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AMENDMENTS TO CIVIL AERONAUTICS ACT OF 1938

TUESDAY, FEBRUARY 2, 1943

HOUSE OF REPRESENTATIVES,
COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

Washington, D.C
The committee met, pursuant to call, at 10 a. m., Hon. Clarence F.
Lea (chairman) presiding.

The CHAIRMAN. The committee will come to order. We have met this morning for a hearing on H. R. 1012, a bill to amend the Civil Aeronautics Act of 1938, as amended, and for other purposes. (H. R. 1012 above referred to is as follows:)

[H. R. 1012, 78th Cong., 1st sess.] A BILL To amend the Civil Aeronautics Act of 1938, as amended, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the Civil Aeronautics Act of 1943”.

REPORTS TO CONGRESS

TRANSPORTATION OF MAIL

SEC. — (a) The Civil Aeronautics Board and the Postmaster General, respectively, are empowered and directed to investigate and report to the Congress within one year from the effective date of this Act concerning the feasibility and advantages of transporting by air all classes of mail wherever delivery thereof would be speeded by the use of air transportation, and there shall be included in such reports a plan for accomplishing such transportation and the recommendations concerning the time when such plan should be put into effect.

POST-WAR PLANNING

(b) The Civil Aeronautics Board is empowered and directed to investigate and report to the Congress within one year from the effective date of this Act, or as soon thereafter as may be feasible, concerning the probable technological and commercial developments in air commerce which may be anticipated during the immediate post-war period, and shall include in such report a plan or plans for the sound and swift development of the air commerce of the United States in a manner which will assure preeminence of the United States in the field of aeronautics, and which will assure the most effective accomplishment of the declarations of policy set forth in the Civil Aeronautics Act of 1938, as amended. The Civil Aeronautics Board shall include within the scope of its investigation and report, among other things, a thorough study of the feasibility of transporting property by air, the probable costs of such transportation, and the most desirable means for the development of such transportation.

SEC. 2. Section 1 (2) of the Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting after the word "arrangement" the words "and whether as a forwarder or otherwise" and by striking the proviso and inserting in lieu thereof a new proviso as follows: "Provided, That the Authority may by order make the provisions of this Act inapplicable to air carriers who are

not directly engaged in the operation of aircraft in air transportation to the extent and for such periods as may be in the public interest."

SEC. 3. Section 1 (3) of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

“(3) 'Air commerce' means the operation or navigation of aircraft (a) upon any landing area in the United States or in the air space overlying the United States, or (b) between a place in the United States and any other place in the United States or any place outside of the United States."

SEC. 4. Section 1 of the Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting after subsection (3) thereof a new subsection, and by changing the designations of the succeeding subsections accordingly. Such new subsection shall read as follows:

“(4) ‘Air contractor' means any person who undertakes, whether directly or indirectly, or by a lease or any other arrangement, and whether as a forwarder or otherwise, to engage in interstate, overseas, or foreign air commerce otherwise than as a common carrier."

SEC. 5. Section 1 (19) of the Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting after the word “arrangement” the words "and whether as a forwarder or otherwise".

SEC. 6. Section 1 (20) of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

“(20) 'Interstate air commerce', 'overseas air commerce', and 'foreign air commerce', respectively, mean the carriage by aircraft of persons or property for compensation or hire in commerce between, respectively

“(a) a place in any State of the United States, or the District of Columbia, and any other place in any State of the United States, or the District of Columbia ; or between places in the same Territory or possession (except the Philippine Islands) of the United States;

“(b) a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States, and a place in any other Territory or possession of the United States; and

"(c) a place in the United States and any place outside thereof, whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation."

SEC. 7. Section 1 (21) of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

“(21) 'Interstate air transportation,' 'overseas air transportation,' and 'foreign air transportation, respectively, mean the carriage by aircraft of persons or property as a common carrier for compensation or hire or the carriage of mail by aircraft, in commerce between, respectively

“(a) a place in any State of the United States, or the District of Columbia, and any other place in any State of the United States, or the District of Columbia ; or between places in the same Territory or possession (except the Philippine Islands) of the United States;

"(b) a place in any State of the United States, or the District of Columbia, and any place in a Territory or possession of the United States; or between a place in a Territory or possession of the United States, and a place in any other Territory or possession of the United States; and

“(c) a place in the United States and any place outside thereof, whether such commerce moves wholly by aircraft or partly by aircraft and partly by other forms of transportation."

SEC. 8. Section 2 of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

“FINDINGS AND DECLARATION OF POLICY

"SEC. 2. For the reasons hereinafter enumerated, the promotion and protection of interstate and foreign commerce by air and the conservation, promotion, and development of civil aeronautics as a vital national asset for the national defense, the national commerce, the Postal Service, and the general welfare, require the national regulation and promotion of the operation and navigation of all civil aircraft using the air space of the United States or in commerce to or from the United States, and the national regulation and promotion of all

civil aeronautical enterprises involving transportation by aircraft in such air space or commerce.

“(a) Due to the speed and mobility of aircraft, due to the mechanical delicacy of aircraft and of other instrumentalities of air navigation, and due to the medium used in air navigation

“(1) the operation of any aircraft in any of the air space over the several States may adversely affect, endanger, burden, or interfere with other aircraft engaged in military or postal operations or in commerce among the several States, Territories, and possessions, or with foreign nations;

“(2) uniform regulations affecting the manufacture, employment, and operation of aircraft are essential in order to promote safety in the operation of aircraft throughout the United States and to avoid hazards arising from confusion, uncertainty, or misunderstanding respecting such regulations ;

(3) aircraft are used and useful primarily as an instrumentality of military and postal operations and of commerce among the several States, Territories, and possessions, or with foreign nations. Moreover, the entire air space of the United States is available as a highway for such operations and commerce, which cannot practically be confined to defined and limited

airways. “(b) Due to the potentialities of civil aeronautics as a means for increasing the national wealth and welfare, for combating unemployment, for facilitating commerce among the several States, Territories, and possessions, and with foreign nations; for contributing to the national defense, for improving the Postal Service, and for furthering national policy in the international commonwealth,

“(1) the development and regulation of civil aeronautics both for commerce and for pleasure should be subject to unified national planning and control;

“(2) the development of civil aeronautics should proceed as rapidly as possible so as to achieve a major place in the national economy upon a sound foundation;

"(3) familiarity with, and skill in, the use and operation of aircraft and other instrumentalities of air navigation, both for commerce and for pleasure, should be widespread among the populace in order to provide necessary national assets for use in peace and in war;

"(4) a closely integrated system for the conduct of commerce by air should be developed and protected in order to make the advantages of aerial communication, trade, and travel fully available to all points within the Nation on fair and reasonably uniform terms, without trade or other

barriers or sectional advantages.” SEC. 9. Section 302 (a) of the Civil Aeronautics Act of 1938, as amended, is hereby amended by striking out the proviso at the end of the first sentence thereof.

SEC. 10. The Civil Aeronautics Act of 1938, as amended, is hereby amended by striking out section 302 (c).

SEC. 11. Section 303 of the Civil Aeronautics Act of 1938, as amended, is hereby amended by striking out the words "made after consultation with the Authority,"; by making the present section subsection (a), to be entitled :

"FUNDS EXPENDED UNDER OTHER AUTHORITY”

and by add the following new subsection:

"CONDITIONS "(b) The Administrator is authorized and directed in connection with the expenditure of Federal funds for or on landing areas under section 302 or in accordance with his certification under this section, to require such conditions as will result in the protection of approaches to such landing areas and the freedom of such approaches from obstructions to aerial navigation. Among other steps to this end, he is authorized to enter into contracts with bodies politic, on behalf of the United States, to assure enforcement or compliance with such conditions."

SEC. 12. Section 305 of the Civil Aeronautics Act of 1938, as amended, is amended by striking the phrase "subject to the approval of the Authority”.

SEC. 13. Section 307 of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows:

"DEVELOPMENT PROGRAM FOR AIR-NAVIGATION FACILITIES "SEC. 307. The Administrator shall, after consultation from time to time with the Authority, prepare and thereafter maintain a development program for airports and other air-navigation facilities designed most effectively to promote the national defense and a national and international system of air commerce. Such program shall include provision for the prompt installation or improvement of air-navigation facilities, to the extent appropriate in the interest of safety and efficiency, upon the issuance by the Authority of certificates of convenience and necessity for air transportation, or amendments thereto. In formulating and maintaining such program the Administrator shall take into account probable technological developments in the science of aeronautics, military and civil, the likely growth and requirements of air commerce, and such other matters as will contribute to a program which at all times will keep ahead of the needs of the national defense and of air commerce. He also shall take into account the necessity for assuring that the approaches to airports shall be as free of obstructions as reasonably possible. The Administrator shall seek to exercise his powers under section 302 and secticn 303 in accordance with such program. The Administrator shall report to Congress from time to time, and in any event at least once a year, concerling such program and progress made toward its accomplishment; copies of such reports shall be distributed as are other reports transmitted to Congress."

SEC. 14. The Civil Aeronautics Act of 1938, as amended, is hereby further amended by inserting after section 307 the following additional sections:

"TRAINING OF AERONAUTICAL TECHNICIANS AND MECHANICS "Sec. 308. The Administrator is authorized and directed, within the limits of available appropriations made by the Congress, to train aeronautical pilots and other technicans and mechanics and to conduct programs for such training, including studies and researches as to the most desirable qualifications for such

pursuant to such regulations as the Administrator may prescribe, including regulations respecting the maintenance of appropriate insurance and reasonable laboratory and other fees, and may be carried out either through the use of the facilities and personnel of the Administrator or by contracts with educational institutions or other persons. In the administration of this section none of the benefits of the training or programs shall be denied on account of race, creed, or color, and at least 5 per centum of the students selected for training pursuant to this section shall be selected from applicants other than college students. Any executive department or independent establishment is hereby authorized to cooperate with the Administrator in carrying out the purposes of this section, and may lend or transfer to the Administrator, by contract or otherwise, and may lend to educational institutions or other persons cooperating with the Administrator pursuant to this section, civilian officials, experts or employees, aircraft and other property or equipment, and lands or buildings under its control. The Administrator is authorized to lease or accept loans of such real property and to purchase, lease, exchange, or accept loans for such personal property, as may be necessary or desirable for carrying out the provisions of this section. For the purpose of carrying out this section, the Administrator is authorized to appoint and fix the compensation of experienced instructors, airmen, medical

out 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 or other persons for the use of aircraft or other facilities or for the performance of services authorized by this section.

"AERONAUTICAL EDUCATION

"SEC. 309. The Administrator is authorized and directed to promote research in aeronautical education and to act as a clearing house for research projects; to prepare and disseminate aeronautical educational material; to confer with and cooperate with governmental and other agencies in regard to aeronautical education; to secure the cooperation and assistance of the various services of the United States Office of Education, and other agencies of the United States, in the promotion and carrying on of aeronautical .education; to assist the sev.

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