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aforesaid be deported until after the termination of his imprisonment, or the entry of an order releasing him on probation or parole: Provided further, That the provisions of this section, with the exceptions hereinbefore noted, shall be applicable to the classes of aliens therein mentioned irrespective of the time of their entry into the United States: Provided further, That the provisions of this section shall also apply to the cases of aliens who come to the mainland of the United States from the insular possessions thereof: Provided further, That any person who shall be arrested under the provisions of this section, on the ground that he has entered or been found in the United States in violation of any other law thereof which imposes on such person the burden of proving his right to enter or remain, and who shall fail to establish the existence of the right claimed, shall be deported to the place specified in such other law. In every case where any person is ordered deported from the United States under the provisions of this Act, or of any law or treaty, the decision of the Secretary of Labor shall be final.

(Section 7 of the committee amendment amends the act entitled "An act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes," approved October 16, 1918, as amended, as below indicated:)

SEC. 7. That the Act entitled "An Act to exclude and expel from the United States aliens who are members of the anarchistic and similar classes", approved October 16, 1918, as amended, is amended to read as follows:

"SEC. 1. [That the following aliens] That any alien who is at the time of his application for admission into the United States or who was at any time theretofore a member of any one of the following-described classes shall be excluded from admission into the United States:

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'(a) Aliens who are anarchists.

"(b) Aliens who advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that advises, advocates, or teaches, opposition to all organized government.

"(c) Aliens who believe in, advise, advocate, or teach, or who are members of or affiliated with any organization, association, society, or group, that believes in, advises, advocates, or teaches (1) the overthrow by force or violence of the Government of the United States or of all forms of law; or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or any other organized government, because of his or their official character; or (3) the unlawful damage, injury, or destruction of property; or (4) sabotage. "(d) Aliens who write, publish, or cause to be written or published, or who knowingly circulate, distribute, print, or display, or knowingly cause to be circulated, distributed, printed, published, or displayed, or who knowingly have in their possession for the purpose of circulation, distribution, publication, or display, any written or printed matter advising, advocating, or teaching opposition to all organized government, or advising, advocating, or teaching (1) the overthrow by force or violence of the Government of the United States or of all forms of law; or (2) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government; or (3) the unlawful damage, injury, or destruction of property; or (4) sabotage.

"(e) Aliens who are members of or affiliated with any organization, association, society, or group that writes, circulates, distributes, prints, publishes, or displays, or causes to be written, circulated, distributed, printed, published, or displayed, or that has in its possession for the purpose of circulation, distribution, publication, issue or display, any written or printed matter of the character described in subdivision (d).

"It being the intent and purpose of this section that membership in any one of such classes at the time admission is sought or at any time theretofore, of no matter how short duration or how far in the past, shall prevent admission.

"For the purpose of this section: (1) the giving, loaning, or promising of money or anything of value to be used for the advising, advocacy, or teaching of any doctrine above enumerated shall constitute the advising, advocacy, or teaching of such doctrine; and (2) the giving, loaning, or promising of money or anything of value to any organization, association, society, or group of the character above described shall constitute affiliation therewith; but nothing in this paragraph shall be taken as an exclusive definition of advising, advocacy, teaching, or affiliation.

"SEC. 2. That any alien who, [at any time after entering the United States, is found to have been at the time of entry, or to have become thereafter] knowingly and voluntarily at any time became a member of any one of the classes of aliens enumerated in section 1 of this Act, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported in the manner provided in the Immigration Act of February 5, 1917. The provisions of this section shall be applicable to the classes of aliens mentioned in this Act, irrespective of the time of their entry into the United States. The fact of the membership of any alien in any class of aliens indicated in section 1 of this Act shall, of itself, authorize and require his deportation; wholly without regard to the place, time, length, or character of such membership.

"It being the intent and purpose of this section that membership in any one of the classes of aliens enumerated in section 1 of this Act, at any time, of no matter how short duration or how far in the past, irrespective of its termination or of how it may have ceased, shall require deportation.

"SEC. 3. That any alien who shall, after he has been excluded and deported or arrested and deported in pursuance of the provisions of this Act, thereafter return to or enter the United States or attempt to return to or to enter the United States shall be deemed guilty of a felony, and upon conviction thereof shall be punished by imprisonment for a term of not more than five years; and shall, upon the termination of such imprisonment, be taken into custody, upon the warrant of the Secretary of Labor, and deported in the manner provided in the Immigration Act of February 5, 1917.”

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RECLAMATION PROJECT ACT OF 1939

JUNE 29, 1939.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. HILL, from the Committee on Irrigation and Reclamation submitted the following

REPORT

[To accompany H. R. 6984]

The Committee on Irrigation and Reclamation, to whom was referred the bill (H. R. 6984) to provide a feasible and comprehensive plan for the variable payment of construction charges on United States reclamation projects, to protect the investment of the United States in such projects, and for other purposes, having considered the same, report thereon with the unanimous recommendation that the bill do pass as amended.

The following amendments were adopted by the committee:

Page 22, lines 10, 11, and 12, place a period after the word "proper" and strike out

Provided further, That in said sales or leases preference shall be given to municipalities and other public corporations or agencies and to cooperatives.

Page 22, lines 16, 17, 18, 19, and 20. After the word "project" on line 16 strike out

The provisions of this subsection respecting the terms of sales of electric power and leases of power privileges shall be in addition and alternative to any authority in existing laws relating to particular projects.

The committee finds that this bill is a careful and honest attempt to solve a most troublesome problem, that of introducing flexibility into the contracts under which water users repay to the Government the cost of construction of Federal reclamation projects. The necessity for such legislation is both immediate and urgent. Droughts, depressed farm prices, and other factors have brought about distressed conditions on our irrigated lands and Congress has been called upon. on many occasions during the past several years for relief.

At present there are a variety of types of contracts in force; the two principal types are the crop repayment or Fact Finders Act contracts, under which the farmers are required to pay each year 5 percent

of the value of their crops on the basis of the average for the past 10 years; and the term repayment contract, under which, for the most part, the charges are divided into 40 annual installments. The provision of the law under which the 5-percent contracts were written was repealed after a few years because it was found difficult to administer the act and to operate under the contracts. There are a number of other contracts, some with individual water users, some with irrigation districts, some requiring 20 annual installments, some requiring 30, and some on other special bases.

All of these types of contracts have had one identical fault. They have not been sufficiently flexible to be effective in the extraordinary situations which have arisen from time to time. As a result, when crop failures or depressed prices have prevailed, a large number if not a majority of the water users cannot meet their repayments. Present law instructs the Government to refuse to deliver water to such delinquents. Yet to enforce this law would mean that the very communities sought to be established would be irredeemably ruined.

Toward a permanent solution to these problems, this committee in 1937 proposed the establishment of a fact-finding commission which was subsequently authorized by Congress and became known as the Repayment Commission. More than 70 studies were made on irrigation projects and the Commission reported its findings to the Congress on May 18, 1938 (H. Doc. No. 673, 75th Cong., 3d sess.). These recommendations have served as the basis for the bill under consideration, which has been most carefully drafted in order that the interests of the United States and the water users alike might be safeguarded.

Briefly, the major objectives of H. R. 6984 are:

1. Authority for the Secretary of the Interior to modify existing contracts under an equitable and flexible plan for sliding-scale payment of construction charges in accordance with variations in crop returns.

2. Arrangements for payments at times when crop receipts are available. 3. Classification or reclassification of lands on existing projects.

4. Special consideration for projects with unusual problems affecting their ability to repay.

5. Methods for determining feasibility of proposed new projects for allocation of costs to irrigation, electric power, flood control, or other purposes, and for their development.

It should be noted that the bill retains the principle of a 40-year repayment period in effect since the Adjustment Act of 1926, except for those projects that are now on the so-called crop repayment plan of the Fact Finders Act of 1924. No authority is given for any write-off of construction charges or change of the amount due the Government. The Congress is to retain jurisdiction over the outstanding indebtedness.

The letter of the Acting Secretary of the Interior stating the view of Department of the Interior on H. R. 6984 follows:

UNITED STATES DEPARTMENT OF THE INTERIOR,
OFFICE OF THE SECRETARY,
Washington, June 9, 1939.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES.

SIR: Transmitted herewith is a draft of proposed legislation to provide a feasible and comprehensive plan for the variable payment of construction charges on United States reclamation projects, to protect the investment of the United States in such projects, and for other purposes.

The enclosed draft of bill, for the most part, deals with the repayment of the construction costs of United States reclamation projects. This subject was investigated and reported on by the Commission created by the Congress in the act of August 21, 1937 (50 Stat. 737). The Commission's report was made to

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