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

FEDERAL · 10 U.S.C. · Chapter SUBCHAPTER II—DEATH BENEFITS

Death gratuity: members and employees dying outside the United States while assigned to intelligence duties

10 U.S.C. § 1489

ChapterSUBCHAPTER II—DEATH BENEFITS

This text of 10 U.S.C. § 1489 (Death gratuity: members and employees dying outside the United States while assigned to intelligence duties) is published on Counsel Stack Legal Research, covering United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

10 U.S.C. § 1489.

Text

(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

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(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

History

(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.)

Editorial Notes

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)".

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Bluebook (online)

10 U.S.C. § 1489, Counsel Stack Legal Research, https://law.counselstack.com/usc/10/1489.

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Editorial Notes

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