is done for the announced purpose of getting American dollars and weakening and destroying the United States through drug addiction. One of the most frequently used agencies for the smuggling of illicit narcotic drugs into this and other countries is the ordinary seaman. He brings them in in seamen's chests with false bottoms or other concealed compartments or secreted about his person.

The knowledge that, if convicted, he would stand to lose his seaman's document, which makes it possible for him to continue his employment as a seaman, would be one of the most effective deterrents to his engaging in such traffic that could be devised.

We are in complete accord with this legislation, and hope that your distinguished committee will see fit to report the bill favorably. Senator BUTLER. Thank you, Miss Smart. That is a very fine statement, and we are certainly glad to have you with us this afternoon. Is Mr. Mitchell here?

STATEMENT OF B. T. MITCHELL, ASSISTANT TO THE COMMISSIONER OF NARCOTICS, TREASURY DEPARTMENT

Mr. MITCHELL. Mr. Chairman, I have a very short statement on which I would like to elaborate rather briefly.

Senator BUTLER. Suppose we make it a part of the record. Do you want to read it?

Mr. MITCHELL. Make it a part of the record, and I will elaborate on it.

Senator BUTLER. It will be so ordered.

(The statement of Mr. Mitchell is as follows:)

STATEMENT OF THE ASSISTANT TO THE COMMISSIONER, BUREAU OF NARCOTICS, TREASURY DEPARTMENT, IN RELATION TO H. R. 8538

My name is B. T. Mitchell, my official position is assistant to the Commissioner of Narcotics, Treasury Department. I am appearing in connection with H. R.

8538 under consideration by this committee.

The Bureau of Narcotics favors enactment of H. R. 8538, to provide for the revocation or denial of merchant marine documents to persons involved in certain narcotics violations.

The records of the Bureau of Narcotics disclose that merchant seamen of all nations are among the principal offenders in the smuggling of narcotic drugs into the United States. Narcotic offenders are notorious as repeaters. A person who has been convicted of a narcotic offense or who has been addicted to narcotic drugs is a definite hazard insofar as the smuggling of narcotics is concerned.

It is believed that legislation permitting revocation of seamen's documents where such seamen have been narcotic offenders would remove the hazard and would be an effective weapon in combating the illicit narcotic traffic.

Mr. MITCHELL. The interest of the Bureau of Narcotics in this bill is our interest in the preventing of the smuggling of narcotic drugs into the country. We know that the situation today is that most of the smuggling of narcotics into the United States is done by merchant seamen of all nations.

I would like to point out a couple of instances, perhaps the two most important narcotics cases that we have developed in the last year. One involved the smuggling of some 5 kilograms, about 175 ounces, of heroin into New York by merchant seamen, French merchant seamen on a French vessel. Those seamen are in the penitentiary in the United States at this time.

Another instance, about the 1st of April we arrested some 10 people in San Francisco, large traffickers in narcotics. This was the result of some 6 or 8 months of undercover work by our agents. Involved in this were some 8 or 10 pounds of heroin, which we purchased for evidence. Now, the source of that heroin is Red China. It came to San Francisco on American vessels, smuggled in by American merchant seamen.

We feel that a man who has been convicted of a narcotics violationwe see him repeat so many times a man who is an addict is a smuggler or potential smuggler.

I might point also in this connection that the United Nations. Commission on Narcotic Drugs some years ago recognized the problem, and they passed a resolution which requires that each member nation submit to the United Nations periodically the names of all merchant seamen who are convicted of narcotic violations. That is made into a compulsory list, which is submitted to all nations, and it puts the nations on notice as to these seamen.

Now, Senator, could I make a brief statement off the record?
Senator BUTLER. Yes, sir.

(Discussion off the record.)

Senator BUTLER. I can say as far as the chairman of the subcommittee is concerned that you will have complete and absolute cooperation from the subcommittee. Of course, I can't speak for the other members of the committee, but I will do what I can to have this legislation promptly put on the calendar of the Senate.

Thank you, sir.

Is Mr. Shake here? Well, let me put into the record a statement that Mr. Shake has sent to the committee.

(The statement of Randel Shake is as follows:)

STATEMENT OF RANDEL SHAKE, DIRECTOR, NATIONAL CHILD WELFARE COMMISSION, THE AMERICAN LEGION, IN CONNECTION WITH HEARINGS ON H. R. 8538

Mr. Chairman and gentlemen of the committee, I want to take this opportunity in behalf of the national organization of the American Legion and its child welfare commission to express our sincere appreciation for the privilege and opportunity to record their support of H. R. 8538.

The American Legion is most concerned about the illegal use of narcotics, expecially their use by juveniles. This interest has been expressed in a number in instances during the past 3 years. In 1951 the American Legion sponsored a national conference in New York City to which were invited experts on the subject of drug addiction, educators, and law-enforcement officers. The purpose of that conference was to focus public attention on the increasing use of drugs by juveniles. It is believed the conference achieved its purpose in view of the fact public interest in the problem was greatly stimulated, resulting in the passage of more effective State and Federal legislation to control the illegal use of narcotics. The various State organizations of the American Legion assumed a position of leadership in a number of States in seeking more effective State laws. Although State and Federal laws have been strengthened to impose heavier sentences on narcotic violators, it is essential that every effort be made to control the illegal flow of drugs into this country in order to effectively deal with the problem. The Bureau of Narcotics has done and is doing an outstanding job in fulfilling its responsibility of preventing the illegal entry of drugs into this country. However, we believe the enactment of the legislation proposed here would considerably reduce the number of sources by which narcotic drugs are brought into this country.

The 1952 National Convention of the American Legion adopted the following broad 14-point program to combat the illegal use of narcotic drugs. I wish to call your attention to item No. 10 of the resolution, which has a direct bearing on the legislation under consideration.

01 911102 14-BOENTIEROGRAM TO FIGHT NARQÓTIG AND DRUG ENIL] Tudtoak.

Resolved, That the American Legion does hereby go on record to recommend the followingso yd drow 1970919bau to adom & 10 asmoz lo ilusi (1) The Economic and Social Council of the United Nations arrange as doen. I as possible an international conference to approve the protocol, to limit the production of opium to medical scientific needs.

B

2)The prevention of smuggling be made a mandatory function and speista JI tory prescription be established by an act of Congress as iti proposed in H: Ra 4544 of the 82d Congress. £ to hotɔiznop 1199d eed od nem e,ted: 19-3 57/ 1(8) State Jessislatures chast similar legislation patterned after the laws adready adopted in Tennessee, West Virginia, New Maryland! We further recommend mandatory minimum sentence provisions be made a uniform krend 20 ment also emphasize the fact that illegal possession should itself be open I (4) Congress improve hospital-accommodations (Or the United States. Public) Health Service States and efties provide e hospital facinities Pot the cure as well as that ment of drug addicts 907 2018 699:15 of funde 16) States increase the force of narcotic enforcernent agents, and (that city se polite departments establish adequate parentie squads (municipal squads should be patterned after the effective unit in Los Angeles.

"(7) Legislation to committed to hospitals until they are pronounced enred "(7) Legislation to quarantine drug addicts who do not have criminal recone by requiring

by medical authorities.

"(8) Legislation, State and local, requiring revocation of liquor licenses to

esments allow 75, narcotics addicts, to congregate therein Hutside

Legislation

local, permitting the closing as

of establishments permitting narcoties addiets to congregate therom2100 21 **933 Lam 1440p Federal legislation permanently revoking licenses to soamén detested it smuggling narcotics into the United States or who are known addicts. 16 2 (11) Request seamen's on to deny membership feq Domony donal to known narcoties smugglers or addicts. "(12) Legislation denying passports to known criminals. nie .1507 dredT 11(18) Provide dissemination of information relitive to dangers of Alicit/țină (14) Request appropriate Federal agencies to operatpractice of unaccompanied 991timmos sdt of 1092 28d 948de 31/ jaÁI agencies in countries

use.

bordering the United States to prohibit the reported children crossing the borders to

to reduce puntes e Monto this

The natiofful executive committee in drug shots, which is the governing body of the Ameries Legion, during its meeting held May 24, 1954, again called artemfor to thes importance of controlling, the illegal importaion of requested the Treasury Department to exert every minimum the sumuggling of drugs Favorable consideration of this legislation could conceivably reduce the potential number of those who might smuggle drugs, thus enabling the appropriate agencies of the Treasury Department to do a mon effective job in their antismuggling operations.T

We believe the legislation, proposed here satisfactorily fulfils the request American Legion in its effort to dry up some of the channels through which are now illegally entering this country and we urge the favorable considers of II, R.185382.2mni gi ng anionette piktur

The American Legion wishes to thank the committed for the privilege' ôc submitting this statement in support of this legislationsdong 9.47 i 1491972 suita

Senator BUTLER. The Department of Health Education; and Welface, advises me that they will have a statement in connection wi H198538, whielt will be submitted to, the subcommittee Tomorrow for inclusion in the record, and upon receipt it will be ordered to made a part of the record, 15lto ai zutages and ori zurh to woż lagslii ndi There is also a letter from the Conference of American Maritimme Unions, dated June-1, 1954, and signed by John Bishop, stating that thesenotment of this bill would result in greater safety of life and property at sea. That will be made a part of the record 1 otan téa. The statement, is as negizarte en lo noit 19716) la 10172% SANI MIT gnitesd tooul aed deidar

4.

oil Chairman Sabcommittee on Waterportation while diw so192 89H

-81990 Senate Interstate and Foreig 10 temvogenate Office Building, Washington, D even owllid edt 19bau aпoit llid edt DEAR BUTLERSISTIUOTen are affiliated with the ADE The ference fo American Maritime Unions is comprised of seamen's unions Federa tion of Labor, and the Congress of Industrial Organizations es un These unions have of approximately 125,000 semena od of 1999 on borgin The Conference of American Maritime Unions is strongly favor of Jabiri 8538, & bill to provide for the revocation or denial of merchant marine decumenisol to persons involved in certain marcotics violations. 90 "ab oitooran of batoib that under present law the Coast Guard is able to evoke

(The letter from the Department of Health, Education, and Welfare, dated June 17, 1954, is as follows:)

Hon. JOHN W. BRICKER,

Chairman, Committee on Interstate and Foreign Commerce,

United States Senate, Washington, D. C.

JUNE 17, 1954.

DEAR MR. CHAIRMAN: This letter is in reply to your request of June 4, 1954 for a report on H. R. 8538, a bill to provide for the revocation or denial of merchant marine documents to persons involved in certain narcotics violations (as passed by the House).

The bill, which is designed to prevent narcotics users from securing employment on merchant vessels, provides for the denial, as well as revocation, of the seaman's documents of merchant marines who are either users of or addicted to the use of narcotic drugs, or who have been convicted of offenses under Federal, State, Territorial, or District of Columbia law relating to narcotic drugs.

This Department is particularly interested in sections 2 (a) (2) and 2 (b) (2) of the bill which provide for the denial or revocation of seaman's documents if the seaman has been a user of or addicted to narcotic drugs.

Our interest arises from two sources. In the first place, the Public Health Service, under the authority granted by section 341 of the Public Health Service Act, operates hospitals for the care and treatment of narcotic addicts at Lexington, Ky., and Fort Worth, Tex. In the second place, the Surgeon General is authorized, under section 324 (c) of the Public Health Service Act, to provide for making medical examinations of "seamen for purposes of qualifying for certificates of

service." If the bill is enacted, the Public Health Service may be called upon to make the necessary medical examinations and findings (or recommended findings) with respect to the seaman's use of or addiction to narcotic drugs. In the light of our experience with the problem and of the possible responsibility of the Public Health Service with respect to such medical advice as may be required in operations under the bill, we have certain suggestions for technical improvement of the bill.

The term "cured" is, in our opinion, inappropriately used with respect to narcotic addiction. Because of the psychiatric elements involved in drug addiction, a person who has completed a course of treatment for narcotic addiction and is found no longer to be an addict, may not, medically, be considered "cured." The most that could be said in such a case would be that the individual is no longer an addict. We would suggest, therefore, that the phrase "no longer addicted to narcotic drugs" be substituted for the word "cured."

The term "user" is not defined and may present many troublesome questions. It is not clear, for example whether it includes the casual user, or the individual who takes narcotic drugs as part of a course of medical treatment or under medical supervision. If the term is retained in the bill, the committee may wish to consider the definition of the term "drug user" contained in the recently enacted statute providing for the treatment of users of narcotics in the District of Columbia (Public Law 76, 83d Cong.; 24 D. C. Code 601 et seq.). Section 2 of that act provides:

"(1) The term 'drug user' means any person who habitually uses any habitforming narcotic drugs so as to endanger the public morals, health, safety, or welfare, or who is so far addicted to the use of such habit-forming narcotic drugs as to have lost the power of self-control with reference to his addiction."

It should be noted that any diagnoses which may be made by the Public Health Service under sections 2 (a) (2) and 2 (b) (2) would reflect only the individual's current condition with respect to the use or addiction to narcotic drugs. It would be difficult, if not impossible, for a physician to determine whether an individual, who does not now use or is not now addicted to narcotic drugs, was in the past a drug user or addict.

In view of the primary concern of the Department of the Treasury with the provisions of the bill, we defer to the views of that Department with respect to the general need for and desirability of legislation of the type proposed in H. R. 8538.

The Bureau of the Budget advises that it perceives no objection to the submission of this report to your committee.

Sincerely yours,

NELSON A. ROCKEFELLER,
Acting Secretary.