lishment, which has enabled it to function with maximum efficiency. For years this committee has enjoyed the confidence, the far-sighted support, and the active interest of the Bureau of the Budget and of the Congress. This organization also has the confidence and respect of all the governmental agencies concerned and of the aircraft industry. Its members and the members of its technical subcommittees serve as such without compensation. Through it the talent of America has been marshaled in a consistent organized attack upon the fundamental scientific problems of areonautics, civil and military. It it were abolished, either in this or some succeeding administration, as is authorized by this bill, the effect would be definitely to retard the progress of aeronautics and ultimately to lead to duplication by the War, Navy, and Commerce Departments of researches now conducted for them in one central aeronautical laboratory under the competent and impartial control of a scientific body on which those Departments are requally represented. Aeronautics is a rapidly advancing engineering science. Its significance for national defense is vital and increasing. Its value as a medium of transportation is just beginning to be developed by the air-transport industry. This year the Government is spending approximately $80,000,000 for the purchase of aircraft and equipment in the Army and Navy. It is a sound business principle that, where such large sums are involved, the Government should be assured that the product obtained is superior in performance and efficiency to the aircraft of other nations. This can only be assured by the continuous prosecution of a comprehensive organized scientific research program, revised from time to time, not only to meet, but also to anticipate, the needs of aviation development. The demonstrable economic value of the work of this organization exceeds its cost to the Government. It is now functioning efficiently. Its form of organization has been followed as a pattern by other nations. Its original research facilities have been duplicated abroad. In the fact of the present determined efforts of the major powers to achieve leadership in the field of aeronautical science and military supremacy in the air, the continuation of the work of the National Advisory Committee for Aeronautics is the best assurance available to the people of the United States that America may have aircraft superior to that of the enemy in time of war. At such a time the value of supremacy in the air would be immeasurable. The National Advisory Committee for Aeronautics is still the acknowledged leading authority in the world in the science of aeronautics. Its work has brought great credit to the Government of the United States and to American aviation. With the development of national and international air commerce spreading to all parts of the world, and with competition to achieve superiority in the design of aircraft for both military and commercial purposes increasing in progressive nations, this country cannot afford to surrender its present leading position. The international competition is, in fact, so keen today that our present advantage is already seriously threatened. It will without doubt be lost if this organization is abolished or its efficiency impaired. Recommendation: To assure as far as possible the preservation of the hard-won leadership of the United States in the development of aircraft, in the achievement of which the status of the National Advisory Committee for Aeronautics as an independent establishment has been a most important factor, the following amendment is recommended: Page 3, line 16 and line 21, after the word "System" insert ", the National Advisory Committee for Aeronautics,". It is also recommended that in section 5 (2) on page 7 the National Advisory Committee for Aeronautics be included as an independent establishment. 2. Under the provisions of section 2, the National Advisory Committee for Aeronautics, if not abolished, may be transferred in whole or in part to another agency of the Government. Comment: The departments concerned with aeronautical development are the War, Navy, and Commerce Departments, and presumably it is to one of these this organization would be transferred. Each is represented by 2 members of this committee of 15. The work of this organization has been done quietly and effectively and in full harmony and cooperation with the War, Navy, and Commerce Departments. To place this organization under the administrative jurisdiction of one of these interested departments would be fatal to the efficiency of this organization and would largely nullify its value as an agency for the coordination of the aeronautical research needs of the three departments named. This organization might as well be abolished, so far as the interests of the Government as a whole are concerned, for it would in time come to serve primarily the needs of the department which had administrative jurisdiction, to the neglect of the needs of the other departments. Its unique value as a coordinating agency in the field of aeronautical research would be largely lost, and there would inevitably ensue duplication of aeronautical research facilities and activities in the other two departments at increased cost to the Government. This result would be exactly contrary to the main purpose of reorganization sought by the President and the Congress, i. e., the promotion of economy and efficiency. Recommendation: Same as under 1 above. 3. The provisions of section 203 as drawn may be construed to authorize the appointment by the President of noncareer men to positions not policy-determining in character and which are now under the civil service and filled by career men. Comment: Such construction may apply not only to those positions which the President may find are policy-determining in character, but also to positions not policy-determining in character, but which report directly to the head of an independent establishment. If the language used in the present bill may be construed to include this letter effect, it appears to be inconsistent with one of the major purposes of title II, namely, the "development and maintenance of a career service in the Federal Government." All salaried positions under the National Advisory Committee for Aeronautics are under the civil service and all positions, from the lowest to the highest, including those reporting directly to the Chairman, have always been on a career basis. It is believed that the civil service status of positions already on a career basis, and not policy-determining in character, should not be changed merely because the incumbents report directly to the head of an establishment. Recommendation: The language of section 203 should be recast so as not to threaten the development of career men in technical positions not policy-determining in character. I have been a member of the National Advisory Committee for Aeronautics for 22 years and have been Chairman for the past 10 years. I share with the members of our Committee, past and present, a just and pardonable pride in the development of an aeronautical research laboratory unsurpassed anywhere in the world and of a research organization with high morale, which has limited its activities to its prescribed duties and has performed them with zeal, ability, and fidelity that, so far as I know, are not excelled in any branch of the Government. In the accomplishments of this organization the President, the Congress, and the Bureau of the Budget may also take pride, for it has been through their farsighted support that the progress achieved has been made possible. If the National Advisory Committee for Aeronautics is to be abolished, or partitioned, or transferred, it will mean nothing to my personal fortunes, for my services have been without compensation, but it will mean much to the Government in its effect upon the further development of aeronautics in America. More than this, and I say this with all earnestness, it will not improve efficiency nor increase economy, but on the contrary will definitely lead to inefficiency and duplication in the field of aeronautical research, retard the progress of aeronautics, civil and military, in the United States, and impair the efficiency of our national defense. I therefore repeat the recommendation that the present status of the National Advisory Committee for Aeronautics as an independent establishment be continued. The best way to assure this is on page 3, line 16 and also on line 21, after the word "System", to insert ", the National Advisory Committee for Aeronautics,". Respectfully submitted. J. S. AMES, Chairman. The CHAIRMAN. If you have any comment which you desire to make with reference to the bill we will be delighted to have you do so. Dr. BRIGGS. Thank you, sir. I would like to supplement Dr. Ames' statement briefly. In the first instance, I should like to say that Dr. Ames' letter and my remarks are not directed to an expression of opinion one way or the other on the merits of the bill as a whole, but only as it affects the status of the National Advisory Committee for Aeronautics. I believe it is the unanimous opinion of the members of our committee that, in order to serve the best interests of the Government, the National Advisory Committee for Aeronautics should retain its present status and functions intact. This committee was organized by Congress in 1915 when the World War gave an impetus to aircraft development, which, in turn, emphasized the need for fundamental research, and so this committee was organized, representing all the governmental agencies concerned, to supervise and direct the study of the scientific problems of flight, with a view to their practical solution, from the broad standpoint of the Government's needs as a whole. The general functions of the committee, are as follows: First, to coordinate the research needs of aviation, both civil and military. Second, to prevent duplication in aeronautical research. Third, to conduct, under unified control in one central Government laboratory, fundamental aeronautical research, including confidential research for the Army and Navy and research to increase the safety and economy of operation of aircraft, both military and civil. Fourth, to disseminate the latest research information to the War, Navy, and Commerce Departments and the aviation industry, not only as obtained here, but as gained from our contracts abroad. Fifth, to consider the merits of the aeronautical inventions submitted by the public to any agency of the Government, and to submit recommendations as to the merits thereof to the Aeronautic Patents and Design Board; and, finally, on request of the President, the Congress or any executive department, to advise upon any special problems in aeronautics which may refer to it. With consistent and liberal support by the Congress, the committee has developed at Langley Field, Va., the best equipped aeronautical research laboratories in the world. From the unique equipment available at these laboratories information of such great value to the advancement of aeronautics is being obtained that other nations are building similar equipment. The committee has organized a strong group of technical subcommittees, made up of technically qualified representatives of the Army, Navy, National Bureau of Standards, Bureau of Air Commerce, Weather Bureau, and experts from private life. The subcommittees meet from time to time and prepare research programs to meet the needs of the national defense and to advance the safety, efficiency, and performance of aircraft. I wish to emphasize again that all this work is conducted from the standpoint of the interests of the Government as a whole. The Army and Navy, in developing aircraft for military purposes, rely upon the committee for fundamental research information. vision is also made for the research needs of commercial aviation and there is close contact and cooperation with the National Bureau of Standards, the Bureau of Air Commerce, universities teaching aeronautical engineering, and with representatives of the aircraft industry. An underlying factor in the gratifying progress of aviation in this country is the information contributed by the National Advisory Committee of Aeronautics, resulting from its continuous prosecution of a broad comprehensive program of fundamental scientific research in aeronautics. If fundamental research in aeronautics is to continue to serve effectively the needs of all agencies without duplication and waste of effort, if should continue under the direct control of a committee composed of men of science and of responsible governmental officials. The work of the committee commands the respect of eminent scientific and professional men throughout America, with the result that, 9757-37-18 although service is without compensation, no one has ever declined an invitation to serve on the committee nor on any of its subcommittees. To place the National Advisory Committee for Aeronautics under the administrative control of any one of the executive departments concerned, and to abolish the committee as such, would jeopardize its effective work as a coordinating agency for aeronautical research. The natural tendency would be to serve first the needs of the department which had administrative jurisdiction, to the possible neglect of the needs of the other departments, which, in time, might be forced by circumstances to conduct their own aeronautical research, and thus bring about the duplication which the President and the Congress desire to avoid. The CHAIRMAN. Doctor, may I ask you this, do not the departments, particularly the Army and Navy, engage in some experimental research in aeronautics? Dr. BRIGGS. Yes, sir; in the field of engineering development. The CHAIRMAN. Why should not that be done by your organization instead of being done in the various departments? Dr. BRIGGS. The engineering requirements of various services are not the same. For example, the airplane designed for military purposes, in pulling out of dives and in other maneuvering is subjected to very high stresses, and this introduces special problems which are not met with in commercial aviation, where the airplane is not stressed to such a great extent. A bomber presents a lot of design problems regarding the location of guns, bomb sights, and bomb racks which are peculiar to that type of airplane. Similarly, the Navy Department has problems in connection with landing on carriers and on water and the design of floats and hulls for seaplanes that are not encountered in the Army. The CHAIRMAN. Then we have got to have a separate experimental service in both the Army and Navy? Dr. BRIGGS. For special problems peculiar to these services it is considered desirable. The CHAIRMAN. I never knew of a service that did not think it desirable to have its own organization do everything. I want to know whether you agree that your Committee could not perform that function. Dr. BRIGGS. I think, sir, that it would be a mistake to say to the Army or the Navy: "You will not be allowed to carry out any investigations in connection with these planes which you have to fly." That would seem to me, sir, to be going too far. I wish to emphasize again that the Army and the Navy depend upon the Advisory Committee to carry out basic research, which is necessary and applicable to all of the services. The Committee has not gone into the field of the individual design requirements of the military and naval services. The CHAIRMAN. Does the Bureau of Air Commerce have to have an experimental service too? Dr. BRIGGS. So far the Bureau of Air Commerce has not had an experimental service. I think that in the last appropriation bill there was a small appropriation made by Congress for special investigations. The CHAIRMAN. I recall that, and I wonder if the Army must have an experimental service, as well as the Navy, and the Bureau of Air Commerce, and if they have to have those services I wonder what service your organization is going to perform. You think that essential anyway, do you? Dr. BRIGGS. The Committee's work is fundamental to all these departments, sir, because on the results of its research the engineering developments are later based. Our work is basic research, and as such it is not only useful, it is necessary for the development of all the other services. The CHAIRMAN. All right, sir; thank you very much. STATEMENT OF HARRY B. MITCHELL, PRESIDENT, UNITED STATES CIVIL SERVICE COMMISSION The CHAIRMAN. Mr. Mitchell, under date of July 2, 1937, you wrote a letter to Senator Robinson, with the comments of the Commission on S. 2700, did you? Mr. MITCHELL. Yes, sir. The CHAIRMAN. I desire to place that in the record. (The letter referred to is as follows:) Hon. JOE T. ROBINSON, UNITED STATES CIVIL SERVICE COMMISSION, Chairman, Senate Select Committee on Government Organization, Washington, D. C. MY DEAR MR. CHAIRMAN: The Commission has the honor to advise you, in response to your letter of June 24, 1937, that careful study and consideration have been given to S. 2700, and comment is limited to the material submitted below concerning the sections of the bill noted. The purpose of the Commission is to point out apparent inconsistencies in the bill in order that if desired the committee may arrange for clarification. TITLE II. CIVIL SERVICE AND CLASSIFICATION Sections 203 and 204 raise many difficult questions of interpretation. The meaning of the phrase "by the President alone" is important because subsection (a) of section 203 deals only with that class of appointments and does not apply to positions now or hereafter subject to the appointing power of the head of a department or independent establishment. The legal construction of this phrase is that the President has the authority to make the appointments referred to without confirmation by the Senate. Section 202 (a) directs the Civil Service Administrator to prepare and recommend to the President "plans for the development and maintenance of a career service in the Federal Government", whereas it is possible to construe provisions in sections 203 and 204 as prohibiting certain, if not all, positions of "head of any bureau, division, service, or other similar agency which is in or under the jurisdiction or control of and is directly responsible to the head of an executive department, independent establishment, or independent agency" from being placed in the classified civil service by Executive order. Subsection (a) of section 203 is limited to consideration of offices or positions in any agency of the Government to which appointment is authorized to be made by the President alone, whereas in subsection (b) of section 203 the authority granted is broader because it includes bureau heads and policy-determining positions of the same type, and not restricted to those to which appointments may be made by the President alone. This fact is the basis for the statement previously made that it is possible to construe these provisions as withdrawing from the possibility of a career service not only the type of positions referred to in the agencies now subject to appointments by the President alone (such as Resettlement Administration, Works Progress Administration, etc.), but also such positions in the departments and independent establishments of the Government a considerable |