competitive bidding may require duplication of investment or preparation already made, or will unduly delay procurement of such supplies." That is the way you get competition, having other firms do the same thing, if they want to go into it on the basis of advertising. It does not seem to me that should be one of the reasons for not advertising.

That practically leaves it to the one firm to get started on a certain new thing.

The CHAIRMAN. Probably you ought to add to that one "or will not result in a lower cost price to the agency."

Mr. KENNEY. Of course, if we do procure by advertisement, it probably will result in the Government possibly having to pay twice for the facilities that have been put in there.

Senator BYRD. You will have to do it unless you make a contractunless you make a purchase. You should know that when you award the bids, I should think. It seems to me what you are doing in this instance is to select one firm and discourage other firms from going into this new invention, or whatever it may be. I assume it would apply to many things.

Mr. KENNEY. Well, you have this facet of the problem: Suppose we have let the initial contract by a competitive bid, advertising. The contractor gets in a position of having his facilities in and has expended a great sum of money. We then want to place a new contract. If we call for advertising, he can underbid anyone else who comes in, because any other person who comes in is going to have to take into account the initial investment he is going to have to make. Therefore, this man can always underbid that person, and yet the price at which he underbids may still be an exorbitant price to us. Also, there is the fact that he has had one contract on which he has probably made a profit on which to recoup to a certain extent the cost of his facilities.

Senator BYRD. The same situation would apply, it seems to me, whether it is let by advertising or let by negotiation.

Mr. KENNEY. No, because nobody else can compete with the contractor who has gotten in a preferred situation.

Senator BYRD. That applies to all business; does it not. That is what business is. Business competition means that the man who can produce it cheaper and better gets the business.

Mr. KENNEY. All right, I may agree with you that we may want to award this fellow the contract, but we may not want to award it to him on the price which he may give it to us under advertising. Advertising under circumstances like that is many times an expensive luxury.

Senator BYRD. Negotiation without competition is an awful expensive luxury, too.

I get all the business I can in my business and advertise for them. whenever possible.

Mr. KENNEY. Senator, you are in a better situation as an individual than we are as the Government. We are many times forced to accept the lowest bid we get, when it still does not represent a fair price. Senator MAYBANK. You cannot reject it, Mr. Kenney?

Mr. KENNEY. We can reject them. We can reject them and then call for other bids, but what are we going to get? The same people are going to come in and bid. We have to have the authority in this case to drive down the price in the case of the manufacturer who

has gotten himself in a preferred position. I want to be able to bring in the competition. If we only rely on advertising in this case, we have eliminated competition.

The CHAIRMAN. I think the committee will be compelled to stop consideration of this bill at the moment. We will have to hold further hearings at a later date. We will schedule hearings at an early date so that we can clear up H. R. 1366.

Mr. KENNEY. Thank you very much, Mr. Chairman.

H. R. 3394-TO AMEND THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE EVACUATION AND RETURN OF THE REMAINS OF CERTAIN PERSONS WHO DIED And Are BURIED OUTSIDE THE CONTINENTAL LIMITS OF THE UNITED STATES," APPROVED MAY 16, 1946, IN ORDER TO PROVIDE FOR THE SHIPMENT OF THE REMAINS OF WORLD WAR II DEAD TO THE HOMELAND OF THE DECEASED OR OF NEXT OF KIN, TO PROVIDE FOR THE DISPOSITION OF GROUP AND MASS BURIALS, TO PROVIDE FOR THE BURIAL OF UNKNOWN AMERICAN WORLD WAR II DEAD IN UNITED STATES MILITARY CEMETERIES TO BE ESTABLISHED OVERSEAS, To AUTHORIZE THE SECRETARY OF WAR TO ACQUIRE LAND OVERSEAS AND TO ESTABLISH UNITED STATES MILITARY CEMETERIES THEREON, AND FOR OTHER PURPOSES

The CHAIRMAN. We will now take up H. R. 3394, and a copy of the bill will be printed in the record at this point. (The bill is as follows:)

[H. R. 3394, 80th Cong., 1st sess.]

AN ACT To amend the Act entitled "An Act to provide for the evacuation and return of the remains of certain persons who died and are buried outside the continental limits of the United States", approved May 16, 1946, in order to provide for the shipment of the remains of World War II dead to the homeland of the deceased or of next of kin, to provide for the disposition of group and mass burials, to provide for the burial of unknown American World War II dead in United States military cemeteries to be established overseas, to authorize the Secretary of War to acquire land overseas and to establish United States military cemeteries thereon, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of May 16, 1946, entitled "An Act to provide for the evacuation and return of the remains of certain persons who died and are buried outside the continental limits of the United States" (Public Law 383, Seventy-ninth Congress), is hereby amended to read as follows:

"That the Congress hereby declares it to be in the public interest to provide for the interment of the remains of certain persons who died on or after September 3, 1939, and whose remains are buried in places located outside the continental limits of the United States and could not be returned to their homeland for burial due to wartime shipping restrictions, by authorizing their permanent interment outside the continental limits of the United States or their evacuation and return either to their homeland or to the homeland of their next of kin, and to centralize in one agency the task of accomplishing the purpose of this Act. "SEC. 2. All activities herein provided for are hereby made a responsibility of the Secretary of War.

"SEC. 3. The Secretary of War is hereby authorized and directed upon application by the next of kin in the case of individual identified remains to return such remains to the homeland of the decedent or of his next of kin for interment at places designated by the next of kin, including national cemeteries provided such remains are entitled to interment therein; and he is further authorized at his own discretion in the case of group or mass burials, which include the remains of one or more known individuals, to cause them to be interred in such places as he may direct: Provided, That this Act shall apply only to the remains of persons who died on or after September 3, 1939, and are buried outside the continental limits of the United States, and who were

(a) members of the armed forces of the United States who died in the service;

(b) civilian officers and employees of the United States;

(c) citizens of the United States who served in the armed forces of any government at war with Germany, Italy, or Japan and who died while in such service and who were citizens of the United States at the time of such service;

(d) citizens of the United States whose homes are in fact in the United States and whose death outside the continental limits thereof can be directly attributed to the war or who died while employed or otherwise engaged in activities contributing to the prosecution of the war; and

(e) such other citizens of the United States, the disposition of the remains of whom under the provisions of this Act would, in the discretion of the Secretary of War, serve the public interest.

"SEC. 4. With respect to the remains of all persons who are included in the categories set forth in the preceding section of this Act, the Secretary of War is further authorized and directed upon application by the next of kin in the case of individual identified remains, and authorized at his own discretion in the case of unidentified remains and in all cases of identified remains which are not returned to the homeland under the provisions of this Act to inter the remains in United States military cemeteries etsablished outside the continental limits of the United States.

"SEC. 5. The Secretary of War is hereby authorized to acquire by purchase, gift, or devise, without submission to the Attorney General of the United States under the provisions of section 355 of the Revised Statutes (34 U. S. C. 520; 40 U. S. C. 255), land or interest in land in foreign countries necessary for the purposes of this Act, and to establish thereon United States military cemeteries. Cemeteries established by the Secretary of War under the authority of this Act are subject to the provisions of section 12, Public Law 456, Seventy-ninth Congress. "SEC. 6. The Secretary of War is authorized to prescribe such rules and regulations as may be necessary to carry out the purposes and provisions of this Act. "SEC. 7. There is hereby authorized to be appropriated from time to time such sums as may be necessary to carry out the provisions of this Act, said sums to be made available for civil functions administered by the War Department, 'Cemeterial expenses, War Department', to be expended under the direction of the Secretary of War.

"SEC, 8. This Act and the authority granted therein and all rules and regulations promulgated thereunder shall terminate on December 31, 1951, or upon such earlier date as may be specified in a proclamation by the President, or in a concurrent resolution by the two Houses of Congress as the date beyond which further continuance of the authority granted by this Act is not necessary in the public interest, whichever date is earliest: Provided, That as to any applications provided for under sections 3 and 4 filed prior to such termination date, the provisions of this Act and such rules or regulations promulgated pursuant thereto shall be treated as remaining in force for the purpose of providing for the return or overseas burial of remains in proper cases.

Passed the House of Representatives June 16, 1947.
Attest:

JOHN ANDREWS,

Clerk.

The CHAIRMAN. We will now hear from Mr. Galusha. Mr. GALUSHA. This bill rewrites Public Law 383 of the Seventyninth Congress, which authorizes the return of World War II veterans to this country. The War Department put in this bill to clarify the old act.

The CHAIRMAN. What are the differences between the old act and this one?

Mr. GALUSHA. The original bill authorized and directed the Secretary of War upon his own initiative to return to the homeland unidentified remains, and upon application of the next of kin to return to the homeland for final burial certain identified World War II veterans.

In other words, he was to return upon his own initiative unidentified remains, and upon the application of the next of kin to return to the homeland identified remains.

The word "homeland" was construed to mean the United States, the homeland of the deceased. In many cases, the next of kin resides in foreign countries. This act allows, where the next of kin resides in foreign countries, the Secretary to send these remains to other countries other than the United States.

With regard to returning the unidentified remains, there are many cases where there are mass burials overseas or group burials resulting from the destruction of tanks and planes to the extent it was impossible to separate the bodies or to individually identify the remains. Some of these group burials contained remains of Allied personnel, making their disposition a matter requiring negotiation with foreign

countries.

Undoubtedly, the desires of the next of kin will further complicate the disposition of remains in group and mass burials.

Consequently, the Secretary of War requests authority to make final interment either overseas or in the United States in order to logically dispose of each group or mass burial. He believes that the permanent interment overseas of unidentified remains will be more acceptable to the American public and would save the Government at least. $1,300.000.

Senator BYRD. Who believes that?

Mr. GALUSHA. The Secretary of War, sir. He thinks he should have latitude to leave the unidentified remains overseas and should have latitude in these mass burials to determine whether they should be returned or not.

He says it is impossible to separate them and bring them back to this country.

The CHAIRMAN. I have known of one particular case where there were five boys buried and four of the families wanted to leave the remains where they were and one wanted to bring them home. In this particular case, they did not know which ones were which. You would have to bring them all home.

So, this bill, as I understand it, will allow the Secretary of War to make the decision.

Mr. GALUSHA. That is right, sir, and to leave the unidentified remains overseas; whereas, the original bill said he would bring back the unidentified remains to this country. He said by leaving the unidentified remains there, it would save this country $1,300,000. He believes that it would be more acceptable to the people of this country to leave them there.

The CHAIRMAN. This bill does not in any way change the authority for the next of kin to bring the identified remains home.

Mr. GALUSHA. None whatever; it is just the same.

The CHAIRMAN. General North, does the War Department recommend this bill?

Mr. GALUSHA. The bill goes a little bit further. The part General Norton is objecting to is in another part of the bill. This bill also recognizes that not all the remains of World War II dead will be returned to this country.

The Secretary of War states that various economies in operation will result if permanent overseas cemeteries are established concurrently with the return of the remains to the homeland. Thus, if he can buy cemeteries when he is digging these bodies up overseas and move them all out at once and clean up a place, he can save money by

doing that. He asks for authority to buy land overseas and to establish national cemeteries overseas.

Senator BYRD. Have they not already done that?

Mr. GALUSHA. They have in some instances, but additional cemeteries will be required. We will need some in other countries, too, sir. We fought in this war in countries where we did not fight in World War I.

In the original bill it says:

All activities herein provided for are hereby made a responsibility of the Secretary of War.

The Battle Monuments Commission feel that this bill does not adequately take care of them, and they have suggested amendments to the bill in accord with the functions now given to that Commission. The CHAIRMAN. Do you mean the Battle Monuments Commission as headed by General Pershing?

Mr. GALUSHA. That is right, and of which General North is the Secretary, and Senator Maybank is a member of that Commission.

These are the amendments which that Commission recommends be made to the bill and which the War Department has concurred in. It has to do with the establishment of these cemeteries.

It amends section 2 by adding:

except as expressly reserved to the American Battle Monuments Commission by section 9 of this Act.

Then it adds a new section 9:

The American Battle Monuments Commission shall be solely responsible for the permanent design and construction of the cemeteries to be established in foreign countries under section 5 of this act and of all buildings, plantings, headstones, and other permanent improvements incidental thereto. The Secretary of War is authorized to undertake such temporary construction as will be necessary for the accomplishment of this act and to maintain such cemeteries in a suitable condition until such time as the functions of administration thereof shall pass to the American Battle Monuments Commission in accordance with section 12 of Public Law 456, Seventy-ninth Congress, or any other law.

Senator BYRD. Is the same provision about the cemeteries in World War I?

Mr. GALUSHA. It is in accord with the functions of the Battle Monuments Commission.

Senator MAYBANK. In World War I, they were formed with General Pershing, General Marshall, former Senator Reed of Pennsylvania, and the Commissioners always looked after the battle monuments overeseas.

STATEMENT OF BRIG. GEN. THOMAS NORTH, SECRETARY, BATTLE MONUMENTS COMMISSION

General NORTH. By inadvertence, it would appear the function or functions with respect to the cemeteries were given to the Secretary of War. Previously, by an informal undertaking between the Quartermaster General and the Battle Monuments Commission the Quartermaster General proposed that, according to the law, his functions be limited to the return of the dead and the establishment of those permanent cemeteries which are to remain overseas. Then, at that point the American Battle Monuments Commission would begin to take over to perform its functions, given in its basic law, to erect architectural work therein.