2. tamen ali of the Severna Thining and Service Act of 1940, as neering the hammand Cereof a new sentence If sten besten § Itty, resipation, or endeavor e Kimcrue overnment weer is being in war production , in an agricultural

with semen, wulun her tats after ving wieved from such trainre und erry m *ica estradzkZUR verder before, on, or after viuen fils wenance takes efeet, becomes employed in an

cem nan cry which is so mes to be operative tisregarding any demort for eresecting ineen tas terveen eating one sten employment and Trg 1765 inci le f02 * Dent te tas seered a determinapearl, styrer to annesi in accordance that it is be coger leesssar for him to be employed

7

in var smieten or a supper of the national health, safety,

or niemar, or in an igment in reination or endeavor essential to the war aff the the amer

*** "Amed "Aginning win the fare men vazen te ist becomes employed in an or endeamor vilen is so tesumatet and ending with the date trases to be rentre, or with the date of sich determinacea cazi, viletemer is the earder shall be dis

son puting the sinern-tam pemed wrain wich application for reemsinua fommer position must be made.” Sention 3 of the Serpetive Training and Service Act of 1940), as amended, is amander, by inseming at the end thereof a new sibsection mading as follows: Any registrant

"I who becomes employed as a result of a request or order under section ', '4

and

2 with respect to whom it has been detemined under section 3 (n) (if quen, kutsest on ja at... operative that it is no longer necessary for him to be ercooped in an activity in war produverion or in support of the national health, walchy, or literest, or in an agricultural oeerpation or endeavor essential to the war oft.

anail be entitled, in respect of the position left by him in order to become so empoyed to the benefite of subsections b, c, è, and g of this section to the Bare extent as if he had been in ducted into the land or naval forces for training and service, nad been relieved therefrom on the day on which the determination provided for in paragraph (2) is made for on the day on which section 5 (n) ceases to be operatise, if he is still in any such employment on such day and no such determination has been made,, and had been given the certificate referred to in

Bubsection '%,"

Bxc. 2. Section 10 of the Selective Training and Service Act of 1940, as amended, is amended by inserting at the end thereof a new subsection reading as follows: "(1) 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,"

Hic. 4. Section 11 of the Selective Training and Service Act of 1940, as amended, Is amended by inserting after the period at the end thereof a new sentence reading ns follows: "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

"(n) in the ease 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 local 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."

SEC. 5. Section 16 (b) of the Selective Training and Service Act of 1940, as amended, is amended by inserting “5 (n),” after "3 (d)," and by inserting at the end thereof a new sentence reading as follows: "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."

SEC. 6. The Soldiers' and Sailors' Civil Relief Act of 1940, as amended, is amended by inserting after section 107 a new section reading as follows: "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."

Passed the House of Representatives February 1, 1945.

Attest:

SOUTH TRIMBLE, Clerk.

(Amendments proposed are shown in the following committee print:)

A BILL To amend section 5 (k) of the Selective Training and Service Act, 1940, as amended, viz: Strike out all after the enacting clause and insert the following: 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 to 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, including agricultural occupations and endeavors specified in subsection (k). In making such designations, the Director of War Mobilization and Reconversion may make classifications on the basis of geographical area, 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] the Director of War Mobilization and Reconversion or any agency he may designate for such purpose finds, subject to appeal in accordance with such regulations as the Director of War Mobilization and Reconversion may prescribe, that it is in the best interests 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] report to such agencies as the Director of War Mobilization and Reconversion may designate for the purpose, for referral to employment in the activities, occupations, and endeavors specified in 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] to such agencies as the Director of War Mobilization and Reconversion may designate for such purposes, for referral to employment in the activities, occupations, and endeavors specified in the certification and to accept the work to which he is so referred within the

specified time. Such order shall be subject to appeal in accordance with such regulations as the Director of War Mobilization and Reconversion may prescribe. Registrants so referred shall be given a reasonable choice of employers for whom to work. It shall be the duty of the registrant to whom such an order is directed to comply therewith.

"(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."

SEC. 2. (a) Section 8 (b) of the Selective Training and Service Act of 1940, as amended, is amended by inserting after paragraph (C) thereof a new sentence reading as follows: "If such position is in an activity, occupation, or endeavor not designated by the appropriate Government agency as being in war production or in support of the national health, safety, or interest, or n an agricultural occupation or endeavor essential to the war effort, and if

"(i) such person, within ninety days after being relieved from such training and service or from such hospitalization (whether before, on, or after the date upon which this sentence takes effect), becomes employed in an activity which is so designated; and

"(ii) such person continues to be employed in an activity which is so designated until (a) section 5 (n) ceases to be operative (disregarding any period not exceeding fifteen days between leaving one such employment and entering upon another such employment), or (b) he has secured a determination [by his selective service local board, subject to appeal in accordance with section 10 (a) (2)] 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, whichever is the earlier; the period beginning with the date upon which he first becomes employed in an activity, occupation, or endeavor which is so designated and ending with the date on which section 5 (n) ceases to be operative, or with the date of such determination [by his selective service local board] under section 5 (n) (2), whichever is the earlier, shall be disregarded in computing the ninety-day period within which application for reemployment in his former position must be made."

(b) Section 8 of the Selective Training and Service Act of 1940, as amended, is amended by inserting at the end thereof a new subsection reading as follows:

"(j) Any registrant

"(1) who becomes employed as a result of a request or order under section 5 (n) (4); and

"(2) with respect to whom it has been determined under section 5 (n) (if such subsection is still operative) 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;

shall be entitled, in respect of the position left by him in order to become so employed, to the benefits of subsections (b), (c), (e), and (g) of this section to the same extent as if he had been inducted into the land or naval forces for training and service, had been relieved therefrom on the day on which the determination provided for in paragraph (2) is made (or on the day on which section 5 (n)

1

ceases to be operative, if he is still in any such employment on such day and no such determination has been made), and had been given the certificate referred to in subsection (a)."

SEC. 3. Section 10 of the Selective Training and Service Act of 1940, as amended, is amended by inserting at the end thereof a new subsection reading as follows: "(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."

SEC. 4. Section 11 of the Selective Training and Service Act of 1940, as amended, is amended by inserting after the period at the end thereof a new sentence reading as follows: "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] the Director of War Mobilization and Reconversion, or the agency designated by such director, 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 local board (which shall be subject to appeal in the same manner as is provided in section 10 (a) (2)] Director, or the agency so designated (which shall be subject to appeal in accordance with such regulations as such Director may prescribe) 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."

SEC. 5. Section 16 (b) of the Selective Training and Service Act of 1940, as amended, is amended by inserting "5 (n)," after "3 (d)," and by inserting at the end thereof a new sentence reading as follows: "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."

SEC. 6. The Soldiers' and Sailors' Civil Relief Act of 1940, as amended, is amended by inserting after section 107 a new section reading as follows:

"SEC. 108. The benefits of this Act, except as to Article IV, Insurance, 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