AUTHORIZATIONS FOR ALIEN AMATEUR RADIO OPERATORS TO OPERATE AMATEUR RADIO STATIONS IN THE UNITED STATES

Document Type: 
Collection: 
Document Number (FOIA) /ESDN (CREST): 
CIA-RDP65B00383R000200160012-2
Release Decision: 
RIFPUB
Original Classification: 
U
Document Page Count: 
4
Document Creation Date: 
December 15, 2016
Document Release Date: 
May 6, 2004
Sequence Number: 
12
Case Number: 
Publication Date: 
October 16, 1963
Content Type: 
OPEN
File: 
AttachmentSize
PDF icon CIA-RDP65B00383R000200160012-2.pdf889.02 KB
Body: 
Appro~ y8j$ 0 /fflji)CIAAWA P00383R000200160012-2187j9 more than 20 years old and shrimp boats of 1949 vintage in the gulf are trying with primitive equipment to compete with Jap- anese and Russian fleets using the most modern. methods and equipped with floating factories that- enable them to process the catch and stay out at sea 6 months. Even Peru and Poland have outstripped us among the fishing, nations and Ghana's fishing fleet is more modern than ours. Since' considerations of national defense require these vessels to be built in U.S. ship- yards, at costs the highest in the world, sub- sidy is a matter of simple justice. Congress is far behind in extending that justice, and revival of the 1960 act should be only a be- ginning of an effort on its part to promote a fishing fleet in which the country can take pride. Shirtwise, the Paul Bunyanesque air- man 'had expanded to size 17-38, with the largest standard stock size being 17- 37, while his trousers have stretched out to 42-37. Shoe and sox sizes have re- mained constant, but were already in the custom bracket. ' This means that Air Force uniform suppliers will have to fabricate a whole new king-sized wardrobe for the giant airman.. This will take approximately 30 days. Shoes are an even greater spe- cial problem as only one. supplier in the United States makes them in his bracket and it takes about 60 days: from order, through manufacture to delivery. As the only re?naining clothing items which Airman Barton had left to wear were a set of fatigues and a pair of tennis shoes, and military regulations require that military personnel traveling in offi- cial status must be in uniform, special permission had to be obtained from the Military Air Transport Service for him to travel aboard their aircraft in civilian clothes. He departed last week for leave at his home in Gardena where he will await the delivery of his special new military wardrobe at March Air Force Base, be- fore reporting to his new duty assign- ment at Richmond, Ky. Asked, prior to his departure whether they all came that big in his family, the good-natured airman replied: Well, dad (Herman O. Barton-a postman In Gardena) comes pretty close at 6-3 and mom is fairly tall, but my two kid brothers and sisters are what you would call normal in height. I guess I'm biggest for some rea- son. FISHING VESSEL CONSTRUCTION Mr. BARTLETT. Mr. President, 2 weeks ago today the Senate passed S. 1006, a bill to provide subsidies for new construction and to update the American fishing fleet for competition in today's highly, technical fishing industry. I have here an editorial which appeared In the St. Louis Post Dispatch for Octo- ber.8 of this year, which clearly and con- cisely states the need for this legislation and calls for early favorable action by the other body of Congress, and shows the need for this revision of law is ap- preciated in the interior of the United 'States as well as the coastal States. I ask unanimous consent that the edi- torial be printed in the RECORD. There being no objection, the editorial was ordered to be printed in the RECORD, as follows: IN JUSTICE TO FISHERIES The Senate's vote to revive the Fishing Vessel Construction Act of 1960 will, we hope, be promptly followed by favorable action in the House. Its purpose is to provide sub- sidies for new construction to modernize the American fishing fleet, which is anti- quated and falling behind in competition with the fleets of other countries. The con- sequences have been unemployment in a $350-million-a-year business affecting 500,000 jobs, and rising costs of living with a grow- ing demand for fish being increasingly sup- plied by imports. Our fishing fleet is in a disgraceful, state. Chesapeake bay dredgers built before , the First 'World War, New England trawlers No. 166-12 HISTORY OF THE DISTRICT OF COLUMBIA Mr. ROBERTSON. Mr. President, as all Members of Congress know, we are celebrating the 100th anniversary of a dual banking system. One of the com- plaints of the Colonies was that the Mother Country would not let them have their own currency. However, prior to the Revolutionary War, several State banks were established that issued script that was used for currency. The first, and in the opinion of many, the greatest Secretary of the Treasury, Alexander Hamilton, of New York, ad- vocatedthe establishment of a national bank and the act creating it was passed by the Congress of the new United States of America. in 1792. The charter of that bank was permitted to expire and Con- gress authorized a new national bank in which the Federal Government had a larger interest. One of the issues in the presidential campaign of 1828 was the abolishment of that bank. In further- ance of that action, President Andrew Jackson, who was elected in 1828, with- drew all Federal funds from the bank and then Congress did not vote to extend its charter. The banking business of the Nation was then taken over by State banks belt they issued banknotes which passed for money and many of which later became worthless because of nu- merous bank failures. In 1863, Congress passed the law establishing national banks, under which we still operate. In making a brief reference to this banking history in an address before the annual meeting of the American Bankers Association, at Constitution Hall, on Oc- tober 9, I mentioned the rumor that I had heard that Alexander Hamilton had made a deal with Thomas Jefferson that a District of Columbia, comprising an area of 10 square miles could be located, partly in Virginia and partly in Mary- land, if Jefferson, Secretary of State in Washington's first Cabinet, would not oppose Hamilton's proposal to establish a national. bank. Being none too certain about the real facts, I made an inquiry over the tele- phone of a distinguished descendant of Alexander Hamilton, Hon. Laurens M. Hamilton, of Washington, and Fau- quier County, Va. He- has written me a very interesting letter in which he refers to the fact that the agreement I had in ,mind, between ' Hai 1ilton and' Jefferson was evidently .concerning the Hamilton proposal for the National Government to assume the debts incurred during the Revolutionary War by the States and not with reference to the establishment of a national bank. Mr. President, I ask unanimous con- sent that the letter be printed in the RECORD. There being no objection, the letter was ordered to be printed in the RECORD, as follows: WASHINGTON, D.C., October 15,1963. Hon A. WILLIS ROBERTSON, Senate Office Building, Washington, D.C. MY DEAR SENATOR: I have spent several instructive and enjoyable hours since your phone call last week trying to trace down the details of just exactly what was in- volved in the agreement between Thomas Jefferson and Alexander Hamilton in 1790 to which you referred In your recent ad- dress before the American Bankers Associa- tion. Your remarks on that occasion as re- ported in the copy of the CONGRESSIONAL RECORD, of Thursday, October 10, which you were kind enough to send me, do not include, at least as far as I can find such reference as you made to this subject in your address, but as I recall your conversation of last week you were of the impression that it had been Hamilton's consent to the location of the National Capital on the Potomac which had won from Jefferson consent as to the establishment of a central bank. I find that the two factors involved in the "deal" between Hamilton and Jefferson were on the one.hand the location of the National Capital and on the other the assumption by the Federal Government of debts incurred by the several States during the Revolution. This proposal was an important part of Hamilton's "Report on the Public Credit" and it had met with strong opposition from some quarters in Congress, notably from Mr. Madison of Virginia, and although it at one time passed the House it was recalled and became the subject of considerable sub- sequent debate. On the other hand the question of estab- lishing a permanent seat of government was also much debated during the first ses- sion of the first Congress. The Continental Congress had on more than one occasion found Philadelphia very little to its liking. What is described in one book as "the mu- tinous behavior" of certain Pennsylvania troops in 1783 led to the adoption of a res- olution, introduced by Hamilton, trans- ferring the Congress to Princeton, N.J., and subsequently the seat of government had been transferred to New York City where the first session of the Congress under the Constitution of 1787 assembled in 1789 and where George Washington was inaugurated on April 30 of that year. The provision written into section 8 of article 1 of the Constitution giving power to the Congress to set up a Federal District not to exceed 10 miles square, apparently reflected the unanimous opinion of the dele- gates to the Constitutional Convention in 1787, for I find no record of it having been seriously debated at any time. Apparently at some time during its first or second session the Congress adopted an act "for establishing the temporary and permanent seat of government of the United States" and delegated to the President the power to set up a commission to survey a territory of 10 miles square on both sides of the Potomac. I find a note that this act was approved by the Congress on July 16, 1790, shortly after the meeting between Jef- Approved For Release 2004/05/12 : CIA-RDP65B00383R000200160012-2 shall determine that information re- ceived from such agencies necessitates denial of the request."; on page 3, at the beginning of line 11, to strike out "clauses- and Insert " iarag-raphs"; * nd In 'line 20{ to gtri'ke oiit, "radio oper- ators." and insert "radio operatcrs: Provided, That when an application for an authorization is received by the Com- mission, it shall notify the appropriate agencies of the Government of such fact, afld such agencies shall forthwith fur- nish to the Commission such informa- ttons in -their possession as bears upon the compatibility orthe request with the national security: And provided further, That the requested authorization may than he granted unless the C,..r...r,....i.... October, 16 (2) by adding at the end of such subsec- tion the following: "(2) Notwithstanding section 301 of this Act and paragraph (1) of this subsection, the Commission may issue authorizations, under such conditions and terms as it may prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur raidio station 'licensed by his government in the Uhrted "State`s. M possessions, and the Com- monwealth of Puerto Rico provided there is in effect a bilateral agreement between the United States and the alien's government for such operation on it reciprocal basis byY United States amateur radio operators: Pro- vfded. That when an application for an au- thorization Is received by the Commission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested authorization may then be granted unless the Commission shall de- termine that information received from ouch agencies necessitates denial of the request, Other provisions of this Act and of the Ad- ministrative Procedure Act shall not be ap- plicable to any request or application for or modification, Suspension, or cancellation of any such authorization." Sac. 2. Subsection (a.) of section 310 of the Communications Act of 1934 is amended by adding at the end thereof the following: "Notwithstanding section 301 of this Act and paragraphs (1) and (2) of this subsection, the Commission may issue authorizations, under such conditions and terms as It may- prescribe, to permit an alien licensed by his government as an amateur radio operator to operate his amateur radio station licensed by his government in the United States, Its pos- sessions, and the Commonwealth of Puerto Rico provided there Is in effect a bilateral agreement between the United States and the alien's government for such operation on a reciprocal basis by United States amateur radio operators: Provided, That when an ap- plication for an authorization is received by the Commission. It shall notify the appropri- ate agencies of the Government of such fact. and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested author- ization may then be granted unless the Com- mission shall determine that information re- ceived from such agencies necessitates de- nial of the request. Other provisions of this Act and of the Administrative Procedure Act shall not be applicable to any request or application for or modification, suspension, orcancellation of any such authorization." Mr. PASTORE. Mr. President, this is a noncontroversial bill. It relates to the permission given to the Government to enter into reciprocal agreements with other governments to license our amateur radio operators abroad. An explanation of the bill appears in the report, begin- ning on page I and ending on page 5, I ask unanimous consent that the explana- tion be printed at this point in the RECORD. There being no objection, the explana- tion was ordered to be printed in the RECORD, as follows: GENERAL STATEMENT This bill would amend section 303 (dealing with operators) and section 310 (dealing with station licenses) of the Communica- tions Aet of 1934 to permit the Federal Com- munications Commission to authorize alien amateur' radio operators to operate their Approved'For Release 2004/05/12: CIA-RDP65 0383RO002001600'12-2 "Approved, For Releac20Q4/Q5/12. .GIA-,-DP65 83, f O200160012-2 YtES 1O AY, E~bI - SA C 6TiT,.6Ptti~ls ?lP the nrmt Danes ox the - - - " mates, butt _ at did ot..Occur ?untf - that undestandi~ig. Air- oia `and j amllto ` the( t of y n v I avnlc i IONS FOR ALI rv been, onsitlergd 4k' both th o of them of ferns - TELIIt IO OF'ERATOFtS TO GP- poftarfce tlian fife other two siib7ecta: E A' ', rAtA ._~ _ Sind tLiiit re6ldpnk V4ashing n sent a TIONS IN THE UNITED STATES message to' Congress on January 2;f,'1791, trazisrnitti g a pprocfamatfon setting no a 'Mr. MANSFIELD. Mr. President. I Survey Commism[on"com Deed of three gee- move' that the 5eiaate proceed to ; ie tlemen. ?Aecordittq o er records I have c nSideze~tion 0t t',caieudar .I~Q, 540,, S. conSuited,, these gentlemen were "lKomns' Johnson of Frederick M 01e Carroll Or The PRESIDING OFFICER. The bill lock Creek, Md., and ` v1d Stuart" of PPirfaz. Va will be stated by title. . By a later pprociahailon, dated "at The LEGISLATIVE CtzRx. A bill (S. 920) (3eoigetown" on Mc h` 5(1; `1781, Pre's'ident to amend sections 303 and 310 of the W.asxiin-ton set the`deknTie-Iocatfon of `what` ComrrtunicatiolisAcc 012934 to provide Fisc ins t ie Dlstric3 e whIeb con that (hhe Fedesai G(tni uziica ions Corn- e?ated of g Oars m es on each side. missiofl_ may Issue authorizations for Tile. alien amateur radio operators to oper- just outside Alexandriawas from which the ate their amateur radio stations in he ` 7e of line r}lp si aT;. 45 deeggrrees United States. arnnbrth ali`"o~which Ells eastern"Ifne airfe, naturail`y, at an angle of 90' train the _ ~. __ ibri is on agleeing to: the motion line. . i f~f the Senatez lwiu MQ1flana, T '27~e r ort fern aide'paralie ed'tile souThern The motion was agreed to; and .he fl #e across what Wad, then Called $8 rl, , I CII ~n=b?aryland to a point near S ver Senate proceeded to consider the bill Will roots lure you with more precise st a u fWC"t[~,Sert,'~SII grlnatiop as to the subsequent develop- seethe in line 7. after the word "such", ale,dt and political manasement of the 15is- +., strike o t ""clause " t nd Inse u r a to strike out "part (1) of this clause" dRt here t of t iq al the squao and insert "paragraph (1) of this sub- uLties io 149 %W-11 were c wily t$ State of " " ; in line 19, to strike out radio flan and the remainsledy ihe State of section VI)gfnia. is latter att jwas subsequeniips orators -and Insert "rad'lo,operatbrs oI{le wLeL 16? knosn as Arlington alithoriization is a eceived by the Com- ?QI . If you e a road map of this mission, it shall notify the appropriate f1s yatr Will note That the baundsrles of agencies of the Government of such fact, n County and tEe boundaries of the and such agencies shall forthwith far- present Sletrlct of Columbia autftne a sgnare .rush to the Commission such infornia- 4?as 9LWnai 4lsisi& r,but the sum Inv een- ini511f n e Is ,no uestion but what the Inter- Je e;s },pxaa ,?L t- , . 4ULq obtain,tproval for the Assumptlon t+ As was iptltou f$ his followers or th tocatiox) itf. the Y ra,1 D4strigt.,. moreaygr, b the: or kern Stang, g$l the ausf;uehanna_ or, the Delaware, ,r~{~ at one ,time $sellilzpgge, s c 1g jefl as Tile basic .. . ijy...re gnnht1e presumption t _ AS ,yeah jggton's personat preference na uraf was for the UW. point from which the -lines of the Pis- trict of Co1upiij cj t. J U14 .IS :a,. iy confirmed by President Washington's rM-Xqp .asl e(=le _ took into locating aim ceived from such agencies necessitates other "p3jers. f hat hplje b i) le denial of the request. ; so as to make +. +ha hill road of . " ro171ng' in our ongress. Ire ft enacted by the Senate aizd House of W9d 0f Louisiana obtained the Lions (i-1 rof section n303 of the ~ommunfca- a r RA2l is I find.s tton its their possession as bears upon c pen ; one con- the compatibility of the request with irhe Lome g1'en by an- national security: And provided-fiurt1ier, olpiill00 then be granted unless the Commission .Approved For Release 2004/05/12 : CIA-RDP65B00383R000200160012-2 CONGRESSIONAL RECORD SENATE 18721 is possessions, and the Commonwealth of aerto Rico, provided there is in effect a bi- feral agreement between the United States ad the alien" s government for such opera- un by U.S. amateurs on a reciprocal basis. ri September 3, 1963, a hearing was held. be principal sponsor of the bill, Senator -OLDWATER, and a number of officials of the merican Radio Relay League, which in- ludes nearly 100,000 United States and snadian amateurs In Its membership, testi- ed in support of the bill. In addition, the ecord contains a number of letters relating in the legislation. No person testified in .pposition. HISTORY AND NEED FOR LEGISLATION A bill (S. 2361) was introduced in the E7th Congress to amend the Communica- tions Act to provide for licensing of alien mmateur operators by the Federal Communi-. -atlons Commission if it found the national security would not be endangered. No hearings were held on that bill. However, agency reports indicated problems with a ifull-scale licensing procedure in the case of aliens and disclosed a number of technical problems with the bill's language. The present bill was drafted to take into account the Issues raised In certain agency reports on S. 2361. S. 920 would permit the United States to enter into reciprocal agreements whereby our amateurs would receive authority to op- erate in selected foreign countries in return for the United States granting their ama- teurs a similar privilege here. Such an ac tion is now prohibited by the Communica- tions Act which, with respect to amateurs, allows only U.S. citizens to operate within our boundaries. The sole exception to this Is Canadian citizens given such privileges in a 1962 treaty between the United States and Canada. Testimony was received that the 1952 treaty with Canada on this subject has Worked well. A, simple registration proce- dure is followed, with the amateur using his own call signs, together with appropriate des- ignation of the area In which he is operat- ing. While 31 countries presently extend to our amateurs the privilege of operating in their countries despite the absence of reciprocal privileges for their citizens, many other countries refuse to extend such privileges 'except on the basis of reciprocity. More- over, the lack of reciprocity has given rise to some ill will and misunderstanding. At pres- ent there are bilateral agreements with some 17 nations, including Mexico and many Latin American nations, permitting our radio amateurs to exchange noncommercial third- party messages with amateurs licensed in those countries. The committee received testimony that improved international good will and understanding would result from increased person-to-person contact aided by passage of the bill. The view was also ex- pressed that proposals advanced in current discussions with the Peace Corps concerning possible use of surplus and donated equip- ment to introduce such communications to some parts of the world would be aided by adoption of this bill. Testimony was received that the fact such legislation promotes international good will was manifested at the Ninth Plenary As- sembly of the International Radio Consulta- tive Committee (CCIR), held in Los Angeles in 1959. The 86th Congress that year ap- proved Senate Joint Resolution 47 which permitted amateurs of foreign nations to operate a special events amateur radio sta- tion established for the conference, on proof that each held a current amateur license issued by his government. It was indicated that the participants were most appreciative Of the U.S. courtesy in extending such privileges. A main purpose of the bill is to help also those who reside overseas, such as mili- tary personnel, diplomatic personnel, mis- sionaries, Peace Corps workers, and others who may wish to pursue their amateur radio hobby while away from home. In this re- gard, it is noted that the United States has 258,347 amateurs while all other countries have a combined total of only 112,238. This, coupled with the extensive travel of our citi- zens abroad, indicates the potentially greater extent to which our own citizens may bene- fit by this bill. AGENCY VIEWS A number of Interested agencies, including the Federal Communications Commission, and the Departments of State, Justice, and Defense filed comments on the bill. The Department of Defense supported the bill and the other named agencies were sub- stantially of the view that they did not abject to the bill in principle If considerations of national security are properly provided for. SECURITY CONSIDERATIONS Several witnesses testified that whatever security problems inhere in the use of radio presently exist and that the type of pro- cedure contemplated by this bill would not create any new ones. It was emphasized that anyone bent on use of radio for sub- versive activities would not be impaired by absence of a proper authorization for use of radio. Moreover, it was stated that ama- teur radio would be among the least desir- able for clandestine use. The view was expressed that with rapid jet air service car- rying diplomatic pouches, with high speed and coded teletype services available by cable, as well as by radio incapable of being monitored, it is hard to believe a foreign government would seek- to use the privilege proposed by S. 920 as a means of transmit- ting high priority information from this country. With regard to a similar problem, your committee held hearings In the 87th Con- gress on S. 3252 and H.R. 11732, which be- came Public Law 87-795, that amended the Communications Act of 1934 to permit the President to authorize foreign governments to operate low-powered radio stations at their embassies in the District of Columbia. Under S. 920, any potential security prob- lems would be minimized initially by the prerequisite of a bilateral agreement, and by the normal precautions taken in the issuance of visas to permit entry into the country. However, because some agencies had unre- solved problems with possible security aspects of the bill, a meeting was held with the interested agencies to discuss and work out the problems involved In the security ques- tion. A procedure agreeable to those agen- cies was devised and appropriate amendatory language prepared, which amendment the committee adopted in order to clarify the matter. In the appendix to this report is a letter dated September 30, 1963, from the Federal Communications Commission, con- curred in. by the Departments of State, Justice, and Defense, and the Central Intelli- gence Agency, on this subject. COMMITTEE AMENDMENTS To meet the agency reservations noted with respect to security, your committee feels that the bill should be made more specific in this regard and adopted the following amend- ment: After the word "operators" at page 2, line 18 and page 3, line 9 add: "Provided, That when an application for an authorization is received by the Com- mission, it shall notify the appropriate agencies of the Government of such fact, and such agencies shall forthwith furnish to the Commission such information in their possession as bears upon the compatibility of the request with the national security: And provided further, That the requested authorization may then be granted unless the Commission shall determine that infor- mation received from such agencies neces- sitates denial of the request." The Department of Defense suggested as a technical amendment that the words "if it finds that the public interest, convenience, or necessity may be served" be deleted from the title of the bill because this requirement does not appear In the text of the bill. The committee believes this language is unnec- essary and, therefore, deleted it. A number of technical amendments have been made to conform with present wording of the Communications Act: Page 2, line 3, delete "clause" and substi- tute "subsection". Page 2, line 7, delete "clause" and substi- tute "subsection". Page 2, line 9, delete "part (1) of this clause" and substitute "paragraph (1) of this subsection". Page 3, line 1, delete "clause" and substi- tute "paragraphs". PROCEDVRES TO BE FOLLOWED Upon enactment of S. 920, as amended herein, the way would be clear for the execu- tive branch to enter into bilateral agree- ments with such nations as it deems' desir- able. There was testimony that a bilateral agreement could be effected through the simple and effective procedure of an ex- change of notes by our Departllnent of State and the appropriate department of the other government, in the same or a similar manner as that now folowed in reaching third-party- traffic agreements under which amateurs of the two countries may exchange messages for third parties. The Department of State has indicated that in negotiating such agreements it would coordinate its ac- tivities with other interested Government agencies. It is expected, of course, that the Federal Communications Commission will render technical asistance in this regard. This bill gives very wide latitude to the Federal Communications Commission in im- posing such terms and conditions as may be necessary in the public interest. it specifically provides that other provisions of the Communcations Act and of the Admin- istrative Procedure Act shall not be applic- able to any request or application for, or modification, suspension, or cancellation of, any such authorization. Thus, the author- ization is of a somewhat unique variety and is not entitled to the protections ordinarily associated with a, licensing procedure. As testified, hearings would not be required and termination, whch could be for any reason, may be in any manner and without prior notice. As an example of the Commission's latitude, one witness stated It could restrict operation by a noncitizen amateur to a specific location or area, to a specific fre- quency or frequencies, to specific modes of operation such as continuous wave Morse code, amplitude modulation voice, or single sideband voice, and/or to specific hours of the day. It could require all transmissions to be In English, have call letters or signs transmitted at more frequent intervals than required for citizen amateurs, or require that logs of all transmissions and operations be submitted at regular intervals, etc. In short, such procedures as are deemed desirable may be incorporated into the bi- lateral agreements or into rules, adopted without the necessity of public rulemaking procedures under the Administrative Pro- cedure Act, promulgated by the Commission. Using such forms as the Commission may adopt, an alien amateur, whose country has the required reciprocal agreement with the United States, may request authority from the Federal Communications Commission to operate his amateur radio station in the United States, It is not the intent of the committee to establish the procedure to be followed. Some testimony indicated the re- quest could be forwarded through our consul Approved For Release 2004/05/12 : CIA-RDP65B00383R000200160012-2 ' iapproved For Release'2004/05/12 :CIA-RCP003838000200160012-2' s