World War II Merchant Mariner Service Act - Directs the Secretary of Homeland Security (DHS) to accept additional documentation for verifying that an individual performed honorable service as a coastwise merchant seaman during the period beginning on December 7, 1941, and ending on December 31, 1946, for purposes of eligibility for veterans' benefits under the GI Bill Improvement Act of 1977. Requires such documentation to include Social Security Administration (SSA) records and validated testimony in the case of the absence of Coast Guard shipping or discharge forms, ship logbooks, documents, or other official employment records.
Requires the Secretary, when determining whether to recognize service allegedly performed during such period, to recognize masters of seagoing vessels or other command officers who were authorized to document an individual for purposes of hiring for or discharging from the merchant marine.
Considers any service so recognized as active-duty service for purposes of veterans' burial benefits. Makes such veterans eligible for any appropriate military medals, ribbons, and decorations. Requires the Secretary to verify that an individual performed such service under honorable conditions without regard to their sex, age, or disability during the service period.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1361 Introduced in Senate (IS)]
113th CONGRESS
1st Session
S. 1361
To direct the Secretary of Homeland Security to accept additional
documentation when considering the application for veterans status of
an individual who performed service as a coastwise merchant seaman
during World War II, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 24, 2013
Mr. Murphy introduced the following bill; which was read twice and
referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To direct the Secretary of Homeland Security to accept additional
documentation when considering the application for veterans status of
an individual who performed service as a coastwise merchant seaman
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 a coastwise merchant seaman who is recognized pursuant
to section 401 of the 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 described in subsection (c)(1), the Secretary of Homeland
Security shall accept the following:
(1) In the case of an individual who served on a coastwise
merchant vessel seeking such recognition for whom no applicable
Coast Guard shipping or discharge form, ship logbook, merchant
mariner's document or Z-card, or other official employment
record is available, the Secretary shall provide such
recognition on the basis of applicable Social Security
Administration records submitted for or 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 who served on a coastwise
merchant vessel seeking such recognition for whom the
applicable Coast Guard shipping or discharge form, ship
logbook, merchant mariner's document or Z-card, 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 of Homeland 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) Benefits Allowed.--
(1) Burial benefits eligibility.--Service of an individual
that is considered active duty pursuant to subsection (a) shall
be considered as active duty service with respect to providing
burial benefits under chapters 23 and 24 of title 38, United
States Code, to the individual.
(2) Medals, ribbons, and decorations.--An individual whose
service is recognized as active duty pursuant to subsection (a)
may be awarded an appropriate medal, ribbon, or other military
decoration based on such service.
(3) Status of veteran.--An individual whose service is
recognized as active duty pursuant to subsection (a) shall be
honored as a veteran but shall not be entitled by reason of
such recognized service to any benefit that is not described in
this subsection.
(d) Determination of Coastwise Merchant Seaman.--The Secretary of
Homeland Security shall verify that an individual performed service
under honorable conditions that satisfies the requirements of a
coastwise merchant seaman pursuant to this section without regard to
the sex, age, or disability of the individual during the period in
which the individual served as such a coastwise merchant seaman.
(e) 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.
(f) Effective Date.--This Act shall take effect 90 days after the
date of the enactment of this Act.
<all>
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 113-280.
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