[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 961 Introduced in Senate (IS)]







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'';

and
            (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.
    ``(b) Surviving Spouses.--
            ``(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--
                            ``(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. 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'';

and
            (2) by adding at the end the following:

                    ``subchapter ii--monthly benefit

``11211. Monthly benefit.
``11212. Qualified service.
``11213. Certificate of honorable service.
``11214. Surviving spouse defined.
``11215. Authorization of appropriations.''.
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