which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments. The need for remedial legislation of this type has long been apparent to this Commission. The discretionary authority which would be vested in this Commission upon the enactment of this legislation would obviate the necessity of private bills being enacted by the Congress to license those persons who would fall within the scope of this legislation. Since 1932 aviation has come to depend to an important degree upon the use of air-to-ground radio communication for safety. All United States air carrier aircraft are equipped for this purpose with radiotelephone apparatus which the pilots can use and many private aircraft are similarly equipped. Most pilots concerned with radio-controlled airports and routes find it necessary to operate radio equipment in order to carry out their aeronautical duties and, under the Communications Act of 1934, must hold a radio operator's license in order to do So. If a pilot is not a citizen, however, he cannot obtain a radio operator's license. Many aircraft pilot certificates have been issued to aliens residing in the country. These persons are authorized to operate United States-registered aircraft and yet they are denied the use of an important safety feature and, as a result, the pilots may not only endanger their own aircraft but may become a hazard to the operation of other aircraft. The Civil Aeronautics Administration, which issues aircraft pilot certificates, is not subject to the same restrictions as to citizenship as is this Commission and may issue pilot certificates to aliens. At one time it was the policy of the Civil Aeronautics Administration to restrict the issuance of pilot certificates in the professional classifications such as commercial and transport pilot certificates to those aliens whose countries granted reciprocal privileges to United States citizens; however, this restriction is no longer applied and pilot certificates are issued to the nationals of any friendly foreign country. The same policy is followed in issuing student and private pilot certificates. The proposed legislation would grant this Commission the necessary authority to consider the qualifications of each particular applicant whether or not that applicant is a citizen or noncitizen of the United States. In addition the proposed legislation would enable this Commission to cooperate with the Civil Aeronautics Administration in that agency's administration of its duties and obligations. Therefore, for all of the foregoing, this Commission supports the enactment of the proposed legislation. Attention is called to the following drafting items in the printed bill: 1. Line 3, page 1: "Section 303" should be changed to read "Section 303 (1)." 2. Line 10. page 1: The word "Administration" should be substituted for the word "Commission." Hon. OREN HARRIS, UNITED STATES DEPARTMENT OF JUSTICE, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice concerning the bill (H. R. 6886) to amend the Communications Act of 1934 to authorize, in certain cases, the issuance of licenses to noncitizens for the operation of radio stations on aircraft, and the bill (H. R. 8543) to amend the Communications Act of 1934 to authorize, in certain cases, the issuance of licenses to noncitizens for radio stations on aircraft and for the operations thereof. The bills would amend the Communications Act of 1934 by permitting the Federal Communications Commission to waive the requirement of United States citizenship, when found by it to be in the public interest, in the case of persons holding United States pilot certificates or in the case of those holding foreign aircraft pilot certificates valid in the United States in issuing licenses permitting radio operation on aircraft. The purpose of the legislation is to meet the situation which has been troublesome to the aviation industry because certain of their noncitizen pilots are authorized to operate aircraft within the boundaries of the United States but are not permitted to operate radio within the aircraft. It is difficult to predict what, if any, effect such legislation might have on the Nation's internal security. Although it does not set up any screening mechanism or safeguards it would seem that if in the future a threat to internal security appeared to be present in a particular case that the problem might be met by denial of the particular application for license as not being in the public interest. In this connection it is noted that title 49, United States Code, section 702 provides that the Civil Aeronautics Board "shall consider requirements of national security as well as safety of flight in air commerce in exercising its powers and carrying out its responsibilities under subchapter VI of this chapter." It would seem therefore that the Civil Aeronautics Board would have primary responsibility insofar as the security aspects of this legislation are concerned. Whether the bills should be enacted involves questions of policy on which the Department of Justice prefers to make no recommendation. The Bureau of the Budget has advised that there is no objection to the submission of this report. Sincerely yours, LAWRENCE E. WALSH, DEPARTMENT OF COMMERCE, OFFICE OF THE SECRETARY, Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, DEAR MR. CHAIRMAN: In your letter of April 25, 1957, you requested the views of the Department of Commerce on H. R. 6886, a bill to amend the Communications Act of 1934 to authorize, in certain cases, the issuance of licenses to noncitizens for the operation of radio stations on aircraft. In your letter of July 9, 1957, you requested our views on H. R. 8543, a bill to amend the Communications Act of 1934 to authorize, in certain cases, the issuance of licenses to noncitizens for radio stations on aircraft and for the operation thereof. These comments are submitted with respect to both of the above bills because they deal with the same basic subject. The Department of Commerce, while favoring enactment of either of these bills, prefers the enactment of H. R. 8543. The enactment of H. R. 8543 is preferred because, like H. R. 6886, it provides for the issuance to noncitizens of a license to operate on aircraft radio but in addition provides for the issuance of a license to an aircraft radio station itself when aboard an aircraft. In other words, H. R. 8543 provides for the licensing of both the foreign radio operator and the foreign radio station. The object of both bills is to give the Federal Communications Commission discretionary authority to issue these license. We believe it is particularly important that the Federal Communications Commission have this authority with respect to waiving the citizenship requirement in the case of the noncitizen aircraft radio operator. It is a basic requirement on both bills that the noncitizen hold a United States pilot certificate issued by the Civil Aeronautics Administration or foreign aircraft pilot certificates which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments. We are of the opinion that foreign pilots who have been found competent to operate aircraft radio transmitters, and otherwise meet such qualification as may be laid down by the Federal Communications Commission, should be so licensed. We believe this to be important from both practical and safety standpoints. From the practical standpoint, the existing restriction against noncitizens operating aircraft radio transmitters is a handicap in the training of foreign pilots who are in this country for aircraft instrument and flight instruction. This restriction is also, in our judgment, an unreasonable restraint against foreign pilots who may be operating United States aircraft in this country under lease, charter or other right and, although entirely competent to operate the aircraft's transmitting equipment, are not permitted to do so, but must employ the services of a United States radio operator licensee for this purpose. The same handicap similarly affects foreign pilots who may be here as displaced persons in the process of becoming citizens. 25977-58--2 We also believe that the proposed legislation is desirable from the standpoint of safety in aviation. As previously indicated, so far as aviation laws, rules, and regulations are concerned, foreign pilots may operate aircraft within the United States and thus, with respect to any operation in which the use of radio is not required, foreign pilots may operate aircraft anywhere in the United States. However, although the regulations permit the conduct of many types of aircraft operation without radio, there are many situations in which the use of radio for such operations is desirable and increases the degree of safety. Therefore, since this legislation would remove the existing restriction prohibiting use of aeronautical radio by foreign pilots, it would in many instances increase the degree of safety with which operations could be conducted by such pilots. For this reason we believe that the proposed legislation is desirable in the interest of safety in civil aviation. As indicated above, both bills are identical with respect to the issuance of aircraft radio operators licenses to noncitizens. However, H. R. 8543 contains the added provision which gives to the Federal Communications Commission the discretionary authority to license the foreign aircraft radio station itself. We believe this is desirable for essentially the same reasons that pertain to the issuance of the noncitizen operators licenses. It seems to us logical that the entire discretion should rest with the Federal Communications Commission. It is for the above reasons that we favor the enactment of either of the above bills, but prefer enactment of H. R. 8543. The Bureau of the Budget has advised that it interposes no objection to the submission of this letter to your committee. Sincerely yours, SINCLAIR WEEKS, Secretary of Commerce. EXECUTIVE OFFICE OF THE PRESIDENT, BUREAU OF THE BUDGET, Washington, D. C., April 1, 1958. Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. MY DEAR MR. CHAIRMAN: This is in reply to your letters of April 25 and July 9, 1957, requesting the views of this office on H. R. 6886 and H. R. 8543, respectively. These similar bills would amend the Communications Act of 1934 to authorize granting of certain licenses in connection with the operation of aircraft radios by noncitizens. The Secretary of Commerce and the Chairman of the Civil Aeronautics Board, in reports they are making to your committee on these bills, would support enactment of either of them but would favor H. R. 8543 because of its more complete coverage. This office concurs with the views contained in these reports and favors enactment of H. R. 8543. DEAR MR. HARRIS: The receipt is acknowledged of your communication of July 9, 1957, requesting a report and comments on H. R. 8543, “A bill to amend the Communications Act of 1934 to authorize, in certain cases, the issuance of licenses to noncitizens for radio stations on aircraft and for the operation thereof." Please be advised in response that the Department of State would favor the enactment of a law containing the provisions of this bill, as being in the interest of foreign relations in the fields of telecommunications and aviation. It would be suggested, however, that the terminology employed in the bill be reviewed with representatives of the Civil Aeronautics Board or of the Civil Aeronautics Administration, before passage of the law. For example, it is not believed that pilots certificates are issued by the Civil Aeronautics Commission. Perhaps it would be better simply to refer to pilots certificates issued by the United States Government. The Department has been informed by the Bureau of the Budget that there is no objection to the submission of this report. Sincerely yours, WILLIAM B. MACOMBER, Jr., Assistant Secretary (For the Secretary of State). FEDERAL COMMUNICATIONS COMMISSION, Hon. OREN HARRIS, Chairman, Committee on Interstate and Foreign Commerce, House of Representatives, Washington, D. C. DEAR CONGRESSMAN HARRIS: This is in reply to your request seeking this Commission's comments on H. R. 8543, a bill to amend the Communications Act of 1934 to authorize, in certain cases, the issuance of licenses to noncitizens for radio stations on aircraft and for the operation thereof. Enclosed please find six copies of our comments on this bill. The Bureau of the Budget has informed the Commission that it has no objection to the submission of these comments to your committee. Sincerely yours, JOHN C. DOERFER, Chairman. COMMENTS OF THE FEDERAL COMMUNICATIONS COMMISSION ON H. R. 8453, A BILL TO AMEND THE COMMUNICATIONS ACT OF 1934 TO AUTHORIZE, IN CERTAIN CASES, THE ISSUANCE OF RADIO LICENSES ON AIRCRAFT TO BE HELD BY NONCITIZENS H. R. 8543 would amend section 303 (1) and 310 (a) (1) of the Communications Act of 1934. The proposed amendment to section 303 (1) would authorize the Commission to issue licenses to noncitizens for the operation of aircraft radio stations in the case of persons holding United States pilot certificates issued by the Civil Aeronautics Administration or persons holding foreign aircraft pilot certificates which are valid in the United States on the basis of reciprocal agreements entered into with foreign governments. The proposed amendment to section 310 (a) (1) would authorize the Commission to issue station licenses to noncitizens under the same circumstances. There appears to be a substantial need in the area of air safety for legislation of this nature because of the present difference in statutory standards applied by the Civil Aeronautics Administration in issuing pilot certificates, and the Federal Communications Commission in issuing station licenses for aircraft and aircraft radio operator licenses. The CAA is authorized and does issue pilot certificates to the nationals of any friendly foreign country but the Commission is now prohibited from issuing radio operator or station licenses to the same individuals. The result has been that some persons who are authorized to operate aircraft in the United States are at the same time denied an important safety feature, which is of value not only to the alien pilot himself but to other air and ground personnel with whom he could otherwise be in contact. H. R. 8543 is calculated to enhance air safety in the United States and is therefore endorsed by the Commission. It should in addition relieve the Congress of a certain number of private bills with which it has been burdened in the past. It may be that the proposed relaxation of citizenship requirements will involve security considerations with respect to some of the aliens who would be made eligible for licensing. However, the Commission feels that if the CAA has satisfied itself as to the security problem of the individual applying for a pilot certificate and subsequently issues such an individual a pilot certificate the Commission may then issue a station license or operator's license to that pilot. Similarly, when the State Department negotiates reciprocal agreements with foreign governments, any security problems can be disposed of as part of the negotiation, and the Commission can properly issue operator or station licenses under the authority of the agreement. Attention is called to the fact that adoption of the bill in its present form would permit the unusual situation of permitting the issuance of a station license to a noncitizen while at the same time forbidding the issuance of a station license to a citizen of the United States representing a foreign government. Section 310 (a) (2) of the Communications Act prohibits the Commission from granting a station license to any foreign government or the representative thereof. Applications are occasionally received from honorary vice consuls and others who represent foreign governments in some capacity but who are citizens of the United States. Congress may wish to consider affording the Commission discretionary authority in this area. It is suggested that on line 8, page 2, the words, "the opertaion of," be deleted. This would make it clearer that a station license, rather than an operator's license, is involved. Finally, on line 10, page 1, and on line 11, page 2, the word "Administration" should be substituted for the word "Commission." Adopted: April 9, 1958. Mr. SPRINGER. Are those all favorable or unfavorable? Mr. ROGERS. All favorable. Our first witness will be the author of H. R. 8543, our colleague, Mr. Mack of Illinois. STATEMENT OF HON. PETER F. MACK, JR., A REPRESENTATIVE IN CONGRESS FROM THE STATE OF ILLINOIS Mr. MACK. Thank you, sir. Mr. Chairman and members of the committee, I do not intend to take much time this morning because there are other witnesses who will thoroughly cover the subject matter, and therefore I will not detain the committee. I want to say that I introduced this bill on behalf of a constituent of mine who happens to be a Canadian who has applied for citizenship here in this country, and has lived here for about 5 years. He owns his own plane. He has a radio in the plane, but he is not able to get a radio operator's license himself because he is not a citizen. Rather than approach this problem as we did on the other occasionand I believe it was a Polish refugee for whom we wrote special legislation to bypass a limitation or regulation in the law-I thought it would be better to approach it on a wide basis to include all of the aliens who are permitted to fly airplanes in this country and are licensed by the CAA but are not able to operate the radios, which certainly aid in navigation and serve as a safety device. Mr. SPRINGER. Do we have any agreement with Canada on this? Mr. MACK. We do have agreements with them, but they do not cover this particular area. We have various international agreements, and I think that that will be covered this morning by representatives of the Civil Aeronautics Administration. But they do not cover this particular area. For instance, we have reciprocal agreements with Canada so that the Canadian pilots can fly in this country, and I think we have agreements with them so that they can operate the radio providing the radio is registered in Canada. But we do not have agreements that would cover this particular area where we have aliens in this country who are operating on an alien license under the reciprocal agreement with the country who desire to purchase a radio for his airplane in this country and have it licensed here. We do not have a reciprocal agreement with any country which would serve as a means of bypassing this law. When an alien is licensed by the CAA to fly a plane in this country, we have no arrangement for him to get a third |