tatives, 83d Cong., on H. R. 6817, H. R. 6818, and H. R. 7394). In view of the foregoing, it is recommended that a subsection "(d)" be added to section 26 of S. 1119. to read as follows:

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(d) (1) Section 610 (b) of the Civil Aeronautics Act of 1938, as amended, is further amended by deleting the word "Foreign" from the title; by renumbering the existing section "(b)" as "(b) (1)", and by adding the following new paragraph “(b) (2)":

(b) (2) The provisions of subsection 610 (a) (2) and (3) shall not apply to military or civilian employees of the United States Department of Defense rendering mechanical, technical, or other assistance to civil aircraft, while in the performance of their official duties.'

(b) The Department of Defense objects, basically, to any legislation which would give a civil agency the statutory authority to regulate and control military flying. Military aviation is an inherently hazardous activity which must be pursued in the interests of national defense. It regularly requires difficult flight maneuvers, formations, exercises and attitudes as well as operation of aircraft at high speeds, high gross weights and from unimproved landing areas; all of which have no parallel in civil aviation. Many of the normal and necessary operations of military aircraft would probably be classified as careless or reckless operations should they be attempted or undertaken by civil aircraft. The Armed Forces have promulgated flight regulations to cope with the needs of military aviation, violations of which may be punished by courts-martial. At the same time the Department of Defense recognizes that, in the interests of safety in flight, certain uniform rules regulating the use of airspace by both civil and military aircraft should be prescribed. However, such uniform rules are necessary, and compatible with the mission of agencies of the Department of Defense, only with respect to the types of flight set out in the following proposed addition to section 26 of S. 1119 (as it would be amended by the amendment proposed in foregoing paragraph 8(a) of this report):

"(d) (2). Section 610 (b) of the Civil Aeronautics Act of 1938, as amended, is further amended by adding the following new paragraph (b) (3)':

"(b) (3) a. The provisions of subsection 610 (a) (5) of this title shall not apply to military personnel or civilian employees of the United States Department of Defense while operating aircraft of the national defense forces of the United States, except with respect to violation of any air traffic rule or regulation involving

""i. Right-of-way and proximity of aircraft, when both aircraft of the national defense forces of the United States and civil aircraft are jointly involved, or

"'ii. Flight within control zones and control areas, or

"'iii. Operation on or in the vicinity of an airport (other than a military airbase or military landing area), or

"'iv. Flight under instrument flight rules and conditions;

"'b. Nor shall the provisions of subsection 610 (a) (5) apply to military personnel or civilian employees of the United States Department of Defense operating aircraft of the national defense forces of the United States while engaged in a military operation with due notice to the appropriate civil airways officer in the area concerned.'"

9. The new paragraph "(2)", proposed for section 1002 (h) of the Civil Aeronautics Act of 1938, by section 34 of S. 1119, should be amended by striking the period at the end thereof, and by adding after the word "contractor" (line 16, page 42 of the bill), the following:

", or to renegotiable contracts with an agency of the Department of Defense." Subject to amendment in the foregoing manner, the Department of Defense has no objection to S. 1119.

The Department of Defense is unable to estimate the fiscal effects of the proposed legislation.

This report has been coordinated within the Department of Defense in accordance with procedures prescribed by the Secretary of Defense.

Time has not permitted submission of this report to the Bureau of the Budget. Sincerely yours,

ROGER LEWIS, Assistant Secretary of the Air Force.

Senator MONRONEY. If there are no further witnesses, then, the subcommittee will stand in recess until 10 o'clock tomorrow morning. (Whereupon, at 3:50 p. m., the subcommittee was adjourned, to reconvene at 10 a. m., Thursday, April 28, 1955.)

CIVIL AERONAUTICS ACT AMENDMENTS OF 1955

THURSDAY, APRIL 28, 1955

UNITED STATES SENATE,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

SUBCOMMITTEE ON AVIATION,
Washington, D. C.

The subcommittee met, pursuant to adjournment, at 10: 10 a. m., in room G-16, United States Capitol, Senator A. S. Mike Monroney (chairman of the subcommittee) presiding.

Present: Senators Monroney, Bible, and Schoeppel.

Also present: Edward C. Sweeney, aviation counsel.

Senator MONRONEY. The Aviation Subcommittee will be in order. Our first witness is Mr. Kalijarvi, Deputy Assistant Secretary of State for Economic Affairs.

Mr. Kalijarvi, will you come forward, please.

We appreciate your courtesy in appearing before the committee and are glad to have the benefit of your views on these two aviation bills, and we would be glad to have you proceed in your own way.

STATEMENT OF T. V. KALIJARVI, DEPUTY ASSISTANT SECRETARY OF STATE FOR ECONOMIC AFFAIRS, ACCOMPANIED BY J. PAUL BARRINGER, DIRECTOR OF THE OFFICE OF TRANSPORT AND COMMUNICATION, DEPARTMENT OF STATE

Mr. KALIJARVI. Thank you, Mr. Chairman. The Department is very much interested in the two bills. It feels, however, that most of the bills are concerned with other agencies, rather than the Department itself. There are two principal provisions that the Department is very much concerned about: one in S. 308, and the other in S. 1119. Therefore, my statement would be very short.

The Department of State is interested in S. 308 and S. 1119 from the standpoint of the development of international aviation and the effect which enactment might have on the foreign relations of the United States.

There are two sections of the bills-or -one in S. 308 and another in S. 1119-which are of primary interest to the Department of State, as I said before. The views of the Department with respect to the amendments proposed in these sections are as follows:

The first amendment of primary interest to the Department of State is contained in section 30 of S. 308.

Section 30 of Senate bill 308 provides for the addition of a paragraph (b) to section 802 of the act to prohibit the conclusion except by treaty of any multilateral agreement between the United States and foreign governments which (1) generally grants a foreign gov

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ernment, or foreign airline a right to operate in air transportation or air contract service or (2) provides for United States participation in an international organization for regulation or coordination of international aviation.

In this regard, it should be noted that the only international aviation organization in which the United States participates is the International Civil Aviation Organization, ICAO.

The provisions for the establishment of this organization are contained in the Convention on International Civil Aviation, a treaty submitted to the Senate for its advice and consent to ratification. After extensive hearings before the Senate Committee on Foreign Relations, the 79th Congress on July 25, 1946, gave its advice and consent to ratification (92 Congressional Record 9972).

No multilateral agreement or treaty to which the United States is a party grants the right for foreign air carriers to exercise traffic rights in the United States, either as foreign air carriers or as foreign air contractors.

As is evident from the above analysis this Department has not concluded any agreements contrary to the provisions of section 802 (b). The other amendment of primary interest to the Department of State is that contained in section 27 of S. 1119.

Section 27 of S. 1119 provides for amendment of section 801 of the Civil Aeronautics Act of 1938, as amended. The proposed amendment would eliminate the requirement of Presidential approval on certificates authorizing an air carrier to engage in overseas transportation or air transportation between places in the same territory or possession and would limit the requirement for Presidential approval on certificates or permits for operations in foreign air transportation to cases in which the President determines that the national defense or the foreign relations of the United States would be affected by the transportation involved.

The amendment would also include a request that in any case in which the President did not approve the proposed decision of the Board, he should report to the Congress giving the reasons for his disapproval and the nature of the action which he proposed.

This Department recommends that the proposed amendments not be enacted. It is believed that the President in the exercise of his responsibilities relating to the national defense and to the interest of the United States in connection with international relations are such that he should have an opportunity to review any case dealing with operations beyond the continental United States and should not be requested to report his reasons for approving and disapproving proposed decisions of the Board except to the extent that he in his own discretion might consider such a report valuable to the welfare of the Nation.

In connection with the Committee's consideration of amendments to section 801 of the act as proposed in section 27 of S. 1119, the Department suggests that the committee consider a further amendment to require Presidential approval-in cases comparable to those in which such approval is required for air carrier certificates and foreign air carrier permits-of Civil Aeronautics Board action on licenses for the new categories of operators-air contractors and foreign air contractors-mentioned in section 21 of S. 1119.

In addition to the comments which I have just made, I would like at this point to invite the attention of the committee to two appendices which I am submitting to the committee for their consideration.

Appendix A contains a series of comments and recommendations on other sections of S. 308 and S. 1119 upon which the Department places special emphasis.

Appendix B contains comments and suggestions regarding other amendments of interest to the Department. I have confined my comments to those aspects of the bills which are of direct and immediate concern to the Department of State.

I hope they will be responsive to the committee needs. However, should the committee desire, further statements or answers to questions will be given gladly.

Senator BIBLE. Thank you, sir. Senator Schoeppel, do you have any questions?

Senator SCHOEPPEL. NO.

Mr. SWEENEY. Mr. Kalijarvi, would you elaborate on why you feel it is necessary for the President to retain the power of approving certificates and licenses with respect to overseas air transportation; that is, transportation in and to United States possessions and Territories?

Mr. KALIJARVI. The basis is that the President has responsibility for overseas operations, and it is our feeling that he should exercise the control, because of that particular approach or that particular responsibility.

Perhaps, Mr. Barringer, you could give some details as to some of the basic thinking on this.

Mr. BARRINGER. I would be glad to, Mr. Chairman, with your permission, I will elaborate a little further on that.

Senator BIBLE. Certainly, Mr. Barringer. Please do so.

Mr. BARRINGER. It is felt that on air transportation beyond the continental limits of the United States has as its extension transportation routes to foreign countries, and, consequently, may affect the conduct of foreign affairs in such a way as to basically affect the President's primary responsibility in these fields, and it is felt by the Department that the President, therefore, should have this opportunity to express approval or disapproval of routes in those areas.

Mr. SWEENEY. I was referring particularly to certificates that relate to routes within Hawaii or within Alaska. I believe they come now within the power of the President too, do they not?

Mr. BARRINGER. The Department of State, from the point of view of the conduct of foreign affairs, would not be concerned with these particular routes. It is the extension of those routes into foreign territories that is the concern of the Department of State and of the President, of course.

Mr. SWEENEY. Such extensions would come within the term of foreign air transportation, I believe.

Mr. BARRINGER. Yes, that is correct, Mr. Sweeney.

Mr. SWEENEY. The witness for the Post Office Department yesterday, I believe, the Solicitor of the Department, raised the question as to whether postal conventions and agreements might come within the scope of these proposed amendments.