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AUTHORIZING THE SECRETARY OF WAR TO SELL, LOAN, OR GIVE SAMPLES OF SUPPLIES AND EQUIPMENT TO PROSPECTIVE MANUFACTURERS

JUNE 23, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. ANDREWS, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 1972]

The Committee on Military Affairs, to whom was referred the bill (S. 1972) to authorize the Secretary of War to sell, loan, or give samples of supplies and equipment to prospective manufacturers, having considered the same, report favorably thereon with a recommendation that it do pass.

This bill is recommended by the War Department for enactment into law. It authorizes the Secretary of War, in his discretion and under rules, regulations, and limitations which he may prescribe, to sell, loan, or give to contractors and private firms which are or may likely be manufacturers or furnishers of supplies and equipment for the use of the War Department or of the Army, under approved production plans, such drawings, manufacturing, and other information, and samples of supplies and equipment to be manufactured or furnished, as the Secretary of War may consider will best promote the interests of national defense. In reporting this legislation favorably, the War Department points out relative to its procurement program that in some instances it is necessary to furnish samples to manufacturers, which samples in order to serve their purpose are ordinarily disassembled and dissected and thus lose their original identity and usefulness. The Department advises further that though these articles are generally those classified as expendable items when used by the Army, there is no legal authority to drop them from the property accountability of the Army when the action concerned is taken by a civilian agency.

Letter from the War Department, under date of March 16, 1937, follows: MARCH 16, 1937.

Hon. MORRIS SHEPPARD,

Chairman, Committee on Military Affairs,

United States Senate.

DEAR SENATOR SHEPPARD: There is enclosed a draft of a bill to authorize the Secretary of War to sell, loan, or give samples of supplies and equipment to prospective manufacturers, which the War Department presents for the consideration of the Congress with a view to its enactment into law.

No existing laws will be affected by this proposed bill. The need of the authority extended by this proposed bill is principally in connection with plans for war procurement. In order that civilian commercial facilities may become familiar with the manufacture of certain items of war munitions not directly related to their peacetime production, particularly some of the articles required by the Ordnance Department and Chemical Warfare Service, and to assist these civilian concerns in making plans and estimates, in connection with their manufacture, it is found necessary in some instances to furnish samples which in order to serve their purpose are ordinarily disassembled and dissected and thus lose their original identity and usefulness. Though these articles are generally those classified as expendable items when used by the Army, there is no legal authority to drop them from the property accountability of the Army when the action concerned is taken by a civilian agency.

This aid and cooperation on the part of industry in promoting national defense is offered by manufacturers without financial remuneration, and is rendered solely as a patriotic expression of willingness to assist the War Department in making plans for war production. Under the proposed bill the rules, regulations, and limitations of the authority requested are left to the discretion of the Secretary of War.

This proposed legislation was submitted to the Bureau of the Budget, which reports that it is not in conflict with the financial program of the President.

Sincerely yours,

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APPOINTMENTS

TO THE UNITED STATES MILITARY ACADEMY MADE UPON THE RECOMMENDATION OF THE GOVERNOR OF THE PANAMA CANAL

JUNE 23, 1937.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. THOMASON of Texas, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany S. 2295]

The Committee on Military Affairs, to whom was referred the bill (S. 2295) to amend the act approved June 7, 1935 (Public, No. 116, 74th Cong.; 49 Stat. 332), to provide for an additional number of cadets at the United States Military Academy, and for other purposes, having considered the same, report favorably thereon with a recommendation that it do pass.

This bill is recommended by the War Department for enactment into law. In the act approved June 7, 1935, to provide for an additional number of cadets at the United States Military Academy, and for other purposes, the following provision was made: "one to be selected by the Governor of the Panama Canal Zone, from among the sons of civilians of the Panama Canal Zone and the Panama Railroad, resident on the Zone." The bill S. 2295 proposes to amend the foregoing provision in the act of June 7, 1935, so as to make it read as follows: "one cadet to be selected by the Governor of the Panama Canal from among the sons of civilians residing in the Canal Zone and the sons of civilian personnel of the United States Government and the Panama Railroad Co. residing in the Republic of Panama."

The effect of the enactment of S. 2295 will be to permit the Governor of the Panama Canal to take into consideration in recommending for appointment to West Point the sons of civilian employees who reside in the contiguous cities of Colon, Panama, and New Cristobal. As the act of June 7, 1935, is now written, the Governor of the Panama Canal is restricted in making his appointments to the selection of the sons of civilians residing within the Canal Zone, and it does not permit the selection of sons of civilians residing outside of the Canal

Zone. The Governor advises that the exclusion from the benefits of the 1935 act of such a large number of Canal Zone employees will give rise to considerable justified dissatisfaction.

Letter from the War Department dated March 30, 1937, follows:

Hon. MORRIS SHEPPARD,

Chairman, Committee on Military Affairs,

MARCH 30, 1937.

United States Senate, Washington, D. C. DEAR SENATOR SHEPPARD: The Governor of the Panama Canal has called attention to the desirability of amending that part of the "Act to provide for an additional number of cadets at the United States Military Academy, and for other purposes", approved June 7, 1935 (Public, No. 116; 49 Stat. 332), which authorizes the selection by the Governor of the Panama Canal of a cadet from among the "sons of civilians of the Panama Canal Zone and the Panama Railroad, resident on the Zone", in order to include the sons of from 500 to 600 employees who have been completely overlooked. The Governor advises as follows in regard to the provision as enacted:

"The act referred to above authorizes the Governor of the Panama Canal to select a cadet in the following provision: 'one to be selected by the Governor of the Panama Canal Zone, from among the sons of civilians of the Panama Canal Zone and the Panama Railroad, resident on the Zone.' There appears to be no doubt that the provision restricts the selection to the sons of civilians residing within the Canal Zone and does not permit the selection of sons of civilians residing outside of the Canal Zone. The effect is to disqualify the sons of some 600 or more civilians who, although they are employed by the Government in the Canal Zone, reside in New Cristobal, Colon, or Panama.

"It is not believed that it was the intention of those who drafted the provision in question to exclude from eligibility the sons of those numerous civilian employees of the Government and the Panama Railroad Co. who reside in the contiguous cities of Colon and Panama and the fact seems to have been completely overlooked that the town of New Cristobal, where some 500 to 600 employees occupy United States Government quarters, is outside of the Canal Zone and within the political jursidiction of the Republic of Panama. The exclusion from the benefits of the act of such a large number of Canal Zone employees will give rise to considerable justified dissatisfaction.”

The Governor has drafted a bill designed to amend the act of June 7, 1935, in such a manner as to give effect to what is believed to have been the intent of those drafting the provision relating to the Canal Zone. The amendment would limit the selection of a cadet to the sons of civilians residing in the Canal Zone and the sons of civilian personnel of the United States Government and the Panama Railroad Co. residing in the Republic of Panama. No other changes are proposed in the substance of the original act.

A draft of bill as prepared by the Governor is submitted for the consideration of the Congress.

It is recommended that this bill be enacted into law. The Bureau of the Budget has advised that the proposed legislation would not be in conflict with the program of the President.

A similar letter is being sent to the Speaker of the House of Representatives. Sincerely yours,

HARRY H. WOODRING,
Secretary of War.

AMENDING OF EXISTING LAW BY THE BILL

In conformity with 2a of rule XIII of the House Rules there is herewith printed the provisions of the existing law expressly amended by the bill.

Existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, and existing law in which no change is proposed is shown in roman, as follows:

[PUBLIC LAW No. 116-74тH CONGRESS]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That hereafter there shall be allowed at the United States Military Academy three cadets for each Senator, Representative, Delegate

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