BUREAU OF CIVIL AIR NAVIGATION IN THE DEPART MENT OF COMMERCE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE, HOUSE OF REPRESENTATIVES, The committee met at 10 o'clock a. m., Hon: Samuel E. Winslow (chairman) presiding. The CHAIRMAN. If the committee and the visitors will kindly come to order, we will proceed to the consideration of H. R. 10522, as follows, which relates to the establishment of commercial aviation: A BILL To create a Bureau of Civil Air Navigation in the Department of Commerce, encourage and regulate the navigation of civil aircraft, and for other purposes Be it enacted by the Senate and House of Representatives of United States of America in Congress assembled, TITLE I.-DOMESTIC AIR NAVIGATION PART 1.--BUREAU OF CIVIL AIR NAVIGATION ESTABLISHMENT OF BUREAU SECTION 1. The Secretary shall encourage, foster, and promote civil air navígation in accordance with the provisions of this act. For such purposes there is established in the Department of Commerce a bureau to be known as the bureau of civil air navigation, under the direction of a commissioner of civil air navigation, who shall be appointed by the Secretary and whose salary shall be fixed in accordance with the classification act of 1923. Except as otherwise specially provided, the administration of any function authorized by Title I or II of this act, or by regulations of the Secretary made thereunder, is vested in the commissioner under the supervision of the Secretary. GENERAL POWERS OF SECRETARY SEC. 2. The Secretary is authorized- (a) In accordance with the civil service laws, to appoint in the Bureau and, in accordance with the classification act of 1923, to fix the compensation of, an assistant commissioner of air navigation, a chief clerk, and such other officers and employees as may from time to time be required for the purposes of this title and of Title II and be provided for by the Congress. The assistant commissioner shall perform such duties as the Secretary may prescribe, and during the absence of incapacity of the commissioner, or during a vacancy in the office of the commissioner, the assistant commissioner shall act as commissioner. The provisions of this subdivision shall not be construed to prevent the appointment in the bureau of an officer detailed under section 5. (b) In accordance with the civil service laws, to appoint in the office of the Solicitor of the Department of Commerce, and, in accordance with the classification act of 1923, to fix the compensation of three attorneys and such additional law clerks as may from time to time be required for the purposes of this title and be provided for by the Congress. The compensation of such attorneys and law clerks shall be paid out of the appropriations made for the administration of the functions vested in the Secretary or in the bureau or the commissioner by this act. (c) To make such regulations as are necessary to execute the functions vested in him or in the bureau or the commission by this act. 1 GENERAL POWERS OF COMMISSION SEC. 3. The commissioner, with the approval of the Secretary, is authorized (a) To make such expenditures (including expenditures for personal services and rent at the seat of Government and elsewhere, and for law books, books of reference, and periodicals), as may be necessary efficiently to execute the functions authorized by Titles I and II and as may be provided for by the Congress from time to time. (b) To publish from time to time a bulletin setting forth all licenses and permits issued or revoked under the provisions of this act, together with field reports of all civil air-navigation activities, accidents, field and route data, and such other matters relating to the functions authorized by this act as he deems advisable. (c) To publish the treaties and laws of the United States relating to civil aeronautics and regulations issued thereunder, and collect and publish at least annually in the bulletin provided for in subdivision (b) all important court and administrative decisions in respect of such treaties, laws, and regulations, together with an index digest thereof cumulated from time to time. REPORTS SEC. 4. The commissioner shall report to the Secretary annually at the close of each fiscal year and make such other reports as the Secretary may require. In the annual report the commissioner shall give an account of all moneys received and expenditures made by the bureau, and describe the work done by the bureau. The Secretary shall transmit such report to the Congress with the annual report of the Department of Commerce. DETAIL OF ABMY, NAVY, AND COAST GUARD OFFICERS SEC, 5. (a) The Secretary of Commerce may, whenever in his judgment he deems it advisable, request the Secretary of War, the Secretary of the Navy, or the Secretary of the Treasury to detail officers from the military forces, or from the naval forces, or from the Coast Guard or the United States Public Health Service in the Treasury Department, respectively, for service in the bureau of civil air navigation. If such request is complied with any officer so detailed shall be subject to the direction and control of the Secretary of Commerce in carrying on the service for which he is detailed. No officer shall, by reason of such detail, suffer any loss in military or naval grade, rank, or status. (b) Nothing in this act shall be construed to reduce the pay of any officer detailed to the bureau under this section to an amount less than that to which he is entitled in the service from which he is detailed; and rated flying officers when detailed to duty under the bureau shall be regarded as detailed to duty involving flying. (c) As used in this section, the term "pay" means pay and allowances, including increase in pay and allowances for officers detailed to duty involving flying. DISSEMINATION OF AIR-NAVIGATION INFORMATION SEC. 6. The commissioner is authorized (1) To make from time to time studies for the development of civil air navigation in the United States, and to collect and disseminate information relative thereto; but nothing in this act shall be held to authorize the commissioner to establish or operate any research or experimental laboratory or make any scientific or technical investigation authorized under existing law to be made in any other governmental agency, nor to authorize the commissioner to collect or disseminate information relative thereto. (2) To make from time to time comprehensive surveys and inventories of all civil air-navigation resources within the United States. (3) To investigate, record, and make public from time to time the causes of accidents in civil air navigation in the United States. TEMPORARY APPROPRIATION SEC. 7. For expenses in the administration of the functions vested in the Secretary or in the bureau or the commissioner by this act there is hereby authorized to be appropriated the sum of $375,000 to be available for such expenses incurred prior to July 1, 1926. PART 2.-AIRCRAFT OF THE UNITED STATES SCOPE OF REGULATIONS SEC. 21. Inasmuch as air navigation is a unit and does not regard State lines, and the elements thereof ordinarily subject to regulation by the States are so mingled with those elements subject to regulation by the Federal Government that the Federal Government can not effectively regulate, prevent interference with, and safeguard interstate and foreign commerce by air navigation without incidental regulation of interstate commerce by air navigation and of air navigation for other than commercial purposes, the provisions of this title shall apply in respect of all air navigation in the United States, and to aircraft and airmen engaged, and to air-navigation facilities used, in such navigation. REGISTRATION SEC. 22. (a) The Secretary shall by regulation provide for the registration of aircraft as civil aircraft of the United States; but no aircraft shall be so registered (1) if it is registered under the laws of any foreign country, and (2) unless it is a civil aircraft and is owned by a citizen of the United States. Any aircraft registered shall be issued a certificate of registry. (b) No aircraft shall at any time be held a civil aircraft of the United States unless at such time the aircraft is registered in accordance with the provisions of this title or unless it is exempt from such registration by regulation of the Secretary made under the provisions of section 26. IDENTIFICATION SEC. 23. The Secretary is authorized by regulation to provide for the identification and marking of civil aircraft in the United States. SAFETY INSPECTION AND REGULATION OF AIRCRAFT AND AIRMEN IN THE UNITED STATES SEC. 24. In order to safeguard life and property and protect air commerce and navigation, but for no other purpose, the Secretary is authorized by regulation to (a) Provide for the inspection and testing from time to time of civil aircraft in the United States, as to their airworthiness. Civil aircraft found upon such inspection and test to be airworthy shall be issued a certificate of airworthiness. (b) Provide for the inspection and testing from time to time of civil air navigation facilities in the United States, as to their suitability for safe and efficient use by aircraft. Civil air navigation facilities found upon such inspection and testing to be suited for such use shall be issued an air-service certificate. (c) Provide the following rules for the navigation of aircraft in the United States: Rules of the air, including rules for taking off and alighting; signal rules for the conduct and protection of air navigation in the United States, including signal rules for land and water structures, air routes, and air navigation facilities; rules as to safe altitudes of flight, the use of ballast, the use of buoyancy gases, and the operation of anchored aircraft in the United States; rules for the navigation of aircraft upon waters within the United States; and rules for the prevention of collisions between vessels and aircraft upon such waters. (b) Provide for the examination and determination of the qualifications of individuals to serve as airmen upon or in connection with civil aircraft in the United States. Such examination shall be based upon the character, physical fitness, training, and practical experience of the airman. Any individual found upon such examination to be qualified shall be issued an airman's certificate. (e) Provide for the maintenance of log books for civil aircraft in the United States. UNLAWFUL NAVIGATION OF AIRCRAFT SEC. 25. Except as provide in section 26- (a) No civil aircraft shall be navigated in the United States by any person unless (1) it is registered as a civil aircraft of the United States or is exempt |
