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."

(Text of H. R. 1752 as ordered by the committee, February 22, 1945, to be reported to the Senate, follows:)

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) every individual is obligated to serve the Nation in that capacity for which he or she is best qualified, and to continue in such capacity so long as his or her services are required, to the end that the Nation may make the most effective use of its manpower resources in support of the war effort.

(b) The purposes of this Act are to provide the most practicable and effective means to accomplish the fulfillment of such obligation and to provide for making the most effective use of the manpower resources of the Nation by the following means, among others: (1) By providing for the accurate determination of manpower requirements and supply, and of the relative urgency of the needs of employers for workers; (2) by reducing wasteful labor turn-over and unnecessary labor migration; (3) by channeling available manpower to employments in which workers will contribute most to the war effort; (4) by making available, for work in essential activities, workers presently employed in activities of relative unimportance to the war effort; and (5) by promoting the maximum utilization by employers of their available work force.

SEC. 2. (a) The Chairman of the War Manpower Commission, an agency of the Government created pursuant to Executive Order Numbered 9139, dated April 18, 1942, as amended and supplemented (hereinafter referred to as the "Chairman"), shall perform the functions vested in him by this Act under the direction and supervision of the Director of War Mobilization and Reconversion. (b) The Chairman shall provide for the establishment of a national management-labor policy committee, regional management-labor committees, and State or local management-labor committees consisting in each case of representatives of labor, industrial management, and, where appropriate, agriculture, the members of which shall be appointed without regard to the civil-service laws or the Classification Act of 1923. These committees shall be consulted on basic policy decisions made at their respective administrative levels in the course of the administration of the functions vested in the Chairman by this Act.

(c) To the maximum degree consistent with this Act and with its purposes, local initiative and cooperative efforts of management, labor, and agriculture shall be encouraged and utilized and use shall be made of existing hiring channels such as private employers, labor organizations, professional organizations, schools, colleges, technical institutions, and Government agencies.

SEC. 3. (a) The Director of War Mobilization and Reconversion shall, subject to the direction of the President, provide for coordinating the activities of all departments and agencies of the Government responsible for production, procurement, or manpower in such manner as to carry out most effectively the purposes declared in the first section of this Act. The Director shall provide, among other things, that manpower requirements and the availability of manpower shall be given due consideration in determining where production schedules shall be increased or decreased and where contracts shall be awarded, terminated, or permitted to expire, and that notice shall be given to the Chairman of the War Manpower Commission at the earliest practicable time of all changes or anticipated changes in war-production schedules, all awards or anticipated awards of war contracts, and all terminations or anticipated terminations of war contracts which are likely to result in any substantial increase or decrease of the manpower requirements of any employer or any area. All departments and agencies of the Government shall comply with orders and regulations issued by the Director under authority of this section.

(b) The Director of War Mobilization and Reconversion shall make or cause to be made in-plant surveys and other investigations of the use of manpower by the War Department and the Navy Department, to determine the extent to which such departments are making the most effective use, in activities relating

to production, procurement, or repairs, of individuals in their employ or subject to their jurisdiction as members of the armed forces, and shall take or cause to be taken, appropriate measures to eliminate labor wastage and labor hoarding, and otherwise to promote the full utilization by such departments of individuals in their employ or subject to their jurisdiction as members of the armed forces, and otherwise to carry out the purposes of this Act.

SEC. 4. (a) Except as to the cases covered by subsection (b) of section 3, the Chairman shall provide for such in-plant surveys and other investigations of activities and places of employment, as may be necessary to determine the extent to which such activities or places of employment are making the most effective use of individuals in their employ, to the end that appropriate measures may be taken to eliminate labor wastage and labor hoarding, to promote full utilization for purposes essential to the war effort, by employers of their available work force, and otherwise to promote the purposes of this Act.

(b) To the extent necessary to carry out the purposes and means declared in the first section of this Act and also for the purpose of keeping activities and places of employment essential to the war effort in productive operation, the Chairman is authorized and directed, by regulation (1) to prescribe employment ceilings in designated areas, activities, or places of employment fixing the maximum number of workers, by age, sex, or occupational qualifications, who may be there employed and prohibiting the employment of workers beyond such maximum number, and (2) to prohibit or regulate the hiring, rehiring, solicitation, or recruitment of new workers by employers. No employer shall hire or retain in his employ any individual in voilation of such regulations.

(c) In the case of any individual who, in response to the request of the Chairman, agrees to accept employment outside the locality where he is then residing, the Chairman, in accordance with such regulations as he may prescribe, may furnish transportation to the location of such employment, and, if such individual complies thereafter with the requests and requirements made under this Act with respect to his accepting and continuing in any employment or employments in the same locality until the Chairman determines that he is ro longer needed in such locality for work essential to te war effort, may furnish trasportation back to the locality from which transportation was originally furnished for such individual under this subsection, or to any other locality selected by the individual which is not farther distant. The cost of such transportation shall not exceed the amounts allowable for individual civilian employees in the executive branch of the Government and shall not include any per diem allowance. The Chairman shall exercise the authority conferred by this subsection only to the extent that he deems the exercise thereof necessary to aid in relieving manpower shortages which substantially impede the war effort.

SEC. 5. The Chairman shall by regulation provide an opportunity for a hearing before an impartial administrative tribunal to any person who claims that any action taken with respect to him under this Act, or any regulation or order thereunder, is unreasonable as applied to him or is inconsistent with such Act, regulation, or order. Subject to such further administrative review as may be provided in regulations under this section, the determination made after such hearing shall be final. To the extent practicable and appropriate, such regulations shall provide for such hearings to be accorded in local areas and for such hearing tribunals to be so constituted as to permit the ascertainment of the views of persons selected as representatives of management, labor, and agricultural interests in the locality. SEC. 6. (a) The Chairman shall provide for the issuance of a certificate to any person with respect to whom he finds that such person (1) has been released by his employer from a position (other than a temporary position) pursuant to a request or requirement made under this Act and (2) has complied thereafter with the requests and requirements made under this Act with respect to his accepting and continuing in any employment or employments until section 4 (b) ceases to be in effect or the Chairman determines that he is no longer needed in work essential to the war effort, whichever first occurs. Any person to whom such a certificate is issued under this subsection shall be entitled to the benefits of section 8 (b) (except the last paragraph thereof and except that in lieu of the ninety-day period therein specified, the time within which application for reen ployment in his former position must be made shall be thirty days), 8 (c), and 8 (e) of the Selective Training and Service Act of 1940, as amended, to the same extent as if he had left such position in order to be and had been inducted into the land or naval forces for training and service, had been relieved therefrom on the day on which such certificate is issued to him, and had been given the certificate referred to in section 8 (a) of such Act: Provided, That this section shall not be construed

to confer greater employment rights than the individual would have had if he had remained employed in such position during the period of the employment or employments accepted by him upon the request of the Chairman of the War Manpower Commission.

(b) Section 8 (b) of the Selective Training and Service Act of 1940, as amended, is amended by inserting at the end thereof the following new paragraph: "If such person, within ninety days after having been relieved from such training and service or from such hospitalization, has become employed in an employment accepted by him at the request of the Chairman of the War Manpower Commission under the War Manpower Act of 1945, any period (before section 4 (b) of such Act ceases to be in effect) while he is employed in an employment so accepted by him (and any period, not exceeding fifteen days, between leaving one such employment and entering upon another such employment) shall be disregarded in computing the ninety-day period within which application for reemployment in his former position must be made and shall be counted as training and service in the land or naval forces for the purposes of subsection (c).”

SEC. 7. Paragraphs (3), (4), (5), (6), (7), and (8) of subsection (a) of section 2 of the Act of June 28, 1940 (54 Stat. 676), as amended by title III of the Second War Powers Act, 1942, shall be applicable with respect to this Act to the same extent as such paragraphs are applicable with respect to such subsection (a), except that, for the purposes of this Act, the word "President", wherever it occurs in such paragraphs, shall be deemed to refer to the Chairman of the War Manpower Commission."

SEC. 8. No wage or other compensation paid for services rendered in any employment commenced or continued in violation of this Act, or of any regulation or order of the Chairman thereunder, shall be allowed or allowable as a deduction from income, or as a cost or expense, for the purpose of computing the tax payable under any Act of Congress or for the purpose of determining the amount to be paid to or recovered from any person with respect to the performance of any contract with the United States. The provisions of this section shall not be applicable with respect to any case of a violation of a regulation or order by any person unless such regulation or order has been published in the Federal Register, has been published in a newspaper of general circulation in the community for three consecutive days, or has been served upon such person by personal service or by registered mail. The Chairman shall transmit to the Commissioner of Internal Revenue and other agencies of the Government responsible for the administration of any functions under this section copies of such regulations and orders issued under this Act, and such additional information, as the Chairman deems will be useful to the Commissioner and such other agencies in administering their functions under this section.

SEC. 9. The Chairman of the War Manpower Commission shall submit reports to the President, the Senate, and the House of Representatives on the 1st days of January. April, July, and October, on the activities undertaken or contemplated by him under this Act. Such reports shall summarize and appraise manpower mobilization activities and problems.

SEC. 10. (a) As used in this Act, the terms "employment", "work", "hire", "rehire", "employ", or words of similar import shall include any contract, arrangement, undertaking, or relationship whereby or under which an individual undertakes to perform a service or services for another, irrespective of the resulting legal relationship between the parties.

(b) The provisions of this Act shall not be applicable with respect to the employment of persons by any State or any political subdivision thereof, without its

consent.

SEC. 11. Section 5 (k) of the Selective Training and Service Act of 1940, as amended, is amended by adding at the end thereof the following new paragraph: "In carrying out the provisions of this subsection (except the proviso of the foregoing paragraph) the selective-service local board in classifying the registrant shall base its findings solely and exclusively on whether the registrant is necessary to and regularly engaged in an agricultural occupation or endeavor essential to the war effort and whether a satisfactory replacement can be obtained, without reference to the relative essentiality of the registrant to an agricultural occupation or endeavor as compared with any other occupation, service, or endeavor; and the foregoing provision of this sentence shall apply upon any appeal or review of a decision made thereunder by a selective-service local board. It shall be the duty of any registrant who is now or hereafter deferred under this subsection, and who has been found to be unacceptable to the land or naval forces for training and service, not to voluntarily leave or discontinue such agricultural occupation or

numbers of persons (1) who are capable of performing the work involved, (2) who are not engaged in services designated by the Director of Selective Service as contributing to the war effort or being in support of the war effort, and (3) who are by reason of their status the type of persons he deems can transfer to other work with the least disruption to the civilian economy and to themselves in comparison with persons in other categories. The Director of Selective Seryice shall call upon such local boards in such area, and outside the area if he deems it advisable in the national interest, to request their registrants within the categories so designated to become employed in such plants or activities within a time specified by him. Any such registrant who fails to become so employed within the specified time, shall be classified into a class immediately available for military service and shall be liable for immediate induction into the land or naval forces, unless such registrant is found by his selective service local board, subject to appeal in accordance with section 10 (a) (2) of this Act, to have had a justifiable reason for not having become so employed.

"Any registrant who is classified under this subsection into a class immediately available for military service and who is thereafter inducted may, after such induction, be utilized by the land or naval forces in their discretion for service in regular military units and assignments now or hereafter in existence or for service in a special service unit or units which are hereby authorized to be created within the land or naval forces. During the time such registrants are serving in a special service unit or units, they shall be subject to the same supervision, discipline, obligations, and punishment as other persons inducted into the land or naval forces, but they shall not, while so serving, or thereafter, be entitled, by reason of such service, to the benefits of section 8 of this Act, the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, the Servicemen's Dependents Allowance Act of 1942, as amended, the National Service Life Insurance Act of 1940, as amended, the Mustering-Out Payment Act of 1944, or of any law administered by the Veterans' Administration providing benefits for former inembers of the armed forces, or their dependents or beneficiaries. The number of persons serving in such special service units under this subsection shall not be considered in computing the authorized net military strength of the armed forces and such persons shall be used for the performance of assignments within activities under the direct jurisdiction of the land or naval forces, and shall not be utilized for work outside of such activities except upon certification by the Director of War Mobilization and Reconversion after consultation with the management, labor, and agriculture advisory board created under section 102 of the War Mobilization and Reconversion Act of 1944.

(House bill, as introduced, and as passed by the House, follows:)

[H. R. 1752, 79th Cong., 1st sess.]

AN ACT To amend the Selective Training and Service Act of 1940, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 5 of the Selective Training and Service Act of 1940, as amended, is amended by inserting at the end of such section a new subsection reading as follows:

"(n) (1) In addition to the liability for training and service in the land or naval forces, every registrant between the ages of eighteen and forty-five who is not a member of such forces on active duty and is not exempted or deferred from training and service therein by section 5 (c) (1) or (d) shall be liable to perform work 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. For the purposes of this subsection, the Director of War Mobilization and Reconversion, or the agency designated by him, shall from time to time by regulations designate, and certify to the Director of Selective Service, the plants and facilities, and the activities therein, in war production or in support of the national health, safety, or interest, and the farms and agricultural occupations and endeavors essential to the war effort. In making such designations, the Director of War Mobilization and Reconversion may make classifications on the basis of geographical areas, types of activities, types of occupations within activities, and types of plants, facilities, and farms.

"(2) A registrant liable to perform such work who is now or hereafter employed by an employer, or now or hereafter self-employed, in an activity or agricultural occupation or endeavor which is so certified shall have a duty not to voluntarily

discontinue such employment unless his selective-service local board (subject to appeal in the same manner as is provided in section 10 (a) (2)) has determined that it is in the best interest of the war effort for him to leave such employment. "(3) The Director of War Mobilization and Reconversion shall from time to time (after consultation with the appropriate representatives of management, labor, agriculture, and Government) certify or cause to be certified to the Director of Selective Service the extent to which, in the various areas, the plants, facilities, and farms described in paragraph (2) are unable, through the operation of paragraph (2) and by voluntary recruiting by management, labor, agriculture, and Government, to meet their manpower requirements in the activities, occupations, and endeavors so described.

"(4) Upon receiving such a certification for a particular area, the Director of Selective Service

"(A) shall designate the categories (by age and other status) of registrants who are liable to perform work under paragraph (1) and who are not deferred under subsection (k) or by reason of being engaged in an activity in war production or in support of the national health, safety, or interest, from which categories men capable of performing the work involved shall be called before calls are made from other categories. In designating such categories the Director shall first designate categories which include registrants who are, by reason of their age and other status, the type of men he deems can transfer to such work with the least disruption to the civilian economy and to themselves in comparison with men in other categories, and may exclude, or by regulations provide for the exclusion, from any category so designated, of those types of veterans (discharged or released from active duty in the land or naval forces under conditions not dishonorable) whose exclusion from such category the Director deems fair and equitable;

"(B) shall direct the local boards in such area, and also local boards outside the area to the extent that he may deem necessary, to request their registrants within the categories so designated to become employed, within a time fixed by the Director, in the activities, occupations, and endeavors covered by the certification;

"(C) if the requirements of the certification have not been met under subparagraph (B) within the time fixed, shall direct the local boards in such area, and also local boards outside the area to the extent that he may deem necessary, to order (subject to regulations prescribed by him) registrants within the categories so designated and capable of performing the work involved (in numbers sufficient to meet the requirements of the certification) to make, within such time as he may prescribe, application for employment in the activities, occupations, and endeavors specified in the certification and to enter upon such employment when accepted therefor. Such orders shall be subject to appeal in the same manner as is provided in section 10 (a) (2). It shall be the duty of the registrant to whom such an order is directed to comply therewith, provided the order gives him a reasonable choice of employers for whom to work.

"(5) In order to aid the selective-service local boards and the appeal boards in the exercise of the additional duties required of them under this subsection, the Director of War Mobilization and Reconversion may assign to such boards, in an advisory capacity, representatives of such other agencies of the Government as he may deem advisable.

"(6) A registrant who is found, in the same manner as is provided in subsection (g), to be conscientiously opposed, by reason of religious training and belief, to participation in war in any form, and whose opposition thereto is found, in such manner, to include opposition to participation in civilian war activities shall, in lieu of being ordered to make application for, and to accept, employment in any such activity, be ordered to make application for, and to accept, employment in another activity in the national interest.

"(7) Nothing in this subsection shall affect in any manner any of the provisions of subsection (k).

"(8) Nothing in this subsection shall affect the powers under other provisions of this Act with respect to the classification and selection of persons for, or the induction, or deferment from induction, of persons into, the land or naval forces; or preclude the Selective Service System from classifying and selecting for induction any registrant who violates a duty imposed upon him by this subsection or preclude the land or naval forces from inducting such a registrant."