II 110th CONGRESS 1st Session S. 659 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.

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). .