The next amendment, on page 2, lines 4 and 5, delete "emergency,' and insert in lieu thereof the following:

emergency; the condition and limitation that if the property shall fail or cease to be used for the training and support of the National Guard of Louisiana, the title to the property so conveyed shall revert to and revest in the United States;

I want to ask the Army, it seems to me that that suggested amendment considerably restricts and limits the use of this property beyond what you required in the Texas case and the Iowa case. Shouldn't we put in there "be used for the training and support of the National Guard of Louisiana or for other military purposes," because it may be conceivable that they will want to use it for civil defense or something like that.

Mr. KNOTT. That would be satisfactory, Mr. Chairman.

Senator JOHNSON. I think that we should put them all on the same basis.

If we are going to give Texas the land to use for National Guard or other military purposes and give Iowa land for National Guard and other military purposes, you confine Louisiana to the National Guard period, and if anything happens that they use it for civil defense or something, why, then, it reverts.

Without objection, then the staff

Senator SALTONSTALL. Mr. Chairman, may I raise one question? Senator JOHNSON. Yes; surely.

Senator SALTONSTALL. On lines 5 and 7 it is left to the Secretary to determine what other reservations and restrictions are necessary. Now, that is not in those other two bills.

I just raise the question that that, of course, gives the Secretary the right to limit it even still further if he wants to, whereas in these other bills, which is perfectly proper, we have laid it right down that if it isn't used for military purposes, it comes back to the United States Government.

Here is a discretionary reserve in the Secretary. I just raise that question as to whether we want to put this language in.

Senator JOHNSON. We have got 3 bills up here and we have 3 different policies, and I think we ought to have 1 policy, and I think if the policy we have adopted in the cases of Iowa and Texas is sound to the committee, we ought to apply the same policy to Louisiana, and I would suggest that the staff and the Army take the second amendment and prepare the language that will conform to the broad language of the Iowa and Texas amendment, and require it to be used for National Guard or other military purposes, and take the "discretion of the Secretary" out, to determine what protects the interest, because that just puts them at the mercy of whoever is Secretary.

Senator LONG. I think it would be a better bill that way, Mr. Chairman. However, we wanted to eliminate any possible objection on the part of the Army to this transfer, because we have only in mind using it for the National Guard.

Senator JOHNSON. Is that agreeable to the Army?

Mr. KNOTT. Yes, sir; that is in addition to, and was solely for the purpose of allowing him, at the time this conveyance takes place, to take care of any easements or reservations of that sort; that is all. That is all that was intended to do.

Senator JOHNSON. Then, without objection, the amendments as stated will be prepared and adopted by the committee, in the passage of the bill as amended.

Senator Long, we will be glad to have your statement.

Senator LONG. Mr. Chairman, I was going to discuss this bill in greater detail. However, I believe that in view of the fact that the committee has already been burdened with this similar problem, it would be well for me not to read this statement in detail.

I only want to say that this property has been used by the National Guard for many, many years.

It is one of the best examples that I know of complete cooperation between the State and Federal agencies. Any time the Federal Government needed it, it was available and the State has paid the expense of almost all the improvements on the property, and the State will continue to improve it at the expense of the State government. In the event of national emergency or war, if the Federal Government has to have it for Federal purposes, it is available to them. I believe that some of this Jackson Barracks, is part of the old battlefield where Andrew Jackson defeated the British, isn't it, General Flemming? This is where Andrew Jackson was successful in the one great victory in the War of 1812.

Senator JOHNSON. Without objection, Senator Long's statement will be made a part of the committee record.

(The statement submitted by Senator Long is as follows:)

The bill which I have introduced would authorize and direct the Secretary of the Army to convey, without reservation, to the State of Louisiana, the right, title, and interest of the United States in the property comprising Jackson Barracks. I believe this bill provides all the usual safeguards to the Federal Government which this committee has normally included in bills of a similar purpose which it has reported.

You will note that it is provided that the property will continue to be used as it has for nearly 35 years, namely, the support and training of the Louisiana National Guard. Mineral rights, including gas and oil, are to be retained by the United States, and the right of reentry by the Federal Government during a national emergency as well as any other restrictions which the Secretary of the Army deems proper are guaranteed.

Jackson Barracks is one of our oldest permanent military posts in the South, having been constructed in 1834. The original tract of land comprising 66% acres, fronting on the Mississippi River and some 3 miles south of New Orleans city limits, was purchased by the Federal Government for $31,500. Several subsequent additions to the original area have increased the total to approximately 145 acres.

Because of the substantial reduction in all of our Armed Forces following World War I, the Federal Government decided to abandon Jackson Barracks in 1920. Through the efforts of the Governor and adjutant general of Louisiana at that time, the use of Jackson Barracks for the activities of the Louisiana National Guard was obtained in 1921 under a license from the Secretary of War. This license remained in effect until December 5, 1930, when it was replaced by a formal 25-year lease of the property to the State of Louisiana. This lease expires in December of this year, hence, the urgency of this bill at this session of the Congress.

Jackson Barracks has been occupied exclusively by the headquarters and numerous other units of the Louisiana National Guard since 1921, except for the period of World War II, when all National Guard units were ordered into the Federal service.

During this period it was occupied by the Army as a supplement to the New Orleans port of embarkation. Thousands of men and millions of tons of military equipment and food moved through this port during the war period.

Following World War II, Jackson Barracks was again turned back to the State. It is my understanding the Army has again declared Jackson Barracks surplus to its needs.

Except for the temporary buildings constructed by the Army during World War II, and which have since been torn down or have deteriorated beyond economical repair, all construction of buildings and utilities and the rehabilitation and preservation of the property since 1921 has been at the expense of the State of Louisiana.

I am informed that Louisiana has spent several millions of dollars in rehabilitation and new construction for the use of the National Guard. The State has plans to erect several more permanent buildings for the same purpose when this transfer is effected.

Jackson Barracks has played an important role in our military history and is, in reality, a historic site to us of Louisiana and particularly the inhabitants of New Orleans. This history of Jackson Barracks represents what I believe to to be one of the finest examples of cooperation between the Department of the Army and the military department of the State. This post, when it was excess to the needs of the Army, was taken over by the State military department and rehabilitated to first-class condition.

Upon the occurrence of the national emergency, which ordered the National Guard into Federal service, it proved to be a valuable asset. It is an ideal facility for the Headquarters of the Louisiana National Guard and the numerous units of the National Guard in that vicinity and will be maintained in readiness for use by the Federal Government in time of war.

I believe the bill which I have introduced will, if enacted, be beneficial to both the Federal Government and the State of Louisiana.

Maj. Gen. Raymond H. Fleming, the adjutant general of Louisiana, accompanied me to this meeting. General Fleming entered the Louisiana National Guard as a private in 1916 and has progressed through all the grades to his present rank. He has served continuously in the Louisiana National Guard since 1916 except for periods of Federal service. He has been a general officer since 1928 and has commanded a National Guard division, has served as Chief of the National Guard Bureau, and has been the adjutant general of Louisiana for many years. General Fleming has grown up with Jackson Barracks since it was leased to the State. General Fleming has a brief statement after which I am sure he can answer any questions that you may have relative to this property.

Senator JOHNSON. Without objection, the bill will be reported.
Thank you, Senator Long.

Senator LONG. Thank you very much, Mr. Chairman. I want to thank the other members of the committee.

S. 933

Senator JOHNSON. The last bill is Senate 933.

(S. 933 is as follows:)

[Committee Print, April 20, 1955]

[S. 933, 84th Cong., 1st sess.]

[Omit the part struck through and insert the part printed in italic]

A BILL To facilitate the settlement of the accounts of deceased members of the uniformed services, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for the purposes of this Act the term “Department" shall mean the Department of the Army, the Department of the Navy, the Department of the Air Force, the Department of the Treasury, the Department of Commerce, or the Department of Health, Education, and Welfare, as the case may be, and the terms "uniformed services," "member" and "Secretary" shall have the respective meanings given those terms in section 102 of the Career Compensation Act of 1949 (63 Stat. 804), as amended, on the date of enactment of this Act, except that "the Secretary of Health, Education, and Welfare" shall be substituted for "the Federal Security Administrator" in the definition of the term "Secretary".

Sec. 2. In the settlement of the account of any deceased member of the uniformed services or of the National Guard or the Air National Guard, the amount found due therein from the United States the uniformed service of which the decedent was a member shall be paid to the person or persons surviving at the date of death

First, to the beneficiary or beneficiaries named to receive any such amount in a written designation executed by the member and received, prior to his death, in the place designated for such purpose in the regulations of the Department concerned;

Second, if there be no such beneficiary, to the widow or widower of such member; Third, if there be no beneficiary or surviving spouse, to the child or children of such member, and descendants of deceased children, by representation;

Fourth, if none of the above, to the parents of the member, or the survivor of them; and

Fifth, if there be none of the above, to the duly appointed legal representative of the estate of the deceased member, or if there be none, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased member.

SEC. 3. Amounts payable under this Act shall be paid by the Department or uniformed service concerned or upon settlement by the General Accounting Office as the Comptroller General of the United States may by regulation authorize and direct and any payment made under this Aet shall be a bar to recovery by any other person of any amount so paid.

SEC. 3. Subject to such rules and regulations as may be prescribed by the Comptroller General of the United States, amounts payable to beneficiaries designated by the member under section 2 of this Act shall be paid by the Department or uniformed service concerned. All other payments under this Act shall be paid upon settlement by the General Accounting Office. Any payment made under this Act shall be a bar to recovery by any other person of any amount so paid.

SEC. 4. Designations of beneficiary under this Act, and changes therein, shall be made under regulations promulgated by the Secretaries concerned, and such regulations shall be uniform for all services insofar as practicable: Provided, That any designation of beneficiary made for the purposes of any six months' death gratuity (including any designation of a person whose right to the gratuity would not depend upon such designation) and heretofore or hereafter received in the Department concerned before the effective date of the payment provisions of this Act shall be considered as a designation of beneficiary for the purposes of this Act, in the absence of a designation of beneficiary under this Act, unless the member making the designation shall have been missing, missing in action, in the hands of a hostile force, or interned in a foreign country during any part of the period between the date of enactment of this Act and the effective date thereof as prescribed in section 5 of this Act.

See: 5. The payment provisions of this Act shall be effective only in eases wherein the member's death occurs on or after the first day of the sixth month following the month in which this Act is enacted and the following statutory provisions shall have no application in such eases:

SEC. 5. The payment provisions of this Act shall be effective only in cases wherein the member's death occurs on or after the first day of the sixth month following the month in which this Act is enacted. The following statutory provisions are repealed as of the effective date of the payment provisions of this Act, except with respect to the deaths of members occurring prior to such effective date:

(1) The paragraph of the Act of June 30, 1906 (34 Stat. 750), which relates to the settlement of accounts of deceased officers and enlisted men of the Army, as amended by the Act of December 7, 1944 (58 Stat. 795), and section 4 of the Act of February 25, 1946 (60 Stat. 30, 10 U. S C. 868).

(2) Section 1 of the Act of February 25, 1946 (60 Stat. 30), as amended by section 18 of the Act of August 4, 1949 (63 Stat. 560, 34 U. S. C. 941a).

(3) The paragraph in section 1 of the Act of August 4, 1949 (63 Stat. 531), which relates to the settlement of accounts of deceased officers and enlisted persons of the Coast Guard (14 U. S. C. 466).

(4) Section 507 of the Public Health Service Act, approved July 1, 1944 (58 Stat. 711), as amended by section 2 of the Act of February 25, 1946 (60 Stat. 30, 42 U. S. C. 225).

See: 6. The Departments shall take such aetion as is deemed necessary to notify members of the provisions of this Act and of their rights to designate beneficiaries hereunder.

Senator JOHNSON. The purpose of this bill is to simplify the administration and achieve certain savings in the handling of the final-pay accounts of deceased servicemen. If it achieves certain savings, I know you will be interested in that, Senator Byrd.

The existing law on final pay accounts makes no provision whereby a soldier may designate a beneficiary for his final pay, such as he may do with respect to his 6 months' death gratuity and insurance. The final pay must be given to the legal representative of the estate by the General Accounting Office.

If no representative appears, the law then sets forth the priority of claimants.

The General Accounting Office has had considerable difficulty in determining, in some cases, the appropriate legal representative of the estate, especially in cases where the validity of marriages and divorces and the legitimacy of children has been concerned.

The bill before us would permit the serviceman concerned to designate the beneficiary for his final pay, thereby permitting the soldier to make a disposition of his final pay prior to death.

The bill sets forth the order of precedence, if no designation is made.

This bill is similar to current legislation in effect regarding civilian employees of the Government. This bill was recommended to the Congress by the Comptroller General. It is supported by the Department of Defense on behalf of the Army, with certain suggested amendments which are contained in the committee print. The suggested amendments are agreeable to the Comptroller General.

The witnesses on this bill are Mr. Charles E. Eckert, legislative attorney in the Office of the Assistant Comptroller General, and Lt. Col. Joseph Marshall, Office of Chief of Finance, Department of the Army. Two representatives are present from the Department of the Navy, also, prepared to answer any questions pertaining to the bill.

STATEMENT OF CHARLES E. ECKERT, LEGISLATIVE ATTORNEY, OFFICE OF THE ASSISTANT COMPTROLLER GENERAL; ACCOMPANIED BY LT. COL. JOSEPH MARSHALL, OFFICE OF CHIEF OF FINANCE, DEPARTMENT OF THE ARMY

Mr. ECKERT. Yes, Mr. Chairman.

Senator JOHNSON. Do you have a prepared statement?

Mr. ECKERT. I have no prepared statement. I will be glad to make a brief statement as to what this bill will do.

Senator JOHNSON. This is Mr. Charles E. Eckert, legislative attorney in the Office of the Assistant Comptroller General.

Would you give us a brief statement telling us why you think the bill is necessary and how it can achieve savings as a result. I assume there is no controversy in the executive branch about it.

Mr. ECKERT. No, Mr. Chairman. The Comptroller General sent this bill through originally in July of 1953.

At the time the bill was submitted, it had been generally cleared with all the agencies who would be concerned, the Armed Services, the Coast and Geodetic Survey, the Coast Guard and Public Health Service.

This was done prior to its submission.

The bill, in effect, would facilitate the settlement of the accounts. of the deceased officers by interjecting a designated beneficiary in the