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Managing America: Military

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Week Ending July 27, 2006

H.CON.RES.175 Expressing the sense of Congress that courts with fiduciary responsibility for a child of a deceased member of the Armed Forces who receives a death gratuity payment under section 1477 of title 10, United States Code, should take into consideration the expression of clear intent of the member regarding the distribution of funds on behalf of the child.

The death gratuity of fallen military personnel is usually granted to the spouse and any children but can be assigned when there are children but no spouse to another designated individual who will care for the children. This resolution expresses the sense of Congress that courts deciding the matter should ‘take into consideration the expression of clear intent of the member regarding the distribution of funds on behalf of the child.’

Sponsor:  Rep. Tom Latham (R-

Vote: Passed House by voice vote July 23, 2007

Cost to the taxpayers: No discernible cost

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Whereas the death gratuity payable under section 1477 of title 10, United States Code, upon the death of a member of the Armed Forces, is intended to provide funds to meet the immediate needs of the survivors of the deceased member;

Whereas such section designates the surviving spouse and any children of a deceased member as the highest and second highest priority, respectively, to receive the death gratuity payment; and

Whereas a member with a child or children, but no spouse, usually designates another individual to be responsible for that child or children and may express a desire that such individual receive the death gratuity payment on behalf of the child or children: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that courts with fiduciary responsibility for a child of a deceased member of the Armed Forces who receives a death gratuity payment under section 1477 of title 10, United States Code, should take into consideration the expression of clear intent of the member regarding the distribution of funds on behalf of the child.

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