AUTHORIZING CERTAIN PERSONNEL AND FORMER PERSONNEL OF THE NAVAL ESTABLISHMENT TO ACCEPT CERTAIN GIFTS AND A FOREIGN DECORATION TENDERED BY FOREIGN GOVERNMENTS

FEBRUARY 7, 1949.-Ordered to be printed

Mr. TYDINGS, from the Committee on Armed Services, submitted the following

REPORT

[To accompany S. 632]

The Committee on Armed Services, to whom was referred the bill (S. 632) to authorize certain personnel and former personnel of the Naval Establishment to accept certain gifts and a foreign decoration tendered by foreign governments, having considered the same, report favorably thereon without amendment and recommend that the bill do pass.

PURPOSE OF THE BILL

The purpose of the bill is to authorize certain personnel and former personnel of the Naval Establishment to accept certain gifts and a foreign decoration heretofore tendered them by foreign governments.

EXPLANATION OF THE BILL

Public Law 314, Eightieth Congress, amends section 1 of the act of July 20, 1942, so as to permit a member or former member of the armed forces to accept and wear "such decorations, orders, medals, and emblems as may be tendered them, and which are conferred by such governments upon members of their own military forces." The Department of the Navy does not interpret this law as permitting the acceptance of certain gifts and awards which have been tendered to naval personnel by foreign governments during the past 15 years. The gifts and awards are presently in the custody of the State Department and require congressional approval for their acceptance.

Section 1 of the bill tabulates the names of 38 officers and 30 enlisted men of the Navy or Marine Corps and authorizes them to

accept "such gifts as have been tendered them by foreign governments as of the date of approval of this Act." The letter of transmittal signed by the Secretary of the Navy and dated January 14, 1949, describes these gifts in general terms; the essential point is that the items are in the nature of "tokens of appreciation" rather than emoluments.

Section 2 of the bill contains authority for three officers of the Navy to accept "such awards as have been tendered them by foreign governments as of date of approval of the Act."

Section 3 authorizes a civilian employee of the Department of the Navy to accept a medal tendered her by Great Britain. A civilian employee does not come within the purview of the act of July 20, 1942, as amended (title 10, U. S. C., sec. 1423a), and this special legislation is necessary on her behalf.

RECOMMENDATIONS OF THE DEPARTMENTS

This bill is recommended by the Department of the Navy, with the approval of the Secretary of Defense. The Bureau of the Budget interposes no objection to the submission of the legislation. The recommendation of the Secretary of the Navy is contained in the letter to the chairman of the Senate Committee on Armed Services under date of January 14, 1949, which letter is made a part of this report. THE SECRETARY OF THE NAVY, Washington, January 14, 1949.

The honorable the CHAIRMAN OF THE COMMITTEE ON ARMED SERVICES,

United States Senate.

DEAR MR. CHAIRMAN: There is transmitted herewith a draft of a proposed bill to authorize certain personnel and former personnel of the Naval Establishment to accept certain gifts and a foreign decoration tendered by foreign governments.

The purpose of the proposed legislation is explained in its title.

The acceptance of gifts from foreign states by persons holding an office of trust or profit under the United States is controlled by article I, section 9, clause 8, of the Federal Constitution, which reads as follows:

"No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."

The Navy Department has interpreted this clause to mean that enlisted men are officers within the purview of this provision and that personnel having any connection with the Navy, including active, inactive, or retired individuals, are also in this category.

At the present time certain gifts and a decoration from foreign nations to personnel of the Naval Establishment are being withheld pending appropriate legislation.

The gifts include a barometer, gold watches, pieces of plate, and cigarette cases awarded naval personnel at various times since 1935. While the reasons for giving three of these presents is unknown, the others are tokens of appreciation, such as those items the Danish Government presented to two naval officers for training Danish personnel at the naval air station, Jacksonville. Fla. The Icelandic Government gave 10 awards for aid to the Icelandic motor vessel Laxfoss. January 10, 1944, when a Navy invasion boat rescued the passengers and crew of that vessel when she was stranded by night off Reykjavik during a severe snowstorm. Prince Saud of the Saudi Arabian Government has presented gifts to various officers and enlisted men of a naval task force recently in Mediterranean waters. These gifts are in keeping with the precedent created by similar gifts to the navies of other countries.

The foreign decoration, the acceptance of which would be authorized by the proposed legislation, is the King's Medal for Service in the Cause of Freedom

awarded by the British Government to Dr. Mina G. Rees, now head of the Mathematics Branch of the Office of Naval Research, Navy Department, for her contributions in the field of mathematical research during World War II.

The gifts and the decoration are at present in the custody of the State Department pending congressional approval for their acceptance.

The proposed legislation would further authorize the award of the Cross of Naval Merit by Peru and two awards of the Order of Naval Merit and Diploma by Brazil.

The enactment of this proposed legislation would result in no cost to the Government.

The Navy Department has been designated by the Office of the Secretary of Defense to sponsor this proposal on behalf of the National Military Establishment and accordingly recommends its enactment.

An identical report has been transmitted to the Speaker of the House of Representatives this date.

The Navy Department has been advised by the Bureau of the Budget that there is no objection to the submission of this proposed legislation.

Sincerely yours;

O

JOHN L. SULLIVAN.