[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 44 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                 H. R. 44

    To provide that certain service of members of the United States 
merchant marine during World War II constituted active military service 
  for purposes of any law administered by the Department of Veterans 
                                Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 1995

Mr. Fields of Texas (for himself, Mr. Evans, Mr. Studds, Mr. Ackerman, 
  Mr. Barrett of Nebraska, Mr. Bateman, Mr. Borski, Mr. Callahan, Mr. 
Calvert, Mr. Chapman, Mr. DeFazio, Mr. Diaz-Balart, Mr. Doolittle, Mr. 
Dornan, Mr. Filner, and Mr. Stark) introduced the following bill; which 
           was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
    To provide that certain service of members of the United States 
merchant marine during World War II constituted active military service 
  for purposes of any law administered by the Department of Veterans 
                                Affairs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Merchant Mariners Fairness Act of 
1993''.

SEC. 2. SERVICE DEEMED TO BE ACTIVE MILITARY SERVICE.

    (a) In General.--For purposes of section 401(a)(1)(A) of the GI 
Bill Improvement Act of 1977 (38 U.S.C. 106 note), the Secretary of 
Defense is deemed to have determined that qualified service of a person 
constituted active military service.
    (b) Determination of Discharge Status.--
            (1) The Secretary of Defense shall issue an honorable 
        discharge under section 401(a)(1)(B) of the GI Bill Improvement 
        Act of 1977 to each person whose qualified service warrants an 
        honorable discharge.
            (2) Such discharge shall be issued before the end of the 
        one-year period beginning on the date of the enactment of this 
        Act.

SEC. 3. PROHIBITION OF RETROACTIVE BENEFITS.

    Benefits shall not be paid to any person as a result of the 
enactment of this Act for any period before the date of the enactment 
of this Act.

SEC. 4. PROCESSING FEES.

    (a) In General.--The Secretary of the Department in which the Coast 
Guard is operating shall establish, assess, and collect a fee for 
processing applications for benefits based on qualified service.
    (b) Application.--A fee established under this section shall apply 
to any application that is received after the date of the enactment of 
this Act by the Secretary of the Department in which the Coast Guard is 
operating, for a benefit (including for an increase in a benefit) based 
on qualified service.
    (c) Amount.--The amount of a fee established under this section 
shall be $30.

SEC. 5. DEFINITIONS.

    For purposes of this Act--
            (1) the term ``qualified service'' means service of a 
        person as a member of the United States merchant marine during 
        the period beginning December 7, 1941, and ending December 31, 
        1946, while such person was--
                    (i) licensed or otherwise documented by an officer 
                or employee of the United States authorized by law to 
                do so; and
                    (ii) a crewmember of any vessel which at the time 
                of such service was--
                            (I) documented in the United States,
                            (II) operated under the flag of the United 
                        States in waters other than inland waters of 
                        the United States,
                            (III) under contract or charter to, or 
                        property of, the Government of the United 
                        States, and
                            (IV) serving the Armed Forces; and
            (2) the term ``United States merchant marine'' includes the 
        United States Army Transport Service.
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