Page:United States Statutes at Large Volume 56 Part 1.djvu/414

 PUBLIC LAWS--CH. 443-JUNE 23, 1942 "Parent" Provisos. Limitation and pref- erence. " Brother" and "sister." Limitation of terms. "Pay" and "base pay. " "Man" and "en- listed man." Ante, p. 381. Persons excluded. "Department con- cerned." Selective Training and Service Act of 1940, anendments. 51 Stat. 888. 50U. .C.,Supp.I, app. § 305 (e). Deferments. Persons in essential industry, etc. 54 Stat. 893. 50 U. S. C., app. § 310 (a) (2). Persons with de- pendents. Persons deficient or defective. Family allowances. Consideration in de- termining deferment. enlisted man has stood in loco parentis for a period of not less than one year prior to his enlistment or induction. (e) The term "parent" includes father and mother, grand- father and grandmother, stepfather and stepmother, father and mother through adoption, either of the person in the service or of the spouse, and persons who, for a period of not less than one year prior to the man's enlistment or induction, stood in loco parentis to the man concerned: Provided, That not more than two within those named therein may be designated to receive an allowance, and in the absence of a designation by the enlisted man preference shall be given to the parent, or parents not exceeding two, who actually exercised parental relationship at the time of or most nearly prior to the date of the enlisted man's entrance into active service: Provided further, That if such parent or parents be not dependent or waive an allowance, preference may be extended to others within the class who at a more remote time actually supported the enlisted man prior to entrance into service. (f) The terms "brother" and "sister" include brothers and sis- ters of the half blood as well as those of the whole blood, step- brothers and stepsisters, and brothers and sisters through adoption. (g) The terms "child", "grandchild", "brother", and "sister" are limited to unmarried persons either (1) under eighteen years of age, or (2) of any age, if incapable of self-support by reason of mental or physical defect. (h) The terms "pay" and "base pay" means base pay and longevity pay only. (i) The terms "man" and "enlisted man" mean any enlisted individual of the fourth, fifth, sixth, or seventh grade in any of the services mentioned in section 101 of this Act, but does not include any member of the Limited Service Marine Corps Reserve, the Philippine Army, the Philippine Scouts, the insular force of the Navy, the Samoan native guard or band of the Navy, or the Samoan reserve force of the Marine Corps. (j) The term "department concerned" means the War Depart- ment or the Navy Department, whichever may be the appropriate one in the particular case. TITLE II SEC. 201. (a) Paragraph (1) of section 5 (e) of the Selective Train- ing and Service Act of 1940, as amended, is amended to read as follows: "(1) The President is authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service under this Act in the land and naval forces of the United States of any or all categories of those men whose employment in industry, agriculture or other occupations or employment, or whose activity in other endeavors, is found in accordance with section 10 (a) (2) to be necessary to the maintenance of the national health, safety, or interest. The President is also authorized, under such rules and regulations as he may prescribe, to provide for the deferment from training and service under this Act in the land and naval forces of the United States (1) of any or all categories of those men in a status with respect to persons dependent upon them for support which renders their deferment advisable, and (2) of any or all categories of those men found to be physically, mentally, or morally deficient or defective. For the purpose of determining whether or not the defer- ment of men is advisable because of their status with respect to persons dependent upon them for support, any payments of allowances 386 [56 STAT.

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