110th CONGRESS
1st Session
S. 961
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, and for other purposes.
IN THE SENATE OF THE UNITED STATES
March 22, 2007
Mr. NELSON of Nebraska (for himself, Mr. STEVENS, and Mr. BROWNBACK) introduced
the following bill; which was read twice and referred to the Committee on
Veterans' Affairs
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, and for other purposes.
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--BURIAL AND CEMETERY BENEFITS FOR VETERANS';
(2) by adding at the end the following new subchapter:
`SUBCHAPTER II--MONTHLY BENEFIT
`Sec. 11211. Monthly benefit
`(a) Payment- The Secretary of Veterans Affairs shall pay to each individual
issued a certificate of honorable service pursuant to section 11213(b) of
this title a monthly benefit of $1,000.
`(1) PAYMENT TO SURVIVING SPOUSES- Subject to paragraph (2), the Secretary
of Veterans Affairs shall pay to the surviving spouse of each individual
issued a certificate of honorable service pursuant to section 11213(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 an individual issued a certificate of honorable service pursuant
to section 11213(b) unless the surviving spouse was married to such individual
for not less than one year.
`(c) Retroactive Eligibility for Benefits- The Secretary of Veterans Affairs
shall pay--
`(1) to each individual issued a certificate of honorable service under
to section 11213(b) of this title the monthly benefit described in subsection
(a) as if such individual had received such certificate of honorable service
on the date of the enactment of the Belated Thank You to the Merchant
Mariners of World War II Act of 2007; and
`(2) to each surviving spouse issued a certificate of honorable service
on behalf of a deceased individual under section 11213(e) of this title
the monthly benefit described in subsection (b)(1) as if such surviving
spouse had received such certificate of honorable service on the date
of the enactment of Belated Thank You to the Merchant Mariners of World
War II Act of 2007.
`(d) Exemption From Taxation- Payments of benefits under this section are
exempt from taxation as provided in section 5301(a) of title 38.
`Sec. 11212. Qualified service
`For purposes of this subchapter, an individual shall be considered to have
engaged in qualified service if, between December 7, 1941 and December 31,
1946, the individual--
`(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--
`(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. 11213. Certificate of honorable service
`(a) Application for Service Certificate- An individual seeking benefits
under section 11211 of this title shall submit an application for a certificate
of honorable service--
`(1) to the Secretary of Transportation; or
`(2) in the case of an individual who was a member of the Army Transport
Service or the Naval Transport Service, to 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 individual engaged in
qualified service described in section 11212 of this title and meets the
standards referred to in subsection (d) of this section.
`(c) Timing for Certification- 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 a discharge from service under honorable conditions under section 401(a)(1)(B)
of the GI Bill Improvement Act of 1977 (Public Law 95-202; 38 U.S.C. 106
note).
`(e) Surviving Spouses- The surviving spouse of a deceased individual who
engaged in qualifying service described in section 11212 may submit an application
for a certificate of honorable service under subsection (a) and be issued
such a certificate on behalf of such individual under subsection (b) for
the purpose of receiving benefits under section 11211(b) of this title.
`Sec. 11214. Surviving spouse defined
`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' means an individual who performed qualified
service described in section 11212 of this title.
`Sec. 11215. 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 `this chapter' both places it appears
and inserting `this 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--burial and cemetery benefits for veterans';
(2) by adding at the end the following:
`subchapter ii--monthly benefit
`11212. Qualified service.
`11213. Certificate of honorable service.
`11214. Surviving spouse defined.
`11215. Authorization of appropriations.'.
END
