PERMITTING AMERICAN VESSELS TO ASSIST IN JULY 29, 1940.-Committed to the Committee of the Whole House on the state of the Union and ordered to be printed Mr. HENNINGS, from the Committee on Foreign Affairs, submitted the following REPORT [To accompany H. R. 10213] The Committee on Foreign Affairs, to whom was referred the bill (H. R. 10213) to permit American vessels to assist in the evacuation. from the war zones of certain refugee children, having considered. the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Insert a comma in lieu of the period at the end of line 13 on page 1 and add the following: and if such vessel has painted prominently, distinctly, and unmistakably on each side thereof an American flag and a statement that such vessel is a refugee-child rescue ship of the United States or under United States registry, so that night or day there can be no mistake as to the identity of such vessels. As amended, this bill amends section 4, as amended, of the Neutrality Act of 1939. In accordance with clause 2a, rule 13, there is inserted in this report the above-mentioned section (the amendatory language in italics): SEC. 4. (a) The provisions of section 2 (a) shall not prohibit the transportation by vessels unarmed and not under convoy, under charter or other direction and control of the American Red Cross, of officers and American Red Cross personnel, medical personnel, and medical supplies, food, and clothing, for the relief of human suffering. (b) The provisions of sections 2 (a) and 3 shall not prohibit the transportation by vessels, in ballast, unarmed, and not under convoy, of refugee children, under sixteen years of age, fleeing from war zones, together with such necessary adult personnel in charge as may be approved by the Secretary of State, if such vessel is proceeding under safe conduct granted by all of the states named in the proclamations issued under the authority of section 1 (a), and if such vessel has painted prominently, distinctly, and unmistakably on each side thereof an American flag and a statement that such vessel is a refugee-child rescue ship of the United States or under United States registry, so that night or day there can be no mistake as to the identity of such vessels. The question of bringing refugee children to the United States. from the war zones has received most careful study and consideration by the Committee on Foreign Affairs, both in executive session and in public hearings. In reporting this bill to the House, the committee was unanimously in favor of action to permit American vessels to assist in the evacuation of refugee children from the war zones. The principal concern of the committee was to insure, insofar as it is possible so to do by legislative means, that every precaution possible be taken for the safety of such children while being transported to the United States. As reported, the bill contains the requirement that vessels used for such purposes must proceed under safe conduct granted by all of the States named in the proclamations issued under the authority of section 1 (a) of the Neutrality Act of 1939. A further safeguard is incorporated in the requirement that American vessels used for transporting refugee children to the United States be conspicuously and unmistakably marked on each side with an American flag and a statement that such vessel is a refugee-child rescue ship of the United States or under United States registry, so that night or day, there can be no mistake as to the identity of such vessels. O LUKE A. WESTENBERGER JULY 30, 1940.-Committed to the Committee of the Whole House and ordered to be printed Mr. EBERHARTER, from the Committee on Claims, submitted the following REPORT [To accompany S. 419] The Committee on Claims, to whom was referred the bill (S. 419) for the relief of Luke A. Westenberger, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass. The amendment is as follows: Page 2, line 3, after the word "Administration", insert "notwithstanding the date of his alleged injury". The purpose of the proposed legislation is to extend the benefits of the Employees' Compensation Act as applicable to persons receiving assistance in the form of payments from the United States for services rendered under the National Youth Administration, to Luke A. Westenberger, notwithstanding the fact he was injured while a recipient of student aid under the National Youth Administration about 1 month prior to the date the law was extended to cover such persons. The facts will be fully set forth in Senate Report No. 972, Seventysixth Congress, first session, which is appended hereto. [S. Rept. No. 972, 76th Cong., 1st sess.] The Committee on Claims, to whom was referred the bill (S. 419) for the relief of Luke A. Westenberger, having considered the same, report favorably thereon with the recommendation that the bill do pass without amendment. The facts are fully set forth in House Report No. 2539, Seventy-fifth Congress, third session, which is appended hereto and made a part of this report. [H. Rept. No. 2539, 75th Cong., 3d sess.] The Committee on Claims, to whom was referred the bill (H. R. 7818) for the relief of Luke A. Westenberger, having considered the same, report thereon with the recommendation that it do pass with the following amendment: Strike out all of the bill after the enacting clause and insert in lieu thereof the following: "That in the administration of the Act entitled 'An Act to provide compensation for employees of the United States suffering injuries while in the performance of their duties, and for other purposes,' approved September 7, 1916, as extended and limited by the Acts of February 15, 1934 (48 Stat. 351) and June 22, 1936 (49 Stat. 1608), the United States Employees' Compensation Commission is hereby authorized and directed to receive and consider the claim of Luke A. Westenberger, of Gettysburg, Pennsylvania, for loss of his left eye as the result of an injury on May 27, 1936, allegedly sustained in the performance of his duties at Gettysburg College, Pennsylvania, while a recipient of student aid under the National Youth Administration: Provided, That claim hereunder shall be filed within six months after the approval of this Act." STATEMENT OF FACTS As amended, this bill authorizes the Employees' Compensation Commission to receive and consider the claim of Luke A. Westenberger, of Gettysburg, Pa., for loss of his left eye as the result of an injury on May 27, 1936, allegedly sustained in the performance of his duties at Gettysburg College, Pa., while a recipient of student aid under the National Youth Administration. Claimant was a student at Gettysburg College receiving student aid under the National Youth Administration, in return for which he worked part time for a varied number of hours at the college. He was paid $8.50 per week therefor. On May 27, 1936, while repairing a door in a college building, a piece of steel from the tool he was using broke from the tool and struck his left eye, and this injury subsequently necessitated removal of the eye. On June 22, 1936, the Emergency Relief Appropriation Act of 1936 was approved, and it authorized death or disability payments to persons receiving compensation from that appropriation for services rendered as Government employees, including persons receiving aid under the National Youth Administration, in accordance with the act of February 15, 1934, the original act extending the benefits of the Employees' Compensation Act, in a limited manner, to employees of the emergency and relief agencies. It will be observed that claimant was injured within a month before this legislation became law. It was not retroactive, and the Employees' Compensation Commission could not consider his claim thereunder. Since the Congress has established the fact that it desires compensation for injury in line of duty paid to relief employees, including employees receiving National Youth Administration aid, we think all such employees should be similarly treated. Unfortunately, some few persons suffered injury prior to the passage of these compensation law extensions and they can only be brought within the purview thereof by special legislation. Such is the situation of this claimant. As introduced, the bill provided a direct payment of $2,500. We prefer to allow claimant the right to recover under the Compensation Act, as extended to National Youth Administration, such benefits as he may be entitled to. Consequently, the bill has been amended so that he may file claim under the act of September 7, 1916, as extended and limited by the acts of February 15, 1934, and June 22, 1936, and receive neither more nor less than others similarly situated. It may be stated that the Employees' Compensation Commission advises claimant would now be paid about $866.26 in disability compensation, plus his medical expense of $368. Certainly, he is entitled to these benefits for the loss of his eye, and passage of the bill, as amended, is recommended. Appended is a favorable report on the bill, in its present form, by the Works Progress Administration, a report from the Employees' Compensation Commission, and pertinent statements. NATIONAL YOUTH ADMINISTRATION, Hon. AMBROSE J. KENNEDY, House of Representatives, Washington, D. C. MY DEAR CONGressman KennEDY: Receipt is acknowledged of your letter of July 23, 1937, requesting a report on H. R. 7818, which proposes to pay to Luke A. Westenberger, of Gettysburg, Pa., the sum of $2,500 in full settlement of all claims for the loss of an eye sustained by him on May 27, 1936, while a student at Gettysburg College and receiving student aid from the National Youth Administration. This Administration is advised by the United States Employees' Compensation Commission that Mr. Westenberger submitted a claim to that Commission, its file number WP-374427, but because the injury did not occur while he was em ployed on a project of the Works Progress Administration, he was not entitled to the benefits of the act of February 15, 1934, as amended, covering injuries to employees on the works program paid from_relief funds. By the Emergency Relief Appropriation Act of June 22, 1936 (49 Stat. 1608), the act of February 15, 1934, was amended to include within its provisions persons receiving assistance in the form of payments from the United States for services rendered under the National Youth Administration, as prior to that date National Youth Administration workers receiving student aid were not entitled to its benefits-the injury to Mr. Westenberger occurred about a month before the approval of the Emergency Relief Appropriation Act of June 22, 1936. In view of the foregoing, and in order that Mr. Westenberger may receive those benefits provided by Congress for other National Youth Administration workers receiving student aid subsequent to June 22, 1936, it would seem preferable, instead of granting him a lump sum, that the bill be amended to the effect that the United States Employees' Compensation Commission be authorized and directed to extend to him the benefits of the act of February 15, 1934 (48 Stat. 351), as amended by the act of June 22, 1936 (49 Stat. 1608). It is suggested that your committee request a report on the bill from the United States Employees' Compensation Commission, which has a file on the actual facts pertaining to the injury, and which can suggest the proper phraseology to accomplish the recommendation made in the preceding paragraph. Sincerely yours, AUBREY WILLIAMS, Executive Director. UNITED STATES EMPLOYEES' COMPENSATION COMMISSION, CHAIRMAN, COMMITTEE ON CLAIMS, House of Representatives, Washington, D. C. DEAR MR. CHAIRMAN: Reference is made to your request for the Commission's report upon the bill (H. R. 7818) for the relief of Luke A. Westenberger. The bill provides: "That the Secretary of the Treasury be, and he is hereby, authorized and directed to pay, out of any money in the Treasury not otherwise appropriated, to Luke A. Westenberger, of Gettysburg, Pennsylvania, the sum of $2,500 in full settlement of all claims for the loss of an eye sustained by him on May 27, 1936, while a student at Gettysburg College and receiving student-aid from the National Youth Administration.' It appears from the files of the Commission that Luke A. Westenberger, a receipient of student-aid under the National Youth Administration at Gettysburg College, Gettysburg, Pa., sustained an injury on May 27, 1936, when a piece of steel from a tool (hatchet) which he was using in repairing a door in the Science Building of said college, was chipped off and struck him in the left eye and became embedded therein, which subsequently necessitated the enucleation of said eye. By letter dated June 10, 1937, the Works Progress Administration, Harrisburg, Pa., advised the Commission relative to this case in part as follows: "The claimant, Luke A. Westenberger, is or was a student at Gettysburg College and receiving student aid. He was not assigned or employed as a security worker receiving security wages, but rather, as indicated above, was a beneficiary of the act extending aid to college students. He was paid $8.50 per week, inclusive of part-time work, and was assigned a varied number of hours by the officials of Gettysburg College in accordance with the regulations governing the administration of student aid. Students are assigned to various work at the discretion of the various members of the faculty who are charged with the responsibility of this work. The claimant undoubtedly was performing duties assigned him by his superior." At the time of Mr. Westenberger's injury there was no Federal statute authorizing the payment of compensation to persons receiving student aid under the National Youth Administration. Limited compensation benefits under the act of February 15, 1934, were later authorized, however, in such cases, by the Emergency Relief Appropriation Act of 1936, approved June 22, 1936, providing in part as follows: "The provisions of the Act of February 15, 1934 (48 Stat. 351), relating to disability or death compensation and benefits shall apply to persons (except administrative employees qualifying as civil employees of the United States) receiving compensation from the foregoing appropriation for services rendered as employees |