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also to conflict with the Tort Claims Act (28 U. S. C. 1346b, 2671 et seq.). While it may be argued that the multitude of small claims which will probably arise out of the activities of the Corporation might be more expeditiously handled by its own attorneys or by private attorneys retained by the Corporation, it is believed advisable that supervision of all litigation involving the Corporation should be vested in the Attorney General. If it is thought desirable that provision be made for division of the litigation, it is suggested that the most practicable arrangement would be a flexible one in which the division could be agreed upon between the Department of Justice and the Corporation, final decision being left to the Attorney General. This could be accomplished by amending section 22 of the bill to read as follows:
"SEC. 22. All laws or parts of laws, inconsistent with this Act are repealed to the extent of such inconsistency; provided, however, that nothing herein shall be construed to exempt the Corporation, or its operations from the application of section 507 (b) and 2679 of Title 28, United States Code, or of section 367 of the Revised Statutes (5 U. S. C., sec. 316)."
Section 18 of the bill would provide that employees of the Corporation appointed to protect life and property on areas within the jurisdiction of the Corporation, "when designated by the airport manager," shall be authorized to make arrests. It is suggested that the section be amended so that such designations shall be made by the Secretary of Commerce since the bill makes no provision for an office of "airport manager" and such an official title might never be used by the Corporation. Also, the practice seems to be that "special police" are appointed by the head of the agency. See, for example, 40 United States Code 318 (special police for the General Services Administration); the present legislation concerning protection of life and property at the airport (61 Stat. 94); etc.
In view of the provisions in the bill relating to the future acquisition of land, or interests therein, on behalf of the Corporation, it would seem advisable that the Secretary of Commerce be authorized to obtain such jurisdiction over the land, or interests therein, as may be deemed necessary to carry out purposes of the Corporation. It is accordingly suggested that the bill be amended by the addition to section 4 (c), after the matter already suggested for addition to such section on the second page of this letter, of the following sentence: "The Secretary of Commerce may accept or secure, in such cases and at such times as he may deem desirable, from the State in which any lands or interests therein heretofore or hereafter acquired for purposes of the Corporation may be situated, consent to or cession of such jurisdiction, exclusive or partial, not theretofore obtained, in accordance with the provisions of the said section 355 of the Revised Statutes, as amended."
The Bureau of the Budget has advised that there is no objection to the submission of this report.
DEAR MR. CHAIRMAN: Reference is made to your request for the comments of the Department of Defense on S. 3435, a bill to amend the act relating to the administration of the Washington National Airport, to incorporate the Washington National Airport Corporation, and for other purposes. The Secretary of Defense has delegated to this Department the responsibility for presenting the views of the Department of Defense on this legislation.
The purpose of S. 3435 is to form a Government corporation for the operation of the Washington National Airport. The proposed Corporation would have the power necessary to operate, protect, improve, and maintain the airport as a business enterprise and a public service facility.
The Department of Defense concurs generally in this legislation.
The Department of Defense is unable to estimate the fiscal effects of the enactment of this bill.
This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.
The Bureau of the Budget advises that it has no objection to the submission of this report.
The CHAIRMAN. You may proceed, Mr. Ceconi.
STATEMENT OF ELMO J. CECONI, REAL ESTATE DIVISION, OFFICE OF THE ASSISTANT CHIEF OF STAFF FOR INSTALLATIONS, HEADQUARTERS, UNITED STATES AIR FORCE
Mr. CECONI. Mr. Chairman and members of the committee, my name is Elmo J. Ceconi. I am from the Real Estate Division of the Office of the Assistant Chief of Staff for Installations, Headquarters, United States Air Force. I have a prepared statement which I propose to read and then answer any questions that the committee may have.
The Department of the Air Force appreciates the opportunity to appear before this committee to present the views of the Department of Defense on S. 3435, a bill to incorporate the Washington National Airport Corporation.
The Department of Defense has a continuing requirement for the use of facilities at the Washington National Airport by the Military Air Transport Service to support the aircraft used by the President, aircraft carrying high Government officials, and flights requiring the use of Customs and Immigration Services.
In view of the recognized requirements for such use of facilities at the Washington National Airport, an operating agreement was developed between the Administrator of Civil Aeronautics and the Department of the Air Force. The original agreement was effective July 1, 1949; but was superseded by a new agreement dated June 20, 1951. The latter operating agreement was amended on February 8, 1952, and again on September 1, 1953.
This agreement, in effect, provides for conducting necessary military operations, and for the continued use and occupancy of buildings and facilities for the support of the military mission at the Washington National Airport until such time as the requirements for these facilities no longer exist. Pursuant to such operating agreement the Air Force turned over to the CAA certain buildings, as specified in the agreement, and reserved use of portions of certain buildings. With your permission I would like to insert copies of this agreement into the record.
The CHAIRMAN. Without objection it will be made a part of the record.
Mr. CECONI. Thank you, sir.
(The document referred to is as follows:)
Whereas the Administrator of Civil Aeronautics is charged with the maintenance, care and protection of the Washington National Airport; and
Whereas the Department of the Air Force desires to use the airport for certain military operations; and
Whereas it is in the best interests of the Government to have an operating agreement between the Administrator of Civil Aeronautics and the Department of the Air Force for the conduct of such operations at the Washington National Airport by the United States Air Force; and
Whereas the parties hereto have heretofore and on the first day of July 1949 entered into an agreement pertaining to the use of facilities at Washington
National Airport by the United States Air Force and the parties hereto have agreed to cancel said agreement and any and all modifications in connection therewith, as of the effective date of this agreement;
Now, therefore, in consideration of the premises and in consideration of the further agreements herein set forth, it is now agreed by and between the parties hereto that this agreement shall be substituted in place of and instead of such original agreement dated July 1, 1949, and said substituted agreement is as follows:
Accountability for and control of the MATS Passenger Terminal Building (T-1569), the MATS Air Freight Terminal Building (T-1570), the Crash Station (T-1572), and Warehouse (T-1582) were transferred to the Civil Aeronautics Administration on or about July 1, 1949. Concurrent with the above transfer, that portion of the MATS Passenger Terminal Building (T-1569) which is south of the partition that dissects the hallway between the main concourse and the south wing of this building as and will continue to be reserved for the exclusive use of the United States Air Force. This partition runs in a W-NW to E-SE direction and with a double door entrance on the west wall, and is six (6) feet north of the foot of the stairway serving the second floor lounge. The use of the entire lounge area of the second floor of the passenger terminal will similarly be reserved for the exclusive use of the United States Air Force, but will be made available to the Administrator of Civil Aeronautics when conditions permit.
The entire north half (%) of the Air Freight Terminal Building (T-1570) will be reserved for the exclusive use of the United States Air Force.
It is agreed that those structures in the WAC Area of the Washington National Airport (Buildings T-1548, T-1549, T-1550, T-1556, T-1557, and T-1558) may be occupied, will be maintained and will be removed by the United States Air Force at the earliest practicable date, but in no case later than sixty (60) days after the completion of the new 500-man Barracks referred to in Article VIII of this agreement.
The United States Air Force shall have the right to continue the use and occupancy of the Alert Building (T-1577). By Lease Number DA-49-080-ENG179, and extensions thereto, the United States Air Force shall, in accordance with the terms of said lease, have the right to continue the use and occupancy of Hangar No. 11, for the storage and maintenance of aircraft of the President of the United States and other assigned VIP aircraft.
Control of air traffic, ground movement of aircraft, and the assignment or aircraft parking space is under the jurisdiction of the Administrator of Civil Aeronautics. It is agreed, however, that the United States Air Force will be accorded aircraft parking space privileges immediately adjoining and adjacent to those facilities occupied by that agency and in similar proportion to those allotted to lessees of hangars and users of the Airport by the Administrator of Civil Aeronautics.
All military personnel assigned or attached to the United States Air Force activities located at Washington National Airport shall comply with, and all military activity shall be conducted in accordance with, the rules and regulations promulgated by the Administrator of Civil Aeronautics.
The Administrator of Civil Aeronautics agrees, subject to the availability of funds, to maintain and keep in good repair the Air Freight Terminal Building (T-1570) and the Passenger Terminal Building (T-1569), except the interior of those portions of the said buildings which shall be occupied by the United States Air Force pursuant to this agreement; the interior of such portions of said buildings so occupied shall be maintained and kept in good repair, subject to the availability of funds, by the United States Air Force.
The United States Air Force shall furnish any janitor and cleaning service and pay for any public utility service, including but not limited to telephone, radio, telegraph, electric power, natural gas, cooling and heating services, used by it in the said buildings.
The Administrator of Civil Aeronautics agrees to cooperate with the United States Air Force to the fullest extent possible to provide adequate space and facilities for the conduct and operation of all affairs involving protocol.
The United States Air Force shall have the right to continue the use and occupancy of Buildings T-1528, T-1535, T-1536, T-1537, T-1538, T-1539, T-1540, T-1541, T-1542, T-1543, T-1544, T-1545, T-1547, T-1555, T-1564, T-1565, T-1566, T-1576, T-1578, T-1579, T-1581, and T-1590 and T-1591, and the right of ingress thereto and egress therefrom. The United States Air Force is hereby granted the right to erect a permanent type 500-Man Barracks Building on the Airport in the area outlined on the plan attached hereto and made a part hereof as Exhibit “A”, such area being on the hill overlooking the Main Terminal Building on the east, such area being located directly and immediately west of parking area Number 3, such area now being occupied by Barracks Buildings Nos. T-1518 through T-1525 and T-1528 through T-1534.
The United States Air Force shall also have the right, upon completion, to use and occupy this 500-Man Barracks Building with rights of ingress and egress thereto. It is agreed that Buildings T-1519, T-1520, T-1521, T-1522, T-1523, T-1524, T-1525, T-1526, T-1529, T-1531, and T-1532 are to be removed by the United States Air Force prior to construction of the 500-man Barracks. The United States Air Force also agrees to remove, as a condition precedent, Barracks Buildings Nos. T-1503, T-1504, T-1505, T-1506 and T-1508 through T-1517, before proceeding with the construction of the said 500-Man Barracks Building. Further, it is agreed that Buildings T-1518, T-1527, T-1530, T-1531, T-1534, and T-1546 may be occupied, will be maintained and will be removed by the United States Air Force within sixty (60) days after completion of the 500-man permanent barracks. It is further agreed that Buildings T-1578, T-1579, and T-1581 will be removed by the United States Air Force not later than July 1, 1953.
The United States Air Force agrees that it will at its expense maintain the facilities and the area occupied by the facilities and used by the United States Air Force as described in Article II and VIII of this agreement, including roadways and parking areas other than those main thoroughfares now maintained by the Administrator. Further, the United States Air Force shall pay the cost of all utilities used by it and provided by the Administrator including the cost of disposing of the sewage resulting from the operations of the United States Air Force under this agreement.
In demolishing any buildings, any area or areas left unoccupied by new structures, after the old structures have been removed, shall be properly and appropriately graded, top soiled and seeded. A portion thereof may be used for the construction of a parking area for use by the United States Air Force adjacent to the new 500-man Barracks Building.
The Administrator of Civil Aeronautics shall have control over the location and type of construction of the permanent-type 500-man Barracks Building contemplated by this agreement, and any change in its location from the location as indicated on Exhibit "A" attached hereto, as previously referred to herein, shall be made only upon the Administrator's written approval.
In consideration of the rights granted herein to the United States Air Force to use the airport, the United States Air Force agrees to restrict its use of the landing field to aircraft used by the President of the United States, aircraft carrying Very Important Persons and officers above the rank of Major General and Rear Admiral, and maintain the lowest possible level of regularly scheduled flights which cannot for good reason utilize adjacent military landing areas, and flights requiring the use of Customs and Immigration Services.
The Administrator of Civil Aeronautics is privileged to examine, by informal agreement with the local United States Air Force Commander, all pertinent
records with respect to frequency of flights, manifests and similar matters, within the scope of security requirements. Where the Administrator of Civil Aeronautics in the course of his examination of the military flight records, concludes that violations of the intent of this agreement have occurred, suitable representations shall be made to the United States Air Force, and negotiations and conferences shall resolve the matter. The type of Aircraft used for all such flights shall not exceed one hundred and twenty thousand (120,000) pounds gross weight without the express approval of the Airport Director.
The United States Air Force shall furnish to the Airport Director, records of flights operated on the airport. Such reports shall be submitted not later than the 15th day of each month for the preceding calendar month's operations.
The term of this agreement shall extend from July 1, 1951, and shall apply to all facilities herein agreed upon (except the use of Hangar No. 11 as provided for by Article III) until such time as United States Air Force requirements for the subject facilities no longer exist and shall be revocable only by agreement between the Administrator of Civil Aeronautics and the United States Air Force.
It is the express intention of parties hereto that upon the termination of the Air Force requirement for the new 500-man barracks, the control over and accountability for said barracks shall be vested in the Administrator of Civil Aeronautics, without reimbursement to the Department of the Air Force. In the event that the Department of the Air Force cannot, under law existing at the time of such termination, transfer the control over and accountability for said barracks to the Administrator of Civil Aeronautics, the Department of the Air Force agrees that it will sponsor legislation before the Congress authorizing it to make such transfer without requiring reimbursement. Pending the enactment of such legislation, the Department of the Air Force agrees that it will permit the Administrator of Civil Aeronautics temporarily to use said barracks for any purpose it sees fit, and to alter the same in any manner, without recourse or reimbursement.
ADMINISTRATOR OF CIVIL AERONAUTICS.
DEPARTMENT OF THE AIR FORCE.
Whereas the Administrator of Civil Aeronautics and the Department of the Air Force have entered into an operating agreement dated June 20, 1951, relating to the conduct of certain military operations on the Washington National Airport by said Department of the Air Force; and
Whereas the parties to the said operating Agreement desire to amend it in certain particulars;
Now, therefore, in consideration of the promises and in consideration of the further agreements herein set forth, the parties hereto agree as follows:
The operating agreement between the parties hereto, dated June 20, 1951, is hereby amended by the deletion of the last paragraph of Article I thereof and by the substitution of the following paragraph:
"The Link Trailer Room located in the northern half of the Air Freight Terminal Building (T-1570) will be reserved for the exclusive use of the United States Air Force".
All other provisions of the said Operating Agreement dated June 20, 1951, shall remain in full force and effect except as changed by this amendment. Effective February 8, 1952.
This is a certified true copy.
F. B. LEE,
Acting Administrator of Civil Aeronautics. W. T. KEMP, Colonel, USAF, Chief of Staff, Hq Comd, USAF.
W. B. SPRINKLE,