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Senator SYMINGTON. I have no questions, Mr. Chairman.

Senator DUFF. All right, what is the next bill; unless you have some other comments?

Mr. DARDEN. There is one amendment that probably should be considered in executive session, Mr. Chairman.

This bill was introduced in 1953, and the date that it proposed to extend the period was June 30, 1954, and since almost a year has elapsed, if the committee desires to report the bill that probably should be amended so as to give the persons time to submit the new claims. Senator DUFF. All right.

S. 1754

Mr. DARDEN. The third bill, sir, is S. 1754, on page 6 of the committee print.

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(S. 1754 follows:)

[S. 1754, 83d Cong., 1st sess.]

A BILL To amend the Dependents Assistance Act of 1950, as amended, so as to provide punishment for fraudulent acceptance of benefits thereunder

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Dependents Assistance Act of 1950, as amended (64 Stat. 794; 67 Stat. 6), is amended by inserting the following two sections after section 13:

"SEC. 13a. Whoever shall obtain or receive any money, check, allowance, or allotment under this Act, without being entitled thereto and with intent to defraud shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both.

"SEC. 13b. Any person who has been entitled to payment of an allowance or allotment under this Act and whose entitlement to payment of such allowance or allotment has ceased shall, if he thereafter accepts payments of such allowance or allotment with the intent to defraud, be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both."

Mr. DARDEN. This bill was introduced by Chairman Saltonstall at the request of the Department of Justice. The bill was prepared in the Department of Justice and recommended by them.

Its purpose is to amend the Dependents Assistance Act of 1950 so as to provide penal provisions for peresons who fraudently accept benefits under the act.

The World War II authority for allotments and payments to dependents of servicemen contained a penal provision, but in reenacting the authority following the outbreak of the Korean war in 1950, the penal provisions apparently were inadvertently omitted.

The language proposed to be added is substantially the same as that in effect during World War II. The effect of the absence of such a provision is to require the Department of Justice to prosecute frauds under this act under various sections of the penal code that are not specifically designed for this purpose, and they sometimes pose questions of venue and of proof that are difficult and would be obviated by this section.

Senator DUFF. Any questions?

Senator SYMINGTON. Only one, Mr. Chairman.

In looking this bill over, I was wondering why there wasn't anything in it about getting the money back, in other words, why there is no provision for penalty to cover the fraudulent amount. Is that out of the field normally?

Mr. DARDEN. Senator, I am going to have to defer on that to Mr. Baier of the Navy Department, if he happens to know.

Senator SYMINGTON. In other words, the garnisheeing of future wages, for example, which is customary in a fraud case.

Mr. BAIER. My name is William H. Baier, assistant professional assistant, Bureau of Supplies and Accounts, Navy Department.

We can recover under other statutes for fraudulent claims against the Government.

Senator DUFF. No statute of limitations runs against them?
Mr. BAIER. There is a statute of limitations.

Senator DUFF. Under the code is there a statute of limitations?
Mr. BAIER. Yes, sir; I think it is 7 years, sir.

S. 2076

Mr. DARDEN. Mr. Chairman, the next bill on the committee print, we think, is somewhat more complex than some of the others, and with the committee's permission we will skip that one for a moment and come back to it.

The next bill for consideration is S. 2076, which appears on page 13 of the print.

(S. 2076 follows:)

[S. 2076, 83d Cong., 1st sess.]

A BILL To amend Public Law 472, Eighty-first Congress, approved April 11, 1950, entitled "An Act to promote the national defense and to contribute to more effective aeronautical research by authorizing professional personnel of the National Advisory Committee for Aeronautics to attend accredited graduate schools for research and study

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6 of Public Law 472, Eighty-first Congress, is amended to read: "The total of the sums expended pursuant to this Act, including all sums expended for the payment of salaries or compensation to employees on leave, shall not exceed $100,000 in any fiscal year."

Mr. DARDEN. This bill was introduced by Chairman Saltonstall at the request of the National Advisory Committee for Aeronautics. The purpose of the bill is to increase from $50,000 to $100,000 the authorization available to the National Advisory Committee for Aeronautics, for keeping its employees in a pay status while they attend graduate school in connection with the professional work for the National Advisory Committee for Aeronautics.

The basic authority available to the NACA was reported by this committee in the 81st Congress and subsequently became Public Law 472 of the 81st Congress.

As introduced, the bill contained no limitation on the authorization. available for this purpose, but this committee amended its order so as to provide a maximum of $50,000 annually.

The safeguards in connection with this authority are that apparently the study is carefully supervised by NACA officials, and they approve the courses of study in advance.

In addition to this, employees who receive such leave for periods less than 3 months must agree to return to NACA employment for 6 months, and those who receive leave with pay in excess of 3 months must agree to return to the NACA employment for at least 1 year, or to reimburse the Government for the time they were on leave with pay while attending school.

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The purpose of the bill is to keep the NACA professional employees abreast of new developments in the aeronautical research field.

One point the staff has been advised in informal conferences is that an enactment of this authorization would not generate new appropriations requests against the increased authorization.

Senator DUFF. That is what I was going to ask you.

Mr. DARDEN. But that the new authorization would be utilized by absorbing appropriations already available for the purpose. Senator DUFF. Any questions?

Senator SYMINGTON. Mr. Chairman, I don't quite understand the necessity for this bill. You would have budget control anyway, year to year, wouldn't you, through the budget? If you needed more money you would have to apply for it.

I see Mr. Victory back there, and I suppose he is interested in it. John, what is the angle on it? Why do you need this?

STATEMENT OF JOHN F. VICTORY, DIRECTOR, NATIONAL ADVISORY COMMITTEE FOR AERONAUTICS

Mr. VICTORY. Senator, we have found this a very useful piece of legislation. The $50,000 limitation is merely a limitation on the amount of good we can get.

Senator SYMINGTON. What this is, is an increase of from fifty to a hundred; is that it?

Mr. VICTORY. That is all it is, sir. We have spread it very thinly over a period of years. Three hundred and forty-one employees have had only an aggregate of 28 man-years.

Senator DUFF. This is an increased amount to take care of this policy you have adopted?

Mr. VICTORY. That is right.

Senator SYMINGTON. Which has to come out of your overall budget on any basis; is that right?

Mr. VICTORY. Yes, sir.

Senator SYMINGTON. I have no further questions.

S. 2247

Mr. DARDEN. The next bill, sir, is S. 2247, on page 15 of the committee print.

(S. 2247 is as follows:)

[S. 2247, 83d Cong., 1st sess.]

A BILL To authorize certain members of the Armed Forces to accept and wear decorations of certain foreign nations

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, subject to such regulations as may be prescribed by the Secretaries of the Army, Navy, and Air Force, members and former members of the Armed Forces of the United States holding any office of profit or trust under the United States who have served, subsequent to June 26, 1950, in Korea and such of the waters or lands adjacent thereto as may be designated as combat zones or areas by the respective Secretaries, are authorized, during the period of hostilities in Korea in which the United States is engaged, and for one 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. 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.

This act was approved July 25, 1947, which established the date of repeal of the authority to accept foreign awards as July 24, 1948.

Decorations are currently being tendered by a number of Allied Governments, except Great Britain, to United States military personnel for their outstanding contributions to the United States military efforts in Korea. Decoraions of the British Empire are awarded in the name of the Queen and must be assured of acceptance. In view of our laws and regulations, no awards have been tendered. However, the British Government is most desirous of making awards. The delay in the acceptance of such decorations as imposed by our constitutional limitations is not fully understood by foreign governments and is often misconstrued by them. Enactment of this legislation would eliminate that delay in connection with such foreign decorations awarded for service in the Korean area and would represent an important morale factor.

H. R. 5509

Senator DUFF. Will you proceed with the next?

Mr. DARDEN. The next bill in the committee print, Mr. Chairman, with your permission we will come back to and skip now to page 19, H. R. 5509.

Senator DUFF. All right.

(H. R. 5509 follows:)

[H. R. 5509, 83d Cong., 1st sess.]

AN ACT To amend the Army-Navy Medical Services Corps Act of 1947 relating to the per centum of colonels in the Medical Service Corps, Regular Army

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Army-Navy Medical Services Corps Act of 1947 (61 Stat. 734), as amended, is hereby amended by deleting the proviso to section 101 and substituting a period for the colon immediately preceding such proviso.

Passed the House of Representatives July 20, 1953.
Attest:

LYLE O. SNADER, Clerk.

Mr. DARDEN. The purpose of this bill is to repeal section 101 of the Army-Navy Medical Services Corps Act of 1947 which imposes a limitation of 2 percent of the authorized Regular Army strength of the Medical Service Corps on the number of colonels who can serve in that corps.

The Medical Service Corps was approved in 1947, and the bill as recommended by the Department of Defense at that time contained this limitation of 2 percent.

The 2-percent limitation contrasts with the 8-percent limitation that is applicable to all other Medical Corps of the Army, so the result of its imposition and continuance in law is that members of the Medical Services, Medical Service Corps, do not have equality of opportunity for promotion.

The limitation was recommended by the Department of Defense on the basis of the number of positions in the table of organization in existence at that time that justified officers in the permanent grade of colonel.

Since that time, the Department apparently has expanded its utilization of Medical Service Corps officers in an attempt to relieve medical and dental officers of managerial and administrative duties so that they might devote their time to their professional duties, and that has been a frequent complaint to the committee.

Senator DUFF. This is just a realistic adjustment to the number in the corps; is that it? Mr. DARDEN. I think that is true; yes, sir.

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