Congress asked to let Britain repair warships in U.S. yards (1-10-41)

The Pittsburgh Press (January 10, 1941)

CONGRESS ASKED TO LET BRITAIN REPAIR WARSHIPS IN U.S. YARDS
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Sweeping powers given President in aid-to-England measure
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By John R. Beal, United Press staff writer

Washington, Jan. 10 –
The administration’s historic measure for converting the United States into an “arsenal of democracy” was placed before Congress today with a surprise provision that would permit the repair and outfitting of British warships in American ports.

The bill, embodying President Roosevelt’s plan of lending American-made munitions to Britain, Greece and China, including supplies now in the possession of U.S. armed forces, was placed before the Senate and House simultaneously by Democratic Leaders Alben W. Barkley and John W. McCormack.

The measure contained five essential points and was broadly drawn to permit extension of American aid to any government “whose defense the President considers to be vital to the defense of the United States.”

Utmost speed urged

The bill contained no funds, but is sweeping enabling legislation, Mr. Roosevelt said he would ask for appropriations after the present legislation has been approved. He stressed at a press conference that Congress should act with the utmost speed.

Giving the President virtually unlimited power, the measure provided for:

  1. The sale, leasing, lending or other disposition of any war materials to “any country whose defense the President deems vital to the defense of the United States,” including both new material and equipment now in hand.
  2. Authority to test, repair, outfit or otherwise place in good working order any defense article of a friendly belligerent. For example, it would be possible for ships of the British fleet to be repaired in the Brooklyn Navy Yard if the President considered it in the interest of our national defense to do so.
  3. The manufacture of war materials for friendly foreign governments in both government-owned and privately-owned arsenals, factories and shipyards.
  4. The communication to any friendly government any information pertaining to any defense article actually furnished to that government, including designs, blueprints, and information for using the equipment.
  5. The release of any defense article for export, eliminating restrictions in the Espionage Act of 1917 and in the Embargo Act of July 2, 1940.

In a joint statement, Messrs. Barkley and McCormack said that the repair provision “is broad enough to permit the use of any of our military, naval or air bases to outfit and repair the weapons of countries whose defense is vital to the defense of the United States.”

Decisions up to President

While the bill theoretically would grant similar rights of refuge to warships or armed merchantmen of Britain, Greece and China, there was little likelihood that any nation except Britain would be in a position to make use of the proffered facilities.

Messrs. Barkley and McCormack said:

It could conceivably mean that the British battle cruiser Renown could be repaired in the Brooklyn Navy Yard if the President considered it in the interest of our national defense.

Messrs. Barkley and McCormack emphasized that it does not authorize the use of American war vessels to deliver war materials to combat areas.

The bill, however, placed no limit on the amount of materials on hand or on order which could be loaned to Great Britain, China, or Greece, except that the Chief of Naval Operations or the Army Chief of Staff would have to sign a certificate that the equipment no longer is essential to our armed forces in cases involving the transfer of equipment on hand.

Discussing the provision for manufacture of foreign articles in government-owned factories, arsenals and shipyards, Messrs. Barkley and McCormack said.

This means that we shall be producing the same materials for our friends as for ourselves. It should eliminate double assembly lines in our factories and should help to standardize our war materials among the democracies. The power to manufacture under this provision does not carry with it a waiver of the Eight-Hour Act, the Walsh-Healey Act, the Wagner Act and similar domestic legislation.

Re-transfer limited

The bill forbids any foreign country which obtains defense articles or defense information from the United States from transferring them to any other country without the consent of the President.

Messrs. Barkley and McCormack said the measure also enables the United States to buy war materials in the American republics, Canada or other countries whose defense is vital to us, if such materials are not readily obtainable in this country.

About 20 senators were in the chamber when Senator Barkley introduced the bill. He told the Senate merely that it “carried out the President’s lend-lease plan which has been discussed in the press.” He asked that it be referred to the Foreign Relations Committee and a cop of his formal statement, together with the bill, be printed in the Congressional Record.

Johnson listens intently

The veteran Senate isolationist, Hiram W. Johnson (R-CA) listened intently, with his hand held over one ear, as Senator Barkley introduced the measure.

Senator Arthur H. Vandenberg (R-MI), who has played a leading oratorical role in the fight of Senate isolationists against President Roosevelt, coughed nervously and asked whether both the House and Senate committees would meet simultaneously. Senator Barkley replied that “the procedure would be desirable.”

Actual introduction of the measure was delayed as Vice President John N. Garner, presiding in the chair administered the oath of office to George D. Aiken, newly elected Republican Senator from Vermont. The only other interruption was the customary morning prayer by Rev. Ze Barney T. Phillips.

Martin given copy

In the House, Mr. McCormack walked into the chamber a few minutes before the gavel fell at noon and handed Minority Leader Joseph Martin what appeared to be a copy of the bill.

Immediately after the prayer, he walked to the Speaker’s rostrum and handed the measure to a clerk, instead of dropping it into the hopper. It was referred to the Foreign Affairs Committee at Mr. Rayburn’s direction.

Only a handful of the membership witnessed the start of the historic measure through the House.

Prior to the introduction of the bill, Mr. Roosevelt renounced at a press conference any personal ambition for the “blank check” authority which the measure would confer upon him. But he indicated that in the interest of speed it was essential that the power of the administration be centered in as few hands as possible.

G.O.P. not consulted

The measure itself was entitled “An Act to Promote the Defense of the United States” and contained a clause that its basic provisions could be carried out “notwithstanding the provisions of any other law.”

In the House, Mr. Martin complained that no Republican legislators were consulted in the drafting of the bill and asked if it was to be a “party bill or a non-partisan measure.”

Mr. McCormack said that the Secretaries of War and Navy were represented in the discussion and both are Republicans.

Mr. McCormack argued he was not looking for political labels, but if he were to do so it “would take a hard search” to find a Democrat among the businessmen leaders on the Defense Commission.

Objection withdrawn

Mr. Martin countered he had no intention of injecting politics into the aid-to-Britain program but wanted to point out that no Republican members of Congress were consulted in the drafting of the unprecedented measure.

Formal objection to Mr. McCormack’s request to print the bill in the Record was filed and later withdrawn by Representative Edith N. Rogers (R-MA), who complained that the Foreign Affairs Committee, slated to guide the measure through the House, had not been consulted on its preparation.

Chairman Andrew J. May (D-KY) of the House Military Affairs Committee announced he might seek to take it away from the Foreign Affairs group.

Will consult committee

After hurriedly reading a copy of the bill on the floor, Mr. May told the House that if his committee so directed him, he would move to refer the measure to it. He told reporters he would call the Military Affairs group together Monday to determine the question.

He was asked:

Are you for this bill?

He replied emphatically:

Yes, sir, and yes, Ma’am.

The bill is clearly and unmistakably a plain national defense measure. It is so styled in its title. It relates to the handling of war materials.

When it was pointed out that the bill also refers to naval vessels, he replied:

If part of it involves the Naval Affairs Committee, I think we can agree which committee will handle it. The Military Affairs Committee is the senior committee.

Broad authority

The ship aid provision was contained in a section of the bill which would authorize the President and executive department heads to “test, inspect, prove, repair, outfit, recondition or otherwise place in good working order any defense article” for any government.

In authorizing the President and executive departments, such as the Army and Navy, to manufacture defense articles in our own arsenals and private factories for “any country whose defense the President deems vital to the United States,” the President also would be empowered to communicate to any such government any defense information pertaining to any defense article furnished by such government.

Limit only on funds

Thus the President would be given broad powers without limit except as to the amount of appropriations which Congress from time to time would be called upon to provide to carry out the program.

By permitting aid to any government “whose defense the President deems vital to the United States,” instead of naming specific nations, the measure would not have to be changed if other countries than Britain, Greece and China should enter the war against the Axis.

Terms are defined

The bill contains nine sections, the first of which is devoted to the title. The second defines the words “defense article” and “defense information.”

A defense article is defined as “any weapon, munition, aircraft, vessel, or boat; machinery, facility, tool, material, or supply necessary for the maintenance, production processing, repair, servicing or operation” of any defense article; any component material, or part of, or equipment for, any defense article; any “other commodity or article” for defense.

Defense information is described as “any plan, specification, design, prototype or information pertaining to” a defense article.

Repayment provided

The bill provides repayment of loans of defense articles “in kind or property, or any other direct or indirect benefit which the President deems satisfactory.”

Contracts and agreements entered into under the bill must “fully protect the rights of all citizens of the United States who have patent rights” in articles transferred.

The War and Navy Departments are also authorized to purchase or acquire arms, ammunition and implements of war produced within the jurisdiction of any country.

Speed is urged

The bill in its final section authorizes the President to promulgate such rules and regulations as may be necessary to carry it out.

Mr. Roosevelt at his press conference was emphatic in his insistence that speed is the cardinal requirement for Congress in handling the authorization act to permit “all out” assistance to Britain.

A delay of a week in passing the authorization means a wee’s delay in enacting subsequent appropriations, he said. A week’s delay in appropriations means a week’s delay in delivery.

Briefly, said the President, a week’s delay right now in Congressional action means that delivery of essential war materials next July will be at least a week late.

Won’t ask funds now

Mr. Roosevelt said that he does not expect to ask Congress for actual appropriations for the program until after it completes action on the authorization bill. He said he felt he has no power to request such an appropriation until the authorization measure is enacted.

Mr. Roosevelt would not make even a rough estimate of how much actual cash might be involved in the program, and made no reference to speculation that it might involve from $2-5 billion at the very outset. As in the case of appropriations for domestic defense, he said, his request for funds for the new program probably will fall into two categories:

  1. Actual cash needed immediately.
  2. Contract authorizations for which actual cash may not be needed for some time – perhaps until the calendar year 1942.

Mr. Roosevelt said he was not attempting to push anyone in calling for Congressional speed. But he said he feels it perfectly proper to point out the need for quick action.

Rules up to Senate

He dismissed as a matter for the Senate itself to decide an inquiry whether he felt the need for speed is sufficiently urgent to justify imposition of Senate closure to abbreviate debate on the controversial legislation.

Mr. Roosevelt said that the new legislation would not have the effect of repealing the Johnson Act which specifically prohibits extension of credits rto nations which defaulted on debts of the First World War.

In disclaiming any personal ambition for blank check powers, he said that a clause in the draft bill to the effect that its provisions shall apply “notwithstanding the provisions of any other law” is merely a usual phrase almost invariably placed in such measures to avoid a conflict of federal statutes.

Open to Latin America

Benefits of the new lend-loan authorization, will be open to Latin America as well as democracies resisting aggression everywhere in the world, the President said.

Mr. Roosevelt said that 99% of the impact of the new authorization measure will apply to new guns and material being produced or yet to be produced. But he added that he felt that there ought to be authorization in the new act to permit minor exception to the rule under which machines or material already on hand in the U.S. Army or Navy could be transferred to another power.

He emphasized, however, that such exceptions would be strictly minor – less than 1% of total material involved under the new authorization.

One case in mind

He said he had in mind one immediate case where five old planes are strategically vital for a nation which he said must remain anonymous, and those planes should be placed in a position where they could be transferred to this power, in a legal manner.

But he insisted that, even in this case, the planes would be transferred only because the administration has definite assurances that they would be replaced in America’s defense structure by five new, strictly modern planes within the next few weeks.

That authority to make exceptions to the rule, said the President, would not apply particularly to the possibility that transfer of additional World War destroyers might be ordered. There is no particular point in talking of such destroyer transfers, he said, because no one has suggested such transfers.

Speed emphasized

Then, Mr. Roosevelt launched into an extensive discussion of the necessity for Congressional celerity in approving the authorization. He said he honestly felt that speed is a great essential because the measure relates primarily to placing new orders for weapons and machines. These orders require a great many months for actual filling, he said.

Mr. Roosevelt differentiated sharply between the authorization measure which went to Congress today and the appropriations which will be requested subsequently. He emphasized that the bill which went to Congress at noon was simply an authorization.

Mr. Roosevelt said it is idle to talk of any overall contracts with Britain or any other power to which American arms and material will be made available. Such a contract, he said, would obviously be impossible. Conditions are changing from day to day, and any contract provision would have to be revised on the basis of events.

But he told correspondents that they might rest assured that complete records would be maintained of all loans or leases of war materials and that the records would be checked and double-checked.

Quick action was promised by Democratic leaders – Senator Alben W. Barkley and Representative John W. McCormack – who will sponsor the bill. Hearings are expected to start in the House not later than next Tuesday.

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