[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 61 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 61

   To amend title 46, United States Code, 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 21, 1997

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

_______________________________________________________________________

                                 A BILL


 
   To amend title 46, United States Code, 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) Benefits.--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) Record of Service.--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) Timing of Documentation.--The Secretary shall take action on 
an application under subsection (a) not later than one year after the 
Secretary receives the application.
    ``(c) Standards Relating to Service.--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) Correction of Records.--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) Eligibility.--
            ``(1) In general.--The qualified service of an individual 
        referred to in paragraph (2) 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.
            ``(2) Covered individuals.--Paragraph (1) applies to an 
        individual who--
                    ``(A) receives an honorable discharge certificate 
                under section 11202 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 an individual by 
reason of eligibility under this section.
    ``(c) Prospective Applicability.--An individual is not entitled to 
receive, and may not receive, benefits under this chapter for any 
period before the date of enactment of this chapter.
``Sec. 11204. Processing fees
    ``(a) Collection of Fees.--The Secretary shall collect a fee of $30 
from each applicant for processing an application submitted under 
section 11202(a) of this title.
    ``(b) Treatment of Fees Collected.--Amounts received by the 
Secretary under this section shall be credited to appropriations 
available to the Secretary for carrying out this chapter.''.
    (b) Clerical Amendment.--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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