I 
109TH CONGRESS 
1ST SESSION 
H. R. 377 
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 HOUSE OF REPRESENTATIVES 
JANUARY 26, 2005 
Mr. EVERETT (for himself, Mr. ROGERS of Alabama, Mr. BONNER, Mr. 
ADERHOLT, Mr. CRAMER, Mr. BACHUS, Mr. DAVIS of Alabama, Mr. 
OSBORNE, Mr. ANDREWS, Mr. AKIN, Mr. CALVERT, Mr. ETHERIDGE, 
Mr. LOBIONDO, Mr. MCGOVERN, Mrs. MILLER of Michigan, Mr. MILLER 
of Florida, Mr. SIMMONS, Mr. SPRATT, and Mr. WALSH) introduced the 
following bill; which was referred to the Committee on Armed Services, 
and in addition to the Committee on Veterans’ Affairs, for a period to 
be subsequently determined by the Speaker, in each case for consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Honoring Every Re-
quirement of Exemplary Service Act of 2005’’ or the ‘‘HE-
ROES Act of 2005’’. 
SEC. 2. DEATH GRATUITY ENHANCEMENTS. 
(a) DEATHS FROM COMBAT-RELATED CAUSES OR 
CAUSES INCURRED
IN DESIGNATED OPERATIONS
OR 
AREAS.— 
(1) AMOUNT.—Section 1478 of title 10, United 
States Code, is amended— 
(A) in subsection (a), by inserting ‘‘, ex-
cept as provided in subsection (c)’’ after 
‘‘$12,000’’; 
(B) by redesignating subsection (c) as sub-
section (d); and 
(C) by inserting after subsection (b) the 
following new subsection (c): 
‘‘(c) The death gratuity payable under sections 1475 
through 1477 of this title is $100,000 (as adjusted under 
subsection (d)) in the case of a death resulting from 
wounds, injuries, or illnesses that are— 
‘‘(1) 
incurred 
as 
described 
in 
section 
1413a(e)(2) of title 10; or 
‘‘(2) incurred in an operation or area des-
ignated as a combat operation or a combat zone, re-
spectively, by the Secretary of Defense under section 
1967(e)(1)(A) of title 38.’’. 
(2) INCREASES CONSISTENT WITH INCREASES 
IN RATES OF BASIC PAY.—Subsection (d) of such 
section, as redesignated by paragraph (1)(B), is 
amended by striking ‘‘amount of the death gratuity 
in effect under subsection (a)’’ and inserting 
‘‘amounts of the death gratuities in effect under 
subsections (a) and (c)’’. 
(3) CONFORMING AMENDMENT.—Subsection (a) 
of such section, as amended by paragraph (1) of this 
subsection, is further amended by striking ‘‘(as ad-
justed under subsection (c))’’ and inserting ‘‘(as ad-
justed under subsection (d))’’. 
(b) ADDITIONAL GRATUITY FOR DEATHS BEFORE 
EFFECTIVE DATE.— 
(1) REQUIREMENT TO PAY ADDITIONAL GRA-
TUITY.— 
(A) In the case of a member of the Armed 
Forces described in subparagraph (B), the Sec-
retary of the military department concerned 
shall pay a death gratuity in accordance with 
this subsection that is in addition to the death 
gratuity payable in the case of such death
under sections 1475 through 1477 of title 10, 
United States Code. 
(B) The requirements of this subsection 
apply in the case of a member of the Armed 
Forces who died before the date of the enact-
ment of this Act as a direct result of one or 
more wounds, injuries, or illnesses that— 
(i) were incurred in the theater of op-
erations of Operation Enduring Freedom 
or Operation Iraqi Freedom; or 
(ii) were incurred as described in sec-
tion 1413a(e)(2) of title 10, United States 
Code, on or after October 7, 2001. 
(2) AMOUNT.—The amount of the additional 
death gratuity is $238,000. 
(3) BENEFICIARIES.—The beneficiary or bene-
ficiaries who are entitled under section 1477 of title 
10, United States Code, to receive payment of the 
regular military death gratuity in the case of the 
death of a member referred to in paragraph (2) shall 
be entitled to receive the additional death gratuity 
payable in such case. If there are two or more such 
beneficiaries, the portion of the total amount of the 
additional death gratuity payable to a beneficiary in 
such case shall be the amount that bears the same