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103D CONGRESS

1ST SESSION H. R. 1415

To provide veterans benefits to certain individuals serving in the United

States merchant marine in a combat zone during a period of war,

and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

MARCH 18, 1993

Mr. HOCHBRUECKNER introduced the following bill; which was referred jointly

to the Committees on Veterans’ Affairs and Merchant Marine and Fisheries

A BILL

To provide veterans benefits to certain individuals serving

in the United States merchant marine in a combat zone

during a period of war, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Combat Merchant

5 Mariners Benefits Act of 1993’’.

6 SEC. 2. ELIGIBILITY OF CERTAIN MERCHANT MARINERS

7 FOR VETERANS BENEFITS.

8 Subject to section 3, the service of an individual in

9 the United States merchant marine during a period of war
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1 for a total period equal to at least 12 months shall be

2 considered to be active duty in determining the individ3 ual’s eligibility for veterans benefits under all laws admin4 istered by the Secretary of Veterans Affairs.

5 SEC. 3. LIMITATIONS.

6 (a) QUALIFIED SERVICE.—The service referred to in

7 section 2 is the following:

8 (1) OCEAN, COASTAL, OR INTERCOASTAL VOY9 AGES.—Service on a vessel of the United States on

10 ocean, coastwise, or intercoastal voyages, during a

11 period of war in a combat zone of such war that was

12 rendered to the Armed Forces in a capacity consid13 ered civilian employment or contractual service at

14 the time the service was rendered.

15 (2) FORCIBLE DETENTION OR INTERNMENT.—

16 Any period of forcible detention or internment by an

17 enemy government or hostile force as a result of hos18 tile action against a vessel of the United States

19 while the individual was performing service referred

20 to in paragraph (1) on the vessel.

21 (3) OTHER SERVICE.—Any period of service in

22 the War Shipping Administration, the United States

23 Maritime Service, or a maritime training program

24 conducted or recognized by the Armed Forces, ex25 cept that not more than six months of such service
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1 may be included in calculating the period of service

2 referred to in section 2.

3 (b) APPLICABILITY OF MINIMUM ACTIVE-DUTY

4 SERVICE REQUIREMENTS.—Any minimum active-duty

5 service requirement of any law administered by the Sec6 retary of Veterans Affairs shall apply in determining an

7 individual’s eligibility for veterans benefits under this Act.

8 SEC. 4. WAIVER OF PERIOD OF SERVICE REQUIREMENT

9 FOR DISABILITY INCURRED DURING QUALI10 FIED SERVICE.

11 The requirement of section 2 that the period of serv12 ice referred to in such section be equal to at least 12

13 months shall not apply to an individual who is perma14 nently disabled in the performance of the service referred

15 to in such section while the vessel of the United States

16 on which the individual is performing the service is sub17 jected to hostile action.

18 SEC. 5. VERIFICATION OF SERVICE.

19 The service referred to in section 2 may be verified

20 by entries in a continuous discharge book, a certificate of

21 discharge to merchant seamen, a certificate of substan22 tially continuous service, or other documentation available

23 from the Secretary of Transportation or the head of any

24 other Federal agency.
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1 SEC. 6. DEFINITIONS.

2 For purposes of this Act:

3 (1) The term ‘‘Armed Forces’’ has the meaning

4 given such term in section 101(10) of title 38,

5 United States Code.

6 (2) The term ‘‘combat zone’’ means an area in

7 which the Armed Forces are engaged in combat, as

8 determined by the Secretary of Defense.

9 (3) The term ‘‘individual in the United States

10 merchant marine’’ means any citizen or resident

11 alien of the United States serving as a civilian or

12 civil service member of the United States merchant

13 marine.

14 (4) The term ‘‘period of war’’ has the meaning

15 given such term in section 101(11) of title 38,

16 United States Code.

17 (5) The term ‘‘vessel of the United States’’ has

18 the meaning given such term in section 2101(46) of

19 title 46, United States Code.

20 SEC. 7. APPLICABILITY AND PROHIBITION OF RETRO21 ACTIVE BENEFITS.

22 Section 2 applies with respect to service rendered be23 fore, on, or after the date of the enactment of this Act.

24 An individual who performs such service before the date

25 of the enactment of this Act may not be paid benefits that
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1 accrue as a result of the enactment of this Act for any

2 period before the date of the enactment of this Act.

3 SEC. 8. AWARD OF MERCHANT MARINE MEDALS USING AP4 PROPRIATED FUNDS.

5 The Secretary of Transportation may, to the extent

6 that appropriated funds are available for such purpose,

7 provide that any medal awarded by the United States to

8 an individual in the United States merchant marine for

9 service during a period of war be provided without any

10 charge to that individual.

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