II 110th CONGRESS 1st Session S. 961 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.
1.
Short title
This Act may be cited as the Belated Thank You to the Merchant Mariners of World War II Act of 2007.
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: I
Burial and cemetery benefits for veterans
; and(2)by adding at the end the following new subchapter: II
Monthly benefit
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.
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.
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.
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.
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. .