CIVIL AVIATION MEDICINE

MONDAY, APRIL 1, 1957

UNITED STATES SENATE,

COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE,

SUBCOMMITTEE ON AVIATION,

Washington, D. C.

The subcommittee met, at 10: 08 a. m., in room G-16, United States Capitol, Hon. A. S. Mike Monroney, presiding.

Senator MONRONEY. The Subcommittee on Aviation, of the Committee on Interstate and Foreign Commerce Committee, will be in order.

We have before us hearings on the bill S. 1045, by Senator Magnuson, to amend the Civil Aeronautics Act of 1938, as amended, by adding thereto new provisions relating to civil aviation medicine. (S. 1045 is as follows:)

[S. 1045, 85th Cong., 1st sess.]

A BILL To amend the Civil Aeronautics Act of 1938, as amended, by adding thereto new provisions relating to civil aviation medicine

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 Aviation Medical Act of 1957."

SEC. 2. The Civil Aeronautics Act of 1938, as amended, is amended by adding immediately after title XIII thereof the following new title:

"TITLE XIV-CIVIL AVIATION MEDICINE

"PURPOSE

"SEC. 1401. The purpose of this title is to improve safety in air commerce through the development and application of sound medical knowledge in civil aviation, consistently with the declaration of policy in section 2 of this Act.

"DEFINITIONS

"SEC. 1402. As used in this title, unless the context otherwise requires"(a) 'Civil aviation medicine' means air medicine as applied to civil aviation, and includes such factors as standards of physical and mental fitness for civil airmen, human requirements in aircraft design and operation, and methods of medical assessment and certification.

"(b) 'Consultant' means medical consultant whose skill, training, and experience qualify him to render advice in his field of specialty.

"(c) 'Council' means the Federal Advisory Council on Civil Aviation Medicine established by section 1409.

"(d) 'Designee' means a physician trained in aviation medicine and specifically designated by the Administrator to assess the physical fitness of civil airmen and applicants for medical certificates.

(NOTE. The staff members assigned to these hearings are Harold I. Baynton and John W. Black.)

"(e) 'Airman' has the meaning assigned to it by section 1 (6) of this Act, except that the term shall also include any individual who serve as airways "(f) 'Medical examiner' means any licensed physician who holds the degree of Doctor of Medicine, and who is authorized by the Administrator to perform physical and mental examinations of airmen who are required by Civil Air Regulations of the Civil Aeronautics Board to hold medical certificates.

"(g) 'Medical service' means medical activities in air commerce of the Administrator.

"CREATION AND ORGANIZATION OF OFFICE OF CIVIL AVIATION MEDICINE; DELEGATION OF FUNCTIONS

"SEC. 1403. (a) There is hereby established in the Civil Aeronautics Administration the Office of Civil Aviation Medicine, which shall be composed of (1) the Civil Air Surgeon; (2) Regional Flight Surgeons; and (3) the Civil Aeronautics Medical Research Laboratory.

"(b) There shall be at the head of the Office of Civil Aviation Medicine a Civil Air Surgeon, who shall have the seventeenth grade of the General Schedule in the Classification Act of 1949, as amended, without regard to section 505 (b) of such Act, and shall b in addition to the number of positions authorized to be placed in such grade under such Act.

"(c) There shall be in the Office of Civil Aviation Medicine a Deputy Civil Air Surgeon, who shall have the fifteenth grade of the General Schedule set forth in the Classification Act of 1949, as amended.

"(d) The Civil Air Surgeon shall provide for the exercise of the several functions granted to him by this title through the Office of Civil Aviation Medicine, the Regional Flight Surgeons, and the Civil Aeronautics Medical Research Laboratory, respectively, and shall establish within them such divisions, sections, and other units as he may find necessary for efficient operation of the Office of Civil Aviation Medicine. No division shall be established, abolished, or transferred, and no division shall be consolidated with another, except with the approval of the Administrator.

"(e) The Civil Air Surgeon may delegate to any officer or employee of the Office of Civil Aviation Medicine such of the powers and duties granted to him under this title, except the power to make regulations, as he may deem advisable.

"ADMINISTRATION

"SEC. 1404. Functions granted to the Civil Air Surgeon by this title shall be administered by the Civil Air Surgeon under the immediate supervision and direction of the Administrator.

"REGULATIONS CONCERNING STANDARDS, REQUIREMENTS, EXAMINATIONS, AND

MEDICAL CERTIFICATES

"SEC. 1405. The Civil Air Surgeon, in order to carry out the purposes of this title, is authorized to promulgate regulations—

"(1) establishing minimum standards of mental and physical fitness for civil airmen ;

"(2) establishing minimum human requirements in aircraft design ; "(3) providing for medical examinations of civil airmen by medical designees or other medical examiners; and

"(4) providing for the issuance of medical certificates to civil airmen and for the amendment, suspension, or revocation of such certificates.

"REGULATIONS CONCERNING INSPECTIONS

"SEC. 1406. The Civil Air Surgeon shall promulgate such regulations as he deems necessary

"(1) for the inspection of aircraft and aircraft components and appliances designed for use in air transportation in order to meet the human requirements in aircraft design and operation; and

"(2) for the inspection and appraisal of medical examiner facilities and procedures to ensure proper assessment of airman physical fitness and enforcement of regulations and procedures of the Office of Civil Aviation Medicine.

"RESEARCH, INVESTIGATIONS AND TRAINING

"SEC. 1407. (a) The Civil Air Surgeon shall conduct and encourage research and investigation in the field of aviation medicine; and shall cooperate with and render assistance to other appropriate public authorities, scientific institutions, and scientists in the conduct, and in promoting the coordination, of research investigations, experiments, demonstrations, and studies relating

"(1) to the causes, diagnosis, control, and prevention of physical and mental conditions and impairments of civil airmen that might adversely affect safety in air commerce;

"(2) to the human requirements in aircraft design and conditions of operation; and

"(3) to the medical causes of accidents in air commerce.

"(b) In carrying out the provisions of subsection (a) the Civil Air Surgeon is authorized to

"(1) collect and make available, through publications and other appropriate means, information as to such research and other activities and the practical applications thereof;

"(2) collect, tabulate, analyze, and interpret pertinent data concerning medical aspects of accidents in air commerce, physical condition of airmen, and such other subjects as may provide guidance in establishing sound medical regulations and directives, and issue periodic statistical summaries and reports embodying the findings obtained;

"(3) establish and maintain research fellowships in aviation medicine in the Office of Civil Aviation Medicine with such stipends and allowances, including traveling and subsistence expenses, as he may deem necessary to procure the assistance of the most brilliant and promising research fellows; "(4) provide post graduate training courses in civil aviation medicine; “(5) participate in the investigation of civil aircraft accidents, and where indicated require physical examination or autopsy of passengers and crew involved; and

"(6) adopt, upon recommendations of the Council, such additional means as he deems necessary or appropriate to carry out the purposes of this section.

"CONTROL GRANTS

"SEC. 1408. The Civil Air Surgeon is empowered to make grants-in-aid to universities, hospitals, laboratories, and other public or private institutions and to individuals for such research projects as are recommended by the Council, with respect to civil aviation medicine.

"AVIATION MEDICINE EDUCATION AND INFORMATION

"SEC. 1409. From time to time the Civil Air Surgeon shall publish information, related to civil aviation medicine, in the form of publications or otherwise, for use of the public, the aviation industry, and persons and institutions engaged in work related to functions of the Office of Civil Aviation Medicine.

"GENERAL AUTHORITY TO PRESCRIBE REGULATIONS

"SEC. 1410. (a) The Cvil Air Surgeon, with the approval of the Administrator, unless specifically otherwise provided, shall promulgate all regulations necessary for the administration of the Office of Civil Aviation Medicine.

"(b) Nothing contained in this section shall affect the authority of the Surgeon General, Public Health Service, to provide by regulations for the application to air navigation and aircraft of any of the provisions of sections 364, 365, and 366 of the Public Health Service Act.

"LIMITATION ON AUTHORITY OF THE BOARD BY SECTION 601

"SEC. 1411. Nothing in section 601 of this Act shall be held to authorize the Civil Aeronautics Board to prescribe any standards, rules, or regulations with respect to any matters included within the scope of the powers and functions granted to the Civil Air Surgeon by this title.

"USE OF AVIATION MEDICAL SERVICE IN EMERGENCY

"SEC. 1412. In time of war or of emergency proclaimed by the President, the Office of Civil Aviation Medicine may be utilized in the performance of any

related activities to such an extent and in such manner as will, in the judgment of the President, promote the public interest.

"FEDERAL ADVISORY COUNCIL ON CIVIL AVIATION MEDICINE

"SEC. 1413. (a) There shall be a Federal Advisory Council on Civil Aviation Medicine consisting of seventeen members. The Director of the Civil Aeronautics Medical Research Laboratory and the Secretary of the Air Force, the Secretary of the Navy, the Secretary of Health, Education, and Welfare, and the Secretary of Agriculture, or their designees, shall be ex-officio members. The Civil Air Surgeon, with the approval of the Administrator, shall appoint, without regard to civil service laws, twelve members of the Council who shall be persons not otherwise in the employ of the United States, skilled in sciences related to aviation medicine. Each appointed member shall hold office for a term of four years, except that, of the members first appointed, three shall appointed for a term of three years, three shall be appointed for a term of two years, and three shall be appointed for a term of one year, as designated by the Civil Air Surgeon at the time of appointment. None of such twelve members shall be eligible for reappointment until a year has elapsed since the end of his preceding term.

"(b) The Council shall advise, consult with, and make recommendations to the Civil Air Surgeon on matters relating to the aviation medical activities and functions of the Office. The Civil Air Surgeon is authorized to utilize the services of any member or members of the Council in matters related to the work of the Office of Civil Aviation Medicine for such periods, in addition to conference periods, as he may determine.

"EMPLOYMENT OF SPECIAL CONSULTANTS

"SEC. 1414. Special consultants may be employed by the Civil Air Surgeon to assist and advise in the operations of the Office of Civil Aviation Medicine. Such consultants may be appointed without regard to the civil service laws and their compensation may be fixed without regard to the Classification Act of 1949, as amended.

"COMPENSATION OF MEMBERS OF COUNCIL AND SPECIAL CONSULTANTS

"SEC. 1415. Members of the Federal Advisory Council on Civil Aviation Medicine, other than ex-officio members and specialist consultants, while attending conferences, hearings, or meetings, or while otherwise serving at the request of the Civil Air Surgeon, shall be entitled to receive compensation at the rate to be fixed by the Administrator, but not exceeding $50 per diem, and shall also be entitled to receive an allowance for actual and necessary traveling and subsistence expenses while serving away from their place of residence.

"RESEARCH FACILITY

"SEC. 1416. There is hereby authorized to be appropriated a sum not to exceed $2,500,000 for the erection and equipment of suitable and adequate buildings and facilities for use of the Civil Aeronautics Medical Research Laboratory in carrying out the provisions of this title. The General Services Administration is authorized to acquire by purchase, condemnation, donation, or otherwise, a suitable and adequate site or sites, selected on the advice of the Civil Air Surgeon, in the District of Columbia, or elsewhere in the continental United States, for such buildings and facilities, and to erect thereon, and furnish and equip, such buildings and facilities. The amount authorized by this section to be appropriated shall include the cost of the preparation of drawings and specifications, supervision of construction, and other administrative expenses incident to the work: Provided, That the General Services Administration shall prepare the plans and specifications, make all necessary contracts, and supervise construction.

"DETAIL OF EMPLOYEES

"SEC. 1417. (a) The Administrator is authorized, upon the request of the head of an executive department, to detail employees of the Office of Civil Aviation Medicine to such department for duty as agreed upon by the Administrator and the head of such department, in order to cooperate or conduct work related to such department or to the Office of Civil Aviation Medicine. When