54 STAT.] 76TH CONG. , 3D SESS.-CH. 508 -JULY 2, 1940 title 41, secs. 35-45), shall be exempt from the provisions of such Act solely because of being entered into without advertising pursuant to the provisions of this section: Provided further, That the cost- Contractini plus-a -percentage-of-cost system of contracting shall not be used under this section; but this proviso shall not be construed to pro- hibit the use of the cost-plus-a -fixed-fee form of contract when such use is deemed necessary by the Secretary of War. (b) The Secretary of War is further authorized, with or without aflnnance advertising, to provide for the operation and maintenance of any plants, buildings, facilities, utilities, and appurtenances thereto con- structed pursuant to the authorizations contained in this section and section 5, either by means of Government personnel or through the agency of selected qualified commercial manufacturers under con- tracts entered into with them, and, when he deems it necessary in pleasing et the interest of the national defense, to lease, sell, or otherwise dispose of, any such plants, buildings, facilities, utilities, appurtenances thereto, and land, under such terms and conditions as he may deem advisable, and without regard to the provisions of section 321 of the Act of June 30, 1932 (47 Stat. 412). 40U.8.C .s (c) Whenever, prior to July 1, 1942, the Secretary of War deems trAanos mit it necessary in the interest of the national defense, he is authorized, Pot,p .876. from appropriations available therefor, to advance payments to con- tractors for supplies or construction for the War Department in amounts not exceeding 30 per centum of the contract price of such supplies or construction. Such advances shall be made upon such Termnsetc. terms and conditions and with such adequate security as the Secre- tary of War shall prescribe. SEC. 2 (a) During the fiscal year 1941, all existing limitations with ca'mber of respect to the number of flying cadets in the Army Air Corps, and with respect to the number and rank of Reserve Air Corps officers who may be ordered to extended active duty with the Air Corps, shall be suspended. (b) The President may, during the fiscal year 1941, assign officers Assitgnment and enlisted men to the various branches of the Army in such num- of Army. bers as he considers necessary, irrespective of the limitations on the strength of any particular branch of the Army set forth in the National Defense Act of June 3, 1916, as amended: Provided,That no 3Proiso. Negro, because of race, shall be excluded from enlistment in the Army Enlistment for service with colored military units now organized or to be organ- groes. ized for such service. SEC. 3 . All existing limitations with respect to the number of ,ltirpllof serviceable airplanes, airships, and free and captive balloons that may be equipped and maintained shall be suspended during the fiscal year 1941. SEc. 4. (a) The Secretary of War is further authorized to employ neddtltl such additional personnel at the seat of government and elsewhere, and to provide for such printing and binding, communication service, supplies, and travel expenses, as he may deem necessary to carry out the purposes of this Act: Provided, That until December 31, 1941, perising, the Secretary of War may, if he finds it to be necessary for national- engineers. defense purposes, authorize the employment of supervising or con- struction engineers without regard to the requirements of civil-service laws, rules, or regulations: Provided further, That notwithstanding Reioemval ofy the provisions of section 6 of the Act of August 24, 1912 (37 Stat. 555; U. S . C. title 5, sec. 652), the Secretary of War may remove from the classified civil service of the United States any employee of the Military Establishment forthwith upon a finding that such person has been guilty of conduct inimical to the public interest in the defense program of the United States and upon the giving of notice 713 g sys- , etc., c., of 303b. ) con- ,tion. flying of offi ranches of Ne- service- etc. person- etc., I civi- ees.
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