ARMY ORGANIZATION BILL WEDNESDAY, MARCH 8, 1950 HOUSE OF REPRESENTATIVES, Washington, D. C. The subcommittee met at 10 a. m., the Honorable Paul J. Kilday (chairman of the subcommittee) presiding. Present, representing the Department of the Army: Gen. J. Lawton Collins, Chief of Staff, accompanied by Maj. Gen. Clark L. Ruffner; Col. Kilbourne Johnston; Col. Archibald King; and Lt. Col. G. Emery Baya. ADDITIONAL DISCUSSION OF SECTION 208, "DEPUTY AND ASSISTANT CHIEFS OF SERVICES" Mr. KILDAY. The committee will be in order. When we adjourned yesterday we were considering section 208. We had reached the point where the staffs were to confer, to analyze section 513 of the Officer Personnel Act. Is there anything further on that this morning? Mr. ČOLE. May I inquire what was the result of the analysis? Mr. BLANDFORD. Mr. Chairman, we have not completed a proposed amendment. However, it appears now that the best procedure would be to incorporate in section 208 a form of selection for the jobs of deputy and assistant chiefs of services, which would not carry with it selection to an office or to any rank in connection with that office. It would merely be selection as deputy or as assistant. The deputies and assistants would be detailed by the Secretary from the names submitted as a result of that selection-board process. If you wanted to go further, we could require that they be appointed by the President, with confirmation by the Senate. The difficulty is that under section 513 you select a person for an office and also select him for a rank to go with that office. That is not the case in this section. These people do not necessarily have to be general officers. The Secretary could detail a major or a lieutenant colonel as deputy or assistant chief of a service. And if selected as an assistant chief or deputy chief he will receive no increase in rank as a result of the operation of this section. Isn't that correct, Colonel? Colonel BAYA. Yes. Mr. VINSON. Why shouldn't he have a rank commensurate with his position as deputy or assistant? And why shouldn't he be selected by a system? I don't know whether or not it would be wise to have him confirmed by the Senate, but I do think we would be on sound grounds to have a selection system for these positions. That would bring about a limitation at the same time. General COLLINS. I do not see how it would bring about a limitation, Mr. Vinson. Mr. VINSON. Well, for the simple reason that you probably would not select as many if you had to go through a selection system. Mr. KILDAY. You would not select anybody who did not already have the rank commensurate with the position. General COLLINS. That is actually the way it would work. Now, depending upon the job that has to be done, the Quartermaster General organizes his office to accomplish his task. He may have one or two or three major divisions that he would want to have his very top people in charge of. But, actually, as I have indicated, while we are now authorized so many of these general officers as assistant chiefs in certain places, right now we do not have them all filled, because, for example, the Quartermaster General may feel that it is more important to have one of his general officers out in the field than it is to have him right here in Washington. Mr. VINSON. Mr. Chairman, I suggest that the staff, for the consideration of the committee, prepare an amendment along the line that has been intimated by the staff, to be commented on by the general. Mr. KILDAY. I think we understand everything that is involved in the section. We will move on to section 301. Mr. COLE. Before you leave that section, Mr. Chairman, let me inquire as to the method of identifying the people who are to serve as top people of these branches. General COLLINS. Yes, sir. Mr. COLE. What is the law with respect to them? Does section 513 apply to the method of selecting the heads of the branches? General COLLINS. Yes, sir; and would still apply under this bill. Mr. VINSON. That is right. General COLLINS. In other words, you are referring to the Quartermaster General, the Chief of Ordnance and those people. This bill makes no change with respect to them whatever. They would be selected and appointed in the same way that they are now selected and appointed. And, actually, all the assistants are general officers, and when a colonel is promoted to brigadier general he has to be selected for promotion. Mr. COLE. I am not talking about selection for promotion. I am talking General COLLINS. Selection for the office. Mr. COLE. Yes, sir. General COLLINS. I realize that, Mr. Cole. That finally percolated to me yesterday in our discussion. It was suggested that an assistant would be in a preferred position for selection as chief. But actually sometimes these positions are specialties, rather than being broad positions that would necessarily lead to the promotion of the man to be Quartermaster General, for example. He might be a specialist in subsistence; don't you see? Mr. VINSON. You can bring about a limitation of the number by just writing the word "general" before the word "officer." Then, of course, that puts the brakes on because there are only 350 general officers in the service. General COLLINS. Yes, sir; but if the proper way to organize the Quartermaster General's Office is in three divisions, it ought to be organized in three divisions. Whether one of those divisions is headed by a brigadier general or a colonel really doesn't make any difference so far as I can see. Mr. BLANDFORD. Except they just wouldn't be assistants or deputies. General COLLINS. It does not affect their pay, their promotion, or anything else. All we are asking for is a little flexibility, so that the man who is going to be held responsible for running one of the services of the Army can organize his office internally in the way that he thinks best to get the job done. Mr. VINSON. I would suggest, Mr. Chairman, again, that the Staff fix up an amendment for consideration along the line we were discussing. Mr. KILDAY. I think we should proceed to section 301. Mr. VINSON. All right. 301? Mr. KILDAY. Yes, sir, on page 61 of the blue book. TEXT OF SECTION 301, "COMPOSITION OF THE ARMY" Mr. BLANDFORD (reading): 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 without 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. EXPLANATION AND DISCUSSION OF SECTION 301, "COMPOSITION OF THE ARMY" Colonel BAYA (reading): Explanation of section 301. This section will in general be a reenactment of section 1 of the National Defense Act, quoted in paragraph 3 of this comment, which will be repealed by this bill. It will make no change in the substance of the existing law, but will make the changes in phraseology explained below. The statute quoted in paragraph 3 begins with the words "The Army of the United States", while section 301 of the bill begins with the words "The United States Army". The terms "Army of the United States" and "United States Army" mean the same body (see the definition contained in subsection 2a of this bill), and the Department prefers the expression "United States Army". The statute quoted in paragraph 3 contains the words: “and shall include persons inducted into the land forces of the United States under Public, No. 783, seventy-sixth Congress (the Selective Training and Service Act of 1940, as amended)." In lieu of the words just quoted, section 301 of the bill contains the following: "all persons appointed, enlisted, or inducted in the above-named components; all persons appointed, enlisted, or inducted in the Army without specification of component;" It is obviously now inappropriate to refer to the Selective Training and Service Act of 1940. Section 4 (a) of the Selective Service Act of 1948 (Public Law 759, 80th Cong.) provides that persons inducted pursuant thereto into the land forces "shall be deemed to be members of the Army of the United States". Other laws now in force provide that in time of war or national emergency ap pointments of officers and enlistments shall be made without specification of component (Off. Pers. Act, sec. 515 (10 U. S. C. 506d); National Defense Act, sec. 127a, par. 15 (10 U. S. C. 634)). Section 301 of the bill will make it clear that the Army shall include persons appointed, enlisted, or inducted in any component of the Army, or in the Army without specification of a component, pursuant to the laws cited or others like them which may hereafter be enacted. The statute quoted in paragraph 3 contains the words: "the National Guard while in the service of the United States." In lieu of the words just quoted, section 301 of the bill contains the following: "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." While the two passages just quoted have the same meaning, that meaning is more clearly expressed by the language of the bill. The National Guard of the several States and Territories is the organized milita referred to in the Constitution (Nat. Def. Act, sec. 71, as amended; 32 U. S. C. 4b). It becomes subject to the orders of the President and is a Federal force only when called into the actual service of the United States in accordance with the Constitution and the statutes enacted pursuant thereto (art. I, sec. 8; art. II, sec. 2; sec. 4, act of Jan. 21, 1903, 32 Stat. 776, as amended (32 U. S. C. 81a); Nat. Def. Act, sec. 101 (32 U. S. C. 82)). The phraseology of the bill accords with that of the cited sections of the Constitution and statutes. This bill does not deal with the reserve components of the Army or with the National Guard, and it makes no change in the laws now applicable to them. Mr. KILDAY. Actually this just changes it from Army of the United States to United States Army; doesn't it? Colonel BAYA. Right. Mr. BLANDFORD. One question, Mr. Chairman. Has the National Guard approved this section? Have they been consulted? General COLLINS. Do you mean the National Guard Section 5 Committee? Mr. KILDAY. They are not the only ones we hear from. General COLLINS. Copies of a preliminary draft and the final draft of this bill were furnished to both the National Guard Bureau and the Committee on National Guard and Reserve policy established under section 5 of the National Defense Act. The National Guard Bureau specifically concurred in both the preliminary and the final draft. The policy committee made no objection to either draft. Mr. VINSON. Has it been-well, as a matter of fact, as suggested by Mr. Kilday, that is not the only group we hear from. That is the proper way for you to have handled it. General COLLINS. Right, sir. Mr. VINSON. What is the reaction of General Reckord? General COLLINS. It is my understanding that they have no objection whatever to this bill. But, if you want to insure that, I would suggest you consult with them. Mr. VINSON. Of course, you do not have to consult with them, but they will consult with us. General COLLINS. Yes, sir. Actually, we do consult with these gentlemen frequently, Mr. Vinson. But, just for the record, our policy is that we deal the way Congress tells us to do it. And it is set up by law that anything that affects the National Guard or the Reserve components be handled through the Section Five Committee. Mr. VINSON. And from now on it will be known as the United States Army? General COLLINS. That is right, sir. Mr. VINSON. And there won't be four or five different names applied to it, in view of different situations? General COLLINS. Yes, sir. Mr. VINSON. In Congress a man can refer to it and the man on the street can refer to it as the United States Army and that composes all the elements? General COLLINS. That is right, sir. Mr. VINSON. All right. Mr. KILDAY. Section 302. TEXT OF SECTION 302, "COMPOSITION OF THE REGULAR ARMY' Mr. BLANDFORD (reading): 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. EXPLANATION AND DISCUSSION OF SECTION 302, "COMPOSITION OF THE REGULAR ARMY" Colonel BAYA (reading): Explanation of Section 302. Subsection 302 (a) of the bill defines the Regular Army. It will replace the statute quoted in paragraph 3a, which statute was enacted on April 22, 1898, and is not now entirely accurate. By the enactment on June 3, 1916, of section 1 of the National Defense Act, discussed in the comment on section 301 of this bill, the Regular Army became a component of the Army of our Nation. It consists of the men who have chosen the Army as their lifetime work or profession. Subsection 302 (a) accords with law and good English usage, and adds clarity and exactness to the bill. Subsection 302 (b) of the bill states the composition of the Regular Army. Together with section 306 of the bill, it will replace the statute quoted in paragraph 3b of this comment. That statute enumerates the branches of the Army, and in that respect it will be replaced by section 306 of this bill, which is the section of the bill that deals with the branches of the Army. It is undesirable to state the composition of the Regular Army by listing the branches of the Army, as is done in the statute which will be repealed. To do so excludes from those branches all members of the Army except Regular Army personnel. For example, a colonel in the infantry section of the Organized Reserve Corps does not today belong to the infantry; because, according to the statute quoted in paragraph 3b, "the Infantry" exists only as a part of the Regular Army. The Reserve colonel must be ordered to duty "with the Infantry"; he is not a part of it. This bill will eliminate such absurdities. Subsection 302 (b) of the bill will preserve the necessary distinction between those persons who will remain on active duty permanently (career or regular personnel) and those who, except for brief periods of training, will be required to serve on active duty only during war or emergency (Reserve, National Guard, and other non-Regular personnel). The composition of the Regular Army stated in subsection 302 (b) of the bill is accurate and is consistent with the many existing laws applicable to Regular Army personnel. The last sentence of subsection 302 (b) of the bill is a saving provision designed to prevent the unintended deprivation by this bill of any person of his present membership in the Regular Army. Mr. KILDAY. Any questions on this section? Mr. VINSON. Now, you have covered everybody in the Regular Army, that is the professional soldiers, by classifying them as the Regular Army? |