H.R. 1288House113th Congress (2013-2015)In Committee

World War II Merchant Mariner Service Act

Introduced March 20, 2013

Legislative Activity

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4 earlier actions
HouseCommittee Latest Action

Subcommittee Hearings Held.

June 28, 2013

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HouseIntro Referral

Introduced in House

March 20, 2013

HouseIntro Referral

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.

March 20, 2013

HouseCommittee

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

April 2, 2013

HouseCommittee

Referred to the Subcommittee on Military Personnel.

April 8, 2013

HouseCommittee

Subcommittee Hearings Held.

June 28, 2013

Floor Debate

24 members

What members said about H.R. 1288 on the floor

10 Republicans14 Democrats
David E. Price
Rep. David E. PriceD-NC-4 · Jun 5, 2013

Will the gentlelady yield? I would like to express my agreement with what Mr. Dent just said. These aircraft are absolutely vital for mission success for Border Patrol agents and air and marine…

Tim Ryan
Rep. Tim RyanD-OH-13 · Jun 5, 2013

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, as has been read, this doesn't allow petitions for relatives, fiances, or workers coming from Brazil. And I first want to say thank you to…

Lynn A. Westmoreland
Rep. Lynn A. WestmorelandR-GA-3 · Jun 5, 2013

Mr. Chairman, I move to strike the last word. Mr. Chairman, this kind of reminds me of a story about a World War I Navy veteran that went back home to Ware County where he loved to coon hunt. And…

John R. Carter
Rep. John R. CarterR-TX-31 · Jun 5, 2013

I move to strike the last word. I want to thank the gentleman for his comments, and I appreciate your concern and agree with you this is a topic of high concern to everyone. As you saw, our bill…

Maxine Waters
Rep. Maxine WatersD-CA-43 · Jun 5, 2013

Mr. Chairman, I move to strike the last word. Mr. Chairman, I rise in support of this amendment offered by the gentleman from Louisiana (Mr. Cassidy). I am pleased to say that my colleagues, Mr.…

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Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Jun 5, 2013

Mr. Chairman, I move to strike the last word. To the managers of this important legislation, to Judge Carter and to Mr. Price, thank you for working on what is an enormously important message and…

Gerald E. Connolly
Rep. Gerald E. ConnollyD-VA-11 · Jun 5, 2013

Madam Chairman, I move to strike the last word. Madam Chairman, I think this is a very important debate. I remind my colleague from Virginia that I was on the board of supervisors in Fairfax County…

James P. Moran
Rep. James P. MoranD-VA-8 · Jun 5, 2013

Madam Chairwoman, I have an amendment at the desk. Madam Chairwoman, section 533 would prohibit any funds being used for the transport, release, or assistance in the transfer or release of any…

Cedric L. Richmond
Rep. Cedric L. RichmondD-LA-2 · Jun 5, 2013

I move to strike the last word. I stand in support of my colleague from Ohio. Part of being a legislator and part of having the responsibility of being elected to this body and representing people…

Michael G. Grimm
Rep. Michael G. GrimmR-NY-11 · Jun 5, 2013

I have an amendment at the desk. I rise today in support of my amendment that would prohibit any funds made available by this act from being used by TSA to implement changes to the current list of…

Steve Scalise
Rep. Steve ScaliseR-LA-1 · Jun 5, 2013

I move to strike the last word. Mr. Chairman, I rise in strong support of Congressman Cassidy's amendment. I want to touch on a few things. First of all, when we talk about the need for reforms to…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · Jun 5, 2013

Mr. Chair, I have an amendment at the desk. Mr. Chairman, the TSA is not just for airports anymore. For years the TSA has deployed Visible Intermodal Prevention and Response, or VIPR teams, to…

Eric Swalwell
Rep. Eric SwalwellD-CA-15 · Jun 5, 2013

Mr. Chairman, I move to strike the last word. Mr. Chairman, as the gentleman from New York pointed out, over the last 11 years we have had zero attacks on our airlines where a knife was involved.…

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Charles W. Dent
Rep. Charles W. DentR-PA-15 · Jun 5, 2013

Will the gentlelady yield? I appreciate the gentlelady bringing the IG report to our attention. As Ranking Member Price can attest, the committee has a long, bipartisan history supporting robust…

Tom Cole
Rep. Tom ColeR-OK-4 · Jun 5, 2013

Mr. Chairman, I move to strike the last word in order to enter into a colloquy with Chairman Carter. As many people in this Chamber and around the country know, Oklahoma has had a particularly…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-9 · Jun 5, 2013

Madam Chair, I move to strike the last word. Madam Chair, I rise to express my support for the Urban Area Security Initiative Nonprofit Security Grant Program. The Nonprofit Security Grant Program,…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jun 5, 2013

I move to strike the last word. Madam Chairman, we are debating legislation that is critical to the safety of all Americans. One threat that often gets underplayed but which has been catapulted into…

Pedro R. Pierluisi
Rep. Pedro R. PierluisiD-PR · Jun 5, 2013

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I offered this amendment last year, and it was adopted by voice vote. However, it was not included in the final Consolidated…

Timothy H. Bishop
Rep. Timothy H. BishopD-NY-1 · Jun 5, 2013

Madam Chair, I have an amendment at the desk. Madam Chair, my amendment is very simple. It strikes the $404 million included for the National Bio- and Agro- Defense Facility, known as NBAF, planned…

Doug Collins
Rep. Doug CollinsR-GA-9 · Jun 5, 2013

Mr. Chairman, I rise in opposition to the amendment. I must reluctantly oppose this amendment. I do not want to minimize in the least the unacceptable nature of the present state of affairs, and I do…

Bill Cassidy
Rep. Bill CassidyR-LA-6 · Jun 5, 2013

Mr. Chairman, I have an amendment at the desk. Mr. Chairman, the Biggert-Waters Flood Insurance Reform Act was passed in order to make the flood insurance program both actuarially sound and…

Alan Grayson
Rep. Alan GraysonD-FL-9 · Jun 5, 2013

Mr. Chairman, I move to strike the last word. Mr. Chairman, I speak in favor of the amendment. And I yield to my colleague, the gentleman from Louisiana (Mr. Richmond). I reclaim my time, and I yield…

G. K. Butterfield
Rep. G. K. ButterfieldD-NC-1 · Jun 5, 2013

Madam Chair, I move to strike the last word. Madam Chair, let me first begin by thanking the chairman of the subcommittee and the ranking member for their leadership on this committee. I've watched…

Mick Mulvaney
Rep. Mick MulvaneyR-SC-5 · Jun 5, 2013

Mr. Chairman, I move to strike the last word. I rise today to speak against the amendment. And I think there's one thing that has been overlooked in this debate so far, Mr. Chairman, which is not…

Bill Text

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Introduced in HouseIssued March 20, 2013

I

113th CONGRESS

1st Session

H. R. 1288

IN THE HOUSE OF REPRESENTATIVES

March 20, 2013

Mr. Butterfield (for himself, Mr. Courtney, Mr. Jones, Mr. Meadows, Mr. McIntyre, Mr. Pittenger, Mr. Holding, Mr. Hastings of Florida, Mr. Brady of Pennsylvania, Mrs. Napolitano, Mr. Cummings, Mr. LoBiondo, Mr. McDermott, Ms. Pingree of Maine, Mr. Lipinski, Mr. Griffin of Arkansas, Mr. Schiff, Mr. Rangel, Ms. Schwartz, Mr. Latta, Mr. Ross, Ms. Hahn, Mr. Wittman, Mr. Loebsack, Mr. McHenry, Mr. Johnson of Georgia, Mr. Connolly, Ms. McCollum, Mrs. Carolyn B. Maloney of New York, Ms. Wasserman Schultz, Mr. Barrow of Georgia, Mrs. McCarthy of New York, Mr. Keating, Ms. Brown of Florida, Mr. King of New York, Ms. Bordallo, Mr. Price of North Carolina, Mr. Kennedy, Mr. DeFazio, Mr. Himes, Mr. Honda, and Mr. Westmoreland) 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 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.

1.

Short title

This Act may be cited as the World War II Merchant Mariner Service Act.

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.

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.