109th CONGRESS
1st Session
H. R. 4338
To provide veterans benefits to certain individuals who serve in
the United States merchant marine during a period of war.
IN THE HOUSE OF REPRESENTATIVES
November 16, 2005
Mr. RADANOVICH introduced the following bill; which was referred to the
Committee on Veterans' Affairs
A BILL
To provide veterans benefits to certain individuals who serve in
the United States merchant marine during a period of war.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Combat Merchant Mariners Veterans Benefits
Act of 2005'.
SEC. 2. ELIGIBILITY FOR VETERANS BENEFITS.
(a) In General- Subject to subsection (b), the qualifying service of an
individual in the United States merchant marine during a period of war for
a total period equal to at least 12 months shall be considered to be active
duty in determining the individual's eligibility for veterans benefits under
all laws administered by the Secretary of Veterans Affairs.
(b) Qualifying Service- For purposes of this section, qualifying service
is any of the following:
(1) OCEAN, COASTAL, OR INTERCOASTAL VOYAGES- Service on a vessel of the
United States on ocean, coastwise, or intercoastal voyages during a period
of war in a combat zone of such war if such service is rendered to the
Armed Forces in a capacity considered civilian employment or contractual
service at the time the service is performed.
(2) FORCIBLE DETENTION OR INTERNMENT- Any period of forcible detention
or internment by an enemy government or hostile force as a result of hostile
action against a vessel of the United States while the individual was
performing service referred to in paragraph (1) on that vessel.
(3) OTHER SERVICE- Any period of service in the War Shipping Administration,
the United States Maritime Service, or a maritime training program conducted
or recognized by the Armed Forces, except that not more than six months
of such service may be included in calculating the period of service referred
to in subsection (a).
(c) Applicability of Minimum Active-Duty Service Requirements- The minimum
active-duty service requirement of any law administered by the Secretary
of Veterans Affairs shall apply in determining an individual's eligibility
for veterans benefits under this Act.
SEC. 3. WAIVER OF PERIOD OF SERVICE.
The requirement of section 2(a) that the period of service referred to in
that section be equal to at least 12 months shall not apply to an individual
who is permanently disabled in the performance of the service referred to
in such section while the vessel of the United States on which the individual
is performing the service is subjected to hostile action.
SEC. 4. VERIFICATION OF SERVICE.
The service referred to in section 2(a) may be verified by--
(1) entries in a continuous discharge book;
(2) a certificate of discharge to merchant seamen;
(3) a certificate of substantially continuous service; or
(4) any other documentation available from the Secretary of Transportation
or the head of any other Federal agency.
SEC. 5. DEFINITIONS.
For purposes of this Act:
(1) The term `individual in the United States merchant marine' means any
citizen or resident alien of the United States serving as a civilian or
civil service member of the United States merchant marine.
(2) The terms `period of war' and `Armed Forces' have the meanings given
those terms in section 101 of title 38, United States Code.
(3) The term `combat zone' means an area in which the Armed Forces are
engaged in combat, as determined by the Secretary of Defense.
(4) The term `vessel of the United States' has the meaning given that
term in section 2101(46) of title 46, United States Code.
SEC. 6. APPLICABILITY AND PROHIBITION OF RETROACTIVE BENEFITS.
Service referred to in section 2(a) that was performed before the date of
the enactment of this Act shall be counted for purposes of this Act. An
individual who performs such service before the date of the enactment of
this Act may not be provided veterans benefits that accrue as a result of
the enactment of this Act for any period before the date of the enactment
of this Act.
END
