AUTHORIZING THE APPOINTMENT OF COL. KENNETH D. NICHOLS O-17498, PROFESSOR OF THE UNITED STATES MILITARY ACADEMY, IN THE PERMANENT GRADE OF COLONEL, REGULAR ARMY OCTOBER 4, 1949.-Committed to the Committee of the Whole House and ordered to be printed Mr. BROOKS, from the Committee on Armed Services, submitted the following REPORT [To accompany S. 1560] The Committee on Armed Services, to whom was referred the bill (S. 1560), to authorize the appointment of Col. Kenneth D. Nichols 017498, professor of the United States Military Academy, in the permanent grade of colonel, Regular Army, and for other purposes, having considered the same, report favorably thereon without amendment and recommend that the bill S. 1560 do pass. PURPOSE OF THE BILL The purpose of this bill is to authorize the President, by and with the advice and consent of the Senate, to place Maj. Gen. Kenneth D. Nichols 017498 (colonel, professor at the United States Military Academy) on the Army promotion list of the Regular Army in the same position he would have occupied had he remained on the Army promotion list and had been selected for promotion to the grade of colonel at the time his contemporaries were selected. EXPLANATION OF THE BILL During the war General Nichols served as assistant to Lt. Gen. Leslie R. Groves in connection with the atomic-energy program and reached the grade of temporary brigadier general. Following the end of the war he was relieved of his assignment in February 1947 and was appointed professor of mechanics at the United States Military Academy. Upon his appointment as a professor he was removed from the promotion list of the Regular Army and served in the grade of lieutenant colonel and colonel, as provided by law for those holding professorships at the United States Military Academy. Upon the retirement of General Groves, Nichols was placed in charge of the Army's atomic energy program with assignment as Chief of the Armed Forces Special Weapons project and the additional duty as senior Army member of the military liaison committee to the Atomic Energy Commission, which position he now holds with the temporary grade of a major general. He is still a colonel in the Regular Army by virtue of his appointment as a professor at the United States Military Academy but there are no laws existent which would authorize the reinstatement of his name to the Regular Army promotion list. This bill would authorize the President, by and with the advice and consent of the Senate, to reinstate Nichols to the promotion list of the Regular Army in the same position he would have occupied had he remained on the promotion list and had he been selected for promotion to the grade of colonel with those officers named in General Orders No. 11, Department of the Army, dated February 2, 1948. It will further provide for the appointment of another person as professor of mechanics at the United States Military Academy, which position is now held by General Nichols. RECOMMENDATION OF THE DEPARTMENT The Department of the Army states that this bill does not involve the expenditure of additional public funds. The Department of the Army recommended the enactment of this bill as indicated by the following letter to the Speaker of the House of Representatives. dated April 8, 1949: Hon. SAM RAYBURN, Speaker of the House of Representatives. DEPARTMENT OF THE ARMY, DEAR MR. SPEAKER: There is enclosed herewith draft of a bill to authorize the appointment of Col. Kenneth D. Nichols, 017498, professor of the United States Military Academy, in the permanent grade of colonel, Regular Army, and for other purposes, which the Department of the Army recommends be enacted into law. The purpose of the proposed legislation is to authorize the President, by and with the consent of the Senate, to place Major General (colonel, professor at the United States Military Academy) Nichols on the Army promotion list of the Regular Army in the same position he would have occupied had he remained on the Army promotion list and had been selected for promotion to the grade of colonel at the time his contemporaries were selected. General Nichols served during the war in the grade of brigadier general as an assistant to Lt. Gen. Leslie R. Groves in connection with atomic-energy matters. Following the end of the war he was appointed a professor at the United States Military Academy. Upon the retirement of General Groves it was considered to be in the best interests of the Government to place General Nichols in charge of the Army's atomic-energy program. This proposed bill will authorize his return to the Army promotion list in his original place. There are no laws now in existence which would permit such a transfer. This legislation does not involve the expenditure of additional public funds. The Bureau of the Budget has been consulted and advises that there is no objection to the submission of this proposed legislation for the consideration of the Congress. Sincerely yours, AUTHORIZING THE SALE OF SELECT BASE MATERIAL, AT THE FORT BENNING MILITARY RESERVATION, ΤΟ MUSCOGEE COUNTY, GA., FOR USE ON THE COUNTY ROADS OCTOBER 4, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. BROOKS, from the Committee on Armed Services, submitted the following REPORT To accompany H. R. 28951 The Committee on Armed Services, to whom was referred the bill (H. R. 2895) to authorize the sale of select base material, at the Fort Benning Military Reservation, to Muscogee County, State of Georgia, for use on county roads, having considered the same, report favorably thereon with amendments and recommend that the bill. as amended, do pass. The amendments are as follows: On page 1, line 9, substitute a comma for the period and add: under such terms and conditions, which shall include those terms set out in section 2, as he may deem advisable. On page 2, line 9, substitute the figures "1955" for the figures 1951". The purpose of the proposed legislation is to authorize the Secretary of the Army to sell to Muscogee County, Ga., certain road-building materials which are available on land located within the Fort Benning Military Reservation. It is agreed that the materials in question. will be sold at the rate of 5 cents per cubic yard for use on county roads. Section 1 of the bill has been amended in accordance with the request of the Department of the Army to insure that military authorities at Fort Benning will have appropriate control and direction over the removal of the material from the military reservation. Section 2 of the bill has been amended to extend the period during which materials may be removed from the reservation from Decen ber 31, 1951, to December 31, 1955 The Department of the Army interposes no objection to the legis lation; its enactment will entail no additional cost to the Government, and the Bureau of the Budget interposes no objection. The letter from the Secretary of the Army is hereto attached and made a part of this report. JUNE 11, 1949. Hon. CARL VINSON, Chairman, Committee on Armed Services, House of Representatives. DEAR MR. VINSON: Reference is made to your recent request to the Secretary of Defense for the views of the National Military Establishment with respect to H. R. 2895, a bill to authorize the sale of select base material, at the Fort Benning Military Reservation, to Muscogee County, State of Georgia, for use on county roads. The Secretary of Defense has delegated to this Department the responsibility for expressing the views of the National Military Establishment The Department of the Army has no objection to the above-mentioned bill but recommends substitution of a measure more general in its terms, as described below. The purpose of this bill is to provide statutory authority to permit the Department of the Army to sell to the county of Muscogee, Ga., select base materials at Fort Benning Military Reservation, Ga., for use on county roads. Soil materials suitable for road-building purposes are available in a designated area of Fort Benning at the present time, and there is no objection to the sale and removal of these materials for road purposes under the terms and conditions provided in section 1 through 7 of the bill. It is the view of this Department, however, that the bill should be more general in its language in order that proper latitude may be allowed the officers of this Department who will administer the removal of the base material. It is recommended, therefore, that the enclosed draft of bill be substituted for H. R. 2895. It will be noted that the elimination of many of the restrictions and conditions set out in H. R. 2895 would appear more appropriate for inclusion in the contract for removal of the material. Enactment of H R. 2895 would involve the accrual to the United States of an undetermined sum. The Bureau of the Budget advised that there would be no objection to the submission of this report and substitute draft bill if revised to provide that all receipts will be covered into the general funds of the United States Treasury. The substitute draft bill, enclosed hereith, has been so revised. Sincerely yours, GORDON GRAY, Under Secretary of the Army. REQUIRING CERTAIN INFORMATION TO APPEAR ON MATTER MAILED BY OR ON BEHALF OF CERTAIN ORGANIZATIONS OCTOBER 4, 1949.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. WILLIAMS, from the Committee on Post Office and Civil Service, submitted the following REPORT (To accompany H. R. 5265) The Committee on Post Office and Civil Service, to whom was referred the bill (H. R. 5265) to require certain information to appear on matter mailed by or on behalf of certain Communist, Fascist, totalitarian, subversive, and other organizations, having considered the same, report favorably thereon with amendments and recommend that the bill, as amended, do pass. The amendments are as follows: (a) Page 5, beginning in line 7, strike out "United States Court of Appeals for the District of Columbia by filing in the court", and insert: United States District Court for the District of Columbia, or in the district court of the United States for the judicial district in which the principal office of the organization is located, by filing in such court (b) Page 6, line 12, strike out "Supreme Court" and all that follows through the period in line 14, and insert: appropriate United States court of appeals upon appeal, as provided in section 1294 of title 28 of the United States Code, and by the Supreme Court upon certiorari, as provided in section 1254 of such title 28. (c) Page 6, strike out line 21 and all that follows through line 5 on Dage 7. and insert: aling an appeal, it the order of the Attorney General has been affirmed, or the petition for review dismissed, by the district court of the United States, and no appeal has been duly filed; or (3) upon the expiration of the time allowed for filing a petition for certiorari. if the order of the Attorney General, or the action of the district court of the United States in dismissing the petition for review. has been affirmed by the appropriate United States court of appeals, and no petition for certiorari has been duly filed; or |