46 U.S.C. § 11203 — Documentation of qualified service

Page 199 TITLE 46—SHIPPING § 11203 Sec. 11202. Qualified service. 11203. Documentation of qualified service. 11204. Processing fees. § 11201. Eligibility for veterans’ burial and ceme- tery benefits (a) ELIGIBILITY.— (1) IN GENERAL.—The qualified service of an individual 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 pro- visions of title 38: (A) Chapter 23 (relating to burial benefits). (B) Chapter 24 (relating to interment in national cemeteries). (2) COVERED INDIVIDUALS.—Paragraph (1) ap- plies to an individual who— (A) receives an honorable service certifi- cate under section 11203 of this title; and (B) is not eligible under any other provi- sion of law for benefits under laws adminis- tered 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 an individual by reason of eligibility under this sec- tion. (c) APPLICABILITY.— (1) GENERAL RULE.—Benefits may be pro- vided 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 en- actment 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 chap- ter, 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 bene- fits may be provided under section 2306 of such title. (Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3336; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(11), Jan. 1, 2021, 134 Stat. 4751.) Editorial Notes 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. AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘an individual’’ for ‘‘a person’’ wherever appearing. § 11202. Qualified service For purposes of this chapter, an individual shall be considered to have engaged in qualified service if, between August 16, 1945, and Decem- ber 31, 1946, the individual— (1) was a member of the United States mer- chant marine (including the Army Transport Service and the Naval Transport Service) serv- ing as a crewmember of a vessel that was— (A) operated by the War Shipping Adminis- tration or the Office of Defense Transpor- tation (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 prop- erty of, the Government of the United States; and (D) serving the Armed Forces; and (2) while so serving, was licensed or other- wise documented for service as a crewmember of such a vessel by an officer or employee of the United States authorized to license or doc- ument the individual for such service. (Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3336; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(12), Jan. 1, 2021, 134 Stat. 4752.) Editorial Notes AMENDMENTS 2021—Pub. L. 116–283 substituted ‘‘an individual’’ for ‘‘a person’’ in introductory provisions and ‘‘the indi- vidual’’ for ‘‘the person’’ in introductory provisions and in par. (2). § 11203. Documentation of qualified service (a) RECORD OF SERVICE.—The Secretary, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Sec- retary of Defense, shall, upon application— (1) issue a certificate of honorable service to an individual who, as determined by that Sec- retary, engaged in qualified service of a nature and duration that warrants issuance of the certificate; and (2) correct, or request the appropriate offi- cial of the Federal Government to correct, the service records of that individual 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 mak- ing 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 an individual shall make such correction. (Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3337; amended Pub. L. 116–283, div. G, title LVXXXV [LXXXV], § 8505(b)(13), Jan. 1, 2021, 134 Stat. 4752.) Editorial Notes 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 Page 200 TITLE 46—SHIPPING § 11204 Pub. L. 95–202, which is set out as a note under section 106 of Title 38, Veterans’ Benefits. AMENDMENTS 2021—Pub. L. 116–283, § 8505(b)(13)(A), substituted ‘‘an individual’’ for ‘‘a person’’ in subsecs. (a)(1) and (d). Subsec. (a)(2). Pub. L. 116–283, § 8505(b)(13)(B), sub- stituted ‘‘that individual’’ for ‘‘that person’’. § 11204. Processing fees (a) COLLECTION OF FEES.—The Secretary, or in the case of personnel of the Army Transport Service or the Naval Transport Service, the Sec- retary of Defense, shall collect a fee of $30 from each applicant for processing an application sub- mitted 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 depart- ment in which the Coast Guard is operating and ascribed to Coast Guard activities. Amounts re- ceived by the Secretary of Defense under this section shall be deposited in the General Fund of the Treasury as offsetting receipts of the De- partment of Defense. In either case, such amounts shall be available, subject to appropria- tion, for the administrative costs of processing applications under section 11203 of this title. (Added Pub. L. 105–368, title IV, § 402(a), Nov. 11, 1998, 112 Stat. 3337.) Statutory Notes and Related Subsidiaries 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 relat- ing 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 Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. CHAPTER 113—OFFICIAL LOGBOOKS Sec. 11301. Logbook and entry requirements. 11302. Manner of making entries. 11303. Penalties. 11304. Additional logbook and entry requirements. Editorial Notes AMENDMENTS 2010—Pub. L. 111–281, title VI, § 607(b), Oct. 15, 2010, 124 Stat. 2967, added item 11304. § 11301. Logbook and entry requirements (a) Except a vessel on a voyage from a port in the United States to a port in Canada, a vessel of the United States shall have an official log- book if the vessel is— (1) on a voyage from a port in the United States to a foreign port; or (2) of at least 100 gross tons as measured under section 14502 of this title, or an alter- nate tonnage measured under section 14302 of this title as prescribed by the Secretary under section 14104 of this title and is on a voyage between a port of the United States on the At- lantic Ocean and on the Pacific Ocean. (b) The master of the vessel shall make or have made in the official logbook the following entries: (1) each legal conviction of a seaman of the vessel and the punishment inflicted. (2) each offense committed by a seaman of the vessel for which it is intended to prosecute or to enforce under a forfeiture, together with statements about reading the entry and the reply made to the charge as required by sec- tion 11502 of this title. (3) each offense for which punishment is in- flicted on board and the punishment inflicted. (4) a statement of the conduct, character, and qualifications of each seaman of the vessel or a statement that the master declines to give an opinion about that conduct, character, and qualifications. (5) each illness of or injury to a seaman of the vessel, the nature of the illness or injury, and the medical treatment. (6) each death on board, with the cause of death, and if a seaman, the information re- quired by section 10702 of this title. (7) each birth on board, with the sex of the infant and name of the parents. (8) each marriage on board, with the names and ages of the parties. (9) the name of each seaman who ceases to be a crewmember (except by death), with the place, time, manner, and the cause why the seaman ceased to be a crewmember. (10) the wages due to a seaman who dies dur- ing the voyage and the gross amount of all de- ductions to be made from the wages. (11) the sale of the property of a seaman who dies during the voyage, including a statement of each article sold and the amount received for the property. (12) when a marine casualty occurs, a state- ment about the casualty and the cir- cumstances under which it occurred, made im- mediately after the casualty when practicable to do so. (13) when a vessel fails to carry out ballast water management requirements as applicable and pursuant to regulations promulgated by the Secretary, including when the vessel fails to carry out ballast water management re- quirements due to an allowed safety exemp- tion, a statement regarding the failure to comply and the circumstances under which the failure occurred, made immediately after the failure, when practicable to do so. (Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 581; Pub. L. 98–557, § 30, Oct. 30, 1984, 98 Stat. 2875; Pub. L. 104–324, title VII, § 742, Oct. 19, 1996, 110 Stat. 3942; Pub. L. 115–282, title IX, § 903(d), Dec. 4, 2018, 132 Stat. 4357.) HISTORICAL AND REVISION NOTES Revised section Source section (U.S. Code) 11301 ............................................ 46:201 Section 11301 requires United States vessels on cer- tain types of voyages to have an official logbook and lists the types of entries that must be made in the log- book. Editorial Notes AMENDMENTS 2018—Subsec. (b)(13). Pub. L. 115–282 added par. (13).