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OFFICE FOR EMERGENCY MANAGEMENT GENERAL PROVISIONS

[(e)] (a) The head of any constituent agency may delegate to any official in such agency or in the field offices of the Division of Central Administrative Services the authority to make appointments of personnel and he may also delegate to any official in the agency of which he is the head the authority to make other determinations necessary for the conduct of the administrative management within such agency.

[(f)](b) Any employee of any of the constituent agencies is authorized, when designated for the purpose by the head of such agency, to administer to or take from any person an oath, affirmation, or affidavit, when such instrument is required in connection with the performance of the functions or activities of such agency. [(g)] (c) The head of any of the constituent agencies is authorized, in connection with the operations of such agency, to consider, ascertain, adjust, determine, and certify claims against the United States in accordance with the Act of December 28, 1922 (31 U. S. C. 215), and to designate certifying officers in accordance with the Act of December 29, 1941, or to delegate authority to the Director of the Division of Central Administrative Services to designate employees of such Division as certifying officers to certify vouchers payable against the funds of the constituent agency concerned.

(d) The appropriations for the constituent agencies under the Office for Emergency Management and the Office of Price Administration for the fiscal year 1945 shall be available for the hire of motor-propelled passenger-carrying vehicles, and the appropriations for such agencies for the fiscal year 1944 shall be construed as having been available for such purpose.

[SEC 102. On the effective date of the Vocational Rehabilition Act Amendments of 1943, (1) the amounts appropriated in the first, second, and fourth paragraphs under the heading "Vocational Rehabilitation" in the Federal Security Agency Appropriation Act, 1944, shall be consolidated into one fund and shall be available for carrying out the provisions of the Vocational Rehabilitation Act Amendments of 1943; except that not to exceed $25,000 shall be available for administrative expenses in providing rehabilitation for disabled residents of the District of Columbia, including printing and binding, travel and subsistence; and (2) the amount appropriated in the fifth paragraph under the heading "Vocational Rehabilitation" in the Federal Security Agency Appropriation Act, 1944, shall be available for administrative expenses in carrying out the provisions of the Vocational Rehabilitation Act Amendments of 1943, and for carrying out the provisions of the Act entitled "An Act to authorize the operation of stands in Federal Buildings by blind persons, to enlarge the economic opportunities of the blind, and for other purposes," approved June 20, 1936 (49 Stat. 1559, 1560).]

GENERAL PROVISIONS

[(a)] SEc. 201. The [foregoing] appropriations [for the constituent agencies under the Office for Emergency Management] in this Act for salaries and expenses shall be available, in addition to the objects specified under each head, and without regard to section 3709, Revised Statutes (except as otherwise specified herein), for personal services in the District of Columbia and elsewhere; contract stenographic reporting services; lawbooks, books of reference, newspapers and periodicals; maintenance, operation, and repair of motor-propelled passenger-carrying vehicles; acceptance and utilization of voluntary and uncompensated services; and traveling expenses, including expenses of attendance at meetings of organiza tions concerned with the work of the agency from whose appropriation such expenses are paid, and actual transportation and other necessary expenses, and not to exceed $10 (unless otherwise specified) per diem in lieu of subsistence, of persons serving while away from their permanent homes or regular places of business in an advisory

capacity to or employed by any of such agencies without other compensation from the United States, or at $1 per annum, and including (upon authorization or approval of the head of any of such agencies) travel expenses to and from their homes or regular places of business in accordance with the Standardized Government Travel Regulations, including travel in privately owned automobile (and including per diem in lieu of subsistence at place of employment), of persons employed intermittently away from their homes or regular places of business as consultants and receiving compensation on a per diem when actually employed basis.

[(b)] SEc. 202. Whenever sums are set apart from the [foregoing] appropriations [for the constituent agencies under the Office for Emergency Management] in this Act for special projects (classified in the estimates submitted to Congress as or under "Other contractual services") expenditures may be made therefrom for traveling expenses, printing and binding, and purchase of motor-propelled passenger-carrying vehicles without regard to the limitations specified for such objects under the respective heads, but within such amounts as the Director of the Bureau of the Budget may approve therefor and such Director shall report to Congress each such limitation determined by him: Provided, That such limitations shall not apply where the special projects are performed by non-Government agencies.

[(c) There may be transferred from the appropriations for such constituent agencies to other Government agencies sums for the performance of work or services for the transferring agency but unless otherwise authorized by law, no other agency of the Government shall perform work or render services for any of the constituent agencies, whether or not the performance of such work or services involves the transfer of funds or reimbursement of appropriations, unless authority therefor by the Bureau of the Budget shall have been obtained in advance.] SEC. 203. With the prior approval of the Bureau of the Budget and under authority of section 601 of the Act of June 30, 1932, as amended (31 U. S. C. 686), orders for work or services to be performed by other agencies of the Government may be placed by any of the agencies whose appropriations are contained in this Act, but no agency shall perform work or render services with or without reimbursement (including the detail or loan of personnel) for any of the agencies whose appropriations are contained in this Act except in pursuance of orders so approved or under specific authority of other law. This provision shall not apply to the Office of Strategic Services.

[(d)] SEc. 204. The foregoing [general provisions (a), (b), and (c)] sections 201, 202, and 203 shall have no application to appropriations for the War Shipping Administration or to appropriations for Defense Aid.

SEC. 205. For the purposes of section 303 of the First Supplemental National Defense Appropriation Act, 1944, and any similar general provision for the fiscal year 1945, persons serving the Government at $1 per annum shall be considered as serving without compensation.

SEC. [201] 206. No part of any appropriation contained in this Act shall be used to pay the salary or wages of any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided, That for the purposes hereof an affidavit shall be considered prima facie evidence that the person making the affidavit does not advocate, and is not a member of an organization that advocates, the overthrow of the Government of the United States by force or violence: Provided further, That any person who advocates, or who is a member of an organization that advocates, the overthrow of the Government of the United States by force or violence and accepts employment the salary or wages for which are paid from any appropriation contained in this Act shall be guilty of a felony and, upon conviction, shall be fined not more than $1,000 or imprisoned for not more than one year, or both: Provided further, That the above penalty clause shall be in addition to, and not in substitution for, any other provisions of existing law.

[SEC. 202. The appropriations and authority with respect to appropriations contained herein for the fiscal year 1944 shall be available from and including July 1, 1943, for the purposes respectively provided in such appropriations and authority. All obligations incurred during the period between June 30, 1943, and the date of the enactment of this Act in anticipation of such appropriations and authority are hereby ratified and confirmed if in accordance with the terms thereof.]

SEC. 207. Whenever the Civil Service Commission shall find that within the Federal service in the District of Columbia basic daily or hourly pay rates, fixed by wage boards or similar administrative authority serving the same purpose, for mechanical crafts and trades and laborer positions are higher than rates for such positions authorized by the Classification Act of 1923, as amended, to such an extent as to cause undesirable competition for such services between units of the Government in the District of Columbia, said Commission is authorized to adjust from time to time and without regard to said Act the pay rates of such positions subject to the Classification_Act_to_the extent necessary to prevent such competition. This authority shall cease siz months after the termination of the present hostilities, at which time the adjusted rates shall revert to those prescribed by the Classification Act.

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THE UNITED STATES v. JOSEPH E. McWILLIAMS ET AL.

LETTER

FROM

THE CLERK, HOUSE OF REPRESENTATIVES

TRANSMITTING

A COPY OF A SUMMONS RECEIVED BY HIM FROM THE DISTRICT COURT OF THE UNITED STATES WITH REFERENCE TO PAPERS NOW IN THE POSSESSION OF THE HOUSE OF REPRESENTATIVES WITH REGARD TO JOSEPH E. McWILLIAMS ET AL.

APRIL 19, 1944.-Referred to the Committee on the Judiciary and ordered to be printed

OFFICE OF THE CLERK,

HOUSE OF REPRESENTATIVES,
Washington, D. C., April 18, 1944.

The Honorable the SPEAKER, HOUSE OF REPRESENTATIVES.

SIR: From the District Court of the United States for the District f Columbia, I have received a subpena duces tecum, directed to me s Clerk of the House of Representatives, commanding me to appear efore said court on the 20th day of April 1944, at 9:45 a. m., as a witness in the case of The United States v. Joseph E. McWilliams et al. No. 73086 Criminal Docket), and to bring with me certain and undry papers, therein described in the files of the House of Represenatives.

The papers in question are on file with the Clerk of the House of Representatives, pursuant to the rules of the House, having been eceived from the Special Committee to Investigate Nazi Propaganda Activities in the United States and Related Questions, authorized by House Resolution 198 of the Seventy-third Congress, and are now in possession of the House of Representatives in the custody of the Clerk. Your attention and that of the House is respectfully invited to a esolution of the House adopted in the Forty-sixth Congress, first

session (Congressional Record, p. 680), upon the recommendation of the Committee on the Judiciary, as follows:

Resolved, That no officer or employee of the House of Representatives has the right, either voluntarily or in obedience to a subpena duces tecum, to produce any document, paper, or book belonging to the files of the House before any court or officer, nor to furnish any copy of any testimony given or paper filed in any investigation before the House or any of its committees, or of any paper belonging to the files of the House, except such as may be authorized by statute to be copied and such as the House itself may have made public, to be taken without the consent of the House first obtained.

And to a resolution adopted by the House in the Forty-ninth Congress, first session (Congressional Record, p. 1295), from which the following is quoted:

Resolved, That by the privilege of this House no evidence of a documentary character under the control and in possession of the House of Representatives can, by the mandate or process of the ordinary courts of justice, be taken from such control or possession but by its permission.

That when it appears by the order of a court or of the judge thereof, or of any legal officer charged with the administration of the orders of such court or judge, that documentary evidence in the possession and under the control of the Houst is needful for use in any court of justice or before any judge or such legal officer for the promotion of justice, this House will take such order thereon as will promote the ends of justice consistently with the privileges and rights of this House

These resolutions resulted from the issuance of subpenas duces tecum upon the Clerk of the House to produce certain original papers in the files of the House.

Permission to remove from their place of file or custody any documents or papers was denied by the House, but the court was afforded facilities for making certified copies. This seems to have been the uniform practice in respect to subpenas duces tecum issued by a court upon the Clerk of the House to produce in court original papers from the files of the House.

The subpena in question is herewith attached and the matter is presented for such action as the House in its wisdom may see fit to take.

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Washington, D. C.

You are hereby commanded to appear in the District Court of the United States for the District of Columbia, at the courthouse, in the

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