10-U.S.C.-1489
§1489 – Death Gratuity: Members and Employees Dying Outside The United States While Assigned to Intelligence Duties
Pathway
Title 10 > Subtitle A > Part II > Chapter 75 > Subchapter II > Section 1489
Details
- Reference: Section 1489
- Legend: §1489 – Death Gratuity: Members and Employees Dying Outside The United States While Assigned to Intelligence Duties
- USCode Year: 2013
Provision Content
(a) The Secretary of Defense may pay a gratuity to the surviving dependents of any member of the armed forces or of any employee of the Department of Defense—
(1) who—
(A) is assigned to duty with an intelligence component of the Department of Defense and whose identity as such a member or employee is disguised or concealed; or
(B) is within a category of individuals determined by the Secretary of Defense to be engaged in clandestine intelligence activities; and
(2) who after October 14, 1980 dies as a result of injuries (excluding disease) sustained outside the United States and whose death—
(A) resulted from hostile or terrorist activities; or
(B) occurred in connection with an intelligence activity having a substantial element of risk.
(b) Any payment under subsection (a)—
(1) shall be in an amount equal to the amount of the annual basic pay or salary of the member or employee concerned at the time of death;
(2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by this chapter or any other Federal law; and
(3) shall be made under the same conditions as apply to payments authorized by section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973).
(Added Pub. L. 96–450, title IV, §403(b)(1), Oct. 14, 1980, 94 Stat. 1979; amended Pub. L. 97–22, §11(a)(6), July 10, 1981, 95 Stat. 138; Pub. L. 98–94, title XII, §1268(9), Sept. 24, 1983, 97 Stat. 706; Pub. L. 99–145, title XIII, §1303(a)(12), Nov. 8, 1985, 99 Stat. 739.)
Amendments
1985—Subsec. (a). Pub. L. 99–145 substituted armed forces for Armed Forces.
1983—Subsec. (a)(2). Pub. L. 98–94 substituted October 14, 1980 for the date of the enactment of this section.
1981—Subsec. (b)(3). Pub. L. 97–22 substituted section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973) for section 14 of the Act of August 1, 1956 (22 U.S.C. 2679a).
U.S. Encyclopedia of Law Coverage
10-U.S.C.-1489 in the Legal Encyclopedia: General Military Law
In this entry about 10-U.S.C.-1489, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.
Title 10 – Armed Forces in the Legal Encyclopedia: Deceased
In this entry about Title 10 – Armed Forces, find legal reference material, bibliographies and premiere content related to deceased in the American Encyclopedia of Law, presenting a comprehensive view of the United States deceased-specific issues, written by authorities in the field.
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