TERMINATION OF ACT SEC. 10. Except as to offenses committed prior to such date, the provisions of this Act and the amendments made by this Act shall cease to be effective at the end of six months following the termination of hostilities in the present war, as proclaimed by the President, or upon the date (prior to the date of such proclamation) of the passage of a concurrent resolution of the two Houses of Congress stating that such provisions and amendments shall cease to be effective. SEPARABILITY SEC. 11. If any provision of this Act or of any amendment made by this Act, or the application of such provision to any person or circumstance, is held invalid, the remainder of the Act and of such amendments, and the application of such provision to other persons or circumstances, shall not be affected thereby. SAM RAYBURN Speaker of the House of Representatives. Vice President of the United States and IN THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES, June 25, 1943. The House of Representatives having proceeded to reconsider the bill (S. 796) entitled "An Act relating to the use and operation by the United States of certain plants, mines, and facilities in the prosecution of the war, and preventing strikes, lock-outs, and stoppages of production, and for other purposes", returned by the President of the United States with his objections, to the Senate, in which it originated, and passed by the Senate on reconsideration of the same, it was Resolved, That the said bill pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: SOUTH TRIMBLE Clerk. I certify that this Act originated in the Senate. EDWIN A. HALSEY Secretary. IN THE SENATE OF THE UNITED STATES, The Senate having proceeded to reconsider the bill (S. 796) entitled "An Act relating to the use and operation by the United States of certain plants, mines, and facilities in the prosecution of the war, and preventing strikes, lock-outs, and stoppages of production, and for other purposes", returned by the President of the United States with his objections, to the Senate of the United States, in which it originated, it was Resolved, That the said bill pass, two-thirds of the Senate having voted in the affirmative. Attest: 76573 O-61-29 EDWIN A. HALSEX Secretary. [PUBLIC LAW 112-78TH CONGRESS] [CHAPTER 189-1ST SESSION] [S. 1026] AN ACT To provide for the settlement of claims for damage to or loss or destruction of property or personal injury or death caused by military personnel or civilian employees, or otherwise incident to activities, of the War Department or of the Army. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War, and, subject to appeal to the Secretary of War, such other officer or officers as he may designate for such purposes and under such regulations as he may prescribe, are hereby authorized to consider, ascertain, adjust, determine, settle and pay in an amount not in excess of $500, or in time of war not in excess of $1,000, where accepted by the claimant in full satisfaction and final settlement, any claim against the United States arising on or after May 27, 1941, when such claim is substantiated in such manner as the Secretary of War may by regulation prescribe, for damage to or loss or destruction of property, real or personal, or for personal injury or death, caused by military personnel or civilian employees of the War Department or of the Army while acting within the scope of their employment, or otherwise incident to noncombat activities of the War Department or of the Army, including claims for damage to or loss or destruction, by criminal acts, of registered or insured mail while in the possession of the military authorities, claims for damage to or loss or destruction of personal property bailed to the Government and claims for damages to real property incident to the use and occupancy thereof, whether under a lease, express or implied, or otherwise: Provided, That the damage to or loss or destruction of property, or the personal injury or death, shall not have been caused in whole or in part by any negligence or wrongful act on the part of the claimant, his agent, or employee. No claim shall be settled under this Act unless presented in writing within one year after the accident or incident out of which such claim arises shall have occurred: Provided, That if such accident or incident occurs in time of war, or if war intervenes within one year after its occurrence, any claim may on good cause shown be presented within one year after peace is established. The amount allowed on account of personal injury or death shall be limited to reasonable medical, hospital, and burial expenses actually incurred, except that no payment shall be made to any claimant in reimbursement for medical or hospital services furnished at the expense of the United States nor, in the case of burial, of such portion of the expense thereof as may be otherwise paid by the United States. Any such settlement made by the Secretary of War, or his designee, under the authority of this Act and such regulations as he may prescribe hereunder, shall be final and conclusive for all purposes, notwithstanding any other provision of law to the contrary. The provisions of this Act shall not be applicable to claims arising in foreign countries or possessions thereof which are cognizable under the provisions of the Act of Janu ary 2, 1942 (55 Stat. 880; 31 U. S. C. 224d), as amended, or to claims for damage to or loss or destruction of property of military personnel or civilian employees of the War Department or of the Army, or for personal injury or death of such persons, if such damage, loss, destruction, injury, or death occurs incident to their service. The Secretary of War may report such claims as exceed $500, or in time of war $1,000, to Congress for its consideration. SEC. 2. Such appropriations as may be required for the settlement of claims under the provisions of this Act are hereby authorized. Appropriations available to the War Department for the settlement of claims under the provisions of other laws shall be available for the settlement of claims of the same character under the provisions of this Act. SEC. 3. That portion of section 1 of the Act of August 24, 1912 (37 Stat. 586), reading as follows: "Provided, That hereafter the Secretary of War is authorized to consider, ascertain, adjust, and determine the amounts due on all claims for damages to and loss of private property when the amount of the claim does not exceed the sum of one thousand dollars, occasioned by heavy gun fire and target practice of troops, and for damages to vessels, wharves, and other private property, found to be due to maneuvers or other military operations for which the Government is responsible, and report the amounts so ascertained and determined to be due the claimants to Congress at each session thereof through the Treasury Department for payment as legal claims out of appropriations that may be made by Congress therefor.", is hereby repealed. SEC. 4. The Act of December 28, 1922 (42 Stat. 1066; 31 U. S. C. 215-217), shall hereafter be inapplicable to the War Department. SEC. 5. Section 4 of the River and Harbor Act, approved June 25, 1910 (36 Stat. 676), as amended by the Act of June 5, 1920 (41 Stat. 1015; 33 U. S. C. 564), is hereby repealed. SEC. 6. The Act of March 3, 1885 (23 Stat. 350), as amended by the Act of July 9, 1918 (40 Stat. 880), and by the Act of March 4, 1921 (41 Stat. 1436), is hereby amended by adding, after section 5, the following sections: "SEC. 5a. Any authorization or direction in this Act to the Secretary of War, and any reference herein to a decision, declaration, or other action by the Secretary of War, shall include authorization or direction to, and action by, as the case may be, such other officer or officers as he may designate for such purposes, acting under such regulations as he may prescribe. Any settlement made by the Secretary of War, or his designee, under the authority of this Act, under such regulations as he may prescribe, shall be final and conclusive for all purposes, notwithstanding any other provisions of law to the contrary. "SEC. 5b. The provisions of this Act shall be applicable also to civilian personnel and civilian employees of the War Department or of the Army, including such personnel and employees engaged on civil works." SEC. 7. The Act of February 13, 1936 (49 Stat. 1138; 31 U. S. C. 224a), shall hereafter be inapplicable to acts of officers, enlisted men, and employees of the Army and officers, employees, or agents of the War Department. Approved July 3, 1943. (EXTRACT) [PUBLIO LAW 135-78TH CONGRESS] [CHAPTER 221-18T SESSION] [H. R. 2935] AN ACT Making appropriations for the Department of Labor, the Federal Security Agency, and related independent agencies, for the fiscal year ending June 30, 1944, 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 following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Labor, the Federal Security Agency, and related independent agencies, for the fiscal year ending June 30, 1944, namely: Salaries and expenses (national defense): For all expenses necessary to enable the National Labor Relations Board to perform the duties imposed upon it by law or in pursuance of law in connection with disputes involving labor in industries under the national defense program, including personal services in the District of Columbia and elsewhere, and other items otherwise properly chargeable to appropriations of the National Labor Relations Board for miscellaneous expenses and printing and binding, $600,000. No part of the funds appropriated in this title shall be used in any way in connection with a complaint case arising over an agreement between management and labor which has been in existence for three months or longer without complaint being filed: Provided, That, hereafter, notice of such agreement shall have been posted in the plant affected for said period of three months, said notice containing information as to the location at an accessible place of such agreement where said agreement shall be open for inspection by any interested person. This title may be cited as the "National Labor Relations Board Appropriation Act, 1944". Approved July 12, 1943. (438) |