Combat Merchant Mariners Benefit Act of 1991

Combat Merchant Mariners Benefit Act of 1991 - Provides that: (1) service in the U.S. merchant marine during a period of war for a total period equal to at least 12 months shall be considered active duty in determining eligibility for veterans benefits; and (2) such service may be verified by entries in a continuous discharge book, a certificate of discharge to merchant seamen, a certificate of substantially continuous service, or other documentation available from the Secretary of Transportation or the head of any other Federal agency.

Limits eligibility to: (1) service on a U.S. vessel on ocean, coastwise, or intercoastal voyages, during a period of war in a combat zone (where such service was rendered to the armed forces in a capacity considered civilian employment or contractual service); (2) any period of forcible detention or internment by an enemy government or hostile force as a result of hostile action against a U.S. vessel while performing such service on the vessel; and (3) any period (up to six months) of service in the War Shipping Administration, the U.S. Maritime Service, or a maritime training program conducted or recognized by the armed forces.

Specifies that: (1) the minimum active-duty service requirement of any law administered by the Department of Veterans Affairs shall apply in determining eligibility for veterans' benefits under this Act; (2) the 12-month requirement under this Act shall not apply to an individual who is permanently disabled in the performance of such service while the vessel is subjected to hostile action; and (3) such service may have been rendered before the date of enactment of this Act, but an individual who has performed service before such date shall not be paid veterans' benefits that accrue as a result of the enactment of this Act for any period of accrual before such date.

 
HR 736 IH
102d CONGRESS
1st Session
 H. R. 736
To provide veterans benefits to individuals who serve in the United States
merchant marine in a combat zone during a period of war.
IN THE HOUSE OF REPRESENTATIVES
January 30, 1991
Mr. HOCHBRUECKNER introduced the following bill; which was referred to the
Committee on Veterans' Affairs
A BILL
To provide veterans benefits to individuals who serve in the United States
merchant marine in a combat zone during a period of war.
  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 `Combat Merchant Mariners Benefit Act of 1991'.
SEC. 2. ELIGIBILITY FOR VETERANS BENEFITS.
  (a) IN GENERAL- Subject to subsection (b), the service of an individual
  in the United States merchant marine during a period of war for a total
  period equal to at least 12 months shall be considered active duty in
  determining the individual's eligibility for veterans benefits under all
  laws administered by the Department of Veterans Affairs.
  (b) LIMITATIONS-
  (1) QUALIFIED SERVICE- The service referred to in subsection (a) shall be
  limited to the following:
  (A) OCEAN, COASTAL, OR INTERCOASTAL VOYAGES- Service on a vessel of the
  United States on ocean, coastwise, or intercoastal voyages, during a period
  of war in a combat zone of such war. The service shall be rendered to the
  Armed Forces in a capacity considered civilian employment or contractual
  service at the time the service was rendered.
  (B) FORCIBLE DETENTION OR INTERNMENT- Any period of forcible detention or
  internment by an enemy government or hostile force as a result of hostile
  action against a vessel of the United States while the individual was
  performing the service referred to in subparagraph (A) on the vessel.
  (C) OTHER SERVICE- Any period of service in the War Shipping Administration,
  the United States Maritime Service, or a maritime training program conducted
  or recognized by the Armed Forces, except that not more than 6 months of
  such service may be included in calculating the period of service referred
  to in subsection (a).
  (2) APPLICABILITY OF MINIMUM ACTIVE-DUTY SERVICE REQUIREMENTS- The minimum
  active-duty service requirement of any law administered by the Department
  of Veterans Affairs shall apply in determining an individual's eligibility
  for veterans benefits under this Act.
SEC. 3. WAIVER OF PERIOD OF SERVICE.
  The requirement of section 2(a) that the period of service referred to
  in such section be equal to at least 12 months shall not apply to an
  individual who is permanently disabled in the performance of the service
  referred to in such section while the vessel of the United States on which
  the individual is performing the service is subjected to hostile action.
SEC. 4. VERIFICATION OF SERVICE.
  The service referred to in section 2(a) may be verified by entries in a
  continuous discharge book, a certificate of discharge to merchant seamen,
  a certificate of substantially continuous service, or other documentation
  available from the Secretary of Transportation or the head of any other
  Federal agency.
SEC. 5. DEFINITIONS.
  For purposes of this Act:
  (1) The term `Armed Forces' has the meaning given such term in section
  101(10) of title 38, United States Code.
  (2) The term `combat zone' means an area in which the Armed Forces are
  engaged in combat, as determined by the Secretary of Defense.
  (3) 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.
  (4) The term `period of war' has the meaning given such term in section
  101(11) of title 38, United States Code.
  (5) The term `vessel of the United States' has the meaning given such term
  in section 2101(46) of title 46, United States Code.
SEC. 6. APPLICABILITY AND PROHIBITION OF RETROACTIVE BENEFITS.
  The service referred to in section 2(a) may be rendered before the date of
  the enactment of this Act. An individual who performs the service before
  the date of the enactment of this Act shall not be paid veterans benefits
  that accrue as a result of the enactment of this Act for any period of
  accrual before the date of the enactment of this Act.