CONTENTS BY DATES-Continued 51 Discussion of amendment to sec. 1, "Short Title". 52 Discussion of amendment to sec. 2, "Definitions". 53 Discussion of amendment to sec. 101 and deletion of sec. 103, Discussion of amendment to section 304, "Army Areas". 64 Discussion of amendments to section 404, "Saving Provisions". Discussion of amendment to section 407, "Saving Provision- Memorandum: Laws not affected by Army organization bill__ Table 1. Sections of the United States Code applicable to the Army not affected by Army organization bill--- Table 2. Sections of the United States Code repealed by Army The subcommittee met at 10 a. m., Hon. Paul J. Kilday, chairman of the subcommittee, presiding. Present, representing the Department of the Army: Hon. Gordon Gray, Secretary of the Army, accompanied by Gen. J. Lawton Collins, Chief of Staff; Maj. Gen. Clark L. Ruffner, Col. Kilbourne Johnston, Col. Archibald King, and Lt. Col. G. Emery Baya. Mr. KILDAY. We will take up this morning H. R. 5794. (H. R. 5794 and the report of the Department of Defense follow :) A BILL To provide for the organization of the Army and the Department of the Army, Be it enacted by the Senate and House of Representatives of the United States Title I-Secretary of the Army. Title II-Chief of Staff and the Army Staff. (a) The terms "Army of the United States", "United States Army", and "Army" are synonymous and mean the Army or Armies referred to in the Con- stitution of the United States, less that part established by law as the Air Force. The United States Army includes the components and persons prescribed in (b) The term "members of the Army" means all persons appointed, enlisted, or inducted in any of the components of the Army; all persons appointed, enlisted, or inducted in the Army without specification of component; and all` persons serving as members of the Army under call or conscription under any provision of law. The term "officers of the Army" means all members of the Army appointed to and holding a commissioned or warrant officer grade. The term "enlisted members of the Army" means all members of the Army in any (c) The term "Army Establishment" means all organizations, forces, agencies, installations, and activities, including all members of the Army, all civilian officers and employees, and all property of every kind and character-real, personal, and mixed-under the control or supervision of the Secretary of the Army. TITLE I-SECRETARY OF THE ARMY SEC. 101. (a) Except as otherwise prescribed by law, by the President, or by the Secretary of Defense, the Secretary of the Army shall be responsible for and shall have the authority necessary to conduct all affairs of the Army Establishment, including but not limited to those necessary or appropriate for the training, operations, administration, logistical support and maintenance, welfare, preparedness, and effectiveness of the Army, including research and development, and such other activities as may be prescribed by the President or the Secretary of Defense, or authorized by law. There are authorized to be appropriated such sums as may be necessary to conduct the affairs of the Army Establishment. (b) The Secretary of the Army may assign to the Under Secretary of the Army and to the Assistant Secretaries of theArmy such of his duties under this Act as he may consider proper. Officers of the Army shall report regarding any matters to the Secretary, Under Secretary, or either Assistant Secretary of the Army, as the Secretary of the Army may prescribe. (c) Except as otherwise prescribed by law, by the President, or by the Secretary of Defense, the Secretary of the Army or, as he may prescribe, the Under Secretary of the Army or either Assistant Secretary of the Army, shall, in addition to other duties, be charged with supervision of the procurement activities of the Army Establishment, of plans for the mobilization of materials and industrial organizations essential to wartime needs of the Army, and of other business pertaining thereto. (d) Except as otherwise prescribed by law, by the President, or by the Secretary of Defense, the Secretary of the Army may make such assignments and details of members of the Army as he thinks proper, and may prescribe the duties of the members so assigned; and such members shall be responsible for, and shall have the authority necessary to perform, such duties as may be so prescribed for them. (e) Except as otherwise prescribed by law, by the President, or by the Secretary of Defense, the Secretary of the Army shall cause to be manufactured or produced at the Government arsenals or Government-owned factories of the United States all those supplies needed by the Army which can be manufactured or produced upon an economical basis at such arsenals or factories. SEC. 102. (a) There shall be in the Department of the Army an Under Secretary of the Army and two Assistant Secretaries of the Army, who shall be appointed by the President, by and with the advice and consent of the Senate, and who shall receive the compensation prescribed by law. (b) In case of the death, resignation, removal from office, absence, disability, or sickness of the Secretary of the Army; the officer of the United States who is highest on the following list, and who is not absent, disabled, or sick, shall, until the President directs, some other person to perform such duties in accordance with section 179, Revised Statutes (5 U. S. C. 6), perform his duties until a successor is appointed, or until such absence, disability, or sickness shall cease(1) the Under Secretary of the Army; (2) the Assistant Secretaries of the Army in the order fixed by their length of service as such; (3) the Chief of Staff. (c) If the Chief of Staff by reason of succession assumes, or if he or any other officer of the Army is designated in accordance with section 179, Revised Statutes (5 U. S. C. 6), to perform the duties of the Secretary of the Army, section 1222, Revised Statutes (10 U. S. C. 576), shall not apply to him by reason of his temporarily performing such duties. SEC. 103. Members of the Army and civilian officers and employees in or under the jurisdiction of the Department of the Army may be assigned to, or detailed in, the offices of the Secretary, the Under Secretary, and the Assistant Secretaries of the Army, under such regulations, and in such numbers, grades, and ratings, as the Secretary of the Army may prescribe. TITLE II-CHIEF OF STAFF AND THE ARMY STAFF SEC. 201. (a) There shall be in the Department of the Army a staff, which shall be known as the Army Staff, and which shall consist of (1) the Chief of Staff; (2) a Vice Chief of Staff; (3) such Deputy Chiefs of Staff and Assistant Chiefs of Staff as the Secretary of the Army may prescribe; (4) the officers prescribed in sections 206, 207, and 208 of this Act; and (5) such other members of the Army and such civilian officers and employees in or under the jurisdiction of the Department of the Army as may be assigned or detailed under regulations prescribed by the Secretary of the Army. (b) Except as otherwise specifically provided by law, the Army Staff shall be organized in such manner, and its members shall perform such duties and bear such titles, as the Secretary of the Army may prescribe. Part of the Army Staff may be designated the Army General Staff. SEC. 202. The Chief of Staff shall be appointed by the President, by and with the advice and consent of the Senate, from the general officers of the Army, to serve during the pleasure of the President, but no person shall serve as Chief of Staff for a term of more than four years unless reappointed by the President by and with the advice and consent of the Senate. The Chief of Staff, while holding office as such, shall have the title of general, without vacation of his permanent grade in the Army, and shall take rank as prescribed by law. He shall receive the compensation prescribed by law and shall be counted as one of the officers authorized to be serving in grade above lieutenant general under the provisions of the Officer Personnel Act of 1947 (61 Stat. 886), as amended. SEC. 203. The Vice Chief of Staff, the Deputy Chiefs of Staff, and the Assistant Chiefs of Staff shall be general officers of the Army detailed to those positions. In case of the death, resignation, absence, or sickness of the Chief of Staff, the Vice Chief of Staff, or the senior Deputy Chief of Staff if there be no Vice Chief of Staff, shall, unless otherwise directed by the President, perform the duties of Chief of Staff until his successor is appointed or such absence or sickness shall cease. SEC. 204. (a) The Chief of Staff shall have supervision of all members and organizations of the Army, shall perform the duties prescribed for him by the National Security Act of 1947, by this Act, and by other laws, and shall perform such other military duties not otherwise assigned by law as may be assigned to him by the President. Except as otherwise prescribed by law, by the President, or by the Secretary of Defense, the Chief of Staff shall perform his duties under the direction of the Secretary of the Army. (b) The Chief of Staff shall preside over the Army Staff, shall transmit to the Secretary of the Army the plans and recommendations prepared by the Army Staff, shall advise him in regard thereto, and, upon the approval of such plans or recommendations by the Secretary of the Army, he shall act as the agent of the Secretary of the Army in carrying the same into effect. SEC. 205. (a) The Army Staff shall render professional aid and assistance to the Secretary of the Army, the Under Secretary of the Army, and the Assistant Secretaries of the Army. (b) Under the direction and control of the Secretary of the Army, it shall be the duty of the Army Staff (1) to prepare such plans for the national security, and the use of the Army for that purpose, both separately and in conjunction with the naval and air forces, and for recruiting, organizing, supplying, equipping, training, serving, mobilizing, and demobilizing the United States Army, as will assist the execution of any power vested in, duty imposed upon, or function assigned to the Secretary of the Army or the Chief of Staff by law, by the President, or by the Secretary of Defense; (2) to investigate and report upon all questions affecting the efficiency of the Army and its state of preparation for military operations; (3) to prepare detailed instructions for the execution of approved plans and to supervise the execution of such plans and instructions; (4) to act as the agents of the Secretary of the Army and the Chief of Staff in informing and coordinating the action of all organizations of the Army Establishment; and (5) to perform such other duties not otherwise assigned by law as may be prescribed by the President, the Secretary of Defense, or the Secretary of the Army. SEC. 206. (a) There shall be in the Army the following officers: Chief of Engineers, Chief Signal Officer, Adjutant General, Quartermaster General, Chief of Finance, Chief of Ordnance, Chief Chemical Officer, Chief of Transportation, Surgeon General, Judge Advocate General, and Chief of Chaplains. (b) Each of the officers named in this section shall have the grade of major general, and shall be selected and appointed by the President, by and with the advice and consent of the Senate, as prescribed in section 513 of the Officer Personnel Act of 1947 (61 Stat. 901; 10 U. S. C. 559g); except that the Judge Advocate General shall be selected and appointed as prescribed in section 249, Public Law 759, Eightieth Congress (62 Stat. 643). (c) Each of the officers named in this section shall perform such duties as may be prescribed by the Secretary of the Army or required by law. SEC. 207. There shall be in the Army an Inspector General and a Provost Marshal General, who shall be general officers of the Army detailed to those positions, and who shall perform such duties as may be prescribed by the Secretary of the Army or required by law. SEC. 208. (a) Each of the officers named in sections 206 and 207 of this Act shall have such deputies and assistants as may be prescribed by the Secretary of the Army. Except as prescribed in subsections (b) and (c) of this section, and notwithstanding the provisions of section 513 of the Officer Personnel Act of 1947 (61 Stat. 901; 10 U. S. C. 559g), such deputies and assistants shall be officers of the Army detailed to those positions by the Secretary of the Army, and no officer shall be entitled to any increase in rank, pay, or allowances solely by virtue of such detail. (b) There shall be an Assistant Surgeon General with the rank of major general, who shall be an officer in the Dental Corps, and who shall be selected and appointed as prescribed in section 513 of the Officer Personnel Act of 1947. (c) There shall be an Assistant Judge Advocate General with the rank of major general, who shall be selected and appointed as prescribed in section 249 of Public Law 759, Eightieth Congress. TITLE III-ORGANIZATION OF THE ARMY SEC. 301. The United States Army includes the Regular Army, the National Guard of the United States, and the Organized Reserve Corps; all persons appointed, enlisted, or inducted in the above-named components; all persons appointed, enlisted, or inducted in the Army wthout specification of component; and all persons serving in the Army under call or conscription under any provision of law, including members of the National Guard of the several States, Territories, and the District of Columbia when in the service of the United States pursuant to call as provided by law. SEC. 302. (a) The Regular Army is that component of the United States Army which consists of persons whose continuous service on active duty in both peace and war is contemplated by law, and of persons who are retired members of the Regular Army. (b) The Regular Army shall include the commissioned officers, warrant officers, and enlisted members, holding appointments or enlisted in the Regular Army as now or hereafter provided by law; the professors and cadets of the United States Military Academy; the retired commissioned officers, warrant officers, and enlisted members of the Regular Army; and such other persons as are now or may hereafter be specified by law. No person who is now a member of the Regular Army, active or retired, shall, by reason of the enactment of this Act, be deprived of his or her membership in the Regular Army. SEC. 303. The Army shall be divided into such commands, forces, and organizations as may be directed by the President, by the Secretary of Defense, or by the Secretary of the Army. SEC. 304. For military purposes, the United States of America, its Territories and possessions, and other territory in which the Army may be stationed or operate, may be divided into such areas as may be directed by the President, by the Secretary of Defense, or by the Secretary of the Army; and officers of the Army may be assigned to command of Army activities, installations, and personnel in such areas. Officers of the Army so assigned shall perform such duties and exercise such powers as the President, the Secretary of Defense, or the Secretary of the Army may prescribe. SEC. 305. The organized peace establishment of the United States Army, including the Regular Army, the National Guard of the United States, and the Organized Reserve Corps, shall include all of those military organizations, with their supporting and auxiliary elements, including combat, training, administrative, and logistic organizations and elements; and all personnel, including those not assigned to units; necessary to form the basis for a complete and |