Colonel MITCHELL. No, sir, this was not permitted after September 1939, I believe sir, and it has been out ever since.

Mr. PICKETT. When was this temporary legislation enacted, Colonel, this thing we are dealing with now?

Colonel MITCHELL. It has not been, sir. The basic act says that in time of peace, you see, the President may prescribe and so forthso as long as we are in a state of war officially, the act does not become operative.

Mr. BURRUS. I want to clear something up. You say that it was not permitted between 1939 and the time war was declared. You do not mean the law did not permit it.

Colonel MITCHELL. I did not mean that, but that purchases of discharges were not permitted during that period.

Mr. PICKETT. And it was handled administratively; was it? Colonel MITCHELL. Yes, sir. I do not know the details of how it was. I just know the fact that there were none after that; September

1939.

Mr. PICKETT. And if this power lapsed, we would be right back in the same situation we were in from September 1939 until December 7, 1941?

Colonel MITCHELL. As far as I can tell that is exactly correct, sir. I do not know of anything different.

Mr. PICKETT. And this act applies as well to the volunteer of the Regular Establishment as to those who come in under the Selective Service Act and are called back into active service under the Reserve provisions and so on?

Colonel MITCHELL. Yes, sir. The basic law refers to the enlisted. men of the Army. Those enlisted men that you spoke of, sir, are included as enlisted men of the Army, although varied acts also affect them.

Mr. PICKETT. In other words, all enlisted men regardless of how they got into the service.

Colonel MITCHELL. Yes, sir; because the basic provision of the act makes no particular reference to the Regular Army as such, sir. Mr. PICKETT. And it also applies in the same respect to Navy personnel?

Colonel MITCHELL. Yes, sir.

Mr. BURRUS. The next item is on page 30. It is section 2 (b) (10) of the bill. Commander Karl Jeffers is our witness. This item has to do with the rights and benefits of officers of the Coast and Geodetic Survey when assigned with the Armed Forces on hazardous duty.

2 (b) (10), Item 448b

RIGHTS AND BENEFITS OF OFFICERS OF THE COAST AND GEODETIC SURVEY WHEN ASSIGNED WITH THE ARMED FORCES ON HAZARDOUS DUTY (33 U. S. C. 855a) Commissioned officers of the Coast and Geodetic Survey who are "during the period of the present war" assigned to any duty with the Armed Forces which is determined by the Department of the Army or the Department of the Navy to be of immediate military hazard, shall have the rights and benefits of officers actually transferred to such forces.

It would appear that in cases where an officer serves on duty deemed to be of immediate military hazard, the service, not the manner in which the officer is assigned to the service, should be the controlling factor in determining the rights and benefits earned by such service, regardless of whether the service

occurred during World War II or during another period of armed conflict or national emergency.

855a

ASSIGNMENT TO PROJECTS OF ARMY AND NAVY OUTSIDE CONTINENTAL UNITED STATES OR IN HAZARDOUS MILITARY AREAS; RIGHTS AND BENEFITS Commissioned officers of the Coast and Geodetic Survey who are assigned, during the period of the present war, to duty on projects for the Department of the Army or the Navy Department in areas outside the continental United States or in Alaska, or in coastal areas of the United States, determined by the Department of the Army or Navy Department to be of immediate military hazard, shall, while on such duty, be entitled to the rights and benefits provided by law for officers of the Coast and Geodetic Survey who are actually transferred to the service of the Department of the Army or the Navy Department: Provided, That the benefits of this section shall be applicable also to commissioned officers of the Coast and Geodetic Survey serving in the Philippine Islands on December 7, 1941 (December 3, 1942, ch. 670, 2, 56 Stat. 1038; July 26, 1947, ch. 343, title II, 205 (a), 61 Stat. 501).

STATEMENT OF COMMANDER KARL B. JEFFERS

Commander JEFFERS. I am Karl B. Jeffers, commander, Coast and Geodetic Survey. The item under discussion here is section 2 of the act of December 3, 1942.

The rights and benefits provided by law for officers of the Coast and Geodetic Survey who were actually transferred is found in the act of May 22, 1917, which is in volume 40 of the statutes beginning on page 87. Under that law the President is authorized, at his discretion, in time of war or national emergency to transfer personnel, ships, stations, and equipment of the Coast and Geodetic Survey to the jurisdiction of the War Department or the Navy Department. It also provides in part as follows:

Any of the personnel of the Coast and Geodetic Survey who may be transferred as herein provided shall, while under the jurisdiction of the War Department or Navy Department, have proper military status and shall be subject to the laws, regulations, and orders for the government of the Army or the Navy as the case may be.

The benefits therefore would be those of a veteran of the military service. In other words they would have full military status while they were engaged in such projects in areas declared to be of military hazard.

During the Second World War, of our small force, three officers lost their lives while on such duty. Our immediate concern, our only concern here, is the provision for benefits for the survivors of officers who may lose their lives under such circumstances. There is no other provision of law which guarantees such benefit to survivors of such an officer.

We have proposed that the law be amended to make it permanent legislation. However, that has not been carried into a draft of legistion. We have delayed any further action on it pending action on other legislation which might alleviate the situation and maybe give us a sufficient coverage that we would not have to do anything with this at all.

For example, the survivor's benefit bill. If that went through, we would have no need for legislation such as this.

There are two sources, of course, of benefits. One is the veteran's benefit, and the other is the Federal employee compensation benefits.

Up until today we have never had any claim submitted by an officer or his dependent to the Federal Employees Compensation Commission honored and payment made. The ruling has been that they are commissioned officers who hold their appointments by virtue of a Presidential appointment with the consent of the Senate. Therefore they were somewhat different from the normal civil-service appointee and were not covered by the law.

Under the 1949 amendments to the statutes it appears that they may be. However, the Secretary of Labor has stated that a precedent decision would be necessary in order to make a final determination. We ask, therefore, that this law be continued in effect pending the enactment of permanent legislation which would guarantee to the survivors of any officer such annuity or benefit.

Mr. PICKETT. Commander, I observed that this provision applies to officer personnel only, is that correct?

Commander JEFFERS. That is correct; yes, sir.

Mr. PICKETT. What similar benefits are there, if any, for enlisted personnel of the Coast and Geodetic Survey at present?

Commander JEFFERS. We have no truly enlisted personnel, sir. They are all civil-service personnel and are covered by the Federal Employee Compensation Act.

Mr. PICKETT. Do you gentlemen to whom the act does apply in ordinary peacetime, are you considered as officer personnel of the Coast and Geodetic Survey?

Commander JEFFERS. That is correct; yes, sir.

Mr. PICKETT. Then the effect of this law is merely to transfer your status for the purposes of the benefits involved to the Military Establishment when you are on duty that is prescribed under the terms of the act?

Commander JEFFERS. Yes, as prescribed under the terms of the act, which means zones of military hazard.

Mr. PICKETT. Did I understand you to say a moment ago that the basic law provides that the President may effect your transfer to the various branches of the Armed Forces in time of war or in time of national emergency?

Commander JEFFERS. Yes, sir, at his discretion.

Mr. PICKETT. Suppose that this act expired and it was not continued under our bill. He would still be empowered under basic legislation to transfer you and the other Coast and Geodetic personnel to the various branches of the armed services?

Commander JEFFERS. That is correct. The legal opinion has been given that as a matter of fact he can transfer the whole outfit.

Mr. PICKETT. Would not that very act of transfer under the basic legislation carry with it the benefits that you seek by virtue of the continuation of this act?

Commander JEFFERS. It would, sir, if they transferred all of them. However, there are many services which we perform for various branches of the military which require us to retain a certain number of our personnel in our own establishment and to carry on projects for them, some of them in areas of the immediate military hazard. In other words, if we were to transfer, for example, to the Navy, possibly the Army or the Air Force would not get the services that they think they should get from the Coast Survey.

Mr. PICKETT. Then if I understand you, the Executive transfer of the entire corps, if I may call it that, of officers in the Coast and Geodetic Survey, would necessarily have to be to one of the three major branches of the Armed Forces?

Commander JEFFERS. I think it would, yes, sir, for efficient opera

tion.

Mr. PICKETT. And it would have to be a transfer of all of that personnel rather than just part of it?

Commander JEFFERS. Yes, sir.

Mr. PICKETT. Do I understand that unless all of the personnel were so transferred that the benefits could not accrue to the personnel who were transferred if it were less than all?

Commander JEFFERS. No, sir. Anyone who was transferred to the military immediately has a full military status.

Mr. PICKETT. I think it is obvious to you, Commander, but I do not quite understand the necessity for continuing in the law here what can be actually done under the basic act, and accomplish the same purpose. Would you enlighten me a little bit on that, if I appear to be confused?

Commander JEFFERS. For example, sir, right now we are working on many projects for the military. The majority of it in Alaska and in the Bering Sea, along the Aleutian Islands, and so forth. It is obvious, therefore, that these vessels would lie in the path of any attack on Alaska. As a matter of fact, the military services are footing the bill for part of these surveys up there. In the event of an undeclared war, and a sudden attack there, these ships would be in the middle of it and a third of our people would be exposed to military hazard immediately. Without something of this kind on the books, there would be no provision whatever which we know would operate to provide a benefit to any survivor of an officer who lost his life in such circumstance.

Mr. PICKETT. Then you are operating in those waters that you just mentioned without actually being assigned to the Army, Navy, or Air Force?

Commander JEFFERS. That is correct. We are operating as a unit of the Coast and Geodetic Survey.

Mr. PICKETT. It is only by the existence of this statute that you are entitled to the benefits that you seek to continue?

Commander JEFFERS. Yes, sir.

Mr. BRICKFIELD. In order to clear the record, this particular act pertains to those people of the Coast and Geodetic Survey Corps who have not been transferred to the armed services?

Commander JEFFERS. That is correct.

Mr. BRICKFIELD. And they include only those people who still remain with the Coast and Geodetic Survey Corps who are doing duty for the armed services?

Commander JEFFERS. That is right. In areas of military hazard. Mr. BRICKFIELD. In other words, these people are doing work with the armed services without actually being transferred to the armed services?

Commander JEFFERS. Not with, but for the armed services.

Mr. BRICKFIELD. And it is only by reason of their doing duty for the armed services that they are entitled to certain hazard payments? Commander JEFFERS. Yes, sir.

Mr. PICKETT. Let me get at it this way, Commander. I presume that you have a number of personnel who are engaged in your normal functions and not related to work directly for the military establishment. Are those people covered under this act? Commander JEFFERS. No, sir, they are not.

Mr. PICKETT. They must actually be doing work that is related to the prosecution of the military establishment's business or the Armed Forces' business, is that correct?

Commander JEFFERS. That is right. Actually the Army or Navy would determine their eligibility by a classification of the zone in which the project was being carried on and the request, the original request for the work. If we made the assignment ourselves, of our own volition, it still would not cover these people.

Mr. PICKETT. Obviously to discuss Alaska would not accomplish anything, and I think we all recognize the possibilities of that situation. Suppose that since you are doing work in Alaska at the request of the Armed Forces, and you should send up on your own some more people in addition to the ones they have asked for and who are already there, to do some work in your field that you particularly wanted but that was not required by the Armed Forces. Would they also be covered in the event of an attack?

Commander JEFFERS. I do not think they would, sir.

Mr. PICKETT. Then we will assume you are doing work off the coast of Florida. I presume that you are, at least on the Atlantic and Gulf coast. You are doing that on your own. Those men are obviously not covered under the benefits provided in this act.

Commander JEFFERS. They would not be unless a war actually had been declared, and then any vessel that we have operating in any of the United States waters would be immediately assigned to projects for the Navy or the Army. Their demands are always heavy and take all of our equipment.

Mr. PICKETT. Suppose that under this situation the Armed Forces asked you to go off the coast of Florida in the vicinity of Eglin Field, for instance, and do some work for the Air Force down there, and something happened to you. Would the benefits described under this act obtain for those people?

Commander JEFFERS. Yes, sir. Presumably it would have been declared an area of military hazard.

Mr. PICKETT. But if you went out there on your own it would not? Commander JEFFERS. No, sir.

Mr. PICKETT. Thank you, Commander, unless you have a further statement.

Mr. BURRUS. We will recall Colonel Lunceford to testify on three items relating to claims. The first of these items is on page 15, in the middle of the page. It is section 1 (a) (10) of the bill. It is a procedural item relating to the Foreign Claims Act. It provides that claims commissions need not be composed of officers of the service concerned, "commission" being the body that would consider the claim. That applies only in time of war, and it is proposed to continue that procedural authority during the emergency.