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 20, 1926 (44 Stat. 571); U. S. C. 49: 175.

By sec. 1, resolution of Mar. 4, 1929 (45 Stat. 1698) a "Joint Commission on Airports," to be composed of five Senators and five Representatives, is established, aná directed to report to Congress on or before Dec. 15, 1929, on the establishment of an adequate airport for the various services in the District of Columbia.

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 contingous 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); U. S. C. 49: 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); U. S. C. 49: 212.

520. Designation of airways.-(f) Nothing in this Act shall be construed to prevent the Secretary of War from designating routes in the navigable airspace 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 Secretary of Commerce 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 (14 Stat. 571); U. 8. C. 49: 175,

51109-3023

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 twelve 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; 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 five 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: Provided, That the members of the Advisory Committee for Aeronautics, as such, shall serve without compensation; * ** Act of Mar. 3, 1915 (38 Stat.930); U. S. C. 50: 151.

That the membership of the National Advisory Committee for Aeronautics is hereby increased from twelve members to fifteen members: Provided, That the three additional members to be appointed by the President shall be acquainted with the needs of aeronautical science, either civil or military, or skilled in aeronautical engineering or its allied sciences, and shall serve as such without compensation. Act of Mar. 2, 1929 (45 Stat. 1451); U. S. C. 50: 151a.

522. Same; duties.-* ** **

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 aeronautics 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); U. S. C. 50: 151, 153.

串 Provided, That the Secretary of War is author

ized and directed to furnish office space to the National Advisory Committee Sec. 1, act of July 1, 1918 (40 Stat. 650), making appropriations for sundry civil cxpenses; U. S. C. 50: 152.

for Aeronautics in governmental buildings occupied by the Signal Corps.

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) making appropriations for the Executive Office and Independent Establishments; U. S. C. 50: 154.

For R. S. 3709, requiring advertising for bids, see 730, post.

*

* Here

525. Examination as to sufficiency of sureties and amount.after every officer required by law to take and approve official bonds shall cause the same to be examined at least once every two years for the purpose of ascertaining the sufficiency of the sureties thereon; and every officer having power to fix the amount of an official bond shall examine it to ascertain the sufficiency of the amount thereof and approve or fix said amount at least once in two years and as much oftener as he may deem it necessary. Sec. 5, act of Mar. 2, 1895 (28 Stat. 807), making appropriations for legislative, executive, and judicial expenses; U. S. C. 6: 2.

Notes of Decisions

Examination by United States attorney.United States attorneys are not authorized, and can not be required by the Navy Department, to make examination into the

sufficiency of sureties upon official bonds provided for in this section. (1895) 21 Op. Atty. Gen. 154.

526. Renewal.-* Hereafter every officer whose duty it is to take and approve official bonds shall cause all such bonds to be renewed every four years after their dates, but he may require such bonds to be renewed or strengthened oftener if he deem such action necessary. In the discretion of such officer the requirement of a new bond may be waived for the period of service of a bonded officer after the expiration of a four-year term of service pending the appointment and qualification of his successor: * *. Sec. 5, act of Mar. 2, 1895 (28 Stat. 808), making appropriation for legislative, executive, and judicial expenses; U. S. C. 6: 3.

All disbursing officers of the pay department shall renew their bonds, or furnish additional security, at least once in four years, and as much oftener as the President may direct. R. S. 1192; U. S. C. 10: 1314.

The provsions of R. S. 1192 are now applicable to officers of the Finance Department, created by sec. 9, act of June 4, 1920, 68, ante.

Notes of Decisions

527. Liability of principal and sureties.-* formance of any requirement of this section on the part of any official of the Government shall not be held to affect in any respect the liability of principal or sureties on any bond made or to be made to the United States: Provided further, That the liability of the principal and sureties on all official bonds shall continue and cover the period of service ensuing until the appointment and qualification of the successor of the principal: Sec. 5, act of Mar. 2,

528. Premium limited in amount and not to be paid by the United States.Until otherwise provided by law no bond shall be accepted from any surety or bonding company for any officer or employee of the United States which shall cost more than thirty-five per centum in excess of the rate of premium charged for a like bond during the calendar year nineteen hundred and eight: Provided, That hereafter the United States shall not pay any part of the premium or other cost of furnishing a bond required by law or otherwise of any officer or employee of the United States. Act of Aug. 5, 1909 (36 Stat. 125); U. S. C. 6:14.

Notes of Decisions

529. Sureties; notification of default of principal.-That thereafter, whenever any deficiency shall be discovered in the accounts of any official of the United States, or of any officer disbursing or chargeable with public money, it shall be the duty of the accounting officers making such discovery to at once notify

the head of the department having control over the affairs of said officer of the nature and amount of said deficiency, and it shall be the immediate duty of said head of department to at once notify all obligors upon the bond or bonds of such official of the nature of such deficiency and the amount thereof. Said notification shall be deemed sufficient if mailed at the post office in the city of Washington, District of Columbia, addressed to said sureties respectively, and directed to the respective post offices where said obligors may reside, if known; but a failure to give or mail such notice shall not discharge the surety or sureties upon such bond. Sec. 1, act of Aug. 8, 1888 (25 Stat. 387); U. S. C. 6:4.

Notes of Decisions

530. Same; limitation of action against.-That if, upon the statement of the account of any official of the United States, or of any officer disbursing or chargeable with public money, by the accounting officers of the Treasury, it shall thereby appear that he is indebted to the United States, and suit therefor shall not be instituted within five years after such statement of said account, the sureties on his bond shall not be liable for such indebtedness. Sec. 2, act of Aug. 8, 1888 (25 Stat. 387); U. S. C. 6:5.

The General Accounting Office (see 1665, post), rather than the Treasury, would probably now make the statement provided for in this section.

Notes of Decisions

531. Same; priority rights against insolvent principal.-Whenever the principal in any bond given to the United States is insolvent, or whenever, such