§1489 — Title 10 Armed Forces | U.S. Code

Summary

The Secretary of Defense may pay a death gratuity to the surviving dependents of a DoD member or employee who is assigned to a DoD intelligence unit with a hidden role, or who is in a group the Secretary says does clandestine intelligence work, and who, after October 14, 1980, dies from injuries (not disease) suffered outside the United States because of hostile or terrorist action or while taking part in a risky intelligence activity. The payment must equal the person’s annual basic pay or salary at the time of death. It is treated as a gift and replaces any smaller death payment allowed by this chapter or other federal law. The payment is made under the same rules as section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973).

Title 10, §1489

Armed Forces — Source: USLM XML via OLRC

(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).

Notes & Related Subsidiaries

Editorial Notes

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)”.

§1489 Death Gratuity: Members and Employees Dying Outside the United States While Assigned to Intelligence Duties

Summary

Title 10, §1489

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata