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CHANGES IN EXISTING LAW

merce.

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in section 412 of title 2 of the Canal Zone Code, approved June 19, 1934, made by the bill are shown as follows: Existing law proposed to be omitted is enclosed in black brackets and new matter is printed in italics.

[412. BASES OF TOLLS; MAXIMUM AND MINIMUM RATES.—Tolls may be based upon gross or net registered tonnage, displacement tonnage, or otherwise, and may be based on one form of tonnage for warships and another for ships of com

The rate of tolls may be lower upon vessels in ballast than upon vessels carrying passengers or cargo.

When based upon net registered tonnage for ships of commerce the tolls shall not exceed $1.25 per net registered ton, nor be less than 75 cents per net registered ton, subject, however, to the provisions of article 19 of the convention between the United States and the Republic of Panama, entered into November 18, 1903.

If the tolls are not based upon net registered tonnage, they shall not exceed the equivalent of $1.25 per net registered ton as nearly as the same may be determined, nor be less than the equivalent of 75 cents per net registered ton.

The toll for each passenger shall not be more than $1.50.]

Tolls on merchant vessels, army and navy transports, colliers, hospital ships, supply ships, and yachts shall be based on net vessel tons of one hundred cubic feet each of actual earning capacity determined in accordance with the Rules for the Measurement of Vessels for the Panama Canal prescribed by the President and as may be modified by him from time to time by proclamation, and tolls on other floating craft shall be based on displacement tonnage. The rate of tolls on laden vessels shall not exceed $1, not be less than $0.75 per net vessel ton as determined under the aforesaid rules, and on vessels in ballast without passengers or cargo the rate may be less than the rate of tolls for vessels with passengers or cargo., In addition to the tolls based on measurement or displacement tonnage, tolls may be levied on passengers at rates not to e.rceed $1.50 for each passenger. The levy of tolls is subject to the provisions of article XIX of the convention between the United States of America and the Republic of Panama, entered into November 18, 1903, and of article I of the treaty between the United States of America and the Republic of Colombia proclaimed March 30, 1922.

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GRADUATES OF APPROVED SCHOOL SHIPS RATED AS

ABLE SEAMEN

May 11, 1937.- Referred to the House Calendar and ordered to be printed

Mr. BLAND, from the Committee on Merchant Marine and Fisheries,

submitted the following

REPORT

[To accompany S. 2084)

do pass.

The Committee on Merchant Marine and Fisheries, to whom was referred the bill (S. 2084) to provide that graduates of approved school ships may be rated as able seamen upon graduation, and for other purposes, having had the same under consideration, report it back to the House without amendment and recommend that the bill

The purpose of the proposed bill is to amend in two particulars subsection (a) of section 13 of the act entitied “An act to promote the welfare of American seamen in the merchant marine of the United States; to abolish arrest and imprisonment as a penalty for desertion and to secure the abrogation of treaty provisions in relation thereto; and to promote safety at sea”, approved March 4, 1915, as amended by Public, 808, Seventy-fourth Congress, approved June 25, 1936. The first change made in the last-mentioned act is by striking out of subsection (a) of section 1 of Public, 808, Seventy-fourth Congress, the words “after twelve months service at sea”, and by inserting in lieu thereof the words "upon graduation in good standing from said school ships.” The sentence to be amended reads in the existing law as follows: and graduates of school ships approved by and conducted under rules prescribed by the Secretary of Commerce may be rated able seamen after twelve months service at sea after graduation.

If amended as proposed in the pending bill, this paragraph will then read: and graduates of school ships approved by and conducted under rules prescribed by the Secretary of Commerce may be rated able seamen upon graduation in good standing from said school ships.

H Repts., 75–1, vol. 2-16

The second amendment is by inserting before the period at the end of subsection (e) of section 1 of Public, 808, Seventy-fourth Congress, the following words: or proof that he is a graduate of a school ship approved by and conducted under rules prescribed by the Secretary of Commerce.

The subsection in question now provides that no vessel to which the section applies may be navigated unless all of the complement in her engine department above the rating of coal passer or wiper and below the rating of licensed officer shall be holders of a certificate of service as a qualified member of the engine department. The subsection then provides that the local inspectors of the Bureau of Marine Inspection and Navigation shall, upon application and examination as to competence and physical condition, as prescribed by the Secretary of Commerce, issue such a certificate of service. The concluding sentence in the existing law now reads as follows:

An applicant for such rating shall produce to such inspectors definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by this act to have such certificated men.

The only change is by adding before the period the words: or proof that he is a graduate of a school ship approved by and conducted under rules prescribed by the Secretary of Commerce.

As a result, if this bill becomes law, the sentence under consideration will then read as follows:

An applicant for such rating shall produce to such inspectors definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by this Act to have such certificated men or proof that he is a graduate of a school ship approved by and conducted under rules prescribed by the Secretary of Commerce.

The effect of the first change in the law will permit graduates in good standing from school ships, approved by and conducted under rules prescribed by the Secretary of Commerce to be rated able seamen upon graduation in good standing from said school ships, and not to require them to serve 12 months at sea after graduation before being certificated as able seamen. This restores the law in this respect as it existed before the passage of Public, No. 808, Seventy-fourth Congress.

As stated in the Senate report on this bill:

By a strange quirk in the law, these graduates may serve as officers, but are not permitted to serve as able seamen until a year at sea after graduation. It is the belief of the committee that these men are fully qualified for certification as able seamen, and the purpose of the bill is to make it possible to enjoy their services.

Your committee concurs in this statement.

The second amendment will permit graduates of similar school ships to receive certificates of service in the engine department without the necessity of first serving at least 6 months at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by Public, 808, Seventy-fourth Congress, to have certificated men as therein required. By a similar quirk in the law these graduates may serve as officers in the engine department, but under the existing law may not be certificated for service in the unlicensed personnel of the engine department above the rating of coal passer or wiper until they shall have served 6 months in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by said act to have such certificated men. Your committee believes that these men are fully qualified for certification, and it is the purpose of this section of the bill to make it possible to enjoy their services.

Your committee had comprehensive hearings on the proposed legislation and examined fully into the character of trairing and instruction on these school ships. With the aid of the Federal Government, there are maintained four nautical schools: One in Pennsylvania; one in New York; one in Massachusetts; and one in California. Since funds are being expended for the training of these students their services should be acquired immediately after graduation. These graduates are intensively and efficiently trained. The schools have been in existence for several years, and their graduates have rendered distinguished service in the American merchant marine. Your committee submitted to the Department of Commerce a bill (H. R. 5578) introduced by Representative McCormack, of Massachusetts, and a bill (H. R. 5788) introduced by Representative Walter, of Pennsylvania, these measures being substantially similar to the proposed bill, s. 2084, and your committee was advised that the Department of Commerce had no objection to the bills, and that the Bureau of the Budget had advised the Department that there was no objection to the submission of its reports on said bills to your committee. The letters of the Assistant Secretary of Commerce are as follows:

DEPARTMENT OF COMMERCE,
OFFICE OF THE SECRETARY,

Washington, April 3, 1937.
Hon. 8. O. BLAND,
Chairman, Committee on Merchant Marine and Fisheries,

House of Representatives, Washington, D. C. Mr DEAR MR. CHAIRMAN: In your letter dated March 13, 1937, you requested the Department to furnish your committee with a report on H. R. 5578, a bill to provide that graduates of an approved school ship may be rated as able seamen cpon graduation. It may be noted that line 8 of the bill cites the act to be amended as "approved Mereb 4, 1915”, whereas it should read "approved March 4, 1915, as amended.It is assumed that the words "as amended” were inadvertently omitted.

The bill has been carefully considered by the Department and no objection is interposed to its enactment. The Bureau of the Budget has advised the DepartIrnt that there is no objection to the submission of its report on the aforemenfaced bill to your committee. Cordially yours,

J. M. JOHNSON, Assistant Secretary of Commerce.

DEPARTMENT OF COMMERCE,

Washington, April 30, 1937. Pion. S. 0. BLAND, Chairman, Committee on Merchant Mar and Fisheries,

House of Representatives, Washington, D. C. MIT DEAR MR. CHAIRMAN: In your letter dated March 31, 1937, you requested the views and recommendations of the Department concerning H. R. 5788, a i to provide that graduates of approved school ships may be rated as able ilan upon graduation.

Kindly be advised that the Department has carefully considered the bill and 20 cbjection is interposed to its enactment. The Bureau of the Budget has advised the Department that there would be no tjection by that Office to the transmittal of this report to your committee. Cordially yours,

J. M. JOHNSON, Assistant Secretary of Commerce

CHANGES IN EXISTING LAW

In compliance with paragraph 2a of rule XIII of the Rules of the House of Representatives, changes in subsections (a) and (e) of section 13 of the act approved March 4, 1915, as amended by Public, 808, Seventy-fourth Congress, made by this bill are shown as follows: Existing law proposed to be omitted is enclosed in black brackets; new matter is printed in italics; existing law in which no change is proposed is shown in roman.

Sec. 13. (a) That no vessel of one hundred tons gross and upward, except those navigating rivers exclusively and the smaller inland lakes and except as provided in section 1 of this Act, shall be permitted to depart from any port of the United States unless she has on board a crew not less than 75 per centum of which, in each department thereof, are able to understand any order given by the officers of such vessel, nor unless 65 per centum of her deck crew, exclusive of licensed officers and apprentices, are of a rating not less than able seamen. Every person shall be rated an able seaman, and qualified for service as such on the seas, who is nineteen years of age or upward, and has had at least three years' service on deck at sea or on the Great Lakes, on a vessel or vessels to which this section applies, including decked fishing vessels, and vessels in United States Government service; and every person shall be rated an able seaman, and qualified to serve as such on the Great Lakes and on the smaller lakes, bays, or sounds who is nineteen years of age or upward and has had at least eighteen months' service on deck at sea or on the Great Lakes or on the smaller lakes, bays, or sounds, on a vessel or vessels to which this section applies, including decked fishing vessels and vessels in the United States Government service; and graduates of school ships approved by and conducted under rules prescribed by the Secretary of Commerce may be rated able seamen [after twelve months' service at sea after graduation] upon graduation in good standing from said school ships: Provided, That no boy shall be shipped on any vessel to which this section applies unless he meets the physical qualifications contained in regulations to be prescribed by the Secretary of Commerce and that no boy shall be placed on the lookout or at the wheel except for the purpose of learning, and that in narrow and crowded waters or in low visibility none below the rating of able seaman shall be permitted at the wheel: Provided further, That no deck boy shall be held qualified to fill the place of ordinary seaman until he has had at least six months' service as deck boy: Provided further, That upon examination, under rules prescribed by the Department of Commerce as to eyesight, hearing, and physical condition, such persons or graduates are found to be competent: Provided further, That upon examination, under rules prescribed by the Department of Commerce as to eyesight, hearing, physical condition, and knowledge of the duties of seamanship, a person found competent may be rated as able seaman after having served on deck twelve months at sea or on the Great Lakes, but seamen examined and rated able seamen under this proviso shall not in any case compose more than one-fourth of the number of able seamen required by this section to be shipped or employed upon any vessel.

(e) No vessel to which this section applies may be navigated unless all of the complement in her engine department above the rating of coal passer or wiper and below the rating of licensed officer shall be holders of a certificate of service as a qualified member of the engine department. The local inspectors of the Bureau of Marine Inspection and Navigation shall, upon application and examination as to competence and physical condition, as prescribed by the Secretary of Commerce, issue such a certificate of service. An applicant for such rating shall produce to such inspectors definite proof of at least six months' service at sea in a rating at least equal to that of coal passer or wiper in the engine department of vessels required by this Act to have such certificated men or proof that he is a graduate of a school ship approved by and conducted under rules prescribed by the Secretary of Commerce.

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