S. 663Senate110th Congress (2007-2009)In Committee

A bill to amend title 10, United States Code, to repeal the statutory designation of beneficiaries of the $100,000 death gratuity under section 1477 of title 10, United States Code, and to permit members of the Armed Forces to designate in writing their beneficiaries of choice in the event of their death while serving on active duty.

Introduced February 16, 2007

Legislative Activity

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SenateIntro Referral Latest Action

Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S2172-2173)

February 16, 2007

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SenateIntro Referral

Introduced in Senate

February 16, 2007

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S2172)

February 16, 2007

SenateIntro Referral

Read twice and referred to the Committee on Armed Services. (text of measure as introduced: CR S2172-2173)

February 16, 2007

Floor Debate

9 members

What members said about S. 663 on the floor

4 Republicans5 Democrats
Ken Salazar
Sen. Ken SalazarD-CO · Feb 16, 2007

Mr. President, today I am introducing two bills that will help drive the renewable energy revolution that is currently underway in our rural communities. The Rural Community Renewable Energy Bonds…

Jack Reed
Sen. Jack ReedD-RI · Feb 16, 2007

Mr. President, I am pleased to join my colleague, Senator Roberts, along with Senators Kennedy, Burr, Murray, Clinton, Brown, Bingaman, Collins, Isakson, and Biden in introducing the Trauma Care…

Tom Harkin
Sen. Tom HarkinD-IA · Feb 16, 2007

Mr. President, today I am introducing legislation, the Training for Realtime Writers Act of 2007, on behalf of myself and my colleagues, Senators Grassley, Cochran, Dodd, Durbin, Kerry, Kohl, Murray,…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Feb 16, 2007

Mr. President, I rise today to co-sponsor the American National Red Cross Governance Modernization Act of 2007. This legislation, a product of close cooperation with my colleagues Senator Grassley…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Feb 16, 2007

Mr. President, I am pleased to re-introduce the Kinship Caregiver Support Act today with my friend and colleague, Senator Olympia Snowe. The growth of kinship care is a phenomenon that is quietly…

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John McCain
Sen. John McCainR-AZ · Feb 16, 2007

Mr. President, today I am introducing legislation to fix a serious problem that has recently come to light with respect to the administration of the so-called Death Gratuity. The legislation is…

John McCain
Sen. John McCainR-AZ · Feb 16, 2007

Mr. President, today I am introducing legislation to fix a serious problem that has recently come to light with respect to the administration of the so-called Death Gratuity. The legislation is…

Daniel K. Akaka
Sen. Daniel K. AkakaD-HI · Feb 16, 2007

Mr. President. I rise today with my distinguished colleagues Senators Harry Reid, Daniel Inouye, Barbara Boxer, Maria Cantwell, and Edward Kennedy to introduce a bill which will award special…

Christopher S. Bond
Sen. Christopher S. BondR-MO · Feb 16, 2007

Mr. President, I ask unanimous consent, on behalf of myself and Senator Hillary Rodham Clinton, that the text of the Education Begins at Home Act be printed in the Record.

Chuck Grassley
Sen. Chuck GrassleyR-IA · Feb 16, 2007

Mr. President, I ask unanimous consent that the text of The American National Red Cross Governance Modernization Act of 2007 be printed in the Record.

Bill Text

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Introduced in SenateIssued February 16, 2007

II

110th CONGRESS

1st Session

S. 663

IN THE SENATE OF THE UNITED STATES

February 16, 2007

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

A BILL

To amend title 10, United States Code, to repeal the statutory designation of beneficiaries of the $100,000 death gratuity under section 1477 of title 10, United States Code, and to permit members of the Armed Forces to designate in writing their beneficiaries of choice in the event of their death while serving on active duty.

1.

Modification of scheme for payment of death gratuity payable with respect to members of the Armed Forces

(a)

Findings

Congress makes the following findings:

(1)

The death gratuity authorized under sections 1475 to 1480 of title 10, United States Code, was intended, when originally enacted to provide an immediate cash payment to assist survivors of deceased members of the Armed Forces to meet their financial needs during the period immediately following a member's death and before other survivor benefits become available.

(2)

The death gratuity, when first implemented in 1908, amounted to six months of a service member's pay and, until 1991, could not exceed $3,000.

(3)

However, following the attacks of September 11, 2001, and the initiation of Operation Enduring Freedom and Operation Iraqi Freedom, Congress determined that the death benefits available to survivors of members of the Armed Forces should be substantially increased.

(4)

The National Defense Authorization Act for Fiscal Year 2006, which was enacted on January 6, 2006, as Public Law 109–163, increased the amount of the death gratuity to $100,000, effective retroactively to October 7, 2001.

(5)

Under section 1477 of title 10, United States Code, the law authorizing the death gratuity, those living relatives of deceased members of the Armed Forces who shall receive the death gratuity are specifically designated. Service members are not provided with the opportunity to make an election choosing a beneficiary other than those set forth in section 1477 of title 10, United States Code.

(6)

The increased death gratuity, in combination with benefits available under the Servicemembers' Group Life Insurance program, the Survivor Benefit Plan, and Dependency and Indemnity Compensation provide significant support and compensation to the next of kin of deceased members of the Armed Forces. Individual members are best qualified to determine who the beneficiaries for death benefits should be and should be afforded the opportunity to make these selections at appropriate times throughout military service and particularly prior to mobilization or deployment to a combat zone.

(7)

Under the current system, many members of the Armed Forces have designated individuals as beneficiaries for the death gratuity in a manner not provided for by law. In these cases, the wishes of these members regarding the disposition of the death gratuity has in many cases not been implemented, to the detriment of their children and other loved ones.

(b)

Sense of congress

It is the sense of Congress that all members of the Armed Forces should be given the opportunity to affirmatively select who shall receive the death gratuity and that the Secretary of Defense and the Secretaries of the military departments should take prompt action to afford members the opportunity to make an election in writing about the disposition of the death gratuity proceeds and to provide appropriate and timely counseling about the manner in which the proceeds of the death gratuity and other forms of insurance will be administered.

(c)

Modification

(1)

In general

Subsection (a) of section 1477 of title 10, United States Code, is amended by striking all that follows on the following list: and inserting the following:

(1)

To any individual designated by the person in writing.

(2)

If there is no person so designated, to the surviving spouse of the person.

(3)

If there is none of the above, to the children (as prescribed by subsection (b)) of the person and the descendants of any deceased children by representation.

(4)

If there is none of the above, to the parents (as prescribed by subsection (c)) of the person or the survivor of them.

(5)

If there is none of the above, to the duly appointed executor or administrator of the estate of the person.

(6)

If there is none of the above, to other next of kin of the person entitled under the laws of domicile of the person at the time of the person's death.

.

(2)

Conforming amendments

Such section is further amended—

(A)

in subsection (b), by striking Subsection (a)(2) in the matter preceding paragraph (1) and inserting Subsection (a)(3);

(B)

by striking (c) and inserting the following new subsection (c):

(c)

For purposes of subsection (a)(4), parents include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered a status described in section 1475 or 1476 of this title.

; and

(C)

by striking subsection (d).

(3)

Effective date

The amendments made by this subsection shall take effect on the date of the enactment of this Act.

(4)

Applicability

Notwithstanding paragraph (3), the provisions of section 1477 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act, shall continue to apply to each member of the Armed Forces covered by such section until the earlier of the following—

(A)

the date on which such member makes the designation contemplated by paragraph (1) of section 1477(a) of such title (as amended by paragraph (1) of this subsection); or

(B)

January 1, 2008.

(d)

Regulations

(1)

In general

Not later than April 1, 2007, the Secretary of Defense shall prescribe regulations to implement the amendments to section 1477 of title 10, United States Code, made by subsection (c).

(2)

Elements

The regulations required by paragraph (1) shall include forms for the making of the designation contemplated by paragraph (1) of section 1477(a) of title 10, United States Code (as amended by subsection (c)), and instructions for members of the Armed Forces in the filling out of such forms.