Hon. Luther A. Johnson, Member of Congress from the State of Texas__ 28–29 Brig. Gen. Lewis B. Hershey, Acting Director, Selective Service Com- III AMENDING THE SELECTIVE TRAINING AND SERVICE ACT OF 1940 TUESDAY, JUNE 10, 1941 HOUSE OF REPRESENTATIVES, Washington, D. C. The committee met at 10:30 a. m., Hon. Andrew J. May (chairman) presiding. The CHAIRMAN. The committee will please be in order. Let me make a brief statement in explanation of the purpose of this meeting. On the 3d day of June, by request of the War Department, I introduced H. R. 4949, a bill to authorize the President of the United States to requisition certain property for the use of or disposition by the United States. On April 1 it seems that Mr. Vinson of Georgia, introduced H. R. 4257, to amend the Selective Training and Service Act of 1940, and some weeks ago there was a bill similar in nature introduced by Mr. Johnson, H. R. 4989, copies of each of which are as follows: [H. R. 4949, 77th Cong., 1st sess.] A BILL To authorize the President of the United States to requisition certain property for the use of or disposition by the United States Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, during any period of national emergency proclaimed by the President, the President is authorized, when he deems it in the interest of national defense, (a) to requisition and take over, either temporarily or permanently, property of any kind or character, whether real or personal, tangible or intangible, or any part thereof, or any right or interest therein or with respect thereto, whether by virtue of contract, patent, license, or otherwise, which itself or through its exercise or control can be used or is adaptable for use directly or indirectly in any way for national defense or in the construction, manufacture, production, transportation, repair, testing, or storage of military or naval supplies or other articles, commodities, materials, machinery, or equipment for national defense; and (b) to use and, on such terms as he shall deem satisfactory, to sell or otherwise dispose of, either temporarily or permanently, any property, right, or interest requisitioned or taken over pursuant to the provisions of this Act. SEC. 2. Whenever the President shall requisition and take over any property pursuant to the provisions of this Act, the person or persons having any right, title, or interest therein shall be paid as compensation therefor such sum as the President shall determine to be fair and just. If any such person or persons entitled to receive it are unwilling to accept as full and complete compensation for such property the sum so determined by the President, such person or persons shall be paid 75 per centum of the sum so determined by the President and shall be entitled to sue the United States for such additional sum as when added to the sum already received shall be determined as fair and just compensation for such property in the manner provided for by section 1 24, paragraph 20, and section 145 of the Judicial Code (U. S. C., title 28, sec. 41, par. 20, and sec. 250), but no recovery shall be allowed against the United States in any such action unless the action be brought within two years after the date on which notice shall have been given of the determination by the President of the amount to be paid as compensation. SEC. 3. Appropriations available for the acquisition of property for nationaldefense purposes shall be available for the acquisition of such property under the provisions of this Act; and any moneys receved by the United States as the proceeds of any disposition of any property sold or disposed of pursuant hereto shall be deposited to the credit of the current appropriations corresponding to that out of which was paid the cost to the United States of the property thus disposed of, and the same shall immediately become available for expenditure during the fiscal year in which the disposition was effected and the fiscal year next following for the purposes named in such current appropriation. SEC. 4. The President may, from time to time, promulgate such rules and regulations and is empowered to require such information as may be necessary and proper to carry out any of the provisions of this Act, and he may exercise any power or authority conferred on him by this Act through such department, agency, board, or officer as he shall direct or appoint. SEC. 5. The provisions of this Act shall be effective notwithstanding the provisions of any other Act: Provided, however, That this Act shall not be construed as repealing, altering, or amending any provisions of Acts authorizing the acquisition of property by the United States, but shall be construed and considered as an additional grant of authority. [H. R. 4257, 77th Cong., 1st sess.] A BILL To amend the Selective Training and Service Act of 1940 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Selective Training and Service Act of 1940 is hereby amended as follows: (a) Renumber section 9 to read "9 (a)." (b) Insert, as section 9 (b), the following: "Whenever deemed by the President to be in the best interest of the national defense during the national emergency, declared by the President on September 8, 1939, to exist, the President is empowered, through the head of the War Department or the head of the Navy Department, or any other Government agency named by the President, to take immediate possession of and operate by Government personnel, or otherwise, any plant equipped, or in the opinion of the Secretary of War or the Secretary of the Navy capable of being readily transformed into a plant equipped, for the manufacture, construction, repair, alteration, or storage of arms, ammunition, ships, aircraft, supplies, equipment, or other articles, products, or facilities which may be required for the national defense or be useful in connection therewith, if the President shall find, after examination and recommendation by the Secretary of War or the Secretary of the Navy that an existing or threatened failure of production at such plant is such as to interfere with or hamper, impede, or delay the national defense. This authority shall be in addition to and not in lieu of any other authority vested in the President.” [H. R. 4989, 77th Cong., 1st sess.] A BILL Relating to the use and operation by the United States of certain plants in the interests of the national defense Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 9 of the Selective Training and Service Act of 1940 is hereby amended by adding at the end thereof the following new paragraph: "The power of the President under the foregoing provisions of this section to take immediate possession of any plant upon a failure to comply with any such provisions, and the authority granted by this section for the use and operation by the United States of any plant of which possession is so taken, shall also apply as hereinafter provided (1) to any plant equipped for the manufacture of any articles or materials which may be required for the national defense or which may be useful in connection therewith, and (2) to any plant which, in the opinion of the Secretary of War or the Secretary of the Navy, is capable of being readily transformed into a plant equipped for the manufacture of any such articles or materials. Such power and authority may be exercised with respect to any such plant during the existence of the national emergency declared by the President on September 8, 1939, or in time of war in which the United States is engaged, whenever the President finds, after investigation, that the naional-defense program will be impeded or delayed by an existing or threatened failure of production at such plant as a result of a strike or other labor disturbance or other cause, and that the exercise of such power and authority is necessary or desirable in the public interest." I referred all of those bills to the legislative subcommittee of the House Military Committee having jurisdiction, the committee being headed by Mr. Faddis. That committee, I think, has had a conference. They were directed in the reference to report back to the whole committee in writing a recommendation as to what amendments or what proposed amendments to the Selective Service and Training Act should be considered by the whole committee for hearing. At the time I introduced H. R. 4949 I anticipated that we would take up for hearing these various bills substituting amendments to the Selective Service and Training Act, but the War Department seemed to be anxious for early consideration of the bill which I have introduced. Yesterday Judge Patterson called me on the telephone and requested that I give him an opportunity to testify in relation to the Vinson bill, H. R. 4257. The judge is here this morning, and I will ask him to come around and I will say to you, Mr. Secretary, that you can make a statement in reference to the Vinson bill or as to all of these bills, or any of the bills that you desire to talk about. Mr. FADDIS. Mr. Chairman, may I make an inquiry? The CHAIRMAN. Yes. Mr. FADDIS. What has become of the hearing on this H. R. 4949? The CHAIRMAN. The Chair expects to take into consideration all of the bills relating to the Selective Service and Training Act, as well as H. R. 4949, which I introduced on June 3, and in executive session the special legislative committee that has considered these matters will be asked to make their recommendation when we get through with the hearing on all of the others. Mr. FADDIS. Well, Mr. Chairman, the subcommittee No. 3 met yesterday. We were under the impression at that time-we had been led to believe had been informed, in fact, that the hearing today would be on H. R. 4949, and not on the bills relating to amendments to the Selective Service Act, so the members of that committee proceeded yesterday on the information they had, and we are not prepared this morning to make that report. The CHAIRMAN. I am not asking for a report this morning. I am conducting the hearing on these bills and you will be given an opportunity to make that report whenever you desire when we are in executive session. Then we will decide what to do with respect to all these bills. Nobody will be foreclosed, and they will all be considered together. Mr. THOMASON. Isn't this the situation? You are in effect having a hearing on H. R. 4949, but you are going to permit the Secretary, if |