paragraph to section 38 of the act. The same comments as to reasons and expenses apply hereto as were given under the previous section. The Navy Department favors the enactment of this proposed legislation as is indicated by the letter of the Secretary of the Navy to the Speaker of the House of Representatives which is hereby made a part of this report.

NAVY DEPARTMENT, Washington, February 8, 1935.

The SPEAKER OF THE HOUSE OF REPRESENTATIVES,

Washington, D. C.

MY DEAR MR. SPEAKER: There is transmitted herewith a draft of a bill to amend in certain particulars the act approved February 28, 1925, entitled "An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve", as amended, and for other purposes. The purposes sought to be accomplished by the proposed legislation are set forth in the following paragraphs in which each section of the bill is explained in numerical order in which it appears in the enclosed draft.

SECTION I

This section of the bill, amending section 6 of the act approved February 28, 1925 (43 Stat. 1081, U. S. C., title 34, sec. 755), herinafter referred to as the Naval Reserve Act, authorizes the Secretary of the Navy to discharge men from the Naval Reserve who have been transferred from the Regular Navy to the Fleet Naval Reserve, in the event that such men are sentenced by the civil authorities to confinement in a State or Federal penitentiary. Under existing law there is no method by which the discharge of such undesirable men can be effected other than by the sentence of a general court martial, and, in the cases of men convicted and sentenced for an offense by Federal courts, even this method is unavailable since a subsequent trial by general court martial for the same offense would be defeated by a plea of former jeopardy. The result is that it is possible under existing law for a man undergoing sentence in a penitentiary to hold his status as a member of the Fleet Naval Reserve and to receive the pay provided by law for a man holding such status. Obviously such a situation is highly undesirable, and the amendment of the Naval Reserve Act, in the manner provided by this section of the bill, will constitute a simple, expeditious, and effective remedy for it. No additional cost to the Government will be involved by the enactment of this section of the bill. In fact its enactment will result in a saving in every instance in which the authority conferred by it upon the Secretary of the Navy is exercised.

SECTION II

This section of the bill, amending section 14 of the Naval Reserve Act, extends the benefits of existing law relating to Naval Reservists who are physically injured in line of duty while performing active duty or training duty, to those members of the Naval Reserve who may be injured while performing "drills", "equivalent instruction or duty", or "appropriate duties." Recently three Naval Reservists were injured while performing armory drills, and their claims for compensation were denied. The Navy Department believes that injuries received by members of the Naval Reserve while performing authorized drills should receive the same consideration as injuries received while on active duty or training duty.

It is estimated that the enactment of this section of the bill will involve an additional cost of $2,000 per annum for both the Naval and Marine Corps Reserve

SECTION III

This section of the bill, amending section 21 of the Naval Reserve Act, extends existing law, providing for the compensation of officers below the rank of lieutenant commander for attending drills, to officers of the rank of lieutenant commander. It also provides that such officers who are attached to battalions or squadrons, as well as to divisions, shall receive that compensation. Further amendment is made so that the officers above the rank of lieutenant commander, instead of officers above the rank of lieutenant, will receive the authorized compensation of not more than $500 a year for the satisfactory performance of appropriate duties.

The amendments contained in this section of the bill, if enacted, will not involve any additional cost to the Government, and will facilitate the organiza

tion of the Aviation Reserve on the basis of aviation squadrons, instead of aviation divisions. Since the basis of the organization of aviation forces in the regular Navy is the squadron, it is desirable to have the Aviation Reserve organized on the same basis.

SECTION IV

This section of the bill, amending section 36 of the Naval Reserve Act, extends the provisions of existing law authorizing the payment of $240 a year to officers of the Fleet Naval Reserve for the faithful performance of administrative duties in connection with the command of Naval Reserve organizations, to officers of the Volunteer Naval Reserve. At present officers of the Volunteer Naval Reserve in command of units of the Naval Reserve cannot be reimbursed for the necessary expenses incident to the efficient administration of these units. The sum of $240 per year which this section of the bill, if enacted, will partially compensate them for such expenses. It is only through efficient administration that these units can be kept mobile, and intact for use in an emergency, and it is not believed that these officers of the Naval Volunteer Reserve would personally bear their expenses incident to such administration.

SECTION V

This section, amending section 38 of the Naval Reserve Act, provides that the Secretary of the Navy shall submit annually in connection with the estimates for the Navy Department a statement showing the estimated cost for the fiscal year for all purposes of the Volunteer Naval Reserve.

The estimated cost of sections 4 and 5 of the proposed bill if enacted will involve an additional cost of $25,000 per year to the Government.

The Navy Department recommends the enactment of this proposed legislation. Sincerely yours,

In compliance with clause 2a of rule XIII of the rules of the House of Representatives, there is herewith printed in parallel columns (1) the text of the provisions of existing laws which it is proposed to amend, and (2) the parts of the bill making the amendment:

The PRESIDENT:

An international conference on private aerial law, called by the French Government, met in Paris on October 27, 1925. The delegates discussed the provisions of a draft convention regarding the liability of the aerial carrier. They also adopted a motion providing for the creation of the International Technical Committee of Aerial Legal Experts to continue the work of the conference. This Committee held its first meeting in Paris from May 17 to 21, 1926. Twentythree countries were represented by legal experts. The United States was not officially represented, but sent observers. Three guiding principles were laid down, as follows:

(1) Establishment of a program covering various subjects pertaining to private air law to be studied by commissions of experts.

(2) Preparation of texts of international conventions on legal subjects for consideration at periodic international conferences.

(3) Maintenance of the principle of the progressive elaboration of a single international code of private aerial law.

Between

The Committee then appointed four commissions, which are in effect subcommittees, to carry out this program. Two of the commissions meet during the first half of the year and the other two during the second half. The second meeting is generally followed by a plenary session of the Committee. meetings of the commissions their work is done by correspondence. When draft conventions on given subjects have been prepared by the appropriate commissions they are referred to the International Technical Committee of Aerial Legal Experts for consideration, and if approved by this Committee they are considered at a general international conference on private aerial law called for the purpose of considering the drafts.

The draft convention regarding the liability of the aerial carrier, which received some consideration at the International Conference on Private Aerial Law, held in Paris in 1925, was perfected by the International Technical Committee of Aerial Legal Experts and referred for consideration to the Second International Conference on Aerial Private Law, which met in Warsaw in October 1929. The draft as adopted by the Committee constituted the basis for the Convention for the Unification of Certain Rules Relating to International Transportation by Air, signed at the Warsaw Conference on October 12, 1929, to which convention the United States has adhered.

At the Third International Conference on Private Aerial Law, held in Rome, Italy, in May 1933, draft conventions relating to (1) precautionary attachment of aircraft, and (2) liability for damages caused by aircraft to third parties on the surface were adopted. The conventions adopted were based on draft conventions previously prepared by the International Technical Committee of Aerial Legal Experts.

One of the requirements for membership in the International Technical Committee of Aerial Legal Experts is that each country shall make an annual contribution toward the expenses of the Committee. The Government of the United States makes an annual contribution toward the Committee's expenses. Such a contribution by the Government of the United States was sanctioned by a joint resolution of Congress, approved February 14, 1931, authorizing an annual appropriation for this purpose of a sum not in excess of $250 and American experts were appointed, with the approval of the President, to service on the Committee.

In order that the basis of the studies made by the members of the American section of the International Committee may be broadened to include a consideration of the views of organizations in the United States concerned with the subject of aviation the American section of the International Committee has recently been authorized to invite each of a number of organizations to designate a member to serve on an advisory committee to which the American section of the International Committee may refer pending draft conventions and reports thereon for an expression of views. The president of each of the following organizations has been invited to designate a representative to serve on this advisory committee: National Association of State Aviation Officials, Aeronautical Chamber of Commerce of America, National Aeronautic Association, Independent Aviation Operators of the United States, American Bar Association, National Conference of Commissioners on Uniform State Laws, American Society of International Law, Maritime Law Association of the United States, and the Board of Aviation Underwriters. All of these organizations have accepted the invitation extended to them and have designated their representatives to serve on the advisory committee.

The members of the American section of the International Committee have served until now without salaries for their work on the Committee. The members of the advisory committee which will cooperate with the American section of the International Committee will serve without compensation.

The present administration has shown its interest in our participation in the codification of international air law. (See H. Doc. 245, 73d Cong., 2d sess.) American delegates to the Third International Conference on Private Aerial Law, held in Rome, Italy, in May 1933, were appointed with your approval, and they signed the two conventions adopted at that conference. These conventions are not yet in force. In his report on the Rome Conference Mr. John C. Cooper, Jr., chairman of the American delegation, made the following statement in regard to the importance of attendance by the American members of the International Technical Committee of Aerial Legal Experts at the sessions of the Committee:

"As the conference proceeded, it became apparent that its work was largely directed by delegates who were also members of the International Technical Committee (CITEJA).1 In fact it seemed to be assumed many times in the course of discussions at the conference that the conference should be to some extent governed by prior discussions at the meetings of the CITEJA. This is called to the attention of the Department to emphasize the advisability of having the United States represented at future meetings of the CITEJA in order that the views of the United States may be expressed at such meetings and may be included in the draft conventions. At the present time the United States has two duly appointed members of the CITEJA but neither of said members has ever been able to attend a meeting of the CITEJA due to failure of Congress to make appropriation for traveling expenses. The fact that the United States is not represented by the attendance of its delegates in person at the meetings of the CITEJA places the delegates representing the United States at the international conferences at a distinct disadvantage when the draft conventions prepared by the CITEJA are considered."

The statement quoted from the report of the chairman of the American delegation at the Rome Conference was concurred in by the other members of the American delegation.

The views of the Department of Commerce on the subject are well set forth in its letter of December 22, 1933, of which the pertinent portions are quoted below: "It is felt that the work of the International Technical Committee of Aerial Legal Experts will have a far-reaching effect on the future of aviation and that the United States should be represented at the deliberations of this Committee and its subcommittees so that our views may be before the committees as they draft conventions for international adoption. It seems more practical to protect American interests during the drafting of conventions than to attempt to have the conventions changed to conform to our ideas after they are presented to the international conferences. For this reason the Department of Commerce feels justified in strongly supporting a request for suitable appropriation to provide for the attendance of the American members at the Committee meetings. Several of the large American operators, whose views on completed conventions were requested, have expressed the feeling that American representatives should take part in all deliberations of the International Technical Committee of Aerial Legal Experts and its commissions.

"Due to the mobility of aircraft, it seems probable that international laws adopted on both the regulatory and private air law phases of aircraft operation will have a decided influence on the national regulation and law of aircraft. This condition makes it imperative that this country have a voice in the development of conventions on aeronautic matters prior to the submission of these conventions to international conferences for consideration.

"In light of the above considerations, it appears that there is ample justification for the expenditure of the relatively small sums which would be required for full representation on the Committee and its commissions."

I am thoroughly in accord with the views expressed by the chairman of the American delegation at the Third International Conference on Private Aerial Law and with the views of the Department of Commerce, concerning the importance of attendance in person by the American members of the International Technical Committee of Aerial Legal Experts at the sessions of the Committee and its subcommittees, as it is believed that the international conventions adopted as the result of the work of this International Committee vitally affect the operations of American aircraft in foreign countries. Thirty-three countries, 1 The initials of the French title of the International Technical Committee of Aerial Legal Experts.