United States or by departments or agencies thereof: Provided, That such citizens shall agree to comply with all regulations for the government of the institutions and schools at which they may be under instruction and to exert every effort to accomplish successfully the courses of instruction prescribed: And provided further, That the regulations prescribed by the President under the authority of this Act shall contain provisions limiting the admission of citizens of the American republics to primary schools maintained and administered by the Government of the United States so that there will under no circumstances be any curtailment of the admission of citizens of the United States eligible to receive instruction therein and not more than one citizen of any American republic shall receive instruction at the same time in the United States Military Academy and not more than one in the United States Naval Academy. Act of June 24, 1938 (52 Stat. 1034); 20 U. S. C. 221.

CHAPTER 6

AERONAUTICS

Government-owned air navigation facilities | National Advisory Committee for Aeronau

518. Government-owned air navigation facilities available for public use.(c) Air navigation facilities owned or, operated by the United States may be made available for public use under such conditions and to such extent as the head of the department or other independent establishment having jurisdiction thereof deems advisable and may by regulation prescribe. Sec. 5 (c), act of May 29, 1926 (44 Stat. 571); 49 U. S. C. 175.

519. Public airports available for Government use. That the Secretary of the Interior is authorized, in his discretion and under such regulations as he may prescribe, to lease for use as a public airport any contiguous public lands, unreserved and unappropriated, not to exceed six hundred and forty acres in area, subject to valid rights in such lands under the public land laws. Sec. 1, act of May 24, 1928 (45 Stat. 728); 49 U. S. C. 211.

Any such lease shall be subject to the following conditions: * (d) That all departments and agencies of the United States operating aircraft (1) shall have free and unrestricted use of the airport, and (2) with the approval of the Secretary of the Interior, shall have the right to erect and install therein such structures and improvements as the heads of such departments and agencies deem advisable, including facilities for maintaining supplies of fuel, oil, and other materials for operating aircraft.

(e) That whenever the President may deem it necessary for military purposes, the Secretary of War may assume full control of the airport. Sec. 2, act of May 24, 1928 (45 Stat. 728); 49 U. S. C. 212.

519a. Airspace reservations.-The President is authorized to provide by Executive order for the setting apart and the protection of airspace reservations in the United States for national defense or other governinental purposes and, in addition, in the District of Columbia for public safety purposes. The several States may set apart and provide for the protection of necessary airspace reservations in addition to and not in conflict either with airspace reservations established by the President under this section or with any civil or military airway designated under the provisions of this act. Sec. 4, act of May 20, 1926 (44 Stat. 570); 49 U. S. C. 174.

Airspaces over certain military and naval reservations were reserved and set aside for gotermusental purposes, and civil aircraft barred therefrom, by Executive Orders Nos. 5211, October 19, 1929. and 7138, August 12, 1935. Executive Order No. 5211 was superseded by Executive Order No. 7985, October 8, 1938, relative to certain areas in Maryland.

Airspace above the lands and waters of the Canal Zone was declared to belong to the United States to the exclusion of all foreign nations by act of July 9, 1937 (50 Stat. 486), and the President was authorized to make rules and regulations governing use of same. By Executive Order No. 7910, June 16, 1938, civil aircraft are forbidden to be operated over the business section of the District of Columbia, except by special permission of the Secretary of Commerce.

520. Designation of airways.-(f) Nothing in this Act or the Civil Aeronautics Act of 1938 shall be construed to prevent the Secretary of War from designating routes in the navigable air space as military airways and prescribing rules and regulations for the use thereof on routes which do not conform to civil airways established hereunder, or to prevent the Administrator in the Civil Aeronautics Authority from designating any military airway as a civil airway, and when so designated it shall thereupon become a civil airway within the meaning of this Act, and the Secretary of War is hereby authorized to continue the operation of air navigation facilities for any military airway so designated as a civil airway until such time as the Secretary of Commerce can provide for the operation of such facilities. Sec. 5 (f), act of May 20, 1926 (44 Stat. 571); sec. 1107 (i), act of June 23, 1938 (52 Stat. 1028); 49 U. S. C. 175.

"Civil Air Regulations," promulgated by the Department of Commerce, are published in 2 F. R. 2221, September 24, 1937, et seq., and 2 F. R. 2540, October 14, 1937, as amended March 9, 1938, 3 F. R. 615.

By Executive Order No. 7959, August 22, 1938, certain personnel, property, and appropriations were transferred from the Department of Commerce and the Interstate Commerce Commission, to the Civil Aeronautics Authority.

521. National Advisory Committee for Aeronautics; composition.-An Advisory Committee for Aeronautics is hereby established, and the President is authorized to appoint not to exceed fifteen members, to consist of two members from the War Department, from the office in charge of military aeronautics; two members from the Navy Department, from the office in charge of naval aeronautics; two members from the Civil Aeronautics Authority; a representative each of the Smithsonian Institution, of the United States Weather Bureau, and of the United States Bureau of Standards; together with not more than six additional persons who shall be acquainted with the needs of aeronautical science, either civil or military, or skilled in aeronautical engineering or its allied sciences. The members of the National Advisory Committee for Aeronautics, not representing governmental agencies, in office on the date of enactment of the Civil Aeronautics Act of 1938, shall continue to serve as members of the Committee until the effective date of section 1107 of the Civil Aeronautics Act of 1938. Upon the expiration of their terms of office, the President is authorized to appoint successors to six of such members for terms of office to expire, as designated by the President at the time of appointment, two at the end of one year, two at the end of three years, and two at the end of five years from December 1, 1938. Successors to those first appointed shall be appointed by the President for terms of five years from the date of the expiration of the terms of the members whom they succeed, except that any such successor, appointed to fill a vacancy occurring prior to the expiration of a term, shall be appointed only for the unexpired term of the member whom he succeeds: Provided, That the members of the Advisory Committee for Aeronautics, as such, shall serve without compensation. * Act of Mar. 3, 1915 (38 Stat. 930); act of Mar. 2, 1929 (45 Stat. 1451); sec. 1107 (c), act of June 23, 1938 (52 Stat. 1027); 50 U. S. C. 151.

522. Same; duties.

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Provided further, That it shall be the duty of the Advisory Committee for Aeronautics to supervise and direct the scientific study of the problems of flight, with a view to their practical solution, and to

determine the problems which should be experimentally attacked, and to discuss their solution and their application to practical questions. In the event of a laboratory or laboratories, either in whole or in part, being placed under the direction of the committee, the committee may direct and conduct research and experiment in areonautics in such laboratory or laboratories: And provided further, That rules and regulations for the conduct of the work of the committee shall be formulated by the committee and approved by the President. Provided, That an annual report to the Congress shall be submitted through the President, including an itemized statement of expenditures. Act of Mar. 3, 1915 (38 Stat. 930); 50 U. S. C. 151, 153.

523. Same; offices.-* Provided, That the Secretary of War is authorized and directed to furnish office space to the National Advisory Committee for Aeronautics in governmental buildings occupied by the Signal Corps. Sec. 1, act of July 1, 1918 (40 Stat. 650); 50 U. S. C. 152.

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524. Same; purchase of supplies.Provided, That hereafter section 3709 of the Revised Statutes of the United States shall not be construed to apply to any purchase or service rendered for the National Advisory Committee for Aeronautics when the aggregate amount involved does not exceed the sum of $50. Sec. 1, act of Apr. 22, 1926 (44 Stat. 314); 50 U. S. C. 154. For R. S. 3709, requiring advertising for bids, see 727, post.

524a. Civil Aeronautics Authority; establishment.-(a) An agency is created and established to be known as the "Civil Aeronautics Authority" which shall be composed of five members who shall be appointed by the President, by and with the advice and consent of the Senate, as soon as practicable after the passage of this Act, and who shall continue in office as designated by the President at the time of nomination through the last day of the second, third, fourth, fifth, and sixth calendar years, respectively, following the passage of this Act. The President shall designate annually one of the members of the Authority as chairman and one of the members as vice chairman who shall act as chairman in the absence or incapacity of the chairman. The successors of the members shall be appointed for terms of six years in the same manner as the members originally appointed under this Act, except that any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. The members of the Authority may be removed by the President for inefficiency, neglect of duty, or malfeasance in office. No more than three of the members shall be appointed from the same political party. Each member of the Authority shall receive a salary at the rate of $12,000 per annum.

(b) There shall be in the Authority an Administrator who shall be appointed by the President by and with the advice and consent of the Senate, and who shall receive a salary at the rate of $12,000 per annum.

(c) The members of the Authority shall be appointed with due regard to their fitness for the efficient dispatch of the powers and duties vested in and imposed upon the Authority by this Act. Each member of the Authority, and the Administrator, shall be a citizen of the United States, and no member of the Authority, or the Administrator, shall have any pecuniary interest in or own any stock in or bonds of any civil aeronautics enterprise. No member of the Authority, or the Administrator, shall engage in any other business, vocation, or employment. (d) Three of the members shall constitute a quorum of the Authority. The principal office of the Authority shall be in the District of Columbia where its general sessions shall be held, but whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, the Authority 136307-40-15