10 U.S.C. § 1489 — Death gratuity: members and employees

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 title. § 1489. Death gratuity: members and employees dying outside the United States while as- signed to intelligence duties (a) The Secretary of Defense may pay a gra- tuity to the surviving dependents of any mem- ber 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 em- ployee is disguised or concealed; or (B) is within a category of individuals de- termined by the Secretary of Defense to be engaged in clandestine intelligence activi- ties; and (2) who after October 14, 1980 dies as a result of injuries (excluding disease) sustained out- side the United States and whose death— (A) resulted from hostile or terrorist ac- tivities; or (B) occurred in connection with an intel- ligence activity having a substantial ele- ment 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 Fed- eral 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). (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 AMENDMENTS 1985—Subsec. (a). Pub. L. 99–145 substituted ‘‘armed forces’’ for ‘‘Armed Forces’’. 1983—Subsec. (a)(2). Pub. L. 98–94 substituted ‘‘Octo- ber 14, 1980’’ for ‘‘the date of the enactment of this sec- tion’’. 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)’’. § 1490. Transportation of remains: certain retired members and dependents who die in military medical facilities (a) Subject to subsection (b), when a member entitled to retired or retainer pay or equivalent pay, or a dependent of such a member, dies while properly admitted under chapter 55 of this title to a medical facility of the armed forces, the Secretary concerned may transport the remains, or pay the cost of transporting the remains, of the decedent to the place of burial of the dece- dent. (b)(1) Transportation provided under this sec- tion may not be to a place further from the place of death than the decedent’s last place of permanent residence, and any amount paid under this section may not exceed the cost of transportation from the place of death to the de- cedent’s last place of permanent residence. (2) Transportation of the remains of a dece- dent may not be provided under this section if such transportation is authorized by sections 1481 and 1482 of this title or by chapter 23 of title 38. (c) DEFINITION OF DEPENDENT.—In this section, the term ‘‘dependent’’ has the meaning given such term in section 1072(2) of this title. (Added Pub. L. 98–94, title X, § 1032(a)(1), Sept. 24, 1983, 97 Stat. 671; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 102–190, div. A, title VI, § 626(a), (b)(1), Dec. 5, 1991, 105 Stat. 1379, 1380; Pub. L. 108–136, div. A, title V, § 562(a), (b), Nov. 24, 2003, 117 Stat. 1483.) Editorial Notes AMENDMENTS 2003—Subsec. (a). Pub. L. 108–136, § 562(a)(1), struck out ‘‘located in the United States’’ after ‘‘armed forces’’.