79–006 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–99 

BELATED THANK YOU TO THE MERCHANT MARINERS OF 

WORLD WAR II ACT OF 2009 

MAY 7, 2009.—Committed to the Committee of the Whole House on the State of the 

Union and ordered to be printed 

Mr. FILNER, from the Committee on Veterans’ Affairs, 

submitted the following 

R E P O R T 

together with 

ADDITIONAL VIEWS 

[To accompany H.R. 23] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Veterans’ Affairs, to whom was referred the 

bill (H.R. 23) to amend title 38, United States Code, to direct the 

Secretary of Veterans Affairs to establish the Merchant Mariner 

Equity Compensation Fund to provide benefits 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, having considered the same, report favorably 

thereon with an amendment and recommend that the bill as 

amended do pass. 

CONTENTS 

Page 

Amendment .............................................................................................................. 2 

Purpose and Summary ............................................................................................ 3 

Background and Need for Legislation .................................................................... 3 

Committee Consideration ........................................................................................ 7 

Committee Votes ...................................................................................................... 7 

Committee Oversight Findings ............................................................................... 8 

Statement of General Performance Goals and Objectives .................................... 8 

New Budget Authority, Entitlement Authority, and Tax Expenditures ............. 8 

Earmarks and Tax and Tariff Benefits .................................................................. 8 

Committee Cost Estimate ....................................................................................... 8 


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Congressional Budget Office Estimate ................................................................... 8 

Federal Mandates Statement ................................................................................. 10 

Advisory Committee Statement .............................................................................. 10 

Constitutional Authority Statement ...................................................................... 10 

Applicability to Legislative Branch ........................................................................ 10 

Section-by-Section Analysis of the Legislation ...................................................... 10 

Changes in Existing Law Made by the Bill as Reported ...................................... 11 

Additional Views ...................................................................................................... 14 

AMENDMENT

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Belated Thank You to the Merchant Mariners of 

World War II Act of 2009’’. 

SEC. 2. PAYMENTS TO INDIVIDUALS WHO SERVED DURING WORLD WAR II IN THE UNITED 

STATES MERCHANT MARINE. 

(a) ESTABLISHMENT OF COMPENSATION FUND.—Subchapter II of chapter 5 of title 

38, United States Code, is amended by adding at the end the following new section: 

‘‘§ 533. Merchant Mariner Equity Compensation Fund 

‘‘(a) COMPENSATION FUND.—(1) There is in the general fund of the Treasury a 

fund to be known as the ‘Merchant Mariner Equity Compensation Fund’ (in this section referred to as the ‘compensation fund’). 

‘‘(2) Subject to the availability of appropriations for such purpose, amounts in the 

compensation fund shall be available to the Secretary without fiscal year limitation 

to make payments to eligible individuals in accordance with this section. 

‘‘(b) ELIGIBLE INDIVIDUALS.—(1) An eligible individual is an individual who— 

‘‘(A) during the one-year period beginning on the date of the enactment of the 

Belated Thank You to the Merchant Mariners of World War II Act of 2009, submits to the Secretary an application containing such information and assurances as the Secretary may require; 

‘‘(B) has not received benefits under the Servicemen’s Readjustment Act of 

1944 (Public Law 78–346); and 

‘‘(C) has engaged in qualified service. 

‘‘(2) For purposes of paragraph (1), a person has engaged in qualified service if, 

between December 7, 1941, and December 31, 1946, the person— 

‘‘(A) was a member of the United States merchant marine (including the 

Army Transport Service and the Naval Transport Service) serving as a crewmember of a vessel that was— 

‘‘(i) operated by the War Shipping Administration or the Office of Defense 

Transportation (or an agent of the Administration or Office); 

‘‘(ii) operated in waters other than inland waters, the Great Lakes, and 

other lakes, bays, and harbors 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; and 

‘‘(B) while so serving, was licensed or otherwise documented for service as a 

crewmember of such a vessel by an officer or employee of the United States authorized to license or document the person for such service. 

‘‘(c) AMOUNT OF PAYMENTS.—The Secretary shall make a monthly payment out of 

the compensation fund in the amount of $1,000 to an eligible individual. The Secretary shall make such payments to eligible individuals in the order in which the 

Secretary receives the applications of the eligible individuals. 

‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated to the compensation fund amounts as follows: 

‘‘(A) For fiscal year 2010, $120,000,000. 

‘‘(B) For fiscal year 2011, $108,000,000. 

‘‘(C) For fiscal year 2012, $97,000,000. 

‘‘(D) For fiscal year 2013, $85,000,000. 

‘‘(E) For fiscal year 2014, $75,000,000. 

‘‘(2) Funds appropriated to carry out this section shall remain available until expended. 

‘‘(e) REPORTS.—The Secretary shall include, in documents submitted to Congress 

by the Secretary in support of the President’s budget for each fiscal year, detailed 

information on the operation of the compensation fund, including the number of apVerDate Nov 24 2008 04:31 May 08, 2009 Jkt 079006 PO 00000 Frm 00002 Fmt 6659 Sfmt 6621 E:\HR\OC\HR099.XXX HR099

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plicants, the number of eligible individuals receiving benefits, the amounts paid out 

of the compensation fund, the administration of the compensation fund, and an estimate of the amounts necessary to fully fund the compensation fund for that fiscal 

year and each of the three subsequent fiscal years. 

‘‘(f) REGULATIONS.—The Secretary shall prescribe regulations to carry out this section.’’. 

(b) REGULATIONS.—Not later than 180 days after the date of the enactment of this 

Act, the Secretary shall prescribe the regulations required under section 532(f) of 

title 38, United States Code, as added by subsection (a). 

(c) CLERICAL AMENDMENT.—The table of sections at the beginning of such chapter 

is amended by inserting after the item related to section 532 the following new item: 

‘‘533. Merchant Mariner Equity Compensation Fund.’’. 

PURPOSE AND SUMMARY

H.R. 23 was introduced on January 6, 2009, by Representative 

Bob Filner of California, Chairman of the Committee on Veterans’ 

Affairs. H.R. 23, as amended, would establish the Merchant Mariner Equity Compensation Fund to provide benefits, subject to the 

availability of appropriations, 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. 

H.R. 23, as amended, would direct the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to qualifying honorably-discharged individuals of the United States merchant marine (including members of the Army Transport Service and the Naval Transport Service) who served between December 7, 1941, and December 

31, 1946. 

BACKGROUND AND NEED FOR LEGISLATION

The merchant marine was the nation’s first navy and assisted 

the Continental Army in defeating the British during the Revolutionary War. Since 1775, the merchant marine has served in peace 

and in every war. After the terrorist attacks of September 11, 2001, 

29 merchant marine academy students operated a fleet of boats in 

New York Harbor, transporting firefighters and other emergency 

equipment workers, medical supplies and food. Today, more than 

8,000 mariners serve in the Military Sealift Command, most of 

them working in support of Operation Iraqi Freedom. The merchant mariners are also recognized at the World War II Memorial. 

The United States Merchant Marine Academy is the only one of 

our five military academies that sends its cadets into war—142 of 

these cadets perished during WWII. Current estimates of the surviving merchant mariners of WWII range from 10,000 to 16,000. 

The Committee adopted the 10,000 figure. 

The merchant mariners of World War II were a volunteer, civilian military corps that served honorably in combat during the war, 

but were denied veterans’ benefits for their service until 1988 after 

a successful court challenge. By most reports, the World War II 

merchant marine suffered the greatest casualties of any of the 

fighting branches—with nearly one-in-26 dying in battle. By comparison, the death rate for the U.S. Marine Corps was one-in-33, 

in the Army, one-in-48, in the Navy, one-in-114, and in the Coast 

Guard one-in-421. Before the Japanese attack on Pearl Harbor, 

more than 240 mariners had already perished. 


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Historical analysis 

In 1936, the Merchant Marine Act was enacted (Public Law 74– 

835) to rebuild our nation’s merchant marine which had decreased 

significantly after World War I. Title I of the Merchant Marine Act 

stated as a ‘‘Declaration of Policy’’ that the United States ‘‘shall 

have a merchant marine * * * capable of serving as a naval and 

military auxiliary in time of war or national emergency[.]’’ Also in 

1936, President Roosevelt created the U.S. Maritime Commission 

to oversee the rebuilding of this fleet. The U.S. Maritime Service 

(USMS), the training arm established in 1938, built up the number 

of merchant mariners from the pre-war strength of 55,000 to 

250,000 men at the end of World War II. In addition, President 

Roosevelt established maritime training facilities; the first at 

Sheepshead Bay, New York, and also in 1942, the United States 

Merchant Marine Academy at Kings Point, New York. These facilities trained well over 150,000 mariners. In February 1942, the U.S. 

War Shipping Administration (WSA), as an emergency wartime 

agency, took control of the purchasing, chartering, requisition and 

operation of commercial shipping vessels. Generally, only the dayto-day operations were the responsibility of the private shipping 

lines. As emergency construction began to replace wartime losses, 

the new ships were allocated among the private companies. The 

companies were paid fixed fees in addition to the charter rates for 

their ships. The WSA assumed all operating responsibilities and insurance liability for war-risk losses. 

With the quick buildup of the Liberty ship cargo fleet, the country desperately needed people to man them. The merchant marine 

fleet rapidly grew from a few hundred to thousands of ships. A Liberty ship was considered successful if it made one voyage with war 

materiel. These ships were produced with amazing speed, most 

within eight weeks, some in as short as a week. They were not 

meant to be indispensable. Because of their bulkiness, they were 

also very slow and became easy targets for enemy air and water 

attacks. The U.S. plan became to build the ships faster than the 

enemy could sink them. 

The WSA played an active role in the recruitment and training 

of World War II merchant mariners. As the parent agency, it organized three subsidiary units to deal with manpower issues: the Recruitment and Manning Organization; the Training Organization; 

and, the Maritime Labor Relations Organizations. Many of the 

mariners belonged to a union and were covered by collective bargaining agreements with the private shipping companies. This relationship was completely reorganized by the WSA in 1942 and various agreements were reached to maintain existing arrangements. 

While at war, the WSA, through the Maritime Labor Relations Organizations, worked with both the operators and unions in establishing a uniform scale and working conditions aboard WSA ships. 

Merchant mariners of World War II were recruited, trained in gunnery, and received health care treatment, life insurance and compensation (although indirectly) from the Federal government. 

Throughout World War II, all merchant mariners were under the 

auspices and control of the WSA. 

Thirty-seven official government USMS recruiting offices were 

established around the country with many offices located next to 

Navy and Coast Guard offices. Merchant mariners were not subject 


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to the draft as long as they did not leave the service of any ship 

for longer than 30 days. According to testimony presented during 

the full Committee hearing on H.R. 23, in the 110th Congress, 

many of these men were steered from the uniformed branches and 

ordered to join the merchant marine because, reportedly, they were 

told by recruiters ‘‘that’s where our country needs you.’’ The merchant marine worked some of the most perilous jobs during the war 

and their ships and crews were on the front lines of battle. Compared to the large number of men and women serving in World 

War II, the numbers of the merchant marine were small, but their 

chance of dying during service was extremely high, as it took anywhere from eight to 15 tons of supplies to support one soldier for 

one year at the front. 

On December 29, 1940, President Roosevelt delivered his ‘‘Arsenal of Democracy’’ speech, indicating that he would deploy ships 

with supplies to help Great Britain. In 1941, Germany, in an attempt to isolate supplies to England, deployed its U-boats to the 

Atlantic. The U-boats, singly and in ‘‘wolf packs,’’ sank or damaged 

many ships crossing the Atlantic with supplies, but also found 

prime targets in the ships off the U.S. Coast from Maine to Florida, 

where merchant marine ships operated without military escort or 

convoy. Germany was also successful in curtailing merchant marine ships bringing petroleum and supplies through the Caribbean 

Sea and the Gulf of Mexico. In the first six months of 1942, German U-boats sank more than 400 merchant marine ships, more 

ships than had been built. Between 1941 and 1944, enemy forces 

sank more than 800 ships. About 600 mariners were prisoners of 

war and another 11,000 were injured. 

With regard to pay, the average merchant mariner was paid on 

par with average Navy seaman as confirmed by Navy reports. Unlike the other servicemembers, merchant mariners were only paid 

when they were working on a ship. They received no vacation, sick 

or dock pay, and were not paid when their ships were torpedoed 

and sank, when they were on life boats, when injured, maimed, or 

when they became POWs. They were also subject to income tax and 

Victory Tax, from which the uniformed branches were exempt. 

Most families received just $5,000 from the WSA when the mariner 

died in combat. Merchant mariners were also eligible for bonuses, 

but evidence indicates that during the war these were inconsistent 

and intermittent. According to the Congressional Research Service 

in a report entitled ‘‘Veterans Benefits: Merchant Seaman’’ dated 

May 8, 2007, the issue of pay comparability is ‘‘extremely difficult’’ 

to sort out. 

After the War 

On June 22, 1944, President Roosevelt signed into public law the 

Servicemen’s Readjustment Act of 1944 (Public Law 78–346). This 

act, commonly known as the ‘‘GI Bill’’ or ‘‘GI Bill of Rights’’ gave 

members of the Armed Forces who served at least 90 days anywhere geographically between December 7, 1941, and December 31, 

1946, unemployment benefits, unprecedented education assistance, 

VA health care and counseling, housing and small business loans 

as well. The vast and enduring positive socio-economic effects of 

this final piece of New Deal legislation are widely touted. It is reported by many scholars that passage of this bill contributed to the 


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1Schumacher, Willner et al. v. Secretary of the Air Force Edward C. Aldridge, Jr., 665 F. 

Supp. 41 (D.D.C. 1987). 

country’s ability to avoid a post-war depression, to expand the 

reach of higher education, and to build the middle class. When 

signing the GI Bill, President Roosevelt stated ‘‘I trust that Congress will soon provide similar opportunities to members of the 

merchant marine who have risked their lives time and time again 

during war for the welfare of their country.’’ 

Efforts in Congress to extend the benefits of the 1944 GI Bill of 

Rights, primarily through the Merchant Mariner Readjustment Act 

(H.R. 2346, 79th Congress), failed in Committee, due mostly to 

pressure and opposition from the uniformed branches and the veterans service organizations. As a result, the merchant mariners of 

World War II did not receive any of the benefits of the 1944 GI 

Bill. 

The effort to attain veteran status resurfaced after many years 

of denial by the Civilian Military Service Review Board (that determined active duty services for the purposes of veterans benefits), 

when in 1988, three merchant mariners including Stanley Willner, 

who testified during the full Committee hearing held during the 

110th Congress on April 18, 2007, successfully sued for veteran status for the merchant mariners of World War II.1 Accordingly, on 

January 19, 1988, in adherence to the Schumacher decision, the 

merchant mariners who served between December 7, 1941, and August 15, 1945, attained veteran status. At that point, over 40 years 

later, the education benefits had expired and over 125,000 merchant mariners had died. 

The Secretary of the Air Force, who headed the Civilian Military 

Service Review Board, established the cut-off date for qualifying 

service of merchant mariners as August 15, 1945, although the official end of the war was December 31, 1946, for members of the 

Armed Forces. This move denied a few thousand mariners veteran’s benefits. In 1998, President William J. Clinton signed into 

law the ‘‘Veterans Programs Enhancement Act of 1998’’ (Public 

Law 105–368) that gave mariners who served from August 15, 

1945, to December 31, 1946, limited veterans benefits. However, 

these men received certificates, not honorable discharges, and their 

service is not considered active duty for the purposes of receipt of 

VA benefits. 

H.R. 23 seeks to rectify the lost benefits sustained by all of the 

merchant mariners of World War II, who served from December 7, 

1941, through December 31, 1946, by providing a $1,000 monthly 

payment, subject to the availability of appropriations, to qualifying 

living merchant mariners (including qualifying individuals of the 

Army Transport and Naval Transportation Service who were civilian sealift personnel), subject to the availability of appropriations. 

HEARINGS

No hearings were held on H.R. 23 in the 111th Congress. A hearing was held in the 110th Congress pursuant to reporting similar 

legislation to the House of Representatives where that measure 

was agreed to on July 30, 2007, by voice vote. 


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COMMITTEE CONSIDERATION

On May 6, 2009, the full Committee met in an open markup session, a quorum being present, and ordered H.R. 23, as amended, 

reported favorably to the House of Representatives, by voice vote. 

During consideration of the bill the following amendments were 

considered: 

An amendment in the nature of a substitute, offered by Mr. Filner of California to make certain technical changes to H.R. 23, as 

introduced, was agreed to by voice vote. 

An amendment by Mr. Buyer of Indiana to the amendment in 

the nature of a substitute to change the name of the compensation 

fund and to include, for purposes of compensation, individuals 

whose service has been determined to have been active duty service 

pursuant to section 1401 of the GI Bill improvement Act of 1977 

was not agreed to by a record vote. 

COMMITTEE VOTES

Clause 3(b) of rule XIII of the Rules of the House of Representatives requires the Committee to list the record votes on the motion 

to report the legislation and amendments thereto. An amendment 

in the nature of a substitute offered by Mr. Filner was agreed to 

by voice vote. A motion by Mr. Teague of New Mexico to order H.R. 

23, as amended, reported favorably to the House of Representatives 

was agreed to by voice vote. 

An amendment by Mr. Buyer of Indiana was not agreed to by a 

record vote of 14 yeas and 15 nays. The names of Members voting 

for and against follow: 

NAME YEA NAY PRESENT 

Mr. Filner ....................................................................................................................................... ........... X 

Mr. Buyer ....................................................................................................................................... X 

Ms. Brown ..................................................................................................................................... ........... X 

Mr. Stearns ................................................................................................................................... X 

Mr. Snyder ..................................................................................................................................... X 

Mr. Moran ...................................................................................................................................... X 

Mr. Michaud .................................................................................................................................. ........... X 

Mr. Brown ...................................................................................................................................... X 

Ms. Herseth Sandlin ..................................................................................................................... X 

Mr. Miller ....................................................................................................................................... X 

Mr. Mitchell ................................................................................................................................... ........... X 

Mr. Boozman ................................................................................................................................. X 

Mr. Hall ......................................................................................................................................... ........... X 

Mr. Bilbray .................................................................................................................................... X 

Mrs. Halvorson .............................................................................................................................. ........... X 

Mr. Lamborn .................................................................................................................................. X 

Mr. Perriello ................................................................................................................................... ........... X 

Mr. Bilirakis .................................................................................................................................. X 

Mr. Teague .................................................................................................................................... ........... X 

Mr. Buchanan ............................................................................................................................... X 

Mr. Rodriguez ................................................................................................................................ ........... X 

Mr. Roe .......................................................................................................................................... X 

Mr. Donnelly .................................................................................................................................. X 

Mr. McNerney ................................................................................................................................ ........... X 

Mr. Space ...................................................................................................................................... ........... X 

Mr. Walz ........................................................................................................................................ ........... X 

Mr. Adler ....................................................................................................................................... ........... X 

Mrs. Kirkpatrick ............................................................................................................................. ........... X 

Mr. Nye .......................................................................................................................................... X 

Total ..................................................................................................................................... 14 15 


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COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII and clause (2)(b)(1) 

of rule X of the Rules of the House of Representatives, the Committee’s oversight findings and recommendations are reflected in the 

descriptive portions of this report. 

STATEMENT OF GENERAL PERFORMANCE GOALS AND OBJECTIVES

In accordance with clause 3(c)(4) of rule XIII of the Rules of the 

House of Representatives, the Committee’s performance goals and 

objectives are reflected in the descriptive portions of this report. 

NEW BUDGET AUTHORITY, ENTITLEMENT AUTHORITY, AND TAX

EXPENDITURES

In compliance with clause 3(c)(2) of rule XIII of the Rules of the 

House of Representatives, the Committee adopts as its own the estimate of new budget authority, entitlement authority, or tax expenditures or revenues contained in the cost estimate prepared by 

the Director of the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974. 

EARMARKS AND TAX AND TARIFF BENEFITS

H.R. 23 does not contain any congressional earmarks, limited tax 

benefits, or limited tariff benefits as defined in clause 9(d), 9(e), or 

9(f) of rule XXI of the Rules of the House of Representatives. 

COMMITTEE COST ESTIMATE

The Committee adopts as its own the cost estimate on H.R. 23 

prepared by the Director of the Congressional Budget Office pursuant to section 402 of the Congressional Budget Act of 1974. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

Pursuant to clause 3(c)(3) of rule XIII of the Rules of the House 

of Representatives, the following is the cost estimate for H.R. 23 

provided by the Congressional Budget Office pursuant to section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, May 7, 2009. 

Hon. BOB FILNER, 

Chairman, Committee on Veterans’ Affairs, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 23, the Belated Thank 

You to the Merchant Mariners of World War II Act of 2009. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Dwayne M. Wright. 

Sincerely, 

PETER H. FONTAINE

(For Douglas W. Elmendorf, Director). 

Enclosure. 


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H.R. 23—Belated Thank You to the Merchant Mariners of World 

War II Act of 2009 

Summary: H.R. 23 would make certain individuals who served as 

merchant mariners for the United States during World War II eligible for a monthly payment from the Department of Veterans Affairs (VA) and would require VA to prepare an annual report on 

the status of the new benefit program. CBO estimates that implementing H.R. 23 would cost $113 million in 2010 and $438 million 

over the 2010–2014 period, assuming appropriation of the authorized amounts. Enacting the bill would not affect direct spending or 

receipts. 

H.R. 23 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would not affect the budgets of state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of H.R. 23 is shown in the following table. The costs 

of this legislation fall within budget function 700 (veterans’ benefits 

and services). 

By fiscal year, in millions of dollars— 

2010 2011 2012 2013 2014 2010– 

2014 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 120 108 97 85 75 485 

Estimated Outlays ........................................................................ 113 99 87 75 64 438 

For this estimate, CBO assumes that H.R. 23 will be enacted 

near the beginning of fiscal year 2010 and that the specified 

amounts will be appropriated near the start of each fiscal year. 

Basis of estimate: H.R. 23 would entitle certain individuals who 

served with the U.S. Merchant Marine during World War II to a 

monthly benefit of $1,000, subject to the availability of funds provided for that purpose. To be eligible for the benefit, individuals 

would need to apply within a year of the bill’s enactment and demonstrate that they served as a merchant marine between December 

7, 1941, and December 31, 1946, on a vessel that was: 

• Operated by the War Shipping Administration or the Office of Defense Transportation; 

• Operated in waters other than inland waters, the Great 

Lakes, and other lakes, bays, and harbors of the United States; 

• Under contract or charter to, or property of the government of the United States; and 

• Serving the armed forces. 

H.R. 23 would establish the Merchant Mariner Equity Compensation Fund. Amounts in the fund would be used to pay the 

monthly benefit to eligible individuals, on a first-come, first-served 

basis. The bill would specifically authorize the appropriation for 

each year as shown in the table. 

Based on information from VA on the number of merchant mariners that served during the specified period, their average age, and 

on mortality rates from the Department of Defense (DoD), CBO estimates that, in 2010, about 38,000 merchant mariners would have 

the requisite service to qualify for the benefit. We estimate that 

one-quarter of them, about 9,500, would apply for the benefit. The 


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amounts authorized in H.R. 23 would allow 10,000 merchant mariners to receive the monthly benefit in 2010. Therefore, CBO estimates that all of the applicants would receive the full benefit in 

2010, assuming the authorized amount is appropriated. 

Using the DoD mortality rates, CBO estimates that the amounts 

authorized for 2011 through 2014, if appropriated, would be sufficient to continue providing monthly payments to surviving beneficiaries. 

Intergovernmental and private-sector impact: H.R. 23 contains 

no intergovernmental or private-sector mandates as defined in 

UMRA and would not affect the budgets of state, local, or tribal 

governments. 

Estimate prepared by: Federal costs: Dwayne M. Wright; Impact 

on state, local, and tribal governments: Lisa Ramirez-Branum; Impact on the private sector: Elizabeth Bass. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

FEDERAL MANDATES STATEMENT

The Committee adopts as its own the estimate of Federal mandates regarding H.R. 23 prepared by the Director of the Congressional Budget Office pursuant to section 423 of the Unfunded Mandates Reform Act. 

ADVISORY COMMITTEE STATEMENT

No advisory committees within the meaning of section 5(b) of the 

Federal Advisory Committee Act would be created by H.R. 23. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds that the Constitutional authority for H.R. 23 is provided by Article I, section 8 of the Constitution of the United States. 

APPLICABILITY TO LEGISLATIVE BRANCH

The Committee finds that the legislation does not relate to the 

terms and conditions of employment or access to public services or 

accommodations within the meaning of section 102(b)(3) of the Congressional Accountability Act. 

SECTION-BY-SECTION ANALYSIS OF THE LEGISLATION

Section 1. Short title 

Section 1 would provide the short title of H.R. 23 as the ‘‘Belated 

Thank You to the Merchant Mariners of World War II Act of 2009.’’ 

Section 2. Payments to individuals who served during World War 

II in the United States merchant marine 

This section allows for payments to individuals who served during World War II in the United States merchant marine. 

This section, by addition of a new section 533, would amend subchapter II of chapter 5 of title 38, United States Code, to establish 

a Merchant Mariner Equity Compensation Fund (compensation 

fund) in the general fund of the Treasury. 


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This new section would make funds in the compensation fund, 

which are subject to the availability of appropriations, available to 

the Secretary of the VA to distribute payments to eligible individuals without fiscal year limitation. 

Subsection (b) of this new section would require eligible individuals to submit applications with such information and assurances 

as the VA may require within one year of enactment, and would 

make ineligible those individuals who received benefits under the 

Servicemen’s Readjustment Act of 1944 (P.L. 78–346). 

In addition, subsection (b) would require the Secretary to recognize the qualifying service of those who served in the United States 

merchant marine (including the Army Transport Service and the 

Naval Transport Service) during the period of December 7, 1941, 

and December 31, 1946. An individual has engaged in qualifying 

service if between December 7, 1941, and December 31, 1946, the 

eligible individual was a member of the United States merchant 

marine (including the Army Transport Service and the Naval 

Transport Service) serving as a crewmember of a vessel that was 

operated by the War Shipping Administration or the Office of Defense Transportation (or an agent of the Administration or Office); 

operated in waters other than inland waters, the Great Lakes, and 

other lakes, bays, and harbors of the United States; under contract 

or charter to, or property of, the Government of the United States; 

serving the Armed Forces; and, while so serving, was licensed or 

otherwise documented for service as a crewmember of such a vessel 

by an officer or employee of the United States authorized to license 

or document the person for service. 

New subsection (c) would require the Secretary to make a monthly payment of $1,000 out of the compensation fund to eligible individuals in the order of receipt of applications. 

New subsection (d) would authorize appropriations in the 

amount of $120 million in FY 2010; $108 million in FY 2011; $97 

million in FY 2012; $85 million in FY 2013; and $75 million in FY 

2014. This new subsection would also authorize that funds appropriated under this new section remain available until expended. 

New subsection (e) would require the Secretary to submit a report to Congress with the President’s budget for each fiscal year to 

contain information about the operation of the compensation fund, 

including the number of applicants, the number of eligible individuals receiving benefits, the amounts paid out of and administration 

of the compensation fund and an estimate of necessary amounts to 

fully fund the compensation fund for that fiscal year and each of 

the three subsequent fiscal years. 

New subsection (f) would require the Secretary to issue regulations 180 days after the date of enactment. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 


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TITLE 38, UNITED STATES CODE 

* * * * * * * 

PART I—GENERAL PROVISIONS 

* * * * * * * 

CHAPTER 5—AUTHORITY AND DUTIES OF THE 

SECRETARY 

SUBCHAPTER I—GENERAL AUTHORITIES 

Sec. 

501. Rules and regulations. 

* * * * * * * 

SUBCHAPTER II—SPECIFIED FUNCTIONS 

* * * * * * * 

533. Merchant Mariner Equity Compensation Fund. 

* * * * * * * 

SUBCHAPTER II—SPECIFIED FUNCTIONS 

* * * * * * * 

§ 533. Merchant Mariner Equity Compensation Fund 

(a) COMPENSATION FUND.—(1) There is in the general fund of the 

Treasury a fund to be known as the ‘‘Merchant Mariner Equity 

Compensation Fund’’ (in this section referred to as the ‘‘compensation fund’’). 

(2) Subject to the availability of appropriations for such purpose, 

amounts in the compensation fund shall be available to the Secretary without fiscal year limitation to make payments to eligible individuals in accordance with this section. 

(b) ELIGIBLE INDIVIDUALS.—(1) An eligible individual is an individual who— 

(A) during the one-year period beginning on the date of the 

enactment of the Belated Thank You to the Merchant Mariners 

of World War II Act of 2009, submits to the Secretary an application containing such information and assurances as the Secretary may require; 

(B) has not received benefits under the Servicemen’s Readjustment Act of 1944 (Public Law 78–346); and 

(C) has engaged in qualified service. 

(2) For purposes of paragraph (1), a person has engaged in qualified service if, between December 7, 1941, and December 31, 1946, 

the person— 

(A) was a member of the United States merchant marine (including the Army Transport Service and the Naval Transport 

Service) serving as a crewmember of a vessel that was— 

(i) operated by the War Shipping Administration or the 

Office of Defense Transportation (or an agent of the Administration or Office); 

(ii) operated in waters other than inland waters, the 

Great Lakes, and other lakes, bays, and harbors of the 

United States; 


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(iii) under contract or charter to, or property of, the Government of the United States; and 

(iv) serving the Armed Forces; and 

(B) while so serving, was licensed or otherwise documented 

for service as a crewmember of such a vessel by an officer or 

employee of the United States authorized to license or document 

the person for such service. 

(c) AMOUNT OF PAYMENTS.—The Secretary shall make a monthly payment out of the compensation fund in the amount of $1,000 to 

an eligible individual. The Secretary shall make such payments to 

eligible individuals in the order in which the Secretary receives the 

applications of the eligible individuals. 

(d) AUTHORIZATION OF APPROPRIATIONS.—(1) There are authorized to be appropriated to the compensation fund amounts as follows: 

(A) For fiscal year 2010, $120,000,000. 

(B) For fiscal year 2011, $108,000,000. 

(C) For fiscal year 2012, $97,000,000. 

(D) For fiscal year 2013, $85,000,000. 

(E) For fiscal year 2014, $75,000,000. 

(2) Funds appropriated to carry out this section shall remain 

available until expended. 

(e) REPORTS.—The Secretary shall include, in documents submitted to Congress by the Secretary in support of the President’s 

budget for each fiscal year, detailed information on the operation of 

the compensation fund, including the number of applicants, the 

number of eligible individuals receiving benefits, the amounts paid 

out of the compensation fund, the administration of the compensation fund, and an estimate of the amounts necessary to fully fund 

the compensation fund for that fiscal year and each of the three subsequent fiscal years. 

(f) REGULATIONS.—The Secretary shall prescribe regulations to 

carry out this section. 

* * * * * * * 


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ADDITIONAL VIEWS OF HONORABLE STEVE BUYER 

I continue to have reservations regarding this legislation. H.R. 

23, as amended, is similar to legislation passed by the House in the 

110th Congress. I believe that H.R. 23, as amended, would set a 

poor precedent by awarding a $1,000 monthly payment to World 

War II Merchant Mariners. The authorization described in the bill 

has no requirement for the Merchant Mariner to have a disability 

or suffer from financial hardship. Currently, the only veterans authorized to receive a service pension are Medal of Honor recipients. 

Not even former Prisoners of War receive such a pension. 

Whether or not to grant an unprecedented new service pension 

to World War II Merchant Mariners is not a question of bravery 

or contributions to victory over the Axis in 1945. Those questions 

have long been settled to the resounding credit of the mariners who 

braved unspeakable dangers to transport cargo that kept the Atlantic Alliance alive and fighting. 

Most Merchant Mariners serving during World War II were 

given veteran status under a system established by Congress in the 

G.I. Bill Improvement Act of 1977, Public Law 95–202. This process 

determined if civilian groups of World War II, like most Merchant 

Mariners, should receive veteran status based on their service during the war. This means that most of these World War II Merchant 

Mariners are veterans and qualify for all Department of Veterans 

Affairs (VA) benefits and services including healthcare. 

An objective and carefully researched report on the contributions 

of Merchant Mariners during World War II, and post-war benefits 

for which they were, eligible can be found in the Congressional Research Service Report for Congress, Veterans Benefits: Merchant 

Seamen, May 8, 2007 (Order Code: RL33992: http:// 

www.congress.gov/erp/rl/pdf/RL33992.pdf), by Christine Scott and 

Douglas Reid Weimer. 

Twenty eight other groups that provided military-related service 

to the U.S. in World War II have received veteran status in the 

same manner as the Merchant Mariners. However, this bill ignores 

their service to the nation; it focuses only on the service provided 

by Merchant Mariners who served during that same period. These 

groups include the Women’s Air Force Service Pilots, the Women’s 

Army Auxiliary Corps, the American Volunteer Group know as 

‘‘The Flying Tigers’’ and many others who gained their status decades after their service. They served loyally, selflessly, and courageously. Their service contributed directly to victory in 1945. Yet 

this bill does nothing for them. 

During the full Committee markup of H.R. 23, I offered an 

amendment that would include these groups, which was defeated 

by a vote of 14 to 15. I have attached a list of the other veteran 

groups that received veteran status under Public Law 95–202. 


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I also find the funding mechanism for this bill to be of concern. 

When this bill was introduced in previous Congresses, it was determined that because the benefit was an entitlement, it was subject 

to PAYGO offset requirements. However, the current bill uses a 

compensation fund to turn this entitlement into discretionary 

spending. This side-steps budget rules and places an unnecessary 

burden on the Appropriations Committees. 

There is no current appropriations measure that would fund this 

benefit. The Committee on Veterans’ Affairs, which is unable to 

identify the necessary PAYGO offsets to fund this benefit, is simply 

passing the buck to the Appropriations Committee. I do not believe 

this is a fiscally sound way to legislate. Further, if insufficient 

funds were to be appropriated, only some Merchant Mariners 

would receive the benefit, while others would not. 

I believe this legislation, though well-meaning, does not make 

the best use of taxpayer dollars, and I fear that it will have unintended consequences for future Congresses. 

WORLD WAR II SERVICE BY PARTICULAR GROUPS

A number of groups who provided military-related service to the 

United States can receive VA benefits. A discharge by the Secretary of Defense is needed to qualify. Service in the following 

groups has been certified as active military service for benefits purposes: 

RECOGNIZED GROUPS UNDER PUBLIC LAW 95–202 

Date of 

recognition Recognized group 

1 8 Mar 79 ............................ Women’s Air Force Service Pilots (WASPs) (WWII). 

2 18 Mar 80 .......................... Women’s Army Auxiliary Corps (WAAC) (WWII). 

3 22 Jan 81 ........................... Civilian Employees, Pacific Naval Air Bases, Who Actively Participated in the Defense of Wake Island during WWII. 

4 17 Jul 81 ............................ Male Civilian Ferry Pilots (WWII). 

5 7 Apr 82 ............................. Wake Island defenders from Guam (WWII). 

6 27 Dec 82 ........................... Civilian Personnel Assigned to the Secret Intelligence Element of the OSS (WWII). 

7 10 May 83 .......................... Guam Combat Patrol (WWII). 

8 7 Feb 84 ............................. Quartermaster Corps Keswick Crew on Corregidor (WWII). 

9 7 Feb 84 ............................. U.S. Civilian Volunteers Who Actively Participated in the Defense of Bataan (WWII). 

10 18 Oct 85 ........................... U.S. Merchant Seamen Who Served on Blockships in Support of Operation Mulberry 

in the World War II invasion of Normandy (WWII). 

11 19 Jan 88 ........................... American Merchant Marine in Oceangoing Service during the Period of Armed Conflict, December 7, 1941 to August 15, 1945 (WWII). 

12 2 Aug 88 ............................ Civilian U.S. Navy IFF Technicians Who Served in the Combat Areas of the Pacific 

during World War II (December 7, 1941 to August 15, 1945) (WWII). 

13 30 Aug 90 .......................... U.S. Civilians of the American Field Service (AFS) Who Served Overseas Under U.S. 

Armies and U.S. Army Groups in World War II During the Period December 7, 

1941 through May 8, 1945 (WWII). 

14 5 Oct 90 ............................. U.S. Civilian Flight Crew and Aviation Ground Support Employees of American Airlines Who Served Overseas as a result of American Airlines’ Contract with Air 

Transport Command during the Period December 14, 1941 through August 14, 

1945 (WWII). 

15 8 Apr 91 ............................. Civilian Crewmen of the United States Coast and Geodetic Survey vessels who performed their service in areas of immediate military hazard while conducting cooperative operations with and for the United States Armed Forces within a time 

frame of December 7, 1941 to August 15, 1945 (WWII) (Qualifying vessels are: 

the Derickson, Explorer, Gilber, Hilgard, E. Lester Jones, Lydonia Patton, Surveyor, Wainwright, Westdahl, Oceanographer, Hydrographer and Pathfinder). 

16 3 May 91 ............................ Honorably Discharged Members of the American Volunteer Group (Flying Tigers) 

Who Served During the Period December 7, 1941 to July 18, 1942 (WWII). 


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RECOGNIZED GROUPS UNDER PUBLIC LAW 95–202—Continued 

Date of 

recognition Recognized group 

17 12 May 92 .......................... U.S. Civilian Flight Crew and Aviation Ground Support Employees of United Air 

Lines (UAL), Who Served Overseas as a Result of UAL’s Contract With the Air 

Transport Command During the Period December 14, 1941 through August 14, 

1945 (WWII). 

18 12 May 92 .......................... U.S. Civilian Flight Crew and Aviation Ground Support Employees of Transcontinental and Western Air (TWA), Inc., Who Served Overseas as a Result of 

TWA’s Contract with the Air Transport Command during the Period December 

14, 1941 through August 14, 1945 (WWII). 

19 29 Jun 92 ........................... U.S. Civilian Flight Crew and Aviation Ground Support Employees of Consolidated 

Vultee Aircraft Corporation (Convair Division), Who Served Overseas as a Result 

of a Contract with the Air Transport Command during the Period (WWII) U.S. Civilian Flight Crew and Aviation Ground Support during the Period December 7, 

1941 through August 14, 1945 (WWII). 

20 17 Jul 92 ............................ U.S. Civilian Flight Crew and Aviation Ground Support Employees of Pan American 

World Airways and its subsidiaries and affiliates, Who Served Overseas as a 

Result of Pan American’s Contract with the Air Transport Command and Naval 

Air Transport Service during the Period December 14, 1941 through August 14, 

1945 (WWII). 

21 29 Jun 92 ........................... Honorably Discharged Members of the American Volunteer Guard, Eritrea Service 

Command during the Period June 21, 1942 to March 31, 1943 (WWII). 

22 13 Dec 93 ........................... U.S. Civilian Flight Crew and Aviation Ground Support Employees of Northwest Airlines, Who Served Overseas as a Result of Northwest Airline’s Contract with the 

Air Transport Command during the Period December 14, 1941 through August 

14, 1945 (WWII). 

23 13 Dec 93 ........................... U.S. Civilian Female Employees of the U.S. Army Nurse Corps While Serving in the 

Defense of Bataan and Corregidor During the Period January 2, 1942 to June 

12, 1945 (WWII). 

24 2 Jun 97 ............................. U.S. Civilian Flight Crew and Aviation Ground Support Employees of Northeast Airlines Atlantic Division, who served overseas in the result Northeast Airlines’ 

contract with the Air Transport Command during the Period December 7, 1941, 

to August 14, 1945 (WWII). 

25 2 Jun 97 ............................. U.S. Civilian Flight Crew and Aviation Ground Support Employees of Braniff Airways, who served overseas in the North Atlantic or under the jurisdiction of the 

North Atlantic Wing as a result of a contract with Air Transport Command during the period February 26, 1942, to August 14, 1945 (WWII). 

26 30 Sep 99 ........................... Approximately 50 Chamorro and Carolinian policemen, who received military training and under the command of the 6th Provisional Military Police Battalion, to 

accompany U.S. Marines in combat patrol activity from August 19, 1945, to 

September 2, 1945. 

27 27 Aug 99 .......................... Operational Analysis Group of the Office of Scientific Research and Development, 

who served overseas from December 7, 1941, through August 15, 1945. 

28 9 Aug 00 ............................ Service as a member of the Alaska Territorial Guard during World War II of any individual who was honorably discharged under section 8147 of the Department 

of Defense Appropriations Act of 2001 (P.L. 106–259) . 

STEVE BUYER. 

Æ 


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