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2 CLARIFY SECTION 3709 (U. S. C., 1934 EDITION TITLE 41, SEC. 5) regulation, many motor common carriers continued to handle Government traffic under the competitive-bid method. This practice is particularly prevalent today in the transportation of household goods, office furniture equipment and similar commodities if moved for the Government as well as in the movement of general freight. The practice has resulted in widespread demoralization of the published and filed rates of all motortruck common carriers and this condition can be shown clearly to have the same effect on established railroad rates. Under of Date of June 21, 1938, the Branch of Supply Department, Procurement Division, recognizing the existing conditions issued its circular letter No. 309 which set forth sound principles and correction of the evil. But because of the apparent conflict with the United States Statutes 3709 as raised by the General Accounting Office, the circular letter was withdrawn on July 11, 1938, and the industry again was plunged into an even greater degree of chaos.
An appeal to the Comptroller General was made and on October 10, 1939, he suggested that "what the common carriers by motor vehicles apparently desire could be most easily accomplished by the enactment
of a provision substantially as follows: That section 3709, Revised Statutes (U. S. C., title 41, sec. 5), shall not hereafter be regarded or construed as requiring advertising for bids in connection with the procurement of transportation services when the services required can be procured from any common carrier subject to the provisions of the Interstate Commerce Act, as amended.'”
S. 3974 is approved by the traffic section, Branch of Supplies, Procurement Division, Treasury Department. (This department under Presidential order is recognized as the traffic agency for the United States Government.)
Relief as will be obtained by the various Government departments under this measure will be most welcome in permitting such departments to select transportation service at predetermined rates as are on file with the Interstate Commerce Commission. (Government departments would likewise retain the right to exercise bid procedure if they would so elect.) · The for-hire motor carrier industry as represented by some 30,000 operators would be placed on an equal footing with all other transportation agencies through recognition of their common-carrier status and
properly filed tariffs, and being in position to handle Government traffic on rates as recognized by the Interstate Commerce Commission, such carriers could insure meeting all demands for expansion of service for national defense.
S. 3974, therefore, carries out the suggestion of the Comptroller General and the recommendation of the Household Goods Carriers' Bureau and the American Trucking Associations.
PREVENTION OF SUBVERSIVE ACTIVITIES AND
REGISTRATION OF ALIENS
JUNE 10 (legislative day, May 28), 1940.-Ordered to be printed
Mr. CONNALLY, from the Committee on the Judiciary, submitted the
[To accompany amendment in the nature of a substitute) to H. R. 5138)
The Committee on the Judiciary have had under consideration the amendment (in the nature of a substitute) intended to be proposed by Mr. Connally (on behalf of the Committee on the Judiciary) to the bill (H. R. 5138) to make unlawful attempts to interfere with the discipline of the Army, the Navy, and the Coast Guard; to require the deportation of certain classes of aliens; to require the fingerprinting of aliens seeking to enter the United States; and for other purposes. The committee have authorized Mr. Connally to propose the amendment on behalf of the committee, and recommend that the amendment be agreed to.
The general purposes of the amendment are the same as those of the bill in the form in which it was reported from the committee on May 29, 1940. However, after the bill was reported, a number of questions arose in connection therewith which seemed to the committee to warrant its further consideration. After considering these questions, the committee was of the opinion that a number of changes should be made in the bill in addition to those recommended when it was reported. In order that the matter may now be considered by the Senate in an orderly and expeditious manner, the committee recommend that the Senate consider the provisions contained in the proposed amendment in lieu of those contained in the reported bill, and that the provisions of the amendment be substituted for the provisions now in the bill.
The general purposes of the bill, and of the amendment, may be summarized as follows:
(1) To prohibit the advocacy of insubordination, disloyalty, mutiny, or refusal of duty in the military or naval forces of the United States. (2) To prohibit the advocacy of the overthrow or destruction of any government in the United States by force or violence.
(3) To add several additional grounds for the deportation of aliens to those already provided by law.
(4) To permit the suspension, subject to congressional review, of deportation of aliens in certain "hardship cases" when the ground for deportation is technical in nature and the alien proves good moral character.
(5) To require the registration and fingerprinting of aliens.
EXPLANATION OF THE AMENDMENT
The following statement is submitted in explanation of the provisions of the amendment in the nature of a substitute:
Section 1 makes it unlawful for any person, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces, to advocate or cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States, or to distribute any written or printed matter which advocates such insubordination, disloyalty, mutiny, or refusal of duty.
Section 2 makes it unlawful for any person to knowingly or willfully advocate, or (with the intent to cause the overthrow or destruction of any government in the United States) to publish or circulate any written or printed matter which advocates, or to organize any society or group (or knowing the purposes thereof to affiliate with any such society or group) which advocates, the overthrow or destruction by force or violence of the Government of the United States, the
government of any State, Territory, or possession of the United States, the government of the District of Columbia, or the government of any political subdivision of any of them.
Section 3 makes it unlawful to attempt or conspire to commit any of the acts prohibited by this title.
Section 4 provides for the taking under a search warrant of any written or printed matter intended to be used in violation of the act. Section 5 fixes the penalties for violation of this title.
Section 20 amends section 19 of the Immigration Act of February 5, 1917, by adding thereto several new subsections, the principal provisions of which are as follows:
Subsection (b) provides that, in addition to aliens who are deportable under other provisions of law, the following aliens shall be taken into custody and deported: Aliens who knowingly and for gain have assisted any other alien to enter or to try to enter the United States in violation of law, aliens who have been convicted of possessing and of carrying certain firearms in violation of law, and aliens convicted of violating the provisions of title I of this bill.
Subsection (c) provides that in certain cases, generally those in which aliens are deportable solely because of illegal entry, the Attorney General may allow aliens to depart at their own expense, or may, subject to congressional review, suspend orders of deportation where deportation would result in unwarranted hardship. Subsection (d) provides that the benefits of subsection (c) shall not be extended to aliens who are deportable on grounds which may be generally described as those grounds which indicate that such aliens are likely to be undesirable residents.
Section 21 of the amendment amends an act of February 18, 1931, which provides for the deportation of aliens convicted and sentenced for violation of narcotics laws, so as to provide for the deportation under such act of aliens convicted of violating the narcotics laws of any State, Territory, possession, or the District of Columbia, as well as those of the United States, and so as to provide for deportation on account of violations of laws relating to marihuana as well as laws relating to other narcotics.
Section 22 provides that aliens shall not be deportable under amendments made by this title on account of acts committed prior to the date of enactment of this act.
Section 23 amends the act of October 16, 1918, which provides for the exclusion and deportation from the United States of aliens who are members of the anarchistic and similar classes, so as to provide that no alien shall be admitted to the United States who has at any time been a member of such classes, and to also provide that any alien who has been a member of such classes at any time after his admission to the United States (for no matter how short a time or how far in the past so long as it was after the date of entry), shall be deported.
This title provides for the registration and fingerprinting of aliens.
Section 30 provides for the registration and fingerprinting of aliens entering the United States after the effective date of this section.
Section 31 requires the registration and fingerprinting of aliens already in the United States, and aliens who might in any manner gain admission to the United States without being registered and fingerprinted under section 30. Under this section aliens less than 14 years of age are not required to be fingerprinted, but they must be registered.
Section 32 fixes the time within which registration is required for alie in the United States on the effective date of sections 30 and 31, provides an exemption from the registration and fingerprinting provisions for officials of foreign governments and members of their families, and authorizes special regulations to be made for the registration and fingerprinting of special classes of aliens.
Section 33 provides for the registration and fingerprinting to be done at post offices or such other places as may be designated by the Commissioner of Immigration and Naturalization.
Section 34 provides for the preparation of the necessary forms, provides that registration and fingerprint records shall be secret and confidential, and provides that the information necessary for registration shall be submitted under oath.
Section 35 requires aliens who are registered to notify the Commissioner of Immigration and Naturalization concerning their whereabouts.
Section 36 prescribes the penalties for failure to register, for false registration, and for failure to give the required notice concerning the whereabouts of an alien.
Section 37 contains authority to make necessary rules and regulations and other administrative provisions.
Section 38 contains definitions and also fixes the effective date of the registration and fingerprinting requirements at 60 days after the date of enactment of the act.
Section 39 authorizes the President to provide for the registration and fingerprinting of aliens in the Panama Canal Zone. It is necessary to make special provision for the Canal Zone because it is not within the jurisdiction of the Immigration and Naturalization Service and that Service has no representatives there.
This title contains the customary separability clause and a short title for the act.
For the information of the Senate, the provisions of existing law which are specifically amended by this bill are printed below. The existing law is printed in Roman, with matter proposed to be stricken out enclosed in brackets, and the new matter proposed to be inserted is printed in italic.
(Section 20 of the amendment amends section 19 of the Immigration Act of February 5, 1917, as indicated below:)
SEC. 19. (a) At any time within five years after entry, any alien who at the time of entry was a member of one or more of the classes excluded by law; any alien who shall have entered or who shall be found in the United States in violation of this Act, or in violation of any other law of the United States; any alien who at any time after entry shall be found advocating or teaching the unlawful destruction of property, or advocating or teaching anarchy, or the overthrow by force or violence of the Government of the United States or of all forms of law or the assassination of public officials; any alien who within five years after entry becomes a public charge from causes not affirmatively shown to have arisen subsequent to landing; except as hereinafter provided, any alien who hereafter is sentenced to imprisonment for a term of one year or more because of conviction in this country of a crime involving moral turpitude, committed within five years after the entry of the alien to the United States, or who is sentenced more than once to such a term of imprisonment because of conviction in this country of any crime involving moral turpitude, committed at any time after entry; any alien who shall be found an inmate of or connected with the management of a house of prostitution or practicing prostitution after such alien shall have entered the United States, or who shall receive, share in, or derive benefit from any part of the earnings of any prostitute; any alien who manages or is employed by, in, or in connection with any house of prostitution or music or dance hall or other place of amusement or resort habitually frequented by prostitutes, or where prostitutes gather, or who in any way assists any prostitute or protects or promises to protect from arrest any prostitute; any alien who shall import or attempt to import any person for the purpose of prostitution or for any other immoral purposes; any alien who, after being excluded and deported or arrested and deported as a prostitute, or as a procurer, or as having been connected with the business of prostitution or importation for prostitution or other immoral purposes in any of the ways hereinbefore specified, shall return to and enter the United States; any alien convicted and imprisoned for a violation of any of the provisions of section four hereof; any alien who was convicted, or who admits the commission, prior to entry, of a felony or other crime or misdemeanor involving moral turpitude; at any time within three years after entry, any alien who shall have entered the United States by water at any time or place other than as designated by immigration officials, or by land at any place other than one designated as a port of entry for aliens by the Commissioner of Immigration and Naturalization, or at any time not designated by immigration and naturalization officials, or who enters without inspection, shall, upon the warrant of the Secretary of Labor, be taken into custody and deported: Provided, That the marriage to an American citizen of a female of the sexually immoral classes, the exclusion or deportation of which is prescribed by this Act, shall not invest such