I
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 pur-
poses 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 adminis-
tered by the Secretary of Veterans Affairs.
Be it enacted by the Senate and House of Representa-
tives 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 con-
stituted active military service.
(b) DETERMINATION OF DISCHARGE STATUS.—(1)
The Secretary of Defense shall issue an honorable dis-
charge under section 401(a)(1)(B) of the GI Bill Improve-
ment 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 enact-
ment 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, as-
sess, and collect a fee for processing applications for bene-
fits based on qualified service.
(b) APPLICATION.—A fee established under this sec-
tion 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 mer-
chant marine during the period beginning on Decem-
ber 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 au-
thorized 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.
Æ