we do not feel that the 91,000 figure is anything more than a temporary set-up.

Gentlemen, we shall have to adjourn. Tomorrow morning the committee, I think under the chairmanship of Mr. Tollefson, will meet in 414. I will be glad to have any of you present.

Unfortunately, I am on another committee meeting in the morning. It looks like we possibly might complete these hearings this week if we keep steadily at it.

We shall again resume session to consider H. R. 3569 which is the substitute bill sent in by Mr. Keogh, in accordance with the recom mendations we made at our last full committee meeting covering authorization to construct a chapel and library at the Merchant Marine Academy, Kings Point.

May I read to you the body of the bill now so you will see exactly what it is. We have struck out all controversial matters, and it simply states that:

The United States Maritime Commission is authorized to construct a suitable chapel for religious worship by any denomination, sect, or religion, and a library at the United States Merchant Marine Academy at Kings Point, N. Y.

The Maritime Commission is authorized to acquire an appropriate site or sites adjoining the present Merchant Marine Academy reservation either by purchase, condemnation, gift, or otherwise.

The Maritime Commission is authorized to accept private contributions to assist in defraying the cost of construction of the chapel and library provided for herein. Such contributions shall be received and accounted for under such regulations as the Comptroller General of the United States may prescribe.

There are authorized to be appropriated such sums as may be necessary to complete the purposes of this act.

You will note we have stricken out all controversial legislation. This bill was reintroduced by Mr. Keogh. If it meets with your approval, I should like to have your authority to report it favorably to the full committee.

Mr. ALLEN. I so move.

Mr. HAVENNER. I second the motion.

Mr. BRADLEY. Thank you. All in favor signify by the usual sign. (The question being put, the motion was unanimously carried.) Mr. BRADLEY. The committee meeting is adjourned.

(Thereupon, at 11:55 o'clock a. m., the hearing was adjourned to reconvene at 10 o'clock a. m.. Wednesday, June 4, 1947.)

SEAMEN'S BILL OF RIGHTS

THURSDAY, JUNE 5, 1947

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE No. 1 OF THE COMMITTEE

ON MERCHANT MARINE AND FISHERIES,

Washington, D. C. The subcommittee convened at 10 a. m., pursuant to adjournment, Hon. Willis W. Bradley (chairman) presiding.

Present: Messrs. Bradley (chairman), Tollefson, Havenner, and Maloney.

Mr. BRADLEY. Gentlemen, we shall commence on this hearing in the hope that more members will be present in the near future.

I regret very much we were unable to meet yesterday, but we could not obtain a committee room. We have so many subcommittees meeting that there are simply not enough rooms to accommodate us. At this point I ask unanimous consent to introduce in the record a statement of the CIO maritime committee, and a part of a statement by V. I. Malone, president, marine firemen's union.

TESTIMONY OF THE CIO MARITIME COMMITTEE BEFORE THE HOUSE MERCHANT MARINE AND FISHERIES COMMITTEE ON H. R. 476

INTRODUCTION

In view of the exhaustive consideration H. R. 476 and similar bills have had in previous Congresses we propose to limit our statement to high lights of the issue, primarily for the benefit of the new Members.

We should like to call the attention of the new Members to Congressman Bland's concise statement of the case for this measure in a speech before the House on August 2, 1946; to House Report No. 2303, Seventy-ninth Congress, second session, which accompanied a like measure when it was reported out favorably in that Congress; and to the 480 pages of hearings replete with factual information published during the Seventy-ninth Congress.

NOT A VETERANS' BILL

The Merchant Seamen's War Service Act is not a bill to grant veterans' status or benefits comparable to those received by the veterans of the armed forces to war-service seamen. It is a bill specifically designed to aid merchant seamen ; in the words of this committee in its report in the Seventy-ninth Congress a bill "to meet the dislocations caused by their war service." This point bears repetition since most of the opposition is founded on the fictitious basis of comparability with veterans' benefits. As Congressman Bland told the House on August 2, 1946: "It is a bill tailored to meet the problems raised by wartime service in the merchant marine. The benefits it would confer are essentially civilian in nature and limited in extent."

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QUASI-MILITARY SERVICE

While the merchant marine was a volunteer, civilian service it was quasi military in nature. The descriptive term "quasi military" is from this committee report in the Seventy-ninth Congress. I do not think there is need for further discussion about the service and heroism of merchant seamen in war zones and invasions throughout the world. I refer the committee to the statements of our top military leaders on page 7 of last year's hearings and to other factual information on pages 4 through 20 of those hearings.

EARNINGS MODERATE

The average take-home pay of the war-service merchant seaman (approximately $2,000 to $2,200 according to the Bureau of Labor Statistics) was but little higher than the take-home pay of the typical serviceman. We do not believe a comparison is germane to a discussion of a bill specifically designed for maritime service but, for those who insist on muddying the waters with such comparisons, a comparison should, in all fairness, take into account that servicemen, in addition to base pay, receive the following compensation:

(a) Allotments (average of $51 per month excluding serviceman's contribution according to the Navy).

(b) Sea duty or overseas pay (20 percent of base earnings).

(c) Special income-tax exemption.

(d) Terminal-leave pay.

(e) Mustering-out pay.

And that the merchant seaman receives no pay while ill, on furlough, or in port awaiting ship. We call the attention of the committee to pages 101, 102, 103, 258, and 261 for more information on comparative earnings.

EDUCATION

No more concise and logical explanation of the need for title II providing educational benefits could be given than that contained in Congressman Bland's speech of August 2. We should like to quote briefly from that speech. Congressman Bland said: "This title alone bears resemblance to the rights provided for veterans of the armed forces. The basic outline of this title was advisedly patterned after the veterans' program on the counsel of the United States Office of Education, the Veterans' Administration, and other governmental agencies which cautioned against adding to the heavy burdens now upon our educational institutions by the creation of a new system. The program is to be administered by the Federal Security Administrator. The subsistence allowances are somewhat lower than those paid under the GI bill of rights. Emphasis in the educational program is laid upon maritime training so that our postwar merchant marine will have the well-trained and efficient personnel contemplated by the Merchant Marine Act of 1936.

"The Committee on the Merchant Marine and Fisheries in urging the adoption of this title was fully conscious of the fact that these benefits were similar to those granted to veterans of the armed forces, but felt that the facts and the welfare of the Nation justifies them. The report of the committee states: "The wartime maritime labor force was substantially drawn from the youth of the country. Of the more than 150,000 men trained by the training organization of the War Shipping Administration, approximately 65 percent were between the ages of 16 and 26. It is thus evident that a larger percentage of these young men had their education interrupted, delayed, or interfered with than was true of the members of the armed forces. It is further apparent that, in view of the youth of those trained for the merchant marine, a greater proportion of these men were drawn from secondary schools. In view of the value of an educated citizenry, it is to the interest of the Nation, as well as to the individuals, that provision for education should be made for those who served their country in the United States merchant marine.''

TITLE III UNNECESSARY

Title III can be eliminated since the changes it proposes in Public Law 87, Seventy-eighth Congress, relating to reemployment rights for seamen were made in a separate bill passed by Congress last year.

HOSPITALIZATION

Title IV extends existing hospital rights at the United States marine hospitals to cover lifetime care for war-incurred or war-aggravated disabilities. Certainly this provision will have the unanimous support of all the American people. This title also proposes minor changes in the existing civilian vocational rehabilitation program to enable disabled seamen to take such rehabilitation where they are rather than solely in the State of their legal residence, as presently required.

DISABILITY AND DEATH BENEFITS

Title V of H. R. 476 provides permanent protection for the war-maimed and the dependents of the war-deceased who are now being cared for under the temporary and inadequate expedient of war-risk insurance and Public Law 449, Seventyninth Congress. It would also provide protection for many deserving cases which are at present completely without any form of compensation because of inadequacy of existing law. We refer the committee to last year's report, page 9, for an excellent statement of the need for this title, and to pages 33 through 43 of the hearings for typical histories of disability and death cases which are presently unprotected.

AMENDMENTS TO PROVIDE PROTECTION FOR NONCITIZEN WAR SERVICE SEAMEN

Section 102 (a), lines 10 through 14, page 5, of H.R. 476 requires that a warservice seaman, in order to be eligible for benefits, must be a citizen, a national, or a bona fide resident who has taken out his first naturalization papers prior to March 2, 1946. We believe that the latter requirement is an unintentional barrier to protection for a group of noncitizen war-service seamen who made an incalculable contribution to the war effort.

In order to be a bona fide resident a person must have been lawfully admitted for permanent residence under our immigration laws and must have a certificate of arrival to prove it. Persons who enter the United States as seamen cannot secure a certificate of arrival. The only seamen who are bona fide residents are those who arrived in the United States with immigration visas and they are an insignficant minority of the noncitizen seamen who served in our merchant marine during the war.

Faced with a serious shortage of skilled seamen throughout the war our Government encouraged noncitizen seamen to serve in the American merchant marine. No distinction was made between citizenship and noncitizenship in the payment of war-risk insurance and benefits under Public Law 449. It would be patently unfair to deny further protection to a totally disabled noncitizen seaman who was injured in a torpedoing or bombing while serving in our merchant marine alongside of citizen seamen who will be so protected by this bill.

The situation can be best explained with an example. Akse L. Bergh is a chief steward who has been sailing for 12 years. When the United States got into the war, Bergh tried to join the Army and the Navy. On both occasions he was turned down and was told that he would be more useful to the United States as merchant seaman.

He started sailing on American ships about 3 months after Pearl Harbor. From March 1942 to February 1943 he sailed on the Caribbean run, the graveyard of dozens of merchant vessels. Later in 1943 Bergh was a member of the first Allied convoy through the Mediterrean prior to the invasion of Sicily. At that time he was serving on the George Chamberlain, which was carrying ammunition and tanks to the Persian Gulf. From May 1944 to May 1945, he worked on the Stephen Furdick, a WSA ship which shuttled troops and ammunition between Dutch Guiana and the Philippines. During this period, he participated in the invasion of Leyte. For his loyal, sober, industrious, and conscientious services, he received a letter of commendation from Capt. R. P. Quillin.

Born in Norway, Bergh's attempts to obtain a visa so that he could apply for citizenship are interesting and revealing. In May 1943 he applied for a visa and was informed by the State Department that he didn't need one because seamen were allowed ashore. "Should application for an immigration visa be made after the war," the State Department letter added, "due consideration will be given the fact that the applicant rendered services in the cause of the United Nations." The letter went on to say it was not possible at the time to state what the procedure would be after the war.

In January 1945 Bergh again 'applied for a visa, stating in his letter that he wanted to become a citizen and that he needed a visa because of "the ruling that a lawful admission to the United States for permanent residence is a prerequisite for the filing of an application for naturalization."

The State Department replied that "Your visa case has been carefully reviewed; however, in view of the importance of the services of seamen in the war effort, the Department would not be justified in changing the decision indicated in its letter of May 23, 1943."

Thus Mr. Bergh was prevented from securing his legal residence in this country by the fact that he was an experienced seaman whose services were vitally needed in the merchant marine. His requests for an immigration visa were denied solely because his services were needed in the merchant marine. Now he is to be denied protection under H. R. 476 because he is not a bona fide resident with first papers.

There are about 12,000 cases like that of Akse Bergh. The great majority of them are skilled seamen who entered our merchant marine prior to or early in the war and went through the most dangerous and most arduous service. Because of this lengthy and hazardous service there is a greater incidence of disability among these noncitizen seamen and a greater need for protection. Had these men served in the armed forces for only 3 months they would have been eligible for citizenship. All were advised by our Government to remain in the merchant marine where their skills were most badly needed.

Accordingly, we urge the committee to adopt the language contained in Senator White's bill, S. 429. We urge the committee to strike lines 12, 13, and 14 on page 5 and substitute the following:

"(B) has, prior to the filing of the application, been lawfully admitted to the United States for permanent residence, and is not, at the time of such filing, a resident of any foreign country, and is eligible to citizenship by naturalization; and"

We also urge the committee to give consideration to addition of a new title to H. R. 476 to ease the immigration and naturalization provisions for noncitizen seamen who rendered service in war or danger zones during the war.

Under section 325 of the Nationality Act of 1940 residence requirements of our immigration and naturalization laws are waived for persons who serve for 5 years on American-flag vessels. We urge that the requirement be reduced to 3 years for service in war or danger zones during the war. The committee should note that this provision is for 3 years of sea time which is actually in the neighborhood of 4 years' service when one takes into account periods of illness, rest, and time spent awaiting ship in port. We also urge that a period of 1 year of actual sea service in war or danger zones make a seaman eligible for legal entry into the United States.

The only honorable course is for the United States to keep its wartime promises to these men who have done so much for our cause. The number involved is extremely small but the principle is important. Many of these men have citizen wives and children in this country. Many were wounded. Many received citations for action under attack. They took everything the enemy had to throw against America's "bridge of ships" and they took it alongside of American seamen. Now they ask the right to live as Americans, to remain with their wives, children, friends, and ties in this country, to sail American ships in peacetime as in war, to give to this country of their skills and abilities, and to share in its responsibilities.

Because of the imminent return to peacetime citizenship requiremente for serv ice aboard American-flag vessels they are now faced with deportation. We attach herewith a new title which we urge the committee to study seriously so that our debt to these valiant seamen can be paid in full.

TECHNICAL AMENDMENTS

In view of the fact that H. R. 476 was originally drafted for enactment in the Seventy-ninth Congress there are certain minor amendments such as changes in dates which are necessary. We have not had an opportunity to review the measure thoroughly for these technicalities, because of press of other work, but we will be glad to aid the committee in every way possible in catching these changes before the bill is reported. We had in mind changes such as extension of the time limit on applications under the bill from March 2, 1948, as it is now in lines 8 and 9 on page 5, to perhaps March 2, 1949. Until this measure becomes law and until rules and regulations are established under its provisions would