[Congressional Record Volume 141, Number 1 (Wednesday, January 4, 1995)]
[Extensions of Remarks]
[Pages E22-E23]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


       INTRODUCTION OF THE MERCHANT MARINERS FAIRNESS ACT OF 1995

                                 ______


                            HON. JACK FIELDS

                                of texas

                    in the house of representatives

                       Wednesday, January 4, 1995
  Mr. FIELDS of Texas. Mr. Speaker, it is an honor for me to 
reintroduce, along with our distinguished colleague Lane Evans, on this 
first day of the new 104th Congress, the Merchant Mariners Fairness 
Act.
  During the last Congress, this bill received extensive consideration 
but, regrettably, it was not enacted into law. In fact, it was 
cosponsored by 241 Members and it was adopted by the House of 
Representatives on three separate occasions.
  The bill I am reintroducing today is the product of that careful 
consideration. It has been endorsed by many diverse groups, including 
the largest American Legion post in the United States, the Disabled 
American Veterans, and the AFL-CIO. It deserves the support of every 
Member of the House of Representatives.
  Mr. Speaker, by way of background, my colleagues should know that 
during World War II, some 17.9 million men and women were inducted into 
our Armed Forces. Of that figure, 6.3 million volunteered and the 
remaining 11.6 million were drafted. Of this total, some 6.4 million or 
35.8 percent were rejected for active duty because of various physical 
or mental disabilities.
  Furthermore, it is interesting to note that of the nearly 12 million 
Americans who served in active duty status, 73 percent served overseas 
and, of these, 38.8 percent had rear echelon assignments. I have 
presented these figures only to illustrate that millions of uniformed 
men and women never served outside of the United States. In no way does 
this denigrate or negate their vital service to this country. It simply 
means that these individuals were needed here in the United States to 
train those who did go overseas.
  Furthermore, some 270,000 men volunteered for service in the U.S. 
merchant marine. Many of these men joined the merchant marine because 
they had physical impairities, such as poor eyesight, or because they 
were too young to serve in the Army, Navy, or Marine Corps. Many of 
them could have avoided service but instead they chose to serve their 
country by enlisting in the U.S. merchant marine.
  Of the 270,000 that volunteered, 37 died as prisoners of war, 6,507 
were killed in action and 4,780 are missing and presumed dead. In 
addition, some 733 U.S. merchant ships were destroyed. In fact, the 
casualty rate for the merchant marine was only one-tenth of 1 percent 
lower than the Marine Corps, which had the highest casualty rate of any 
branch of service during the war.
  In order to man our growing merchant fleet during World War II, the 
U.S. Maritime Commission established various training camps around the 
country under the direct supervision of the Coast Guard. After 
completing basic training, which included both small arms and cannon 
proficiency, a seaman became an active member of the U.S. merchant 
marine.
  These seamen helped deliver troops and war material to every Allied 
invasion site from Guadalcanal to Omaha Beach. They also transported 
troops back home to the United States and, when that task was 
completed, they carried food and medicine to millions of the world's 
starving people.
  Mr. Speaker, it has been 49 years since the end of World War II. 
Nevertheless, there are still some Americans who served in that war who 
have not received the honors, benefits, or rights they deserve. H.R. 44 
will correct that injustice by providing veterans status to some 2,500 
merchant mariners who have become the forgotten patriots of World War 
II.
  Unlike their brothers in uniform, America's merchant seamen came home 
to no ticker-tape parades or celebrations. Little, if anything, was 
said about the contributions they made to defeating the Axis powers or 
to preserving the freedoms that all Europeans and all Americans 
cherish. Worse, these merchant seamen came home to none of the veterans 
benefits enjoyed by other Americans who served their country during the 
World War II period.
  In 1987, after years of litigation and delay, U.S. District Judge 
Louis S. Oberdorfer ruled that previous decisions by the Air Force 
rejecting veterans status for World War II merchant seamen were 
``arbitrary and capricious and not supported * * * by substantial 
evidence.''
  Despite the results of this landmark court case, then Air Force 
Secretary Edward Aldridge unilaterally decided that World War II ended 
on August 15, 1945, for those who served in the U.S. merchant marine.
  Mr. Speaker, clearly, that was a most unfair and unsupportable 
decision. By establishing this date, the Secretary made a determination 
that has no basis in law. The August 15, 1945, date does not appear 
anywhere in the Federal court decision mandating veterans status and, 
according to the Air Force, there is no documentation, no precedent, 
and no justification for choosing V-J Day.
  Let me briefly describe why the August 15, 1945, date is wrong and 
why these 2,500 Americans have earned the right to be given veterans 
status.
  First, the Federal War Shipping Administration [WSA] was in control 
of all ship movements far beyond the date of August 15, 1945. In fact, 
the WSA did not go out of existence until August 31, 1946. Until that 
time, merchant mariners traveled under sealed orders on ships which 
were under the direct military control of the U.S. Navy.
  During the hearings on this legislation, we learned that at least 13 
U.S. merchant vessels were damaged or sunk after August 15, 1945--a 
greater number than were lost at Pearl Harbor. One of them was the S/S 
Jesse Billingsley, which was hit by a mine off the coast of Trieste, 
Yugoslavia, on November 19, 1945. One U.S. merchant mariner lost his 
life in that explosion.
  In addition, we must remember that for the U.S. merchant marine, the 
war did not end on August 15, 1945. Defense shipping actually increased 
after that date to 1,200 sailings in De- 
[[Page E23]] cember 1945, as compared to the World War II monthly peak 
of 800.
  Second, while the Japanese indicated their desire to surrender on 
August 15, 1945, the situation facing the U.S. merchant marine did not 
radically change on that date. In fact, I have a copy of a telegram 
sent on August 15, 1945, by the U.S. Naval Pacific Command which states 
that ``for all merchant vessels in the Pacific Ocean areas, Japan has 
surrendered. Pending
 further orders, all existing instructions regarding defense, security, 
and control of merchant shipping are to remain in force. Merchant ships 
at sea, whether in convoy or sailing independently, are to continue 
their voyages.''

  Third, it wasn't until December 31, 1946, that President Harry Truman 
declared in a press conference that he was issuing Proclamation 2714, 
which states that ``although a state of war still exists, it is at this 
time possible to declare, and I find it in the public interest to 
declare, that hostilities have terminated.''
  And, finally and most importantly, all of our Federal laws that 
affect those who served during the World War II period use the date 
December 31, 1946.
  There is no arbitrary cutoff date for the Male Civilian Ferry Pilots, 
the Wake Island Defenders, the Guam Combat Patrol, or the Women's Army 
Auxiliary Corps and there shouldn't be any for our Nation's merchant 
mariners.
  Mr. Speaker, H.R. 44 will correct Secretary Aldridge's unfair 
decision by eliminating the unsupportable date of August 15, 1945. It 
is a fair solution to this problem because it treats all those who 
served during the World War II period in exactly the same manner. If an 
individual was in a Navy boot camp or Army basic training on December 
31, 1946, then they have been considered a World War II veteran for the 
past 49 years.
  While the 2,500 Americans affected by H.R. 44 would be eligible for a 
variety of veterans benefits, in reality the only benefits they are 
likely to obtain are recognition, the right to have a flag on their 
coffin, and a headstone.
  After all, education benefits have long since expired, people in 
their late-60's do not buy new homes, and all of these individuals are 
already eligible for Medicare benefits. In short, it is highly unlikely 
that any of these individuals will ever obtain care at a VA hospital. 
In fact, we know that 76,000 merchant mariners have been given veterans 
status because of the 1988 decision and, of that number, only a handful 
have received VA hospital benefits.
  Mr. Speaker, it is for this reason that the Congressional Budget 
Office has estimated that H.R. 44 would result in negligible outlays to 
the Federal Government in fiscal year 1995.
  I have been contacted by hundreds of people affected by Secretary 
Aldridge's unfair decision. Each of these Americans share the common 
characteristic of love of country and the commitment to serve during 
one of the most difficult periods in our Nation's history.
  Because of their young age or physical impairments, most of these men 
could have simply chosen to avoid service during World War II. However, 
they chose not to do so, and we must not, even at this late hour, 
forget them.
  Mr. Speaker, it is essential that we resolve this problem 
legislatively because the Department of the Air Force seems unwilling 
to correct it administratively.
  Finally, I would like to acknowledge the outstanding leadership of 
Congressman Lane Evans. We have stood together on this legislation for 
a number of years and Lane Evans is a champion for our Nation's 
veterans.
  I urge the House of Representatives to move H.R. 44 so that we can 
finally provide these Americans with the recognition which they have 
long deserved. In my 15 years in Congress, I have never seen an issue, 
which affects so few people, attract the support of so many Americans. 
It is time we finally enacted this important legislation into law. 
These men have waited a lifetime to tell their grandchildren that they 
are World War II veterans.


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