of constructing curb, gutter, sidewalk, and gravel surfacing the street. The lots which front on Syracuse Street were acquired by the Government as a site for low-cost housing. The lots which front on Verbena Street were acquired to permit the extension of a runway at Lowry Air Force Base. The Department of the Air Force, in reporting on the instant bill, states, in part, as follows: The improvements made by the city of Denver to the above-mentioned two streets are definitely beneficial and desirable to the community and to the adjacent Federal property. The city has requested the Air Force to pay the amount stated in H. R. 2750; however, there is no authority whereby the claim can be considered by this Department. The Department of the Air Force is of the opinion that there is no legal obligation on the part of the United States to reimburse the city of Denver in this case. Whether or not relief is to be granted is considered to be a matter solely within the discretion of and for final determination by the Congress. Accordingly, this Department does not desire to make a recommendation with respect to the enactment of the legislation. In connection with the Air Force report on the instant bill, the Bureau of the Budget calls attention to the President's veto of S. 41, 81st Congress, for the relief of the city of Reno, Nev. (S. Doc. No. 97, July 5, 1949), which was a bill similar in nature to H. R. 2750. In the above-referred-to veto message on S. 41, 81st Congress, attention is invited to the following statements: Under the doctrine of intergovernmental tax immunity, federally owned real property is exempt from State and local taxes, including special assessments, unless the Federal Government has specifically authorized taxation. The Congress has authorized payments of taxes, or payments in lieu of taxes, in a few instances, such as real property held by Federal lending agencies, the Reconstruetion Finance Corporation, and public housing projects. There has not been adopted, however, any comprehensive overall program for payments on account of federally owned property. The lack of such a program has resulted in numerous cases of hardship in particular communities. The problem presented in the case of Reno is not limited to any one locality. Federal buildings have been constructed in a great many cities and towns and in many more the Federal Government has acquired property for use in its programs. Following the doctrine of immunity of the sovereign to taxation, the Public Buildings Administration in administering its construction programs has not shared the cost of improvements either when constructing buildings or when benefiting, as in the instance case, from locally authorized repaving work. Federal responsibility has stopped at the property line. The desirability of adopting general legislation designed to provide a comprehensive program for payments on account of federally owned property has heretofore been indicated to the Congress. On May 26, 1943, there were presented to it the recommendations of the Federal Real Estate Board, which, after extensive study of this problem, proposed specific measures to meet the situation. In addition, general legislation is now pending dealing with the overall aspects of this problem, including proposed provisions for payment of special assessments with respect to some Federal properties. The committee notes the recommenation stated in the President's veto message of July 5, 1949, that any relief for communities affected by the location therein of Federal real estate should be of general application, should not be retroactive in its coverage, and should deal with the problem on a comprehensive basis. The committee notes that the veto message on S. 41 of the 81st Congress recognizes that there are inequities, in view of the fact that the Federal Government has received the benefit of these community improvements, and that there should be compensation therefor and that such compensation should be provided for by general legislation. The committee points out, however, that general legislation has not been adopted on this subject and is not now pending before the Congress. In view of the fact that private legislation as here proposed is the only avenue of relief available to the city and county of Denver, the committee does not believe that the claimant herein should be penalized by having to wait for the passage of general legislation on this subject to secure relief. The committee therefore recommends favorable consideration of this bill, H. R. 2750. Attached hereto and made a part of this report is the report of the Department of the Air Force and other evidentiary data submitted in connection with this bill. DEPARTMENT OF THE AIR FORCE, OFFICE OF THE SECRETARY, Hon. CHAUNCEY W. REED, Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. CHAIRMAN: I refer to your request for the Department of the Air Force views with respect to H. R. 2750. a bill for the relief of the city and county of Denver, Colo. The The purpose of H. R. 2570 is to authorize and direct the Secretary of the Treasury to pay to the city and county of Denver, Colo., the sum of $4,741.72. payment of this sum would be in full settlement of all claims of the city and county of Denver against the United States arising out of certain imporvements to property adjoining Lowry Air Force Base, made pursuant to municipal ordinance No 125, approved July 20, 1949, and municipal ordinance No. 134 approved June 8, 1950. The foregoing numbered city of Denver municipal ordinances created streetimporvement districts Nos. 164 and 167 respectively By "assessing ordinances" the costs incurred in the street-imporvement districts were apportioned to and assessed against the adjacent properties United States Government property affected by the street improvements is adjacent to Syracuse and Verbena Streets (See enclosed map.) Lots 1 to 14 inclusive block 28 Kensington, which front on Syracuse Street, were assessed $210.86 The property fronting on Verbena Street is composed of lots 19 to 36, inclisuve block 26. East Kensington, and lots 18 to 34, inclusive, block 31 East Kensington. These lots on Verbena Street were assessed $4,530.86. The improvements consisted of constructing curb, gutter, sidewalk, and gravel surfacing the streets. The lots which front on Syracuse Street were acquired by the Government as a site for low-cost housing. lots which front on Verbena Street were acquired to permit the estension of a runway at Lowry Air Force Base. The The improvements made by the city of Denver to the above-mentioned two streets are definitely beneficial and desirable to the community and to the adjacent Federal property. The city has requested the Air Force to pay the amount stated in H. R. 2750; however, there is no authority whereby the claim can be considered by this Department. The Department of the Air Force is of the opinion that there is no legal obligation on the part of the United States to reimburse the city of Denver in this case. Whether or not relief is to be granted is considered to be a matter solely within the discretion of and for final determination by the Congress. Accordingly, this Department does not desire to make a recommendation with respect to the enactment of the legislation. The Bureau of the Budget has advised that there is no objection to the submission of this report. However, it was requested that attention be called to the President's veto of S. 41, 81st Congress, for the relief of the city of Reno, Nev. (S. Doc. No. 97) which was a bill similar in nature to H. R. 2750. Sincerely yours, ROGER LEWIS, Assistant Secretary of the Air Force. JULY 30 (legislative day, JULY 27), 1953.-Ordered to be printed Mr. LANGER, from the Committee on the Judiciary, submitted the following REPORT [To accompany H. R. 2785! The Committee on the Judiciary, to which was referred the bill (H. R. 2785) for the relief of Wera Fazio, a minor, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. PURPOSE OF THE BILL The purpose of the bill is to grant to the minor child adopted by citizens of the United States the status of a nonquota immigrant, which is the status normally enjoyed by the alien minor children of United States citizens. STATEMENT OF FACTS The beneficiary of the bill was born in Italy on May 24, 1939, and has been adopted by her uncle, Angelo Fazio and Mrs. Fazio, who are United States citizens residing in Brooklyn, N. Y. A letter, with attached memorandum, dated May 16, 1952, to the then chairman of the Committee on the Judiciary of the House of Representatives from the Deputy Attorney General, with reference to H. R. 1417, which was a bill introduced in the 82d Congress for the relief of the same alien, reads as follows: Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D. C. MAY 16, 1952. MY DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice relative to the bill (H. R. 1417) for the relief of Wera Fazio, an alien. The bill would provide that Wera Fazio shall be considered to be the native-born daughter of Mr. and Mrs. Angelo Fazio, United States citizens. There is enclosed a memorandum of information prepared by the Immigration and Naturalization Service of this Department concerning the facts in the case. The quota for Italy, to which the alien is chargeable, is oversubscribed and an immigration visa is not readily obtainable. The question of whether a nonquota or preference-quota status in the issuance of an immigration visa should be granted to adopted alien children of American citizens is a general one and should be resolved, if at all, by general legislation. The Congress has thus far not seen fit to make adoptive children of American citizens eligible for nonquota immigration visas. The record in this case fails to present considerations which would justify the enactment of special legislation granting the alien a preference over other adopted children of American citizens who desire to join their adoptive parents in the United States. Accordingly, this Department is unable to recommend enactment of the measure. Sincerely, A. DEVITT VANECH, MEMORANCUM OF INFORMATION FROM IMMIGRATION AND NATURALIZATION SERVICE FILES RE WERA FAZIO, BENEFICIARY OF H. R. 1417 Wera Fazio was born in Rome, Italy, about 1940. She resided with her parents, both natives and citizens of Italy, until her mother's death in December 1949. Since that time she has been living with her paternal grandmother in Fulgatore, Italy, where she now attends school. Her uncle, Mr. Angelo Fazio, and Mrs. Fazio, who reside in Brooklyn, N. Y., met the alien in 1947 while on a vacation trip to Italy, and after her mother's death obtained her father's consent for her adoption. The adoption was approved by the Italian Court of Appeal in Palmero, Italy, on May 11, 1951. Mr. Angelo Fazio stated that he was born in Fulgatore, Italy, on April 29, 1898, and was naturalized in the United States District Court for the Eastern District of New York, on January 27, 1931. Before coming to this country in 1923 he was employed on his father's farm in Italy. Since coming to the United States he has been employed as a laborer in the construction field on various jobs. He is presently earning approximately $120 a week. The record indicates that he owns income-producing real estate in and around Brooklyn. Mr. Fazio stated that he was arrested in May 1934 on a charge of illegally operating a still, that he pleaded guilty, and was given a suspended sentence and placed on probation for 6 months. Mrs. Fazio is a native-born citizen of the United States. She stated that her parents, who are now deceased, were natives of Italy and naturalized citizens of the United States. Mr. and Mrs. Fazio have no children of their own. The alien is chargeable to the quota for Italy, which is oversubscribed. Congressman Louis B. Heller, the author of the bill, submitted to the Committee on the Judiciary of the House of Representatives the following translated copy of the adoption decree in the case: [Translation] COURT OF APPEALS at Palermo, Children's Part composed of the following members: Dr. Giustino Caffarelli, presiding magistrate; Dr. Rosario Cloos, assistant magistrate; Dr. Filippo Scarlata, assistant magistrate; Dr. Angelo Leto Piraino, asistant magistrate; Prof. Giuseppe Bonasera, counsellor. Duly in session Has read the petition and annexed documents; Has noted that Francesca Castiglione, though duly summoned, has failed to appear, and, by virtue of the absence, the Court assumes that this party has no objection to the adoption proceedings; Has heard the case presented by the appointed magistrate; Has decided that the governmental agency concerned favors acceptance of the petition; Has read Articles 311, 312, and 313 of the Civil Code Hereby Decrees To grant the adoption of Vera Fazio (daughter of Joseph and of Rosalia Amsto (deceased), born in Rome on May 24, 1939) by Angelo Fazio (son of Salvatore (deceased) and of Francesca Castiglione, born in Trapani on April 28, 1898) and |