118 STAT. 1959 PUBLIC LAW 108–375—OCT. 28, 2004 on active duty that includes, at a minimum, an additional death gratuity in the amount that— (A) in the case of a member not described in subpara graph (B), is equal to the sum of— (i) the total amount of the basic pay to which the deceased member would have been entitled under section 204 of title 37, United States Code, if the member had not died and had continued to serve on active duty for an additional year; and (ii) the total amount of all allowances and special pays that the member would have been entitled to receive under title 37, United States Code, over the one year period beginning on the member’s date of death as if the member had not died and had continued to serve on active duty for an additional year with the unit to which the member was assigned or detailed on such date; and (B) in the case of a member who dies as a result of an injury caused by or incurred while exposed to hostile action (including any hostile fire or explosion and any hostile action from a terrorist source), is equal to twice the amount calculated under subparagraph (A). (3) Any other new death benefits or enhancement of existing death benefits that the President recommends. (4) Retroactive applicability of the benefits referred to in paragraph (2) and, as appropriate, the benefits recommended under paragraph (3) so as to provide the benefits— (A) for members of the uniformed services who die in line of duty on or after October 7, 2001, of a cause incurred or aggravated while deployed in support of Oper ation Enduring Freedom; and (B) for members of the uniformed services who die in line of duty on or after March 19, 2003, of a cause incurred or aggravated while deployed in support of Oper ation Iraqi Freedom. (d) CONSULTATION.—The President shall consult with the Sec retary of Defense and the Secretary of Veterans Affairs in devel oping the assessments and recommendations required under sub section (c). (e) FISCAL YEAR 2006 BUDGET SUBMISSION.—The budget for fiscal year 2006 that is transmitted to Congress under section 1105(a) of title 31, United States Code, shall include assessments and recommendations on legislation (other than draft appropria tions) that includes provisions that, on the basis of the assumption that any draft legislation transmitted under subsection (c) would be enacted and would take effect in fiscal year 2006— (1) would offset fully the increased outlays that would result from enactment of the provisions of any draft legislation transmitted under subsection (c), for fiscal year 2006 and each of the succeeding nine fiscal years; (2) expressly state that they are proposed for the purpose of the offset described in paragraph (1); and (3) are included in full in the estimates that are made by the Director of the Congressional Budget Office and the Director of the Office of Management and Budget under section 252(d) of the Balanced Budget and Emergency Deficit Control President.
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