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10 U.S.C. § 1489 — Death gratuity: members and employees dying outside the United States while assigned to intelligence duties
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3973&num=0&edition=prelim)).
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Source file: Laws/federal/codes/united-states-code/title-10/section-1489-death-gratuity-members-and-employees-dying-outside-the-united-states-whi--f9ae4bc03a.md
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Source location: Title 10, Chapter 75, § 1489; chapter-075-deceased-personnel.md
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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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3973&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Funding for periods not in excess of five years; conditions** Any contract for the procurement of property or services, or both, for the Department of State or the Foreign Service which is funded on the basis of annual appropriations may nevertheless be made for periods not in excess of 5 years when—
(1) appropriations are available and adequate for payment for the first fiscal year and for all potential cancellation costs; and
(2) the Secretary of State determines that—
(A) the need of the Government for the property or service being acquired over the period of the contract is reasonably firm and continuing;
(B) such a contract will serve the best interests of the United States by encouraging effective competition or promoting economies in performance and operation; and
(C) such a method of contracting will not inhibit small business participation.
**(b) Cancellation of contracts** In the event that funds are not made available for the continuation of such a contract into a subsequent fiscal year, the contract shall be cancelled and any cancellation costs incurred shall be paid from appropriations originally available for the performance of the contract, appropriations currently available for the acquisition of similar property or services and not otherwise obligated, or appropriations made for such cancellation payments.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 2679a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Criteria; amount; payment deemed gift** The Secretary may provide for payment of a gratuity to the surviving dependents of any Foreign Service employee, who dies as a result of injuries sustained in the performance of duty abroad, in an amount equal to one year’s salary at level II of the Executive Schedule under [section 5313 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section5313&num=0&edition=prelim) at the time of death, except that for employees compensated under local compensation plans established under [section 3968 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3968&num=0&edition=prelim) the amount shall be equal to the greater of either one year’s salary at the time of death, or one year’s basic salary at the highest step of the highest grade on the local compensation plan from which the employee was being paid at the time of death. Any death gratuity payment made under this section shall be held to have been a gift and shall be in addition to any other benefit payable from any source.
**(b) Other executive agencies** The head of an executive agency shall, pursuant to guidance issued under subsection (c), make a death gratuity payment authorized by this section to the survivors of any employee of that agency or of an individual in a special category serving in an uncompensated capacity for that agency, as identified in guidance issued under subsection (c), who dies as a result of injuries sustained in the performance of duty abroad while subject to the authority of the chief of mission pursuant to [section 3927 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3927&num=0&edition=prelim).
**(c) Guidance** Not later than 60 days after
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3973
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Federal law — U.S. Code and appendices · legal_authorities
Page 1415
TITLE 10—ARMED FORCES
§ 1490
(B) undertakes full responsibility for all ex-
penses of the removal of the remains and the
reburial of the remains at another cemetery as
authorized by this subsection.
(4) In this subsection:
(A) The term ‘‘Army National Military Cem-
etery’’ means a cemetery specified in section
7721(b) of this title.
(B) The term ‘‘covered member of the armed
forces’’ means a member of the armed forces
who—
(i) has been awarded the Medal of Honor;
and
(ii) has no known next of kin.
(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L.
113–291, div. A, title V, § 594, Dec. 19, 2014, 128
Stat. 3395; Pub. L. 115–232, div. A, title VIII,
§ 809(a), Aug. 13, 2018, 132 Stat. 1840.)
HISTORICAL AND REVISION NOTES
Revised
section
Source (U.S. Code)
Source (Statutes at Large)
1488 .........
5:2160 (as applicable to
armed forces).
July 15, 1954, ch. 507, § 10
(as applicable to armed
forces), 68 Stat. 480.
The words ‘‘national cemeteries, other installation
cemeteries, or’’ are omitted as surplusage.
Editorial Notes
AMENDMENTS
2018—Subsec. (c)(4)(A). Pub. L. 115–232 substituted
‘‘section 7721(b)’’ for ‘‘section 4721(b)’’.
2014—Pub. L. 113–291 designated first sentence of ex-
isting provisions as subsec. (a) and inserted heading,
designated second sentence of existing provisions as
subsec. (b), inserted heading, and substituted ‘‘the ju-
risdiction of the Secretary concerned’’ for ‘‘his jurisdic-
tion’’, and added subsec. (c).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2018 AMENDMENT
Amendment by Pub. L. 115–232 effective Feb. 1, 2019,
with provision for the coordination of amendments and
special rule for certain redesignations, see section 800
of Pub. L. 115–232, set out as a note preceding section
3001 of this
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1489
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Federal law — U.S. Code and appendices · legal_authorities
Page 1451
TITLE 22—FOREIGN RELATIONS AND INTERCOURSE
§ 3973
(1) the termination of the period of impris-
onment giving rise to the claim, or
(2) the date of the claimant’s first oppor-
tunity thereafter to file such a claim, as deter-
mined by the appropriate agency head.
(d) Regulations
The Secretary of State may prescribe regula-
tions governing payments under this section by
all agencies and other Government establish-
ments.
(Pub. L. 96–465, title I, § 410, Oct. 17, 1980, 94 Stat.
2091.)
Statutory Notes and Related Subsidiaries
CHANGE OF NAME
Reference to the Director of Central Intelligence or
the Director of the Central Intelligence Agency in the
Director’s capacity as the head of the intelligence com-
munity deemed to be a reference to the Director of Na-
tional Intelligence. Reference to the Director of Cen-
tral Intelligence or the Director of the Central Intel-
ligence Agency in the Director’s capacity as the head of
the Central Intelligence Agency deemed to be a ref-
erence to the Director of the Central Intelligence Agen-
cy. See section 1081(a), (b) of Pub. L. 108–458, set out as
a note under section 3001 of Title 50, War and National
Defense.
§ 3971. Temporary service as principal officer
For such time (in excess of such minimum pe-
riod as the Secretary of State may establish) as
any member of the Service is temporarily in
charge of a Foreign Service post during the ab-
sence or incapacity of the principal officer, that
member shall receive, in addition to the basic
salary paid to the member and notwithstanding
sections 5535 and 5536 of title 5, an amount equal
to that portion (which the Secretary of State
may determine to be appropriate) of the dif-
ference between such salary and the basic salary
provided for the principal officer
Source: Supplied 2024 U.S. Code historical extraction · 22 U.S.C. § 3973
Stored review status: historical_2024_not_currentness_verified. The source passage cites 22 U.S.C. § 3973. This identifies an authority to review, not proof of applicability.