Mr. FEIGHAN. No product? Mr. MARQUIS. Yes, sir. Mr. FEIGHAN. Under this statute you have the privilege of selling products, and also byproducts. Your particular argument, as I understand it, has been the fact that we have this surplus for which we have no use, consequently, we must sell that byproduct somewhere, and there is a buyer abroad? Mr. MARQUIS. Yes, sir. Mr. FEIGHAN. That is with reference to the byproduct. That does not obtain with reference to one of your primary products? Mr. MARQUIS. No, sir. We have simply assumed the term "products" was broad enough to include anything produced either as an end product or as a byproduct. Mr. FEIGHAN. You are still selling this byproduct, and in your opinion you have every expectation to continue that? Mr. MARQUIS. Certainly under the present situation, as long as we have it, yes, sir. Mr. FEIGHAN. Thank you, very much. (NOTE.-The following information was later furnished for the record :) Miss VELMA SMEDLEY, TENNESSEE VALLEY AUTHORITY, Washington 25, February 29, 1952. Assistant Chief Clerk, House Committee on the Judiciary, Room 346, House Office Building, Washington, D. C. DEAR MISS SMEDLEY: Colonel Hearn called to say that Mr. Pickett had several questions with respect to TVA's production and shipment of ferrophosphorus which he had failed to ask during the brief testimony Wednesday. At Colonel Hearn's suggestion I am sending to you on the attached page the questions as I understood them by telephone, and the answers. I am enclosing two copies, one for the record and one for Mr. Pickett. If by chance I did not understand his inquiries clearly, I hope you will be good enough to let me know. Please assure Mr. Pickett we should be glad to get any additional information which would be helpful to him. Sincerely yours, MARGUERITE OWEN, Washington Representative. 1. What quantities of ferrophosphorus are being sold abroad by TVA? Through January 31, 1952, TVA has shipped a total of approximately 19,000 tons of ferrophosphorus for use abroad. This material has contained from 18 to 22 percent phosphorus. Foreign shipments which are being made from an accumulated stockpile as well as from current production of the low-grade material are presently running at a rate of about 12,000 tons a year. 2. What quantities of the material are being sold in the United States? Through January 31, 1952, TVA has shipped a total of approximately 26,000 tons of ferrophosphorus containing 23 or more percent of phosphorus content within the United States. 3. What income has been derived from these sales? The 26,000 tons of higher grade ferrophosphorus shipped to the domestic market have resulted in a gross income to TVA of $1,520,000. For the 19,000 tons of lower grade ferrophosphorus for which there is no domestic market and which have been shipped for consumption abroad, TVA has received a gross income of $623,000. (While these figures indicate a gross in-. come on foreign sales averaging $33 a ton, sales are presently being made at prices considerably above this average.) 4. Is the operation a profitable one for TVA, The cost of handling the ferrophosphorus preparatory to sale is less than $4 per ton. The difference between the selling price and this cost is profit since the material is an inevitable byproduct of the production by TVA of elemental phosphorus for use in munitions and fertilizer. Mr. FEIGHAN. We will recess until 10 tomorrow morning in the main committee room. (Thereupon, at 12: 15 p. m., an adjournment was taken, to reconvene Thursday, February 28, 1952, at 10 a. m.) EMERGENCY POWERS CONTINUATION ACT THURSDAY, FEBRUARY 28, 1952 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 4, The subcommittee met at 10:10 a. m., in room 346, Old House Office Building, Hon. E. L. Forrester presiding. Subcommittee members present: Representatives Forrester, Pickett, and Boggs. Present also were Miss Velma Smedley, assistant chief clerk, and Cyril F. Brickfield, committee counsel. Mr. FORRESTER. I regret the fact that we have not been able to proceed promptly on the hour, but it appears that our chairman is sick; and Congressman Hillings is also away. I am advised that Congressman Boggs is expected to be here in a matter of approximately 5 minutes. I hope that is the case, but I did want to explain to you gentlemen the delay in getting started. I do not know what would be the ruling of the chairman or the majority opinion of this subcommittee; but where I am serving in the absence of our chairman, it is going to be my position that these hearings will not be conducted except at times when we have a majority of this subcommittee present. I believe this whole matter is entitled to have the consideration of at least a majority or a quorum of this subcommittee present. I thought that I might explain that to you gentlemen now, and I hope you will agree with me on that. I hope that is going to be the established policy of this subcommittee. Mr. PICKETT. I might add just one word to what Mr. Forrester has said. We do not know for sure that Mr. Hillings will be available to us tomorrow, but we think that conditions are such that he will be here. Mr. FORRESTER. Now that Mr. Boggs has come in, the subcommittee will proceed. We will take up where we left off on yesterday. Mr. Burrus, what is your pleasure at this time? Mr. BURRUS. The next item we would like to take up is at the top of page 15 of House Document 368. It is 1 (a) (9) in the bill, item 107; and the item authorizes the President in time of war to declare the commissioned corps of the Public Health Service to be a military service and to carry with it full military benefits with that, including certain uniform allowances of $250. The termination of this authority would hamper the ability of the service to recruit and retain officers; and it is felt that since military status imposes such obligations as authority to transfer commissioned officers without their consent, it ought to carry the military benefits also. Dr. Eugene Gillis is here to explain that to the committee and answer any questions. Dr. Gillis. Mr. FORRESTER. We will be glad to hear from Dr. Gillis. STATEMENT OF DR. EUGENE GILLIS, PUBLIC HEALTH SERVICE, ACCOMPANIED BY ROBERT JOHNSTON Dr. GILLIS. I am Dr. Eugene Gillis of the Office of The Surgeon General, United States Public Health Service. Mr. Chairman, as has been pointed out, this authority under the Executive order which was effective July 29, 1945, does give us the power to refuse resignations. At the present time we are obliged to transfer people to posts which they are not always extremely enthusiastic about, and would resign if they were so allowed. For example, at the present time we are assigning a considerable number of officers overseas to the Mutual Security Agency which is operating in southeast Asia. We are assigning officers to the Technical Cooperation Administration, point 4, which is operating mostly in the Near East. We are assigning officers to the Office of Inter-American Affairs, which operates in Central America and South America. Of course, these posts are not the most desirable for the officers and their dependents, and often there are separations from their families because of the particular posts. We also are assigning a considerable number of officers to the United States Coast Guard; and, as you know, a great many folks do not like being at sea because of seasickness and so forth. So it is necessary to order people to such duties. Mr. FORRESTER. İs that all of your statement, sir? Dr. GILLIS. On that particular section, section 216; and section 212 is closely related to section 216 Mr. FORRESTER. Where are sections 216 and 212 in this report that we have? Dr. GILLIS. They are under 1 (a) (9), item 107, on page 15. In the United States Code they are sections 213 and 217 of title 42. However, in the basic Public Health Service Act they are sections 212 and 216. Mr. FORRESTER. Are those statements short, or are they long? Dr. GILLIS. They are relatively short, yes, sir. Mr. FORRESTER. Do you have those? Mr. BURRUS. Yes, I think we do. Dr. GILLIS. I have them right here, sir: Section 212 (a)— For the purposes of this section-(1) the term "full military benefits" means all rights, privileges, immunities, and benefits provided under any law of the United States in the case of commissioned officers of the Army (including their surviving beneficiaries) on account of active military service, including, but not limited to, burial payments in the event of death, 6 months' pay in case of death, veterans' compensation and pension and other veterans' benefits, the rights provided under the Soldiers' and Sailors' Civil Relief Act, as amended, and under the National Service Life Insurance Act, as amended, travel allowances, including per diem allowances for travel without regard to repeated travel between two or more places in the same vicinity, exemption from payment of postage on mail, exemption of certain pay from Federal income taxation, and other benefits, privileges and exceptions under the internal-revenue laws; excluding, however, retired pay, uniform allowances, the right to be awarded military ribbons, medals, and decorations, and the benefits of the Mustering-out Payment |