Section 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, §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
AMENDMENTS1985-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)".
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.