[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1126 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1126

    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 Secretary of Veterans 
                                Affairs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 19, 1997

Mr. Evans (for himself, Mr. Filner, Mr. Goode, Mr. Smith of Washington, 
Mr. Hinchey, Mr. Mascara, Mr. Lipinski, Mr. Taylor of Mississippi, Mr. 
Ackerman, Mr. Stupak, Mr. Frost, Mr. Calvert, Mr. Ballenger, Mr. Vento, 
 Ms. Pelosi, Mr. Livingston, Mr. Regula and Mr. Underwood) 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 Secretary 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 
1997''.

SEC. 2. WORLD WAR II MERCHANT MARINE 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 may 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 on December 7, 1941, and ending on 
        December 31, 1946, while such person was--
                    (A) licensed or otherwise documented by an officer 
                or employee of the United States authorized by law to 
                do so; and
                    (B) a crewmember of a vessel that 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.
            (2) The term ``United States merchant marine'' includes the 
        United States Army Transport Service and the United States 
        Naval Transport Service.
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