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trusses, and similar prosthetic appliances, such seamen shall be furnished and fitted with such appliance free of charge by the Public Health Service and shall be trained in the use of such appliance. Any such seaman entitled to an appliance shall be entitled, in addition, to new appliances when one previously furnished is outworn or accidently rendered useless, and to necessary fitting of any such new appliance.

"(d) There shall be included as part of the care and treatment of wartime service seamen under subsection (a) of this section—

"(1) payment of court costs and other expenses incident to proceedings taken for the commitment of mentally incompetent wartime service seamen to institutions for the care or treatment of the insane; and

"(2) provision of seeing-eye or guide dogs trained for the aid of blind wartime service seamen, the payment of all necessary travel expenses and of other expenses incurred in becoming adjusted to such seeing-eye or guide dogs, and the provision of such seamen with mechanical equipment for aiding them in overcoming the handicap of blindness.

"(e) A wartime service seaman, while receiving care and treatment under subsection (a) of this section, shall be furnished clothing by the Public Health Service in the following cases:

"(1) Where such seaman is indigent and the furnishing of clothing if necessary to protect health or sanitation.

"(2) Where such seaman is indigent and requires special clothing made indispensable by the wearing of appliances."

SEC. 402. (a) Any person who served in the United State merchant marine between April 6, 1917, and July 2, 1921, and received a certificate of honorable discharge from the Sea Training Bureau of the United States Shipping Board (hereinafter referred to as veteran of the merchant marine of World War I) shall be entitled to medical, surgical, and dental treatment and to hospitalization without charge at hospitals and other stations of the Public Health Service, and may receive such care and treatment at the expense of the Public Health Service for public or private medical or hospital facilities other than those of the Public Health Service when authorized by the officer in charge of the hospital or station of Public Health Service at which application for such medical care and treatment is made.

(b) Domiciliary care for veterans of the merchant marine of World War I who are permanently totally disabled shall be provided by the Public Health Service.

(c) The care and treatment provided for in this section shall be available only for injury or disease incurred in or aggravated by maritime wartime service, not as a result of the seaman's misconduct, in the United States merchant marine between April 6, 1917, and July 2, 1921.

PART II-VOCATIONAL REHABILITATION

AMENDMENTS TO VOCATIONAL REHABILITATION ACT

SEC. 421. (a) Section 2 (a) of the Vocational Rehabilitation Act, approved June 2, 1920, as amended (57 Stat. 374; U. S. C., title 29, ch. 4), is amended by adding at the end thereof a new paragraph to read as follows:

"(11) Provide that any disabled wartime service seaman, as defined in the Merchant Seaman's Wartime Service Act, shall be entitled to vocational rehabilitation benefits under the State plan regardless of the State of such wartime service seaman's actual residence."

(b) If any State cannot fully comply with the conditions of the Vocational Rehabilitation Act, as amended by this Act, on the date of the enactment of this Act, such State may secure the benefits of the Vocational Rehabilitation Act as so amended, until sixty days after the legislature of such State first meets in due course after such date of enactment, or until the earliest effective date after such sixty days which could be given in such State to legislation passed within such sixty days to secure the benefits of this Act, whichever is the later, if it complies therewith to the extent possible.

SEC. 422. Subparagraph (2) of paragraph (b) of section 10 of the Vocational Rehabilitation Act, approved June 2, 1920, as amended (57 Stat. 374; title 29, ch. 4), is amended to read as follows:

"(2) Any disabled wartime service seaman, as defined in the Merchant Seamen's Wartime Service Act;".

TITLE V-DISABILITY AND DEATH BENEFITS

SEC. 501. If a wartime service seaman suffers a disability from injury or disease incurred in or aggravated by maritime wartime service, or dies at any time as the result of such injury or disease, and whose injury, disease, or death did not result from his own willful misconduct, or was not incurred during unauthorized absence, such person or in case of death, his dependents, after obtaining a death or disability endorsement upon the seaman's certificate of maritime wartime service, shall be entitled to all the benefits prescribed by the Act of September 7, 1916, as amended (39 Stat. 742; 5 U. S. C., ch. 15, sec. 751, and the following), under the conditions therein prescribed, except as herein modified, and the United States Employees' Compensation Commission or its successors shall have jurisdiction in such cases.

SEC. 502. When a war-service seaman, a veteran of the merchant marine of World War I or of the Spanish-American War dies, a flag to drape the casket shall be furnished by the Chairman. Such flag may be given to the next of kin after the burial of such person.

CLAIMS FOR BENEFITS

SEC. 503. The United States Employees' Compensation Commission or its successors is authorized to waive the limitation provisions of such Act of September 7, 1916, as amended with respect to notice of injury or death and filing of claims under section 501, whenever such Commission shall find (1) that compliance with such provisions could not have been accomplished within the time therein specified because of circumstances beyond the control of a claimant, or (2) that reasonable cause exists for failure to comply with such provisions and that the interests of the United States have not been prejudiced by such failure. Any notice or claims required by such Act shall be deemed timely filed without such finding, if filed prior to March 2, 1948.

SUBROGATION AND SET-OFF

SEC. 504. (a) If a claimant, who is entitled to any payment, gratuity, benefits for detention or other benefits (including a person claiming funeral expenses) under this title, should receive or recover any money or other compensation, including payment of insurance, from—

(1) the United States, directly or indirectly; or

(2) any agent of, or contractor with, the United States, who may in respect of any amount so received or collected in turn be entitled to indemnity from, or reimbursement by, the United States;

on account of the same disability or death for which benefits may be payable under this title, or on account of wages or benefits for detention accruing subsequent to the date right to compensation for disability or death arises under this title, the amount received shall be refunded or credited in the same manner as is specified for recoveries in third-party cases by section 27 of such Act of September 7, 1916, as amended: Provided, That section 7 of such Act shall not apply in cases coming under this title: Provided further, That no credit or refund shall be made of any sum received per month (except bonuses received during internment on land) in excess of the amount of compensation payable to individuals under this title: Provided further, That nothing in this section shall be deemed applicable to any benefit payable (a) pursuant to the Social Security Act, as amended, or (b) pursuant to any insurance policy, for which benefit the disabled person or his beneficiary has contributed in respect to the premium (or similar common fund for payment of benefits), in whole or in part.

(b) Where, after having claimed and received benefits under this title, any claimant (or administrator or other legal representative of any person for the ultimate benefit of such claimant, directly or indirectly) seeks through any proceedings, action, claim, or other demand, filed, brought, or maintained directly or indirectly against the United States, or its agent or contractor as specified in subsection (a) of this section to collect or recover money or other compensation under any other legal right or pursuant to any other remedy, where the claim or cause is based in whole or part upon the same injury, disability, or death, for which such claimant has received benefits under this title, or is for wages or benefits for detention payable subsequent to the accrual of right to benefits under this title, the United States Employees' Compensation Commission or its successors shall have right of intervention therein, and a lien and right of recovery against any sum found to be due, or which may ultimately be payable, to such

claimant, to the extent of any payments made under this title in such cases to such claimant, and any amounts recovered under this subsection shall be covered into the fund established in section 35 of such Act of September 7, 1916, as amended.

TITLE VI-ADMINISTRATIVE PROVISIONS

SEC. 601. The Chairman is authorized to establish in the United States Maritime Commission a Division of Wartime Service Benefits, to appoint the head of such Division, to delegate to such head any of his powers and duties under this Act (except the duty to appoint a Board of Wartime Service Seamen's Appeals, and his authority to review decisions of such Board, as provided in section 702), and to authorize delegations and successive redelegations of any such authority within such Division.

BOARD OF WARTIME SERVICE SEAMEN'S APPEALS

SEC. 602. (a) There is hereby established in the United States Maritime Commission a Board of Wartime Service Seamen's Appeals (hereinafter called the "Board"), which shall consist of such number of members (not less than three nor more than eleven) as the Chairman deems necessary. The Chairman shall designate the member who shall be Chairman of the Board.

(b) The Chairman of the Board may divide the Board into sections of not less than three members each, designate the chief of each such section, and prescribe the classes of appeals to be handled by each such section. A determination of a section concurred in by all of the members of the section shall be considered the determination of the Board and shall be final, except that the Chairman of the Commission, in his discretion, upon application of the claimant, may review any such determination, and his decision upon such review shall be final. Nothing in this section shall prevent the increase or decrease in, or termination of, aǹy benefit previously awarded where such increase, decrease, or termination is warranted by changed circumstances.

(c) All questions on matters administered by the Chairman under this Act shall be subject to one review on appeal to the Board. The Board shall by regulations prescribe the time within which applications for such review must be made, the forms and procedure in connection with such review, and such other matters relating thereto (including the conduct of hearings, rules and presentation of evidence, submission of briefs, and oral arguments) as it may deem appropriate.

ATTENDANCE OF WITNESSES

SEC. 603. (a) For the purpose of any investigation or other proceeding relative to the determination of any right to benefits administered under this Act by the Chairman, the Chairman and the Board of Wartime Service Seamen's Appeals within their respective jurisdictions shall have the power to issue subpenas requiring the attendance and testimony of witnesses and the production of any evidence, documentary or otherwise, that relates to such investigation or proceeding. Such attendance of witnesses and production of evidence may be required from any place in the United States or any Territory or possession thereof at any designated place of hearing. Witnesses summoned in accordance with this subsection shall be paid the same fees and mileage as are paid witnesses in the district courts of the United States.

(b) In case of contumacy by, or refusal to obey a subpena lawfully issued to, any person, the Chairman may invoke the aid of any district court of the United States or the United States courts of any Territory or possession, where such person is found or resides or is otherwise subject to service of process, or the District Court of the United States for the District of Columbia if the investigation or proceeding is being carried on in the District of Columbia, in requiring the attendance and testimony of witnesses and the production of evidence. Any such court shall issue an order requiring such person to appear at the place specified in the subpena, whether within or without the judicial district of the court, there to produce evidence, if so ordered; or there to give testimony concerning the matter under investigation or in question; and any failure to obey such order of the court may be punished by said court as an contempt thereof.

(c) No person shall be excused from attending or testifying in obedience to a subpena issued under this Act or from complying with any subpena duces tecum issued under this Act, on the ground that the testimony or evidence, documentary or otherwise, required of him may tend to incriminate him or subject him to a

penalty or forfeiture; but no individual shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he is compelled, after having claimed his privilege against selfincrimination, to testify or produce evidence, documentary or otherwise, but such individual so testifying shall not be exempt from prosecution and punishment for perjury committed in so testifying.

SEC. 604. No individual who by reason of service in the armed forces during the present war has received, or is receiving or is entitled to receive, for any period, compensation or benefits under the provisions of the Servicemen's Readjustment Act of 1944, or under any other Act administered by the Administrator of Veterans' Affairs, shall be entitled to similar benefits under this Act for such period.

FINALITY OF AWARDS

SEC. 605. In the absence of fraud or mistake in mathematical calculation, the finding of facts in, and the decisions upon, the merits of any claim presented under or authorized by this Act if supported by competent evidence, shall not be subject to review by any other administrative or accounting officer, employee, or agent of the United States, except as otherwise provided in this Act.

PENALTIES

SEC. 606. (a) Payment to any attorney or agent for services or assistance rendered or to be rendered in connection with benefits under this Act shall not exceed the amount of fee or compensation approved by the agency administering the benefits involved. Any person who shall, directly or indirectly, solicit, contract for, charge, or receive, or who shall attempt to solicit, contract for, charge, or receive, any fee or compensation, except as herein provided, shall be guilty of a misdemeanor, and for each and every offense shall be punishable by a fine of not more than $500 or by imprisonment at hard labor for not more than one year, or both.

(b) Whoever, in any claim for benefits under this Act, or in any document required by this Act, or by regulation made under this Act, makes any sworn statement of a material fact knowing it to be false, shall be guilty of perjury and shall be punishable by a fine of not more than $5,000 or by imprisonment for not more than two years, or both.

(c) Any person entitled to payment of benefits under this Act, whose right to such payment ceases upon the happening of any contingency and who thereafter fraudulently accepts any such payment shall be punished by a fine of not more than $2.000 or by imprisonment for not more than one year, or both.

(d) Whoever shall obtain or receive any payment or benefit under this Act without being entitled thereto and with intent to defraud the United States shall be punished by a fine of not more than $2,000 or by imprisonment for not more than one year, or both.

Mr. BRADLEY of California. So those of you who were not here may understand what has gone on before, this committee met on the 18th of February on this bill. After a short session it adjourned to await the receipt of reports from various Governmental Departments.

On the 18th of February, the Honorable George P. Miller of California appeared and testified. After Mr. Miller, the Honorable Hale Boggs of Louisiana gave testimony. Upon completion of the testimony of those two gentlemen, Mr. James McCandless of the United States Maritime Commission appeared before the committee, but did not present the Commission's report. Then Mr. William McCauley, Director of the United States Bureau of Compensation, appeared for a brief statement only, and he did not present a report of the Commission.

After that, two letters were introduced into the record. The first was from the commander of the Merchant Marine Veterans Association, dated February 17, 1947, in support of this legislation. The next was a letter from the War Department, dated February 18, 1947, in opposition to this legislation.

I think you should remember those details, so that you will know what has gone on before. Otherwise you are starting rather blankly in the hearing.

In this particular hearing we realize it is one of considerable controversy and will go on for a considerable time. We want to give everyone an opportunity to be heard-a reasonable opportunity-but I do not intend to go on to June 15 or July 1. I do not think that is necessary. It is not my purpose to ask any waivers from the Speaker to meet during sessions of Congress.

I think that Representatives come here to represent their districts on the floor of the House and not to sit in committee meetings while important legislation is going on. So normally you may expect to meet forenoons until we are through but I am not going to ask the Speaker to allow us to sit in the afternoon, unless merely routine legislation is on the floor of the House.

In accomplishing the purposes for which you have come here, I hope to limit you to a certain time. I do not expect to have you running on indefinitely with your testimony, and I do not expect to have constant repetition brought in which merely fills up the record, takes our time, and accomplishes nothing.

As a result we have set a time for the various brackets. We will allow 3 hours for Government Departments. We will allow 5 hours for the supporters of this bill. We will allow 2 hours for the various veteran bureaus and Veterans' Administration, and so on, who desire to testify. I am going to keep track of the time. In the allowance. I am going to charge up the time you use in your statements, and also the time consumed by any questions which may be asked by members while you are making that statement.

Upon completion of your statement, questions asked by the members of the committee will not be charged to the time you have, because sometimes members of the committee may go on asking questions for quite a period and I do not think that is fair, to charge that time up to you.

You see, we must get through. Even with this schedule I have given you here we have practically 2 weeks' hearings, 5 days a week. Members of Congress will be heard at any time they wish, at the end of testimony of witness then before the committee. They will naturally have whatever time they wish in which to testify.

Upon completion of the hearing we will hold an executive session, and we will read the bill paragraph by paragraph, to come to some final recommendation on it. I have received a considerable number of letters from various people throughout the country asking that they be incorporated in the record. Gentlemen, I do not intend to incorporate such things in the record. I could have a book here by having everybody in the United States writing in and saying, "I want this incorporated in the record." Unless there is insufficient testimony offered here in committee, I have no intention whatever of acceding to requests from all over the United States to have this letter put into the record by the committee. It is nonsensical to do so. I believe I have covered all the points so that we know where we stand and can get down to business. Mr. Peterson of Florida who has introduced the bill in here. We shall be very glad to hear your statement, Mr. Peterson, presented in any way that you may wish.

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