H.R.44 - Merchant Mariners Fairness Act of 1991102nd Congress (1991-1992)
|Sponsor:||Rep. Fields, Jack [R-TX-8] (Introduced 01/03/1991)|
|Committees:||House - Merchant Marine and Fisheries; Veterans' Affairs|
|Committee Reports:||H.Rept 102-105 Part 1|
|Latest Action:||House - 10/01/1992 Referred to the Subcommittee on Compensation, Pension and Insurance. (All Actions)|
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Text: H.R.44 — 102nd Congress (1991-1992)All Information (Except Text)
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Introduced in House
HR 44 IH 102d 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 Veterans' Administration and to provide for the fair implementation of the cargo preference laws of the United States. IN THE HOUSE OF REPRESENTATIVES January 3, 1991 Mr. FIELDS (for himself, Mrs. BENTLEY, Mr. LENT, Mr. LAUGHLIN, Mr. SAXTON, Mr. STAGGERS, Mr. RHODES, Mr. GALLO, Mr. FEIGHAN, Mr. HUGHES, Mr. MILLER, Mr. RICHARDSON, and Mr. PICKETT) introduced the following bill; which was referred jointly to the Committees on Veterans' Affairs and Merchant Marine and Fisheries 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 Veterans' Administration and to provide for the fair implementation of the cargo preference laws of the United States. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE SECTION 1. This Act may be cited as the `Merchant Mariners Fairness Act of 1991'. SERVICE DEEMED TO BE ACTIVE MILITARY SERVICE SEC. 2. (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 member of the United States merchant marine, including a vessel crewmember of the U.S. Army Transport Service, who served the Armed Forces during World War II 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 member of the United States merchant marine 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. (c) QUALIFIED SERVICE DEFINED- For purposes of this Act, the term `qualified service' means service of a merchant mariner during the period beginning December 7, 1941, and ending December 31, 1946, performed while such mariner was-- (1) documented by an officer or employee of the United States authorized by law to do so; and (2) a crewmember of any vessel which at the time of such service was-- (A) documented in the United States, (B) operated under the flag of the United States in waters other than inland waters of the United States, and (C)(i) under contract or charter to, or (ii) property of, the Government of the United States. PROHIBITION OF RETROACTIVE BENEFITS SEC. 3. Benefits shall 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. PROCESSING FEES SEC. 4. (1) 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 for qualified service in the United States merchant marine. (2) APPLICATION- A fee established under this subsection shall apply to any application for a benefit (including for an increase in a benefit) for qualified service in the United States merchant marine, that is received after the date of the enactment of this Act by Secretary of the Department in which the Coast Guard is operating. (3) AMOUNT- The amount of a fee established under this subsection shall be $30. SEC. 5. CIVILIAN CARGO- Section 901(b) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1241(b)) is amended by inserting `, or any component or ingredient of such equipment, materials, or commodities' after `or commodities' each place it appears.