1st Session No. 619 REMOVING CERTAIN RESTRICTIONS AND CONDITIONS IMPOSED BY SECTION 2 OF THE ACT OF MAY 27, 1936, ON CERTAIN OF THE LANDS CONVEYED BY SUCH ACT TO THE CITY OF CHARLESTON, S. C. MAY 18, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. RIVERS, from the Committee on Armed Services, submitted the following REPORT [To accompany S. 1219] The Committee on Armed Services, to whom was referred the bill (S. 1219) removing certain restrictions and conditions imposed by section 2 of the act of May 27, 1936, on certain of the lands conveyed by such act to the city of Charleston, S. C.; and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill do pass. The purpose of this bill is to remove certain conditions and restrictions which were imposed by section 2 of the act of May 27, 1936, on a specific tract of land conveyed by that act to the city of Charleston, S. C. EXPLANATION OF THE BILL Subsection 1 (a) of the bill addresses itself to a definite tract of land consisting of approximately 278.92 acres and which previously was conveyed by the act of May 27, 1936, to the city of Charleston. At the time of this conveyance, section 2 of the 1936 act reserved to the United States the right of reentry in case of a national emergency and prevented the reconveyance of the property by the city of Charleston. During World War II this particular piece of property was not recaptured by the Federal Government, and it is not foreseen by the Department of the Army that it will have any possible future use for the property. In the meantime, the city of Charleston has leased the property on a long-term lease to a corporation, which corporation has effected extensive plant construction thereon. This corporation is desirous of expanding its facilities but is reluctant to do so as long as its title to the property remains restricted under the terms of the 2 REMOVE CERTAIN RESTRICTIONS ON LANDS OF CHARLESTON, S. C. 1936 act. It can very properly be argued that inasmuch as the Federal Government did not reenter the property incident to World War II, and that the Department of the Army does not foresee that it will find any possible future use for the property, that these restrictions can very properly be removed at this time. Therefore subsection 1 (a) of the act authorizes and directs a procedure which will accomplish a removal of the restrictions imposed by the act of May 27, 1936, insofar only as they apply to the specific tract referred to in this legislation. Subsection 1 (b) reserves to the United States all easements and rights-of-way which the Secretary of the Army considers to be in the public interest. This provision is necessary because the property lies adjacent to certain federally owned land, and facilities such as water and sewer mains may require retention. Section 2 of the act deals with a small section of property consisting of 1.205 acres which lie along the edge of the tract referred to in subsection 1 (a). This property is not required by the Secretary of the Army. This subsection therefore authorizes the Secretary of the Army to convey the property to the city of Charleston at its fair value, to be paid by the city of Charleston. RECOMMENDATION OF THE DEPARTMENT The National Military Establishment interposes no objection to the enactment of this legislation, as is shown by a letter from Secretary of the Army Royall to the chairman of the Senate Committee on Armed Services, which letter is made a part of this report. Attention is called to the fact that the Secretary's original letter was written in connection with the bill S. 886 and requested certain changes in the text. These changes have been made and are covered in the new bill (S. 1219) which replaces S. 886 and are agreeable to the Secretary of the Army, who is speaking on behalf of the National Military Establishment. Hon. MILLARD E. TYDINGS, Chairman, Committee on Armed Services, DEPARTMENT OF THE ARMY, United States Senate. DEAR SENATOR TYDINGS: Reference is made to your recent request to the Secretary of Defense for the views of the National Military Establishment with respect to S. 886, Eighty-first Congress, a bill authorizing the Secretary of the Army to convey a portion of the Charleston Army base terminal to the City Council of Charleston, S. C., free from the conditions contained in the act of May 27, 1936. The Secretary of Defense has delegated to this Department the responsibility for expressing the views of the National Military Establishment. This Department will interpose no objection to the enactment of S. 886 provided that the bill be modified in certain respects, as recommended on separate paper enclosed. The purpose of this bill is to authorize and direct the Secretary of the Army to execute an instrument of conveyance which would remove all restrictions and conditions, with the exception of those provided in section 2 of the bill, from certain portions of land at the Charleston ordnance depot, South Carolina, known as tract 2, parts 1 and 2, which were included in the conveyance to the City Council of Charleston by deed executed June 15, 1936, by the Assistant Secretary of Commerce, under authority of the act of Congress approved May 27. 1936 (49 Stat. 1387). A brief summary of the background of this bill is enclosed herewith. It does not appear that any expenditure of Federal funds will be involved, other than the expenses which have been or may be incurred in making surveys and appraisals and other administrative actions incident to conveyance of the property. This report has been coordinated among the departments and boards in the National Military Establishment in accordance with procedure prescribed by the Secretary of Defense. Inasmuch as the committee has requested that this report be expedited, it is submitted without advice from the Bureau of the Budget as to whether it is in accord with the program of the President. Sincerely yours, KENNETH C. ROYALL, Secretary of the Army. In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill are shown as follows (existing law repealed is enclosed in brackets): ACT OF MAY 27, 1936 (49 STAT. 1387, CH. 465, PUBLIC LAW 624, 74тH CONG.) Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Commerce is authorized and directed to convey by quitclaim deed to the city of Charleston, South Carolina, that portion of the Charleston Quartermaster Intermediate Depot, including improvements thereon, which was transferred to the United States Shipping Board by Executive Order Numbered 3920 dated November 3, 1923, with the exception of such portion of said land as has been retransferred to the War Department by Executive order, or is now under consideration for retransfer, and also subject to all the rights and privileges now enjoyed by the War Department as specifically set forth in said Executive Order Numbered 3920, or as may hereafter be agreed upon by Secretary of War and the city of Charleston: Provided, however, That the charges for water and electric current furnished the War Department shall not exceed rates prevailing in the city of Charleston and vicinity for such services. [SEC. 2. The deed executed by the Secretary of Commerce shall include a provision prohibiting the city of Charleston from transferring the title to said property to any person, firm, or corporation and shall contain the express condition that in the event of a national emergency the property so conveyed, with all improvements placed thereon, may be taken upon order of the President of the United States for the use of the War Department during the period of such emergency.] REMOVAL OF REQUIREMENT THAT 20 PERCENT OF AVIATORS IN AIR FORCE AND NAVY BE ENLISTED MEN MAY 18, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. DURHAM, from the Committee on Armed Services, submitted the following REPORT To accompany S. 12701 The Committee on Armed Services, to whom was referred the bill (S. 1270) to repeal that part of section 3 of the act of June 24, 1926 (44 Stat. 767), as amended, and that part of section 13a of the act of June 3, 1916 (39 Stat. 166), as amended, relating to the percentage, in time of peace, of enlisted personnel employed in aviation tactical units of the Navy, Marine Corps, and Air Corps, and for other purposes, having considered the same, report favorably thereon with amendments and recommend that the bill do pass. The amendments are as follows: Add a new section 3 as follows: SEC. 3. Nothing in this Act shall be construed as affecting the eligibility of enlisted men of the Regular Army, Navy, Air Force, Marine Corps, or the reserve components thereof, for designation as aviation cadets: Provided, That except in time of war or emergency hereafter declared by the Congress, at least twenty percent of the total number of aviation cadets designated by the Navy and the Air Force respectively during each fiscal year after the date of enactment of this Act shall be designated from among those enlisted men of the Regular Army, Navy, Air Force, or Marine Corps eligible and qualified for such designation: And provided further. That such designations shall be with the consent of such enlisted men. The purpose of the proposed legislation is to repeal paragraph 8 of section 3 of the act of June 24, 1926, which provides that, in time of peace, not less than 20 percent of the total number of pilots employed in aviation tactical units of the Navy and Marine Corps shall be enlisted men, except when the Secretary of the Navy shall determine that it is impracticable to secure that number of enlisted pilots. A similar provision of law, relating to the number of enlisted pilots in the Air Corps, would also be repealed. The proposed bill further provides that the status of enlisted personnel designated as aviation |