I

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.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Merchant Mariners

5 Fairness Act of 1993’’.
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1 SEC. 2. SERVICE DEEMED TO BE ACTIVE MILITARY SERV2 ICE.

3 (a) IN GENERAL.—For purposes of section

4 401(a)(1)(A) of the GI Bill Improvement Act of 1977 (38

5 U.S.C. 106 note), the Secretary of Defense is deemed to

6 have determined that qualified service of a person con7 stituted active military service.

8 (b) DETERMINATION OF DISCHARGE STATUS.—

9 (1) The Secretary of Defense shall issue an

10 honorable discharge under section 401(a)(1)(B) of

11 the GI Bill Improvement Act of 1977 to each person

12 whose qualified service warrants an honorable dis13 charge.

14 (2) Such discharge shall be issued before the

15 end of the one-year period beginning on the date of

16 the enactment of this Act.

17 SEC. 3. PROHIBITION OF RETROACTIVE BENEFITS.

18 Benefits shall not be paid to any person as a result

19 of the enactment of this Act for any period before the date

20 of the enactment of this Act.

21 SEC. 4. PROCESSING FEES.

22 (a) IN GENERAL.—The Secretary of the Department

23 in which the Coast Guard is operating shall establish, as24 sess, and collect a fee for processing applications for bene25 fits based on qualified service.
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1 (b) APPLICATION.—A fee established under this sec2 tion shall apply to any application that is received after

3 the date of the enactment of this Act by the Secretary

4 of the Department in which the Coast Guard is operating,

5 for a benefit (including for an increase in a benefit) based

6 on qualified service.

7 (c) AMOUNT.—The amount of a fee established under

8 this section shall be $30.

9 SEC. 5. DEFINITIONS.

10 For purposes of this Act—

11 (1) the term ‘‘qualified service’’ means service

12 of a person as a member of the United States mer13 chant marine during the period beginning December

14 7, 1941, and ending December 31, 1946, while such

15 person was—

16 (i) licensed or otherwise documented by an

17 officer or employee of the United States author18 ized by law to do so; and

19 (ii) a crewmember of any vessel which at

20 the time of such service was—

21 (I) documented in the United States,

22 (II) operated under the flag of the

23 United States in waters other than inland

24 waters of the United States,
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1 (III) under contract or charter to, or

2 property of, the Government of the United

3 States, and

4 (IV) serving the Armed Forces; and

5 (2) the term ‘‘United States merchant marine’’

6 includes the United States Army Transport Service.

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