Belated Thank You to the Merchant Mariners of World War II Act of 2007 - 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 from taxation benefits paid under this Act.
[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.''.
<all>
Introduced in Senate
Introduced in Senate
Read twice and referred to the Committee on Veterans' Affairs.
Committee on Veterans' Affairs. Hearings held. Hearings printed: S.Hrg. 110-675.
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