(f) A person volunteering for, or ordered to, employment under section 5 (n) (4) shall receive the same travel, and subsistence during such travel, which he would receive if the request (in the case of a volunteer) or the order (in other cases) constituted an order to report for induction at the place of such employment; and on or after the date of a determination under section 5 (n) (2) that it is no longer necessary for him to be employed in an activity in war production or in support of the national health, safety, or interest, or in an agricultural occupation or endeavor essential to the war effort, or on or after the date upon which section 5 (n) ceases to be operative (if he is employed in such an activity on such date), or on or after the date of his being involuntarily separated from such employment, he shall receive similar travel and subsistence back to the place from which he was first allowed travel under this subsection (or, at his election, to his home if that is not farther distant), if application is made therefor within thirty days after such date.

SECTION 11 OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940

SEC. 11. Any person charged as herein provided with the duty of carrying out any of the provisions of this Act, or the rules or regulations made or directions given thereunder, who shall knowingly fail or neglect to perform such duty, and any person charged with such duty, or having and exercising any authority under said Act, rules, regulations, or directions who shall knowingly make, or be a party to the making, of any false, improper, or incorrect registration, classification, physical or mental examination, deferment, induction, enrollment, or muster, and any person who shall knowingly make, or be a party to the making of, any false statement or certificate as to the fitness or unfitness or liability or nonliability of himself or any other person for service under the provisions of this Act, or rules, regulations, or directions made pursuant thereto, or who otherwise evades registration or service in the land or naval forces or any of the requirements of this Act, or who knowingly counsels, aids, or abets another to evade registration or service in the land or naval forces or any of the requirements of this Act, or of said rules, regulations, or directions, or who in any manner shall knowingly fail or neglect to perform any duty required of him under or in the execution of this Act, or rules or regulations made pursuant to this Act, or any person or persons who shall knowingly hinder or interfere in any way by force or violence with the administration of this Act or the rules or regulations made pursuant thereto, or conspire to do so, shall, upon conviction in the district court of the United States having jurisdiction thereof, be punished by imprisonment for not more than five years or a fine of not more than $10,000, or by both such fine and imprisonment, or if subject to military or naval law may be tried by court martial, and, on conviction, shall suffer such punishment as a court martial may direct. No person shall be tried by any military or naval court martial in any case arising under this Act unless such person has been actually inducted for the training and service prescribed under this Act or unless he is subject to trial by court martial under laws in force prior to the enactment of this Act. Precedence shall be given by courts to the trial of cases arising under this Act. No individual shall be subject to the penalties of this section for having violated any duty imposed by section 5 (n), except for willful violations thereof, and—

(a) in the case of an alleged violation of section 5 (n) (2), it shall be a defense to such alleged violation for the individual to show (1) that he made application to his selective-service local board for a determination described in section 5 (n) (2), and (2) that the denial of such application was not based on a fair consideration of his application; and it shall also be a defense to such alleged violation for the individual to establish a determination by such board (which shall be subject to appeal in the same manner as is provided in section 10 (a) (2)) that he had a justifiable reason for not complying with such duty;

(b) in the case of an alleged violation of section 5 (n) (4), it shall be a defense to such alleged violation for the individual to show (1) that he made timely application for revocation or modification of the order under section 5 (n) (4), and (2) that the denial of the revocation or modification requested was not based on a fair consideration of his application.

SECTION 16 OF THE SELECTIVE TRAINING AND SERVICE ACT OF 1940

SEC. 16. (a) Except as provided in this Aet, all laws and parts of laws in conflict with the provisions of this Act are hereby suspended to the extent of such conflict for the period in which this Act shall be in force

(b) All the provisions of this Act, except the provisions of sections 3 (c), 8 (d), 5 (n), 8 (g), and 12, shall become inoperative and cease to apply on and after May 15, 1945, except as to offenses committed prior to such date, unless this Act is continued in effect by the Congress. The provisions of section 5 (n) shall become inoperative and cease to apply on the date of the termination of hostilities in the present war, or on such earlier date as may be specified in a concurrent resolution of the two Houses of Congress for that purpose. As used in this section the term 'date of the termination of hostilities in the present war' means the date proclaimed by the President as the date of such termination or the date specified in a concurrent resolution of the two Houses of Congress as the date of such termination, whichever is the earlier.

(c) There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the provisions of this Act.

AMENDMENT TO SOLDIERS' AND SAILORS' CIVIL RELIEF ACT OF 1940

SEC. 106. Any person who has been ordered to report for induction under the Selective Training and Service Act of 1940, as amended, shall be entitled to the relief and benefits accorded persons in military service under articles I, II, and III of this Act during the period beginning on the date of receipt of such order and ending on the date upon which such person reports for induction; and any member of the Enlisted Reserve Corps who is ordered to report for military service shall be entitled to such relief and benefits during the period beginning on the date of receipt of such order and ending on the date upon which he reports for such service.

SEC. 107. Nothing contained in this Act shall prevent

(a) the modification, termination, or cancelation of any contract, lease, or bailment or any obligation secured by mortgage, trust deed, lien, or other security in the nature of a mortgage, or

(b) the repossession, retention, foreclosure, sale, forfeiture, or taking possession of property which is security for any obligation or which has been purchased or received under a contract, lease, or bailment,

pursuant to a written agreement of the parties thereto (including the person in military service concerned, or the person to whom section 106 is applicable, whether or not such person is a party to the obligation), or their assignees, executed during or after the period of military service of the person concerned or during the period specified in section 106.

Sec. 108. The benefits of this Act shall extend to a person volunteering for, or ordered to, employment pursuant to section 5 (n) (4) of the Selective Training and Service Act of 1940, as amended, to the same extent as if—

(a) the application for such employment constituted an order to report for induction into the land or naval forces;

(b) such employment constituted military service;

(c) entering upon such employment constituted induction into the land or naval forces; and

(d) the period beginning with the date of entering upon such employment and ending with either (1) the date on which such section 5 (n) ceases to be operative, or (2) the date of a determination under such section 5 (n) that it is no longer necessary for him to be employed in an activity in war production or in support of the national health, safety, or interest, or in an agricultural occupation or endeavor essential to the war effort, or (3) the date on which he violates a duty imposed on him by paragraph (2) of such section 5 (n), whichever of such dates occurs first, constituted the period of military service.

For the purposes of this section the period during which the relief and benefits provided in section 106 are to be in effect shall in no event extend beyond thirty days from the date of making application for employment.

CONSIDERATION OF H. R. 1752

January 26, 1945.-Referred to the House Calendar and ordered to be printed

Mr. Cox, from the Committee on Rules, submitted the following

REPORT

[To accompany H. Res. 107]

The Committee on Rules, having had under consideration House Resolution 107, reports the same to the House with the recommendation that the resolution do pass.

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79TH CONGRESS 1st Session

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HOUSE OF REPRESENTATIVES

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REPORT
No. 42

EXPENSES OF CONDUCTING THE STUDY AND INVESTIGATION AUTHORIZED BY HOUSE RESOLUTION 60 OF THE SEVENTYNINTH CONGRESS INCURRED BY THE COMMITTEE ON POSTWAR ECONOMIC POLICY AND PLANNING

JANUARY 29, 1945.-Referred to the House Calendar and ordered to be printed

Mr. COCHRAN, from the Committee on Accounts, submitted the

following

REPORT

[To accompany H. Res. 111]

The Committee on Accounts, to whom was referred the resolution (H. Res. 111) granting expenses of conducting the study and investigation authorized by House Resolution 60 of the Seventy-ninth Congress, incurred by the Committee on Post-War Economic Policy and Planning, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

PROVIDING FOR THE FURTHER EXPENSES FOR CONDUCTING THE STUDY AND INVESTIGATION OF THE NATIONAL DEFENSE PROGRAM IN RELATION TO SMALL BUSINESS IN THE UNITED STATES

JANUARY 29, 1945.—Referred to the House Calendar and ordered to be printed

Mr. COCHRAN, from the Committee on Accounts, submitted the

following

REPORT

[To accompany H. Res. 112]

The Committee on Accounts, to whom was referred the resolution. (H. Res. 112) providing for the expenses of conducting the study and investigation authorized by House Resolution 294 of the Seventyseventh Congress, continued by House Resolution 18 of the Seventyeighth Congress, and continued by House Resolution 64 of the Seventy-ninth Congress, having considered the same, report favorably thereon without amendment and recommend that the resolution do pass.

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