but no individual shall be subject to prosecution and punishment or to any penalty or forfeiture for or on account of any transaction, matter, or thing concerning which he is compelled to testify or produce evidence, documentary or otherwise. after having claimed his privilege against self-incrimination, except that any such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying. Such agency or the Chairman of the War Production Board shall not publish or disclose any information obtained under this title which such agency or the Chairman of the War Production Board deems confidential or with reference to which a request for confidential treatment is made by the person furnishing such information, unless such agency or the Chairman of the War Production Board determines that the withholding thereof is contrary to the interest of the national defense and security; and anyone violating this provision shall be guilty of a felony and upon conviction thereof shall be fined not exceeding $1,000, or be imprisoned not exceeding two years, or both.

SEC. 1303. In case of contempt by, or refusal to obey a subpena issued to, any person, any agency acting hereunder, or the Chairman of the War Production Board, as the case may be, may invoke the aid of any court of the United States within the jurisdiction of which any investigation or proceeding under this title is carried on, or where such person resides or carries on business, in requiring the attendance and testimony of witnesses and the production of books, records, or other documentary or physical evidence. And such court may issue an order requiring such person to give testimony or produce any books, records, or other documentary or physical evidence touching the matter under investigation or in question; and any failure to obey such order of the court may be punished by such court as contempt thereof. All process in any such case may be served it the judicial district whereof such person is an inhabitant or wherever he may be found. Any person who shall, without just cause, fail or refuse to attend and testify or to answer any lawful inquiry or to produce books, records, or other documentary or physical evidence, if in his power to do so, in obedience to the subpena of any agency acting hereunder, or the Chairman of the War Production Board, as the case may be, shall be guilty of a misdemeanor, and, upon convietion, shall be subject to a fine of not more than $5,000, or to imprisonment for a term of not more than one year, or both.

SEC. 1304. For purposes of this title the term "person" shall include any individual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not.

TITLE XIV-UTILIZATION OF VITAL WAR INFORMATION

SEC. 1401. The Secretary of Commerce shall, at the direction of the President, and subject to such regulations as the President may issue, make such specia' investigations and reports of census or statistical matters as may be needed in connection with the conduct of the war, and, in carrying out the purpose of this section, dispense with or curtail any regular census or statistical work of the Department of Commerce, or of any bureau or division thereof. Any persol who shall refuse or willfully neglect to answer any questions in connection with any special investigations made under this section, or who shall willfully give answers that are false, shall upon conviction thereof be fined not exceeding $50 or imprisoned for a period of not exceeding sixty days, or both.

SEC. 1402. That notwithstanding any other provision of law, any record, sched ule, report, or return, or any information or data contained therein, now or here after in the possession of the Department of Commerce, or any bureau or division thereof, may be made available by the Secretary of Commerce to any branch er agency of the Government, the head of which shall have made written request therefor for use in connection with the conduct of the war. The President shal issue regulations with respect to the making available of any such record, schednie report, return, information or data, and with respect to the use thereof after the same has been made available. No person shall disclose or make use of any indi vidual record, schedule, report, or return, or any information or data containe! therein contrary to the terms of such regulations; and any person knowingly and willfully violating this provision shall be guilty of a felony and upon conviction thereof shall be fined not exceeding $1,000, or be imprisoned not exceeding two years, or both.

SEC. 1403. For purposes of this title the term "person" shall include any indi vidual, partnership, association, business trust, corporation, or any organized group of persons, whether incorporated or not.

TITLE XV-TIME LIMIT AND SHORT TITLE

SEC. 1501. Titles I to IX, inclusive, and titles XI and XIV of this Act, and the amendments to existing law made by any such title, shall remain in force only until December 31, 1944, or until such earlier time as the Congress by concurrent resolution, or the President, may designate, and after such amendments cease to be in force any provision of law amended thereby shall be in full force and effect as though this Act had not been enacted; but no court proceedings brought under any such title shall abate by reason of the termination hereunder of such title.

SEC. 1502. This Act may be cited as the "Second War Powers Act, 1942”.
Approved, March 27, 1942, 3 p. m. Eastern War Time.

[PUBLIC LAW 580-77TH CONGRESS]

[CHAPTER 340-2D SESSION]

[H. R. 4476]

AN ACT

Providing for sundry matters affecting the Military Establishment

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of War be, and hereby is, authorized out of any moneys available for the War Department to provide for entertainment and instruction in connection with the welfare of enlisted personnel; to provide for the employment of internes who are graduates of or have successfully completed at least four years' professional training in reputable schools of medicine or osteopathy in the Medical Department, at not to exceed $720 per annum.

SEO. 2. That all provisions of existing law limiting the strength of any branch of the Army, the number of aviation cadets in the Army Air Corps, the number of assistant superintendents of the Army Nurse Corps, the number and grade of reserve officers who may be ordered to extended active duty and the number of officers of the Army who may be required to participate regularly and frequently in aerial flights are hereby suspended.

SEC. 3. (a) That the Secretary of War is hereby authorized to effect appointments of civilian employees in the United States, or to effect the transfer of such employees in the Federal Service in the United States, for duty at any point outside the continental limits of the United States or in Alaska at which it may be found necessary to assign such civilian employees, and to pay the costs of transportation of such employees from the place of engagement in the United States, or from the present post of duty in the United States or in Alaska, if already in the Federal Service, to the post of duty outside the United States and return upon relief therefrom, and to provide for the shipment of personal effects of persons so appointed or transferred from the place of engagement or transfer to the post of duty outside the continental United States or in Alaska and return upon relief therefrom.

(b) When civilian employees are on duty at places designated by the Secretary of War as within zones from which their dependents should be evacuated for military reasons, or upon transfer or assignment to duty of such civilian employees to places where their dependents are not for military reasons permitted to accompany them, their dependents and household effects may be moved at Government expense under such regulations as the Secretary of War may prescribe, to such locations as may be designated by the employee concerned and later from such locations to a duty station to which the employee is assigned and at which the above restrictions do not apply: Provided, That the provisions of this subsection shall be applicable to travel performed by dependents and household effects moved on and after December 8, 1941.

(c) When civilian employees are assigned to temporary duty away from their permanent station on orders which do not provide for return to the permanent station, or which do not specify or imply any limit to the period of absence from the permanent station, their dependents and household effects may be moved at Government expense, under such regulations as the Secretary of War may pre

scribe, to such location in the United States as may be designated by the employee concerned and later from such location to a permanent duty station to which the employee is assigned, subject to such regulations as the Secretary of War may prescribe regarding the shipment of dependents into specified zones: Provided. That the provisions of this subsection shall be applicable to travel performed by dependents and household effects moved on and after December 8, 1941.

SEC. 4. (a) That any funds available for the payment of travel allowances and travel in kind, shall be available for the payment of such allowances as are now or may hereafter be authorized for dependents of personnel of the Regular Army, for travel of dependents of personnel of corresponding grades in the Army of the United States while in the service of the United States, and from home to first station and from last station to home when ordered to or relieved from active duty: Provided, That the provisions of this subsection shall be applicable to travel performed by dependents on and after September 8, 1939.

(b) When such military personnel are on duty at places designated by the Secretary of War as within zones from which their dependents should be evacuated for military reasons, or upon transfer or assignment to duty of such military personnel to places where their dependents are not, for military reasons, permitted to accompany them or where Government quarters for their dependents are not available, dependents for whom travel allowances and travel in kind is authorized, and household effects which are authorized to be moved at Government expense, may be moved at Government expense to such locations as may be designated by the officer, warrant officer, or enlisted man concerned and later from such locations to a duty station to which such officer, warrant officer, or enlisted man may be assigned and at which the above restrictions do not apply: Provided, That the provisions of this subsection shall be applicable to travel performed by dependents and household effects moved on and after December 8, 1941.

(c) When such military personnel are assigned to temporary duty away from their permanent station on orders which do not provide for return to the permanent station, or which do not specify or imply any limit to the period of absence from the permanent station, dependents for whom travel allowances and travel in kind are authorized, and household effects which are authorized to be moved at Government expense on permanent change of station, may be moved at Gov. ernment expense to such location in the United States as may be designated by the officer, warrant officer, or enlisted man concerned and later from such location to a permanent duty station to which the officer, warrant officer, or enlisted man is assigned, subject to such regulations as the Secretary of War may prescribe regarding the shipment of dependents into specified zones: Provided, That the provisions of this subsection shall be applicable to travel performed by dependents and household effects moved on and after December 8, 1941.

(d) Officers, warrant officers, and enlisted men of the Army of the United States, now in the active Federal service, for whom transportation of household effects is authorized, may elect to have such household effects moved at Government expense from their permanent station to any point in the United States, for storage at their own expense for the duration of the wars in which the United States is now engaged. After the termination of such wars such household effects may be moved from the point to which originally shipped to any permanent duty stations to which the officers, warrant officers, or enlisted men may be assigned.

SEC. 5. That any funds available for the transportation of baggage, house hold effects and goods, shall be available for the transportation, packing, crating, and unpacking of such baggage, household effects and goods, in the manner and under such conditions of service of military and civilian personnel as the Secretary of War may prescribe and designate by regulations.

SEC. 6. That any funds available for Army transportation shall be available for the lease from the Maritime Commission and War Shipping Administration or others of boats and other vessels.

SEC. 7. That any funds available for construction of buildings, utilities, and appurtenances at military posts shall be available with the approval of the Secretary of War for the purposes specified by existing law and in appropriation Acts, including the acquisition of land, rights pertaining thereto, leasehold and other interests therein, and temporary use thereof, without regard to the provisions of sections 1136 and 3648, Revised Statutes, as amended (10 U. S. C. 1339:31 U. S. C. 529), and the land and interests therein, including the temporary use thereof, may be acquired and construction may be prosecuted thereon

prior to the approval of the title by the Attorney General as required by section 355 of the Revised Statutes, as amended.

SEC. 8. That the fixed fee to be paid the contractor as the result of any contract for public works entered into on or after September 9, 1940, for the construction and installation of buildings, utilities, and appurtenances at military posts shall not exceed 6 per centum of the estimated cost of the contract, exclusive of the fee, as determined by the Secretary of War.

SEC. 9. That the provisions of the Act to facilitate the procurement of aircraft for the national defense, approved March 5, 1940 (Public, Numbered 426, Seventy-sixth Congress), as amended by section 401 of the Second Revenue Act of 1940, approved October 8, 1940 (Public, Numbered 801, Seventy-sixth Cangress), shall be effective during the period prescribed in section 16 of this Act. SEC. 10. That any funds available for the Engineer Service, Army, in addition to the purposes for which available under existing law or appropriations, shall be available for expenses of operation of one railroad not more than one hundred miles in length, including purchase or lease of equipment and materials and the acquisition of lands, rights-of-way thereon, and other interests therein and temporary use thereof.

SEC. 11. That any funds available for military construction, defense installations, in addition to the purposes for which available under existing law or appropriations, shall be available for the acquisition of leasehold and other interests in land, and the temporary use thereof, without regard to sections 1136 and 3734, Revised Statutes, as amended (10 U. S. C. 1339; 40 U. S. C. 267), and the land, and interests therein, including the temporary use thereof, may be acquired and construction may be prosecuted thereon prior to the approval of the title by the Attorney General as required by section 355 of the Revised Statutes, as amended (40 U. S. C. 255) and shall remain available for such purposes during the period prescribed in section 16 of this Act.

SEC. 12. That when deemed by the Secretary of War to be advantageous to the national defense, and if in his opinion the existing facilities of the War Department are inadequate, he is hereby authorized to employ, by contract or otherwise, without reference to section 3709, Revised Statutes, and at such rates of compensation as he may determine, architectural, engineering, technical, or professional corporations, firms, or individuals for the production of plans and specifications required for any War Department project, and for the supervision of its accomplishment.

SEC. 13. That the provisions of section 1 (a) and 1 (b) of the Act entitled "An Act to expedite the strengthening of the national defense," approved July 2, 1940 (Public, Numbered 703, Seventy-sixth Congress), are hereby continued in effect and made applicable to moneys appropriated for the War Department for national defense purposes during the period prescribed in section 16 of this Act.

SEC. 14. All existing limitations with respect to the number of serviceable airplanes, airships, and free and captive balloons that may be equipped and maintained are suspended.

SEC. 15. Except as provided in section 8 of this Act, nothing in this Act shall be effective to limit or affect any power or authority granted or conferred by the First War Powers Act, 1941, or the Second War Powers Act, 1942.

SEC. 16. The provisions of this Act shall remain in force during the continuance of the present war and for six months after the termination of the war, or intil such earlier time as the Congress by concurrent resolution or the Presilent by proclamation may designate.

Approved, June 5, 1942.

The CHAIRMAN. We have with us this morning, gentlemen, Col. John J. O'Brien of the office of the Chief of Engineers.

He will give us more information with regard to the proposed legisation.

Colonel O'Brien.

STATEMENT OF COL. JOHN J. O'BRIEN, OFFICE, CHIEF OF

ENGINEERS, WAR DEPARTMENT

Colonel O'BRIEN. As indicated in the letter of the Secretary of War, he general purpose of the bill is to authorize the Secretary of War to

88176-43- -3

dispose of real property by sale, exchange, transfer, or other means ir furtherance of the national war effort.

At the present time, as you gentlemen know, there are many various. miscellaneous, and mostly unrelated acts which authorize the Secretary of War in certain instances to lease, sell, exchange, or dispose of real estate. Some of those are limited as to type. For instance, the origina act, the War Powers Act of 1940, authorized the sale, exchange, or other disposal of real estate in connection with a limited class of prop

erty.

Öther acts were limited to the width of the right-of-way, and other acts specified that exchanges can be had with, say, certain departments. Now these acts are proving insufficient in many instances, and the purpose of this bill is to broaden the power of the Secretary and to fill in the gaps where, at the present time, we are having considerable difficulty.

You undoubtedly recall the number of times we have been here in the last couple of years to secure specific acts for anything from a little power line to some exchange of a few acres with an owner.

If we could grant a right-of-way or effect an exchange, we would eliminate in many cases, first, the need for legislation and, secondly, the time-consuming delay in getting on with the project.

Under the act of 1940, which I have already mentioned, the Secretary is authorized, in connection with ordnance, storage, and related facilities, to dispose of lands in any method that we require, and insofar as that type of war property is concerned, we have no particular trouble.

The act of 1942 broadened that power in general to apply to practically every type of property. It did limit it to lands acquired since 1942, and is not in any way retroactive.

Without bothering you with the detail, we have here a list of the many various acts that authorize the disposal of property in a specific case, and we can supply that for the record.

One of the acts, for instance, authorizes the Secretary of War to grant right-of-way for electric poles and lines to the extent of 20 feet on each side of the power line itself.

That is an act of 1911. Now we have no authority to grant power lines rights-of-way in the older reservations, where we are making changes, or in some of the airfields where, for instance, we are attempting to take out a flight hazard except for 40 feet as indicated in the law.

As you know, many of these power lines at the present time, carrying extremely heavy loads, require from 150 to 300 feet for protection

purposes.

That is, I think, an outstanding instance of the manner in which the Secretary's power is limited.

There are other instances where we wish to effect a change in boundaries of the older camps or reservations and where we could very well return that land to a nearby owner if we had some authority to dispose of small tracts of land.

In other instances the boundary line is finally established in a straight line in order to avoid the unnecessary expense of fencing on a zig-zag down section lines, and in such cases, miscellaneous pieces remain outside the boundary and could be conveyed to owners if we had the authority.