§ 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 ).