[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4261 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4261

To provide eligibility for veterans benefits for individuals who served 
 in the United States merchant marine in the Southeast Asia theater of 
                   operations during the Vietnam Era.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 9, 2005

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

_______________________________________________________________________

                                 A BILL


 
To provide eligibility for veterans benefits for individuals who served 
 in the United States merchant marine in the Southeast Asia theater of 
                   operations during the Vietnam Era.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. VETERANS BENEFITS FOR MERCHANT MARINERS WHO SERVED DURING 
              THE VIETNAM ERA IN THE SOUTHEAST ASIA THEATER OF 
              OPERATIONS.

    (a) Eligibility for Veterans Benefits.--Notwithstanding any other 
provision of law, the service of an eligible individual described in 
subsection (b)(1) 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) Eligible Individual.--In this Act, the term ``eligible 
individual'' means an individual in the United States merchant marine 
who--
            (1) served as a crewmember of a vessel that was in 
        oceangoing service during the Vietnam Era in the Southeast Asia 
        theater of operations; and
            (2) receives a certificate of honorable discharge under 
        subsection (c).
    (c) Documentation of Service.--
            (1) Certificate of honorable discharge.--The Secretary of 
        Defense shall, upon application, issue a certificate of 
        honorable discharge to an individual in the United States 
        merchant marine who served as a crewmember of a vessel that was 
        in oceangoing service during the Vietnam Era in the Southeast 
        Asia theater of operations who, as determined by the Secretary, 
        engaged in service of a nature and duration that warrants 
        issuance of the certificate.
            (2) Standards relating to service.--In carrying out 
        paragraph (1), the Secretary shall apply the same standards 
        relating to the nature and duration of service that apply to 
        the issuance of honorable discharges under section 401(a)(1)(B) 
        of the GI Bill Improvement Act of 1977 (38 U.S.C. 106 note).
    (d) Definitions.--In this Act, the following definitions apply:
            (1) Individual in the united states merchant marine.--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) Vietnam era.--The term ``Vietnam Era'' means--
                    (A) the period beginning on February 28, 1961, and 
                ending on May 7, 1975, in the case of an individual in 
                the United States merchant marine who served in the 
                Republic of Vietnam during that period; and
                    (B) the period beginning on August 5, 1964, and 
                ending on May 7, 1975, in all other cases.

SEC. 2. RETROACTIVE APPLICABILITY.

    Section 1 shall apply to an individual eligible for veterans 
benefits under subsection (a) of such section as if such section had 
been in effect as of the last date of the individual's service 
described in subsection (b)(1) of such section.
                                 <all>