Belated Thank You to the Merchant Mariners of World War II Act of 2005 - Directs the Secretary of Veterans Affairs to pay a monthly benefit of $1,000 to certain honorably-discharged veterans of the U.S. Merchant Marine who served between December 7, 1941, and December 31, 1946 (or to their survivors). Includes service in the Army Transport Service and the Naval Transport Service. Exempts benefits paid under this Act from taxation.
Provides for benefits for World War II Merchant Mariners under title II (Old Age, Survivors, and Disability Insurance) (OASDI) of the Social Security Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 23 Introduced in House (IH)]
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.
Be it enacted by the Senate and House of Representatives 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 2005''.
SEC. 2. MONTHLY BENEFIT FOR WORLD WAR II MERCHANT MARINERS AND
SURVIVORS UNDER TITLE 46, UNITED STATES CODE.
(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 subchapter:
``SUBCHAPTER II--MONTHLY BENEFIT
``Sec. 11205. Monthly benefit
``(a) Payment.--The Secretary of Veterans Affairs shall pay to each
person issued a certificate of honorable service pursuant to section
11207(b) of this title a monthly benefit of $1,000.
``(b) Surviving Spouses.--
``(1) Payment to surviving spouses.--The Secretary of
Veterans Affairs shall pay to the surviving spouse of each
person issued a certificate of honorable service pursuant to
section 11207(b) of this title a monthly benefit of $1,000.
``(2) Exclusion.--No benefit shall be paid under paragraph
(1) to a surviving spouse of a person issued a certificate of
honorable service pursuant to section 11207(b) unless the
surviving spouse was married to such person for no less than 1
year.
``(c) Exemption From Taxation.--Payments of benefits under this
section are exempt from taxation as provided in section 5301(a) of
title 38.
``Sec. 11206. Qualified service
``For purposes of this subchapter, a person shall be considered to
have engaged in qualified service if, between December 7, 1941, and
December 31, 1946, the person--
``(1) 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--
``(A) operated by the War Shipping Administration
or the Office of Defense Transportation (or an agent of
such Administration or Office);
``(B) operated in waters other than--
``(i) inland waters;
``(ii) the Great Lakes; and
``(iii) other lakes, bays, and harbors of
the United States;
``(C) under contract or charter to, or property of,
the Government of the United States; and
``(D) serving the Armed Forces; and
``(2) while serving as described in paragraph (1), 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.
``Sec. 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 applicant if, as determined by that Secretary,
the person engaged in qualified service under section 11206 of this
title and meets the standards referred to in subsection (d) of this
section.
``(c) Timing of Documentation.--A Secretary receiving 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 making 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).
``Sec. 11208. Definitions
``In this subchapter, the term `surviving spouse' has the meaning
given such term in section 101 of title 38, except that in applying the
meaning in this subchapter, the term `veteran' shall include a person
who performed qualified service as specified in section 11206 of this
title.
``Sec. 11209. Authorization of appropriations
``There are authorized to be appropriated to the Secretary of
Veterans Affairs such sums as may be necessary for the purpose of
carrying out this subchapter.''.
(b) Conforming Amendments.--Subsection (c) of section 11201 of
title 46, United States Code, is amended--
(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. Qualified service.
``11207. Documentation of qualified service.
``11208. Definitions.
``11209. Authorization of appropriations.''.
(d) Effective Date.--Subchapter II of chapter 112 of title 46,
United States Code, as added by subsection (a) of this section, shall
take effect with respect to payments for periods beginning on or after
the date of the enactment of this Act, regardless of the date of
application for benefits.
SEC. 3. BENEFITS FOR WORLD WAR II MERCHANT MARINERS UNDER TITLE II OF
THE SOCIAL SECURITY ACT.
(a) Benefits.--Section 217(d) of the Social Security Act (42 U.S.C.
417(d)) is amended by adding at the end the following new paragraph:
``(3) The term `active military or naval service' includes
the service, or any period of forcible detention or internment
by an enemy government or hostile force as a result of action
against a vessel described in subparagraph (A), of a person
who--
``(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 such
Administration or Office);
``(ii) operated in waters other than--
``(I) inland waters;
``(II) the Great Lakes; and
``(III) 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 serving as described in subparagraph
(A), 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.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply only with respect to benefits for months beginning on or after
the date of the enactment of this Act.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Social Security.
Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
Sponsor introductory remarks on measure. (CR E1833)
Sponsor introductory remarks on measure. (CR E113-114)
Subcommittee Hearings Held.
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Subcommittee on Disability Assistance and Memorial Affairs Discharged.