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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PAYMENT OF DEATH GRATUITY WITH RESPECT 
TO MEMBERS OF THE ARMED FORCES WITH-
OUT A SURVIVING SPOUSE WHO ARE SUR-
VIVED BY A MINOR CHILD. 
(a) DESIGNATION OF INTENDED RECIPIENT.—Sec-
tion 1477 of title 10, United States Code, is amended— 
(1) in subsection (a), by inserting ‘‘, subject to 
subsection (d),’’ after ‘‘shall be paid’’; 
(2) by redesignating subsection (d) as sub-
section (e); and 
(3) by inserting after subsection (c) the fol-
lowing new subsection (d): 
‘‘(d)(1) In the case of a person covered by section 
1475 or 1476 of this title who has no surviving spouse, 
but who has one or more surviving children (as prescribed 
by subsection (b)) under the age of 18 years who, after 
the death of the person, will be in the custody of a parent 
(as prescribed by subsection (c)) or brother or sister (as 
prescribed by subsection (a)) of the person, the death gra-
tuity shall be paid to such parent, brother, or sister as 
designated by the person, whether in the full amount pay-
able under section 1478 of this title or in such portion 
of such amount as the person shall specify. 
‘‘(2) If the amount of the death gratuity specified for 
payment under paragraph (1) is less than the full amount 
of the death gratuity payable under section 1478 of this 
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title, the balance of the amount of the death gratuity shall 
be paid to or for the living survivors of the person con-
cerned in accordance with paragraphs (2) through (5) of 
subsection (a). 
‘‘(3) An individual designated for the payment of 
death gratuity under paragraph (1) shall be treated as an 
eligible survivor for purposes of subsection (e).’’. 
(b) TREATMENT OF EARLIER DEATHS AND DEATH 
GRATUITY PAYMENTS.—With respect to the death of a 
person covered by section 1475 or 1476 of title 10, United 
States Code, that occurred before the date of the enact-
ment of this Act, if the person had no surviving spouse, 
but had one or more surviving children, and left a clear 
expression of intent regarding payment of the death gra-
tuity to another person on behalf of the surviving child 
or children in the manner authorized by subsection (d) of 
section 1477 of such title, as added by subsection (a)(3), 
it is the sense of Congress that the death gratuity should 
be distributed consistent with that expression of intent. 
Æ 
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