[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 659 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 659

 To amend section 1477 of title 10, United States Code, to provide for 
the payment of the death gratuity with respect to members of the Armed 
  Forces without a surviving spouse who are survived by a minor child.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 16, 2007

   Mr. Hagel introduced the following bill; which was read twice and 
              referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
 To amend section 1477 of title 10, United States Code, to provide for 
the payment of the death gratuity with respect to members of the Armed 
  Forces without a surviving spouse who are survived by a minor child.

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

SECTION 1. PAYMENT OF DEATH GRATUITY WITH RESPECT TO MEMBERS OF THE 
              ARMED FORCES WITHOUT A SURVIVING SPOUSE WHO ARE SURVIVED 
              BY A MINOR CHILD.

    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).''.
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