PROVISIONS IN THE COMMUNICATIONS ACT OF 1934

[Act of June 19, 1934, 48 Stat. 1082; as amended by Act of August 28, 1958, 72 Stat. 981; and Act of April 27, 1962, 76 Stat. 64]

SEC. 303. [47 U.S.C. 303] Except as otherwise provided in this Act, the Commission from time to time, as public convenience, interest, or necessity requires, shall

(1) Have authority to prescribe the qualifications of station operators, to classify them according to the duties to be performed, to fix the forms of such licenses, and to issue them to such citizens or nationals of the United States as the Commission finds qualified, except that in issuing licenses for the operation of radio stations on aircraft the Commission may, if it finds that the public interest will be served thereby, waive the requirement of citizenship in the case of persons holding United States pilot certificates or in the case of persons holding foreign aircraft pilot certificates which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments.

SEC. 310. [47 U.S.C. 310] (a) The station license required hereby shall not be granted to or held by

(1) Any alien or the representative of any alien;

*

Notwithstanding paragraph (1) of this subsection, a license for a radio station on an aircraft may be granted to and held by a person who is an alien or a representative of an alien if such person holds a United States pilot certificate or a foreign aircraft pilot certificate which is valid in the United States on the basis of reciprocal agreements entered into with foreign governments.

254

PROVISIONS IN THE IMMIGRATION AND

NATIONALITY ACT

[Act of June 27, 1952, 66 Stat. 203]

DESIGNATION OF PORTS OF ENTRY FOR ALIENS ARRIVING BY CIVIL AIRCRAFT

SEC. 239. [8 U. S. C. 1229] The Attorney General is authorized (1) by regulation to designate as ports of entry for aliens arriving by aircraft any of the ports of entry for civil aircraft designated as such in accordance with law; (2) by regulation to provide such reasonable requirements for aircraft in civil air navigation with respect to giving notice of intention to land in advance of landing, or notice of landing, as shall be deemed necessary for purposes of administration and enforcement of this Act; and (3) by regulation to provide for the application to civil air navigation of the provisions of this Act where not expressly so provided in this Act to such extent and upon such conditions as he deems necessary. Any person who violates any regulation made under this section shall be subject to a civil penalty of $500 which may be remitted or mitigated by the Attorney General in accordance with such proceedings as the Attorney General shall by regulation prescribe. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft, and such aircraft may be libeled therefor in the appropriate United States court. The determination by the Attorney General and remission or mitigation of the civil penalty shall be final. In case the violation is by the owner or person in command of the aircraft, the penalty shall be a lien upon the aircraft and may be collected by proceedings in rem which shall conform as nearly as may be to civil suits in admiralty. The Supreme Court of the United States, and under its direction other courts of the United States, are authorized to prescribe rules regulating such proceedings against aircraft in any particular not otherwise provided by law. Any aircraft made subject to a lien by this section may be summarily seized by, and placed in the custody of such persons as the Attorney General may by regulation prescribe. The aircraft may be released from such custody upon deposit of such amount not exceeding $500 as the Attorney General may prescribe, or of a bond in such sum and with such sureties as the Attorney General may prescribe, conditioned upon the payment of the penalty which may be finally determined by the Attorney General.

[This Act contains numerous provisions relating to the entry or departure of passengers into or out of the United States by aircraft, which are not included herein. See also the provisions of section 1109 of the Federal Aviation Act, ante, p. 81.]

255

CONTROL OF TRANSPORTATION SYSTEMS IN TIME OF WAR

[Act of August 10, 1956; 70A Stat. 1]

[70A Stat. 266, 10 U.S.C. 4742] CONTROL OF TRANSPORTATION

SYSTEMS IN TIME OF WAR:

In time of war, the President, through the Secretary of Army, may take possession and assume control of all or part of any system of transportation to transport troops, war material, and equipment, or for other purposes related to the emergency. So far as necessary, he may use the system to the exclusion of other traffic.

[70A Stat. 587, 10 U.S.C. 9742] CONTROL OF TRANSPORTATION

SYSTEMS IN TIME OF WAR:

In time of war, the President, through the Secretary of Air Force, may take possession and assume control of all or part of any system of transportation to transport troops, war material, and equipment, or for other purposes related to the emergency. So far as necessary, he may use the system to the exclusion of other traffic.

256

EXECUTIVE ORDER NO. 9746

[11 Fed. Reg. 7329, as amended by Executive Order No. 10595, 3 d. F. R. 1955, Supp's p. 58-591

AUTHORIZING THE SECRETARY OF WAR AND THE GOVERNOR OF THE PANAMA CANAL TO PERFORM CERTAIN FUNCTIONS RELATING TO THE PANAMA CANAL AND THE CANAL ZONE

By virtue of the authority vested in me by the Constitution and the laws of the United States, including the Canal Zone Code, approved June 19, 1934, as amended, and as President of the United States, it is hereby ordered as follows:

1. The Secretary of Army is authorized to exercise the powers vested in the President by the following provisions of law:

(b) Canal Zone Code, title 2, section 14 as added by section 1 of the act of July 9, 1937, ch. 470, 50 Stat. 486 (48 U. S. C. 1314a), relative to making, altering, and amending rules and regulations governing aircraft, air navigation, air-navigation facilities, and aeronautical activities within the Canal Zone.

2. The Secretary of Army, after consultation with the Secretary of State, shall exercise the powers vested in the President by Canal Zone Code, title 2, section 141 (48 U. S. C. 1321), relative to making, altering, and amending rules and regulations (a) touching the right of any person to enter or remain upon or pass over any part of the Canal Zone, and (b) for the detention of any person entering the Canal Zone in violation of such rules and regulations, and the return of such person to the country whence he came.

3. The Secretary of Army, after consultation with the Secretary of the Navy as to the establishment, alteration, and discontinuance of naval reservations, shall exercise so much of the powers vested in the President by Canal Zone Code, title 2, section 5, as relates to authorizing the establishment, alteration, and discontinuance of military and naval reservations in the Canal Zone.

5. The officers authorized hereunder to exercise powers of the President may exercise such powers without the necessity of any signature, approval, ratification, or other act of the President; and all officers, officials, and employees of the United States, including disbursing, accounting, and auditing officers, shall give the same effect to any acts of those authorized hereunder to exercise powers as if exercised by the President. Nothing contained in this order shall be construed to limit or restrict the right of the President to exercise any power referred to in this order.

6. All provisions of prior Executive orders and of rules and regulations promulgated under the provisions of law referred to in this order which are in effect on the date hereof and are not inconsistent with the provisions of this order shall remain in effect until superseded by action taken pursuant to the provisions of this order.

THE WHITE HOUSE,
July 1, 1946.

HARRY S. TRUMAN.