I 

108TH CONGRESS 

2D SESSION H. R. 3729

To amend title 46, United States Code, to provide a monthly monetary 

benefit to certain individuals who served in the United States merchant 

marine (including the Army Transport Service and the Naval Transport 

Service) during World War II. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 27, 2004

Mr. FILNER introduced the following bill; which was referred to the Committee on Veterans’ Affairs, and in addition to the Committee on Ways 

and Means, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend title 46, United States Code, to provide a monthly 

monetary benefit to certain individuals who served in 

the United States merchant marine (including the Army 

Transport Service and the Naval Transport Service) during World War II.

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 ‘‘Belated Thank You 

5 to the Merchant Mariners of World War II Act of 2004’’. 
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1 SEC. 2. BENEFITS FOR WORLD WAR II MERCHANT MARI2 NERS AND SURVIVORS. 

3 (a) MONTHLY BENEFIT.—Chapter 112 of title 46, 

4 United States Code, is amended—

5 (1) by inserting after the table of sections the 

6 following new subchapter heading: 

7 ‘‘SUBCHAPTER I—VETERANS’ BURIAL AND 

8 CEMETERY BENEFITS’’; 

9 and 

10 (2) by adding at the end the following new sub11 chapter: 

12 ‘‘SUBCHAPTER II—MONTHLY BENEFIT 

13 ‘‘§ 11205. Monthly benefit 

14 ‘‘(a) PAYMENT TO ELIGIBLE PERSONS.—The Sec15 retary of Veterans Affairs shall pay to each person eligible 

16 for benefits under section 11206 of this title a monthly 

17 benefit of $1,000. 

18 ‘‘(b) SURVIVING SPOUSES OF ELIGIBLE PERSONS.—

19 ‘‘(1) PAYMENT TO SURVIVING SPOUSES.—The 

20 Secretary of Veterans Affairs shall pay to the sur21 viving spouse of each person eligible for benefits 

22 under section 11206 of this title a monthly benefit 

23 of $1,000. 

24 ‘‘(2) EXCLUSION.—No benefit under this sub25 section shall be paid to a surviving spouse of a per26 son eligible for benefits under section 11206 of this 
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1 title unless such surviving spouse was married to 

2 such eligible person for no less than 1 year. 

3 ‘‘(c) CHILDREN OF ELIGIBLE PERSONS.—If there is 

4 no surviving spouse entitled to benefits under this section, 

5 the Secretary of Veterans Affairs shall pay to the children 

6 of each person eligible for benefits under section 11206 

7 of this title a monthly benefit of $1,000, equally divided. 

8 ‘‘(d) EXEMPTION FROM TAXATION.—Payments of 

9 benefits under this section are exempt from taxation as 

10 provided in section 5301(a) of title 38. 

11 ‘‘§ 11206. Eligibility for benefit 

12 ‘‘(a) ELIGIBLE PERSONS.—A person referred to in 

13 subsection (b) who has performed qualified service as spec14 ified under subsection (c) shall be eligible for benefits 

15 under section 11205(a) of this title. 

16 ‘‘(b) COVERED PERSONS.—Subsection (a) applies to 

17 a person who receives an honorable service certificate 

18 under section 11207 of this title. 

19 ‘‘(c) QUALIFIED SERVICE.—A person shall be consid20 ered to have engaged in qualified service if, between De21 cember 7, 1941, and December 31, 1946—

22 ‘‘(1) the person—

23 ‘‘(A) was a member of the United States 

24 merchant marine (including the Army Trans-
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1 port Service and the Naval Transport Service) 

2 serving as a crewmember of a vessel that was—

3 ‘‘(i) operated by the War Shipping 

4 Administration or the Office of Defense 

5 Transportation (or an agent of the Admin6 istration or Office); 

7 ‘‘(ii) operated in waters other than in8 land waters, the Great Lakes, and other 

9 lakes, bays, and harbors of the United 

10 States; 

11 ‘‘(iii) under contract or charter to, or 

12 property of, the Government of the United 

13 States; and 

14 ‘‘(iv) serving the Armed Forces; and 

15 ‘‘(B) while so serving, was licensed or oth16 erwise documented for service as a crewmember 

17 of such a vessel by an officer or employee of the 

18 United States authorized to license or document 

19 the person for such service; or 

20 ‘‘(2) while performing service under paragraph 

21 (1), the person was forcibly detained or interned by 

22 an enemy government or hostile force as a result of 

23 action against a vessel under paragraph (1)(A). 
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1 ‘‘§ 11207. Documentation of qualified service 

2 ‘‘(a) APPLICATION FOR SERVICE CERTIFICATE.—A 

3 person seeking benefits under section 11205 of this title 

4 shall submit an application for a service certificate to the 

5 Secretary of Transportation, or in the case of personnel 

6 of the Army Transport Service or the Naval Transport 

7 Service, the Secretary of Defense. 

8 ‘‘(b) ISSUANCE OF SERVICE CERTIFICATE.—The 

9 Secretary who receives an application under subsection (a) 

10 shall issue a certificate of honorable service to the appli11 cant if, as determined by that Secretary, the person en12 gaged in qualified service under section 11206(c) of this 

13 title. 

14 ‘‘(c) TIMING OF DOCUMENTATION.—A Secretary re15 ceiving an application under subsection (a) shall act on 

16 the application not later than 1 year after the date of that 

17 receipt. 

18 ‘‘(d) STANDARDS RELATING TO SERVICE.—In mak19 ing a determination under subsection (b), the Secretary 

20 acting on the application shall apply the same standards 

21 relating to the nature and duration of service that apply 

22 to the issuance of honorable discharges under section 

23 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 

24 U.S.C. 106 note). 
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1 ‘‘§ 11208. Definitions 

2 ‘‘In this subchapter, the terms ‘surviving spouse’ and 

3 ‘child’ have the meanings given those terms in paragraphs 

4 (3) and (4), respectively, of section 101 of title 38, except 

5 that in applying those meanings in this subchapter, the 

6 term ‘veteran’ shall include a person who performed quali7 fied service as specified in section 11206(c) of this title.’’. 

8 (b) CONFORMING AMENDMENTS.—Subsection (c) of 

9 section 11201 of title 46, United States Code, is amend10 ed—

11 (1) in paragraph (1), by striking ‘‘chapter’’ and 

12 inserting ‘‘subchapter’’; and 

13 (2) in paragraph (2), by striking ‘‘chapter’’ the 

14 second place it appears and inserting ‘‘subchapter’’. 

15 (c) CLERICAL AMENDMENTS.—The table of sections 

16 at the beginning of chapter 112 of title 46, United States 

17 Code, is amended—

18 (1) by inserting at the beginning the following 

19 new item:

‘‘SUBCHAPTER I—VETERANS’ BURIAL AND CEMETERY BENEFITS’’;

20 and 

21 (2) by adding at the end the following new 

22 items:

‘‘SUBCHAPTER II—MONTHLY BENEFIT

‘‘11205. Monthly benefit. 

‘‘11206. Eligibility for benefit. 
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‘‘11207. Documentation of qualified service. 

‘‘11208. Definitions.’’.

1 (d) EFFECTIVE DATE.—Section 11205 of title 46, 

2 United States Code, as added by subsection (a) of this 

3 section, shall take effect with respect to payments for peri4 ods beginning on or after the date of the enactment of 

5 this Act, regardless of the date of application for benefits. 

6 SEC. 3. AUTHORIZATION OF APPROPRIATION. 

7 There is authorized to be appropriated to the Depart8 ment of Veterans Affairs such sums as are necessary to 

9 carry out this Act.

Æ