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Veterans Benefits: Merchant Seamen [Updated December 23, 2008]
"Seamen of the U.S. merchant marine contributed to the World War II effort through the transportation of goods, materials, and personnel to the various theaters of war. However, they were civilians and not members of the U.S. Armed Forces. As a result, at the end of the war they did not receive the benefits granted to members of the U.S. Armed Forces. In the years after the war, Congress held hearings on legislation introduced that would have either expanded benefits then currently available to merchant seamen, or provided benefits comparable to those provided in the Servicemen's Readjustment Act of 1944 (The GI Bill or GI Bill of Rights, P.L. 78-346). None of the legislation introduced was passed by Congress. The GI Bill Improvement Act of 1977 (P.L. 95-202) recognized the service of one group of civilians, the Women's Air Forces Service Pilots, as active service for benefits administered by the Department of Veterans Affairs (VA). In addition, P.L. 95-202 provided that the Secretary of Defense could determine that service for the Armed Forces by a group of civilians, or contractors, be considered active service for benefits administered by the VA. [...]This report will provide a brief overview of seamen of the U.S. merchant marine (merchant seamen or merchant mariners) and World War II, post-war efforts for benefits for merchant seamen, the efforts by merchant seamen for recognition under P.L. 95-202, and legislation introduced in the 110th Congress. The report will be updated as needed for additional information and legislative changes."
Library of Congress. Congressional Research Service
Scott, Christine A.; Weimer, Douglas Reid
2008-12-23
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Veterans Benefits: Merchant Seamen [May 8, 2007]
"During World War II, merchant seamen and a large number of other civilians, either through private employment or voluntarily, contributed directly to the war effort. These contributions took place while their private employers were under contract or direction of the U.S. military or government, or due to their participation in military activities such as the defense of certain geographic areas (for example, Guam or Bataan). Because these individuals were not members of the U.S. Armed Forces, their participation in World War II is not considered 'active duty' military service for purposes of veterans benefits.1 In the years after the war, Congress held hearings on legislation introduced that would have either expanded benefits then currently available to merchant seamen, or provide benefits comparable to those provided in the Servicemen's Readjustment Act of 1944 (The GI Bill or GI Bill of Rights, P.L. 78-346). None of the legislation introduced was passed by Congress. This report will provide a brief overview of seamen in the U.S. Merchant Marine and World War II, post-war efforts for benefits for merchant seamen, the efforts by merchant seamen for recognition under P.L. 95-202, and legislation introduced in the 110th Congress."
Library of Congress. Congressional Research Service
Scott, Christine A.; Weimer, Douglas Reid
2007-05-08
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Hague Convention on Intercountry Adoption: Status and Recent Developments [Updated March 24, 2006]
From the Summary: "For some time, the United States has been in the process of completing the procedures necessary for the formal ratification, and entry into force, of the Hague Convention on Inter-country Adoption ('Convention'). The United States has signed the Convention, the Senate has given its advice and consent to the ratification of the Convention, and Congress has approved legislation for the implementation of the Convention, the Inter-country Adoption Act ('IAA'). However, the U.S. Department of State ('DOS') has a number of duties and responsibilities, discussed below, which must be completed prior to the formal ratification and the entry into force of the Convention. On February 15, 2006, the DOS issued two final rules on 1) the accreditation and approval of agencies and persons concerned with the international adoption process in accordance with the Convention and the IAA and 2) the preservation of Convention records. At the present time, the DOS has not given a definite date for the completion of its duties but has stated on its website that the 'Convention is expected to enter into force for the United States in 2007.'"
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2006-03-24
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Veterans Affairs: The Appeal Process for Veterans' Claims [October 18, 2006]
From the Summary: "Congress, through the United States Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits range from health care and related services to burial benefits. The veteran's basic eligibility for these programs and services is usually determined by the local VA office. Veterans not satisfied with the VA's decision(s) may wish to have them reviewed and may appeal the decision(s). This report traces the various steps involved in the appeal process -- starting with the original application for benefits and concluding with an appeal to the U.S. Supreme Court. A flow chart outlining all of the steps in the appeal process is provided. […] The VA has various statutory obligations to assist the veteran in the preparation of his/her application for benefits and any subsequent appeal(s). Among these obligations are assistance in the preparation of the initial application; provision of various records; medical exams; and other related issues. Certain legal and factual presumptions are established by statute that may be favorable to the veteran's claim. These issues are examined in the appendix to this report."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2006-10-18
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Paleontological Resources Preservation Act: Proposal for the Management and Protection of Fossil Resources Located on Federal Lands [September 14, 2004]
From the Summary: "Approximately 30% of the land in the United States is under the control of federal land managers. Much of this public land is rich in paleontological [fossil] resources. Concern has been expressed over the management, conservation, and protection of these resources. There is no comprehensive statute or management policy for the protection or management of fossils located on federal lands. Federal authority for the management of such resources may be derived from a number of general statutes relating to the protection of public properties. The applicability of some of these statutes, such as the Antiquities Act and the Archeological Resources Protection Act, is uncertain or limited. General authority for fossil protection also may be derived from general criminal theft statutes dealing with the theft of government property and from certain site-specific statutes. There may also be certain regulatory authority which is provided by the statutes governing each agency's operations. […] Legislative activity concerning the protection of fossils located on federal lands has occurred in both the 107th and 108th Congresses. There have been two types of legislation: one type deals with specific fossil resources at a particular location; the other type provides comprehensive management and protection authority for fossils located on federal lands. In the 108th Congress, the Senate passed S. 546, the Paleontological Resources Preservation Act. The bill has been referred to two House committees. H.R. 2416, a similar bill, has been introduced in the House. The two bills provide a comprehensive approach to the management of fossils on federal lands, providing uniform definitions, public programs, specific prohibitions, permit procedures, and civil and criminal penalties. The bills would not modify the general mining or reclamation laws, or apply to lands other than federal lands."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2004-09-14
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Veterans Affairs: The Appeal Process for Veterans' Claims [Updated March 20, 2008]
From the Summary: "Congress, through the United States Department of Veterans Affairs (VA), provides a variety of benefits and services to veterans and to certain members of their families. These benefits range from health care and related services to burial benefits. The veteran's basic eligibility for these programs and services is usually determined by the local VA office. Veterans not satisfied with the VA's decision(s) may wish to have them reviewed and may appeal the decision(s). This report traces the various steps involved in the appeal process -- starting with the original application for benefits and concluding with an appeal to the U.S. Supreme Court. A flow chart outlining all of the steps in the appeal process is provided. […] The VA has various statutory obligations to assist the veteran in the preparation of his/her application for benefits and any subsequent appeal(s). Among these obligations are assistance in the preparation of the initial application; provision of various records; medical exams; and other related issues. Certain legal and factual presumptions are established by statute that may be favorable to the veteran's claim. These issues are examined in the appendix to this report. Legislation introduced in the 110th Congress concerning the appeal process is summarized in the appendix."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2008-03-20
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Veterans Affairs: The U.S. Court of Appeals for Veterans Claims -- Judicial Review of VA Decision Making [December 27, 2006]
From the Summary: "Congress, through the Department of Veterans Affairs (VA), extends various benefits to veterans and certain of their family members. Sometimes veterans may not agree with the VA's initial decisions concerning the award and/or the amount of these benefits. Within the VA, there is an extensive appeal/review process that concludes with the decision of the Board of Veterans' Appeals (BVA). Final decisions of the BVA may be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC), which is an independent federal court, entirely separate from the VA. This report examines the historical and legislative background of the CAVC and its current operation."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2006-12-27
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Veterans Affairs: Basic Eligibility for Disability Benefit Programs [Updated April 24, 2008]
From the Summary: "A broad range of benefits is offered to American veterans and to certain members of their families by the United States Department of Veterans Affairs (VA). Among these benefits are various types of financial benefits and assistance -- which include disability compensation and pensions. The VA administers two disability programs. These programs pay monthly cash benefits to disabled veterans. 'Disability compensation' provides a monthly benefit if the veteran is disabled as a result of his/her military service. Disability compensation relates specifically to a disability which directly resulted from military service. A 'disability pension' is paid to a wartime veteran if the veteran has limited income, is no longer able to work, or is age 65 or older. The pension is not related to a service-connected injury or medical condition. Award of the pension takes into consideration the material needs of the veteran (i.e., it is a 'needs-based' pension). There is no deadline or time limit for applying for disability benefits. A veteran cannot simultaneously receive both disability compensation and a disability pension. There are certain basic criteria which must be met in order to be eligible to receive either of these benefits. This report examines the eligibility criteria and the fundamentals of the VA-administered disability benefit programs and related issues."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2008-04-24
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Veterans Affairs: The U.S. Court Appeals for Veterans Claims - Judicial Review of VA Decision Making [Updated March 4, 2008]
From the Summary: "Congress, through the Department of Veterans Affairs (VA), extends various benefits to veterans and certain of their family members. Sometimes veterans may not agree with the VA's initial decisions concerning the award and/or the amount of these benefits. Within the VA, there is an extensive appeal/review process that concludes with the decision of the Board of Veterans' Appeals (BVA). Final decisions of the BVA may be appealed to the U.S. Court of Appeals for Veterans Claims (CAVC), which is an independent federal court, entirely separate from the VA. This report examines the historical and legislative background of the CAVC and its current operation."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2008-03-04
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Veterans Affairs: Benefits for Service-Connected Disabilities [Updated January 29, 2008]
From the Summary: "Congress provides various benefits to American veterans and their dependents through the United States Department of Veterans Affairs (VA). One of these benefits is 'disability compensation,' which is a monthly cash benefit program for veterans currently impaired from past service-connected activities. […] If the veteran is found eligible for disability compensation, the VA then uses the Schedule for Rating Disabilities (SRD) to set the amount of earnings impairment on a percentage basis; the higher the percentage, the greater the compensation will be. Certain complications arise with the use of the rating system. A veteran's rating may be increased or decreased over time -- depending on his/her medical condition. Rating decisions may be appealed administratively. Legislation passed in the First Session of the 110th Congress increased the 2008 monthly disability compensation payments. Other legislation has been introduced that would provide veterans a cost-of-living (COLA) for their VA benefits equal to the COLA for Social Security benefits. The 110th Congress has considered additional legislation that may affect service-connected disabilities. One bill would change the manner in which disabled veterans could qualify to receive Social Security Disability Insurance (SSDI) benefits. Several bills have been introduced to deal with the claims processing backlog at the VA and issues related to the receipt of disability benefits."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2008-01-29
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Veterans Affairs: Basic Eligibility for Disability Benefit Programs [Updated January 14, 2008]
From the Summary: "A broad range of benefits is offered to American veterans and to certain members of their families by the United States Department of Veterans Affairs (VA). Among these benefits are various types of financial benefits and assistance -- which include disability compensation and pensions. The VA administers two disability programs. These programs pay monthly cash benefits to disabled veterans. 'Disability compensation' provides a monthly benefit if the veteran is disabled as a result of his/her military service. Disability compensation relates specifically to a disability which directly resulted from military service. A 'disability pension' is paid to a wartime veteran if the veteran has limited income, is no longer able to work, or is age 65 or older. The pension is not related to a service-connected injury or medical condition. Award of the pension takes into consideration the material needs of the veteran (i.e., it is a 'needs-based' pension). There is no deadline or time limit for applying for disability benefits. A veteran cannot simultaneously receive both disability compensation and a disability pension. There are certain basic criteria which must be met in order to be eligible to receive either of these benefits. This report examines the eligibility criteria and the fundamentals of the VA-administered disability benefit programs and related issues."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2008-01-14
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Veterans Affairs: 'Gray Area Retirees'- Issues and Related Legislation [September 10, 2009]
From the Summary: "The United States Department of Veterans Affairs (VA) provides a broad range of benefits and services to American veterans and to certain members of their families. In addition, the Department of Defense (DOD) offers a variety of benefits to veterans who are also military retirees. When members of the National Guard or the Reserve who have not yet reached age 60 retire (usually after at least 20 years of service), however, they are not entitled to certain federal benefits, including health care. These military retirees are commonly known as 'Gray Area Retirees' (GARs)." "The concept of 'veteran' is defined by federal statute and includes various criteria, such as discharge status, 'active' service, time of service, and length of duty. Based upon their military service and the eligibility criteria, it may be difficult for members of the National Guard and members of the various Reserve Components to qualify as 'veterans' for purposes of VA benefits. Therefore, not every member of the Guard or the Reserve will be considered a 'veteran' for the purposes of VA benefits. Congressional interest has focused on this group of military retirees, and bills have been introduced in the 111th Congress, which, if enacted, would provide certain benefits to this particular group of military retirees."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2009-09-10
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Dr. Martin Luther King Jr.: Commemorative Works and Other Honors Authorized by Congress [October 13, 2011]
"Dr. Martin Luther King Jr. (1929-1968), the prominent African American clergyman and civil rights leader, has been honored by Congress over the years through the enactment of several pieces of legislation to provide for the commemoration of his life, works, and legacy. This report examines the life and works of Dr. King, and the various honors and memorials which Congress has authorized. In addition, Mrs. Martin Luther King Jr. (Coretta Scott King, 1927-2006) was closely involved in her husband's work. Following his assassination, she carried on his legacy. She has also been recognized and commemorated by Congress. This report provides the current status of these various projects. In 1983, Congress enacted legislation to designate the birthday of Dr. King a legal public holiday. This federal holiday has been observed every year since 1986. Since then, Congress has regularly passed resolutions recognizing Dr. King's birthday and acknowledging his contributions to the United States and the world. In 1994, Congress passed legislation to fund the King Federal Holiday Commission and to extend its operations. […] In 2004, Congress authorized the President to award a gold medal on behalf of Congress to Dr. King (posthumously) and his widow, Coretta Scott King, in recognition of their contributions to the civil rights movement. The medal has been minted. Mrs. King died on January 31, 2006. Following her death, both the Senate and House passed resolutions expressing condolences and honoring her life and work. It is expected that the medal will be ceremoniously presented to the family of Dr. and Mrs. King at some future date."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2011-10-13
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Veterans Affairs: Benefits for Service-Connected Disabilities [Updated May 15, 2008]
From the Summary: "Congress provides various benefits to American veterans and their dependents through the United States Department of Veterans Affairs (VA). One of these benefits is 'disability compensation', which is a monthly cash benefit program for veterans currently impaired from past service-connected activities. A claim for disability compensation is initially analyzed by the VA at the local level to determine: 1) whether the claimant is considered a 'veteran' (eligible for benefits); 2) whether the veteran qualifies for disability compensation (entitled to benefits); 3) the extent of the impairment and the 'rate' of the disability; and 4) the effective date for the compensation. […] If the veteran is found eligible for disability compensation, the VA then uses the Schedule for Rating Disabilities (SRD) to set the amount of earnings impairment on a percentage basis; the higher the percentage, the greater the compensation will be. Certain complications arise with the use of the rating system. A veteran's rating may be increased or decreased over time -- depending on his/her medical condition. Rating decisions may be appealed administratively. Legislation passed in the First Session of the 110th Congress increased the 2008 monthly disability compensation payments. Other legislation has been introduced that would provide veterans a cost-of-living (COLA) for their VA benefits equal to the COLA for Social Security benefits. The 110th Congress has considered additional legislation that may affect service-connected disabilities. One bill would change the manner in which disabled veterans could qualify to receive Social Security Disability Insurance (SSDI) benefits. Several bills have been introduced to deal with the claims processing backlog at the VA and issues related to the receipt of disability benefits."
Library of Congress. Congressional Research Service
Weimer, Douglas Reid
2008-05-15
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