[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2215 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 2215

  To provide veterans benefits to individuals who serve in the United 
             States merchant marine during a period of war.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 1995

  Mr. Forbes introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To provide veterans benefits to 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 Benefit Act 
of 1990''.

SEC. 2. ELIGIBILITY FOR VETERANS BENEFITS.

    (a) In General.--Subject to subsection (b), the 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 
active duty in determining the individual's eligibility for veterans 
benefits under all laws administered by the Department of Veterans 
Affairs.
    (b) Limitations.--
            (1) Qualified service.--The service referred to in 
        subsection (a) shall be limited to the following:
                    (A) 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. The service shall be 
                rendered to the Armed Forces in a capacity considered 
                civilian employment or contractual service at the time 
                the service was rendered.
                    (B) 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 the service referred to in 
                subparagraph (A) on the vessel.
                    (C) 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 6 months of such service may be included in 
                calculating the period of service referred to in 
                subsection (a).
            (2) Applicability of minimum active-duty service 
        requirements.--The minimum active-duty service requirement of 
        any law administered by the Department 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 such 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 entries 
in a continuous discharge book, a certificate of discharge to merchant 
seamen, a certificate of substantially continuous service, or 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 ``Armed Forces'' has the meaning given such 
        term in section 101(10) of title 38, United States Code.
            (2) The term ``combat zone'' means an area in which the 
        Armed Forces are engaged in combat, as determined by the 
        Secretary of Defense.
            (3) 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.
            (4) The term ``period of war'' has the meaning given such 
        term in section 101(11) of title 38, United States Code.
            (5) The term ``vessel of the United States'' has the 
        meaning given such term in section 2101(46) of title 46, United 
        States Code.

SEC. 6. APPLICABILITY AND PROHIBITION OF RETROACTIVE BENEFITS.

    The service referred to in section 2(a) may be rendered before the 
date of the enactment of this Act. An individual who performs the 
service before the date of the enactment of this Act shall not be paid 
veterans benefits that accrue as a result of the enactment of this Act 
for any period of accrual before the date of the enactment of this Act.
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