Are the Marines and Army going to get into this thing, because they are the fellows who are going to land? You have got to get what they want, not some idea that the Air Force has. I do not want you to think you are just transport crews for the Army, because the Air Force has forgotten more about aircraft than_General Decker will ever know. But, I want to be sure you say, "Look; you are a good soldier, but you do not know anything about this. You are wrong. This is what you should have." Does that go on? General KELLY. It certainly does and I would hope we could influence very greatly what they want, but they will have the final say in these squadrons. The SOR, I think, was the outstanding example of cooperation between the Army, the Air Force, the Navy, and civil aviation in coming to their requirements for that airplane. Mr. FLOOD. I want to believe this. I have believed none of it up until today and would not believe any of that being true up until now, based upon what I know. Understand, I do not have a crystal ball. I have spies. You know who is telling me this. This is what I think. Now, I hope this is going to change. President Kennedy says we can do better. Well, as far as I am concerned we have got to do a lot, lot, lot better in this area than we are doing today and better than we have done since the war, and I hope this is it. USE OF ADMINISTRATIVE AIRCRAFT Now, I want to place in the record, Mr. Chairman, and I hold here the United States Code, 1958 edition, containing the general and permanent laws of the United States, in force on January 6, 1959, volume 1, title 1, "General Provisions, to title 9, "Arbitration," U.S. Government Printing Office, Washington, 1959, and page 123 thereof, title 5, "Executive Departments, Officers and Employees": (b) Aircraft. (c) Maximum purchase price of vehicles; use for official purposes; penaltiesand subsection (2) thereof which, among other things, says that unless otherwise specifically provided, no appropriation available for any department shall be expended for the maintenance, operation and repair of any Government-owned passenger motor vehicle or aircraft not used exclusively for official purposes; and "official purposes" shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on outpatient medical service and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department concerned ***, except in the cases of medical officers on outpatient medical service and except in cases of officers and employees engaged in field work the character of whose duties make such transportation necessary and then only as to such latter cases when the same is approved by the head of the department concerned. Any officer or employee of the Government who wilfully uses or authorizes the use of any Governmentowned passenger motor vehicle or aircraft, or of any passenger motor vehicle or aircraft leased by the Government, for other than official purposes or otherwise violates the provisions of this paragraph shall be suspended from duty by the head of the department concerned, without compensation, for not less than 1 month, and shall be suspended for a longer period or summarily removed from office if circumstances warrant. By head of department. I then refer to page 97 thereof of the same statute, and the only head of department authorized by the United States Code, and that is the law of the land, under this subsection I read, is the Department of Defense and nobody else. That is the law. Mr. RILEY. Without objection, it will be included in the record. (The matter referred to follows:) UNITED STATES CODE, 1958 EDITION CONTAINING THE GENERAL AND PERMANENT LAWS OF THE UNITED STATES IN FORCE ON JANUARY 6, 1959 Prepared and published under authority of title 1, United States Code, section 202(c) by the Committee on the Judiciary of the House of Representatives VOLUME ONE, TITLE 1-GENERAL PROVISIONS TO TITLE 9 ARBITRATION § 78. Restrictions on purchase, operation, use and maintenance of passenger motor vehicles and aircraft (a) Purchase or hire of vehicles. Unless specifically authorized by the appropriation concerned or other law, no appropriation shall be expended to purchase or hire passenger motor vehicles for any branch of the Government other than those for the use of the President of the United States, the secretaries to the President, or the heads of the executive departments enumerated in section 1 of this title. (b) Aircraft. Excepting appropriations for the Military and Naval Establishments, no appropriation shall be available for the purchase, maintenance, or operation of any aircraft unless specific authority for the purchase, maintenance, or operation thereof has been or is provided in such appropriation. (c) Maximum purchase price of vehicles; use for official purposes; penalties. Unless otherwise specifically provided, no appropriation available for any department shall be expended (1) to purchase any passenger motor vehicle (exclusive of busses, ambulances, and station wagons), at a cost, completely equipped for operation, and including the value of any vehicle exchanged, in excess of the maximum price therefor, if any, established pursuant to law by a Government agency and in no event more than such amount as may be specified in an appropriation or other Act, which shall be in addition to the amount required for transportation; (2) for the maintenance, operation, and repair of any Government-owned passenger motor vehicle or aircraft not used exclusively for official purposes; and "official purposes" shall not include the transportation of officers and employees between their domiciles and places of employment, except in cases of medical officers on out-patient medical service and except in cases of officers and employees engaged in field work the character of whose duties makes such transportation necessary and then only as to such latter cases when the same is approved by the head of the department concerned. Any officer or employee of the Government who willfully uses or authorizes the use of any Government-owned passenger motor vehicle or aircraft, or of any passenger motor vehicle or aircraft leased by the Government, for other than official purposes or otherwise violates the provisions of this paragraph shall be suspended from duty by the head of the department concerned, without compensation, for not less than one month, and shall be suspended for a longer period or summarily removed from office if circumstances warrant. The limitations of this paragraph shall not apply to any motor vehicles or aircraft for official use of the President, the heads of the executive departments enumerated in section 1 of this title, ambassadors, ministers, chargés d'affaires, and other principal diplomatic and consular officials. (d) Appropriation estimates. In the budgets for the fiscal year 1948 and subsequent fiscal years there shall be submitted in detail estimates for such necessary appropriations as are intended to be used for purchase or hire of passenger motor vehicles or for purchase, maintenance, or operation of aircraft, specifying the sums required, the public purposes for which said conveyances are intended, the number of currently owned conveyances to be continued in use, and the officials or employees by whom all of such conveyances are to be used. (e) Definition of purchase. The acquisition of aircraft or passenger motor vehicles by any agency by transfer from another department of the Government shall be considered as (July 16, 1914, ch. 141, § 5, 38 a purchase within the meaning of this section. AMENDMENTS 1946-Act Aug. 2, 1946, amended section generally. §78a. Same; Corps of Engineers. The provisions of section 78 of this title shall be construed as applying to the Corps of Engineers as to the purchase of motor-propelled passenger-carrying vehicles. (Mar. 4, 1933, ch. 281, title II, § 1, 47 Stat. 1599.) § 78a-1. Same; maximum purchase price of motor vehicles; exceptions. Unless otherwise specifically provided, the maximum amount allowable, in accordance with section 78 of this title, for the purchase of any passenger motor vehicle (exclusive of buses and ambulances), is fixed at $1,350 except station wagons for which the maximum shall be $1,950. (Pub. L. 85–468, title II, §201, June 25, 1958, 72 Stat. 224.) SIMILAR PROVISIONS Section is from the General Government Matters Appropriation Act, 1959, Pub. L. 85-468. Similar provisions were contained in the following prior appropriation acts:, 1957-June 5, 1957, Pub. L. 85-48, title II, § 201, 71 Stat. 53.1 1956-June 13, 1956, ch. 385, title II, § 201, 70 Stat. 279. 1955-June 29, 1955, ch. 226, title II, § 201, 69 Stat. 195. 1954-Aug. 26, 1954, ch. 935, ch. XIII, § 1301, 68 Stat. 828. 1953--Aug. 7, 1953, ch. 340, ch. XIII, § 1301, 67 Stat. 435.1 1952-July 15, 1952, ch. 758, ch. XIV, § 1401, 66 Stat. 659. 1951-Nov. 1, 1951, ch. 664, ch. XIII, § 1301, 65 Stat. 755. 1950-Sept. 6, 1950, ch. 896, ch. XII, § 1201, 64 Stat. 763. 1949-Aug. 24, 1949, ch. 506, title III, § 301, 63 Stat. 661. 1948-Apr. 20, 1948, ch. 219, title II, § 201, 62 Stat. 193. 1947-July 30, 1947, ch. 359, title II, § 201, 61 Stat. 608. GIFTS TO SCHOOLS, HOSPITALS, ETC., UNDER JURISDICTION OF CERTAIN DEPARTMENTS 150q-150t. Repealed. § 1. Application of provisions of chapter. The provisions of this title shall apply to the following Executive Departments: First. The Department of State. Second. The Department of Defense. Third. The Department of the Treasury. Fourth. The Department of Justice. Fifth. The Post Office Department. Sixth. The Department of the Interior. Seventh. The Department of Agriculture. Ninth. The Department of Labor. Tenth. The Department of Health, Education, and Welfare. (R.S. § 158; Feb. 9, 1889, ch. 122, § 1, 25 Stat. 659; Feb. 14, 1903, ch. 552, § 1, 32 Stat. 825; Mar. 4, 1913, ch. 141, § 1, 37 Stat. 736; July 26, 1947, ch. 343, title II, § 201(c), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579; July 31, 1956, 5 p.m., E.D.T., ch. 802, § 1(a), 70 Stat. 732.) REFERENCES IN TEXT This title, referred to in the text, refers to title IV of the Revised Statutes which is classified to sections 1-9, 22, 23-25, 33, 38, 43, 44, 48, 49, 51, 91, 93, 94, 95, 96, 99, 104, and 106 of this title. AMENDMENTS 1956-Act July 31, 1956, amended section to include the Department of Health, Education, and Welfare. 1949-Act Aug. 10, 1949, amended section to remove the Departments of the Army, Navy and Air Force from the list of executive departments, and added the Department of Defense in lieu thereof. DEPARTMENT OF DEFENSE The Department of Defense was created by section 201 (a) of act of July 26, 1947, as amended by act Aug. 10, 1949, and is set out as chapter 2A of this title. APPLICABILITY OF OTHER LAWS TO DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Section 1(b) of act July 31, 1956, provided that "The amendment made by subsection (a) of this section shall not be construed to make applicable to the Department of Health, Education, and Welfare any provision of law inconsistent with Reorganization Plan No. 1 of 1953 [set out as a note under section 623 of this title] or Public Law 13, 83d Congress [section 623 of this title], or to supersede or limit any function or authority of the Department of Health, Education, and Welfare, or any officer thereof, under any law in effect prior to the enactment of this Act [July 31, 1956], or prevent or limit the expenditure of funds for any such function or authority." Mr. RILEY. Thank you very much, General Kelly, and gentlemen. General KELLY. Thank you very much, Mr. Chairman. Mr. RILEY. This concludes our hearings on title II of the bill. The committee will stand in recess until 10 o'clock tomorrow. |