I 

109TH CONGRESS 

1ST SESSION H. R. 23

To amend title 46, United States Code, and title II of the Social Security 

Act 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. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 4, 2005

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, and title II of 

the Social Security Act 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.

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 2005’’. 
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1 SEC. 2. MONTHLY BENEFIT FOR WORLD WAR II MERCHANT 

2 MARINERS AND SURVIVORS UNDER TITLE 46, 

3 UNITED STATES CODE. 

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

5 United States Code, is amended—

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

7 following new subchapter heading: 

8 ‘‘SUBCHAPTER I—VETERANS’ BURIAL AND 

9 CEMETERY BENEFITS’’; 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.—The Secretary of Veterans Affairs 

15 shall pay to each person issued a certificate of honorable 

16 service pursuant to section 11207(b) of this title a month17 ly benefit of $1,000. 

18 ‘‘(b) SURVIVING SPOUSES.—

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

20 Secretary of Veterans Affairs shall pay to the sur21 viving spouse of each person issued a certificate of 

22 honorable service pursuant to section 11207(b) of 

23 this title a monthly benefit of $1,000. 

24 ‘‘(2) EXCLUSION.—No benefit shall be paid 

25 under paragraph (1) to a surviving spouse of a per26 son issued a certificate of honorable service pursuant 
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1 to section 11207(b) unless the surviving spouse was 

2 married to such person for no less than 1 year. 

3 ‘‘(c) EXEMPTION FROM TAXATION.—Payments of 

4 benefits under this section are exempt from taxation as 

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

6 ‘‘§ 11206. Qualified service 

7 ‘‘For purposes of this subchapter, a person shall be 

8 considered to have engaged in qualified service if, between 

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

10 ‘‘(1) was a member of the United States mer11 chant marine (including the Army Transport Service 

12 and the Naval Transport Service) serving as a crew13 member of a vessel that was—

14 ‘‘(A) operated by the War Shipping Ad15 ministration or the Office of Defense Transpor16 tation (or an agent of such Administration or 

17 Office); 

18 ‘‘(B) operated in waters other than—

19 ‘‘(i) inland waters; 

20 ‘‘(ii) the Great Lakes; and 

21 ‘‘(iii) other lakes, bays, and harbors of 

22 the United States; 

23 ‘‘(C) under contract or charter to, or prop24 erty of, the Government of the United States; 

25 and 
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1 ‘‘(D) serving the Armed Forces; and 

2 ‘‘(2) while serving as described in paragraph 

3 (1), was licensed or otherwise documented for serv4 ice as a crewmember of such a vessel by an officer 

5 or employee of the United States authorized to li6 cense or document the person for such service. 

7 ‘‘§ 11207. Documentation of qualified service 

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

9 person seeking benefits under section 11205 of this title 

10 shall submit an application for a service certificate to the 

11 Secretary of Transportation, or in the case of personnel 

12 of the Army Transport Service or the Naval Transport 

13 Service, the Secretary of Defense. 

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

15 Secretary who receives an application under subsection (a) 

16 shall issue a certificate of honorable service to the appli17 cant if, as determined by that Secretary, the person en18 gaged in qualified service under section 11206 of this title 

19 and meets the standards referred to in subsection (d) of 

20 this section. 

21 ‘‘(c) TIMING OF DOCUMENTATION.—A Secretary re22 ceiving an application under subsection (a) shall act on 

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

24 receipt. 
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1 ‘‘(d) STANDARDS RELATING TO SERVICE.—In mak2 ing a determination under subsection (b), the Secretary 

3 acting on the application shall apply the same standards 

4 relating to the nature and duration of service that apply 

5 to the issuance of honorable discharges under section 

6 401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 

7 U.S.C. 106 note). 

8 ‘‘§ 11208. Definitions 

9 ‘‘In this subchapter, the term ‘surviving spouse’ has 

10 the meaning given such term in section 101 of title 38, 

11 except that in applying the meaning in this subchapter, 

12 the term ‘veteran’ shall include a person who performed 

13 qualified service as specified in section 11206 of this title. 

14 ‘‘§ 11209. Authorization of appropriations 

15 ‘‘There are authorized to be appropriated to the Sec16 retary of Veterans Affairs such sums as may be necessary 

17 for the purpose of carrying out this subchapter.’’. 

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

19 section 11201 of title 46, United States Code, is amend20 ed—

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

22 inserting ‘‘subchapter’’; and 

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

24 second place it appears and inserting ‘‘subchapter’’. 
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1 (c) CLERICAL AMENDMENTS.—The table of sections 

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

3 Code, is amended—

4 (1) by inserting at the beginning the following 

5 new item:

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

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

7 items:

‘‘SUBCHAPTER II—MONTHLY BENEFIT

‘‘11205. Monthly benefit. 

‘‘11206. Qualified service. 

‘‘11207. Documentation of qualified service. 

‘‘11208. Definitions. 

‘‘11209. Authorization of appropriations.’’.

8 (d) EFFECTIVE DATE.—Subchapter II of chapter 

9 112 of title 46, United States Code, as added by sub10 section (a) of this section, shall take effect with respect 

11 to payments for periods beginning on or after the date 

12 of the enactment of this Act, regardless of the date of ap13 plication for benefits. 

14 SEC. 3. BENEFITS FOR WORLD WAR II MERCHANT MARI15 NERS UNDER TITLE II OF THE SOCIAL SECU16 RITY ACT. 

17 (a) BENEFITS.—Section 217(d) of the Social Secu18 rity Act (42 U.S.C. 417(d)) is amended by adding at the 

19 end the following new paragraph: 

20 ‘‘(3) The term ‘active military or naval service’ 

21 includes the service, or any period of forcible deten-
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1 tion or internment by an enemy government or hos2 tile force as a result of action against a vessel de3 scribed in subparagraph (A), of a person who—

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

5 merchant marine (including the Army Trans6 port Service and the Naval Transport Service) 

7 serving as a crewmember of a vessel that was—

8 ‘‘(i) operated by the War Shipping 

9 Administration or the Office of Defense 

10 Transportation (or an agent of such Ad11 ministration or Office); 

12 ‘‘(ii) operated in waters other than—

13 ‘‘(I) inland waters; 

14 ‘‘(II) the Great Lakes; and 

15 ‘‘(III) other lakes, bays, and har16 bors of the United States; 

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

18 property of, the Government of the United 

19 States; and 

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

21 ‘‘(B) while serving as described in subpara22 graph (A), was licensed or otherwise docu23 mented for service as a crewmember of such a 

24 vessel by an officer or employee of the United 
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1 States authorized to license or document the 

2 person for such service.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) shall apply only with respect to benefits for 

5 months beginning on or after the date of the enactment 

6 of this Act.

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