itle 46, sec. 672 (a)), to require that merchant seamen be able to undertsand rders given in the English language, and for other purposes," and inviting any omments I may care to offer concerning the proposed legislation. The bill, if enacted, would broaden section 13 by requiring certain vessels arrying passengers for hire to have on board a crew all of whom are able to nderstand any order, written or oral, given by the officers of such vessels in the nglish language. Since the provisions of the bill apparently do not involve t'e expenditure of ublic moneys or affect the duties or functions of the General Accounting Office, make no recommendation with respect to the enactment of S. 2450. Sincerely yours, LINDSAY C. WARREN, Comptroller General of the United States. THE SECRETARY OF COMMERCE, Washington, February 18, 1952. Ion. EDWIN C. JOHNSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. DEAR MR. CHAIRMAN: This letter is in further reply to your request of Januay 18, 1952, for the views of this Department concerning S. 2450, a bill to amend ection 13 of the act of March 4, 1915 (38 Stat. 1169), as amended (U. S. C., itle 46, sec. 672 (a)), to require that merchant seamen be able to understand orders given in the English language, and for other purposes. The proposed legislation would amend the present law by adding a requirement that the entire crew, instead of only 75 percent thereof, of seagoing merchant vessels of over 100 gross tons carrying passengers for hire, shall be able to understand any order in English, whether written or oral, given by officers of such vesThis amendment is to take effect approximately 6 months after the enactment of the bill. S. 2450 further provides that certificates of service for ratings, other than as able seaman or as qualified member of the engine department, should not be issued unless the applicant satifies the issuing officer that he knows sufficient written and spoken English to perform adequately all duties required of him and to carry ut the lawful orders of his superior officers on shipboard. This provision is to become effective the day following the enactment of the bill. All merchant seamen of the passenger ships described in the bill should be able to read written instructions and understand the oral directions of their superior foers, for their own safety as well as for the safety of the passengers and the up. With respect to the amendment proposed in section 2 of the bill, it would seem ear that on any ship flying the American flag those persons who wish to secure ratings above able seaman or qualified member of the engine department should have a sufficient command of the English language to understand orders of their periors and, if need be, to transmit those orders to others, since the understandng and transmission of orders may be a vital part of the duties of men holding e ratings and the superior if not the subordinate will almost always have English as his primary language. In the light of these facts, this Department recommends the early enactment S. 2450 by the Congress. We are advised by the Bureau of the Budget that it ould interpose no objection to the transmission of this report. If we can be of further assistance in this matter, please call on us. Sincerely yours, THOMAS W. S. DAVIS, Acting Secretary of Commerce. DEPARTMENT OF JUSTICE Hon. EDWIN C. JOHNSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate, Washington, D. C. February 6, 1952 MY DEAR SENATOR: This is in response to your request for the views of t Department of Justice relative to the bill (S. 2450) to amend section 13 of the a of March 4, 1915 (38 Stat. 1169), as amended (U. S. C., title 46, sec. 672 (a)), require that merchant seamen be able to understand orders given in the Englis language, and for other purposes.' Since the measure does not seem to relate to a matter within the purview this Department, we would prefer not to offer any comment concerning it. Sincerely A. DEVITT VANECH, Deputy Attorney General. DEPARTMENT OF STATE, Hon. EDWIN C. JOHNSON, Chairman, Committee on Interstate and Foreign Commerce, United States Senate. MY DEAR SENATOR JOHNSON: Reference is made to your letter dated Janua 18, 1952, transmitting for the comment of the Department of State a copy of 2450, to amend section 13 of the act of March 4, 1915 (38 Stat. 1169), as amend (U. S. C., title 46, sec. 672 (a)), to require that merchant seamen be able to und stand orders given in the English language, and for other purposes," and to t Department's reply of January 21, 1952. The Department has no objection to the proposed legislation. The Department has been informed by the Bureau of the Budget that there no objection to the submission of this report. Sincerely yours, The PRESIDENT OF THE SENATE. JACK K. MCFALL, Assistant Secretary (For the Secretary of State) TREASURY DEPARTMENT, SIR: There is enclosed herewith a draft of a proposed bill to amend section of the act of March 4, 1915 (38 Stat. 1169), as amended (U. S. C., title 46, : 672 (a)), to require that merchant seamen be able to understand orders giver the English language, and for other purposes. The purpose of this proposed legislation is to amend "An act to promote welfare of American seamen in the merchant marine of the United States; abolish arrest and imprisonment as a penalty for desertion and to secure abrogation of treaty provisions in relation thereto; and to promote safety at se approved March 4, 1915, as amended, in two particulars. Section 1 would am the first sentence of section 13 of said act to require that, in case of a vessel carry passengers for hire, all crew members be able to understand oral or written or in the English language. This section, since its enactment, has been constr not to require that orders be issued in the English language, and not to req the understanding of written orders; only that oral orders in any language understood by 75 percent of the crew. Section 2 would amend the first pro of subsection (g) of section 13 of said act to require that certificates of service the entry ratings shall not be issued before an applicant has demonstrated to satisfaction of the Coast Guard that he has sufficient knowledge of the Eng language, written and spoken, adequately to perform all duties required of by law and to carry out orders of his superior officers. The effect of this proposed legislation would be: (a) to require, effective at 6 months after enactment, that the entire crew of all seagoing vessels of over gross tons, carrying passengers for hire, be able to comprehend the Eng language, written and spoken; and (b) to require, effective the day after en ment, that Coast Guard personnel charged with issuing certificates of ser for ratings, other than as able seaman or a qualified member of the engine partment, assure themselves that all applicants can comprehend the Eng quirements become law all seagoing vessels of over 100 gross tons eventually have crews aboard all of whom can comprehend the English language, either ten or spoken. Under the method proposed in this legislation this would be omplished without creating hardships on competent crew members now emtired, or available for employment, who cannot fulfill these qualifications. The Treasury Department is of the opinion that existing law permitting 25 perat of the crew of any seagoing merchant vessel of over 100 gross tons to be able to understand the language spoken by their officers should be amended so to correct this situation. It is believed that any member of the crew of a mert vessel of the United States is not competent to carry out the normal duties pected of him unless he can speak and understand the language spoken by the officers of the vessel, which is normally English. This is doubly important at emergency arising on a vessel because of the need for immediate action in circumstances. Crew members, under emergency conditions particularly, ften required to relay orders to men stationed in various parts of the vessel. Leed for correcting this situation is especially apparent on passenger vessels where the duties of many crew members in emergencies such as fire, collision, and aadon ship, include caring for passengers, instructing them in the precautions ry for their safety, and preventing panic. They cannot perform these adequately, it seems, unless they can speak and understand English. Is also necessary in the interest of safety that crew members be able to read English. With the operating and safety mechanisms aboard ship becoming *** complicated much reliance must be placed in printed signs, warnings, and ing instructions. It certainly seems necessary, also, that a crew member *e to read and understand his specific duties in emergency situations, as set in the vessel's station bill. Coast Guard has, in the past, been convinced that in the interest of safety the certificates of certain crew members who clearly were unable adequately form the duties of their ratings aboard ship because of their complete into understand the normal orders connected with their work should have oked. This cannot be done under existing law even though this lack of to comprehend orders appears to result in gross incompetency under 14450. The statutory provisions that this proposed legislation would amend etta finding that would result in the revocation of certificates of such persons. would be appreciated if you would lay the proposed bill before the Senate. dar proposed bill has been transmitted to the Speaker of the House of Reptatives. Department has been advised by the Bureau of the Budget that there is action to the submission of this proposed legislation to the Congress. Very truly yours, E. H. FOLEY, Acting Secretary of the Treasury. Lator MAGNUSON. If there are no other witnesses, why, I would ad to leave the record open if anybody wanted to add anything er, but I think we have got a pretty good record on all these three es that we can submit to the committee. ant to thank everybody for being here today. Thank you. Thereupon, at 4:50 p. m., the committee adjourned.) X AFFECTING OUR MERCHANT MARINE HEARING BEFORE THE SUBCOMMITTEE ON MERCHANT MARINE AND MARITIME MATTERS OF THE COMMITTEE ON INTERSTATE AND FOREIGN COMMERCE UNITED STATES SENATE EIGHTY-SECOND CONGRESS SECOND SESSION ON DISCRIMINATORY ACTS OF FOREIGN GOVERNMENTS APRIL 4, 1952 Printed for the use of the Committee on UNITED STATES WASHINGTON: 1952 |