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The Air Line Pilot   Vol. 18-No. 5   June, 1949
Published Monthly by the Air Line Pilots Association, International, Affiliated with A. F. of L.
Editorial Offices: 3145 W. 63rd St., Chicago, Ill.

David L. Behncke..................President
Jerome E. Wood.........First Vice-President
F. A. Spencer.....................Secretary
R. G. Strait......................Treasurer

Vice-Presidents, Foreign
W. L. Martin...................Panagra-Lima
W. R. Everts.....................PAA-Brazil
H. G. Hoyt........................TWA-Cairo

Vice-Presidents, Domestic
H. G. Portman...................UAL-Chicago
A. F. Foster...................TWA-New York


Telephone GRovehill 6-2200
L. L. Caruthers...............Delta-Altanta
W. T. Babbitt.....................EAL-Miami
T. S. Bridges.................C&S-Caribbean
R. F. Render....................NWA-Eastern
P. C. Walters...............MCA-Kansas City
T. D. George.................Braniff-Dallas
E. A. Oliver.............Continental-Denver
R. E. Clark..............WAL-Salt Lake City
W. B. Wallace...................PAA-Seattle
R. W. Brady...............UAL-San Francisco
H. B. Cox........................AA-Burbank
S. L. Doepke..............PAA-Transatlantic
Lawrence Cates....Legislative Representative 
Entered as Second Class Matter March 11, 1933, at the Post Office at Chicago, Ill., under the Act of March 3, 1879. Copyright, 1949, by Air Line Pilots Association, International 
David L. BEHNCKE, Editor 
Annual Subscription, $2.50 
EDWARD C. MODES, Associate Editor

For Air Safety--H.R. 5561

July 8, 1949

IN THE HOUSE OF REPRESENTATIVES

Mr. Crosser of Ohio introduced the following bill; which was referred to the Committee on Interstate and Foreign Commerce. 

A BILL
To Create an independent Air Safety Board

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That title VII of the Civil Aeronautics Act of 1938, as amended, is hereby amended to read as follows: "Title VII--Air Safety Board "Creation and Organization of Board

"APPOINTMENT OF BOARD
"SEC. 701 (a) There is hereby created, as an independent agency in the executive branch, an Air Safety Board, to consist of five members, who shall be appointed by the President by and with the advice and consent of the Senate. Of the members first appointed, the President shall designate one to serve as Chairman of the Board for one year. Thereafter the Board shall annually elect one of its members as Chairman. 

"QUALIFICATIONS OF MEMBERS
"(b) Each member of the Board shall be a citizen of the United States. One of the offices of the Board may be held only by an individual who has flown not less than six thousand hours in scheduled air transportation and who was at the time of his nomination (except in the case of his nomination to succeed himself) an active air line pilot. One of the offices on the Board may be held only by a licensed private pilot who has flown not less than two thousand hours. In nominating individuals for appointment as members of the Board, the President shall give special consideration to the need to select individuals whose qualifications will insure efficient performance of the investigatory functions of the Board. No person shall be appointed to the Board who at the time of his appointment holds a position as officer or director of any air carrier, and no member of the Board shall have any pecuniary interest in any civil aeronautics enterprise. 

"TERMS AND SALARY OF BOARD MEMBERS
"(c) Board members shall be appointed for terms of six years, except that (1) members first appointed shall serve for terms ending, respectively, on the last day of the second, third, fourth, fifth, and sixth calendar years following the date of enactment of this amendatory section, as designated by the President at the time of nomination, and (2) any person appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed only for the remainder of such term. Each member of the Board shall receive a salary at the rate of $12,000 per annum.

"QUORUM, PRINCIPAL OFFICE AND SEAL
"(d) Three of the members shall constitute a quorum of the Board. The principal office of the Board shall be in the District of Columbia, where its general sessions shall be held, but whenever the convenience of the public or of the parties may be promoted, or delay or expense may be prevented, the Board may hold hearings or other proceedings at any other place in the United States. The Board shall have an official seal which shall be judicially noticed and which shall be preserved in the custody of the Secretary of the Board. 

"APPOINTMENT OF PERSONNEL
"SEC. 702. The Board shall appoint and prescribe the duties of such assistants and other employees as it shall deem necessary in exercising and performing its powers and duties under this title. The compensation of all employees appointed by the Board shall be fixed in accordance with the Classification Act of 1923, as amended. The Board may without regard to the civil-service laws engage for temporary service in the investigation of any accident involving civil aircraft, persons other than officers or employees of the United States and may fix their compensation without regard to the Classification Act of 1923, as amended, and may, with the consent of the head of the executive department or independent establishment under whose jurisdiction the officer or employee is service, secure  for such service any officer or employee of the United States. The Board may utilize the personnel and facilities of any executive department or independent establishment, with the consent of the head of such department or establishment, for purposes of experiments or tests necessary in the investigation of any accident involving civil aircraft. 

"EXPENDITURES
"SEC 703/ The Board is empowered to make such expenditures at the seat of government and elsewhere as may be necessary for the exercise and performance of its powers and duties and as from time to time may be appropriated for by Congress, including, but not limited to, expenditures for (a) rent and personal services at the seat of government and elsewhere; (b) travel expenses (including reasonable expenditures for transportation between airports and centers of population, whether or not such transportation is incidental to travel by aircraft_; (c) office furniture, equipment and supplies, lawbooks, newspapers, periodicals, and books of reference (including the exchange thereof); (d) printing and binding; (e) attendance at meetings and conventions when deemed in interest of safety in air navigation; (f) acquisition (including exchange), storage, operation, and maintenance of passenger-carrying automobiles, not more than three aircraft for air-safety experimental purposes, and such other property as is necessary in the exercise and performance of its powers and duties: Provided, That no aircraft or motor vehicle purchased under the provisions of this section shall be used otherwise than for official business. 

"DUTIES OF BOARD
"SEC. 704. The Board shall-
"(1) investigate, to such extent as it deems necessary in the interest of safety in air navigation, any accident involving civil aircraft, and make a report to the Civil Aeronautics Board and to the Administrator of Civil Aeronautics setting forth to the extent ascertained the facts, conditions, and circumstances relating to any such accident and the probably cause or causes thereof;

  "(2) transmit to the Civil Aeronautics Board and to the Administrator of Civil Aeronautics in connection with each such investigation such recommendations as in the opinion of the Air Safety Board will tend to prevent similar accidents in the future;

  "(3) make public any such report or recommendation, to such extent and in such form and manner as it shall determine;

  "(4) make rules and regulations governing the notification and report of accidents involving civil aircraft;

  "(5) prepare, transmit to the Civil Aeronautics Board and to the Administrator of Civil Aeronautics and make public such technical studies and reports based upon information developed from the investigation of accidents involving civil aircraft, or secured pursuant to paragraph (4), as it deems desirable in the interest of safety in air navigation;

  "(6) conduct such special studies and investigations on matters pertaining to safety in air navigation and the prevention of accidents as it may deem advisable; and 

  "(7) make such recommendations to the Administrator of Civil Aeronautics, to the Civil Aeronautics Board, to the National Advisory Committee for Aeronautics, to the Chief of the Weather Bureau, or otherwise, concerning safety regulations and practices, studies and investigations, research projects, or other matters, as will tend to reduce or eliminate the possibility of accidents involving civil aircraft. 

"USE OF INFORMATION IN COLLATERAL ACTIONS
"SEC. 705. In any action for damages, for a civil penalty (unless the action arises under this title), or for the suspension or revocation of a certificate issued under title VI -

"(1) no individual shall testify as to any matter which comes to his knowledge in the performance of his duties under this title in connection with an investigation; and 

"(2) no part of any record or report of the Board relating to any accident or the investigation thereof shall be admitted as evidence or used, if the action grows out of a matter mentioned in such record or report. 

"CONDUCT OF INVESTIGATIONS
"SEC 706. In conducting an investigation or a hearing in connection therewith, the Board or any member or employee of the Board or any other person engage or secured under section 702, shall have the same powers with respect to such investigation or hearing as the examiners or other employees of the Civil Aeronautics Board have with respect to hearings or investigations conducted by the Civil Aeronautics Board, subject to the provisions of the Administrative Procedure Act of 1946. Whenever practicable, at least one member of the Board shall go to the scene of each major accident being investigated under this title. 

"EVIDENCE FOR INVESTIGATIONS
"SEC. 707. Any aircraft, aircraft engine, propeller, appliance, or apparatus (fixed or mobile) affected by, or involved in, an accident in air commerce shall be preserved in accordance with, and shall not be moved except in accordance with, regulations prescribed by the Board. 

"ANNUAL REPORT OF THE BOARD
"SEC. 708. The Board shall make an annual report to the Congress on or before the 3d day of April, copies of which shall be distributed as are other reports submitted to Congress. Such report shall contain, in addition to a report of the work performed under this title, such information and data as may be considered of value in the determination of questions connected with the development and regulation of civil aeronautics, domestic and international, together with such recommendations as to additional legislation relation thereto as the Board may deem necessary. The Board may also transmit recommendations as to such additional legislation more frequently." 

"SEC 2. Sec 901 (a) of the Civil Aeronautics Act of 1938, as amended, is hereby amended by inserting "or the Air Safety Board" after "Postmaster General" in the first and second sentences thereof.

SEC. 3. (a) such personnel of the Civil Aeronautics Board, and such property (including office equipment and official records) of the Civil Aeronautics Board, as the Director of the Bureau of the Budget shall determine to have been employed by the Civil Aeronautics Board on the effective date of this section primarily in work connected with the exercise of functions transferred from the former
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