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CIVIL AERONAUTICS ACT

2046–7. Public right of transit.—There is hereby recognized and declared to exist in behalf of any citizen of the United States a public right of freedom of transit in air commerce through the navigable air space of the United States. (June 23, 1938, Title I, sec. 3, 52 Stat. 980; 49 U. S. C., sec. 403.)

2046-8. Creation of Authority.- (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.

(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, *

(June 23, 1938, Title II, sec. 201 (a), (b), 52 Stat. 980; 49 U.S. C., sec. 421.)

2046-9. Travel by Government personnel on commercial airways.-Travel by personnel of the United States Government on commercial aircraft, domestic or foreign, including travel between airports and centers of population or posts of duty when incidental to travel on commercial aircraft, shall be allowed at public expense when authorized or approved by competent authority, and transportation requests for such travel may be issued upon such authorizations. Such expense shall be allowed without regard to comparative costs of transportation by aircraft with other modes of transportation. (June 23, 1938, Title II, sec. 204 (c), 52 Stat. 983; 49 U. S. C., sec. 424.)

2046–10. Civil Aeronautics Authority authorized to cooperate with Government agencies.—The Authority, the Administrator, and the Air Safety Board may avail themselves of the assistance of the National Advisory Committee for Aeronautics and any research or technical agency of the United States on matters relating to aircraft fuel and oil and to the design, materials, workmanship, construction, performance, maintenance, and operation of aircraft, aircraft engines, propellers, appliances, and air navigation facilities. Each such agency is authorized to conduct such scientific and technical researches, investigations, and tests as may be necessary to aid the Authority, the Administrator, and the Air Safety Board in the exercise and performance of their powers and duties. Nothing contained in this Act shall be construed to authorize the duplication of the laboratory research activities of any existing governmental agency. (June 23, 1938, Title XI, sec. 1105, 52 Stat. 1027; 49 U. S. C., sec. 675.)

TRAINING OF CIVIL AIRCRAFT PILOTS

2046–13. Short title.—That this Act may be cited as the "Civilian Pilot Training Act of 1939”. (June 27, 1939, sec. 1, 53 Stat. 855; 49 U. S. C., sec. 751.)

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2046–14. Cooperation of other agencies; loan or transfer of personnel and equipments.-Any executive department or independent establishment is hereby authorized to cooperate with the Authority in carrying out the purposes of this Act, and for such purposes may lend or transfer to the Authority, by contract or otherwise, or if so requested by the Authority, lend to educational institutions or other persons cooperating with the Authority in the conduct of any such training or program, civilian officials, experts, or employees, aircraft and other property or equipment, and lands or buildings under its control and in excess of its own requirements. (June 27, 1939, sec. 6, 53 Stat. 856; 49 U. S. C., sec. 756.)

WAR

ARSENALS, ARMORIES, ARMS, AND WAR MATERIALS GENERALLY

2048a. Arms and ammunition issued to protect public property - That upon the request of the head of any department or independent agency of the Government, the Secretary of War be, and he is hereby, authorized to issue arms, suitable accouterments for use therewith, and ammunition whenever they may be required for the protection of the public money and property, and they may be delivered to any officer of the department or independent agency designated by the head of such department or independent agency, to be accounted for to the Secretary of War, and to be returned when the necessity for their use has expired: Provided, however, That hereafter the cost of all ammunition issued, the cost of replacing borrowed arms and accouterments which are lost or destroyed or are irreparable, the cost of repairing arms and accouterments returned to the War Department, and the cost to the War Department of making and receiving shipments under the authority of this Act shall be covered by transfer of funds from the department or independent agency concerned to the credit of War Department funds. (Amends Act of Mar. 3, 1879, 20 Stat. 412; Apr. 14, 1937, 50 Stat. 63; 50 U. S. C., sec. 61.)

2049-1. Research, experimentation, and development of rotary-wing and other aircraft; appropriation; reports and recommendations; construction.That in the interest of adequate national defense and the further interest of the needs of other governmental activities and of American commercial and civil aeronautics for rotary-wing and other aircraft development there is hereby authorized to be appropriated, out of any funds in the Treasury not otherwise appropriated, the sum of $2,000,000 to remain available until expended for the purpose of rotary-wing and other aircraft research, development, procurement, experimentation, and operation for service testing.

The Secretary of War is authorized and directed to proceed immediately with said research, development, procurement, experimentation, and operation for service testing and further to allot such sums from this fund to other Federal departments or agencies as he, in his judgment and discretion and within the limits herein prescribed, may deem advisable for the furtherance of these purposes.

The following agencies of the Federal Government are hereby authorized and directed to submit to the Secretary of War plans for research, development, procurement, experimentation, and operation for service testing of rotary-wing and other aircraft. Upon presentation of plans, together with estimates of requirements, the Secre. tary of War will approve, apportion, and allot the necessary funds which in his discretion may appear proper for each respectively.

The agencies referred to are:

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(b) In the Department of Agriculture, the Bureau of Entomology and Plant Quarantine, the Bureau of Biological Survey, and the Forest Service.

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Such of these agencies as are approved by the Secretary of War for the purpose of carrying out the provisions of this Act and to whom the Secretary of War in accordance with the provisions of this Act shall allocate funds are hereby directed to report at the end of each fiscal year or at such times as the Secretary of War may direct, showing the progress of the work in hand, future programs, if any, and recommendations. Special emphasis in these reports shall be placed on the utility of rotary-wing and other aircraft at the present time and the promise this type of aircraft holds for the future in the opinion of the chief of each agency concerned. (June 30, 1938, 52 Stat. 1255; 50 U. S. C., sec. 95.)

2051-1. Secretary of War authorized to transfer certain military reservations to Secretary of Agriculture. That the Secretary of War be, and he is hereby, authorized to transfer to the agencies hereinafter set forth the military reservations hereinafter named, or any portions thereof, upon determination by him that said military reservations, or portions thereof, are no longer needed for military purposes: Provided, That in case any of these reservations, or portions thereof, with the exception of the Escambron Tract, Puerto Rico, shall at any future time become surplus to the needs of the agency to which transferred, the head of such agency is hereby directed to transfer the same back to the Secretary of War to be sold under the provisions of the Act of March 12, 1926 (44 Stat. 203): Provided further, That in the event the transfer of any of these reservations, or portions thereof, with the exception of the Escambron Tract, Puerto Rico, is not desired by the respective agencies hereinafter set forth, then the Secretary of War, after the expiration of ninety days following the passage of this Act, shall be, and he is hereby, authorized to sell such reservations, or any portions thereof, under the provisions of the foregoing Act of March 12, 1926.

The agencies to which transfers are authorized and the names of the reservations, with the approximate amount of land involved in each instance, authorized to be transferred are as follows:

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To the Department of Agriculture: Fort DeSoto, Florida, four hundred and forty-nine and twenty-six one-hundredths acres; Fisherman's Island, Virginia, two hundred and twenty-five acres. (Apr. 26, 1938, sec. 1, 52 Stat. 247.)

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