I 
112TH CONGRESS 
1ST SESSION H. R. 1288 
To direct the Secretary of Homeland Security to accept additional documenta-
tion 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 
MARCH 31, 2011 
Mr. BUTTERFIELD (for himself, Mr. JONES, Mr. MCINTYRE, and Mr. 
FORTENBERRY) introduced the following bill; which was referred to the 
Committee on Veterans’ Affairs 
A BILL 
To direct the Secretary of Homeland Security to accept 
additional documentation when considering the applica-
tion 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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘World War II Mer-
chant Mariner Service Act’’. 
SEC. 2. FINDINGS. 
Congress makes the following findings: 
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(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 connec-
tion with an American vessel under contract of serv-
ice 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repealed section 6 of the Neutrality Act of 1939 (re-
lated to the arming of United States vessels) and 
authorized the President during the national emer-
gency 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 
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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 mer-
chant 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 contrac-
tors, be considered ‘‘active service’’ for benefits ad-
ministered by the Veterans Administration. 
(8) Department of Defense Directive 1000.20 
directed that the determination be made by the Sec-
retary 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, Sec-
retary of the Air Force, challenging the denial of 
their application for veterans status. In Schumacher 
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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 repeat-
edly denied issuance of official documentation af-
firming 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 Pro-
grams 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 submit-
ting reports of seamen shipped or discharged on 
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forms, meaning certificates of shipping and dis-
charge forms are not available to all eligible individ-
uals seeking to document their eligibility. 
(13) Coast Guard Information Sheet #77 
(April, 1992) states that ‘‘deck logs were tradition-
ally 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 dur-
ing 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 condi-
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tions that satisfies the requirements of as a member of 
the merchant marine who is recognized pursuant to sec-
tion 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 Home-
land Security 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 applica-
ble 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 ac-
tion committed by a person responsible for the con-
trol and maintenance of such form, logbook, or 
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record, the Secretary shall accept other official docu-
mentation demonstrating that the individual per-
formed such service during period beginning on De-
cember 7, 1941, and ending on December 31, 1946. 
(3) For the purpose of determining whether to 
recognize service allegedly performed during the pe-
riod beginning on December 7, 1941, and ending on 
December 31, 1946, the Secretary shall recognize 
masters of seagoing vessels or other officers in com-
mand 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 dis-
charging an individual from such service. 
(b) TREATMENT
OF OTHER DOCUMENTATION.— 
Other documentation accepted by the Secretary of Home-
land Security 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. 
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