
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1489]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 1489. Death gratuity: members and employees dying outside 
        the United States while assigned to intelligence duties
        
    (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).

(Added Pub. L. 96-450, title IV, Sec. 403(b)(1), Oct. 14, 1980, 94 Stat. 
1979; amended Pub. L. 97-22, Sec. 11(a)(6), July 10, 1981, 95 Stat. 138; 
Pub. L. 98-94, title XII, Sec. 1268(9), Sept. 24, 1983, 97 Stat. 706; 
Pub. L. 99-145, title XIII, Sec. 1303(a)(12), Nov. 8, 1985, 99 Stat. 
739.)


                               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)''.
