[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 254 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 254

To extend eligibility for veterans' burial benefits, funeral benefits, 
  and related benefits for veterans of certain service in the United 
              States merchant marine during World War II.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 20 (legislative day, January 10), 1995

   Mr. Lott introduced the following bill; which was read twice and 
             referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
To extend eligibility for veterans' burial benefits, funeral benefits, 
  and related benefits for veterans of certain service in the United 
              States merchant marine during World War II.

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

SECTION 1. MERCHANT MARINER BENEFITS.

    (a) Part G of subtitle II, title 46, United States Code, is amended 
by adding at the end the following new chapter:

                ``CHAPTER 112--MERCHANT MARINER BENEFITS

``Sec.
``11201. Qualified service.
``11202. Documentation of qualified service.
``11203. Eligibility for certain veterans' benefits.
``11204. Processing fees.
``Sec. 11201. Qualified service
    ``For purposes of this chapter, a person 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 
        Transportation 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, 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.
``Sec. 11202. Documentation of qualified service
    ``(a) The Secretary shall, upon application--
            ``(1) issue a certificate of honorable discharge to a 
        person who, as determined by the 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 the 
        person to the extent necessary to reflect the qualified service 
        and the issuance of the certificate of honorable discharge.
    ``(b) The Secretary shall take action on an application under 
subsection (a) not later than one year after the Secretary receives the 
application.
    ``(c) In making a determination under subsection (a)(1), the 
Secretary 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) An official of the Federal Government who is requested to 
correct service records under subsection (a)(2) shall do so.
``Sec. 11203. Eligibility for certain veterans' benefits
    ``(a) The qualified service of an individual who--
            ``(1) receives an honorable discharge certificate under 
        section 11202 of this title, and
            ``(2) is not eligible under any other provision of law for 
        benefits under laws administered by the Secretary of Veterans 
        Affairs,
is deemed to be active duty in the Armed Forces during a period of war 
for purposes of eligibility for benefits under chapters 23 and 24 of 
title 38.
    ``(b) 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 
section.
    ``(c) An individual is not entitled to receive, and may not 
receive, benefits under this chapter for any period before the date on 
which this chapter takes effect.
``Sec. 11204. Processing fees
    ``(a) The Secretary shall collect a fee of $30 from each applicant 
for processing an application submitted under section 11202(a) of this 
title.
    ``(b) Amounts received by the Secretary under this section shall be 
credited to appropriations available to the Secretary for carrying out 
this chapter.''.
    (b) The table of chapters at the beginning of subtitle II of title 
46, United States Code, is amended by inserting after the item relating 
to chapter 111 the following:

``112. Merchant Mariner Benefits............................   11201''.
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