, $275,000,000. Bureau of Medicine and Surgery: Medical Department, Navy: Fiscal year 1944, $2,372,599. Fiscal year 1945, $7,000,000. Fiscal year 1946, $17,000,000. Bureau of Yards and Docks: Maintenance, Bureau of Yards and Docks: Fiscal year 1944, $1,500,000. Fiscal year 1945, $4,000,000. Fiscal year 1946, $100,000. Public Works, Bureau of Yards and Docks, $190,000,000, and the contractual authorization for “Public Works, Bureau of Yards and Docks”, available in the fiscal year 1946, is hereby further reduced in the sum of $5,000,000, applicable to projects within the continental limits of the United States, and neither the appropriation nor contractual authorization under this head shall be available after February 25, 1946, for the acquisition of land (other than for the authorized vessel-berthing program), except in pursuance of a specific appropriation: Provided, That the restriction on the use of the appropriation and contract authorization in the amount of $1,500,000 applying exclusively for field house at United States Naval Academy, Annapolis, Maryland, including acquisition of land and accessories as authorized by law is hereby canceled: Provided further, That the rescission of $13,657,000 in the appropriation “Maintenance, Bureau of Supplies and Accounts, 1946”, hereinbefore provided for in this Act, is hereby canceled, and such appropriation is hereby increased by $11,763,480 by transfer of such an amount from the reduction hereinbefore provided for in this Act in the “Naval Stock Fund”, instead of such amount of $11,763,480 being carried to the surplus fund and covered into the Treasury. Bureau of Aeronautics: Aviation, Navy: Fiscal year 1943, $265,000,000. Fiscal year 1943–1944, $16,000,000. Fiscal year 1944, $260,000,000. Fiscal year 1946, $190,784,500, and subappropriations under this head are hereby decreased as follows: (1) New construction and procurement of aircraft and equipment, spare parts, and so forth, from “$128,116,900” to “$94,737,200”; (2) replacement of navigational and radio equipment for aircraft in service, and so forth, from “$44,934,000” to “$34,917,200”; and (3) maintenance, repair, and operation of aircraft factory, air stations, and so forth, from “$800,374,950” to “$652,986,950” Marine Corps: General expenses, Marine Corps: Fiscal year 1944, $10,000,000. Fiscal year 1945, $10,000,000. Increase and replacement of naval vessels: Increase and replacement of naval vessels, construction and machinery, $602,491,000. Increase and replacement of naval vessels, armor, armament and ammunition, $338,848,000. Increase and replacement of naval vessels, emergency construction, $20,387,000: Provided, That the proviso in Public Law 301, Seventy-ninth Congress, approved February 16, 1946, under the head of “Increase and replacement of naval vessels, emergency construction”, is amended to the extent that combatant vessels under construction on March 1, 1946, whose percentage of construction exceeded 20 per centum on that date will be completed. Repair facilities, Navy: Repair facilities, Navy, $18,281,000. Coast Guard: Pay and allowances, Coast Guard: Fiscal year 1944, $11,816,086. Fiscal year 1945, $5,940,838. Fiscal year 1946, $7,000,000. General expenses, Coast Guard: Fiscal year 1944, $136,250. Fiscal year 1945, $48,286. Fiscal year 1946, $1,500,000. Retired pay, former Lighthouse Service, Coast Guard, 1946, $41,000. Salaries and expenses, Merchant Marine Inspection, Coast Guard, 1945, $5,985.

navy department Salaries: Salaries, Compensation Board, 1944, $109. Salaries, Bureau of Naval Personnel, 1945, $577. Salaries, Hydrographic Office: Fiscal year 1944, $65,119. Fiscal year 1945, $30,461. Salaries, Bureau of Ships, 1945, $7. Salaries, Bureau of Supplies and Accounts, 1945, $33,299. Salaries, Bureau of Yards and Docks, 1945, $153. Contingent expenses: Contingent expenses, Navy Department, 1945, $106,000. The amount which may be transferred to this appropriation from other appropriations contained in the Naval Appropriation Act, 1946, is hereby decreased from “$5,500,000” to “$4,000,000”. Printing and binding, Navy Department, 1945, $2,118,500. The amount which may be transferred to this appropriation from other appropriations contained in the Naval Appropriation Act, 1946, is hereby decreased from “$18,500,000” to “$8,500,000”. Contingent and miscellaneous expenses, Hydrographic Office: Fiscal year 1945, $52,000. Fiscal year 1946, $600,000.

transfer of appropriations Transfers of the amounts hereinafter set forth shall be made from the appropriation “Aviation, Navy, 1946,” to the following appropriations: Navy War College, 1946, $37,000; Naval Training Station, Newport, 1946, $907,000; Pay, Naval Academy, 1946, $159,000; Naval Home, 1946, $12,640; Pay, subsistence and transportation, 1943, $5,000,000; Maintenance, Bureau of Supplies and Accounts, 1943, $350,000; Maintenance, Bureau of Supplies and Accounts, 1945, $29,364,000; Fuel and transportation, Navy, 1944, $1,415,000; Salaries, Office of the Commandant, United States Coast Guard, 1946, $265,000; Civilian employees, Coast Guard, 1946, $395,000; Salaries, Merchant Marine Inspection, 1946, $72,000; In all, $37,976,640.

naval stock account and fund Effective April 1, 1946, the limitation, specified in the First Supplemental National Defense Appropriation Act of 1944, on the value of stock in the “Naval Stock Account” plus outstanding obligations under the “Naval Stock Fund” shall be reduced from $2,250,000,000 to $2,000,000,000 and thereafter said stock and obligations shall not exceed at any time said latter amount. In all, title III, $3,015,379,424.

general provisions

Settlement of accounts. War and Navy.

The War and Navy Departments are hereby relieved from reimbursing each other from the appropriations of the “Military Establishment” and the appropriations of the “Navy Department and the Naval Service” for the amounts which on the date of this Act may be owing by either Department to the other (exclusive of working fund accounts) for materials, supplies, equipment, or services furnished to either of said departments by the other, prior to September 1, 1945. The department furnishing such materials, supplies, equipment, and services shall be responsible for the expenses arising in connection with the termination of contracts or settlement of the accounts in connection therewith.

Defense aid.

The defense aid (lend-lease) appropriations made to the President are hereby relieved from reimbursing the appropriations of the “Military Establishment” and the appropriations of the “Navy Department and the Naval Service” for any amounts owing on the date of this Act to such appropriations for materials, supplies, equipment, or services which, pursuant to the authorization or direction of the former Foreign Economic Administration or the State Department, were furnished by either the War or the Navy Department to any foreign government under the provisions of the Lend-Lease Act,

Ante, p. 221; post, p. 603.

as amended: Provided, That of the reduction of $1,080,000,000 made in the appropriation “Defense aid—lend-lease” under title I of this Act, $135,000,000 shall be transferred to the credit of the appropriation “United Nations Relief and Rehabilitation Administration, 1944–1946”, instead of being carried to the surplus fund and covered into the Treasury.

Sec. 301.

This Act may be cited as the “Second Supplemental Surplus Appropriation Rescission Act, 1946”.

Approved May 27, 1946.

Parsed from the official Statutes at Large USLM XML in 60.xml