Evening star., 1941-01-31

new subsection (b) to Section S Of
this bill, which requires reports to
the Congress Of the details OF the
transactions disposing of defense
articles. The act of June IS,
1910, does not require such re-
porting to the Congress.
Section of H. r. 1776 Is in
tended as a limitation upon the
powers granted by the bill and as
a protection to the Government.
1t retains part of the control in
the United States Government
over defense articles transferred
to any country whose defense Is
vital to the defense of the United
States. Thus, for example, rifles
transferred to Britain for the de-
fense of the British Isles could
not be transferred by Britain to
any country without first obtain
ing the consent of the President
of the United States.
Section of the bill requires
the keeping of accurate and de-
tailed records showing the guam
tity, character, value, terms of
disposition, and the destination
of the defense articles and infor-
nation transferred to any for
eign government. 1t also requires
the reporting Of such information
to the Congress, insofar as it Is
compatible with the public in
terest TO do so. 1t also requires
reporting to the administrator of
export control.
Section 6 of H. r. 1776 con-
tains an authorization for an ap-
preparation. Such an authorize
ton, of course, does not appro-
pirate funds nor does 1t make
available Immediately funds
which can be used to manufac-
ture or procure defense articles
for disposition pursuant to the
bill. Article I. Section 9, Clause
of the Constitution provides that:
No money shall be drawn from
the Treasury, but in consequence
of appropriations made by law;
and regular statement and ac-
count of the receipts and ex-
penditures of all public money
shall be published from time to
time.
Illegal to Commit Government
Unless Congress Appropriates.
1t is, therefore, illegal to con-
tract or otherwise to commit the
Government, unless Congress has
appropriated funds therefor, or
authorized the commitment
Paragraph (b) of Section 6
provides, in effect, a revolving
fund. so that any moneys COL
lected from the disposition of
articles pursuant to the bill can
be used for two years to manu-
factu-e or procure equipment
under the bill. This is a custom
ary anG valid provision. Article
I, section 8, clause IL of the Con-
Stitution provides that Congress
shall have the power
ITO raise and support armies,
but no appropriation of money
to that use shall be for a longer
term than two years"
1t is well known that the pur-
pose of this constitutional provi-
sion is TO prevent a large stand
ing Army without the constant
check and surveillance of the
Congress through the means of
appropriations. 1t should be
noted that this provision of the
Constitution. neither by its terms
nor its spirit, applies to appro-
priation for military equipment
or defense articles. See 5000
Is Op. Atty. Gen. los. 1t has
long been customary for the Con-
gress to provide for revolving
funds in connection with military
and naval equipment. During
the World War there were in
Vulnerable statutes making pro-
vision for similar revolving funds.
A similar provision is contained
in the act of October 10, 1910
pub. Res No. 829. Seventy-sixth
Cong-The Requisitioning Act
A provision virtually identical
for present purposes was included
In the act of June IS, 1910 Pub.
Res. No. SO, Seventy-sixth Cong).
This is the act authorizing ma