§1482a — Title 10 Armed Forces | U.S. Code

Summary

Can pay certain death-related costs when a federal civilian worker dies from injuries while serving with U.S. armed forces in a contingency operation or from a terrorist incident during that service. It can pay round-trip travel and allowances for one person to escort the remains to the authorized burial place. It also provides a U.S. flag to the next of kin and a second flag of the same size to the parents if someone other than a parent receives the first flag. The Secretary of Defense and the Secretary of Homeland Security must create mostly uniform rules to carry this out and may consider the death’s circumstances and the worker’s service. Definitions in one line: "civilian employee" = a federal worker (GS or similar pay); "contingency operation" = includes humanitarian and peacekeeping missions; "parent" = as defined elsewhere; "Secretary concerned" = includes the Defense Secretary for some DoD civilians.

Title 10, §1482a

Armed Forces — Source: USLM XML via OLRC

(a)The Secretary concerned may pay the expenses incident to the death of a civilian employee who dies of injuries incurred in connection with the employee’s service with an armed force in a contingency operation, or who dies of injuries incurred in connection with a terrorist incident occurring during the employee’s service with an armed force, as follows:

(1)Round-trip transportation and prescribed allowances for one person to escort the remains of the employee to the place authorized under section 5742(b)(1) of title 5.

(2)Presentation of a flag of the United States to the next of kin of the employee.

(3)Presentation of a flag of equal size to the flag presented under paragraph (2) to the parents or parent of the employee, if the person to be presented a flag under paragraph (2) is other than the parent of the employee.

(b)The Secretary of Defense shall prescribe regulations to implement this section. The Secretary of Homeland Security shall prescribe regulations to implement this section with regard to civilian employees of the Department of Homeland Security. Regulations under this subsection shall be uniform to the extent possible and shall provide for the Secretary’s consideration of the conditions and circumstances surrounding the death of an employee and the nature of the employee’s service with the armed force.

(c)In this section:

(1)The term “civilian employee” means a person employed by the Federal Government, including a person entitled to basic pay in accordance with the General Schedule provided in section 5332 of title 5 or a similar basic pay schedule of the Federal Government.

(2)The term “contingency operation” includes humanitarian operations, peacekeeping operations, and similar operations.

(3)The term “parent” has the meaning given such term in section 1482(e)(5)(A) of this title.

(4)The term “Secretary concerned” includes the Secretary of Defense with respect to employees of the Department of Defense who are not employees of a military department.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2011—Subsec. (c)(3). Pub. L. 111–383 substituted “section 1482(e)(5)(A)” for “section 1482(a)(11)”. 2002—Subsec. (b). Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” in two places. 1994—Pub. L. 103–337 substituted “civilian” for “Civilian” in section catchline.

Statutory Notes and Related Subsidiaries

Effective Date

of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.

Effective Date

Pub. L. 103–160, div. A, title III, § 368(c), Nov. 30, 1993, 107 Stat. 1634, provided that: “The

Amendments

made by this section [enacting this section] shall apply with respect to the payment of incidental expenses for civilian employees who die while serving in a contingency operation that occurs after the date of the enactment of this Act [Nov. 30, 1993].”

§1482a Expenses incident to death: civilian employees serving with an armed force

Summary

Title 10, §1482a

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Effective Date

Amendments

Citations & Metadata