class radio operator's license from the Federal Communications Commission. I believe I am correct on that, and I think that that will be covered by some of the other witnesses.

At the present time the Communications Act of 1934 prohibits the issuance of a radio operator's license or radio station license to anyone who is not a citizen of the United States, and this amendment would merely make it possible so that in certain cases the Commission could issue such licenses.

This bill I have introduced would simply amend the law to make this possible.

Under our present law the Civil Aeronautics Administration may issue a license, and usually does issue a license to alien applicants. They may issue a pilot's license to aliens living in the United States.

Because of this restriction in the Communications Act, the individual is not permitted to fully utilize all of the safety devices since he is not permitted to operate a radio.

Here we have a rather ironical situation when one agency of the Government tells an alien, "Yes, it is all right for you to fly an airplane," and another agency says to the alien, "No, you cannot operate an aircraft radio. Even if you own a private plane you cannot have a radio installed in that plane."

So, if we can permit an alien to fly an airplane, I cannot see that there would be any greater risk to the national security to allow him to operate a radio on that plane, for the sake of his own safety, the safety of the passengers and the safety of the other planes in the sky. Therefore, I think it is very important that we amend the law to

correct this situation.

As I said, my proposed amendment to the Communications Act would permit the FCC to waive citizenship requirements in order to issue radio licenses to aliens holding pilot certificates issued by the САА.

I think this will be covered also, but if my bill is enacted, an alien who has a CAA pilot's license could get a license to operate a radio in someone else's plane as well. He also could be granted the license for a radio in his own plane.

I think that we have this morning with us many men who are familiar with the requirements of aviation, and I believe that everyone will agree that it is a definite disadvantage in this modern day for a person to fly an airplane without the use of radio-telephone and communications with ground stations. As I stated earlier, I think it is a hazard to other traffic in the air, and certainly it is a hazard in the areas of high density such as Washington National Airport and the New York area.

Mr. Chairman, I want to call your attention to a technical error in the bill. When I had this legislation drawn up I thought I had requested that, on line 10, page 1, it read the "Civil Aeronautics Administration." It reads the "Civil Aeronautics Commission."

On the next page, on line 11, again the Civil Aeronautics Commission is referred to, and it should read "Civil Aeronautics Administration."

Mr. Chairman, I have been contacted by many other members of the House concerning this matter. My good friend and colleague, Mr. Engle, of California, introduced a similar bill which I under

stand you are considering as well. My bill is a little more extensive, and I think that he supports my approach to this problem. However, it indicates that there are many people interested in the legislation. There are not a large number of people involved, but it is certainly very difficult for an alien who does have a license to fly an airplane and is not able to utilize a radio-telephone.

One colleague of mine who is particularly interested in it is Mr. Whitener, from North Carolina. He called me last night and told me that he had planned to testify, but, because of the untimely death of the Senator from North Carolina, he would not be able to be here this morning. He had a prepared statement for the meeting this morning, and I believe that his administrative assistant is here. I would like very much for him to have an opportunity to read the Congressman's statement.

Mr. ROGERS. He will be heard, Mr. Mack.

Does that conclude your statement?

Mr. MACK. Yes, sir.

Mr. ROGERS. Thank you very much, sir.

Does the gentleman from Illinois have any questions?

Mr. SPRINGER. No, sir.

Mr. ROGERS. The gentleman from California?

Mr. YOUNGER. My understanding of your testimony is to the effect that if you are going to license an alien to fly, then he must also have the right to operate his radio.

Mr. MACK. That is correct.

Mr. YOUNGER. The two go together.

Mr. MACK. That is right.

Mr. YOUNGER. If you are going to prohibit the alien, then he should also be prohibited from having a license to operate an airplane. Is that correct?

Mr. MACK. Yes, that is my feeling in the matter. However, I would like to also go on record as being in favor of licensing the alien pilot in this country. I can see myself in some other country, and I certainly would not want to be denied the right to fly in another country. Mr. YOUNGER. In other words, our citizens have the right to get a license to fly in other countries by our treaties?

Mr. MACK. I think that they should have.

Mr. YOUNGER. Do they have that now?

Mr. MACK. I think that has to be handled with the individual country. I do not think that that is covered by agreement, but representatives of the Civil Aeronautics Administration will be able to give you a more definite word on that matter.

However, I wanted to say that we still have discretionary power within the Civil Aeronautics Authority, and we will have, as well as within the Communications Commission, and this will not make it mandatory to give a license to every Tom, Dick, and Harry who floats in here from another country. It will just be permissive for the agencies to give these licenses.

Mr. ROGERS. Mr. Mack, in your study of this legislation-and the subcommittee is cognizant of the great interest you have had in aviation in clearing up many of these difficulties-what did you find with relation to the method of screening these people?

Mr. MACK. I did not go into this matter at all. I think that that definitely would be up to the Civil Aeronautics Administration and

the Federal Communications Commission. The CAA is in a position now where they may, if they so desire, license these individuals.

The screening, I think, would have to be done within the agencies. The determination would have to be made within the agencies, and I would imagine that the two agencies would have inquiries made by the appropriate Government agency.

Whether it be the FBI, the State Department, or the Department of Commerce, I have no recommendations to make, but I do not think it would cause any question, and I would hope that there would be no question about the investigations being made.

Mr. YOUNGER. Just one question there, Mr. Chairman.

Do you think it would be wise to put into the bill that there should be filed with each application an FBI report?

Mr. MACK. I would have no objection to such an amendment. I do not think it is necessary, and I am not concerned myself. We are not going to issue a license to a person of questionable character in the first place. It is going to be permissive legislation for the Federal Communications Commission, and I don't think it is necessary to have a long list of requirements that they must check with the State Department and the FBI and so forth.

Mr. YOUNGER. Do you think it would be well to cover it in the committee report?

Mr. MACK. I think that is the place it should be covered, in the committee report, to clearly indicate the intent of Congress that it has nothing to do with the security, that it just has something to do with the safety in the field of aviation, and that we still expect the agencies to make the proper security checks. I think that the agencies will accept that.

Mr. ROGERS. Do I understand, Mr. Mack, that you do not think that any requirements insofar as the loyalty processes should be included in the legislation, but that that is a matter that should be handled through the regulation-making powers of the departments involved?

Mr. MACK. Yes, sir. My feeling is that it would not be necessary to define the method of security clearance in the case of issuing of FCC licenses for aircraft and for the individuals operating such aircraft.

Mr. ROGERS. The thing that disturbs me just a little-and I am searching really for some answer in the way of an amendment—is that the FCC, I do not believe, has any security apparatus for screening purposes. Do they?

Mr. MACK. That is my understanding.

Mr. ROGERS. And neither does CAA. Do they have an apparatus for screening?

Mr. MACK. I am unable to say definitely. I would be of the opinion that they do have. You have a witness here this morning who I am sure will be able to tell you. I am certain that other agencies of the Government do have, the Department of Commerce, the department which is over the CAA, the Department of State, and, as I understand it, the FBI offers their services to all agencies of the Government.

Mr. ROGERS. As I understand it, you would have no objection to an amendment of the bill that required certain security clearance?

Mr. MACK. I would have no objection to such an amendment. I think it is unnecessary, but I certainly have no objection. Mr. ROGERS. Thank you very much.

Mr. MACK. Thank you, Mr. Chairman.

Mr. ROGERS. The next witness is our distinguished colleague from California, Hon. Clair Engle. Mr. Engle, we will be glad to hear from you.

STATEMENT BY HON. CLAIR ENGLE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF CALIFORNIA

Mr. ENGLE. Mr. Chairman, my bill, H. R. 6886, now under your consideration, is a simple amendment to the Communications Act of 1934, to authorize the issuance of licenses to noncitizens for the operation of aircraft radio.

Under our present laws, the Civil Aeronautics Administration may issue a pilot's license to an alien living in the United States, but under the Communications Act an alien cannot obtain a radio operator's license or a radio station license.

It is a rather ridiculous situation when one agency will permit an alien to fly, but another agency says he cannot operate a radio, which, as we all know, is a must as far as safety is concerned. For instance, it is impossible to conduct an instrument flight without using radio.

My proposed amendment to the Communications Act of 1934 would permit the FCC to waive the citizenship requirement so that aliens holding pilot's certificates, issued by the CAA, can be given a license to operate a radio whether the plane is his own, borrowed, or rented.

I sincerely urge the committee take favorable action on this bill. Mr. ROGERS. Thank you for your testimony, Mr. Engle.

Mr. ENGLE. Thank you, Mr. Chairman.

Mr. ROGERS. Mr. Basil Whitener, our colleague from North Carolina, was called back to North Carolina due to the untimely death of Senator Scott, and he was to appear next. In view of his need to leave, he has had his secretary, Mr. H. M. Lineberger, appear for him. Mr. Lineberger, you will be recognized for his statement.

STATEMENT OF HERBERT M. LINEBERGER, SECRETARY TO REPRESENTATIVE BASIL L. WHITENER, OF NORTH CAROLINA, ON BEHALF OF REPRESENTATIVE WHITENER

Mr. LINEBERGER. Thank you, Mr. Chairman.

This is, briefly, Mr. Whitener's statement that he would have made had he been here this morning.

Mr. Chairman and members of the committee, I deeply regret that the death of Hon. W. Kerr Scott, Senator from North Carolina, and my attendance at his funeral rites make it impossible for me to appear before your committee in person to express my support of H. R. 8543, which has been introduced by Mr. Mack of Illinois.

It is my firm conviction that Mr. Mack's legislative proposal is worthy of favorable consideration. I have had communications from interested persons in my district who have urged that I express my opinion before your committee as to the merits of the bill. I am delighted that you have consented that my secretary make this statement since it is impossible for me to be present in person and participate in your hearings.

I would like to give you the facts in one particular case which I think points up the need for enactment of Mr. Mack's proposal.

There is a young man in my district, an Argentine national, who has had approximately 6,000 hours of flying time, including nearly 1,000 hours of night flying, 4,900 hours cross-country time, 769 hours instrument time, and 77 hours of link trainer time. From March 1948, through October 1951, he was engaged in charter, ambulance, and test flying. He subsequently accepted a position as a copilot with Argentine Airlines and was initially engaged in flying DC-3 equipment. Thereafter he was transferred to Convair 240 equipment and was promoted to captain of a Convair 240 crew in October 1956. He had a total of 3,369 hours of flying time with Argentine Airlines on the Convair 240-type aircraft alone.

In 1957 this young man was admitted as an immigrant to the United States. Upon his arrival here he successfully took the examination for an airline transport pilot license. Thereafter, he submitted his application to some of the American airlines and received very favorable responses to his applications, but was faced with his inability to get a restricted radio license by reason of the existence of the present law. Northeast Airlines advised him in July 1957, that they would be very interested in having him join their company if he could remove the disability occasioned by the existing law with reference to aliens not being permitted to get a radio operator's license.

He then communicated with the Federal Communications Commission, and was advised:

Possession of a CAA certificate by the applicant is without effect insofar as the issuance of a radio operator's license to a noncitizen is concerned.

He was further advised by the Commission that when he became a citizen of the United States the Commission would be pleased to entertain his application for a radio operator's license.

This young man is married and is the father of two children. He has a vast background of experience, as the record above set forth would indicate, and the only hindrance to his finding employment in his line of work seems to be his inability to procure a radio operator's license.

In view of the fact that the United States Government makes thorough investigations as to the character, background, and loyalty of immigrants such as the young man in whom I am interested, it would seem that there would be very little security risk involved in permitting them to procure radio operators' licenses in connection with their work as civilian or commercial pilots.

It is my earnest hope that your fine committee will see fit to favorably report H. R. 8543.

Thank you, sir.

Mr. ROGERS. Thank you, Mr. Lineberger.

Do you have any questions, Mr. Younger?
Mr. YOUNGER. No; none.

Mr. ROGERS. Do you have any, Mr. Mack?

Mr. MACK. No, sir.

Mr. ROGERS. I see that the next witness listed is Mr. Raymond B. Maloy, Director, Office of International Cooperation, Civil Aeronautics Administration.

Mr. Maloy, you may proceed.

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