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MISCELLANEOUS BILLS

THURSDAY, JULY 21, 1955

UNITED STATES SENATE, COMMITTEE ON ARMED SERVICES, Washington, D. C.

The committee met, pursuant to notice, at 10:20 a. m., in room 212, Senate Office Building.

Present: Senators Russell (chairman), Stennis, Symington, Ervin, Saltonstall, Flanders, and Duff.

Also present: Verne D. Mudge, William H. Darden, and T. Edward Braswell, of the committee staff.

Chairman RUSSELL. The committee this morning has before it a number of bills, all but one of which have passed the House of Representatives.

The agenda is somewhat lengthy, and it may not be possible for us to complete committee action on all these items today. However, if all of these bills are not heard today, we will make every effort to see that the ones on today's calendar are considered by the committee prior to the adjournment of the Senate.

Senator FLANDERS. Mr. Chairman, as I remember it, the agenda. does not show the report of the committee of which Senator Ervin was chairman. Is it intended to take that up?

Chairman RUSSELL. I do not know particularly which bill you have reference to.

Senator FLANDERS. Not a bill, but a report on the status of Armed Forces Treaty.

Chairman RUSSELL. That is a report of a subcommittee, and if Senator Ervin desires to present it during this morning, why, we will be glad to have him do so.

Senator ERVIN. We will call it up after we finish the bills.

Senator FLANDERS. Yes.

Chairman RUSSELL. I think it might be in order to take it up in executive session. I do not know what the Senator's desires are. Usually such reports are made in executive session.

Senator STENNIS. Mr. Chairman, while you are considering the agenda, I do not know whether it is on it or not, but the Subcommittee on Military Construction has a matter that we think we ought to call to your attention. It is the house for Admiral Radford, and at the proper time I want to submit it to the full committee.

Chairman RUSSELL. We will be delighted to have you do that. You have been the chairman of that subcommittee.

If there are no other matters to call to the attention of the committee, we will consider to the hearings on H. R. 2109, a bill that would provide permanent authority for the Navy and Marine Corps to transfer selected Reserve officers of the lowest three grades to the Regular components.

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We have been advised that this authority, if it is enacted, the Navy plans to transfer about 500 officers for each of the next 2 fiscal years, and the Marine Corps about 250.

I might say that for some time the Navy has had temporary authority, which is practically the same as that contained in this bill. That authority expired the first of this month.

We understand further that the Department of Defense is preparing legislation which would recommend a uniform approach for all services regarding the transfer and integration of career nonregular officers. In view of this act, we would like to hear particularly from the Navy as to whether a simple 1-year extension of the authority which expired the first of this month would be sufficient for the purposes intended, until the committee can canvass the desirability of broader legislation affecting all of the services in the next session."

Admiral Holloway, I understand, you will present this bill to the committee. If you will come around and have a seat, we will be glad to hear you this morning.

(H. R. 2109 follows:)

[H. R. 2109, 84th Cong., 1st sess.]

AN ACT To authorize permanent appointments in the United States Navy and in the United States
Marine Corps

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Navy and Marine Corps Officer Augmentation Act of 1955".

SEC. 2. (a) The President may appoint to permanent commissioned grades, not above lieutenant in the Regular Navy and captain in the Regular Marine Corps, officers of the Naval Reserve and Marine Corps Reserve, and officers of the Regular Navy and Regular Marine Corps who do not hold permanent commissioned appointments therein, subject to the conditions and limitations in the following subsections of this section.

(b) Appointments made under this section shall be made pursuant to regulations prescribed by the President for the administration of this section, which regulations shall include, among other provisions, the following:

(1) Provisions establishing standards and qualifications for appointments to the grades specified herein;

(2) Provisions for the determination of the lineal position and precedence of appointees; and

(3) Provisions for the assignment of running mates to officers appointed to the Staff Corps of the Regular Navy notwithstanding the provisions of other laws. (c) Persons appointed under this section shall be citizens of the United States, and have such other qualifications as may be prescribed by the Secretary of the Navy.

(d) No person may be permanently appointed in the Regular Navy or Regular Marine Corps under the authority of this Act to a grade higher than that in which he is serving at the time of such permanent appointment.

(e) A person permanently appointed in the Regular Navy or Regular Marine Corps, under the authority of this Act, may also be temporarily appointed to a higher grade appropriate to the lineal position assigned, and such temporary appointment shall be regarded as having been effected pursuant to the law under which officers of the Regular Navy and regular Marine Corps having comparable lineal position were temporarily appointed to such higher grade.

(f) Persons permanently appointed to the Regular Navy or Regular Marine Corps pursuant to this Act who at the time of such appointment had to their credit leave accrued but not taken, shall not, by reason of such appointment, lose such accrued leave.

SEC. 3. (a) The commission of any person appointed under the provisions of section 2 may be revoked by the Secretary of the Navy until the third anniversary of such appointment in the Regular Navy or Regular Marine Corps.

(b) Each officer whose commission is so revoked shall thereupon be discharged from the Navy or Marine Corps without advanced pay or allowances.

SEC. 4. The Secretary of the Navy may provide by regulations for appropriate readjustment of lineal position and precedence of former commissioned officers

of the Naval and Marine Corps Reserve who were appointed to the permanent commissioned grades of ensign and second lieutenant in the Regular Navy and Regular Marine Corps, respectively, subsequent to December 7, 1941, and prior to the effective date of this Act.

Passed the House of Representatives July 5, 1955.
Attest:

RALPH R. ROBERTS, Clerk.

STATEMENT OF VICE ADM. J. L. HOLLOWAY, JR., CHIEF, BUREAU OF PERSONNEL, UNITED STATES NAVY

Admiral HOLLOWAY. Mr. Chairman, good morning.

Mr. Chairman, my written statement is so short that if the chairman will bear with me, I would request that I might read it to you. Chairman RUSSELL. Very well.

Admiral HOLLOWAY. It is on the basis of a little ad lib remarks after that, sir, if I may.

Chairman RUSSELL. All right, proceed.

Admiral HOLLOWAY. Mr. Chairman and members of the committee, I appreciate this opportunity to present to this committee the desires of the Navy Department for continuation of authority for the appointment in the Regular Navy and Marine Corps of selected Reserve officers and officers whose permanent status is enlisted or warrant. At the end of World War II the Congress passed the act of April 18, 1946, which was Public Law 347 of the 79th Congress, granting the authority for the transfer of such officers, providing safeguards for their future and their pay and other benefits and increasing the authorized officer strength of the Regular Navy. That portion of, Public Law 347, 79th Congress that granted the authority to appoint Reserve and temporary officers in the Regular Navy was to expire 6 months after the June 30 of the fiscal year following that in which the World War II terminated. This expiration date occurred December 31, 1953. Public Law 549, 83d Congress, reenacted and amended those provisions of Public Law 347, 79th Congress so as to extend the appointive authority to July 1, 1955, and to limit such appointments to grades not above lieutenant in the Regular Navy and Captain in the Regular Marine Corps.

With the expansion incident to Korea and the prospects of having to maintain a Navy of more than 50,000 commissioned officers for the foreseeable future it became necessary to commission and order to active duty additional Reserve officers. To this end an officer candidate school was established at Newport, R. I. in 1951. In addition for the immediate expansion after the Korean incident many Reserve officers volunteered for active duty and some of these remain on active duty. To grant an opportunity for these Reserve officers who have served well and who have expressed a desire to make the Navy a career, the Navy Department in 1952 established a program for the transfer of a few of the outstanding Reserve officers to the regular service.

You are, I know, familiar with the Navy's difficulties with the World War II "hump" of officers of approximately the same grade and service. To avoid aggravating this hump no appointments will be made in the year groups affected. However, we have a serious situation in reverse in that the year groups junior to this hump are smaller than normal because our postwar officer procurement from normal sources has not produced new officers in adequate numbers.

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