Page:United States Statutes at Large Volume 112 Part 5.djvu/578

This page needs to be proofread.

112 STAT. 3336 PUBLIC LAW 105-368—NOV. 11, 1998 § 11201. Eligibility for veterans' burial and cemetery benefits " (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. "*§ 11202. Qualified service "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.