Belated Thank You to the Merchant Mariners of World War II Act of 2007

Belated Thank You to the Merchant Mariners of World War II Act of 2007
Belated Thank You to the Merchant Mariners of World War II Act of 2007

[Amended and Passed the House of Representatives July 30, 2007]

(Engrossed as Agreed to or Passed by House)

HR 23 EH

110th CONGRESS 1st Session

H. R. 23

AN ACT

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.

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 2007.

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:

Sec. 532. 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 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) before October 1, 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 2008, $120,000,000.

(B) For fiscal year 2009, $108,000,000.

(C) For fiscal year 2010, $97,000,000.

(D) For fiscal year 2011, $85,000,000.

(E) For fiscal year 2012, $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.

(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 531 the following new item:

532. Merchant Mariner Equity Compensation Fund.

Passed the House of Representatives July 30, 2007.

Attest:
Clerk.

110th CONGRESS

1st Session

H. R. 23
AN ACT

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.

H. R. 23 [Original Text as Introduced in House on January 4, 2007]

110th CONGRESS 1st Session
H. R. 23

To amend title 46, United States Code, 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, 2007

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 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 2007'.

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 BENEFIT'; and

(2) by adding at the end the following new subchapter:

SUBCHAPTER II--MONTHLY BENEFIT

Sec. 11221. Monthly benefit

(a) Payment- The Secretary of Veterans Affairs shall pay to each person issued a certificate of honorable service pursuant to section 11223(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 11223(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 11223(b) unless the surviving spouse was married to such person for not less than one 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. 11222. 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. 11223. Documentation of qualified service

(a) Application for Service Certificate- A person seeking benefits under section 11221 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 11222 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 one 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).

(e) Surviving Spouses- The surviving spouse a deceased person who engaged in qualifying service under section 11222 may submit an application for a service certificate under subsection (a) and be issued such a certificate on behalf of such person under subsection (b) for the purpose of receiving benefits under section 11221(b).

Sec. 11224. 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 11222 of this title.

Sec. 11225. 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

11221. Monthly benefit.

11222. Qualified service.

11223. Documentation of qualified service.

11224. Definitions.

11225. 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.

Urgent! Contact your Member of Congress to Cosponsor H. R. 23

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