II 

109TH CONGRESS 

1ST SESSION S. 77 

To amend titles 10 and 38, United States Code, to improve death benefits 

for the families of deceased members of the Armed Forces, and for 

other purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. SESSIONS (for himself and Mr. LIEBERMAN) introduced the following bill; 

which was read twice and referred to the Committee on Armed Services 

A BILL 

To amend titles 10 and 38, United States Code, to improve 

death benefits for the families of deceased members of 

the Armed Forces, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Honoring Every Re5 quirement of Exemplary Service Act of 2005’’ or the ‘‘HE6 ROES Act of 2005’’. 
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1 SEC. 2. DEATH GRATUITY ENHANCEMENTS. 

2 (a) DEATHS FROM COMBAT-RELATED CAUSES OR

3 CAUSES INCURRED IN DESIGNATED OPERATIONS OR

4 AREAS.— 

5 (1) AMOUNT.—Section 1478 of title 10, United 

6 States Code, is amended— 

7 (A) in subsection (a), by inserting ‘‘, ex8 cept as provided in subsection (c)’’ after 

9 ‘‘$12,000’’; 

10 (B) by redesignating subsection (c) as sub11 section (d); and 

12 (C) by inserting after subsection (b) the 

13 following new subsection (c): 

14 ‘‘(c) The death gratuity payable under sections 1475 

15 through 1477 of this title is $100,000 (as adjusted under 

16 subsection (d)) in the case of a death resulting from 

17 wounds, injuries, or illnesses that are— 

18 ‘‘(1) incurred as described in section 

19 1413a(e)(2) of title 10; or 

20 ‘‘(2) incurred in an operation or area des21 ignated as a combat operation or a combat zone, re22 spectively, by the Secretary of Defense under section 

23 1967(e)(1)(A) of title 38.’’. 

24 (2) INCREASES CONSISTENT WITH INCREASES

25 IN RATES OF BASIC PAY.—Subsection (d) of such 

26 section, as redesignated by paragraph (1)(B), is 
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1 amended by striking ‘‘amount of the death gratuity 

2 in effect under subsection (a)’’ and inserting 

3 ‘‘amounts of the death gratuities in effect under 

4 subsections (a) and (c)’’. 

5 (3) CONFORMING AMENDMENT.—Subsection (a) 

6 of such section, as amended by paragraph (1) of this 

7 subsection, is further amended by striking ‘‘(as ad8 justed under subsection (c))’’ and inserting ‘‘(as ad9 justed under subsection (d))’’. 

10 (b) ADDITIONAL GRATUITY FOR DEATHS BEFORE

11 EFFECTIVE DATE.— 

12 (1) REQUIREMENT TO PAY ADDITIONAL GRA13 TUITY.— 

14 (A) In the case of a member of the Armed 

15 Forces described in subparagraph (B), the Sec16 retary of the military department concerned 

17 shall pay a death gratuity in accordance with 

18 this subsection that is in addition to the death 

19 gratuity payable in the case of such death 

20 under sections 1475 through 1477 of title 10, 

21 United States Code. 

22 (B) The requirements of this subsection 

23 apply in the case of a member of the Armed 

24 Forces who died before the date of the enact-
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1 ment of this Act as a direct result of one or 

2 more wounds, injuries, or illnesses that— 

3 (i) were incurred in the theater of op4 erations of Operation Enduring Freedom 

5 or Operation Iraqi Freedom; or 

6 (ii) were incurred as described in sec7 tion 1413a(e)(2) of title 10, United States 

8 Code, on or after October 7, 2001. 

9 (2) AMOUNT.—The amount of the additional 

10 death gratuity is $238,000. 

11 (3) BENEFICIARIES.—The beneficiary or bene12 ficiaries who are entitled under section 1477 of title 

13 10, United States Code, to receive payment of the 

14 regular military death gratuity in the case of the 

15 death of a member referred to in paragraph (2) shall 

16 be entitled to receive the additional death gratuity 

17 payable in such case. If there are two or more such 

18 beneficiaries, the portion of the total amount of the 

19 additional death gratuity payable to a beneficiary in 

20 such case shall be the amount that bears the same 

21 ratio to the total amount of the additional death 

22 gratuity under paragraph (2) as the amount of the 

23 share of the regular military death gratuity payable 

24 to that beneficiary bears to the total amount of the 
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1 regular military death gratuity payable to all such 

2 beneficiaries in such case. 

3 (4) DEFINITIONS.—In this subsection: 

4 (A) The term ‘‘additional death gratuity’’ 

5 means the death gratuity provided under para6 graph (1). 

7 (B) The term ‘‘regular military death gra8 tuity’’, means a death gratuity payable under 

9 sections 1475 through 1477 of title 10 United 

10 States Code. 

11 SEC. 3. SERVICEMEMBERS’ GROUP LIFE INSURANCE EN12 HANCEMENTS. 

13 (a) INCREASED MAXIMUM AMOUNT UNDER

14 SERVICEMEMBERS’ GROUP LIFE INSURANCE.—Section 

15 1967 of title 38, United States Code, is amended— 

16 (1) in subsection (a)(3)(A), by striking clause 

17 (i) and inserting the following new clause: 

18 ‘‘(i) In the case of a member— 

19 ‘‘(I) $400,000 or such lesser amount as 

20 the member may elect; 

21 ‘‘(II) in the case of a member covered by 

22 subsection (e), the amount provided for or elect23 ed by the member under subclause (I) plus the 

24 additional amount of insurance provided for the 

25 member by subsection (e); or 
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1 ‘‘(III) in the case of a member making an 

2 election under paragraph (2)(A) not to be in3 sured under this subchapter, the amount of in4 surance provided for the member by subsection 

5 (e).’’; and 

6 (2) in subsection (d), by striking ‘‘$250,000’’ 

7 and inserting ‘‘$400,000’’. 

8 (b) ADDITIONAL AMOUNT FOR MEMBERS SERVING

9 IN CERTAIN AREAS OR OPERATIONS.— 

10 (1) INCREASED AMOUNT.—Section 1967 of 

11 such title is further amended— 

12 (A) by redesignating subsection (e) as sub13 section (g); and 

14 (B) by inserting after subsection (d) the 

15 following new subsection (e): 

16 ‘‘(e)(1) A member covered by this subsection is any 

17 member as follows: 

18 ‘‘(A) Any member who dies as a result of one 

19 or more wounds, injuries, or illnesses incurred while 

20 serving in an operation or area that the Secretary 

21 designates, in writing, as a combat operation or a 

22 zone of combat, respectively, for purposes of this 

23 subsection. 

24 ‘‘(B) Any member who formerly served in an 

25 operation or area so designated and whose death is 
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1 determined (under regulations prescribed by the Sec2 retary of Defense) to be the direct result of injury 

3 or illness incurred or aggravated while so serving. 

4 ‘‘(2) The additional amount of insurance under this 

5 subchapter that is provided for a member by this sub6 section is $150,000, except that in a case in which the 

7 amount provided for or elected by the member under sub8 clause (I) of subsection (a)(3)(A) exceeds $250,000, the 

9 additional amount of insurance under this subchapter that 

10 is provided for the member by this subsection shall be re11 duced to such amount as is necessary to comply with the 

12 limitation in paragraph (3). 

13 ‘‘(3) The total amount of insurance payable for a 

14 member under this subchapter may not exceed $400,000. 

15 ‘‘(4) While a member is serving in an operation or 

16 area designated as described in paragraph (1), the cost 

17 of insurance of the member under this subchapter that 

18 is attributable to $150,000 of insurance coverage shall be 

19 contributed as provided in section 1969(b)(2) of this title 

20 and may not be deducted or withheld from the member’s 

21 pay.’’. 

22 (2) FUNDING.—Section 1969(b) of such title is 

23 amended— 

24 (A) by inserting ‘‘(1)’’ after ‘‘(b)’’; and 
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1 (B) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) For each month for which a member insured 

4 under this subchapter is serving in an operation or area 

5 designated as described by paragraph (1)(A) of section 

6 1967(e) of this title, there shall be contributed from the 

7 appropriation made for active duty pay of the uniformed 

8 service concerned an amount determined by the Secretary 

9 and certified to the Secretary concerned to be the cost of 

10 Servicemembers’ Group Life Insurance which is traceable 

11 to the cost of providing insurance for the member under 

12 section 1967 of this title in the amount of $150,000.’’. 

13 (c) CONFORMING AMENDMENT.—Section 

14 1967(a)(2)(A) of such title is amended by inserting before 

15 the period at the end the following: ‘‘, except for insurance 

16 provided under paragraph (3)(A)(i)(III)’’. 

17 (d) COORDINATION WITH VGLI.—Section 1977(a) of 

18 such title is amended— 

19 (1) by striking ‘‘$250,000’’ each place it ap20 pears and inserting ‘‘$400,000’’; and 

21 (2) by adding at the end of paragraph (1) the 

22 following new sentence: ‘‘Any additional amount of 

23 insurance provided a member under section 1967(e) 

24 of this title may not be treated as an amount for 
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1 which Veterans’ Group Life Insurance shall be 

2 issued under this section.’’. 

3 (e) REQUIREMENTS REGARDING ELECTIONS OF

4 MEMBERS TO REDUCE OR DECLINE INSURANCE.—Sec5 tion 1967(a) of such title is further amended— 

6 (1) in paragraph (2), by adding at the end the 

7 following new subparagraph: 

8 ‘‘(C) Pursuant to regulations prescribed by the Sec9 retary of Defense, notice of an election of a member not 

10 to be insured under this subchapter, or to be insured 

11 under this subchapter in an amount less than the max12 imum amount provided under paragraph (3)(A)(i)(I), 

13 shall be provided to the spouse of the member.’’; and 

14 (2) in paragraph (3)— 

15 (A) in the matter preceding clause (i), by 

16 striking ‘‘and (C)’’ and inserting ‘‘, (C), and 

17 (D)’’; and 

18 (B) by adding at the end the following new 

19 subparagraphs: 

20 ‘‘(D) A member with a spouse may not elect not to 

21 be insured under this subchapter, or to be insured under 

22 this subchapter in an amount less than the maximum 

23 amount provided under subparagraph (A)(i)(I), without 

24 the written consent of the spouse.’’. 
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1 (f) REQUIREMENT REGARDING REDESIGNATION OF

2 BENEFICIARIES.—Section 1970 of such title is amended 

3 by adding at the end the following new subsection: 

4 ‘‘(j) A member with a spouse may not modify the ben5 eficiary or beneficiaries designated by the member under 

6 subsection (a) without the written consent of the spouse.’’. 

7 (g) EFFECTIVE DATE.—This section and the amend8 ments made by this section shall take effect on the first 

9 day of the first month that begins more than 90 days after 

10 the date of the enactment of this Act. 

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