Authority to provide travel and transportation allowances in connection with transfer ceremonies of certain civilian employees who die overseas

10 U.S.C. § 1492

• Title: 10 — Armed Forces
• Chapter: SUBCHAPTER II—DEATH BENEFITS

Text

(a) Authority.—A covered official may treat a covered relative of a covered employee under the jurisdiction of that covered official in the same manner the Secretary of a military department treats, under section 481f(d) 1 of title 37, next of kin and family members of a member of the armed forces who dies while located or serving overseas.
(b) Definitions.—In this section:
(1) The term "covered employee" means a civilian employee—
(A) under the jurisdiction of a covered official; and
(B) who dies while located or serving overseas.
(2) The term "covered official" means—
(A) the Secretary of the military department concerned; and
(B) the head of a Defense Agency or Department of Defense Field Activity.
(3) The term "covered relative" means—
(A) the primary next of kin of the covered employee;
(B) two family members (other than primary next of kin) of the covered employee; and
(C) one or more additional family members of the covered employee, at the discretion of the Secretary a sibling of the covered employee.

History

(Added Pub. L. 116–283, div. A, title XI, §1104(a)(1), Jan. 1, 2021, 134 Stat. 3889.)

Editorial Notes

Editorial Notes

References in Text
Section 481f of title 37, referred to in subsec. (a), was repealed by Pub. L. 117–81, div. A, title VI, §604(a), Dec. 27, 2021, 135 Stat. 1767.

Editorial Notes

Amendments
2014—Pub. L. 113–291, div. A, title IX, §916(f)(2), Dec. 19, 2014, 128 Stat. 3479, added item 1501a and substituted "Program to resolve missing person cases" for "Program to resolve preenactment missing person cases" in item 1509.
2009—Pub. L. 111–84, div. A, title V, §541(b), Oct. 28, 2009, 123 Stat. 2298, substituted "Program to resolve preenactment missing person cases" for "Preenactment cases" in item 1509.
1996—Pub. L. 104–201, div. A, title V, §578(f)(2)(B), Sept. 23, 1996, 110 Stat. 2537, struck out ", special interest" after "Preenactment" in item 1509.

Statutory Notes and Related Subsidiaries

Determination and Reporting of Members Missing, Absent Unknown, Absent Without Leave, and Duty Status-Whereabouts Unknown
Pub. L. 117–81, div. A, title V, §548, Dec. 27, 2021, 135 Stat. 1714, provided that:
"(a) Comprehensive Review of Missing Persons Reporting.—The Secretary of Defense shall instruct each Secretary of a military department to perform a comprehensive review of the policies and procedures of the military department concerned to determine and report a member of an Armed Force under the jurisdiction of such Secretary of a military department as missing, absent unknown, absent without leave, or duty status-whereabouts unknown.
"(b) Review of Installation-level Procedures.—In addition to such other requirements as may be set forth by the Secretary of Defense pursuant to subsection (a), each Secretary of a military department shall, with regard to the military department concerned—
"(1) direct each commander of a military installation, including any tenant command or activity present on such military installation, to review policies and procedures for carrying out the determination and reporting activities described in subsection (a); and
"(2) update such installation-level policies and procedures, including any tenant command or activity policies and procedures, to improve force protection, enhance security for members living on the military installation, and promote reporting at the earliest practicable time to local law enforcement (at all levels) and Federal law enforcement field offices with overlapping jurisdiction with that installation, when a member is determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown.
"(c) Installation-specific Reporting Protocols.—
"(1) In general.—Each commander of a military installation shall establish a protocol applicable to all persons and organizations present on the military installation, including tenant commands and activities, for sharing information with local and Federal law enforcement agencies about members who are missing, absent-unknown, absent without leave, or duty status-whereabouts unknown. The protocol shall provide for the immediate entry regarding the member concerned in the Missing Persons File of the National Crimes Information Center data and for the commander to immediately notify all local law enforcement agencies with jurisdictions in the immediate area of the military installation, when the status of a member assigned to such installation has been determined to be missing, absent unknown, absent without leave, or duty status-whereabouts unknown.
"(2) Reporting to military installation command.—Each commander of a military installation shall submit the protocol established pursuant to paragraph (1) to the Secretary of the military department concerned.
"(d) Report Regarding National Guard.—Not later than June 1, 2022, the Secretary of Defense shall submit, to the Committees on Armed Services of the Senate and House of Representatives, a report on the feasibility of implementing subsections (a), (b), and (c), with regards to facilities of the National Guard. Such report shall include recommendations of the Secretary, including a proposed timeline for implementing the provisions of such subsections that the Secretary determines feasible."