mission and Administrator of the War Shipping Administration without affecting his naval status and perquisites.

(Senate Joint Resolution 130 is as follows:)

[S. J. Res. 130, 79th Cong., 2d sess.]

JOINT RESOLUTION To authorize the President to appoint Rear Admiral Earle W. Mills, United States Navy, to the office of Chairman and member of the United States Maritime Commission and Administrator of the War Shipping Administration without affecting his naval status and perquisites

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding the provisions of the Act of July 31, 1894 (28 Stat. 205), as amended (title 5, U. S. C., sec. 62), or any other provisions of law, the President, acting by and with the advice and consent of the Senate, is authorized to appoint Rear Admiral Earle W. Mills, an officer in the United States Navy, to the office of Chairman and member of the United States Maritime Commission and Administrator of the War Shipping Administration, and the said Rear Admiral Mills' appointment to, acceptance of, and service in that office shall in no way affect any status, office, rank, or grade he may occupy or hold in the United States Navy or any component thereof, or any emolument, perquisite, right, privilege, or benefit incident to or arising out of such status, office, rank, or grade: Provided, That so long as he holds the office of Chairman and member of the United States Maritime Commission Rear Admiral Mills shall have the rank and grade of Rear Admiral in the United States Navy or a higher rank and grade in the United States Navy, and he shall receive the pay and allowances payable to an officer serving on active duty with the rank and grade of Rear Admiral of the upper half in the United States Navy, or the pay and allowances of any higher rank which he may hold by reason of any promotion received prior to or subsequent to the date of approval of this Act. In the event the salary prescribed by law for the office of Chairman and member of the United States Maritime Commission and Administrator of the War Shipping Administration exceeds his Navy pay and allowances, Rear Admiral Mills shall receive directly from the United States Maritime Commission the difference between his Navy pay and allowances and his salary as Chairman and member of the United States Maritime Commission and Administrator of the War Shipping Administration.

SEC. 2. In the performance of his duties as Chairman and member of the United States Maritime Commission and Administrator of the War Shipping Administration, Rear Admiral Mills shall be subject to no supervision, control, restriction, or prohibition (naval, military, or otherwise) other than would be operative with respect to him if he were in no way connected with the Navy Department. the Naval Establishment, or the United States Navy, or any component thereof. SEC. 3. Appropriations made for the United States Maritime Commission and the War Shipping Administration shall be available for reimbursement to the Navy Department of all pay and allowances received by Rear Admiral Mills from the Navy Department or its agencies while he is serving in the office of Chairman and member of the United States Maritime Commission and Administrator of the War Shipping Administration.

The CHAIRMAN. Admiral Mills, will you come forward?

STATEMENT OF REAR ADM. EARLE W. MILLS

The CHAIRMAN. Admiral, will you tell us how long you have been in the Navy?

Admiral MILLS. Mr. Chairman, I first entered the Navy in 1914. I was appointed from the State of Arkansas by Congressman Otis Wingo.

I have been in the Navy continuously since that time.

The CHAIRMAN. You have graduated from the Academy? Admiral MILLS. I graduated from the United States Naval Academy in 1917; I was commissioned a year early, on account of World War I. I served about 17 years in the regular line of the Navy.

82543-46- 2

Then I put in an application for designation as "engineering duty only."

Since that time I have specialized in engineering and ship construction in a technical capacity, primarily with the Bureau of Ships.

The CHAIRMAN. How long have you been with the Bureau of Ships? Admiral MILLS. I have been with the Bureau of Ships in two different cruises, Mr. Chairman.

I first came there in 1933, and then I served until 1937.

Then I went to sea for about 22 years. I came back to the Bureau of Ships in the latter part of 1939 and I have been there continuously since that time.

I was appointed Assistant Chief of the Bureau of Ships in November 1942 and I have been continuously on that job ever since. I am occupying that job at the present time.

The CHAIRMAN. Admiral, how long do you have to serve in the Navy before retiring?

Admiral MILLS. I have got about a year and a half, roughly, to go, because, you see, my class is not permitted to count Naval Academy service for the purposes of determining retirement time.

My actual service since that time, which counts toward retirement, starts as of June 29, 1917.

The CHAIRMAN. As I understand it, briefly, this bill would permit you to continue your status; it would permit you the right to remain in the Navy and accept the position in the Maritime Commission. Admiral MILLS. That is correct, sir.

The CHAIRMAN. Will you tell us about the circumstances connected with your going over to the Maritime Commission or being requested to go to the Maritime Commission?

Admiral MILLS. Well, Mr. Chairman, as a matter of fact this appointment was a complete surprise to me. I had received no previous intimation regarding the matter.

I was sent for by the President, as noted in this statement, which I have set forth in my letter [indicating].

The President requested that I accept the appointment to relieve Admiral Land as Chairman of the Maritime Commission and Administrator of the War Shipping Administration.

Naturally, I was quite a little bit surprised, if you might put it that way, by the request, because I had given it very little thought. I told the President at that time that I was in a most peculiar position.

The CHAIRMAN. In what regard, Admiral?

Admiral MILLS. You see, Mr. Chairman, actually my permanent rank in the Navy is that of a captain. I occupy my job as a rear admiral in the Navy, which appointment was never confirmed by the Senate, and it does not have to be confirmed by the Senate, because of the provision for this position in the law which combined the old Bureaus of Engineering and Construction and Repair into the Bureau of Ships.

In setting up that Bureau, the act provides for the appointment of a Chief who has to be confirmed by the Senate.

At the same time, it provides for the designation of the Assistant Chief, and it provides what his rank and pay should be, but it provides that he shall be selected by the Secretary of the Navy.

up.

The CHAIRMAN. That is interesting.

Is there any other case like that?

Admiral MILLS. I don't know of any other case, in the whole set

So, as you can see, that leaves me in the most peculiar position that if I am detached from my present duty, I automatically become a captain.

I am likewise removed from the normal process of coming before a Navy Board for promotion consideration.

I told the President that, and I told him that I thought that some steps should be taken to protect my rights in the matter.

I told him that I would be removed from the promotion I would normally be considered for during my remaining term of duty.

He authorized me to discuss the matter with the Secretary of the Navy and Vice Admiral Denfeld, Chief of the Bureau of Naval Personnel.

This bill is the outcome of that.

Senator ROBERTSON. Has there been any precedent for that?
Admiral MILLS. I think there are some.

The CHAIRMAN. I think there was a precedent, sir, in the case of Admiral Land.

Admiral MILLS. No; in the case of Admiral Vickery. That was a precedent because Admiral Vickery, when he went over, was a commander.

The CHAIRMAN. Is there any other case, except that of Admiral Vickery, that you can think of?

Admiral MILLS. Yes, sir; I can think of two other cases outside the Navy.

For instance, General Bradley, who went over to the Veterans' Administration.

Likewise, there was General Erskine, who took over a job-I am not familiar with what it was, but I know he has a job with a civil appointment.

The CHAIRMAN. Is that true with regard to General Hines, too?
Admiral MILLS. I cannot tell you.

The CHAIRMAN. Any questions, gentlemen?

Senator WILLIS. I wonder if it would be better to make a general law to apply to those cases.

The CHAIRMAN. I think it ought to be made only in exceptional cases, where there is a real demand for the services of a naval officer; otherwise, persons might be coming up right and left and they would be giving them all the rights of naval laws, without any authority from the committee or from the Navy or without our knowing about it. Senator MCCLELLAN. This keeps it under our control?

The CHAIRMAN. It remains under our control, that is right.
Off the record.

(Discussion off the record.)

The CHAIRMAN. All right, Admiral.

Admiral MILLS. Thank you very much.

The CHAIRMAN. Admiral Mills, we compliment you, sir, on being selected for this responsible position, and we will try to be cooperative. Admiral MILLS. I will need a lot of help from you, Mr. Chairman.

I do not expect to build Rome in a day, and there are a lot of things I will have to find out, but I know where I am headed.

Senator ROBERTSON. It will take a lot of courage, Admiral.
We congratulate you.

Admiral MILLS. Thank you.

H. R. 4421

The CHAIRMAN. We will now proceed to H. R. 4421, to increase the permanent authorized enlisted strength of the active list of the Regular Navy and Marine Corps, to increase the permanent authorized number of commissioned officers of the active list of the line of the Regular Navy, and to authorize permanent appointments in the regular Navy and Marine Corps.

(H. R. 4421 is as follows:)

[H. R. 4421, 79th Cong., 1st sess.]

AN ACT To increase the permanent authorized enlisted strength of the active list of the Regular Navy and Marine Corps, to increase the permanent authorized number of commissioned officers of the active list of the line of the Regular Navy, and to authorize permanent appointments in the Regular Navy and Marine Corps, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That in order to remove any apprehension on the part of Naval Reserve officers regarding their opportunities for advancement in event of their transfer to the Regular Navy, it is hereby declared to be the policy of the Congress that in all matters relating to commissioned officers in the Regular Navy there shall be no discrimination whatsoever against officers because of the source from which they entered the Regular Navy, and that no preference shall be given officers by reason of the fact that they entered the Regular Navy from any particular source; and, among other things, that all commissioned officers in the Regular Navy, regardless of the source from which they entered the Regular Navy, shall receive the same treatment with respect to opportunities for (1) promotion or advancement to all grades in the Navy, (2) holding any positions or assignments in the Navy including proportionate representation on selection boards, and (3) attending the Naval War College, postgraduate schools, or other schools, or otherwise receiving advanced or technical training.

SEC. 2. (a) The permanent authorized enlisted strength of the active list of the Regular Navy shall hereafter be five hundred thousand.

(b) Hereafter the permanent authorized enlisted strength of the active list of the Regular Marine Corps shall be 20 per centum of the permanent authorized enlisted strength of the active list of the Regular Navy.

SEC. 3. The number of enlisted men of the Navy and Marine Corps provided for shall be construed to mean the daily average number of enlisted men in the naval service during the fiscal year.

SEC. 4. The permanent authorized number of commissioned officers of the active list of the line of the Regular Navy, exclusive of commissioned warrant officers, shall hereafter be equal to 8 percent of the permanent authorized enlisted strength of the active list of the Regular Navy.

SEC. 5. (a) The President may appoint male officers of the Naval Reserve and of the Marine Corps Reserve, officers of the Regular Navy and Marine Corps without permanent appointments therein, commissioned warrant and warrant officers of the Regular Navy and Marine Corps with temporary appointments in higher grades and ranks, and any person who served on active duty in any such capacity during World War II and shall have been separated from such officer status under honorable conditions, to permanent warrant grades or, with the advice and consent of the Senate, to permanent commissioned grades and ranks in the Regular Navy and Marine Corps, respectively, but no such person shall be appointed to a grade or rank higher than the highest grade or rank in which he served on active duty. Appointments pursuant to this subsection to commissioned warrant and warrant grades shall be in such numbers as the President may determine, and to other grades and ranks in such numbers that, exclusive of commissioned warrant and warrant officers, the total number of officers of the line and of each of the Staff Corps and the Navy, and of the Marine Corps, will not exceed the authorized numbers of such officers.

(b) (1) Each appointee who is serving on active duty in a higher grade or rank than that in which appointed under subsection (a) of this section shall also be appointed for temporary service pursuant to, and subject to the limitations of, the Act of July 24, 1941 (55 Stat. 603), as now or hereafter amended, to such higher grade or rank and with the precedence held by him at the time of acceptance of permanent appointment; each appointee not serving on active duty in an officer grade or rank who is appointed under subsection (a) of this section to a grade or rank lower than the highest grade or rank held while on active duty in World War II other than by virtue of a temporary appointment which by its terms was of limited duration, may be similarly appointed to such higher rank or grade and with precedence determined in accordance with regulations promulgated under subsection (e) of this section.

(2) During such period as the Secretary of the Navy may determine but not later than 6 months after June 30 of the fiscal year following that in which the present wars shall terminate, notwithstanding date of rank and lineal position assigned upon permanent appointment under subsection (a) of this section, (A) each officer who receives a permanent appointment in the same grade or rank in which he is then serving on active duty in the Naval or Marine Corps Reserve shall retain the precedence held by him at the time of such appointment: (B) each person not serving on active duty in an officer grade or rank or serving on active duty in his permanent commissioned warrant or warrant grade who is appointed under subsection (a) of this section to the highest grade or rank held while on active duty in World War II other than by virtue of a temporary appointment which by its terms was of limited duration, shall have precedence determined in accordance with regulations promulgated under subsection (c) of this section.

(e) (1) Appointments under subsection (a) of this section shall be made pursuant to regulations prescribed by the President for the administration of this section.

(2) Such regulations shall include, among other provisions, (A) provisions establishing standards and qualifications for appointment thereunder to the several grades and ranks and for the determination of the lineal position and precedence of appointees; and (B) provisions for the assignment of running mates to officers appointed thereunder to the Staff Corps of the Regular Navy. (3) Such regulations may provide for (A) readjustment of the lineal position and precedence of persons heretofore or hereafter appointed under other provisions of law to commissioned grades or ranks in the Regular Navy subsequent to September 8, 1939, and in the Regular Marine Corps subsequent to June 30, 1939, and (B) reassignment of running mates to persons so appointed to commissioned grades or ranks in the Staff Corps of the Regular Navy.

(d) Except as provided in subsection (b) the authority granted by this section shall expire 6 months after June 30 of the fiscal year following that in which the present war shall terminate or 2 years after the effective date of this Act, whichever shall be the later.

SEC. 6. (a) The commission of any appointee under subsection (a) of section 5 may be revoked by the Secretary of the Navy until the latest date on which the commission of any officer (or in the case of officers of the Staff Corps of the Navy, an officer in his corps) senior in lineal position to that assigned such appointee pursuant to regulations established under subsection (c) of section 5 of this Act is revocable.

(b) Each officer (other than officers appointed or reappointed pursuant to subsection (c)) whose commission is so revoked shall thereupon be discharged from the naval service without advanced pay or allowances.

(c) Each officer above the grade of commissioned warrant officer whose commission is so revoked and who (1) at the time of his appointment under subsection (a) of section 5, held permanent status as a commissioned warrant officer may be reappointed by the President to such permanent status without examination, with the lineal position and precedence to which his seniority would have entitled him had his service subsequent to reappointment under such subsection (a) been rendered in such permanent status, or (2) at the time of his appointment under such subsection (a) held permanent status as a warrant or petty officer may be appointed by the President without examination to the permanent commissioned warrant, warrant grade, or chief petty officer permanent grade and with the same lineal position and precedence which he normally would have attained in due course had he not been appointed pursuant to such subsection (a). SEC. 7. Notwithstanding any other provision of law, each officer of the Naval