Honoring Every Requirement of Exemplary Service Act of 2005 or HEROES Act of 2005 - Increases from $12,000 to $100,000 the death gratuity payable to the survivors of members of the Armed Forces who die: (1) as a direct result of armed conflict; (2) while engaged in hazardous service; (3) in the performance of duty under conditions simulating war; (4) through an instrumentality of war; or (5) in an operation or area designated as a combat operation or a combat zone.
Requires the Secretary of the military department concerned to pay an additional death gratuity of $238,000 for a member of the Armed Forces who died before the date of enactment of this Act as a direct result of one or more wounds, injuries, or illnesses that were: (1) incurred in the theater of operations of Operation Enduring Freedom or Operation Iraqi Freedom; or (2) as a direct result of armed conflict, while engaged in hazardous service, in the performance of duty under conditions simulating war, or through an instrumentality of war on or after October 7, 2001.
Increases the maximum amount of life insurance coverage for a member of the armed forces under servicemembers' group life insurance. Provides for $150,000 additional life insurance with no deductible due from the member for combat-related deaths. Requires spousal approval for a member to elect not to have life insurance coverage or have less than the maximum amount allowable.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 77 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 77
To amend titles 10 and 38, United States Code, to improve death
benefits for the families of deceased members of the Armed Forces, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24, 2005
Mr. Sessions (for himself and Mr. Lieberman) introduced the following
bill; which was read twice and referred to the Committee on Armed
Services
_______________________________________________________________________
A BILL
To amend titles 10 and 38, United States Code, to improve death
benefits for the families of deceased members of the Armed Forces, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Honoring Every Requirement of
Exemplary Service Act of 2005'' or the ``HEROES Act of 2005''.
SEC. 2. DEATH GRATUITY ENHANCEMENTS.
(a) Deaths From Combat-Related Causes or Causes Incurred in
Designated Operations or Areas.--
(1) Amount.--Section 1478 of title 10, United States Code,
is amended--
(A) in subsection (a), by inserting ``, except as
provided in subsection (c)'' after ``$12,000'';
(B) by redesignating subsection (c) as subsection
(d); and
(C) by inserting after subsection (b) the following
new subsection (c):
``(c) The death gratuity payable under sections 1475 through 1477
of this title is $100,000 (as adjusted under subsection (d)) in the
case of a death resulting from wounds, injuries, or illnesses that
are--
``(1) incurred as described in section 1413a(e)(2) of title
10; or
``(2) incurred in an operation or area designated as a
combat operation or a combat zone, respectively, by the
Secretary of Defense under section 1967(e)(1)(A) of title
38.''.
(2) Increases consistent with increases in rates of basic
pay.--Subsection (d) of such section, as redesignated by
paragraph (1)(B), is amended by striking ``amount of the death
gratuity in effect under subsection (a)'' and inserting
``amounts of the death gratuities in effect under subsections
(a) and (c)''.
(3) Conforming amendment.--Subsection (a) of such section,
as amended by paragraph (1) of this subsection, is further
amended by striking ``(as adjusted under subsection (c))'' and
inserting ``(as adjusted under subsection (d))''.
(b) Additional Gratuity for Deaths Before Effective Date.--
(1) Requirement to pay additional gratuity.--
(A) In the case of a member of the Armed Forces
described in subparagraph (B), the Secretary of the
military department concerned shall pay a death
gratuity in accordance with this subsection that is in
addition to the death gratuity payable in the case of
such death under sections 1475 through 1477 of title
10, United States Code.
(B) The requirements of this subsection apply in
the case of a member of the Armed Forces who died
before the date of the enactment of this Act as a
direct result of one or more wounds, injuries, or
illnesses that--
(i) were incurred in the theater of
operations of Operation Enduring Freedom or
Operation Iraqi Freedom; or
(ii) were incurred as described in section
1413a(e)(2) of title 10, United States Code, on
or after October 7, 2001.
(2) Amount.--The amount of the additional death gratuity is
$238,000.
(3) Beneficiaries.--The beneficiary or beneficiaries who
are entitled under section 1477 of title 10, United States
Code, to receive payment of the regular military death gratuity
in the case of the death of a member referred to in paragraph
(2) shall be entitled to receive the additional death gratuity
payable in such case. If there are two or more such
beneficiaries, the portion of the total amount of the
additional death gratuity payable to a beneficiary in such case
shall be the amount that bears the same ratio to the total
amount of the additional death gratuity under paragraph (2) as
the amount of the share of the regular military death gratuity
payable to that beneficiary bears to the total amount of the
regular military death gratuity payable to all such
beneficiaries in such case.
(4) Definitions.--In this subsection:
(A) The term ``additional death gratuity'' means
the death gratuity provided under paragraph (1).
(B) The term ``regular military death gratuity'',
means a death gratuity payable under sections 1475
through 1477 of title 10 United States Code.
SEC. 3. SERVICEMEMBERS' GROUP LIFE INSURANCE ENHANCEMENTS.
(a) Increased Maximum Amount Under Servicemembers' Group Life
Insurance.--Section 1967 of title 38, United States Code, is amended--
(1) in subsection (a)(3)(A), by striking clause (i) and
inserting the following new clause:
``(i) In the case of a member--
``(I) $400,000 or such lesser amount as the member
may elect;
``(II) in the case of a member covered by
subsection (e), the amount provided for or elected by
the member under subclause (I) plus the additional
amount of insurance provided for the member by
subsection (e); or
``(III) in the case of a member making an election
under paragraph (2)(A) not to be insured under this
subchapter, the amount of insurance provided for the
member by subsection (e).''; and
(2) in subsection (d), by striking ``$250,000'' and
inserting ``$400,000''.
(b) Additional Amount for Members Serving in Certain Areas or
Operations.--
(1) Increased amount.--Section 1967 of such title is
further amended--
(A) by redesignating subsection (e) as subsection
(g); and
(B) by inserting after subsection (d) the following
new subsection (e):
``(e)(1) A member covered by this subsection is any member as
follows:
``(A) Any member who dies as a result of one or more
wounds, injuries, or illnesses incurred while serving in an
operation or area that the Secretary designates, in writing, as
a combat operation or a zone of combat, respectively, for
purposes of this subsection.
``(B) Any member who formerly served in an operation or
area so designated and whose death is determined (under
regulations prescribed by the Secretary of Defense) to be the
direct result of injury or illness incurred or aggravated while
so serving.
``(2) The additional amount of insurance under this subchapter that
is provided for a member by this subsection is $150,000, except that in
a case in which the amount provided for or elected by the member under
subclause (I) of subsection (a)(3)(A) exceeds $250,000, the additional
amount of insurance under this subchapter that is provided for the
member by this subsection shall be reduced to such amount as is
necessary to comply with the limitation in paragraph (3).
``(3) The total amount of insurance payable for a member under this
subchapter may not exceed $400,000.
``(4) While a member is serving in an operation or area designated
as described in paragraph (1), the cost of insurance of the member
under this subchapter that is attributable to $150,000 of insurance
coverage shall be contributed as provided in section 1969(b)(2) of this
title and may not be deducted or withheld from the member's pay.''.
(2) Funding.--Section 1969(b) of such title is amended--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following new
paragraph:
``(2) For each month for which a member insured under this
subchapter is serving in an operation or area designated as described
by paragraph (1)(A) of section 1967(e) of this title, there shall be
contributed from the appropriation made for active duty pay of the
uniformed service concerned an amount determined by the Secretary and
certified to the Secretary concerned to be the cost of Servicemembers'
Group Life Insurance which is traceable to the cost of providing
insurance for the member under section 1967 of this title in the amount
of $150,000.''.
(c) Conforming Amendment.--Section 1967(a)(2)(A) of such title is
amended by inserting before the period at the end the following: ``,
except for insurance provided under paragraph (3)(A)(i)(III)''.
(d) Coordination With VGLI.--Section 1977(a) of such title is
amended--
(1) by striking ``$250,000'' each place it appears and
inserting ``$400,000''; and
(2) by adding at the end of paragraph (1) the following new
sentence: ``Any additional amount of insurance provided a
member under section 1967(e) of this title may not be treated
as an amount for which Veterans' Group Life Insurance shall be
issued under this section.''.
(e) Requirements Regarding Elections of Members to Reduce or
Decline Insurance.--Section 1967(a) of such title is further amended--
(1) in paragraph (2), by adding at the end the following
new subparagraph:
``(C) Pursuant to regulations prescribed by the Secretary of
Defense, notice of an election of a member not to be insured under this
subchapter, or to be insured under this subchapter in an amount less
than the maximum amount provided under paragraph (3)(A)(i)(I), shall be
provided to the spouse of the member.''; and
(2) in paragraph (3)--
(A) in the matter preceding clause (i), by striking
``and (C)'' and inserting ``, (C), and (D)''; and
(B) by adding at the end the following new
subparagraphs:
``(D) A member with a spouse may not elect not to be insured under
this subchapter, or to be insured under this subchapter in an amount
less than the maximum amount provided under subparagraph (A)(i)(I),
without the written consent of the spouse.''.
(f) Requirement Regarding Redesignation of Beneficiaries.--Section
1970 of such title is amended by adding at the end the following new
subsection:
``(j) A member with a spouse may not modify the beneficiary or
beneficiaries designated by the member under subsection (a) without the
written consent of the spouse.''.
(g) Effective Date.--This section and the amendments made by this
section shall take effect on the first day of the first month that
begins more than 90 days after the date of the enactment of this Act.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S253)
Read twice and referred to the Committee on Armed Services.
Sponsor introductory remarks on measure. (CR S550-551)
Message on Senate action sent to the House.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line