The CHAIRMAN. We will pass that bill over for some more information.

The next bill is S. 1214, to provide for the training of officers for the naval service.

(S. 1214 and the brief are as follows:)

[S. 1214, 80th Cong., 1st sess.]

A BILL To amend the Act entitled "An Act to provide for the training of officers for the naval service, and for other purposes," approved August 13, 1946

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act entitled "An Act to provide for the training of officers for the naval service, and for other purposes," approved August 13, 1946 (60 Stat. 1057), is hereby amended as follows:

(a) In clause (b) of section 2 after the word "Navy" insert the following: ", or his designated representative".

(b) Amend the first sentence of the first proviso of section 4 to read as follows: "Provided, That such benefits and retainer pay shall commence to accrue on the day each midshipman or apprentice seaman commences his first term of college work under the provisions of this Act and that such benefits and retainer pay may be received by midshipmen appointed pursuant to part (a) of section 3 for a period not exceeding four academic years.”

(c) Amend section 8 to read as follows:

"SEC. 8. The Secretary of the Navy shall during the second quarter of each calendar year cause to be examined (a) the records of all ensigns of the line of the Navy and second lieutenants of the Marine Corps commissioned pursuant to subsection 2 of section 6 (a) who apply prior to April 1 of that calendar year or prior to the first anniversary of the acceptance of their commissions, whichever is earlier, for retention in the Regular service as permanent officers and who in the then current calendar year will reach the first anniversary of the date of acceptance of their appointment as ensigns in the Navy or second lieutenants in the Marine Corps, selecting from among such officers the number he may determine necessary for retention, and (b) the records of all other officers appointed pursuant to this Act who apply prior to April 1 of the third calendar year following that in which they accepted their commissions or prior to the third anniversary of the acceptance of their commissions, whichever is earlier, for retention in the Regular service as permanent officers and who in the then current calendar year will reach the third anniversary of the date of acceptance of their appointment as ensigns in the Navy or second lieutenants in the Marine Corps, selecting from among such officers the number that he may determine necessary for retention." (d) Amend section 9 to read as follows:

"SEC. 9. (a) The commission of each officer commissioned pursuant to subsection 2 of section 6 (a) who, prior to April 1 of the calendar year following that in which he accepted his commission or prior to the first anniversary of the acceptance of his commission, whichever is earlier, shall not have applied for retention in the Regular service, shall be terminated at the end of his period of accrued leave which shall commence not later than the first anniversary of his acceptance of his commission, and the commission of each such officer who applies for retention as a permanent officer within the, time limits prescribed by this subsection, but who is not selected for retention under clause (a) of section 8 shall be terminated at the end of his period of accrued leave which shall commence not later than June 30 of the appropriate calendar year or the first anniversary of his acceptance of his commission, whichever is the later date. Upon termination of commission, each such officer who thereupon accepts appointment to commissioned rank in the Naval or Marine Corps Reserve may apply for and receive retainer pay at the rate of $100 for each calendar month or part thereof during which, while an officer of the Naval or Marine Corps Reserve, he pursues full-time instruction in an accredited college or university but not to exceed a total of $2,000, such instruction to commence not later than a date to be determined by the Secretary of the Navy; in addition, each such officer shall be entitled to the benefits provided for him by section 10 of this Act.

"(b) The commission of each officer commissioned pursuant to subsection 1 of section 6 (a) and pursuant to section 6 (b) who, prior to April 1 of the third calendar year following that in which he accepted his commission or prior to the third anniversary of the acceptance of his commission, whichever is earlier, shall not have applied for retention in the Regular service, shall be terminated at the end of his period of accrued leave which shall commence not later than the third anniversary of his acceptance of his commission, and the commission of each such officer who applies for retention as a permanent officer within the time limits prescribed by this subsection, but who is not selected for retention under clause (b) of section 8 shall be terminated at the end of his period of accrued leave which shall commence not later than June 30 of the appropriate calendar year or the third anniversary of his acceptance of his commission, whichever is the later date. Upon termination of commission, each such officer may be commissioned in the Naval or Marine Corps Reserve in the grade of lieutenant (junior grade) or first lieutenant, as the case may be (if in a staff corps, with the rank of lieutenant (junior grade) in the grade appropriate to that rank), and to rank from a date three years after the date of rank stated in his original commission in the Regular Navy or Regular Marine Corps."

PRELIMINARY STUDY WITH REFERENCE TO S. 1214, TO AMEND THE ACT ENTITLED "AN ACT TO PROVIDE FOR THE TRAINING OF OFFICERS FOR THE NAVAL SERVICE, AND FOR OTHER PURPOSES," APPROVED AUGUST 13, 1946

AMENDMENTS TO THE BILL

Page 1, line 5, insert between the comma and the word "is", the following: "as amended,"; and in said line 5 insert after the word "hereby" the word "further".

Page 2, line 5, delete the word "part" and substitute the word "paragraph". Page 2, line 12, delete "subsection 2 of section 6 (a)" and substitute in lieu thereof the following: "paragraph 2 of subsection (a) of section 6".

Page 3, line 9, delete "subsection 2 of section 6 (a)" and substitute in lieu thereof the following: "paragraph 2 of subsection (a) of section 6".

Page 4, line 11, delete "subsection 1 of section 6 (a)" and substitute in lieu thereof the following: "paragraph 1 of subsection (a) of section 6".

Page 4, line 12, delete "section 6 (b)" and substitute in lieu thereof the following: "subsection (b) of section 6". Amend the title by inserting after "1946" the following: ", as amended".

PURPOSE OF THE BILL

The so-called Holloway plan for a naval and Marine Corps officer candidate training program was embodied in Public Law 729, Seventy-ninth Congress, second session. A number of technical errors in the act were later corrected by a series of amendments contained in Public Law 71, Eightieth Congress, first

session.

It is the purpose of the legislation proposed in S. 1214 to further amend Public Law 729 so as to facilitate some of the administrative procedures and to clarify the status of certain of the officers commissioned pursuant to the original act.

EXPLANATION OF THE BILL

The bill consists of four subsections, which are explained in the following paragraphs.

Subsection (a): The original act provides in clause (b) of section 2 that enrollees shall enter into a contractual agreement "with the Secretary of the Navy" obligating themselves to certain periods of service; the proposed amendment provides that the agreement shall be made either with the Secretary "or his designated representative." It is anticipated by the Navy Department that the decentralization thus made possible will simplify administrative procedures incident to making enrollments. It should be noted that the authority to release an individual from his contract and separate him from the program remains exclusively in the hands of the Secretary, and is not to be decentralized as is proposed for enrollments.

Subsection (b): The original act provides that members of the Naval Reserve Officers' Training Corps and members of the naval aviation officers' candidate program shall, except while on active duty, receive "retainer pay at the rate of $600 per year" until the completion of the prescribed period of scholastic instruction. Although there is a proviso which limits this retainer pay and other benefits to a period not exceeding 4 years, the date on which an enrollee becomes eligible for his first payments is not clearly defined. The proposed amendment would clarify this point by prescribing that these emoluments commence to accrue on the day the enrollee actually begins his first term of college work. Under this provision it would be possible for the Navy Department to effect appointments and enlistments and to complete all other details of enrollment before the opening date of college.

Subsection (c): Under the existing law an individual who has completed the prescribed courses is given a commission and is required to remain on active duty for a specified period of time. He is also given a definite period of time in which to express whether he desires to be retained in the Regular service. As prescribed in section 8 of the act, the Secretary of the Navy selects the number to be retained, based upon an examination of each individual's record. The proposed amendment would amend section 8 as so to specify that the examination of the records of those officers who apply for retention in the Regular service shall be made "during the second quarter" of the year. This amendment would greatly facilitate the administrative task in that it would allow 3 months in which to examine the records of applicants for retention and to complete all appointment procedures as compared to the period of 1 month which is the time allowed at present.

Subsection (d): Subsection (a) of section 9 of the existing law, relating to officers commissioned through the aviation-candidate program, prescribes that the commissions of such officers must be terminated by June 30 of the appropriate year if they failed to apply for retention in the Regular service prior to June 1, or if they applied for retention but failed of selection. The proposed revision requires the individual to express his intent by April 1 instead of June 1 of the calendar year following that in which commissioned, and adds "or prior to the first anniversary of the acceptance of his commission, whichever is earlier." In the case of officers who failed to apply for retention, the commission would be terminated at the end of the period of accrued leave, which would commence no later than the first anniversary of the date of commission. The commissions of those who applied for retention but were not selected would terminate at the end of the period of accrued leave, commencing not later than June 30, or the first anniversary of the acceptance of the commission, whichever is later. The disadvantages of the existing provisions of this section are that personnel are frequently deprived of their accrued leave, and all personnel do not serve the same length of time on active duty. At present an officer commissioned in January serves 18 months on active duty, whereas one commissioned in December serves only 6 months. The proposed revision would overcome these disadvantages. No change is made in the $2,000 maximum provided in additional benefits, as authorized in the original act.

The existing provisions of subsection (b) of section 9 pertain to all officers enrolled under the act, other than naval aviators. The provisions of this subsection are essentially the same as those of subsection (a), discussed in the preceding paragraph, with the exception of the time limitation, which is 3 years. Without this amendment, the same disadvantages set forth in the preceding paragraph would result for personnel under this subsection. The revision proposed for subsection (b) is therefore identical with that proposed for subsection (a) of section 9.

RECOMMENDATIONS OF THE DEPARTMENTS

The Navy Department recommends passage of this bill, as is indicated by the following letter from the Acting Secretary of the Navy to the chairman of the Senate Armed Services Committee on April 30, 1947. The Bureau of the Budget interposes no objection to the bill.

NAVY DEPARTMENT, Washington, April 30, 1947.

United States Senate.

MY DEAR MR. CHAIRMAN: There is transmitted herewith a draft of a proposed bill to amend the act entitled "An act to provide for the training of officers for the naval service, and for other purposes," approved August 13, 1946.

The purpose of the proposed legislation is to amend various provisions of the act approved August 13, 1946, in order to facilitate the execution of certain of the required administrative procedures and to clarify the status of officers commissioned pursuant to said act. The proposed amendments would authorize the designated representative of the Secretary of the Navy to enroll students; prevent students from obtaining benefits and retainer pay until the commencement of the first term of college work; require that the records of officers applying for retention in the Regular service be reviewed during the second quarter of each calendar year; change the time limitation within which officers must apply for retention; and change the effective termination date of commissions of officers who fail to apply for retention in the Regular service within a specified time, and of those who apply within the prescribed time but fail of selection.

At the present time only the Secretary of the Navy is authorized to enroll students. The proposed amendment would also authorize the designated representative of the Secretary to effect enrollments. This would simplify and decrease the administrative work now required. Disenrollments, however, will still require the approval of the Secretary of the Navy.

The proposed amendment to the first proviso of section 4 is designed to prevent students from receiving benefits and retainer pay provided under the act until the actual commencement of the first term of college work. This, too, would facilitate the administrative procedure and would make it possible for the Navy Department to effect appointments and enlistments and to complete all the details of enrollment prior to the opening date of college.

Under section 8 as it now stands the records of officers commissioned through the aviation training program, who apply for retention as permanent officers, must be examined in the calendar year in which they reach the first anniversary of the date of rank stated in their commissions, and the records of all other officers must be examined in the calendar year in which they reach the third anniversary of the date of rank stated in their commissions. The proposed amendment would require this examination to be made during the second quarter of each calendar year, and would require officers, designated as aviators, to apply for retention in the Regular service prior to April 1 of that calendar year or prior to the first anniversary of the acceptance of their commissions, whichever is earlier. All other officers would be required to apply for retention prior to April 1 of the third calendar year following that in which they accepted their commissions or prior to the third anniversary of the acceptance of their commissions, whichever is earlier. This amendment would result in allowing the Navy Department 3 months in which to examine the records of applicants for retention and to complete the reviewal and appointment procedures as compared to the period of 1 month, which is the time allowed at present.

Subsection (a) of section 9 relates to the officers commissioned through the aviation-candidate program and provides, in part, that the commissions of officers in the following groups shall be terminated on June 30 of the appropriate calendar year: (1) officers who fail to apply for retention in the regular service prior to June 1 of the calendar year following that in which commissioned, and (2) officers who, pursuant to clause (a) of section 8, apply for retention but fail of selection. Under the proposed amendment, the commission of an officer in the first group would be terminated at the end of the period of accrued leave which would commence not later than the first anniversary of the acceptance of the commission in the event such officer fails to apply for retention prior to April 1 of the calendar year following that in which the commission was accepted or prior to the first anniversary of the acceptance of such commission, whichever is earlier. The commission of an officer in the second group, who applies for retention within the prescribed limits of this subsection and fails of selection, would be terminated at the end of the period in his accrued leave which would commence not later than June 30 of the appropriate calendar year or the first anniversary of the acceptance of such commission, whichever is later. The amendments to this subsection would result in clarifying the status of these two groups of officers. The officers who failed to apply for retention would serve on active duty approximately 1 year; those who applied for retention but failed of selection would serve on active duty for 1 year, and in some cases, a few months longer, during which time their applications would be processed. Under the present law, officers, designated as aviators, commissioned in January would serve 18 months on active duty, while those commissioned in December would serve only 6 months.

The present subsection (b) of section 9 relates to officers, other than aviators, and the language contained therein pertaining to the termination of commissions is substantially the same as that contained in subsection (a), with the exception of the time limitation, which is 3 years. The changes proposed in this subsection are also substantially the same as those set forth in the preceding paragraph. Without the proposed changes, officers commissioned in January would serve on active duty for 3 years and 6 months, while officers commissioned in December would serve only 2 years and 6 months.

For the foregoing reasons, the Navy Department recommends enactment of the proposed legislation.

The proposed bill is designed to facilitate the execution of the required administrative procedure, and its enactment would, therefore, result in no additional cost to the Government.

An identical report has been transmitted to the Speaker of the House of Representatives this date.

The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this report to the Congress.

Sincerely yours,

JOHN L. SULLIVAN, Acting Secretary of the Navy.

Mr. MUDGE. This is a bill to amend the so-called Holloway Act, to permit some administrative changes in its application. It does not change the scope of the Holloway plan in any manner.

It is recommended by the Navy Department, and the Bureau of the Budget interposes no objection. It involves the expenditure of no additional funds.

There are several amendments in the study which apply to the bill. They are purely technical changes of wording, changing "paragraph" to "part" and so on.

The bill proposes to do four things. At the present time the law states that the Secretary of the Navy is authorized to enter into enrollment contracts. This bill proposes to decentralize that so that the Secretary of the Navy or his representative may actually authenticate these enrollments, which will decentralize some of the work and make it simpler from an administrative point of view.

The CHAIRMAN. Does it change the amount of service that the graduates will have to give to the Navy after they have been receiving their education under the Holloway plan?

Mr. MUDGE. In one particular, the last part of the bill, it does for this reason: As it is written now, an individual, because of the wording of the bill, who graduates in December, let us say, serves less time by 6 months than an individual who graduates in January. This bill changes it so that instead of that disparity of 6 months service on the part of one man and 18 months service on the part of another, it levels them off at 1 year. In the case of the Naval ROTC it levels it off at 3 years. Heretofore it has been three years and a half in one case and two years and a half in others, because of the wording of the law.

The CHAIRMAN. It levels it off at 3 years. I see this recommendation for change in the Holloway authorization was dated in April of last year, April 30. Are there any other changes that the Navy now wants, and will come up with another bill now after we pass this one? Captain NUNN. No, Mr. Chairman, except that since this letter of the Navy Department on April 30, there have been changes made in the terminal leave act which make necessary further changes in this bill, and they are incorporated in the amendments which we have. You passed a law on terminal leave last year, you know. Other than that, there are none.

The CHAIRMAN. You feel that this will bring that up to date with the Navy's intentions and desires at the present?

Captain NUNN. Yes.

Senator BYRD. I move it be reported.

Senator BALDWIN. May I ask a question of information? Are these boys that go into this Navy ROTC receiving any training in the care of their clothing and that sort of thing?