110 HR 1115 IH: To amend section 1477 of title 10, United States Code, to U.S. House of Representatives 2007-02-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 1st Session H. R. 1115 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.

Payment of death gratuity with respect to members of the Armed Forces without a surviving spouse who are survived by a minor child

(a)

Designation of intended recipient

Section 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 subsection (e); and (3)by inserting after subsection (c) the following 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 gratuity shall be paid to such parent, brother, or sister as designated by the person, whether in the full amount payable 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 title, the balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned 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 enactment 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 gratuity 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.