Evening star., 1941-01-31
LeaseLend Bill Viii Keep S Out ofWa House Committee Claims

ITO test. inspect. prove, repair,
outfit, recondition, or otherwise
to place in good working order
any defense article for any such
government" Under this pro-
vision, the War Department
could, for example. test tanks
procured for Britain at its Aber-
deem Proving Ground, and the
Navy Department could repair
the H. M. S. George v in the
Norfolk Navy Yard, if the Presi-
dent deemed 1t in the interest
of the national defense to do so.
Here again the power is permis-
sive, not mandatory.
These permissive powers, if ex-
ercised, would not violate inter-
national law for the reasons
previously given In connection
with the discussion of paragraph
Cd of section 3 (a).
Paragraph "a Of section 3 (a)
enables the President to author
ize the Secretary of War, the
Secretary of the Navy, or the
head of any other department or
agency Of the Government, Ito
communicate to any such govern
ment any defense information
pertaining to any defense article
furnished to such government
under paragraph 90 Of this SUBJ
section" In addition to the ex-
planation about this subject pre-
viously given in this report, sew
eral other facts should be noted.
Within its limitations, this Sec
tion covers two practical situa-
tions. The first is where, for ex-
ample, a private individual or a
firm has patent on a particular
item of military equipment, such
as, for instance, the Sperry
bombsight In such case-prior
to recent legiSlation-it has been
the practice of the War and Navy
Departments to obtain contract
obligation from the holder of
the patent rights not TO disclose
the patent or military secret
without first obtaining the con- .
sent of the War or Navy Depart
ment. Normally, after new
sight is developed, the War and
Navy Departments consent to
the release of the information.
Under this section of the bill,
read together with section 7, the
release. for example, of the
Sperry bombsight to the Chinese
government could carry with it
the obligation on the part of
the Secretary Of War or the Sec
retary of the Navy to see to it
that the patent rights Of the
American holder were adequately
protected.
Permits Transfer Of Information
On Patents Held by Government.
Another type OF case is the one
where the Government itself
holds the patent to military or
naval discovery by reason of an
invention made by an employe of
the Government in the scope of
his governmental work and trans
ferred pursuant to statute to the
Government, or where the Gov
| ernment has otherwise obtained
such a patent in its own name.
Paragraph (4) of section 3 (a) of
| the bill enables tn President to
authorize the Secretary of War
or the Secretary of the Navy to
| communicate the defense infor-
nation relating to any such de-
fenSe article which has been
transferred to a country whose
defense is vital to the defense of
the United States.
Paragraph 80 of section 8 (a)
| enables the President to author
ize the Secretary of War, the Sec
retary of the Navy, or the head of
any other department or agency
of the Government. Ito release
for export any defense article to
any such government" This
provision does not in any way
modify or enlarge the right to
transport defense articles.
The intent and purpose of this
| paragraph is essentially twofold:
% AS already indicated, it pre-
walls over existing laws prohibit
ing the taking out of the United
States of vessels of war built for
a belligerent; and % it makes
| it possible for the Secretary Of
War, for example. to release for
export defense articles for Greece
| without requiring a license from
the administrator of export con-
troll pursuant to section 6 of the
act of July 2, 1910 pub. No. 703,
| 18th Cong0 However. it should
be noted that under Section S OF
the bill, as amended by your
committee, full and detailed re-
ports of the transactions must be
made to the Congress and to the
administrator of export control.
Subsection (b) Of section 3 has
| already been discussed in detail.
Subsections Co and Cd of sec
ton 3 are both committee amend
ments. Subsection (c) fixes the
terminal date of the powers
granted to the President or the
head of any department or
agency of the Government at
June 80. 1943, except that con-
tracts entered into before that
date, with a government whose
defense is vital to the defense of
the United States, may be carried
out. Thus, by way of Illustration,
a contact with such a country
made on December l, 1941, to
procure thousand pursuit planes
which would require 10 months
TO perform could be carried out
by delivery of the planes in Au-
gust of 1943. However, a similar
contract with such a country
could not be entered into on
July 2, 1943. In this connection
it should also be noted that in
addition to this time limitation
provided by this amended sub