emergency that would be precluded. That is why we made this distinction between this item and the previous item. Mr. PICKETT. I have no further questions on that item, gentlemen. Mr. BURRUS. We certainly appreciate this afternoon's session and your holding it, and the speed with which we have moved along. Mr. PICKETT. According to this list we have not yet discussed 1 (b) (3). Mr. BURRUS. That is right. Mr. PICKETT. Nor 1 (c). Mr. BURRUS. That is right. Mr. PICKETT. Those are the only two items on the first page of this agenda that we have not discussed; is that right? Mr. BURRUS. That is correct. Mr. PICKETT. We will recess until 10 o'clock tomorrow morning. (Whereupon, at 4: 03 p. m., the hearing was adjourned to reconvene at 10 a. m., March 7, 1952.) 4:03 EMERGENCY POWERS CONTINUATION ACT FRIDAY, MARCH 7, 1952 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 4, The subcommittee met at 10: 15 a. m., in room 346, Old House Office Building, the Honorable E. L. Forrester presiding. Subcommittee members present: Representatives Forrester, Pickett, Boggs, and Hillings. Present also: Miss Velma Smedley, assistant chief clerk. Mr. FORRESTER. There being a quorum present, the committee will come to order. We will take up from where we left off on yesterday. Mr. Burrus, what is the particular item? Mr. BURRUS. Colonel Fleps is here today to testify on item 1 (b) (3), and that is on page 24 of House Document 368. You will find it at the bottom of that page. It has to do with the employment of Navy and Marine Corps Aviation Reserve officers in time of peace. That involves another restriction or limitation that comes into force when peace is established. The limitation is that officers of the Naval Reserve and the Marine Corps Reserve who are commissioned under this Naval Aviation Cadet Act may be employed on active duty only during a certain period following the date of their commission, except for strictly training purposes. If this restriction were to come into force upon the establishment of peace, our armed services would be deprived of the manpower needed in the aviation field. Colonel Fleps will explain it in detail and answer your questions. Item 1 (b) (3) Section 850i. Same; peacetime active duty; limitation on time. In time of peace officers commissioned pursuant to this subchapter or to the Naval Aviation Reserve Act of 1939 (53 Stat. 819) may be employed on active duty only during the seven-year period next following the date of such commissioning, except that such officers may be ordered to active duty thereafter for the purpose of instructing and training members of the Naval Reserve and Marine Corps Reserve. Aug. 4, 1942, c. 547, section 10, 56 Stat. 738. STATEMENT OF LT. COL. C. J. FLEPS, UNITED STATES Lieutenant Colonel FLEPS. Mr. Chairman, my name is Carl J. Fleps. I am a lieutenant colonel in the United States Marine Corps, stationed in the Division of Aviation of Headquarters, Marine Corps. Upon the termination of the state of war with Japan, certain statutory provisions which have been dormant during the state of war, shall again become operative unless remedial legislative action is taken. Among these provisions is one contained in the Naval Aviation Cadet Act of 1942 (56 Stat. 738; 34 U. S. C. 850i) which provides as follows: In time of peace, officers commissioned pursuant to this Act or to the Naval Aviation Reserve Act of 1939 (53 Stat. 819) may be employed on active duty only during the seven-year period next following the date of such commissioning, except that such officers may be ordered to active duty thereafter for the purpose of instructing and training members of the Naval Reserve and Marine Corps Reserve. During the life of section 21 of the Universal Military Training and Service Act-which expires on July 1, 1953-the President has authority to order any reservist to active duty for a maximum period of 24 months. In time of peace the Secretary of the Navy, under authority contained in the act of October 8, 1940, may order Reserve officers of the Navy and Marine Corps Reserve to active duty with their consent. However, the prohibition contained in the quoted section of the Naval Aviation Cadet Act of 1942 precludes the active duty employment beyond the 24 months now provided for in the Universal Military Training and Service Act of Reserve naval aviators who have been commissioned more than 7 years who volunteer for longer periods of service. The limiting provision of the Cadet Act has a great effect upon the Navy and Marine Corps because virtually all Navy and Marine Corps Reserve aviators were commissioned prior to the beginning of the calendar year 1946. There was no input of naval aviators into the Marine Corps Reserve during the years 1946 to 1950, and only 547 from this source into the Navy Reserve. Since the outbreak of the Korean conflict the Marine Corps has mobilized all the aviators in its Organized Reserve squadrons and a number of selected Volunteer Reserve aviators. The phase-out of those first mobilized was begun in January of this year. In the meantime, the Marine Corps has encouraged individual aviators to remain on active duty voluntarily beyond their normal release dates for periods up to 36 months, with yearly extensions for a maximum tour of 5 years, contingent on budget limitations and satisfactory performance of duty. What has just been said with respect to the Marine Corps is also generally applicable to the Navy. More than 3,100 naval aviators, including 500 naval aviators in the Marine Corps Reserve have already submitted requests to be retained on extended active duty, and more requests are anticipated as additional Reserve aviators approach the expiration of their obligated active duty tours. It is conservatively estimated that about 3,600 aviators-750 in the Marine Corps Reserve-will volunteer altogether. The termination of World War II will result in a loss to the Marine Corps and the Navy of these volunteer aviators through the limiting provision of the Cadet Act. In order to carry out its assigned missions, the naval service is required to obtain naval aviators from all available sources. Retention on active duty of Reserve aviators who volunteer their services is an important source, enhanced by the fact that these aviators are well trained and experienced and are highly motivated to perform active service. If the Marine Corps and the Navy are forced to release these aviators by the 7-year rule, they will not be able to replace them from any other source in the age and rank groups required. Output from the flight training program will not be sufficient until about June 1956. The members of your committee are fully aware of the personal sacrifices made by most individual reservists in responding to the call to active duty. The Navy Department therefore feels it is safe to assume that all members of this committee join in lauding those reservists who spiritedly volunteer to remain on active duty in excess of their obligated periods of service, despite the personal hardships and physical dangers involved. Moreover, the Navy Department feels that it is morally bound to keep faith with these individuals who have already committed themselves to remain on active duty voluntarily and urges that the Congress support it in this respect. To retain the valuable services of these individuals and to permit the Marine Corps and the Navy to carry out their moral obligations, it is necessary that section 10 of the Naval Aviation Cadet Act of 1942 be continued inoperative until 6 months after termination of the national emergency proclaimed by the President on December 16, 1950, as provided in section 1 (b) (3) of the Emergency Powers Continuation Act. Concurrently, it may be stated that the Navy and the Marine Corps are studying section 10 of the Naval Aviation Cadet Act of 1942 to determine whether a recommendation should be made to the Congress to change it by permanent legislation but at this time a decision in this respect has not been reached. Mr. FORRESTER. Does that complete your statement? Lieutenant Colonel FLEPS. Yes, sir. Mr. FORRESTER. Do you have something you desire to add to that statement? Mr. PICKETT. Colonel, obviously the members of this committee are not familiar with the basic legislation dealing with the Military Establishment, for the reason that it all goes through the Armed Services Committee. Perhaps some of these other gentlemen may be excluded from that statement I have just made, but it certainly applies to me. In looking over this list of statutes that you want continued in effect, and the list you want continued to be suspended, I find that on page 25 of our explanation there is the item 1 (c) which deals with the continuation of appointments of warrant officers and Resere component officers in the Army and Air Force. Are those principles involved in the one you have made your presentation on and the 1 (c) item similar? Lieutenant Colonel FLEPS. Mr. Pickett, I am not qualified to answer that question. I would like to pass it to Mr. Burrus, if I may. Mr. BURRUS. They are similar in that they both involve suspensions of peacetime restrictions; but they are not similar with respect to the officers they cover, as I understand. Mr. PICKETT. Of course they would not be, since one deals with the Navy and Marine Corps aviators and the other one deals with warrant officers and Reserve component officers of the Army and Air Force. But the principle involved is the same, although the legislation applies to different branches of the service. Mr. BURRUS. 1 (c) is continuing in effect appointments, and the one that Colonel Fleps just testified on would be to enable them to continue on with their voluntary assignments of duty. I think they are different things. One would force the Army to let go certain commissioned officers or to take care of their appointment in another manner, whereas-well, they are similar in that the Army would lose the commissioned officers in both respects, for different reasons. Let us put it that way. Mr. PICKETT. In either event the failure to include these two prohibitions and therefore return to a peacetime status would result in the branches of the service involved losing certain personnel that are now on active duty. Is that right? Mr. BURRUS. That is correct. Mr. PICKETT. To that extent they are similar. Mr. BURRUS. That is correct. Mr. PICKETT. Although the arrival at that point is by different procedures. Is that correct? Mr. BURRUS. Yes. Excuse me 1 minute; that is not completely correct because the appointments under 1 (c), as I understand itand I think Colonel Mitchell will explain-could be made under another authority, but it would impose a very heavy administrative burden upon the Army to have to do it in that manner rather than by a general Executive order. I am really not qualified to go into the technical aspects of it, but I wanted to be sure I did not mislead you. Mr. PICKETT. Then do I understand whereas in 1 (c), by administrative action they could continue those persons on active duty and in Reserve status, under 1 (b) (3), which the colonel presents, there is no such administrative alternative? Is that right? Lieutenant Colonel FLEPS. Yes, sir. Mr. BURRUS. That is correct. Mr. PICKETT. Then you do need the extension of this statute or continuation of suspension of the peacetime law to keep those personnel in service. Lieutenant Colonel FLEPS. Beyond the 24 months that they may be kept on by the President. Mr. BOGGS. But to keep them in service on a voluntary basis only; that is the main point of it-only in the event they execute a voluntary contract. Lieutenant Colonel FLEPS. Yes, sir. Mr. PICKETT. Then in 1 (b) (3) here, Colonel, I understand that in no event would you be able to keep a man on duty except he be a volunteer. Is that right? Lieutenant Colonel FLEPS. That is right, sir. Mr. PICKETT. There would be no involuntary continuation on duty. Lieutenant Colonel FLEPS. No, sir. |