US (United States) Code. Title 46. Subtitle II: Vessels and Seamen. Chapter 112: Merchant mariner benefits

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Shipping. Protection and relief

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  • Idioma: inglés
  • País: Estados Unidos Estados Unidos
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-CITE-

46 USC CHAPTER 112 - MERCHANT MARINER BENEFITS 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-

CHAPTER 112 - MERCHANT MARINER BENEFITS

-MISC1-

Sec.

11201. Eligibility for veterans' burial and cemetery

benefits.

11202. Qualified service.

11203. Documentation of qualified service.

11204. Processing fees.

-End-

-CITE-

46 USC Sec. 11201 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-

Sec. 11201. Eligibility for veterans' burial and cemetery benefits

-STATUTE-

(a) Eligibility. -

(1) In general. - The qualified service of a person referred to

in paragraph (2) shall be considered to be active duty in the

Armed Forces during a period of war for purposes of eligibility

for benefits under the following provisions of title 38:

(A) Chapter 23 (relating to burial benefits).

(B) Chapter 24 (relating to interment in national

cemeteries).

(2) Covered individuals. - Paragraph (1) applies to a person

who -

(A) receives an honorable service certificate under section

11203 of this title; and

(B) is not eligible under any other provision of law for

benefits under laws administered by the Secretary of Veterans

Affairs.

(b) Reimbursement for Benefits Provided. - The Secretary shall

reimburse the Secretary of Veterans Affairs for the value of

benefits that the Secretary of Veterans Affairs provides for a

person by reason of eligibility under this section.

(c) Applicability. -

(1) General rule. - Benefits may be provided under the

provisions of law referred to in subsection (a)(1) by reason of

this chapter only for deaths occurring after the date of the

enactment of this chapter.

(2) Burials, etc. in national cemeteries. - Notwithstanding

paragraph (1), in the case of an initial burial or columbarium

placement after the date of the enactment of this chapter,

benefits may be provided under chapter 24 of title 38 by reason

of this chapter (regardless of the date of death), and in such a

case benefits may be provided under section 2306 of such title.

-SOURCE-

(Added Pub. L. 105-368, title IV, Sec. 402(a), Nov. 11, 1998, 112

Stat. 3336.)

-REFTEXT-

REFERENCES IN TEXT

The date of the enactment of this chapter, referred to in subsec.

(c), is the date of enactment of Pub. L. 105-368, which was

approved Nov. 11, 1998.

-End-

-CITE-

46 USC Sec. 11202 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-

Sec. 11202. Qualified service

-STATUTE-

For purposes of this chapter, a person shall be considered to

have engaged in qualified service if, between August 16, 1945, and

December 31, 1946, the person -

(1) was a member of the United States merchant marine

(including the Army Transport Service and the Naval Transport

Service) serving as a crewmember of a vessel that was -

(A) operated by the War Shipping Administration or the Office

of Defense Transportation (or an agent of the Administration or

Office);

(B) operated in waters other than inland waters, the Great

Lakes, and other lakes, bays, and harbors of the United States;

(C) under contract or charter to, or property of, the

Government of the United States; and

(D) serving the Armed Forces; and

(2) while so serving, was licensed or otherwise documented for

service as a crewmember of such a vessel by an officer or

employee of the United States authorized to license or document

the person for such service.

-SOURCE-

(Added Pub. L. 105-368, title IV, Sec. 402(a), Nov. 11, 1998, 112

Stat. 3336.)

-End-

-CITE-

46 USC Sec. 11203 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-

Sec. 11203. Documentation of qualified service

-STATUTE-

(a) Record of Service. - The Secretary, or in the case of

personnel of the Army Transport Service or the Naval Transport

Service, the Secretary of Defense, shall, upon application -

(1) issue a certificate of honorable service to a person who,

as determined by that Secretary, engaged in qualified service of

a nature and duration that warrants issuance of the certificate;

and

(2) correct, or request the appropriate official of the Federal

Government to correct, the service records of that person to the

extent necessary to reflect the qualified service and the

issuance of the certificate of honorable service.

(b) Timing of Documentation. - A Secretary receiving an

application under subsection (a) shall act on the application not

later than 1 year after the date of that receipt.

(c) Standards Relating to Service. - In making a determination

under subsection (a)(1), the Secretary acting on the application

shall apply the same standards relating to the nature and duration

of service that apply to the issuance of honorable discharges under

section 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38

U.S.C. 106 note).

(d) Correction of Records. - An official who is requested under

subsection (a)(2) to correct the service records of a person shall

make such correction.

-SOURCE-

(Added Pub. L. 105-368, title IV, Sec. 402(a), Nov. 11, 1998, 112

Stat. 3337.)

-REFTEXT-

REFERENCES IN TEXT

Section 401(a)(1)(B) of the GI Bill Improvement Act of 1977,

referred to in subsec. (c), is section 401(a)(1)(B) of Pub. L.

95-202, which is set out as a note under section 106 of Title 38,

Veterans' Benefits.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 11201, 11204 of this

title.

-End-

-CITE-

46 USC Sec. 11204 01/06/03

-EXPCITE-

TITLE 46 - SHIPPING

Subtitle II - Vessels and Seamen

Part G - Merchant Seamen Protection and Relief

CHAPTER 112 - MERCHANT MARINER BENEFITS

-HEAD-

Sec. 11204. Processing fees

-STATUTE-

(a) Collection of Fees. - The Secretary, or in the case of

personnel of the Army Transport Service or the Naval Transport

Service, the Secretary of Defense, shall collect a fee of $30 from

each applicant for processing an application submitted under

section 11203(a) of this title.

(b) Treatment of Fees Collected. - Amounts received by the

Secretary under this section shall be deposited in the General Fund

of the Treasury as offsetting receipts of the department in which

the Coast Guard is operating and ascribed to Coast Guard

activities. Amounts received by the Secretary of Defense under this

section shall be deposited in the General Fund of the Treasury as

offsetting receipts of the Department of Defense. In either case,

such amounts shall be available, subject to appropriation, for the

administrative costs of processing applications under section 11203

of this title.

-SOURCE-

(Added Pub. L. 105-368, title IV, Sec. 402(a), Nov. 11, 1998, 112

Stat. 3337.)

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of authorities, functions, personnel, and assets of

the Coast Guard, including the authorities and functions of the

Secretary of Transportation relating thereto, to the Department of

Homeland Security, and for treatment of related references, see

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

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