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 Com-
mittee 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 juris-
diction 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) dur-
ing World War II.
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 ‘‘Belated Thank You 
to the Merchant Mariners of World War II Act of 2004’’.
SEC. 2. BENEFITS FOR WORLD WAR II MERCHANT MARI-
NERS AND SURVIVORS. 
(a) MONTHLY BENEFIT.—Chapter 112 of title 46, 
United States Code, is amended—
(1) by inserting after the table of sections the 
following new subchapter heading: 
‘‘SUBCHAPTER I—VETERANS’ BURIAL AND 
CEMETERY BENEFITS’’; 
and 
(2) by adding at the end the following new sub-
chapter: 
‘‘SUBCHAPTER II—MONTHLY BENEFIT 
‘‘§ 11205. Monthly benefit 
‘‘(a) PAYMENT TO ELIGIBLE PERSONS.—The Sec-
retary of Veterans Affairs shall pay to each person eligible 
for benefits under section 11206 of this title a monthly 
benefit of $1,000. 
‘‘(b) SURVIVING SPOUSES OF ELIGIBLE PERSONS.—
‘‘(1) PAYMENT TO SURVIVING SPOUSES.—The 
Secretary of Veterans Affairs shall pay to the sur-
viving spouse of each person eligible for benefits 
under section 11206 of this title a monthly benefit 
of $1,000. 
‘‘(2) EXCLUSION.—No benefit under this sub-
section shall be paid to a surviving spouse of a per-
son eligible for benefits under section 11206 of this
title unless such surviving spouse was married to 
such eligible person for no less than 1 year. 
‘‘(c) CHILDREN OF ELIGIBLE PERSONS.—If there is 
no surviving spouse entitled to benefits under this section, 
the Secretary of Veterans Affairs shall pay to the children 
of each person eligible for benefits under section 11206 
of this title a monthly benefit of $1,000, equally divided. 
‘‘(d) EXEMPTION FROM TAXATION.—Payments of 
benefits under this section are exempt from taxation as 
provided in section 5301(a) of title 38. 
‘‘§ 11206. Eligibility for benefit 
‘‘(a) ELIGIBLE PERSONS.—A person referred to in 
subsection (b) who has performed qualified service as spec-
ified under subsection (c) shall be eligible for benefits 
under section 11205(a) of this title. 
‘‘(b) COVERED PERSONS.—Subsection (a) applies to 
a person who receives an honorable service certificate 
under section 11207 of this title. 
‘‘(c) QUALIFIED SERVICE.—A person shall be consid-
ered to have engaged in qualified service if, between De-
cember 7, 1941, and December 31, 1946—
‘‘(1) the person—
‘‘(A) was a member of the United States 
merchant marine (including the Army Trans-
port 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 Admin-
istration or Office); 
‘‘(ii) operated in waters other than in-
land 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 oth-
erwise 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; or 
‘‘(2) while performing service under paragraph 
(1), the person was forcibly detained or interned by 
an enemy government or hostile force as a result of 
action against a vessel under paragraph (1)(A).
‘‘§ 11207. Documentation of qualified service 
‘‘(a) APPLICATION FOR SERVICE CERTIFICATE.—A 
person seeking benefits under section 11205 of this title 
shall submit an application for a service certificate to the 
Secretary of Transportation, or in the case of personnel 
of the Army Transport Service or the Naval Transport 
Service, the Secretary of Defense. 
‘‘(b) ISSUANCE
OF SERVICE CERTIFICATE.—The 
Secretary who receives an application under subsection (a) 
shall issue a certificate of honorable service to the appli-
cant if, as determined by that Secretary, the person en-
gaged in qualified service under section 11206(c) of this 
title. 
‘‘(c) TIMING OF DOCUMENTATION.—A Secretary re-
ceiving an application under subsection (a) shall act on 
the application not later than 1 year after the date of that 
receipt. 
‘‘(d) STANDARDS RELATING TO SERVICE.—In mak-
ing a determination under subsection (b), the Secretary 
acting on the application shall apply the same standards 
relating to the nature and duration of service that apply 
to the issuance of honorable discharges under section 
401(a)(1)(B) of the GI Bill Improvement Act of 1977 (38 
U.S.C. 106 note).
‘‘§ 11208. Definitions 
‘‘In this subchapter, the terms ‘surviving spouse’ and 
‘child’ have the meanings given those terms in paragraphs 
(3) and (4), respectively, of section 101 of title 38, except 
that in applying those meanings in this subchapter, the 
term ‘veteran’ shall include a person who performed quali-
fied service as specified in section 11206(c) of this title.’’. 
(b) CONFORMING AMENDMENTS.—Subsection (c) of 
section 11201 of title 46, United States Code, is amend-
ed—
(1) in paragraph (1), by striking ‘‘chapter’’ and 
inserting ‘‘subchapter’’; and 
(2) in paragraph (2), by striking ‘‘chapter’’ the 
second place it appears and inserting ‘‘subchapter’’. 
(c) CLERICAL AMENDMENTS.—The table of sections 
at the beginning of chapter 112 of title 46, United States 
Code, is amended—
(1) by inserting at the beginning the following 
new item:
‘‘SUBCHAPTER I—VETERANS’ BURIAL AND CEMETERY BENEFITS’’;
and 
(2) by adding at the end the following new 
items:
‘‘SUBCHAPTER II—MONTHLY BENEFIT 
‘‘11205. Monthly benefit. 
‘‘11206. Eligibility for benefit.
‘‘11207. Documentation of qualified service. 
‘‘11208. Definitions.’’.
(d) EFFECTIVE DATE.—Section 11205 of title 46, 
United States Code, as added by subsection (a) of this 
section, shall take effect with respect to payments for peri-
ods beginning on or after the date of the enactment of 
this Act, regardless of the date of application for benefits. 
SEC. 3. AUTHORIZATION OF APPROPRIATION. 
There is authorized to be appropriated to the Depart-
ment of Veterans Affairs such sums as are necessary to 
carry out this Act.
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