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10 U.S.C. § 1489Death gratuity: members and employees dying outside the United States while assigned to intelligence duties

submitted 46 years ago by Pub. L. 96-450 to r/title-10-ARMED-FORCES · 214 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary of Defense may pay a death gratuity to surviving dependents of certain disguised or clandestine intelligence personnel who die outside the United States from qualifying injuries.

(a) The Secretary of Defense may pay a gratuity to surviving dependents of a service member or Defense Department employee who: (1) either (A) is assigned to a Defense intelligence component and has a disguised or concealed identity as such a member or employee, or (B) is in a category the Secretary determines is engaged in clandestine intelligence activities; and (2) dies after October 14, 1980, from injuries other than disease sustained outside the United States, when the death either (A) results from hostile or terrorist activities or (B) occurs in connection with an intelligence activity involving a substantial risk. (b) The payment: (1) equals the person’s annual basic pay or salary at death; (2) is a gift and replaces any smaller death gratuity authorized by this chapter or another Federal law; and (3) is made under the conditions for payments under section 413 of the Foreign Service Act of 1980 (22 U.S.C. § 3973).
the actual law source: uscode.house.gov ↗public domain
(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).

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1980Enacted · Pub. L. 96-450 · 94 Stat. 1979
  • 1981Amended · Pub. L. 97-22 · 95 Stat. 138
  • 1983Amended · Pub. L. 98-94 · 97 Stat. 706
  • 1985Amended · Pub. L. 99-145 · 99 Stat. 739

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-450 on 1980-10-14.

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