TO AMEND SECTION 24 OF THE ACT APPROVED FEBRUARY 28 HOUSE OF REPRESENTATIVES, The committee this day met at 10.30 o'clock a. m., Hon. Fred Britten, chairman, presiding. The CHAIRMAN. Which is the first bill for consideration this morning, Admiral Campbell? STATEMENT OF REAR ADMIRAL EDWARD H. CAMPBELL, UNITED STATES NAVY, JUDGE ADVOCATE GENERAL, NAVY DEPARTMENT. Admiral CAMPBELL. H. R. 7930, to amend section 24 of the act approved February 8, 1925, entitled "An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve." The CHAIRMAN. The bill in question and a report thereon by the Navy Department read as follows: A BILL To amend section 24 of the act approved February 28, 1925, entitled "An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve" Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 24 of the act approved February 28, 1925 (Forty-third Statutes at Large, page 1087), entitled "An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve," be, and the same is hereby, amended by changing the period at the end of said section to a colon and by adding thereto the following proviso: "Provided further, That any pay which may be due any member of the Fleet Naval Reserve, transferred thereto prior to July 1, 1925, shall be forfeited when so ordered by the Secretary of the Navy upon the failure, under such conditions as may be prescribed by the Secretary of the Navy, of such member to report for inspection: Provided further, That transferred members of the Fleet Naval Reserve found not physically qualified on reporting for inspection in accordance with this section, shall be transferred to the retired list of the regular Navy, with the pay they are then receiving, and upon the completion of thirty years' service, including naval service, time in the Fleet Naval Reserve, and time on the retired list of the Navy, they shall receive the allowances to which enlisted men of the regular Navy are entitled on retirement after thirty years' service." TO AMEND SECTION 24 OF THE ACT APPROVED FEBRUARY 28, 1925, ENTITLED "AN ACT TO PROVIDE FOR THE CREATION, ORGANIZATION, ADMINISTRATION, AND MAINTENANCE OF A NAVAL RESERVE AND A MARINE CORPS RESERVE" H. R. 7930) NAVY DEPARTMENT, Washington, December 15, 1927. The CHAIRMAN COMMITTEE ON NAVAL AFFAIRS, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: There is inclosed herewith a copy of a letter, together with a draft of a proposed bill to amend section 24 of the act approved February 28, 1925, entitled "An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve," this day forwarded to the Speaker of the House of Representatives. Sincerely yours, The SPEAKER OF THE HOUSE OF REPRESENTATIVES, MY DEAR MR. SPEAKER: I have the honor to transmit herewith a draft of a proposed bill to amend section 24 of the act approved February 28, 1925, entitled "An act to provide for the creation, organization, administration, and maintenance of a Naval Reserve and a Marine Corps Reserve." Prior to the passage of the Naval Reserve act of February 28, 1925 (43 Stat. 1080; U. S. C., title 34, sec. 751 et seq.), the Secretary of the Navy was authorized by a provision of law contained in the naval appropriation act of August 29, 1916 (39 Stat. 590), to recall transferred members of the Fleet Naval Reserve for the purpose of inspection and examination, and to withhold their pay should they fail to report for such inspection and examination. However, section 3 of the act approved February 28, 1925 (43 Stat. 1081; U. S. C., title 34, sec. 751 et seq.); which act became effective July 1, 1925, repealed that part of the act approved August 29, 1916, relating to forfeiture of pay by members of the Fleet Naval Reserve who failed to report for inspection when so ordered by the Secretary of the Navy. Consequently, there now exists no authority of law empowering the Secretary of the Navy to recall members of the Fleet Naval Reserve, transferred thereto prior to July 1, 1925, for inspection and examination. Under sections 23 and 27 of the Naval Reserve act approved February 28, 1925, men transferred to the Fleet Naval Reserve after June 30, 1925, are required to undergo a physical examination at least once every four years, and if they are found not physically qualified on such examination provision is made for their discharge or transfer to the retired list, depending upon the status of the men with reference to the time they enlisted. However, these provisions in the act of February 28, 1925. are inapplicable to men transferred to the Fleet Naval Reserve prior to July 1, 1925. The Navy Department considers it essential that members of the Fleet Naval Reserve transferred thereto prior to July 1, 1925, should be recalled at intervals - for inspection and examination, and therefore desires that the Naval Reserve act of February 28, 1925, cited above, be amended to accomplish this purpose. In the absence of the amendatory legislation proposed, the Navy Department is without authority to even keep informed of the physical condition and readiness for sea or shore duty of the large class of transferred reservists comprising the Fleet Naval Reserve. Thus it will be seen that the enactment of this proposed legislation is essential to the Navy's interests. The proposed legislation also provides for the transfer of these members of the Fleet Naval Reserve to the retired list if not found physically qualified upon reporting for inspection and also upon completion of 30 years' service. This proviso is the same as that now provided by law in section 27 of the act approved February 28, 1925, for certain members of the Fleet Naval Reserve. It is difficult to estimate with any degree of accuracy the cost which would be involved to the Government should this proposed legislation be enacted. However, the following data is furnished for your information: The total number of men with over 16 and 20 years' naval service transferred to the Fleet Naval Reserve between August 29, 1916, and June 30, 1925, amounts to 6,351 and of this number there now remains in the Fleet Naval Reserve 5,988. The cost involved, which includes active duty pay while undergoing inspection and cost of transportation, is very roughly estimated at $12.40 per man, and for 5,988 men this would amount to $74,250 per annum. This amount would be reduced each year by deaths, resignations, etc., among those members of the Fleet Naval Reserve transferred thereto prior to July 1, 1925. The proposed legislation was referred to the Bureau of the Budget with the above information as to cost and under date of December 8, 1927, the Director of the Bureau of the Budget advised the Navy Department that the proposed legislation is not in conflict with the financial program of the President. In view of the foregoing, the Navy Department recommends the enactment of this proposed legislation. Sincerely yours, CURTIS D. WILBUR, Secretary of the Navy. The CHAIRMAN. Was this bill reported out last year? Admiral CAMPBELL. No, sir; the committee had hearings on it, however. It was reported out two years ago. Mr. VINSON. It refers to the Naval Reserve and the Marine Corps Reserve? Admiral CAMPBELL. It does. Mr. VINSON. It would provide by law that the reservist shall report for physical examination? Admiral CAMPBELL. That is correct. The CHAIRMAN. If the reservist does not report when ordered by the Navy Department to do so he would, under the proposed measure, forfeit his pay as a reservist? Admiral CAMPBELL. That is true. Mr. MILLER. As I recall, this subject has been before the committee several times? The CHAIRMAN. That is true. Admiral CAMPBELL. This proposed law would make sure the reservists are physically fit for the performance of duty that may be expected of them. The CHAIRMAN. I had in mind also those who failed to report for training purposes. Admiral CAMPBELL. No; this is, primarily, to insure physical fitness for the performance of duty. The CHAIRMAN. So that, instead of having a number of reservists on paper only, you would have men physically fit to perform active service. You would by this proposed measure weed out those who are not physically fit for active duty. Admiral CAMPBELL. Yes, sir. Mr. VINSON. This might be all right for a member of the reserves who is living in this country, but, suppose, for example, one should be temporarily out of the country and you ordered him for physical examination. It might not be possible or practicable for him to return to this country for that examination. How about that? It seems to me that some provision should be made to take care of such a contingency. Somebody, who is a member of the reserves, might want to go, say, on a visit to our insular possessions and while there he might be ordered for physical examination. Would it not be well to provide that he may be physically examined by a medical representative of the United States at the place he may be, if there is a medical representative of our Government there? What I have in mind is the protecting of this reservist from any undue hardship or inconvenience. Admiral CAMPBELL. This is left to the discretion of the Secretary of the Navy, and if a reservist is ordered for physical examination. his expenses incident thereto are paid by the Government. He would not be put to any expense. Mr. VINSON. That is very good; but how about the inconvenience attaching to reporting for physical examination? Admiral CAMPBELL. True this might take him away from his business. The CHAIRMAN. As has been suggested, if he were in one of our insular possessions he could report to some medical officer of the United States there for physical examination. Admiral CAMPBELL. Yes; in any of our insular possessions a medical officer may be found and he could make this proposed examination of the reservist. Mr. VINSON. Suppose a reservist should be in a foreign countrysay, England—and he is ordered for physical examination, would the United States Government pay his expenses from England to the United States? Why not let him be examined by some medical officer of the United States in England. We have medical officers with the military and naval attachés abroad. Admiral CAMPBELL. That could be done. Mr. MILLER. What language in the bill' gives the Secretary that authority? Admiral CAMPBELL. Where it says, "Under such conditions as may be prescribed by the Secretary of the Navy." Mr. MILLER. Do you think that language would give the Secretary of the Navy authority to call for examination, and enforce the call, a reservist in, say, Europe on a pleasure trip? Admiral CAMPBELL. It would, but I do not think anybody contemplates that the Secretary of the Navy would do that. Mr. MILLER. Of course, I myself do not believe he would. I just cited that as a question. Mr. VINSON. Personally I do not want to be bound by a hard and fast rule so far as these reservists are concerned. I do not want them thrown out just because they can not on account of some peculiar condition report for physical examination when ordered for that purpose. It is all right to put a man on the retired list if he is physically unfit; but, in my opinion, any rule relating to physical examination of reservists should be liberal. Admiral CAMPBELL. This is to cover an oversight when the reserve act was passed in 1925. Before that time and under the old act of August 29, 1916, the Secretary did have authority to enforce physical inspection of reservists. When the act of 1925 was passed it repealed the 1916 law and failed to cover those reservists who came in prior to July 1, 1925. This bill would cover those coming in before that date. Mr. VINSON. Then, the law we passed a few years ago dealing with this subject requires the reservists to report for physical examination? Admiral CAMPBELL. Yes; the act of February 28, 1925. Mr. VINSON. Why did the Navy Department, when we worked on the Fleet Naval Reserve bill, think about this? Admiral CAMPBELL. I am unable to say. Mr. VINSON. We passed one bill and it has to be followed by others to clarify it. Mr. HALE. What does the act of 1925 provide? Admiral CAMPBELL. Section 23 of the act of February 28, 1925, provides that Men who enlist in the regular Navy after the passage of this act, except as herein otherwise provided, may be transferred to the Fleet Naval Reserve only upon the completion of at least twenty years' naval service and provided they are then found physically and otherwise qualified to perform duty in time of war and apply for such transfer, and thereafter, except when on active duty, shall be paid at the rate of one-half of the base pay they are receiving at the time of transfer: Provided, That in time of peace all enlisted men so transferred to the Fleet Naval Reserve may be required to perform not more than two months' active duty in each four-year period and shall be physically examined at least once during each four-year period, and if upon such examination they are found not physically qualified to perform duty in time of war they shall be discharged: Provided further, That all enlisted men so transferred to the Fleet Naval Reserve shall upon completion of thirty years' service, including naval service and time in the Fleet Naval Reserve, be transferred to the retired list of the regular Navy with one-half of the base pay of their ratings plus all permanent additions thereto, and the allowances to which enlisted men of the same ratings are entitled on retirement after thirty years' naval service. The CHAIRMAN. If you have the order for reporting covered by the acts of 1916 and 1925 why is this proposed measure necessary? Admiral CAMPBELL. The act of August 29, 1916, was repealed by the act of February 28, 1925. In section 3 of the Naval Reserve act it says: That all provisions of law relating to the Naval Reserve Force, the United States Marine Corps Reserve, and the Naval Militia contained in the acts of August 29, 1916; March 4, 1917; April 25, 1917; May 22, 1917; July 1, 1918; July 11, 1919; June 4, 1920; July 12, 1921, and all other acts or parts of acts relating to the Naval Reserve Force, the United States Marine Corps, and the Naval Militia, with the exception of the act of June 10, 1922 (Forty-second Statutes at Large, page 625), are hereby repealed. Mr. HALE. That is the reason for this legislation? Admiral CAMPBELL. Yes, sir. Mr. HALE. We are amending, or asked to amend, section 24? You have read section 23. Now please read section 24 as it would read if amended in accordance with the pending bill. Admiral CAMPBELL. It would say: All enlisted men who heretofore have been transferred from the regular Navy to the Fleet Naval Reserve established by the act of August 29, 1916, and who by section 1 of this act are transferred to the Fleet Naval Reserve herein created, shall receive the rate of pay they were legally entitled to receive in the Naval Reserve Force: Provided, That such enlisted men so transferred to the Fleet Naval Reserve herein created shall, upon completing thirty years' service, including naval service and time in the Fleet Naval Reserve of the Naval Reserve Force and in the Fleet Naval Reserve herein created, be transferred to the retired list of the regular Navy with the pay they were then legally entitled to receive, plus the allowances to which enlisted men of the regular Navy are entitled on retirement after thirty years' naval service: Provided further, That any pay which may be due any member of the Fleet Naval Reserve, transferred thereto prior to July 1, 1925, shall be forfeited when so ordered by the Secretary of the Navy upon the failure, under such conditions as may be prescribed by the Secretary of the Navy, of such member to report for inspection: Provided further, That transferred members of the Fleet Naval Reserve found not physically qualified on reporting for inspection in accordance with this section, shall be transferred to the retired list of the regular Navy, with the pay they are then receiving, and upon the completion of thirty years' service, including naval service, time in the Fleet Naval Reserve, and time on the retired list of the Navy, they shall receive the allowances to which enlisted men of the regular Navy are entitled on retirement after thirty years' service. |