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amount provided under paragraph (3)(A)(i)(I), shall be 
provided to the spouse of the member.’’; and 
(2) in paragraph (3)—
(A) in the matter preceding clause (i), by 
striking ‘‘and (C)’’ and inserting ‘‘, (C), and 
(D)’’; and 
(B) by adding at the end the following new 
subparagraphs: 
‘‘(D) A member with a spouse may not elect not to 
be insured under this subchapter, or to be insured under 
this subchapter in an amount less than the maximum 
amount provided under subparagraph (A)(i)(I), without the 
written consent of the spouse.’’. 
(f) REQUIREMENT REGARDING REDESIGNATION
OF 
BENEFICIARIES.—Section 1970 of such title is amended by 
adding at the end the following new subsection: 
‘‘(j) A member with a spouse may not modify the bene-
ficiary or beneficiaries designated by the member under 
subsection (a) without the written consent of the spouse.’’. 
(g) EFFECTIVE DATE.—This section and the amend-
ments made by this section shall take effect on the first day 
of the first month that begins more than 90 days after the 
date of the enactment of this Act. 
(h) TERMINATION.—The amendments made by this 
section shall terminate on September 30, 2005. Effective on
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October 1, 2005, the provisions of sections 1967, 1969, 1970, 
and 1977 of title 38, United States Code, as in effect on 
the date before the date of the enactment of this Act shall 
be revived. 
DEATH GRATUITY 
SEC. 1113. (a) INCREASE IN DEATH GRATUITY.—
(1) AMOUNT.—Section 1478(a) of title 10, 
United 
States 
Code, 
is 
amended 
by 
striking 
‘‘$12,000’’ and inserting ‘‘$100,000’’. 
(2) EFFECTIVE DATE.—The amendments made 
by this subsection shall take effect on October 7, 2001, 
and shall apply with respect to deaths occurring on 
or after that date. 
(3) NO ADJUSTMENT FOR INCREASES IN BASIC 
PAY BEFORE DATE OF ENACTMENT.—No adjustment 
shall be made under subsection (c) of section 1478 of 
title 10, United States Code, with respect to the 
amount in force under subsection (a) of that section, 
as amended by paragraph (1), for any period before 
the date of the enactment of this Act. 
(4) PAYMENT FOR DEATHS BEFORE DATE OF EN-
ACTMENT.—Any additional amount payable as a 
death gratuity under this subsection for the death of 
a member of the Armed Forces before the date of the 
enactment of this Act shall be paid to the eligible sur-
vivor of the member previously paid a death gratuity
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under section 1478 of title 10, United States Code, for 
the death of the member. If payment cannot be made 
to such survivor, payment of such amount shall be 
made to living survivor of the member otherwise high-
est on the list under 1477(a) of title 10, United States 
Code. 
(b) ADDITIONAL GRATUITY FOR DEATHS BEFORE EF-
FECTIVE 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 enactment 
of this Act as a direct result of one or more 
wounds, injuries, or illnesses that—
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(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 $150,000. 
(3) BENEFICIARIES.—The beneficiary or bene-
ficiaries who are entitled under section 1477 of title 
10, United States Code, to receive payment of the reg-
ular military death gratuity in the case of the death 
of a member referred to in paragraph (2) shall be en-
titled to receive the additional death gratuity payable 
in such case. If there are two or more such bene-
ficiaries, the portion of the total amount of the addi-
tional death gratuity payable to a beneficiary in such 
case shall be the amount that bears the same ratio to 
the total amount of the additional death gratuity 
under paragraph (2) as the amount of the share of the 
regular military death gratuity payable to that bene-
ficiary bears to the total amount of the regular mili-
tary death gratuity payable to all such beneficiaries 
in such case. 
(4) DEFINITIONS.—In this subsection:
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(A) The term ‘‘additional death gratuity’’ 
means the death gratuity provided under para-
graph (1). 
(B) The term ‘‘regular military death gra-
tuity’’, means a death gratuity payable under 
sections 1475 through 1477 of title 10 United 
States Code. 
SEC. 1114. RENAMING OF DEATH GRATUITY PAYABLE 
FOR DEATHS OF MEMBERS OF THE ARMED FORCES AS 
FALLEN HERO COMPENSATION. (a) IN GENERAL.—Sub-
chapter II of chapter 75 of title 10, United States Code, 
is amended as follows: 
(1) In section 1475(a), by striking ‘‘have a death 
gratuity paid’’ and inserting ‘‘have fallen hero com-
pensation paid’’. 
(2) In section 1476(a)— 
(A) in paragraph (1), by striking ‘‘a death 
gratuity’’ and inserting ‘‘fallen hero compensa-
tion’’; and 
(B) in paragraph (2), by striking ‘‘A death 
gratuity’’ and inserting ‘‘Fallen hero compensa-
tion’’. 
(3) In section 1477(a), by striking ‘‘A death gra-
tuity’’ and inserting ‘‘Fallen hero compensation’’.