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10 U.S.C. § 1475 — Death gratuity: death of members on active duty or inactive duty training and of certain other persons
Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in [section 1480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1480&num=0&edition=prelim), the Secretary concerned shall have a death gratuity paid to or for the survivor prescribed by [section 1477 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1477&num=0&edition=prelim), immediately upon receiving official notification of the death of—
(1) a member of an armed force under his jurisdiction who dies while on active duty or while performing authorized travel to or from active duty;
(2) a Reserve of an armed force who dies while on inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service);
(3) any Reserve of an armed force who, when authorized or required by an authority designated by the Secretary, assumed an obligation to perform active duty for training, or inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution, under the sponsorship of an armed force or the Public Health Service), and who dies while traveling directly to or from that active duty for training or inactive duty training or while staying at the Reserve’s residence, when so authorized by proper authority, during the period of such inactive duty training or between successive days of inactive duty training;
(4) any member of a reserve officers’ training corps who dies while performing annual training duty under orders, or while performing authorized travel to or from that annual tra
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Stable record: federal_law:legal_authorities:record_usc_52333a43f9b5373b66056bc7
Source file: Laws/federal/codes/united-states-code/title-10/section-1475-death-gratuity-death-of-members-on-active-duty-or-inactive-duty-training--e4bb567f57.md
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Passage SHA-256: 1362dcf25e4f0ee74fb090c05c8a74bc3726978f5b8a789418984c9e60c87025
Source location: Title 10, Chapter 75, § 1475; chapter-075-deceased-personnel.md
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**(a)** Except as provided in [section 1480 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1480&num=0&edition=prelim), the Secretary concerned shall have a death gratuity paid to or for the survivor prescribed by [section 1477 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1477&num=0&edition=prelim), immediately upon receiving official notification of the death of—
(1) a member of an armed force under his jurisdiction who dies while on active duty or while performing authorized travel to or from active duty;
(2) a Reserve of an armed force who dies while on inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service);
(3) any Reserve of an armed force who, when authorized or required by an authority designated by the Secretary, assumed an obligation to perform active duty for training, or inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution, under the sponsorship of an armed force or the Public Health Service), and who dies while traveling directly to or from that active duty for training or inactive duty training or while staying at the Reserve’s residence, when so authorized by proper authority, during the period of such inactive duty training or between successive days of inactive duty training;
(4) any member of a reserve officers’ training corps who dies while performing annual training duty under orders, or while performing authorized travel to or from that annual training duty; or any applicant for membership in a reserve officers’ training corps who dies while attending field training or a practice cruise under [section 2104(b)(6)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section2104/b/6/B&num=0&edition=prelim) or while performing authorized travel to or from the place where the training or cruise is conducted; or a graduate of a reserve officers’ training corps who has received a commission but has yet to receive a first duty assignment; or
(5) a person who dies while traveling to or from or while at a place for final acceptance, or for entry upon active duty (other than for training), in an armed force, who has been ordered or directed to go to that place, and who—
(A) has been provisionally accepted for that duty; or
(B) has been selected, under the Military Selective Service Act ([50 U.S.C. 3801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3801&num=0&edition=prelim) et seq.), for service in that armed force.
**(b)** This section does not apply to the survivors of persons who were temporary members of the Coast Guard Reserve at the time of their death.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provisions made applicable to the corps** The rules of law that apply to the Armed Forces under the following provisions of title 10, as those provisions are in effect from time to time, apply also to the commissioned officer corps of the Administration:
(1) Chapter 40, relating to leave.
(2) Section 533(b), relating to constructive service.
(3) Section 716, relating to transfers between the armed forces and to and from National Oceanic and Atmospheric Administration.
(4) Section 771, relating to unauthorized wearing of uniforms.
(5) Section 774, relating to wearing religious apparel while in uniform.
(6) Section 982, relating to service on State and local juries.
(7) Section 1031, relating to administration of oaths.
(8) Section 1034, relating to protected communications and prohibition of retaliatory personnel actions.
(9) Section 1035, relating to deposits of savings.
(10) Section 1036, relating to transportation and travel allowances for escorts for dependents of members.
(11) Section 1052, relating to reimbursement for adoption expenses.
(12) Section 1074n, relating to annual mental health assessments.
(13) Section 1090a, relating to referrals for mental health evaluations.
(14) Chapter 58, relating to the benefits and services for members being separated or recently separated.
(15) Section 1174a, relating to special separation benefits (except that benefits under subsection (b)(2)(B) of such section are subject to the availability of appropriations for such purpose and are provided at the discretion of the Secretary of Commerce).
(16) Chapter 61, relating to retirement or separation for physical disability.
(17) Section 1251(e), relating to retirement or separation based on years of creditable service.
(18) Chapter 69, relating to retired g
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Under joint regulations prescribed by the administering Secretaries, the following persons are entitled to the benefits described in subsection (b):
(1) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease in the line of duty while performing—
(A) active duty for a period of 30 days or less;
(B) inactive-duty training; or
(C) service on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim).
(2) Each member of a uniformed service who incurs or aggravates an injury, illness, or disease while traveling directly to or from the place at which that member is to perform or has performed—
(A) active duty for a period of 30 days or less;
(B) inactive-duty training; or
(C) service on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim).
(3) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before the commencement of inactive-duty training, or while remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training.
(4) Each member of the armed forces who incurs or aggravates an injury, illness, or disease in the line of duty while remaining overnight immediately before serving on fu
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1074a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This Act may be cited as the “Military Selective Service Act”.
**(b)** The Congress declares that an adequate armed strength must be achieved and maintained to insure the security of this Nation.
**(c)** The Congress further declares that in a free society the obligations and privileges of serving in the armed forces and the reserve components thereof should be shared generally, in accordance with a system of selection which is fair and just, and which is consistent with the maintenance of an effective national economy.
**(d)** The Congress further declares, in accordance with our traditional military policy as expressed in the National Defense Act of 1916, as amended, that it is essential that the strength and organization of the National Guard, both Ground and Air, as an integral part of the first line defenses of this Nation, be at all times maintained and assured.To this end, it is the intent of the Congress that whenever Congress shall determine that units and organizations are needed for the national security in excess of those of the Regular components of the Ground Forces and the Air Forces, and those in active service under this chapter, the National Guard of the United States, both Ground and Air, or such part thereof as may be necessary, together with such units of the Reserve components as are necessary for a balanced force, shall be ordered to active Federal service and continued therein so long as such necessity exists.
**(e)** The Congress further declares that adequate provision for national security requires maximum effort in the fields of scientific research and development, and the fullest possible utilization of the Nation’s technological, scientific, and other critical manpower resources.
**(f)** The Congress further declares that the S
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3801
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Designation of Recipients.—**
(1) On and after July 1, 2008, or such earlier date as the Secretary of Defense may prescribe, a person covered by section 1475 or 1476 of this title may designate one or more persons to receive all or a portion of the amount payable under [section 1478 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1478&num=0&edition=prelim). The designation of a person to receive a portion of the amount shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount of the death gratuity, if any, shall be paid in accordance with subsection (b).
(2) If a person covered by section 1475 or 1476 of this title has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under [section 1478 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1478&num=0&edition=prelim), the Secretary concerned shall provide notice of the designation to the spouse.
**(b) Distribution of Remainder; Distribution in Absence of Designated Recipient.—** If a person covered by section 1475 or 1476 of this title does not make a designation under subsection (a) or designates only a portion of the amount payable under [section 1478 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1478&num=0&edition=prelim), the amount of the death gratuity not covered by a designation shall be paid as follows:
(1) To the surviving spouse of the person, if any.
(2) If there is no surviving spouse, to any surviving children (as prescribed by subsection (d)) of the person and the descendants of any deceased children by representation.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1477
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Federal law — U.S. Code and appendices · legal_authorities
(1) **Sense of Congress** — It is the sense of Congress that the Federal air marshal program is critical to aviation security.
(2) **Limitation on statutory construction** — Nothing in this chapter, including any amendment made by this chapter, shall be construed as preventing the Under Secretary of Transportation for Security from implementing and training Federal air marshals.
Source: Supplied U.S. Code snapshot — release unconfirmed · 6 U.S.C. § 542
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Rights, privileges, immunities, and benefits accorded to commissioned officers or their survivors** Except as provided in subsection (b), commissioned officers of the Service and their surviving beneficiaries shall, with respect to active service performed by such officers—
(1) in time of war;
(2) on detail for duty with the Army, Navy, Air Force, Marine Corps, or Coast Guard; or
(3) while the Service is part of the military forces of the United States pursuant to Executive order of the President;
be entitled to all rights, privileges, immunities, and benefits now or hereafter provided under any law of the United States in the case of commissioned officers of the Army or their surviving beneficiaries on account of active military service, except retired pay and uniform allowances.
**(b) Award of decorations** The President may prescribe the conditions under which commissioned officers of the Service may be awarded military ribbons, medals, and decorations.
**(c) Authority of Surgeon General** The authority vested by law in the Department of the Army, the Secretary of the Army, or other officers of the Department of the Army with respect to rights, privileges, immunities, and benefits referred to in subsection (a) shall be exercised, with respect to commissioned officers of the Service, by the Surgeon General.
**(d) Active service deemed active military service with respect to laws administered by Secretary of Veterans Affairs** Active service of commissioned officers of the Service shall be deemed to be active military service in the Armed Forces of the United States for the purposes of all laws administered by the Secretary of Veterans Affairs (except the Servicemen’s Indemnity Act of 1951) and [section 417 of this title](https://uscode.house.gov/view.xhtml
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 213a
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** A payment may not be made under sections 1475–1477 of this title if the decedent was put to death as lawful punishment for a crime or a military offense, unless he was put to death by a hostile force with which the armed forces of the United States were engaged in armed conflict.
**(b)** A payment may not be made under section 1476 unless the Secretary of Veterans Affairs determines that the decedent was discharged or released, as the case may be, under conditions other than dishonorable from the last period of the duty or training that he performed.
**(c)** For the purposes of [section 1475(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1475/a/3&num=0&edition=prelim), the Secretary concerned shall determine whether the decedent was authorized or required to perform the duty or training and whether or not he died from injury so incurred. For the purposes of [section 1476 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1476&num=0&edition=prelim), the Secretary of Veterans Affairs shall make those determinations. In making those determinations, the Secretary concerned or the Secretary of Veterans Affairs, as the case may be, shall consider—
(1) the hour on which the Reserve began to travel directly to or from the duty or training;
(2) the hour at which he was scheduled to arrive for, or at which he ceased performing, that duty or training;
(3) the method of travel used;
(4) the itinerary;
(5) the manner in which the travel was performed; and
(6) the immediate cause of death.
In cases covered by this subsection, the burden of proof is on the claimant.
**(d)** Payments under sections 1475–1477 of this title shall be made from appropriations available for the payment
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Secretary concerned may provide for the recovery, care, and disposition of the remains of the following persons:
(1) Any Regular of an armed force under his jurisdiction who dies while on active duty.
(2) A member of a reserve component of an armed force who dies while—
(A) on active duty;
(B) performing inactive-duty training;
(C) performing authorized travel directly to or from active duty or inactive-duty training;
(D) remaining overnight immediately before the commencement of inactive-duty training, or remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training;
(E) staying at the member’s residence, when so authorized by proper authority, during a period of inactive duty training or between successive days of inactive duty training;
(F) hospitalized or undergoing treatment for an injury, illness, or disease incurred or aggravated while on active duty or performing inactive-duty training; or
(G) either—
(i) serving on funeral honors duty under [section 12503 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section12503&num=0&edition=prelim) or [section 115 of title 32](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title32-section115&num=0&edition=prelim);
(ii) traveling directly to or from the place at which the member is to so serve; or
(iii) remaining overnight at or in the vicinity of that place before so serving, if the place is outside reasonable commuting distance from the member’s residence.
(3) Repealed. Pub. L. 99–661, div. A, title VI, § 604(e)(3)(B), Nov. 14, 1986, 100 Stat. 3877.]
(4) Any member of, or applicant for membership in, a reserve officers’ training corps who dies wh
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1481
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In General.—** The following definitions apply in this title:
(1) The term “United States”, in a geographic sense, means the States and the District of Columbia.
(2) Repealed. Pub. L. 109–163, div. A, title X, § 1057(a)(1), Jan. 6, 2006, 119 Stat. 3440.]
(3) The term “possessions” includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.
(4) The term “armed forces” means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
(5) The term “uniformed services” means—
(A) the armed forces;
(B) the commissioned corps of the National Oceanic and Atmospheric Administration; and
(C) the commissioned corps of the Public Health Service.
(6) The term “department”, when used with respect to a military department, means the executive part of the department and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of the department. When used with respect to the Department of Defense, such term means the executive part of the department, including the executive parts of the military departments, and all field headquarters, forces, reserve components, installations, activities, and functions under the control or supervision of the Secretary of Defense, including those of the military departments.
(7) The term “executive part of the department” means the executive part of the Department of Defense, Department of the Army, Department of the Navy, or Department of the Air Force, as the case may be, at the seat of government.
(8) The term “military departments” means the Department of the Army, the Department of the Navy, and the Department of the Air Force.
(9) The term
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The death gratuity payable under sections 1475 through 1477 of this title shall be $100,000. For this purpose:
(1) A person covered by subsection (a)(1) of [section 1475 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1475&num=0&edition=prelim) who died while traveling to or from active duty (other than for training) is considered to have been on active duty on the date of his death.
(2) A person covered by subsection (a)(3) of [section 1475 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1475&num=0&edition=prelim) who died while traveling directly to or from active duty for training is considered to have been on active duty for training on the date of his death.
(3) A person covered by subsection (a)(3) of [section 1475 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1475&num=0&edition=prelim) who died while traveling directly to or from inactive duty training is considered to have been on inactive duty training on the date of his death.
(4) A person covered by subsection (a)(3) of [section 1475 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1475&num=0&edition=prelim) who died while on authorized stay at the person’s residence during a period of inactive duty training or between successive days of inactive duty training is considered to have been on inactive duty training on the date of his death.
(5) A person covered by subsection (a)(4) of [section 1475 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1475&num=0&edition=prelim) who died while performing annual training duty or while traveling directly to or from that duty is considered to have
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1478
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