II

103D CONGRESS

2D SESSION S. 2337

To extend benefits for qualified service to certain merchant mariners who

served during World War II, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JULY 29 (legislative day, JULY 20), 1994

Mr. LOTT introduced the following bill; which was read twice and referred to

the Committee on Commerce, Science, and Transportation

A BILL

To extend benefits for qualified service to certain merchant

mariners who served during World War II, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. MERCHANT MARINER BENEFITS.

4 (a) Part G of subtitle II, title 46, United States Code,

5 is amended by adding at the end the following new chap6 ter:

7 ‘‘CHAPTER 112—MERCHANT MARINER

8 BENEFITS

‘‘Sec.

‘‘11201. Qualified service.

‘‘11202. Benefits for qualified service.
2

•S 2337 IS

‘‘11203. Processing fees to correct records.

1 ‘‘§ 11201. Qualified service

2 ‘‘An individual who served as a member of the United

3 States merchant marine, including the Army Transport

4 Service and the Naval Transportation Service, between

5 August 16, 1945, and December 31, 1946, is deemed to

6 have been engaged in qualified service for purposes of this

7 chapter if during that period such individual was—

8 ‘‘(1) licensed or otherwise documented by an of9 ficer or employee of the United States authorized to

10 license or document such individual; and

11 ‘‘(2) a crewmember of a vessel that at the time

12 of the service was—

13 ‘‘(A) operated by the War Shipping Ad14 ministration or the Office of Defense Transpor15 tation (or an agent of the Administration or Of16 fice);

17 ‘‘(B) operated in waters other than inland

18 waters, the Great Lakes, other lakes, bays, and

19 harbors of the United States;

20 ‘‘(C) under contract, charter to, or prop21 erty of, the Government of the United States;

22 and

23 ‘‘(D) serving the Armed Forces.
3

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1 ‘‘§ 11202. Benefits for qualified service

2 ‘‘(a) An individual who believes to have performed

3 qualified service under section 11201 of this title may

4 apply to the Secretary for a determination under this sec5 tion and for a correction of the service records of such

6 applicant under section 11203 of this title. Not later than

7 1 year after the Secretary receives an application under

8 this section, the Secretary shall determine whether the in9 dividual performed qualified service.

10 ‘‘(b) The Secretary shall issue an honorable discharge

11 to an individual who performed qualified service, as deter12 mined by the Secretary under subsection (a). The Sec13 retary shall issue the discharge subject to the same stand14 ards relating to the nature and duration of service that

15 apply to the honorable discharges issued under section

16 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38

17 U.S.C. 106 note).

18 ‘‘(c) Qualified service of an individual who—

19 ‘‘(1) receives an honorable discharge under sub20 section (b), and

21 ‘‘(2) is not eligible under any other provision of

22 law for benefits administered by the Secretary of

23 Veterans Affairs,

24 is deemed to be active duty in the Armed Forces during

25 a period of war for purposes of eligibility for benefits

26 under chapters 23 and 24 of title 38, United States Code.
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1 ‘‘(d) The Secretary shall reimburse the Secretary of

2 Veterans Affairs for the value of benefits that the Depart3 ment of Veterans Affairs provides to an individual by rea4 son of eligibility under this chapter.

5 ‘‘(e) An individual is not entitled to, and may not re6 ceive, benefits under this chapter for any period before the

7 date of enactment of this chapter.

8 ‘‘§ 11203. Processing fees to correct records

9 ‘‘(a) The Secretary shall ensure that the service

10 records of an individual who performed qualified service,

11 as determined by the Secretary under section 11202(a)

12 of this title, are corrected to reflect the qualified service.

13 ‘‘(b) The Secretary shall collect a fee of $30 from

14 each applicant for processing an application submitted

15 under section 11202(a) of this title.

16 ‘‘(c) Amounts received by the Secretary under this

17 section shall be credited to the amounts made available

18 to the Secretary by appropriations for the purpose of car19 rying out this chapter.’’.

20 (b) The analysis at the beginning of subtitle II of title

21 46, United States Code, is amended by inserting after the

22 item relating to chapter 111 the following:

‘‘112. Merchant Mariner Benefits ................................................11201’’.

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