CLAIMS OF AMERICAN NATIONALS AGAINST THE GOVERNMENT OF CUBA
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CIA-RDP66B00403R000200170084-8
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December 16, 2016
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84
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Publication Date:
March 10, 1964
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.Approved For Fuse 2005/01/27: CIA-RDP66B00403RQ 0200170084-8
CONGRESSIONAL RECORD SENATE
record pros erity. Simple justice as well as This proposed legislation has been re- the charges and other terms and conditions
our 6c"0 fD self interest requires dedi- quested by the Federal Communications in arrangements between such carriers for
ate new employment opportunities and to help displaced workers find and adjust to
new jobs promptly.
? We know that if management and labor,
regions and communities, schools and gov-
ernments can foresee the extent and nature
of impending changes, they can often take
effective steps to protect workers through
retraining and relocation, reliance on attri-
tion to make necessary reductions, and other
measurgs; to revamp the local industrial
base In light of new possibilities opened by
new technology; and to develop new skills,
new programs, new institutions to take ad-
vantage of new economic opportunities.
You have asked, the President's Advisory
Committee on Labor Management olicy to
explore what is being done and what can be
done by management and labor to meet dis-
placement and adjustment problems which
automation and technology raise for "work-
ers, unions, and employers.
Beyond 'this, however, I believe 'it neces-
sary for the Nation to undertake., a more far-
reaching, comprehensive, and ispassionate
effort than heretofore to identify and as-
sess the directions in which automationand
other continuing technological advances are
thlassting forward; the range of steps we can
embark on to reap technology's full poten-
tial for the good of all our people while pre-
venting and easing adverse effects on ands-
divual workers and con}snuntiey.
To this end, I submit to you this draft
providing for Congress to establish a Na-
tional Commission on Automation and Tech-
nological Progress to gage our technological
course and recommend how to gain its maxi-
mum benefit with minimum adverse impact.
Respectfully yours,
a letter from the Chairman of the Fed- furnishing of facilities or services by one com-
munications common carrier to another.
eral Communications Commission and This statutory hiatus makes it possible for
accompanying statement explaining the one carrier to discriminate in its charges for
purposes of the proposed legislation. the rental and use of its facilities by other
The PRESIDING, OFFICER. The. common carriers with a resultant detrimental
bill will be received and appropriately effect on both services and charges to the
referred; and, without objection, the public. The Commission, therefore, believes
au-
letter will be printed in the RECORD. that it needs the requested additional au-
thority to fully protect the public conven-
The bill (S. 2624) to amend the Com- fence and necessity in this area.
munications Act of 1934, as amended, to By way of example, it is possible under the
give the Federal Communications Com- present law for one carrier to refuse to lease
mission certain additional regulatory facilities to another at charges, and under
authority over communications common terms and conditions, as favorable as it leases
carriers, introduced by Mr. MAGNUSON, its same facilities to the public. It is also
ossible for by request, was received, read twice by its pcarrieer r at t charges, aharggeses, , or or under lease terms and and ms co one
condi-
title, and referred to the Committee on tions, more favorable to such carrier than to
Commerce. another carrier. Thus the leasing carrier's
The letter presented by Mr. MAGNUSON service to the public is limited and its charges
is as follows; to the public are also affected without either
FEDERAL COMMUNICATIONS COMMISSION, the leasing carrier or the public having an
, D.C., February 25, 1964. effective forum to consider their interests.
Washington
It is to be noted that this provision would
The President pro Honorable tempore CARL D.C., February
HAYDEN, Senate, parallel section 401 of the Communications
U.S. Senate, Washington, D.C. Satellite Act of 1962 (47 U.S.C. 741) which
U.S. MR. PRESIDENT: The Commission has provides that the furnishing of satellite ter-
adopted as a part of its legislative program minal station facilities by one ica-
comtion for the 88th Congress a proposal to amend common carrier carrieer a activity is deemed d to to be a
the Communications Act of 1934, as amend- Communications Act. fully subject to the
ed, to give the Federal Communications such h provision was s . added In to that t act, Commission certain additional regulatory au- the Senate Committee t, the
thority over communications common car- report of the Senate on Commerce
stated: by adding a new section 223. "The for because
The Commission's draft bill to accomplish reason this amendment is
mon
the foregoing objective was submitted to the the e provision of facilities cilities b by nt by one common
Bureau of the Budget for its consideration, bcarrier to een g another acommon carrier has not
under-
We have now been advised by that Bureau been regarded
ept. a No. 1584, common carrier 87th Cong., 2d
that from the standpoint of the administra- taking." (S. Re
'$eereta7'y of . Labor. Uiuu c program here would be no objection to Somewhat similar authority is given Civil
the, presentation of the draft bill to the Con- Aeronautics Board by the Federal Aviation
Mr, MORSE. Mr. President, I con- gress for its consideration. Accordingly, Act of 1958 (cf. section 412, Federal Aviation
gratulate the Senator from Michigan on there are enclosed six copies of our draft bill
1958, i
the introduction of the bill, for I think ? and explanatory statement on this subject. Act of insure 49 U.S.C. 1382).
it deals with probably the major domes- The consideration by the Senate of the To innsure that this new authority would
y J proposed amendment to the Communications fully protect the public interest the Commis-
tic proposed economic, issue which confronts the . ,Act of 1934 would be greatly appreciated.
country. As he knows, for a long time The Commission would be most happy to I That section provides:
I have advpcated the appointed of a pres- furnish, any additional information that may "(a) Every air carrier shall file with the
idential National Council of Automation. be desired by the Senate or by the committee Board a true copy, or, if oral, a true and com-
I proposed it in formal form last year to which this proposal is referred. _ ., plete memorandum, of every contract or
at one time, when President Kennedy Yours sincerely, agreement (whether enforceable by provi-
adopted the proposal, and included in it E. WILLIAM HENRY, Chairman. sions for liquidated damages, Penalties,
a recommendation which he made in bonds, or otherwise) affecting air transporta-
connection with the then railroad crisis EXPLANATION OF PROPOSED AMENDMENT TO tion and in force on the effective date of this
section Or hereafter entered int
TITLE II OF THE C
MMU
T
or an
A
y
O
NICA
IONS
CT OF
o,
which plagued us. Subsequently, he
made very clear that he was-in favor of 1934' As AMENDED, To GIVE THE FEDERAL modification or cancellation thereof, be-
made COMMISSION REGULATORY tween such air carrier and any other air car-
the appointment of such a Commission,. AUTHORITY OVER THE INTERCHANGE OF COM- rier, foreign air carrier, or other carrier for
with legislative support. I am delighted MUNICATIONS. FACILITIES BETWEEN CoM- pooling or apportioning earnings, losses, traf-
that President Johnson has followed, in MUNICATIONS CARRIERS fic, service, or equipment, or relating to the
support of the same program, and I con- This proposal would give the Commission establishment of transportation rates, fares,
gratulate him on the announcement-as statutory authority over the charges and charges, or classifications, or for preserving
other terms and conditions in arrangements and improving safety, economy, and efficiency
I said this morning in the Education
ing,
between communications common carriers of operation, or for controlling, regulating,
mmittee~-of the the, appointment of preventing, or otherwise eliminating destruc-
for the interchange of their communications
such a dommisslon. tive, oppressive, or wasteful competition, or
facilities or in arrangements between com-
I consider it an honor to join as one for regulating stops, schedules, and character
munications carriers regarding the furnish-
Of the cosponsors of the bill introduced, ing of facilities or services by one communi- of service, or for other cooperative working
by the Senator from Michigan. cations carrier to another. arrangements. A A,
(
In order to implement this authority so any
such contract or agreement, whe her. oor
th
t the
ubli
onv
ni
ce
d
e
it
a
p
c c
e
en
an
n
cess
ytil
no prevousy approved by it, that it finds
ADDITIONAL REGULATORY A,U- will be fully protected the proposal would to be adverse to the public interest, or in
THORITY OV~"R C~MMUNICA- ,also empower the Commission, upon pets- violation of this chapter, and shall by order
TIONS COMMON CAI IERS BY tion and after a full opportunity for hear- approve any such contract or agreement, or
THE FEDERAL COMMUNICATIONS ing, to order one common carrier to provide any modification or cancellation thereof, that
N . interstate or foreign communication by wire it does not find to be adverse to the public
COMMISSION t or radio to one or more other carriers if the interest, or in violation of this chapter; ex-
Mr. MAGN[7SON, Mr. _ President, I Commission finds that the service sought cept that the Board may not approve any
will serve the public convenience and neees- contract or agreement between an air carrier
introduce,for a riate reference, a
ppro p city. not directly engaged in the operation of air-
bill to amend the Communications, Act Since, under the Communications Act, the craft in air transportation and a common
of'1934,, as amended, to give the Federal provision of facilities by one common car- carrier subject to the Interstate Commerce
Communications. Commission y certain rier to another common, carrier is not re- Act, as amended, governing the compensa-
regulatory authority over communiea- garded as a common carrier undertaking, the tion to be received by such common carrier
cl,ted action to minimize the dislocations the interchange of their communications f a
Commission. I ask unanimous consent
slid Costg, that come with",roPress-to ere- cilities or in arrangements regarding the
that there may be printed in the RECORD
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CONGRESSIONAL RECORD - SENATE March 10
Sion also believes that It should be able
under appropriate ct-eumstances to order
one carrier to provide service to another.
Otherwise, even if the Commission were able
to regulate the charges and terms and condi-
tions applicable to the interchange of facili-
ties among carriers, it would still be power-
less to require carrier3 in the first Instance
to furnish facilities or services to another
carrier or to require a carrier to continue to
furnish facilities to another carrier although
it may be in the public interest to do so.
Absence of such authority might result in
costly duplication of facilities by two com-
mon carriers, with a resultant adverse effect
on the public. Under the new regulatory
authority which the Commission is request-
ing it could, upon receipt of a petition and
after a full opportunity for hearing, order
one of the carriers to lease its facilities to
the other if the public convenience and ne-
cessity would be serves thereby.
Thus, the Commission believes that In
order more effective* _y to carry out its
statutory duties in the public Interest this
additional regulatory authority is needed to
remedy those situations where, because of a
statutory gap, it is powerless to assure that
the public is provided with the most eco-
nomical and efficient communication service.
CLAIMS OF AMEP ICAN NATIONALS
AGAINST THE - GOVERNMENT OF
CUBA
Mr. SMATIIERS. Mr. President, I
am today Introducing proposed legisla-
tion that is the first constructive and
affirmative step taken on behalf of U.S.
citizens who, as residents of Cuba prior
to Castro, were the victims of the Com-
munist evil that he brought to that
country.
But It is equally a measure for the
general public good: since it brings our
bookkeeping up to date by providing for
immediate adjudication of U.S. losses in
Cuba and, most important, it seeks to
make available the talents of hundreds
of Latin-experienced American business-
men to the Alliance for Progress.
The bill calls for the adjudication of
all claims at this time, for loans to
claimants holding adjudicated claims
and for the creation of a fund that will
utilize blocked Cuban assets in the United
States. These are highly worthwhile
goals.
The adjudication of the losses of our
own citizens in Cuba is long overdue and
as time passes, It will become more and
more difficult for these individuals to
find the necessary documents and wit-
nesses to substantiate their cases. By
putting off this matter, we are simply
adding to the confusion of some future
date-for all of thei:e matters will have
to be resolved sooner or later.
Nor is It any answer to state that we
should wait until records are available
from Cuba. This presumes that despite
the passage of 5 years of Communist
tyranny in Cuba, its individual and cor-
porate records will remain available for
processing at some indefinite date in the
future. Quite to the contrary, when we
bargain with the government that suc-
ceeds in ousting Castro, we should have
in our possession at that time an as ac-
curate as possible statement of U.S.
losses in Cuba.
But in these 5 long years, we have
done nothing to prepare that statement,
which leaves us in a position where vse
are fo rced to rely on rough estimates and
unsupported guesses.
The first sections of this bill pro-
vide for the presentation of all claims
withh. 6 months of passage of the aut
and for the adjudication of all claims
throw: th the regular channels of the For-
eign Claims Settlement Commission.
The measure also proposes thi.t
blocked Cuban assets in the United
States--a figure estimated to reach
nearly $200 million-be turned over to
the proper U.S. Government official and,
after i percent has been allotted to tie
United States for expenses, that the:.e
funds be made available to the clat mans
who bold adjudicated claims.
I are especially interested in that part
of the bill which is aimed at stimulating
the u::e of the now dormant talents of
hundreds of U.S. businessmen who lost
out tc communism in Cuba. The ben(-
flciariss of this measure are Americans
who, through their investments in
Cuba, have contributed to the econom: c
deveicpment of the hemisphere and wh,),
through no fault of. their own, have, In
many Instances, lost their entire savin? s
and it cans of livelihood,
The section of this legislation which
perms s claimants to secure loans up to
80 pe:'cent of their adjudicated claims
for th . purpose of reinvesting in Alliance
for Progress programs will encourage
these people to make use of their past
experience and talents and at the sane
time promote private Investment in
Latin America-so necessary if the A.-
liance is to be a success.
I bz'licve that this bill constitutes a
constructive answer to this growing
problem. It would permit experienced
biting tai Americans to become a strate-
gic pa -t of our oversee economy.
This: is the way a democracy should
act. This is the way that the United
State; can demonstrate to other coun-
tries that It can use with imagination
the talents of those of its citizens who,
thong: i once caught in the crosscurrent,
of communism, are nevertheless willing
to one agairl.export democracy througl' -
out L