12 1 removed from an active status on the date he completes five 2 years of service in the permanent grade of rear admiral.” 3 SEC. 2. (a) Reserve officers in each grade who have 4 been recommended as qualified for promotion under laws and 5 regulations in effect the day before the effective date of this 6 Act but not promoted to the grade for which they were rec7 ommended shall be placed on a list in the order of their prec8 edence, and they shall be promoted as if they had been 9 selected for promotion in the approved report of a selection 10 board convened under the provisions of title 14, United 11 States Code, as amended by this Act. 12 (b) Reserve officers who have failed of selection for 13 promotion to the next higher grade under laws and regula14 tions in effect the day before the effective date of this Act 15 shall be deemed to have failed of selection for promotion to 16 the next higher grade under the provisions of title 14, United 17 States Code, as amended by this Act. 18 (c) The enactment of this Act does not terminate the 19 appointment of any officer. Hon. WARREN G. MAGNUSON, Washington, D.C. DEPARTMENT OF THE NAVY, OFFICE OF LEGISLATIVE AFFAIRS, DEAR MR. CHAIRMAN: Your request for comment on S. 3080, a bill "To im prove and clarify certain laws affecting the Coast Guard Reserve," has been assigned to this Department by the Secretary of Defense for the preparation of a report thereon expressing the views of the Department of Defense. This bill would amend title 14, United States Code, so as to conform the promotion system for male officers of the Coast Guard Reserve on inactive duty to that employed for officers of the Regular Coast Guard, and provide an equitable system of promotion for officers of the Women's Reserve. The purpose of the legislation is to alleviate the present stagnation of promotions to the grades of captain, commander, and lieutenant commander in the Coast Guard Reserve. The bill would provide a best-qualified system of promotion and attrition for male commissioned officers above the grade of ensign and Women's Reserve officers above the grade of lieutenant serving on inactive duty, while retaining for male ensigns and Women's Reserve officers below the grade of commander a fully qualified promotion system. It would eliminate the dual system of promotion for Reserve officers serving on active duty, and would provide for elimination from active duty of Reserve officers who have failed of selection for promotion to the next higher grade or have completed stated amounts of service. This bill would also modify the running mate system, stabilize Reserve officers in their lineal position of precedence, and provide that a promotion appointment is deemed to be accepted on its effective date unless delivery cannot be made. Finally, the bill would place a five-year limitation on service in an active status of a Reserve rear admiral serving on inactive duty. The Department of the Navy, on behalf of the Department of Defense, defers to the views of the Department of Transportation with respect to this bill. This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense. The Bureau of the Budget advises that, from the standpoint of the Administration's program, there is no objection to the presentation of this report on S. 3080 for the consideration of the Committee. DEAR MR. CHAIRMAN: Reference is made to your letter of October 31, 1969, requesting our comments on S. 3080, 91st Congress, "A BILL To improve and clarify certain laws affecting the Coast Guard Reserve." The bill relates to the promotion, retention, and elimination of officers of the Coast Guard Reserve. It would establish a new promotion system for male Reserve officers similar to that applicable to Regualr officers, under which officers are selected for promotion on a best-qualified basis rather than on the basis of a modified seniority system under which all qualified officers formerly were promoted. It would retain the fully qualified method of selection of officers of the Women's Reserve through the grade of lieutenant commander and establish a best-qualified system for the higher grades. It would revise provisions relating to the retention and elimination of Reserve officers by adopting standards and procedures similar to those applicable to Regular officers. The basic purposes of the bill are to provide an orderly system of promotion so that officers selected for retention and promotion may expect to be promoted to the grades of lieutenant commander, commander and captain at regular intervals; to alleviate the present stagnation in promotion to the senior grades; and to enhance the quality of the Coast Guard Reserve officers. The bill is the legislative proposal which, with accompanying explanatory material, was transmitted to the President of the Senate by the Department of Transportation and subsequently referred to your Committee. On the basis of the justification contained in the letter of transmittal, this Office has no objection to favorable consideration of S. 3080. Concerning our comments on S. 3081, a bill to improve and clarify laws affecting the Coast Guard, also requested in your letter of October 31, 1969, it is expected that our report will be completed within the next two weeks. Sincerely yours, R. F. KELLER, Assistant Comptroller General of the United States. Senator LONG. In each instance, the House adopted certain amendments to the bills as introduced and we have before us both the House and Senate versions. We will take up S. 3081 and H.R. 13816 first. Our only witness on these bills is Rear Adm. William L. Morrison. STATEMENT OF REAR ADM. WILLIAM L. MORRISON, CHIEF, OFFICE OF CHIEF COUNSEL, ACCOMPANIED BY CAPT. ROBERT JOHNSON, COMDR. CLIFFORD F. DEWOLF AND HENRY M. TENNEY, U.S. COAST GUARD, DEPARTMENT OF TRANSPORTATION, WASHINGTON, D.C. Admiral MORRISON. I have a very brief statement to make in support of S. 3081, sir. Mr. Chariman, I am pleased to appear today in support of a bill the Coast Guard has proposed to improve and clarify laws affecting the Coast Guard. A number of the changes proposed are of a technical nature or effect minor substantive changes. All but several of the proposed amendments have the effect of aligning the statutory law pertaining to the Coast Guard more closely with existing provisions affecting the other Armed Forces. None of the provisions have significant monetary impact. All of them are important with regard to resolution of ambiguities, or to correct certain inequities, to create greater parity between Coast Guard personnel and members of the other services. Changes which relate to personnel include the authority to recall to active duty retirees over the age of 62 in peacetime. Present law permits their recall other than in times of peace. Inasmuch as the individual's consent is a statutory prerequisite in peacetime, there appears little logic to the distinction the law now makes. In somewhat similar vein is the provision which would permit members of the permanent commissioned teaching staff at the Coast Guard Academy to continue to serve 2 years beyond the present age 62 limitation. Also, S. 3081 provides for some increase in pay to commissioned professors who teach beyond 36 years. Both of these amendments affecting the Academy teaching staff derive from provisions which now pertain to the permanent commissioned staffs of the other service academies. Several other changes affect the Academy. There is an increase from 400 to 600 in the number of cadets who may be appointed annually. Projections suggest the need for a gradually increasing input to meet changing officer demands in the Coast Guard. The bill would also permit us to protect the Government's investment by requiring cadets who do not complete their academy training, or who do not accept a commission upon graduation, to serve on active duty for periods up to 4 years in the Coast Guard Reserve. A third change would permit the appointment to the Academy of not more than four cadets from the Republic of the Philippines. The Navy has similar authority. Our proposal is in response to a request, through appropriate channels, of course, from the Philippine Republic. A significant provision, particularly for the seven persons involved, raises the civilian lighthouse keeper basic compensation limitation from $5,100 to $7,500. The section of title 14 which pertains affords the Coast Guard administrative flexibility to adjust the pay for this unique occupation but only in relation to the basic compensation limiting figure. The more senior civilian lighthouse keepers have been disadvantaged because that figure does not reflect recent and substantial pay increases for other Government employees. We are anxious to correct the inequity. The provision concerning the authority to lease property in satisfaction of the Coast Guard's continuing need for public housing is similar to that contained in Public Law 90-334 which expires on June 30, 1970. S. 3081, as drafted, provides that expenditures for such rentals cannot exceed the average authorized for the Department of Defense in any year. The Coast Guard's greatest need for the leasing of property to be assigned as public quarters is frequently at facilities in or near major cities where living costs are highest. The Defense Department ceiling is often inadequate in those places. To resolve that dilemma the House amended H.R. 13816, the companion bill to S. 3081, to permit the Coast Guard to exceed the Defense Department average when it is necessary to obtain housing. Because the amendment does not increase overall costs but merely permits an allocation of a greater proportion of available funds to areas of greatest need, we support that amendment. Other than several technical amendments the remaining changes all relate to similar provisions now affecting the other armed forces and which have been determined as desirable for incorporation in the statutory law affecting the Coast Guard. These include authority for language training for dependents in anticipation of assignment of members to overseas locations, authority to transport dependent schoolchildren under certain circumstances, shortening the period of time after which ensigns may be selected for promotion to lieutenant junior grade, permitting greater flexibility in the handling of the supply fund, and permitting the payment of a uniform allowance to enlisted men upon initial promotion to warrant officer grade. That concludes my prepared statement. I shall be happy to respond to any questions you may have. Senator LONG. Admiral Morrison, how many cadets do you actually have at the Academy now, and approximately how many applications did you receive for these positions? Admiral MORRISON. As of this date, sir, the total number is 856. Senator LONG. How many applications did you have? Admiral MORRISON. There were several hundred applications, Senator. I don't have the exact figure, but it was somewhere in the vicinity of 4,500 for this last incoming class. Senator LONG. How many are in that class? Admiral MORRISON. How many are in that class now? Senator LONG. Yes. You say you had about 4,500 applications. How many positions did you have that they were applying for? They could only apply class by class, I take it? Admiral MORRISON. In the fourth class right now, sir, which is the class that went in this summer, as of the 20th of February, 352. Senator LONG. And you say you had about 4,500 applications? Admiral MORRISON. More or less. I can give you a more accurate figure for the record. Senator LONG. Would you, please? (The information requested follows:) The total number of applications for the last class that entered the Academy was 4,549. Senator LONG. Will the increase from 400 to 600 in the number of cadets who may be appointed annually require a substantial increase in the Academy's facilities? Admiral MORRISON. At the present moment I think the facilities are substantially adequate, Mr. Chairman. A recently completed barracks up there now permits our having just two cadets to a room which is a desirable situation for study purposes. We do have, I think you understand, a deferred project which relates to a new library which I think was mentioned yesterday by the commandant in his testimony. Senator LONG. The bill would allow you to require the cadet who does not accept a commission to serve 4 years of active duty. Have you had trouble with cadets who refused to accept commissions? Admiral MORRISON. No, we have not had any particular problem in that regard, sir. I think the main impact of this suggestion of ours is to at least get some return on our investment for those who do not complete the course. But as to refusal on graduation, I don't think we have had any particular experience in that regard. Senator LONG. Can you tell me how many have refused to accept commissions after graduation? Admiral MORRISON. I don't think there have been any, sir. This proposal is merely in anticipation that it might occur some time. Senator LONG. What do you estimate will be the total cost to the Government if this bill is passed? Admiral MORRISON. Enactment would result in certain defined increases which amount to about $30,000 annually at first and which increase to about $37,000 within the next 5 years. Additional costs would result from the anticipated exercise of discretionary authority. Those estimated costs, exclusive of leased housing, are $170,000 for fiscal 1971 and about $290,000 annually for the several following fiscal years. The leased housing program which was undertaken in fiscal year 1967 under periodically renewed authority is funded currently at $957,000. Plans envision continued gradual growth to about $2 million annually over the next several years. Senator LONG. I have some additional questions on various aspects of these two bills which I will submit to you in writing. I would like for you to answer those for the record. |