I 

110TH CONGRESS 

1ST SESSION H. R. 1115 

To amend section 1477 of title 10, United States Code, to provide additional 

options regarding the designation of the person to receive the death 

gratuity paid with respect to a member of the Armed Forces who dies 

without a surviving spouse, but who is survived by a minor child. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Mr. LATHAM (for himself, Mr. KING of Iowa, Mr. BOSWELL, Mr. BRALEY of 

Iowa, Mr. LOEBSACK, and Mr. SAXTON) introduced the following bill; 

which was referred to the Committee on Armed Services 

A BILL 

To amend section 1477 of title 10, United States Code, 

to provide additional options regarding the designation 

of the person to receive the death gratuity paid with 

respect to a member of the Armed Forces who dies 

without a surviving spouse, but who is survived by a 

minor child. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PAYMENT OF DEATH GRATUITY WITH RESPECT 

2 TO MEMBERS OF THE ARMED FORCES WITH3 OUT A SURVIVING SPOUSE WHO ARE SUR4 VIVED BY A MINOR CHILD. 

5 (a) DESIGNATION OF INTENDED RECIPIENT.—Sec6 tion 1477 of title 10, United States Code, is amended— 

7 (1) in subsection (a), by inserting ‘‘, subject to 

8 subsection (d),’’ after ‘‘shall be paid’’; 

9 (2) by redesignating subsection (d) as sub10 section (e); and 

11 (3) by inserting after subsection (c) the fol12 lowing new subsection (d): 

13 ‘‘(d)(1) In the case of a person covered by section 

14 1475 or 1476 of this title who has no surviving spouse, 

15 but who has one or more surviving children (as prescribed 

16 by subsection (b)) under the age of 18 years who, after 

17 the death of the person, will be in the custody of a parent 

18 (as prescribed by subsection (c)) or brother or sister (as 

19 prescribed by subsection (a)) of the person, the death gra20 tuity shall be paid to such parent, brother, or sister as 

21 designated by the person, whether in the full amount pay22 able under section 1478 of this title or in such portion 

23 of such amount as the person shall specify. 

24 ‘‘(2) If the amount of the death gratuity specified for 

25 payment under paragraph (1) is less than the full amount 

26 of the death gratuity payable under section 1478 of this 


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1 title, the balance of the amount of the death gratuity shall 

2 be paid to or for the living survivors of the person con3 cerned in accordance with paragraphs (2) through (5) of 

4 subsection (a). 

5 ‘‘(3) An individual designated for the payment of 

6 death gratuity under paragraph (1) shall be treated as an 

7 eligible survivor for purposes of subsection (e).’’. 

8 (b) TREATMENT OF EARLIER DEATHS AND DEATH

9 GRATUITY PAYMENTS.—With respect to the death of a 

10 person covered by section 1475 or 1476 of title 10, United 

11 States Code, that occurred before the date of the enact12 ment of this Act, if the person had no surviving spouse, 

13 but had one or more surviving children, and left a clear 

14 expression of intent regarding payment of the death gra15 tuity to another person on behalf of the surviving child 

16 or children in the manner authorized by subsection (d) of 

17 section 1477 of such title, as added by subsection (a)(3), 

18 it is the sense of Congress that the death gratuity should 

19 be distributed consistent with that expression of intent. 

Æ 


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