CHAPTER 5 ARMY SERVICE AND POST SCHOOLS Army War College, 506. Aviation schools, 507. Aviation schools, enrollment of civilian instructors, 507a. Cavalry School, 508. Coast Artillery School, 509. 506. Army War College. Engineer School, 510. Field Artillery School, 511. Command and General Staff School, 512. Infantry School, 513. Schools for bakers and cooks, 517. As repeated in the Military Appropriation Act for fiscal year 1943 and subsequent acts, including Military Appropriation Act, 1945 (58 Stat. 574), the words "purchase, repair, and cleaning of uniforms for guards" were inserted after the word "lectures" in the fourth line of this section, and the word "absolutely" was omitted from the last line thereof. 507. Aviation Schools. * For creating, maintaining, and operating at established aviation schools courses of instruction for military personnel, including payment of tuition, cost of equipment and supplies necessary for instruction, purchase of tools, equipment, materials, machines, textbooks, books of reference, scientific and professional papers, instruments, and materials for theoretical and practical instruction; * * * Military Appropriation Act of July 2, 1942 (56 Stat. 619). As repeated in the Military Appropriation Act for fiscal year 1943, the fourth paragraph of this section, based on act of February 28, 1929 (45 Stat. 1360), was changed in form as indicated above. As repeated in the Military Appropriation Acts for fiscal years 1944 (57 Stat. 356) and 1945 (58 Stat. 582), the words "and related" were inserted after the word "aviation" in the first line of the above provision. By act of May 28, 1941 (55 Stat. 208), the city of Biloxi, Mississippi was authorized to lease to the War Department for use by the Army Air Corps Technical Schools a portion of the lands granted to it for park and cemetery purposes by the act of April 28, 1906, notwithstanding the restrictions on the use of such land imposed by the latter act. 507a. Aviation schools; enrollment of civilian instructors.-The Secretary of War, in his discretion and under such rules and regulations as he may prescribe, is authorized to enroll as students at the Air Corps Training Center, for the pursuit of such courses of instruction as may be prescribed. therefor, such civilians, upon their own applications, as may be selected from the instructional staffs of those civilian flying schools which have been accredited by the War Department for the education, experience, and training of personnel of the Military Establishment: Provided, That except for the furnishing of such supplies, matériel, or equipment as may be necessary for training purposes, the training of such students shall be without cost to the United States: Provided further, That in case of injury to or sickness of such students, hospital or medical treatment may be given in Government hospitals, but shall be without expense to the United States other than for services of Medical Department personnel and the use of hospital equipment, not including medicines or supplies: And provided further, That the United States shall be under no obligation in respect to payment of a pension, compensation, or other gratuity to the dependents of any such student who dies of disease or injury while undergoing such training, nor to any such student in the event of personal injury sustained by him. Sec. 3, act of Apr. 3, 1939 (53 Stat. 556); 10 U. S. C. 292c-1. 508. Cavalry School. As repeated in the appropriation act for fiscal year 1940 and subsequent acts, including Military Appropriation Act, 1945 (58 Stat. 587), the words "and for the instruction of the Army in cavalry activities" were added at the end of the second paragraph of this section. 509. Coast Artillery School.-For supplies, services, and other expenses essential in conducting instruction at the Coast Artillery Schools, including maintenance, operation, and repair of passenger-carrying vehicles, * Military Appropriation Act of July 2, 1942 (56 Stat. 624). ** * As repeated in the appropriation act for fiscal year 1943 and subsequent acts, including Military Appropriation Act, 1945 (58 Stat. 587), this section, based on act of Mar. 4, 1933 (47 Stat. 1587), was changed in form as indicated above. A previous change was contained in Military Appropriation Acts, 1941 (54 Stat. 369) and 1942 (55 Stat. 383). 510. Engineer School. The words "and for the compensation of employees" in the last line of this section were not repeated in the Military Appropriation Act for fiscal year 1942 and subsequent acts, including Military Appropriation Act, 1945 (58 Stat. 584). 511. Field Artillery School. This provision has been repeated in subsequent appropriation acts, including Military Appropriation Act, 1945 (58 Stat. 587). 512. Command and General Staff School. As repeated in the Military Appropriation Act for fiscal year 1944 and subsequent acts, including Military Appropriation Act, 1945 (58 Stat. 574), the words "expenses of special lectures" were inserted after the word "services" in the third line of this section. 513. Infantry school.-For supplies, services, and other expenses essential in conducting instruction at the Infantry School, *** Military Appropriation Act of July 2, 1942 (56 Stat. 624). As repeated in Military Appropriation Act, 1943 and subsequent acts, including Military Appropriation Act, 1945 (58 Stat. 587), this section, based on act of March 4, 1933 (47 Stat. 1587), was changed in form as indicated above. 517. Schools for bakers and cooks. The words "total amount of such prizes at the various schools not to exceed $900 per annum" in the third and fourth lines of this section were not repeated in the Military Appropriation Act for fiscal year 1943 and subsequent acts, including Military Appropriation Act, 1945 (58 Stat. 579). 646631-45 518. Government-owned air navigation facilities available for public use. Executive Order No. 8486, July 16, 1940, provides for the withdrawal of public lands in the State of Arizona for use by the Civil Aeronautics Authority in the establishment and maintenance of air-navigation facilities. 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 two thousand five hundred and sixty 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); act of Aug. 16, 1941 (55 Stat. 621); 49 U. S. C. 211. The first paragraph of this section has been amended as above. The First Supplemental Civil Functions Appropriation Act of October 9, 1940 (54 Stat. 1039), appropriates $40,000,000 for the construction, improvement, and repair of not to exceed two hundred and fifty public airports and other landing areas in the United States and its possessions, as determined to be necessary for the national defense. The Department of Commerce Appropriation Act of June 28, 1941 (55 Stat. 281), makes an additional appropriation of $94,000,000 for the construction, improvement, and repair of not to exceed 399 public airports and landing areas in the United States and its possessions. This and similar appropriations in subsequent acts were consolidated and made available until June 30, 1943, by Sixth Supplemental National Defense Appropriation Act of April 28, 1942 (56 Stat. 241), until June 30, 1944, by Department of Commerce Appropriation Act, 1944 (57 Stat. 294), and until June 30, 1945, by Department of Commerce Appropriation Act, 1945 (58 Stat. 418). The number of public airports authorized was increased to 668 by Department of Commerce Appropriation Act of July 2, 1942 (56 Stat. 492). 519a. Airspace reservations. Under authority of the act of July 9, 1937 (50 Stat. 486), Regulations governing the entrance of foreign and domestic aircraft into the Canal Zone, and navigation therein, were prescribed by Executive Order No. 8251, September 12, 1939, as amended by Executive Order No. 8271, October 16, 1939. Executive Order No. 7910, June 16, 1938, establishing an airspace reservation over a portion of the District of Columbia, was superseded by Executive Order No. 8378, March 18, 1940, which in turn was superseded by Executive Order No. 8950, November 26, 1941, as amended by Executive Order No. 9153, April 30, 1942. Airspace reservations established under authority of this section are declared to be "vital military and naval installations" within the meaning of 2187a, post, by Executive Order No. 8381, March 22, 1940. Naval airspace reservations have been established by the following Executive Orders: No. 8680, February 14, 1941, as amended by No. 8729, April 2, 1941-Kiska and Unalaska, Alaska. No. 8681, February 14, 1941-Kaneohe Bay, Hawaii. No. 8682, February 14, 1941, as amended by No. 8729, April 2, 1941-Palmyra, Johnston, Midway, Wake and Kingman Reef, Pacific Ocean. No. 8683, February 14, 1941, as amended by No. 8729, April 2, 1941-Rose, Tutuila, and Guam, Pacific Ocean. No. 8684, February 14, 1941-Culebra Island, Puerto Rico. No. 8718, March 22, 1941-Subic Bay, Philippine Islands. No. 8749, May 1, 1941-Guantanamo Bay, Cuba. Executive Order No. 8961, December 6, 1941, revokes all Executive orders or parts thereof establishing airspace reservations within the continental limits of the United States, except the District of Columbia. (Not applicable to Alaska or the Canal Zone.) By Executive Order No. 9090, March 6, 1942, aircraft are forbidden to be operated over certain described areas within Ulster and Dutchess Counties, New York. The act of March 4, 1944 (58 Stat. 111); 18 U. S. C. 472, makes it a misdemeanor to stow away on private or governmental aircraft. 521. National Advisory Committee for Aeronautics; composition. "50 U. S. C. 151" should be eliminated from the citation to this section, based on act of March 3, 1915 (38 Stat. 930); act of March 2, 1929 (45 Stat. 1451); sec. 1107 (e), act of June 23, 1938 (52 Stat. 1027), and "49 U. S. C. 241" added. 522. National Advisory Committee for Aeronautics; duties. “30 U. S. C. 151, 153" should be eliminated from the citation to this section, based on act of March 3, 1915 (38 Stat. 930), and "49 U. S. C. 241, 243" added. 523. National Advisory Committee for Aeronautics; offices. "50 U. S. C. 152" should be eliminated from the citation to this section, based on act of March 3, 1915, (38 Stat. 930), and "49 U. S. C. 242" added. 524. National Advisory Committee for Aeronautics; purchase of supplies. This section, based on section 1, act of April 22, 1926 (44 Stat. 314); 50 U. S. C. 154, was expressly repealed by section 4, act of October 10, 1940 (54 Stat. 1111). The subject matter is covered by 727a, post. 524a. Civil Aeronautics Authority; establishment. By section 3, Independent Offices Appropriation Act of March 16, 1939 (53 Stat. 550), and subsequent appropriation acts, the salary of the administrator and members of the Civil Aeronautics Authority was fixed at $10,000. each per annum. The act of June 29, 1940 (54 Stat. 688), defines the boundaries of the Washington National Airport and provides for its administration by the Administrator of the Civil Aeronautics Authority. The First Supplemental Civil Functions Appropriation Act of October 9, 1940 (54 Stat. 1039), makes an appropriation for the care, operation, maintenance, and protection of this airport, and for the construction of five hangars. 524b. Civil Aeronautics Authority; duties and powers. By section 7, Reorganization Plan No. IV, transmitted to Congress under date of April 11, 1940, under authority of 888c, post, the functions of the Civil Aeronautics Authority and of the Administrator thereof, and the functions of the Air Safety Board, were transferred to and placed under the jurisdiction of the Department of Commerce. Notes of Decisions Jurisdiction over foreign aircraft.-Intra- | flight into and within the United States. state operations of aircraft on a civil air- (Sept. 12, 1941), 40 Op. Atty. Gen. No. 31. way or which directly affect or endanger the safety of interstate, overseas, or foreign air commerce, are subject to the provisions of the Civil Aeronautics Act of 1938. (June 12, 1941), 40 Op. Atty. Gen. No. 16. Use of airports.-An exclusive right to use an airport for a particular aeronautical activity is forbidden by section 303 of the Civil Aeronautics Act of 1938. Reorganization Plan No. III vests in the The term "exclusive right" as used in Administrator of Civil Aeronautics the func-section 303 means a right excluding or de tion of issuing permits under section 6 of the Air Commerce Act of 1926, as amended, to foreign airmen and aircraft, authorizing 524c. Civilian Pilot Training Act. "Civilian Pilot Training Act of 1939." 855); 49 U. S. C. 751. barring another or others from enjoying or exercising a like right. (June 4, 1941), 40 Op. Atty. Gen. No. 15. That this Act may be cited as the The Civil Aeronautics Authority is authorized, within the limits of available appropriations made by the Congress, to train pilots and technicians and mechanics or to conduct programs for such training, including studies and researches as to the most desirable qualifications for aircraft pilots and technicians and mechanics. Such training or programs shall be conducted pursuant to such regulations as such Authority may from time to time prescribe, including regulations requiring students participating therein to maintain appropriate insurance and to pay such laboratory or other fees for ground-school training, not exceeding $40 per student, as the Authority may deem necessary or desirable: Provided, That in the administration of this Act, none of the benefits of training or programs shall be denied on account of race, creed, or color. Such training or programs may be carried out either through the use of the facilities and personnel of the Authority or by contracts with educational institutions or other persons (as defined in section 1 (27) of the Civil Aeronautics Act of 1938). Sec. 2, act of June 27, 1939 (53 Stat. 855); act of July 24, 1942 (56 Stat. 704); sec. 1, act of June 10, 1943 (57 Stat. 150); 49 U. S. C. 752. At least 5 per centum of the students selected for training under this Authority shall be selected from applicants other than college students. Sec. 8, act of June 27, 1939 (53 Stat. 856); 49 U. S. C. 753. The Authority is authorized to lease or accept loans of such real property, and to purchase, lease, exchange, or accept loans of such personal property, as may be necessary or desirable for carrying out the provisions of this Act. Sec. 4, act of June 27, 1939 (53 Stat. 856); 49 U. S. C. 754. For the purpose of carrying out its functions under this Act, the Authority is authorized to exercise all powers conferred upon it by the Civil Aeronautics Act of 1938 and to appoint and fix the compensation of experienced instructors, airmen, medical and other professional examiners and experts in training or research without regard to the provisions of other laws applicable to the employment and compensation of officers and employees of the United States. The provisions of section 3709 of the Revised Statutes shall not apply to contracts with educational institutions and other persons for the use of aircraft or other facilities or for the performance of services authorized by section 2 of this Act. Sec 5, act of June 27, 1939 (53 Stat. 856); 49 U. S. C. 755. 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. Sec. 6, act of June 27, 1939 (53 Stat. 856); 49 U. S. C. 756. There is hereby authorized to be appropriated the sum of $5,675,000 for the purpose of carrying out the provisions of this Act during the fiscal years 1939 and 1940 and not to exceed the sum of $7,000,000 during each subsequent fiscal year. This Act shall expire on July 1, 1946, and all contracts, leases, or other obligations entered into under this Act shall expire on or prior to such date: Provided, That no alien shall receive training under the provisions of this Act. Sec. 7, act of June 27, 1939 (53 Stat. 856); act of June 30, 1944 (58 Stat. 648); 49 U. S. C. 757. By section 7, Reorganization Plan No. III, transmitted to Congress under date of April 2, 1940, under authority of 888c, post, the functions vested in the Civil Aeronautics Authority by this section were transferred to the Administrator of Civil Aeronautics. |