pose of this subchapter, as not separated from his civilian position because of that military service, unless he applies for and receives a lump-sum credit under this subchapter. However, the employee is deemed as not retaining his civilian position after December 31, 1956, or after the expiration of 5 years of that military service, whichever, is. later.

Recommendation: The Civil Service Commission comments:

"5 U.S.C. 8332(d)-This provision, relating to the crediting of military service of members of Congress for purposes of retirement,. should be retained without amendment for use in future national emergencies. No action is needed if the current national emergency is terminated."

The provision of 5 U.S.C. 8332 (d) should be retained without amendment as a necessary parallel provision to 5 U.S.C. 8332(g). [See separate comment on 5 U.S.C. 8332 (g).] It was not intended to, nor should it, apply to military service performed in peacetime. Consequently no action is needed to amend this law in the event the national emergency proclaimed on December 16, 1950, (Proclamation No. 2914) is terminated.

"5 U.S.C. 8332(g)—This provision, relating to the crediting of military service of Federal employees for retirement purposes, should be retained without amendment for use in future emergencies. No action is needed if the current national emergency is terminated."

The justification for 5 U.S.C. 8332 (g) is just as valid during any war or national emergency as it was during World War II. It should be retained without amendment. It was not intended to, nor should it, apply to military service performed in peacetime. Consequently, no action is needed to amend this law in the event the national emergency proclaimed on December 16, 1950, (Proclamation No. 2914) is: terminated."

The Department of Commerce concurs in this assessment.

The Department of Defense observes that this statute is currently in use and recommends that it be recast as permanently delegated authority. In the light of the Civil Service Commission's comments, supra, there would appear to be no need to amend the statute in order to meet the Defense Department's desire that it be available as an on-going power.

TITLE 7-AGRICULTURE

7 U.S.C. 1158. SUSPENSION OF QUOTA AND AUTHORIZATION PROVISIONS (a) Emergencies; duration of suspension; investigations and reports.

Whenever pursuant to the provisions of this chapter the President finds and proclaims that a national economic or other emergency exists with respect to sugar or liquid sugar, he shall by proclamation suspend the operation, except as provided in section 1117 of this title, of all the provisions of subchapter II of this chapter, and, thereafter, the operation of subchapter II of this chapter shall continue in suspense until the President finds and proclaims that the facts which occasioned such suspension no longer exist. The Secretary shall make such investigations and reports thereon to the President as may be necessary to aid him in carrying out the provisions of this section. During any period that the operation of the provisions of subchapter II of this chapter is so suspended by the President, the Secretary shall estimate for each year the amount of sugar needed to meet requirements of consumers in the United States and the amount the quota for each country would be if calculated on the basis as provided in section 1112 of this title. Notice of such estimate and quota calculation shall be published in the Federal Register. If any country fails to import into the continental United States within the quota year, an amount of sugar equal to the amount the quota would be as calculated for such country by the Secretary for such year, the quota established for such country in subsequent years under the provisions of subchapter II of this chapter shall be reduced as provided in section 1112(d) (4) of this title: Provided, That quotas for subsequent years shall not be reduced when quotas are suspended under this subsection and reestablished in the same calendar year.

(b) Discrimination in distribution of quotas or authorizations; duration of suspension; allocation of suspended quantities.

In the event the President in his discretion, determines that any foreign country having a quota or receiving any authorization under this chapter to import sugar into the United States, has been or is allocating the distribution of such quota or authorization within that country so as to discriminate against citizens of the United States, he shall suspend the quota or other authorization of that country until such time as he has received assurances, satisfactory to him, that the discrimination will not be continued. Any quantity so suspended shall be allocated in the same manner as deficits are allocated under the provisions of section 1114 of this title.

[Emphasis supplied.]

(c) Seizure of property of United States citizens; discrimination in taxation and other exactions; restrictive maintenance or operational conditions; remedial measures; duration of suspension; allocation of suspended quantities.

In any case in which a nation or political subdivision thereof has, on or after January 1, 1967, (1) nationalized, expropriated, or otherwise seized the ownership or control of the property or business enterprise owned or controlled by United States citizens or any corporation, partnership, or association not less than 50 per centum beneficially owned by United States citizens, or (2) imposed upon or enforced against such property or business so owned or controlled, discriminatory taxes or other exactions, or restrictive maintenance or operational conditions (including limiting or reducing participation in production, export, or sale of sugar to the United States under quota allocation pursuant to this chapter) not imposed or enforced with respect to the property or business enterprise of a like nature owned or operated by its own nationals or the nationals of any government other than the Government of the United States, or (3) imposed upon or enforced against such property or business enterprise so owned or controlled, discriminatory taxes or other exactions, or restrictive maintenance or operational conditions (including limiting or reducing participation in production, export, or sale of sugar to the United States under quota allocation pursuant to this chapter), or has taken other actions, which have the effect of nationalizing, expropriating or otherwise seizing ownership or control of such property or business enterprise, or (4) violated the provisions of any bilateral or multilateral international agreement to which the United States is a party, designed to protect such property or business enterprise so owned or controlled, and has failed within six months following the taking of action in any of the above categories to take appropriate and adequate steps to remedy such situation and to discharge its obligations under international law toward such citizen or entity, including the prompt payment to the owner or owners of such property or business enterprise so nationalized, expropriated or otherwise seized or to provide relief from such taxes, exactions, conditions or breaches of such international agreements, as the case may be, or to arrange, with the agreement of the parties concerned, for submitting the question in dispute to arbitration or conciliation in accordance with procedures under which final and binding decision or settlement will be reached and full payment or arrangements with the owners for such payment made within twelve months following such submission, the President may withhold or suspend all or any part of the quota under this chapter of such national, and either in addition or as an alternative, the President may, under such terms and conditions as he may prescribe, cause to be levied and collected at the port of entry an impost on any or all sugar sought to be imported into the United States from such nation in an amount not to exceed $20 per ton, such moneys to be covered in the Treasury of the United States into a special trust fund, and he shall use such fund to make payment of claims arising on or after January 1, 1961, as a result of such nationalization, expropriation, or

other type of seizure or action set forth herein, except that if such nation participates in the quota for the West Indies, the President may suspend a portion of the quota for the West Indies which is not in excess of the quantity imported from that nation during the preceding year, until he is satisfied that appropriate steps are being taken, and either in addition or as an alternative he may cause to be levied and collected an impost in an amount not to exceed $20 per ton or any or all sugar sought to be imported into the United States from such nation for the payment of claims as provided herein. Any quantity so withheld or suspended shall be allocated under section 1112(d) (1) (B) of this title. With respect to any action taken during 1961 in any of the categories set forth in this subsection, the provisions of this subsection relating to levying and collecting an impost shall apply only if the President so determines.

(Aug. 8, 1947, ch. 519, title IV, § 408, 61 Stat. 933; July 6, 1960, Pub. L. 86-592, § 3, 74 Stat. 330; Oct. 14, 1971, Pub. L. 92-138, § 17, 85 Stat. 389.)

Recommendation: The Department of Agriculture recommends that 7 U.S.C. 1158 be retained in its present form for use during a future emergency.

7 U.S.C. 1332. NATIONAL MARKETING QUOTA

(a) Proclamation; duration of program.

Whenever prior to April 15 in any calendar year the Secretary determines that the total supply of wheat in the marketing year beginning in the next succeeding calendar year will, in the absence of a marketing quota program, likely be excessive, the Secretary shall proclaim that a national marketing quota for wheat shall be in effect for such marketing year and for either the following marketing year or the following two marketing years, if the Secretary determines and declares in such proclamation that a two- or three-year marketing quota program is necessary to effectuate the policy of the chapter. (b) Amount; minimum.

If a national marketing quota for wheat has been proclaimed for any marketing year, the Secretary shall determine and proclaim the amount of the national marketing quota for such marketing year not earlier than January 1 or later than April 15 of the calendar year preceding the year in which such marketing year begins. The amount of the national marketing quota for wheat for any marketing year shall be an amount of wheat which the Secretary estimates (i) will be utilized during such marketing year for human consumption in the United States as food, food products, and beverages, composed wholly or partly of wheat, (ii) will be utilized during such marketing year in the United States for seed, (iii) will be exported either in the form of wheat or products thereof, and (iv) will be utilized during such marketing year in the United States as livestock (including poultry) feed, excluding the estimated quantity of wheat which will be utilized for such purpose as a result of the substitution of wheat for feed grains under section 1339c of this title; less (A) an amount of wheat equal to the estimated imports of wheat into the United States during such marketing year and, (B) if the stocks of

wheat owned by the Commodity Credit Corporation are determined by the Secretary to be excessive, an amount of wheat determined by the Secretary to be a desirable reduction in such marketing year in such stocks to achieve the policy of the chapter: Provided, That if the Secretary determines that the total stocks of wheat in the Nation are insufficient to assure an adequate carryover for the next succeeding marketing year, the national marketing quota otherwise determined shall be increased by the amount the Secretary determines to be necessary to assure an adequate carryover: And provided further, That the national marketing quota for wheat for any marketing year shall be not less than one billion bushels.

(c) National emergencies or material increase in demand: investigation; increase or termination.

If, after the proclamation of a national marketing quota for wheat for any marketing year, the Secretary has reason to believe that, because of a national emergency or because of a material increase in the demand for wheat, the national marketing quota should be terminated or the amount thereof increased, he shall cause an immediate investigation to be made to determine whether such action is necessary in order to meet such emergency or increase in the demand for wheat. If, on the basis of such investigation, the Secretary finds that such action is necessary, he shall immediately proclaim such finding and the amount of any such increase found by him to be necessary and thereupon such national marketing quota shall be so increased or terminated. In case any national marketing quota is increased under this subsection, the Secretary shall provide for such increase by increasing acreage allotments established under this part by a uniform percentage.

(d) Farm marketing quotas for wheat crops planted in calendar years 1966-1970

Notwithstanding any other provision of this chapter, the Secretary shall proclaim a national marketing quota for the crops of wheat planted for harvest in the calendar years 1966 through 1970, and farm marketing quotas shall not be in effect for such crops of wheat. (Feb. 16, 1938, ch. 30, title III, § 332, 52 Stat. 53; Aug. 28, 1954, ch. 10041, title III, § 307, 68 Stat. 903; Sept. 27, 1962, Pub. L. 87-703, title III, § 311, 76 Stat. 619; Nov. 3, 1965, Pub. L. 89-321, title V, § 501 (1), 79 Stat. 1199; Oct. 11, 1968, Pub. L. 90-559, § 1(1), 82 Stat. 996.)

Recommendation: The Department of Agriculture recommends that 7 U.S.C. 1332 be retained in its present form for use during a future emergency. It should be noted that the "emergency" mentioned in the statute is more related to the determination of certain exigent circumstances by the Secretary of Agriculture than it is to a "national emergency" declared by the President or Congress.

7 U.S.C. 1371. GENERAL ADJUSTMENT OF QUOTAS

(a) Investigation and adjustment to maintain normal supply. If at any time the Secretary has reason to believe that in the case of cotton, rice, peanuts, or tobacco the operation of farm marketing