Mr. SPRINGER. Colonel, how many of those temporary acts are there that could be eliminated now? Do you know, or could you approximate the number? Colonel THOMPSON. I could count, sir, if you would give me just a moment-24 are available, sir. Mr. SPRINGER. In other words there are 24 that can be eliminated at this time without any disadvantage? Colonel THOMPSON. Yes, sir. Mr. SPRINGER. That leaves approximately how many that ought to be continued? Colonel THOMPSON. About 47. Mr. EMERSON. Those figures, are they confined to the statutes covering termination on the cessation of hostilities? Colonel THOMPSON. No, not necessarily. Mr. EMERSON. It includes all of them? Colonel THOMPSON. Yes, sir. Mr. SPRINGER. You do not have any separate list of these that can be eliminated and those which should be retained in order to carry out the necessary functions? Colonel THOMPSON. Yes, sir; we submitted such lists to Mr. Snyder's office for his reporting to the committee. Mr. SPRINGER. And that eventually will be put in the record, will it not, Colonel? Colonel THOMPSON. Yes, sir. Mr. SPRINGER. Thank you. Mr. HANCOCK. You mean they can be eliminated at the present time? Colonel THOMPSON. That is correct, sir. Mr. SPRINGER. Not necessarily after the war termination or 6 months thereafter. Colonel THOMPSON. That is correct; they can be eliminated now. Mr. HOBBS. Are all those included in group I? Colonel THOMPSON. That is my information but I am not positive of that. We can check it. Mr. HOBBS. All right. Are there other questions? Colonel, we are grateful to you. Colonel THOMPSON. Thank you, sir. You are not going through group I at this time? Mr. HOBBS. We would be glad to take up anything you want to take up, anything the Army is interested in. We want your testimony with regard to the individual items. Colonel THOMPSON. In group II, sir, on page 2, the next to the last item refers to the regular hours of laborers and mechanics employed by the War Department in the manufacture of products of military equipment, and the remark or comment that this authority is no longer necessary, that the particular authority is contained in section 4 (b) of the act, and we concur with the comment; but for the purposes of the record I would like to point out that there are other provisions in that act, the retention of which we regard as necessary, and would like to say that that comment should be confined to section 4 (b). That is an act containing various miscellaneous authorities, including contract authorities, provisions in regard to supplies; it relates to the assignment of officers, to enlistments, curtailment of exports, removal 85413-46-ser. 17, pt. 2-3 of civilian employees, and other purposes. We would like to have that limited to section 4 (b). Mr. HOBBS. Section 4 (b)? Colonel THOMPSON. Yes, sir. Mr. HOBBS. That is the act of June 2, 1940? Colonel THOMPSON. Yes, sir. Mr. HOBBS. That is 54 Statutes 714? Colonel THOMPSON. Yes, sir. Mr. HOBBS. And your desire is to limit it strictly to section 4 (b) of that act? Colonel THOMPSON. Yes, sir; because that is listed under "unnecessary" and it may now be repealed. Mr. HOBBS. In other words, that authority is no longer necessary? Colonel THOMPSON. That is correct; it is limited to that subject. Mr. HOBBS. But there are other provisions in that act which you must have? Colonel THOMPSON. Yes, sir. Mr. HOBBS. All right, sir. Colonel THOMPSON. Now on group III, page 1, second item, is the act of December 17, 1942. It is stated here that that act applies to the civil-service employees of the Navy and Coast Guard. That act also applies as well to the War Department and the comment is that the Navy believes that the power may be permitted to lapse. The War Department feels that the retention of that authority is necessary until its normal expiration date, which is the termination of the present war, for the reason that it is necessary in connection with certain classified projects which the War Department has. It is my information that that is an authority which has only been rarely used, but its retention is regarded as necessary. Mr. HOBBS. And that is the second item on page 1 of group III? Colonel THOMPSON. Yes, sir. The act provides certain safeguards and certain provisions for reinstatement, but nevertheless there is a right of immediate discharge. Mr. HANCOCK. You want that to be continued how long? Colonel THOMPSON. Until its normal expiration date, which would be the conclusion of the war; assuming, of course, that the war is not terminated immediately. Mr. SPRINGER. Suppose the war would be terminated immediately. Then what would be your suggestions? Colonel THOMPSON. That might terminate these projects I am talking about and I think it would not be our purpose to ask it beyond the termination of the war, but if the war were terminated and the projects were carried on, we would have to come in and ask for further authority. Mr. HANCOCK. Well, have you invoked this law in many cases? Have you summarily removed any civil-service employees without a hearing? Colonel THOMPSON. It is my information, sir, that it has not been invoked frequently. It is only invoked rarely, if it is invoked at all. It is a provision which is believed to have a salutary effect in the event of the necessity for the immediate or summary removal of an employee in connection with any form of classified activity requiring secrecy, and so forth. Mr. HANCOCK. That would be just as desirable in normal times, wouldn't it? Colonel THOMPSON. Yes, sir; I think that inference could be drawn, but I would like to say that the distinction there is that the employment is crystallized and it is a settled thing in time of peace, as a rule. In time of war you have a tremendous influx of employees and you do not have the long-range employees whom you have known over the years and who have a record behind them so that you know what you can expect of them. This is purely an emergency proposition. Mr. HANCOCK. Haven't you pretty well cleaned up the situation after 5 years? Colonel THOMPSON. We certainly should have; but, as I say, there is some question as to the procedural advantages of this particular statute that makes it desirable for our personnel. Mr. SPRINGER. Is there anything else in group III? Colonel THOMPSON. Yes, sir; the last item on the page. Colonel THOMPSON. Yes, sir. This relates to the publication of patents of inventions and permitted the withdrawal of the patents as the national interest required. The information which I have obtained from the Patents Branch in the office of the Judge Advocate General is that they are still engaged in the examination, review, and making recommendations for permission to file patents abroad. They have not cleaned up that situation yet. It is a matter which is progressing daily and we do not feel at this time that that should go off the books. Mr. SPRINGER. And if it should be retained, for what length of time should it be retained? Colonel THOMPSON. The Patents Branch of the office of the Judge Advocate General estimates that continuation of the act for 1 year from this time will be necessary. The next item appears on page 7, the act of December 20, 1941, and I mention that purely to qualify the comment as I did in connection with the other item a few minutes ago. The interested agencies here are as much interested as the Navy and the Coast Guard. The extension of the period of service in that act relates to the Navy and the Coast Guard. However, that act in its entirety contains additional provisions which relate both to the Selective Training and Service Act and to provisions governing the subject of national service life insurance for the soldiers, and I would like simply to add a statement that the War Department, as well as the Navy and the Coast Guard, recommends that that statute be retained for a period of, I believe, 6 months following the termination of the war. I merely want to join in the comment there. Mr. HOBBS. It is on page 7, the second item. Colonel Thompson. Yes, sir. Mr. HOBBS. We would like to have you testify, Colonel, with regard to the others of the 47. Tell us why you would retain 47. You have only touched on 4. Colonel THOMPSON. I think I will have to add 3 items to that total of 47. I overlooked one short list here. These statutes are listed as necessary to be continued. The act of June 29, 1943 (57 Stat. 249). Mr. HOBBS. Where does that appear on this list? Colonel THOMPSON. I am not certain that that has been included in these lists, sir. Mr. Emerson, this was in connection with our report of the 12th of March. This is duration and 6 months after the expiration of the war, the act of June 29, 1943. That is the act which provides for the retirement of commissioned officers and warrant officers on the basis of their temporary grade. It is rather an anomalous situation which has developed, that those officers appointed into the Army from civil life had what was known as temporary grade in what is known as the Army of the United States. A Reserve officer came in with his Reserve grade. In the event he was promoted he took a temporary grade in the Army of the United States. The Regular Army officer being promoted from his permanent grade would take a temporary grade in the Army of the United States. Prior to the enactment of this law, each of those officers would have been retired for physical disabilities, and I would like to say and to point out this in regard to physical disability solely, that all three would be retired on a different basis. Let us assume that we had former Lieutenant General Knudsen, who was appointed from civil life, and Lieutenant General Doolittle, who came as a major from the Reserve Corps, and Major General LeMay, who was a Regular Army officer with the permanent grade of captain. They were all physically disabled, we will assume, by virtue of the same accident, assuming they were occupying the same airplane. General Knudsen would be retired as a lieutenant general, General Doolittle would be retired as a major, and General LeMay would be retired as a captain with the differences in retired pay. Now we will assume two second lieutenants. We will say that the one comes from college as a Reserve officer and the other gets a commission as a second lieutenant by going to the officers candidate school, and they both get to be a captain temporarily. We would assume that they were both disabled by the same shell burst. The officer who had gone to the officers' training school would retire as a captain and the officer from the Reserve Corps would have to go back to his Reserve commission rank of second lieutenant and we would have that discrepancy. So this act was passed to equalize the rights of the physically disabled of the Army and it was for the duration and 6 months thereafter and we think it should not go out because we still have large numbers of people serving in these three distinct categories. The next item is again that summary removal of employees which we have discussed. That appears in the list. The third item is the act of December 16, 1940, as amended by the act of December 15, 1944, which is a temporary authorization for the Office of Under Secretary of War, for the duration of the war plus 6 months. Mr. HOBBS. How long do you think that the office should be continued? Colonel THOMPSON. The office of the Secretary of War has advised me that, after clearance with the Bureau of the Budget, a recommendation will probably be made to establish the office on a permanent basis. The next item, incidentally, has already been extended by act of Congress approved by the President in the last few days, and I will skip that. We have the act of July 2, 1940, which authorizes the Secretary of War for national defense purposes, with or without advertising to procure supplies and equipment, to acquire and provide lands, plans, and facilities, and to dispose thereof. The War Department and Navy Department have under consideration permanent procurement legislation which they hope ultimately to have cleared by the Bureau of the Budget, introduced, and enacted into permanent law. Until that is done this particular statute should not be disturbed. Mr. HANCOCK. Why is it necessary now to purchase supplies without competitive bidding and without advertising? Colonel THOMPSON. This is a temporary authorization based on mobilization and War Department requirements, and I believe, sir, if you would realize that the Army now is quite a different organization and quite a different operation from what it was in peace time, you would realize that our procurement problems, of course, have been materially reduced but they haven't vanished. They are many times greater than they were before 1940, for instance. Mr. HANCOCK. Based entirely upon the size of the Army? Colonel THOMPSON. Based on our necessities and the fact that our set-up still, of course, has not stabilized. We are constantly reducing, it is true, but we are constantly in a state of flux. Mr. HANCOCK. Of course, we would like to restore those safeguards as early as we can do it without crippling your operations. Colonel THOMPSON. I appreciate that, sir, and that is recognized in the Department; and the War Department together with the Navy Department have been working on a system of procurement for which we hope shortly to be able to make a legislative proposal after clearing the Bureau of the Budget, which would check up the future procurement authorizations and in turn eliminate temporary authority. The next item, sir, is the First War Powers Act, and without attempting any extended discussion I can say that the organization of the Department is dependent upon the First War Powers Act, and if there was a termination of the First War Powers Act we would revert to the 1920 basis of the National Defense Act. The Second War Powers Act, I believe it is not necessary for me to discuss it. The War Department is interested in certain titles on which this committee has already acted. The act of October 31, 1942, is a royalty adjustment act. It provides for the adjustment of royalties on the use of inventions for the benefit of the Government. I think that that authority is not going to be necessary much longer, but I would not want to give a definite termination date at this time. Mr. HOBBS. We would like to have you do that at your earliest convenience. Colonel THOMPSON. Yes, sir. (The data requested are as follows:) A continuation of this act for a period of 6 months from this time would be sufficient. Colonel THOMPSON. The act of June 5, 1942, section 12, authorizes the employment of officers, corporations, firms, or individuals and |