[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>