Act, 1936, as amended, relating to the acqui- it is necessary to amend the law to make sition of tankers. The communication and statement presented by Mr. POTTER are as follows: THE SECRETARY OF COMMERCE, Hon. RICHARD M. NIXON, United States Senate, Washington, D. C. DEAR MR. PRESIDENT: There are transmitted herewith a draft and explanatory statement of the purpose and provisions of a bill designed to create a ready reserve of usable tankers, and at the same time stimulate the construction of new, faster, and more efficient tanker tonnage. The purpose and provisions of the proposed legislation are set forth in detail in the accompanying explanatory statement. I strongly urge enactment of the measure prior to the adjournment of the present session of Congress. We have been advised by the Bureau of the Budget that the proposed legislation is in accord with the program of the President. Sincerely yours, SINCLAIR WEEKS, STATEMENT OF PURPOSE AND PROVISIONS OF Recent comprehensive studies made of petroleum needs for the United States and the free world have concluded that one of the most serious risks to the national security, in the event of grave national emergency, stems from the prospective shortage of tankers. The same studies conclude that since there is no reasonable prospect of normal commercial activity providing the number of tankers needed in the initial phases of a future full mobilization, the Government should create and maintain a reserve of usable tankers to avoid a serious curtailment of military operations and a crippling of essential civilian activities. Further, the studies indicate the need for a large tanker construction program immediately upon full mobilization. Thus, there is a clear national defense requirement for a tanker shipbuilding industry base capable of expansion to meet such program. The new tankers which would be constructed must meet military requirements even though this would require a speed in excess of that required for commercial use. The accompanying draft bill is designed to create a reserve of tankers, and to promote the construction of tankers in line with national defense requirements. The method selected would utilize to the fullest possible extent private resources and would involve the expenditure of Government funds only as may be necessary to acquire tankers for a national defense reserve and to incorporate special defense features in new tankers. Under section 510 of the Merchant Marine Act, 1936, as amended, the Secretary of Commerce is authorized to accept vessels over 12 years of age in exchange for an allowance of credit in the construction of a new vessel. The amount of such allowance under the law is the fair and reasonable value of the vessel as determined by the Secretary of Commerce after consideration of the scrap value, the depreciated value (based on a 20-year life) and the market value of the traded-in vessel. Since the major part of the present privately owned tanker fleet consists of vessels constructed during World War II, they are not 12 years old, and hence are ineligible for turn-in under existing law. in order to establish the defense reserve of tankers, these vessels eligible for turn-in. It is rec- Since the allowance for such turned-in Unless new contracts for the construction of oceangoing vessels are forthcoming, shipyards in this country will be without sufficient merchant ship constuction contracts to assure maintenance of a shipbuilding base capable of expansion to meet the needs of mobilization. In view of the critical importance of this matter, it is urged the Congress give it favorable consideration at the earliest possible time. I urge enactment of the proposed legislation at this session of Congress. REVISION OF CERTAIN LAWS RE- Mr. SALTONSTALL. Mr. President, I ask that the accompanying letter of transmittal explaining the purpose of the bill, together with a sectional analysis of the bill, be printed in the RECORD immediately following the listing of the bill introduced. The PRESIDENT pro tempore. The bill will be received and appropriately referred; and, without objection, the letter and analysis will be printed in the RECORD, as requested by the Senator from Massachusetts. The bill (S. 2410) to revise certain The letter and analysis accompanying Washington, D. C., July 15, 1953. Services, United States Senate. This proposal is a part of the Department of Defense legislative program for 1953. The Bureau of the Budget has advised that there is no objection to the submission of the proposal for the consideration of the Congress. The Department of Defense recommends that it be enacted by the Congress. PURPOSE OF THE LEGISLATION The purpose of this legislation is to provide a statutory career plan for warrant officers of the Armed Forces similar to that provided for commissioned officers. Each of the several services has, of course, a warrant officer program, including grade structures, programs of procurement, and systems of promotion or advancement and retirement. Although the administration of these programs is similar in some respects, differences in existing statutes preclude uniformity in certain areas where uniformity is desirable. There are also areas where an equitable administration of the warrant officer programs cannot be effectively accomplished as a result of the application of statutes enacted prior to the Career Compensation Act of 1949. There is a very definite need for the early enactment of legislation ! to enable the services properly to administer 'the warrant officer programs already in being. The major purposes of this proposal are: (1) To provide a uniform grade structure in all the armed services; (2) to provide a legal relationship between warrant officer grades and pay grades; (3) to provide a uniform method of distributing warrant officers in the various grades and pay grades; (4) to eliminate statutory differences in the requirements for the appointment of warrant officers; (5) to eliminate inequities in requirements for the promotion of warrant officers; (6) to provide uniform competitive promotion systems for warrant officers; (7) to provide a uniform status for warrant officers who hold appointments as temporary officers; (8) to equalize the authority to appoint temporary warrant officers among the armed services; (9) to provide a uniform system of attrition for warrant officers, including age requirements, probationary periods, and elimination of unfit personnel; (10) to provide severance pay for warrant officers; and (11) to revise and bring up to date existing statutes in order to provide flexibility, equality, and uniformity in the administration of warrant officer programs. It should be noted that one basic difference between the warrant-officer systems of the Navy, Marine Corps, and Coast Guard on the one hand and the Army and Air Force on the other would be continued in this bill. Under existing law the three former services have commissioned warrant officers while the latter two do not. The Army and Air Force consider that it would be an administrative handicap to change to commissions for the top three warrant-officer grades and desire to continue their present system of issuing warrants for all grades of warrant officers. On the other hand, it would adversely affect the morale of Navy, Marine Corps, and Coast Guard personnel to take away commissions already held by them. Since no inequities would result from continuation of this difference, the services would be permitted under the proposed legislation to continue their present systems in this respect. LEGISLATIVE REFERENCES H. R. 2942, 82d Congress, was a bill the purpose of which was to assign warrant officers, chief warrant officers, and commissioned warrant officers to the various pay grades prescribed by subsection (a) of section 201 of the Career Compensation Act of 1949 and to prescribe qualifications requisite for attaining such grades. However, it is believed that the inclosed proposal provides a more complete solution to the problem of establishing a comprehensive career program for warrant officers. COST AND BUDGET DATA This proposal would cause no increase in budgetary requirements for the Department of Defense. DEPARTMENT OF DEFENSE ACTION AGENCY The Office of the Secretary of Defense is the representative of the Department of Defense for this legislation. Sincerely yours, JOHN G. ADAMS, Acting General Counsel. SECTIONAL ANALYSIS OF A BILL TO REVISE CERTAIN LAWS RELATING TO WARRANT OFFICERS OF THE ARMY, NAVY, AIR FORCE, MARINE CORPS, AND COAST GUARD, AND FOR OTHER PURPOSES Section 1 provides for a short title. Section 2 defines certain terms for the purposes of the act. Section 3 (a) establishes 4 grades of warrant officers for each service, corresponding to the pay grades already prescribed for warrant officers by section 201 (a) of the Career Compensation Act of 1949. There will be 3 chief warrant officer grades and 1 warrant officer grade. The section further provides that an officer of any one grade shall have precedence over all warrant officers of a lower grade. Section 3 (b) provides that the appointment of a permanent warrant officer to a higher temporary warrant or commissioned officer grade shall not operate to vacate his permanent warrant officer grade or prejudice any of the rights to which he is entitled by virtue of being in that permanent grade. Section 4 (a) provides for the distribution and redistribution of warrant officers, which will be a necessity as a consequence of enactment of the law. Persons serving as warrant officers on the effective date of this act, and warrant officers who have previously been retired or placed on a temporary disability retired list, will be automatically redesignated on the effective date of the act in the grades established under section 3 of the act. The redistribution of warrant officers must be accomplished within 2 months after the effective date of the act. The section further insures that, in the distribution and redistribution, each warrant officer will be protected against being placed in a lower warrant officer grade than the pay grade to which his status entitled him on the day before the effective date of the act. Section 4 (b) provides for the service which shall be credited to the warrant officer for promotion purposes in the redistribution under section 4 (a). Section 5 (a) provides for the appointment of warrant officers. All appointments may be made by the Secretary, except those to a permanent warrant officer grade in the regular service which is accomplished by a commission. These are to be made by the President, by and with the advice and consent of the Senate. Section 5 (b) authorizes the granting of service credit for prior service to future appointees. Section 6 authorizes the termination by the Secretary of the appointment of a warrant officer at any time within 3 years after the date of acceptance of his initial appointment as a warrant officer. A warrant officer whose appointment is so terminated is not entitled to severance pay but may be allowed to enlist in a grade as the Secretary may direct but not lower than the grade held immediately prior to appointment as warrant officer. Section 7 provides generally for the promotion of permanent warrant officers to higher permanent grades. Section 8 provides that the promotion of permanent warrant officers shall be by selection board and that such board shall be convened at least once annually. Section 9 (a) provides that warrant officers shall be considered by a selection board sufficiently in advance of the date they will complete the stipulated period of service in grade that they may, if selected, be promoted as of the time they complete such service. The stipulated period of service is as follows: Warrant officer W-1, 3 years; chief warrant officer, W-2, and W-3, 6 years. Section 9 (b) provides that if a warrant officer fails to be selected he shall be considered for promotion by each later selection board until retired, separated, or selected. Section 10 (a) provides that the Secretary shall furnish the selection board with the names of all permanent warrant officers eligible for consideration for promotion. In selecting officers for promotion from grade W-1 to grade W-2 the board shall select all officers it considers fully qualified for promotion. It is required also to report the names of those warrant officers, W-1, whom it recommends for termination of their appointment under section 6 of this act. In the case of chief warrant officers W-2 and W-3, the board shall select for promotion to the next higher warrant officer grade those officers whom it considers best fitted for promotion, in numbers not exceeding a number furnished the board by the Secretary. The number prescribed by the Secretaries for each grade must be not less than 80 percent of the number of warrant officers who are eligible for consideration for a promotion for the first time. The board may also report the names of those chief warrant officers whose records, in its opinion, indicate there is unsatisfactory performance of duty in their present grade and indicate that they would not satisfactorily perform the duties of a higher grade. Such officers must be retired or severed, under section 15 of the act. Section 10 (b) provides that the names of warrant officers selected shall be reported to the Secretary in the order of their seniority in permanent grade, for his approval or disapproval. Section 10 (c) provides that if the promotion of a warrant officer who has been selected is disapproved by the Secretary, President, or Senate prior to such promotion his name shall be removed from the list and his case shall be governed by section 11 (c) of the act. Section 11 provides for the determination of the date of appointment of a warrant officer who is promoted. Such specification of effective date prevents the administrative processes of promotion from penalizing the warrant officers being promoted insofar as precedence is concerned. Section 12 provides that no warrant officer shall be appointed to a higher grade if he fails to meet the moral and professional qualifications prescribed by the Secretary under section 7 within the prescribed time limits. Such a warrant officer would be treated in the same manner as if he had twice failed of selection for promotion. Section 13 provides for the separation or retirement of those warrant officers who have twice failed of selection for promotion. Those who have completed less than 18 years of service are to be separated. Those who have completed 18 but less than 20 years of service are to be retained in active service and retired upon the completion of 20 years' service. Those who have completed 20 or more years of service are to be retired. Section 14 (a) authorizes voluntary retirement upon the completion of 20 years of active service. Section 14 (b) provides for mandatory retirement of any permanent regular warrant officer who has completed 20 years' active service upon the attainment of age 60 and provides further that upon the completion of 30 years' active service any permanent regular warrant officer may, with his consent, be continued on active service but not beyond age 60. Provision is also made for the mandatory retirement of any woman permanent regular warrant officer who has completed 20 years' active service upon the attainment of age 55. This subsection also provides for the deferment of the retirement of any present male permanent regular warrant officer who at age 60 has less than 20 years' active service. Such deferment is not authorized beyond 60 days after the officer's 64th birthday for Army and Air Force officers or 62d birthday for Navy, Marine Corps, or Coast Guard officers. Provision is made for the deferment of retirement of a present woman permanent regular warrant officer who has less than 20 years' active service before attaining age 55 but such deferment is not to extend beyond 60 days after her 60th birthday. These latter special provisions are designed to provide for a few persons who are now warrant officers and will not be able to complete 20 years of active service before attaining the new age limits provided in this bill. Section 14 (c) provides, subject to the exceptions noted in section 14 (b), for the retirement or separation of a male warrant officer within 60 days after he reaches the age of 60 and of a woman warrant officer within 60 days after she reaches the age of 55. Section 14 (d) provides for retirement in the grade which the warrant officer held on the day before the date of his retirement or in any higher warrant officer grade in which he served satisfactorily on active duty. This section also provides the formula for the computation of retired pay. Section 14 (e) provides for the deferment of retirement or separation of a warrant officer for a maximum of 4 months if such deferment is necessary for a proper evaluation of the person's physical condition and possible entitlement to disability benefits. Section 14 (f) provides that this section shall not prevent any warrant officer from electing to be placed on the retired list in the highest grade and with the highest retired pay to which he might be entitled under any other law. When the rate of pay of such highest grade is less than the pay of any warrant grade held on active duty, the retired pay is based on the higher rate of pay. Section 15 provides for the elimination of any unfit or unsatisfactory permanent warrant officer of the Regular service. Upon the determination that a warrant officer is unsatisfactory or unfit, he shall be retired, or if not eligible for retirement under any provision of law, his appointment shall be terminated and he shall be separated, with severance pay if he has completed 3 years or more of service since his initial appointment as a warrant officer. In lieu of receiving severance pay he may be enlisted. If he has completed less than 3 years of service, he is governed by section 6 of this act. Section 16 provides the method of computation of severance payments. Section 17 (a) is designed to provide for the appointment as permanent warrant officers of those former warrant officers of the Army or Air Force who were discharged to accept appointments as temporary commissioned officers and those non-Regular commissioned officers now holding letters of entitlement to appointment as permanent warrant officers of the Army or Air Force. Section 17 (b) will prevent the future appointment of permanent warrant officers of the Regular service to a commissioned status in one of the Reserve components but will permit their appointment to a temporary commissioned officer status. Section 17 (c) provides that any person who refuses a tender of appointment under this section shall no longer be entitled to a permanent warrant officer grade. Section 18 authorizes the President, in time of war or national emergency, to suspend the operation of all or any part of the laws pertaining to promotion, mandatory retirement, or separation of warrant officers. Section 19 (a): This amendment removes warrant officers from provisions of Revised Statutes 1505, as amended, in order to avoid conflict with this act. Section 19 (b): The purpose of section 1 of the act of July 14, 1939 (c. 267, 53 Stat. 1001; 10 U. S. C. 598, 631a) was to afford enlisted men and warrant officers of the Regular Army who served on active duty as a Reserve officer or who were discharged to accept a temporary commission, the right to be reappointed as warrant officers or to be reenlisted in their former grades upon honorable termination of their commissioned service. The proposed amendment is designed to limit the future applicability of that privilege to former enlisted men only (of the Regular Army and Regular Air Force), since the proposed act (sec. 3 (b)) would authorize a warrant officer of the Army or Air Force to hold a higher temporary grade without termination of his warrant officer status and since it also authorizes (sec. 17) the appointment as permanent warrant officers of the regular services of those persons presently entitled, under the 1939 act, to such an appointment, without loss of their commissioned officer status. Section 19 (c): The amendment to section 2 of the act of August 21, 1941 (55 Stat. 652; 10 U. S. C. 591) eliminates from that section the provisions relating to the grades of warrant officer (junior grade) and chief warrant officer, since four new grades are to be established by section 3 of the act. Also eliminated from that section would be the limitation (in the Army and Air Force) on distribution in grade and the requirement that upon appointment to the grade of chief warrant officer, a person must have 10 years' active service. Section 9 of the act would establish new service in grade criteria and the selection procedure under section 10 would result in distribution in grade inconsistent with the limitation imposed by the 1941 act. Further, the authority of the Secretary to terminate permanent warrant officer appointments has been eliminated since it is contemplated that except as otherwise specifically provided in the act, this authority should be exercised within the first 3 years following initial appointment (sec. 5). His authority to terminate the permanent appointment of warrant officers of the Women's Army Corps (sec. 105 (b)), Women's Armed Services Integration Act of 1948 (62 Stat. 360; 10 U. S. C. 591-1 (b)) has not been listed for repeal since it is believed that such authority should be retained to provide for the separation of warrant officers of that corps who become pregnant. Section 19 (d): This amendment is designed to amend section 3 of the act of August 21, 1941, supra, to provide the Army and Air Force with equal authority with the Navy to appoint temporary warrant officers, and to eliminate the authority of the Secretary to designate certain warrant officers who may draw higher pay, which is believed unnecessary in view of the distribution of warrant officers into pay grades pursuant to section 201 of the Career Compensation Act of 1949 (63 Stat. 805; 37 U. S. C. 232). Section 19 (e): This amendment to section 4 of the Act of August 21, 1941, supra, is designed to require that rank and precedence among warrant officers (of the Army and Air Force) be in accordance with the grades to be established by section 3 of the act rather than solely in accordance with regulations. Section 19 (f): Section 5 of the act of August 21, 1941, supra, is to be amended by deleting the provisions relating to the retirement and retired pay of warrant officers (of the Regular Army and Regular Air Force) after 20 years' service, since their retirement is to be encompassed by section 14 of the act. Section 19 (g): The part deleted provides for the establishment in the Marine Corps of the grades of commissioned warrant officer and warrant officer and is superseded by the establishment in this act of new war- requires all warrant officers to be retired at rant officer grades. age 60. Section 19 (h): This amendment removes conflict in the statutory age retirements of commissioned warrant officers of the Coast Guard. Section 20 (a): Repealed acts authorize the apointment of boatswains, gunners, carpenters, and sailmakers and provide that they shall be known and entered upon the Naval Register as "warrant officers in the naval service of the United States." Repeal is desirable because this act would provide new grades and names. Section 20 (b): Repealed section provides for appointment of pharmacists and for their status after appointment by regulation of the Secretary. Repeal is desirable because, under this act, appointments will be made henceforth to one of the grades established by the act. Section 20 (c): Section 12 provides for promotion of warrant officers and sets up service and examination requirements which are superseded by this act. Sections 14 and 15 provide for appointment and examination for promotion of machinists, which provisions are superseded by this act. Section 20 (d): Repealed section provides for the promotion of machinists and certain other warrant officers. The provisions of the section are superseded by this act. Section 20 (e): Repealed section provides for appointment and promotion of pay clerks. The provisions of the section are superseded by this act. Section 20 (f): Repealed section provides for the appointment and promotion of pharmacists. The provisions of the section are superseded by this act. Section 20 (g): Repealed section establishes grades of chief electrician and chief radio electrician, which grades are replaced by the grades established by this act. Section 20 (h): Repealed section requires examination by board of commissioned officers before promotion from warrant to chief warrant officer. Section is superseded by this act. Section 20 (1): Section 1 of the act of August 21, 1941, supra, should be repealed since it established the two presently existing grades of warrant officers (of the Army and Air Force), warrant officer (junior grade) and chief warrant officer, which under section 3 of the act, are to be replaced by four new grades. Section 20 (1): Repealed section establishes commissioned warrant grades of chief ship's clerk, chief aerographer, chief photographer, chief torpedoman, and corresponding warrant officer grades, all of which are replaced by the grades established by this act. Section 20 (k): Repealed section provides for Marine Corps warrant officers to be entered upon the Naval Register as "commissioned warrant officers" and "warrant officers." Repeal is desirable, because this act would provide new grades and names. Section 20 (1): Repeal act provides for counting all active service under a temporary or permanent appointment as a warrant officer or commissioned officer of the Navy or Naval Reserve in the computation of a 6-year period of service required for eligibility for promotion from warrant to commissioned warrant officer. Act is superseded by provi sions of this act. Section 20 (m): Repealed section requires 6 years of services as warrant officer before promotion to commissioned warrant officer. Section is superseded by provisions of this act. Section 20 (n): Repealed section provides for distribution of warrant officers in the various pay grades by the secretaries. Repeal eliminates conflict with this act. Section 20 (o): Provides for the repeal of six sections of title 14-the Coast Guard title of the United States Code. Repealed section 303 requires retirement of Coast Guard warrant officers at age 62 and is superseded by the provision of this act which Repealed section 304 provides for voluntary retirement of Coast Guard warrant officers after 30 years' service, and is superseded, though not materially changed, by the retirement provisions of this act. Repealed section 305 provides for voluntary retirement of warrant officers of the Coast Guard, Navy, or Marine Corps after 20 years' service, and is superseded, though not materially changed, by the retirement provisions of this act. Repealed section 307 provides for the compulsory retirement of certain warrant officers upon the recommendation of a Coast Guard personnel board, and is superseded by the retirement provisions of this act. Repealed section 308 is complementary to section 307 in that it provides for the retired pay of the warrant officers retired under secton 307; it is superseded by the provisions of this act. Repealed section 313 is complementary to sections 303, 304, 305, and 307, and their repeal makes it obsolete. Section 21 (a): This section is to prevent this act from affecting certain benefits granted by law to Coast Guard warrant officers who were formerly members of the Life Saving Service, the Lighthouse Service, the Bureau of Marine Inspection and Navigation, and the Bureau of Customs. Section 21 (b): This savings clause is designed to insure that service as headquarters clerks or members of the Army Mine Planter Service will be counted for retirement purposes. Section 21 (c): As provided in the Uniform Retirement Act this provision makes the effective date of retirement the first day of the month following the month in which the retirement would otherwise be effective but the computation of the rate of retired pay remains unaffected. Section 22: This section provides for the effective date of this act. CLARIFICATION AND STRENGTHENING OF EXISTING AUTHORITY TO ORDER CERTAIN PERSONS TO ACTIVE DUTY Mr. SALTONSTALL. Mr. President, by request, I introduce for appropriate reference a bill recommended by the Department of Defense, to clarify and strengthen the existing authority to order to active duty persons who have obligated periods of active duty, and for other purposes. I ask that the accompanying letter of transmittal explaining the purpose of the bill be printed in the RECORD immediately following the listing of the bill introduced. The PRESIDENT pro tempore. The bill will be received and appropriately referred; and, without objection, the letter will be printed in the RECORD. The bill (S. 2418) to clarify and strengthen the existing authority to order to active duty persons who have obligated periods of active duty, and for other purposes, introduced by Mr. SALTONSTALL (by request), was received, read twice by its title, and referred to the Committee on Armed Services. The letter accompanying Senate bill 2418 is as follows: OFFICE OF THE SECRETARY OF DEFENSE, Chairman, Committee on Armed Services, DEAR MR. CHAIRMAN: Inclosed herewith is a draft of proposed legislation, "To clarify and strengthen the existing authority to order to active duty persons who have obligated periods of active duty, and for other purposes" which the Department of Defense recommends be enacted by the Congress. Section 6 (d) (1) of the Universal Military Training and Service Act, as amended, authorizes certain classes of officer candidates to be deferred from induction if, among other things, they agree to accept a commission and to serve on active duty for a period of not less than 2 years (or not less than 3 years in the case of a subsidized student). The largest group of these officer candidates are Reserve Officer Training Corps students. Under various other officer procurement programs of the Armed Forces, persons who enter such programs are required to agree to serve for a stated period of service upon being commissioned or otherwise completing their course of training. It was the clear intent of Congress in enacting the Selective Service Act of 1948 and the 1951 amendments to the Universal Military Training and Service Act, that persons who entered officer procurement and similar specialized training programs and thus avoided or postponed liability for induction should be required, upon the completion of their training, to serve on active duty for a period which is at least equal to the period of induction. Such a requirement is essential to provide an equitable and democratic system of required service in the Armed Forces. The Department of Defense has strictly adhered to this principle by requiring active duty agreements from all draft eligibles entering procurement programs. Prior to the expiration of the authority to order members of the Reserve components to active duty without their consent pursuant to section 21 of the Universal Military Training and Service Act, as amended, on July 1, 1953, clear and adequate authority to en-. force such agreements to serve was available to the Armed Forces. At the present time, however, the authority to order members of the Reserve components to active duty is limited to those who consent thereto. Although the Department of Defense believes that the agreements above referred to are a sufficient indication of consent to authorize such persons to be ordered to active duty in accordance with their agreements, there is a possibility, remote but nevertheless present, that doubts or litigation on the subject might arise at some later date. To avoid this possibility and to make crystal clear the obligation of these individuals to enter on active duty, the Department of Defense recommends enactment of the inclosed legislation. Sincerely yours, JOHN G. ADAMS, Acting General Counsel. APPOINTMENT OF ADDITIONAL COMMISSIONED OFFICERS IN THE REGULAR ARMY Mr. SALTONSTALL. Mr. President, by request of the Department of Defense, I introduce for appropriate reference a bill to provide for the transfer from the Reserve components to the Regular Army of additional commissioned officers in the grades of lieutenant, captain, and major. I ask that the letter of transmittal accompanying the proposed bill, which explains the purpose of the bill, be printed in the RECORD immediately following the listing of the bill. I realize that it is so late in the session that it will probably be impossible to conduct hearings on this particular bill, but I feel that it should be introduced at this time so that the hundreds of highly qualified Reserve officers who have performed such invaluable service since the Korean emergency, and who may wish to consider ultimate transfer to the Regular components, may have ample opportunity to examine the provisions of this bill during the recess of the Congress. The PRESIDENT pro tempore. The bill will be received and appropriately referred; and, without objection, the letter will be printed in the RECORD. The bill (S. 2419) to provide for the appointment of additional commissioned officers in the Regular Army, and for other purposes, introduced by Mr. SALTONSTALL (by request), was received, read twice by its title, and referred to the Committee on Armed Services. The letter accompanying Senate bill 2419 is as follows: OFFICE OF THE SECRETARY OF DEFENSE, WASHINGTON, D. C., July 10, 1953. DEAR MR. CHAIRMAN: There are forwarded herewith a draft of proposed legislation, "to provide for the appointment of additional commissioned officers in the Regular Army, and for other purposes," and a sectional analysis thereof. This proposal is a part of the Department of Defense legislative program for 1953. The Bureau of the Budget has advised that there is no objection to the submission of this proposal for the consideration of the Congress. The Department of Defense recommends that it be enacted by the Congress. PURPOSE OF THE LEGISLATION The purpose of the proposed legislation is to provide authority to the Department of the Army to integrate into the Regular Army highly competent Reserve officers in the grades of second lieutenant, first lieutenant, captain, and major, in accordance with the Regular officer strength established by the Congress. The Officer Personnel Act of 1947 (61 Stat. 795) permits the commissioning of officers in the Regular Army in the grades of second and first lieutenant (other than in certain professional categories), and the Army and Air Force Authorization Act of 1949 (Public Law 604, 81st Cong.) authorizes for the Regular Army 30,600 male and Women's Army Corps officers. There are many fine Reserve officers who are combat-seasoned by reason of Korean service or who have valuable experience gained during the current emergency, but who are ineligible under current authority for Regular Army commissions. The integration into the Regular Army of such officers would be highly beneficial. Not only would the services of these officers be available permanently, but integration also would reward these officers with the security of a Regular Army commission. Since the proposed bill contains no termination date of a Regular Army commission to many for authority to integrate, it offers the goal thousands of Reserve officers who are serv ing on extended active duty at present or who may so serve in the future. The proposed bill parallels the act of December 28, 1945 (59 Stat. 663), although the passage of the Officer Personnel Act of 1947 and certain other legislation indicated that some modifications to the act of 1945 were necessary. Innovations, however, in the pro posed bill require that candidates must have served stipulated periods of active duty and must be serving on extended active duty to qualify for integration. qualify for integration. This is required in order to assure that a candidate for integration have the practical experience expected of a Regular officer of the grade for which he is to be considered and to stimulate volunteers for extended active duty. The proposed bill provides for the recomputation of service creditable for promotion purposes of certain officers appointed in the Regular Army since December 31, 1947, and a readjustment of their position on the permanent promotion list, in order that they may be given fair and equitable consideration in comparison with officers appointed under the act of December 28, 1945 (59 Stat. 663), or under the appointment provisions of this bill. DEPARTMENT OF DEFENSE ACTION AGENCY The Department of the Army has been designated as the representative of the Department of Defense for this legislation. Sincerely yours, JOHN G. ADAMS, Acting General Counsel. SECTIONAL ANALYSIS OF A BILL TO PROVIDE FOR THE APPOINTMENT OF ADDITIONAL COMMISSIONED OFFICERS IN THE REGULAR ARMY, AND FOR OTHER PURPOSES Section 1 provides a short title for the act. Section 2 declares it to be the policy of the Congress that a limited number of persons of demonstrated fitness be appointed commissioned officers of the Regular Army. Section 3 would authorize a commissioned strength of the Regular Army as established by the Congress, exclusive of the Army Nurse Corps, the Women's Medical Specialist Corps, professors of the United States Military Academy, and those specifically pro vided as additional numbers by other law. Section 4 (a) would authorize the President to appoint additional commissioned officers of the Regular Army either under existing provisions of law or under the provisions of this law. (b) Would authorize the President to appoint commissioned officers in the Regular Army who (1) are United States citizens, 21 years of age, and qualified for active military service. (2) are not yet 46 years old. (3) are, at the time of applying, serving as commissioned officers of the Army on extended active duty. (4) have served on extended active duty on and after December 7, 1941 for a period of 120 days or more, in a grade equal to or higher than that in which appointed. (5) have such other qualifications as the Secretary of the Army may prescribe. (c) Defines, for the purpose of determining eligibility for initial appointment and position on the promotion list, "active Federal commissioned service," "constructive commissioned service," "eligibility credit" and "service for promotion purposes." (d) Would provide for the appointment, in the grades of major, captain, first lieutenant, or second lieutenant, of officers who are credited with 14 or more years' service for promotion purposes and not less than 8 years' eligibility credit, 7 or more but less than 14 years' service for promotion purposes and not less than 6 years' eligibility credit, not more than 7 years' service for promotion purposes and not less than 3 years' eligibility credit, and not less than 1 year active Federal commissioned service, respectively. (e) The officers appointed would be placed on promotion lists immediately below the name of the most junior officer of the same grade with the same or next greater periods of service. (f) Would provide that notwithstanding any other provision of the act, graduates of the United States Military Academy may be promoted and appointed second lieutenants in the Regular Army and assigned relative seniority under regulations prescribed by the Secretary of the Army. No former cadet of the United States Military Academy would be appointed so as to be credited with service for promotion purposes greater than that of members of his class whose service has been continuous since graduation. (g) Persons appointed in the grade of second lieutenant would not receive constructive commissioned service in exces of their active Federal commissioned service and could not have attained 27 years of age. (h) Persons appointed in the Medical Corps, Dental Corps, Veterinary Corps, Army Nurse Corps, or Women's Medical Specialist Corps would be given service for promotion purposes only for service performed in the Corps in which appointed and would not receive constructive commissioned service. Section 5 (a) would provide for the recomputation of service creditable for promotion purposes to Regular Army officers appointed subsequent to December 31, 1947 and for appointment to such grade and their placement on the promotion list in such position on the basis of active Federal commissioned service creditable to them under this section. (b) Defines for the purpose of this section the term "active Federal commissioned service." (c) Would provide for the appointment in the grade of captain and first lieutenant of officers credited upon recomputation under this section, with 7 or more but less than 14 years' active Federal commissioned service and 3 or more but less than 7 years' active Federal commissioned service, respectively. (d) Regular Army officers appointed in the Medical Corps, Dental Corps, Veterinary Corps, Army Nurse Corps, and Women's Medical Specialist Corps would for the purposes of this section be credited with active Federal commissioned service for services performed only in the corps in which appointed. (e) No officer would suffer a reduction in grade or service creditable to him for promotion purposes, nor would an officer be appointed to a higher grade under this section except upon recommendation by a selection board to be appointed by the Secretary of the Army. (f) Following such recomputation officers would be placed upon the appropriate promotion list immediately below the name of the most junior officer of the same grade having the same or next greater period of service. (g) This section was added to preclude graduates of the United States Military Academy, who may have prior commissioned service, from receiving credit for promotion purposes that would disturb their present relative position on the various promotion lists and to preclude nongraduates, under any circumstances, from receiving credit for promotion purposes by recomputation so as to be senior to members of their former class. Section 6 would provide that no increased pay or allowances would accrue prior to the effective date of this Act. Section 7 would amend section 514 of the Officer Personnel Act of 1947 (10 U. S. C. 941(a) to provide that any officer appointed in the Regular Army under the cited provisions of law or an officer whose service for promotion purposes would be recomputed under the provisions of this act would receive service credit equal to that provided under law immediately following such appointment or computation increased by the period of active commissioned service subsequent to such computation or appoint ment. Section 8 would provide that if application of this Act be held invalid the validity of the remainder of the act would not be effective thereby. Section 9 would provide that the act would become effective 6 months from the date of its enactment. AMENDMENT OF INTERSTATE COM- to the bill (S. 1461) to amend the Intercerning requests of common carriers for state Commerce Act, as amended, conincreased transportation rates, which was ordered to lie on the table and to be printed. HOUSE BILLS REFERRED OR PLACED ON CALENDAR The following bills were read twice by their titles, and referred, or placed on the calendar, as indicated: H. R. 4353. An act to increase farmer participation in ownership and control of the Federal Farm Credit System; to create a Federal Farm Credit Board; to abolish certain offices; to impose a franchise tax upon certain farm credit institutions; and for other purposes; placed on the calendar. H. R. 5740. An act to amend the Federal Food, Drug, and Cosmetic Act, so as to protect the public health and welfare by providing certain authority for factory inspection, and for other purposes; to the Committee on Labor and Public Welfare. OF NOTICE OF CONSIDERATION CERTAIN NOMINATIONS BY FOREIGN RELATIONS COMMITTEE Mr. WILEY. Mr. President, the White House sent to the Senate today the following nominations: Willard L. Beaulac, of Rhode Island, a Foreign Service officer of class of Career Minister, to be Ambassador of the United States to Argentina; James W. Riddleberger, of Virginia, a Foreign Service officer of the class of Career Minister, to be Ambassador of the United States to Yugoslavia; Jesse D. Locker, of Ohio, to be Ambassador of the United States to Liberia. Notice is given that the nominations will be considered by the Committee on Foreign Relations after 6 days have expired, under the committee rule. with a reservation related to professional Navigation with Greece (Ex. J, 82d Cong., 2d activities (art. VII, par. 3); (Ex. Rept. No. 5); A Treaty of Friendship, Commerce, and sess.), with a reservation related to professional activities (art XII, par. 1); (Ex. Rept. No. 5); A Protocol to Treaty of Friendship, Commerce, and Navigation with Finland (Ex. C, 83d Cong., 1st sess.); (Ex. Rept. No. 5); A Treaty of Friendship, Commerce, and Navigation with Germany (Ex. N, 83d Cong., 1st sess.), with a reservation relating to professional activities (art. I, Treaty of 1923); (Ex. Rept. No. 5); and A Treaty of Friendship, Commerce, and Navigation with Japan (Ex. O, 83d Cong., 1st sess.), with a reservation relating to professional activities (art. VIII, par. 2); (Ex. Rept. No. 5). By Mr. HUNT: Article entitled "The Sherman Act on Trial," written by Thurman Arnold, formerly associate justice of the United States Court EXECUTIVE MESSAGES REFERRED of Appeals for the District of Columbia. As in executive session, The PRESIDENT pro tempore laid before the Senate messages from the President of the United States submitting sundry nominations, which were referred to the appropriate committees. (For nominations this day received, see the end of Senate proceedings.) EXECUTIVE REPORTS OF A As in executive session, The following favorable reports were submitted: By Mr. HICKENLOOPER, from the Committee on Foreign Relations: A Treaty of Friendship, Commerce, and Navigation with Israel (Ex. R, 82d Cong., 1st sess.), with a reservation related to professional activities (art. VIII, par. 2); (Ex. Rept. No. 5); A Treaty of Amity and Economic Relations with Ethiopia (Ex. F, 82d Cong., 2d sess.); (Ex. Rept. No. 5); An agreement supplementing Treaty of Friendship, Commerce, and Navigation with Italy (Ex. H, 82d Cong., 2d sess.), with an understanding related to social security (art. VII, par. 1); (Ex. Rept. No. 5); A Treaty of Friendship, Commerce, and Navigation with Denmark, with Protocol Relating Thereto (Ex. I, 82d Cong., 2d sess.), By Mr. POTTER: |