[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5829 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5829

 To direct the Secretary of Defense to accept additional documentation 
 when considering the application for veterans status of an individual 
who performed service in the merchant marines during World War II, and 
                          for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 22, 2010

  Mr. Butterfield (for himself, Mr. McIntyre, Mr. Jones, Mr. Brady of 
 Pennsylvania, Mr. Coble, Ms. Bordallo, Mr. Kissell, Mrs. Christensen, 
 Mr. Spratt, Ms. Shea-Porter, Ms. Foxx, Ms. McCollum, Mrs. Myrick, Mr. 
 Bishop of Georgia, Mr. Etheridge, Mr. McHenry, Mr. Delahunt, and Mr. 
   Taylor) introduced the following bill; which was referred to the 
  Committee on Veterans' Affairs, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the Secretary of Defense to accept additional documentation 
 when considering the application for veterans status of an individual 
who performed service in the merchant marines during World War II, and 
                          for other purposes.

    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 ``World War II Merchant Mariner 
Service Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The Merchant Marine Act, 1936 established the United 
        States Maritime Commission, and stated as a matter of policy 
        that the United States should have a merchant marine that is 
        ``capable of serving as a naval and military auxiliary in time 
        of war or national emergency''.
            (2) The Social Security Act Amendments of 1939 (Public Law 
        76-379) expanded the definition of employment to include 
        service ``on or in connection with an American vessel under 
        contract of service which is entered into within the United 
        States or during the performance of which the vessel touches at 
        a port in the United States, if the employee is employed on and 
        in connection with such vessel''.
            (3) The Joint Resolution to repeal sections 2, 3, and 6 of 
        the Neutrality Act of 1939, and for other purposes (Public Law 
        77-294; 55 Stat. 764) repealed section 6 of the Neutrality Act 
        of 1939 (related to the arming of United States vessels) and 
        authorized the President during the national emergency to arm 
        or permit to arm any United States vessel.
            (4) On February 7, 1942, President Franklin D. Roosevelt, 
        through Executive Order Number 9054, established the War 
        Shipping Administration that was charged with building or 
        purchasing, and operating the civilian shipping vessels needed 
        for the war effort.
            (5) During World War II, United States merchant mariners 
        transported goods and materials through ``contested waters'' to 
        the various combat theaters.
            (6) At the conclusion of World War II, United States 
        merchant mariners were responsible for transporting several 
        million members of the United States Armed Forces back to the 
        United States.
            (7) The GI Bill Improvement Act of 1977 (Public Law 95-202) 
        provided that the Secretary of Defense could determine that 
        service for the Armed Forces by organized groups of civilians, 
        or contractors, be considered ``active service'' for benefits 
        administered by the Veterans Administration.
            (8) Department of Defense Directive 1000.20 directed that 
        the determination be made by the Secretary of the Air Force, 
        and established the Civilian/Military Service Review Board and 
        Advisory Panel.
            (9) In 1987, three merchant mariners along with the AFL-CIO 
        sued Edward C. Aldridge, Secretary of the Air Force, 
        challenging the denial of their application for veterans 
        status. In Schumacher v. Aldridge (665 F. Supp. 41 (D.D.C. 
        1987)), the Court determined that Secretary Aldridge had failed 
        to ``articulate clear and intelligible criteria for the 
        administration'' of the application approval process.
            (10) During World War II, women were repeatedly denied 
        issuance of official documentation affirming their merchant 
        marine seamen status by the War Shipping Administration.
            (11) Coast Guard Information Sheet #77 (April 1992) 
        identifies the following acceptable forms of documentation for 
        eligibility meeting the requirements set forth in GI Bill 
        Improvement Act of 1977 (Public Law 95-202) and Veterans 
        Programs Enhancement Act of 1998 (Public Law 105-368):
                    (A) Certificate of shipping and discharge forms.
                    (B) Continuous discharge books (ship's deck or 
                engine logbooks).
                    (C) Company letters showing vessel names and dates 
                of voyages.
            (12) Coast Guard Commandant Order of 20 March, 1944, 
        relieved masters of tugs, towboats, and seagoing barges of the 
        responsibility of submitting reports of seamen shipped or 
        discharged on forms, meaning certificates of shipping and 
        discharge forms are not available to all eligible individuals 
        seeking to document their eligibility.
            (13) Coast Guard Information Sheet #77 (April, 1992) states 
        that ``deck logs were traditionally considered to be the 
        property of the owners of the ships. After World War II, 
        however, the deck and engine logbooks of vessels operated by 
        the War Shipping Administration were turned over to that agency 
        by the ship owners, and were destroyed during the 1970s'', 
        meaning that continuous discharge books are not available to 
        all eligible individuals seeking to document their eligibility.
            (14) Coast Guard Information Sheet #77 (April, 1992) states 
        ``some World War II period log books do not name ports visited 
        during the voyage due to wartime security restrictions'', 
        meaning that company letters showing vessel names and dates of 
        voyages are not available to all eligible individuals seeking 
        to document their eligibility.

SEC. 3. METHODS FOR VALIDATING CERTAIN SERVICE CONSIDERED TO BE ACTIVE 
              SERVICE BY THE SECRETARY OF VETERANS AFFAIRS.

    (a) In General.--For the purposes of verifying that an individual 
performed service under honorable conditions that satisfies the 
requirements of as a member of the merchant marine who is recognized 
pursuant to section 401 of GI Bill Improvement Act of 1977 (Public Law 
95-202; 38 U.S.C. 106 note) as having performed active duty service for 
the purposes of all laws administered by the Secretary of Veterans 
Affairs, the Secretary of Defense shall consider the following:
            (1) In the case of an individual seeking such recognition 
        for whom no applicable Coast Guard shipping or discharge form, 
        ship logbook, or other official employment record is available, 
        the Secretary may provide such recognition on the basis of 
        applicable Social Security Administration records submitted by 
        the individual, together with validated testimony given by the 
        individual or the primary next of kin of the individual that 
        the individual performed such service during the period 
        beginning on December 7, 1941, and ending on December 31, 1946.
            (2) In the case of an individual seeking such recognition 
        for whom the applicable Coast Guard shipping or discharge form, 
        ship logbook, or other official employment record has been 
        destroyed or otherwise become unavailable by reason of any 
        action committed by a person responsible for the control and 
        maintenance of such form, logbook, or record, the Secretary 
        shall accept other official documentation demonstrating that 
        the individual performed such service during period beginning 
        on December 7, 1941, and ending on December 31, 1946.
            (3) For the purpose of determining whether to recognize 
        service allegedly performed during the period beginning on 
        December 7, 1941, and ending on December 31, 1946, the 
        Secretary shall recognize masters of seagoing vessels or other 
        officers in command of similarly organized groups as agents of 
        the United States who were authorized to document any 
        individual for purposes of hiring the individual to perform 
        service in the merchant marine or discharging an individual 
        from such service.
    (b) Treatment of Other Documentation.--Other documentation accepted 
by the Secretary pursuant to subsection (a)(2) shall satisfy all 
requirements for eligibility of service during the period beginning on 
December 7, 1941, and ending on December 31, 1946.
    (c) Definition of Primary Next of Kin.--In this section, the term 
``primary next of kin'' with respect to an individual seeking 
recognition for service under this section means the closest living 
relative of the individual who was alive during the period of such 
service.
    (d) Effective Date.--This Act shall take effect 90 days after the 
date of the enactment of this Act.
                                 <all>