reservist knew he was ready for recall-it did not mean that the Nation had a militarily Ready Reserve.

The theory of the Standby Reserve was that it would be composed of individuals and units which could be mobilized for a war or general emergency authorized by Congress, but in practice it numbered only 200,000 persons of whom 140,000 had inactive status.

Because there was no provision for continuously screening men out of the Ready Reserve on the basis of criteria that would protect the men and the national defense as well, an emergency would give to the Military Establishment the task of determining, under severe pressure of time, which reservists were to be called for military duty and which were essential to civilian production

The second problem area for which the administration sought a legislative answer concerned the procurement of initially trained young men for the Reserve Forces. At a time when young men were needed for training programs and combat effectiveness, many of the reservists were overage. Although there are two existing statutory authorizations to cover this situation, they could not be used without adversely affecting the Regular Forces. The Universal Military Training and Service Act (sec. 4 (d) (3)) contains a provision whereby young volunteers for Reserve components may obtain an early release from active service. The Department of Defense has never used this authority, however, because such young men would have to be counted as part of the authorized strength of the Active Forces whose combat effectiveness would suffer from their early withdrawal. Another provision in the act (sec. 4 (k)) permits the training and service of those under 19 years of age to be reduced or eliminated; then, of course, they could complete their military obligation in the Reserve Forces. It is this group, however, that produces long-term enlistments in the Active Forces, and if these young men were not liable for induction by Selective Service, they might not enlist in the service of their choice.

The third area which was considered to require new legislation concerned the National Guard. Without in any way changing the dual State-Federal status of the National Guard, the administration held that the State divisions could be made more effective if their young volunteers could be given basic training at the beginning of their service in the guard. Young men who are not yet 181⁄2 years old may volunteer for the National Guard and be deferred from induction by Selective Service as long as they participate satisfactorily in the guard program. Administration studies indicated that over 70 percent of these young volunteers did not have basic training.

Another problem concerned the high rate of turnover of personnel. If the National Guard fails to achieve its authorized military strength by volunteer enlistments, the administration held that there should be some method of building up the divisions by assigning men to the guard, upon request or approval by the Governor of each State concerned.

The fourth area concerned methods of inducing participation in Reserve training. Mr. Carter Burgess pointed out in his testimony that

Under present law, there are no effective means expressly provided to require participation in Reserve training programs by those having a statutory duty to do so.10

10 Ibid., pp. 1412-1413.

The fifth area involved the necessity for adequate civil-defense arrangements in each State. During peacetime the States may not maintain troops in addition to the National Guard, and if the guard divisions were called for a Federal mission there would be no home guard or militia for internal security missions or civil defense. The administration concluded, therefore, that legislative authorization was required to establish a State militia system in addition to the National Guard.

V. MAIN FEATURES OF H. R. 2967, 84TH CONGRESS, 1ST SESSION

H. R. 2967, a bill to provide for strengthening of the Reserve Forces, and for other purposes, was introduced in the House of Representatives on January 25, 1955, by Hon. Overton Brooks, and referred to the House Committee on Armed Services for its consideration. This proposal, initiated by the executive branch in order to obtain legislative authorization for the National Reserve Plan, consisted of amendments to basic military manpower laws. The bill proposed that "this Act may be cited as the 'National Reserve Plan'", and stated the congressional intent as follows:

SEC. 2. In enacting this legislation, it is the conviction of the Congress that the best interests of the national security demand a well-trained and well-disciplined Reserve, and further that honorable service includes fulfillment of service obligation in the Reserve Forces as well as the Active Forces. It is the intent of the Congress to provide sufficient Reserve Forces which, in conjunction with the Active Forces, will be able to preserve the security, and provide for the defense, of the United States.

A. The main amendments proposed to the Universal Military Training and Service Act (62 Stat. 604).-These amendments were concerned with the length of the military obligation, the conditions of active training and service, training in the Reserve Forces, plans for persons having critical skills, and the 10-year Reserve program.

The total military obligation covering active training and service in the Armed Forces or training in the National Security Training Corps, and in a Reserve component, was set at 8 years, and as noted above in a previous section of the bill, the concept of "honorable service" was extended to include service in the Reserve as well as in the Active Forces.

Although the bill stated that enlistments in the National Guard and the Air National Guard were to be voluntary "to the maximum extent practicable," it was provided that any lack in numbers or quality of volunteer personnel could be made up by assigning to these units persons released from active training or active training and service, provided the Governor or other appropriate authority of a State or Territory either requested or approved the assignments of persons who still had an obligated period of Reserve service. Persons thus assigned were to become, concurrently, members of the National Guard of the United States or the Air National Guard of the United States.

Until July 1, 1959, the bill provided that anyone who was under 19 years of age and had not been ordered to report for induction could enlist in the National Guard, the Air National Guard or in "the Reserve of any Armed Force." Quotas for such enlistment were to be fixed by the President with the advice of the Secretary of Defense and the Joint Chiefs of Staff. If the quotas were not filled by volun

tary enlistments, the bill provided that the Director of Selective Service could provide for the induction of young men under 19 years of age directly into the Reserves of the Army, Navy, Air Force, Marine Corps, or Coast Guard. Whether a person was enlisted or inducted, however, his active duty for training and service in the Armed Forces and in a Reserve component was for a period of 8 years or for a 10-year period of active duty for training and service in a Reserve component.

The 10-year program called for 6 months of active duty for training followed by 9 years of Reserve service. The 10-year program was also open to persons with critical skills working in defense supporting industries.

Various provisions were made for pay, benefits, and penalties. Persons who met their military obligation in the 10-year program were to be paid $30 monthly during their 6 months of active duty for training, and were to receive subsistence and travel allowances. They were to be entitled to certain but not all benefits authorized for reservists.

Young men in this program were to be deferred from training and service after they completed their 6 months of active duty for training, as long as they served satisfactorily in a Reserve component or in the National Guard. Unsatisfactory service would result in cancellation of the deferment, and in that event such persons would be liable for induction into the Armed Forces for an additional period of not more than 18 months.

With regard to employment benefits, provision was made for the granting of a leave of absence, reinstatement and reemployment rights.

B. The main amendments proposed to the Armed Forces Reserve Act of 1952 (66 Stat. 481).-These amendments were concerned with definitions of active and Reserve Forces, the purposes of the Reserves, and provisions relating to the composition, training, screening, transfer, call to duty of reservists and Reserve units, and penalties for noncompliance.

A member of a Reserve component was defined as a person who had acquired membership in a Reserve component by appointment, enlistment, induction, transfer, or in any other manner.

"Active Forces" referred to members and units of the Armed Forces of the United States on active duty.

"Reserve Forces" consisted of members and units of reserve components not on active duty and not in a retired status.

The purpose of maintaining the Reserve Forces was to provide trained units and qualified persons who would be available for planned mobilization requirements to augment the existing Active Forces in time of war or national emergency. These forces were to consist of two categories: The Ready Reserve and the Standby Reserve.

The Ready Reserve was to be trained and available for immediate call during the early phases of any war or general mobilization "but not to exceed the first 6 months." Their function was to

(1) augment the Active Reserves;

(2) replace attrition or combat losses in the Active Forces; and (3) provide for building up combat and support forces, and the expansion of the training base.

The Secretary of each military department was to prescribe regulations concerning active duty for training as well as inactive duty train

ing. The bill provided that inactive duty training should normally consist of an annual maximum of 48 assemblies for drill or some other equivalent period of training.

The Standby Reserva was to be made up of members of the Reserv Forces who were not in the Ready Reserve. It was provided that standby reservists could not be ordered to perform either active duty for training or inactive duty training without their consent; they could, however, be ordered to perform such training without pay if they gave their consent.

The Ready Reserve was to include all units and members of the National Guard of the United States and the Air National Guard of the United States.

Provision was made whereby the appropriate Secretary of a military department could transfer ready reservists to the Standby Reserve, arrange for their discharge, or place them in the Retired Reserve. If a standby reservist had not completed his obligated term in the Ready Reserve, he could be transferred back if the reason for his transfer into the Standby Reserve no longer existed.

It was provided that the appropriate Secretary could make regulations whereby any person released from active duty after serving for 2 years or less, could be required to serve the remainder of his obligation in the Ready Reserve. Any person who had a remaining military obligation could also be required to serve in the Ready Reserve "for a period determined by subtracting the amount of his active duty in excess of 2 years from the amount of his total obligation remaining to be served upon his release from active duty."

The units and members of the Ready Reserve were to be continuously screened so that there would be no significant attrition during mobilization; a proper balance of military skills would be maintained; reservists possessing critical skills would not be retained in numbers beyond requirements; and recognition would be given to men who had been in combat.

The status of the different Reserve categories was fixed so that ready reservists and members of Reserve components on active duty would be in an active status; inactive National Guard members would be in an inactive status; standby reservists would have an inactive status but under certain conditions be eligible for retirement point credits; and retired reservists would be in a retired status.

Training categories for the Reserve Forces would be prescribed by the appropriate Secretaries according to the types and degrees of training, duration and number of drills, or equivalent duties.

During a war or a national emergency declared by Congress, members and units of the Reserve Forces could be ordered to active duty for the duration of the war and 6 months thereafter; except that the availability of standby reservists would have to be determined by the Director of Selective Service. Under similar circumstances, members of Reserve components in a retired status could be ordered to active duty, but without their consent only if the appropriate Secretary determined that qualified members of the Reserve Forces were not readily available in the required numbers.

If the President proclaimed a national emergency, ready reservists could be ordered to active duty for not more than 24 months "in such numbers as are authorized by the President to meet the requirements of the emergency."

Ready reservists or units could be ordered to active duty or active duty for training without their consent for not to exceed 17 days annually if they had participated in training during the preceding 12 months; or not to exceed 30 days annually for those who had been unable to attend drills or assemblies during the preceding 12 months. The consent of the governor or other appropriate State authority was necessary, however, in any order to duty of units of the National Guard of the United States or the Air National Guard of the United States.

A penalty was provided for members of the Reserve Forces who did not participate in Reserve programs after they had fulfilled their active duty military obligation. "In addition to any other action which may be taken by the appropriate Secretary," the bill provided, such noncomplying reservists would not accrue further eligibility to certain benefits. Opportunity was offered, however, for a reservist to regain the required level of proficiency and thereby restore his eligibility to certain benefits.

Another proposed amendment made it possible for the appropriate Secretary of a military department to "discharge any member of a Reserve component who was in excess of mobilization requirements in any category of skill or qualifications."

C. The main amendments proposed to the National Defense Act, as amended (39 Stat. 166).-These amendments were concerned with authorization to establish a non-federally recognized State militia, and with the wording of the oath to be taken by men who enlisted in the National Guard or Air National Guard.

The administration bill proposed that each State, Territory, and the District of Columbia could organize, under regulations prescribed by the President, a non-federally recognzed militia in addition to the federally recognized National Guard, Air National Guard, and Naval Militia. Each State militia was to be used within its borders under the authority of its chief executive.

In time of war or a national emergency declared by Congress or proclaimed by the President, the federally recognized National Guard and Air National Guard could not be used by the chief executive of a State or Territory unless authorized by the President.

A member of the Reserve Forces was not to be eligible for membership in the new State militia nor was any person who was liable for induction into the Armed Forces. Membership in the organized militia could not exempt anyone from military service.

Provision was made whereby the President could prescribe for the organized militia with regard to such matters as organization, standards of training, instruction, discipline, the use of Federal funds, the issue of arms, ammunition, clothing, etc.

The wording of the oath to be taken by each man enlisting in the National Guard or the Air National Guard was set forth in the bill. Section 6 of H. R. 2967 provided for the repeal of parts of the Universal Military Training and Service Act (64 Stat. 605), the Armed Forces Reserve Act of 1952, as amended, and the Army and Air Force Authorization Act of 1949 (64 Stat. 322, 323). The changes were largely technical and were proposed in order to ensure conformance of the law with the Reserve structure provided by the bill. Among the repealing provisions was one which removed the statutory personnel strength ceilings which had been placed on the Army Reserve and the Air Force Reserve.