them, and which are conferred by such governments upon members of their own military forces. For purposes of this Act, the consent of the Congress required in accordance with clause 8 of section 9, article I, of the Constitution, is hereby granted. Any such member or former member holding any office of profit or trust under the United States is authorized to wear any decoration, order, or emblem accepted pursuant to authority contained in this Act.

Mr. DARDEN. This is a departmental bill, introduced by Chairman Saltonstall at the request of the Department of Defense.

The purpose of the bill is to grant the requisite congressional consent to the acceptance and the wearing by members of our Armed Forces of decorations tendered by countries allied with us in the fighting in Korea.

There are three safeguards in the bill. The decorations must be the same as those tendered by the granting countries to members of its own Armed Forces. The decorations can be accepted only under regulations approved by the Secretary of the Department concerned, and the countries that can grant the decorations are limited to those which are fighting alongside the United States forces in Korea.

As you know, clause 8 of section 9 of article I of the Constitution provides that no person holding office of honor or trust under the United States shall accept any emolument or present or title from a foreign state.

Senator DUFF. This is similar to like enactments after World War I and World War II?

Mr. DARDEN. It is; yes, sir.

Senator SYMINGTON. No questions.

Mr. DARDEN. The Department of Treasury has suggested an amendment, Mr. Chairman, to include the members of the Coast Guard in the authority.

Senator DUFF. There is no reason why that shouldn't be included.
Mr. DARDEN. There is no reason why that shouldn't be done.
I have here a statement of Maj. William J. Dwyer on this bill.
(The statement of Maj. William J. Dwyer is as follows:)

STATEMENT OF MAJ. WILLIAM J. DWYER, OFFICE OF THE ASSISTANT CHIEF OF STAFF, G-1, ARMY

Mr. Chairman, I am Maj. William J. Dwyer, from the Office of the Assistant Chief of Staff, G-1, Department of the Army. I represent the Department of Defense for this legislation.

This legislation would authorize officers and enlisted personnel of the Armed Forces of the United States, during the period of hostilities in Korea, in which the United States is engaged and for 1 year thereafter, to accept from the governments of foreign nations whose personnel are participating with or under the United Nations command in Korea such decorations, orders, and emblems as may be tendered them and which are conferred by such governments upon members of their own military forces.

The Constitution of the United States provides "No person holding any office of profit or trust under the United States shall, without the consent of Congress, accept any present, emolument, office, or title, of any kind whatever, from any king, prince, or foreign state. This provision is contained in clause 8, section 9 of article I."

During World War II authority was granted to United States military personnel to accept foreign decorations from cobelligerent nations, other American Republics, and neutral nations, without further individual referreal to Congress by Public Laws 671 of the 77th Congress and 58 of the 80th Congress. These laws were repealed by Public Law 239 of the 80th Congress. The latter act provided that the two previous laws were repealed 1 year from the effective date of the act.

lar Army component. The Army needs the high-caliber type officer that is utilized in the Medical Service Corps. These well-qualified officers must be encouraged to make the Medical Service their career, and with such an inequitable restriction placed on this corps, difficulty is encountered in both procuring and retaining qualified persons in the Medical Service Corps.

Of equal importance, however, is the fact that the legislative restrictions of section 101, Army-Navy Medical Services Corps Act of 1947 come into conflict with the Officers Personnel Act of 1947 when officers of this corps have attained 28 years' service. This operates to the disadvantage of the Government. Officers who are at the peak of their productive capacity, and have gained much experience and training, will be subject to elimination from the service by virtue of the restriction imposed under existing law. The Secretary of the Army can grant an exception, under the Officers Personnel Act of 1947, after a request is made in each individual case. But this is done in only the most exceptional cases.

The establishment of the Medical Service Corps, Regular Army, in 1947, as an integral part of the Army Medical Service, was due in no small measure to the efforts of this committee. More than 6 years have passed since then-6 years in which the organization and the structure of the Medical Service Corps have been carefully observed and tested in the best laboratory of all-actual operations.

I am proud to be able to report to this committee that the job done by the Medical Service Corps, from its inception, has fully justified the high hopes expressed for the corps by the then Surgeon General, Maj. Gen. Norman T. Kirk, as well as other witnesses who appeared before this committee in 1947 to testify in favor of legislation to establish the corps. From the start, officers of the Medical Service Corps, both Regular and Reserve, have contributed to the accomplishments of the Army Medical Service in full measure.

In considering the merit of this proposed legislation, it is important to note that the great majority of officers now holding appointment in the Medical Service › Corps of the Regular Army were originally integrated into the Regular Army in the Pharmacy Corps. Statutes in effect at the time of their appointment provided for their promotion through the various commissioned grades upon completion of certain periods of service, and ultimately to the grade of colonel, upon completion of 26 years of service. The Army-Navy Medical Services Corps Act of 1947 abolished the Pharmacy Corps, transferred all the officers holding appointment therein to the new Medical Service Corps, and provided for promotion of Medical Service Corps officers on the same basis as officers of the promotion list Arms and Services, but imposing at the same time, a limitation of 2 percent in the grade of colonel on the Medical Service Corps.

It is apparent that the inclusion of this limitation in the Medical Services Corps Act, which was requested by the Army, not by this committee, had its basis in the number of positions for colonel, Pharmacy Corps, and Medical Administrative Corps, in the then existing or anticipated structures of the then Medical Department.

During the 6 years which have elapsed since that time, however, the concept of utilization of Medical Service Corps officers in the Army has been desirably broadened and expanded. Many additional areas and positions of responsibility exist for officers of the Medical Service Corps (over and above those which existed in 1947) in the farflung and diversified activities of the Army Medical Service.

It should be emphasized that one of the major aims of the Department of the Army repeatedly expressed by the Secretary of the Army is the achievement of maximum utilization of medical, dental, and veterinary officers, in professional duties, and their relief from administrative, managerial, scientific, and technical duties other than those which require for proper performance the particular professional training and background of a medical, dental, or veterinary officer. As I have said, the limitation of the Medical Service Corps, Regular Army, of 2 percent in the grade of colonel is in strong contrast to the maximum 8 percent in the same grade authorized for all other male corps in the Regular Army by section 505 (b) (1) and (2) of the Officer Personnel Act of 1947. Enactment of H. R. 5509 would correct this disparity and remove what is now a serious inequity.

The second undesirable result of the disparity in promotion opportunity for officers of the Medical Service Corps is the adverse effect it has had, and will continue to have, on the procurement of qualified officers for appointment in the Regular corps. That this disparity has serious effects on procurement is clearly demonstrated on the attached photochart, indicating a deficit of first and second

Heutenants. Although every effort is being made to attract qualified applicants, both scientific and administrative, I am convinced that the legislative discrimination of our present law is in no small degree responsible for the trend toward lack of interest in an MSC Regular Army career. Men who possess the educational, scientific, or technical qualifications desired in the Medical Service Corps should be accorded the same opportunities for advancement during their career of military service as are accorded all other male officers in the Regular Army. It should also be noted that prior to enactment of the Air Force Organization Act of 1951, there was a Medical Service Corps in the Air Force. That corps was established in the Air Force along with other corps of the medical service, e. g., medical, dental, and veterinary, in 1949, when the Secretary of Defense approved a separate medical service for the Air Force. At that time, all provisions of the Army-Navy Medical Services Corps Act of 1947 were deemed equally applicable to the Medical Service Corps, USAF, including of course the 2-percent limitation on the number of colonels authorized therein. Several hundred officers originally appointed in the Medical Service Corps of the Regular Army were thereupon voluntarily transferred to the Medical Service Corps of the Air Force. Enactment of the Air Force Organization Act of 1951, however, abolished the "corps" concept in the Air Force. Further, the provisions of the Air Force Organization Act of 1951 are such that, among other things, the 2-percent limitation on colonels applicable to the Medical Service Corps, was removed. Thus, the officers assigned to medical service duties were made eligible for promotion to all grades on precisely the same basis as all other officers of the Regular Air Force.

I wish to emphasize that increasing the number of Regular Army Medical Service Corps colonels from 2 to 8 percent will not result in any faster promotion of these officers than in the past. These vacancies would not be filled in the immediate future, but filled gradually over the next few years.

The passage of this bill would increase the number of colonel spaces authorized for the Regular Army by 58.

The number and pay of colonels authorized for the active-duty Army is annually geared to language of the appropriation act. Until such time as the active-duty Army is reduced to the Regular Army structure-not envisioned in the foreseeable future-no implications of increased spaces or pay as a result of passage of this bill will occur.

In conclusion, I submit that the enactment of this bill would mean only that MSC officers, upon reaching that point in their military career wherein they possess such minimum number of years of service, and other qualifications as may be prescribed by the Secretary of the Army as a prerequisite for consideration for promotion, can be accorded equality of opportunity with their fellow officers on the other promotion lists. This bill would enhance the attractiveness of service in the Medical Service Corps to those high-type persons that are required in the corps. And, lastly, this bill would cause no increase in the number of colonels in the Army, and would therefore represent no increased cost to the Government.

Mr. DARDEN. One point that I think should be mentioned for the purpose of clarity in the record is that approval of this bill will not at the present time increase the number of colonels on duty on an armywide basis. At such time as the Army shrank to its peacetime strength it would increase the number of colonels over what is presently authorized.

The Davis amendment, as modified, now provides the Army can have as many as 5,199 colonels on active duty, of which number under existing law 2,227 can be permanent colonels.

If this bill were authorized, it is possible for the Army to have 57 more permanent colonels, so the larger figure of 5,199 would remain unchanged, but the lower one would move up to 2,284.

Senator DUFF. Any questions?

Senator SYMINGTON. No, sir.

Senator DUFF. All right.

H. R. 5416

Mr. DARDEN. This, Mr. Chairman, brings us to H. R. 5416, on page 17 of the committee print.

(H. R. 5416 is as follows:)

[H. R. 5416, 83d Cong., 1st sess.]

AN ACT To authorize the advancement of certain lieutenants on the retired list of the Navy

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any other provision of law, Lieutenant Harold Edgar Peifer, United States Navy (retired), Lieutenant Jim Tom Acree, United States Navy (retired), Lieutenant Harold Coldwell, United States Navy (retired), Lieutenant Thomas Tingey Craven, United States Navy (retired), and Lieutenant Charles Samuel Boarman, United States Navy (retired), shall be advanced to the grade of lieutenant commander on the retired list effective for all purposes from the date of retirement in each case. Passed the House of Representatives July 27, 1953. Attest:

LYLE O. SNAder, Clerk.

Mr. DARDEN. This is a departmental bill recommended by the Department of the Navy and has passed the House of Representatives. Its purpose is to promote five lieutenants of the Navy to the grade of lieutenant commander on the retired list, the effective date to be the date on which they were retired in each case.

The bill arises in this way. A provision of law in effect in 1942 and which has since been repealed provides that lieutenants who served prior to November 12, 1918, and who shall have completed not less than 21 years of service shall, on retirement, be advanced to the grade of lieutenant commander on the retired list. The Navy Department construed the words "who served prior to November 12, 1918" to include midshipman service and the Comptroller General excepted to this finding and said that there was no authority for that midshipman service to be declared as a service prior to November 1918. Subsequently, the Department of the Navy recommended legislation to validate the promotions, notwithstanding the Comptroller General's ruling.

While the bill was pending before this committee, the Navy Department erroneously advised the committee that only one officer was affected, whereupon the committee amended it from a general bill which would have taken care of all of these officers in the instant bill to a private one which was enacted.

The consequence of this action is that 1 officer, who is in exactly the same status as the 5 who are the subject of this bill, has secured relief while these other five are in the same circumstance.

Senator DUFF. The representation was made by the Navy that only one was affected erroneously?

Mr. DARDEN. That is correct, sir.

Senator DUFF. Had not that statement been made, these would have been included in the bill that affected the one that was passed? Mr. DARDEN. I think it is fair to infer that that would have happened. The cost of this bill is—

Senator DUFF. $20,000.

Mr. DARDEN. The up-to-date cost on that, that was a year ago, was about $23,000, Mr. Chairman. The retroactive feature would be 23. Senator DUFF. Any questions?