TRAINING OF ENLISTED MEN AS AVIATION STUDENTS

APRIL 29, 1941.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

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

REPORT
Ꭱ Ꭼ Ꮲ Ꮎ Ꭱ Ꭲ .

[To accompany H. R. 4449]

The Committee on Military Affairs, to whom was referred the bill (H. R. 4449) to authorize the training of enlisted men of the Army as aviation students, having considered the same, submit the following report thereon, with the recommendation that it do pass.

The purpose of this legislation is to authorize essential aviation training of enlisted men in grade so as to make possible the creation of an additional pilot group comprised of noncommissioned officers in appropriate grades and ratings, within the Air Corps with career advantages, for individuals who lack the educational qualifications required for appointment as flying cadets (officer-candidates); and to provide, without expense to the individual, Government life insurance in the amount of $5,000 for such personnel during their training period. Based on the provisions of existing law and guided by what the War Department believed to be the clear intent of Congress, as well as the cost and complexity of modern airplanes and their operation, War Department policy has in the past prescribed that, with the exception of officer-candidates undergoing training as flying cadets, all pilots should be commissioned officers. It now appears, however, that due to the proportions of the present expansion program and since other nations are utilizing successfully a certain percent of noncommissioned officer pilots, the War Department desires to adopt a definite plan for utilizing an appropriate percent of this class of personnel in its expansion program.

This legislation will effect an ultimate saving to the Government for it will enable the War Department to reduce the number of additional commissioned officers which otherwise would be required to fully carry out its extensive program of expansion.

This bill is reported as not being in conflict with the program of the President. It does not amend existing law.

Attached hereto and made a part hereof is letter from the War Department.

H. Repts., 77-1, vol. 2- 96

The SPEAKER, HOUSE OF REPRESENTATIVES.

APRIL 18, 1941.

DEAR MR. SPEAKER: There is enclosed herewith draft of a bill to authorize the training of enlisted men of the Army as aviation students, which the War Department recommends be enacted into law.

The purpose of the proposed legislation is to authorize essential aviation training of enlisted men in grade so as to make possible the creation of an additional pilot group comprised of noncommissioned officers, in appropriate grades and ratings, within the Air Corps with career advantages, for individuals who lack the educational qualifications required for appointment as flying cadets (officer candidates); and to provide, without expense to the individual, Government life insurance in the amount of $5,000 for such personnel during their training period.

Legislative authority to conduct aviation training, including pilot instruction, of enlisted men in grade is deemed necessary because of the mandatory character of the language used in the act of July 11, 1919 (41 Stat. 109, 10 U. S. C. 297), which provides in part:

"Aviation students shall be enlisted in or appointed to the grade of flying cadet, Air Service, which grade is hereby established."

Though the act of July 2, 1926 (44 Stat. 780, 10 U. S. C. 291f), provides in pertinent part that "on and after July 1, 1929, and in time of peace, not less than 20 per centum of the total number of pilots employed in tactical units in the Air Corps shall be enlisted men, except when the Secretary of War shall determine that it is impractical to secure that number of enlisted pilots," it has been held that this act did not change the mandatory provisions of the act of July 11, 1919, that all enlisted aviation students must be trained in the grade of flying cadet.

Based on the above provisions of existing law and guided by what the Department believed to be the clear intent of Congress as well as due to the cost and complexity of modern airplanes and their operation, War Department policy has in the past prescribed that, with the exception of officer candidates undergoing training as flying cadets, all pilots should be commissioned officers. It now appears, however, that due to the proportions of the present expansion program and since other nations are utilizing successfully a certain percent of noncommissioned officer pilots, the War Department should adopt a definite plan for utilizing an appropriate percent of this class of personnel in its expansion program.

This legislation if enacted into law will effect an ultimate saving to the Government for it would enable the Department to reduce the number of additional commissioned officers which otherwise would be required to fully carry out its extensive program of expansion.

The Bureau of the Budget advises that there is no objection to the submission of this proposed legislation for the consideration of the Congress.

Respectfully,

ADVERTISEMENTS FOR BIDS FOR QUARTERMASTER SUPPLIES

APRIL 29, 1941.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed

Mr. SHAFER of Michigan, from the Committee on Military Affairs, submitted the following

REPORT

[To accompany H. J. Res. 55]

The Committee on Military Affairs, to whom was referred the joint resolution (H. J. Res. 55) to repeal section 3716 of the Revised Statutes, as amended, having considered the same, submit the following report thereon, with the recommendation that it do pass.

The purpose of the above legislation is to repeal title 10, section 1202, United States Code Annotated, passed in 1866, which requires the Quartermaster Corps of the Army, in obtaining supplies for the military service, to give preference to articles produced and manufactured on the Pacific coast, conditions of price and quality being equal. This will eliminate situations where in the case of tie bids for articles to be purchased for use by the Army, awards must now be given the bidder whose articles are produced on the Pacific coast, resulting in discrimination against manufacturers in the other 45 States.

Attached hereto, and made a part hereof, is a letter from the War Department of date March 14, 1941.

MARCH 14, 1941.

Hon. ANDREW J. MAY,

Chairman, Committee on Military Affairs,

House of Representatives, Washington, D. C.

DEAR MR. MAY: Careful consideration has been given to House Joint Resolution 55, to repeal section 3716 of the Revised Statutes, as amended, which was transmitted to the War Department, with the request that the committee be furnished a report, in triplicate, setting forth the views of the War Department thereon.

Section 3716, Revised Statutes, as amended by section 3 of the act of August 24, 1912 (37 Stat. 591, 10 U. S. C. 1202) provides as follows:

"The Quartermaster Corps of the Army, in obtaining supplies for the military service, shall state in all advertisements for bids for contracts that a preference

shall be given to articles of domestic production and manufacture, conditions of prices and quality being equal, and that such preference shall be given to articles of American production and manufacture produced on the Pacific coast, to the extent of the consumption required by the public service there. In advertising for Army supplies the Quartermaster Corps shall require all articles which are to be used in the States and Territories of the Pacific coast to be delivered and inspected at points designated in those States and Territories; and the advertisements for such supplies shall be published in newspapers of the cities of San Francisco, in California, and Portland, in Oregon."

Sections 2 and 3, title III, act of March 3, 1933 (47 Stat. 1520, 41 U. S. C. 10 a and b), provide in pertinent part as follows:

"Notwithstanding any other provision of law, and unless the head of the department or independent establishment concerned shall determine it to be inconsistent with the public interest, or the cost to be unreasonable, only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States, shall be acquired for public use.

* *

*

"Every contract for the construction, alteration, or repair of any public building or public work in the United States, growing out of an appropriation heretofore made or hereafter to be made, shall contain a provision that in the performance of the work the contractor, subcontractors, materialmen, or suppliers, shall use only such unmanufactured articles, materials, and supplies as have been mined or produced in the United States, and only such manufactured articles, materials, and supplies as have been manufactured in the United States substantially all from articles, materials, or supplies mined, produced, or manufactured, as the case may be, in the United States *

Comparison of the statute sought to be repealed and the one last above-quoted, discloses that the provisions of section 3716, Revised Statutes, are superseded by sections 2 and 3 of title III, act of March 3, 1933, except as to the requirements that preference shall be given to all articles produced on the Pacific coast to the extent of the consumption required by the public service there; that in advertising for Army supplies, the Quartermaster Corps shall require articles to be used in the States and Territories of the Pacific coast to be delivered and inspected at points designated in those States and Territories; and that advertisements for such supplies shall be published in newspapers of San Francisco, Calif., and Portland, Oreg.

Section 3716, Revised Statutes, originally constituted a part of the act of July 13, 1886 (14 Stat. 92).

Inadequate transportation facilities between the Atlantic and Pacific coasts may have been a moving influence in bringing about this legislation. Since the time of its enactment there has been a material improvement in such facilities and, insofar as the transportation feature may have been responsible for the enactment of section 3716, that reason has largely disappeared. It is not the policy of the War Department to favor one section of the country over another, and for this reason the War Department has no objection to the passage of House Joint Resolution 55.

The Bureau of the Budget advises that there is no objection to the submission of this report.

Sincerely yours,

HENRY L. STIMSON, Secretary of War.

In conformity with paragraph 2-a of Rule 13, of the House Rules, there are printed in parallel columns the existing law and the provisions of the proposed bill:

EXISTING LAW

(Sec. 3716, Rev. Stats., as amended by sec. 3 of the act of August 24, 1912, 37 Stats. 591, 10 U. S. C. 1202)

Advertisement for quartermaster supplies; preference given to domestic products. The Quartermaster Corps of the Army, in obtaining supplies for the military service, shall state in all advertisements for bids for contracts that a preference shall be given to articles of domestic production and manufacture, conditions of price and quality being equal, and that such preference shall be given to articles of American production and manufacture produced on the Pacific coast, to the extent of the consumption required by the public service there. In advertising for Army supplies the Quartermaster Corps shall require all articles which are to be used in the States and Territories of the Pacific coast to be delivered and inspected at points designated in those States and Territories; and the advertisements for such supplies shall be published in newspapers of the cities of San Francisco, in California, and Portland, in Oregon.

PROVISIONS OF THE PROPOSED BILL

That section 3716 of the Revised Statutes, as amended (U. S. C., 1934 edition, title 10, sec. 1202), which relates to advertisements for bids for quartermaster supplies for the Army, is hereby repealed.

O