HEARINGS BEFORE THE SUBCOMMITTEE ON MERCHANT MARINE OF THE COMMITTEE ON MERCHANT MARINE AND FISHERIES HOUSE OF REPRESENTATIVES NINETIETH CONGRESS FIRST SESSION ON H.R. 162 and H.R. 5749 BILLS TO GRANT THE MASTERS OF CERTAIN UNITED STATES VESSELS A LIEN ON THOSE VESSELS FOR THEIR WAGES AND FOR CERTAIN DISBURSEMENTS Blatt, Herbert L., attorney-adviser, Office of the Solicitor, Fish and Wildlife, Department of the Interior_ Burchill, William R., assistant general counsel in charge of legislation, Davis, Carl C., general counsel, Maritime Administration___ Grogard, Capt. Andrew, Chief, Merchant Vessel Personnel, U.S. Maguire, Capt. Clinton J., legal division, U.S. Coast Guard.. O'Callaghan, Capt. Thomas F., secretary-treasurer, International Organization of Masters, Mates and Pilots. Peterson, C. E., Chief, Branch of Loans and Grants, Bureau of Com- mercial Fisheries, Department of the Interior__ Pierson, Edward, counsel for International Organization of Masters, Substitute text for H.R. 162 and H.R. 5749--- Fisher, Capt. F. M., Jr., letter supplying requested information of ships in default of wages, dated April 19, 1967--- Dewey, Ralph B., president, Pacific-American Steamship Association, 3455 III MASTERS LIENS ON CERTAIN U.S. VESSELS THURSDAY, APRIL 13, 1967 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON MERCHANT MARINE OF THE COMMITTEE ON MERCHANT MARINE AND FISHERIES, Washington, D.C. The subcommittee met at 10: 15 a.m., pursuant to call, in room 1334, Longworth House Office Building, Hon. Edward A. Garmatz (chairman of the subcommittee) presiding. The CHAIRMAN. The meeting will please come to order. We are holding hearings today on H.R. 162 by myself and an identical bill by Congressman St. Onge, H.R. 5749. These bills would grant to the masters of certain U.S. vessels a lien on those vessels for their wages and for certain disbursements. (Bills and reports follow :) [H.R. 162, H.R. 5749, 90th Cong., 1st sess.] A BILL To grant the masters of certain United States vessels a lien on those vessels for their wages and for certain disbursements Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) the master of a vessel documented, registered, enrolled, or licensed under the laws of the United States shall have the same lien for his wages against such vessel and the same priority as any other seaman serving on such vessel. (b) Sections 4546 and 4547 of the Revised Statutes of the United States (46 U.S.C. 603 and 604) shall not apply in any proceeding brought by a master for the enforcement of the lien granted by this section. (c) Section 4535 of the Revised Statutes of the United States (46 U.S.C. 600) is amended by striking out "seaman" each place it appears and inserting in lieu thereof at each such place "master or seaman". (d) Section 12 of the Act of March 4, 1915, as amended (38 Stat. 1164; 46 U.S.C. 601), is amended (1) by striking out "seaman or apprentice" each place it appears and inserting in lieu thereof at each such place "master, seaman, or apprentice", and (2) by striking out in the first proviso thereof "any seaman" and inserting in lieu thereof "any master or seaman". (e) A master shall have the same lien and the same priority for disbursements or liabilities properly made or incurred by him for or on account of the vessel as he has, under the provisions of this section, for his wages. GENERAL COUNSEL OF THE DEPARTMENT OF COMMERCE, Hon. EDWARD A. GARMATZ, Washington, D.C., April 17, 1967. Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: This is in further reply to your request for the views of this Department with respect to H.R. 162 and H.R. 5749, identical bills, to grant the masters of certain United States vessels a lien on those vessels for their wages and for certain disbursements. |