Legalize§ 1475. Death gratuity: death of members on active duty or inactive duty training and of certain other persons
§ 1475. Death gratuity: death of members on active duty or inactive duty training and of certain other persons
(a) Except as provided in section 1480 of this title, the Secretary concerned shall have a death gratuity paid to or for the survivor prescribed by section 1477 of this title, immediately upon receiving official notification of the death of—
(1) a member of an armed force under his jurisdiction who dies while on active duty or while performing authorized travel to or from active duty;
(2) a Reserve of an armed force who dies while on inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service);
(3) any Reserve of an armed force who, when authorized or required by an authority designated by the Secretary, assumed an obligation to perform active duty for training, or inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution, under the sponsorship of an armed force or the Public Health Service), and who dies while traveling directly to or from that active duty for training or inactive duty training or while staying at the Reserve’s residence, when so authorized by proper authority, during the period of such inactive duty training or between successive days of inactive duty training;
(4) any member of a reserve officers’ training corps who dies while performing annual training duty under orders, or while performing authorized travel to or from that annual training duty; or any applicant for membership in a reserve officers’ training corps who dies while attending field training or a practice cruise under section 2104(b)(6)(B) of this title or while performing authorized travel to or from the place where the training or cruise is conducted; or a graduate of a reserve officers’ training corps who has received a commission but has yet to receive a first duty assignment; or
(5) a person who dies while traveling to or from or while at a place for final acceptance, or for entry upon active duty (other than for training), in an armed force, who has been ordered or directed to go to that place, and who—
(A) has been provisionally accepted for that duty; or
(B) has been selected, under the Military Selective Service Act (50 U.S.C. 3801 et seq.), for service in that armed force.
(b) This section does not apply to the survivors of persons who were temporary members of the Coast Guard Reserve at the time of their death.
(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; amended Pub. L. 88–647, title III, § 301(1), Oct. 13, 1964, 78 Stat. 1071; Pub. L. 96–513, title V, § 511(59), Dec. 12, 1980, 94 Stat. 2925; Pub. L. 99–661, div. A, title VI, § 604(e)(1), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 112–81, div. A, title VI, § 651(a)(1), Dec. 31, 2011, 125 Stat. 1466; Pub. L. 114–328, div. A, title X, § 1081(b)(1)(A)(vi), Dec. 23, 2016, 130 Stat. 2418; Pub. L. 116–92, div. A, title VI, § 623(a), Dec. 20, 2019, 133 Stat. 1428; Pub. L. 116–283, div. A, title X, § 1081(a)(27), Jan. 1, 2021, 134 Stat. 3872; Pub. L. 118–159, div. A, title VI, § 631(a), Dec. 23, 2024, 138 Stat. 1936.)
In subsection (a), the word “receiving” is inserted for clarity. Clause (1) is substituted for 38:1101(2) (1st sentence, and clauses (A)–(C) of 2d sentence); 38:1101(4)(A), (C), and (D); and 38:1101(5)(A), (C), and (D). Clause (2) is based on the words “inactive duty training”, in 38:1131(a). Clause (3) (less words in parentheses) is substituted for 38:1101(6)(B) (1st sentence, less last 32 words). 38:1101(6)(A) (1st sentence) is omitted as covered by section 101(31) of this title. The words in parentheses in clause (3) are substituted for 38:1101(6)(A) (2d sentence, less clause (3)). Clause (4) is substituted for 38:1101(2) (clause (D) of 2d sentence) and (5)(C). Clause (5) is substituted for 38:1101(2)(E), (11)(E) (less last 27 words). The words “active duty for training”, in 38:1131(a), are omitted as covered by the definition of “active duty” in section 101(22) of this title.
| Historical and Revision Notes | ||
|---|---|---|
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| 1475(a) | 38:1101(2) (less last sentence, as applicable to death gratuity).38:1101(4) (as applicable to death gratuity, less (D) (as applicable to 38:1133(a))).38:1101(5) (as applicable to death gratuity, less (D) (as applicable to 38:1133(a))).38:1101(6)(A) (less clause (3) of 2d sentence, as applicable to death gratuity).38:1001(6)(B) (1st sentence, less last 32 words, as applicable to death gratuity, and less (ii)) (as applicable to 38: 1133 (a))).38:1101(11)(E) (less last 27 words, as applicable to death gratuity).38:1131(a). | Aug. 1, 1956, ch. 837, §§ 102(2) (less last sentence, as applicable to death gratuity), 102(2) (last sentence, as applicable to death gratuity), (4) (as applicable to death gratuity, less (D) (as applicable to § 303(a))), (5) (as applicable to death gratuity, less (D) (as applicable to § 303(a))), (6)(A) (as applicable to death gratuity), (B) (1st sentence, less last 32 words, as applicable to death gratuity, and less (ii) (as applicable to § 303(a))), (11)(E) (less last 27 words, as applicable to death gratuity), 301(a), 70 Stat. 858–861, 868. |
| 1475(b) | 38:1101(2) (last sentence, as applicable to death gratuity under 38: 1131(a)). | |
| 38:1101(6)(A) (clause (3) of 2d sentence, as applicable to death gratuity under 38:1131 (a)). |
Editorial Notes
References in Text
The Military Selective Service Act, referred to in subsec. (a)(5)(B), is title I of act June 24, 1948, ch. 625, 62 Stat. 604, which is classified principally to chapter 49 (§ 3801 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see References in Text note set out under section 3801 of Title 50 and Tables.
Amendments
2024—Subsec. (a)(4). Pub. L. 118–159 struck out “for a period of more than 13 days” after “training duty under orders”.
2021—Subsec. (a)(4). Pub. L. 116–283 substituted “or a graduate” for “or; or a graduate”.
2019—Subsec. (a)(4). Pub. L. 116–92 inserted at end “; or a graduate of a reserve officers’ training corps who has received a commission but has yet to receive a first duty assignment; or”.
2016—Subsec. (a)(5)(B). Pub. L. 114–328 substituted “(50 U.S.C. 3801 et seq.)” for “(50 U.S.C. App. 451 et seq.)”.
2011—Subsec. (a)(3). Pub. L. 112–81 inserted “or while staying at the Reserve’s residence, when so authorized by proper authority, during the period of such inactive duty training or between successive days of inactive duty training” before the semicolon at the end.
1986—Subsec. (a)(3). Pub. L. 99–661 struck out “from an injury incurred by him after December 31, 1956,” before “while traveling directly to or from”.
1980—Subsec. (a)(5)(B). Pub. L. 96–513 substituted “Military Selective Service Act (50 U.S.C. App. 451 et seq.)” for “Universal Military Training and Service Act (50 App. U.S.C. 451 et seq.)”.
1964—Subsec. (a)(4). Pub. L. 88–647 inserted provisions covering applicants for membership in a reserve officers’ training corps while attending, or in travel to or from field training or a practice cruise.
Statutory Notes and Related Subsidiaries
Effective Date of 2024 Amendment
Pub. L. 118–159, div. A, title VI, § 631(d), Dec. 23, 2024, 138 Stat. 1937, provided that: “The amendments made by this section [amending this section, section 1481 of this title and provisions set out as a note under this section] shall apply to a death that occurs on or after the date of the enactment of this Act [Dec. 23, 2024].”
Effective Date of 2019 Amendment
Pub. L. 116–92, div. A, title VI, § 623(b), Dec. 20, 2019, 133 Stat. 1428, as amended by Pub. L. 116–283, div. A, title VI, § 623, Jan. 1, 2021, 134 Stat. 3677, provided that: “The amendment under subsection (a) [amending this section] applies to deaths that occur on or after May 1, 2017.”
Effective Date of 2011 Amendment
Pub. L. 112–81, div. A, title VI, § 651(c), Dec. 31, 2011, 125 Stat. 1467, provided that: “The amendments made by this section [amending this section and sections 1478 and 1481 of this title] shall take effect on the date of the enactment of this Act [Dec. 31, 2011], and shall apply with respect to deaths that occur on or after that date.”
Effective Date of 1986 Amendment
Amendment by Pub. L. 99–661 applicable with respect to persons who, after Nov. 14, 1986, incur or aggravate an injury, illness, or disease or die, see section 604(g) of Pub. L. 99–661, set out as a note under section 1074a of this title.
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–513 effective Dec. 12, 1980, see section 701(b)(3) of Pub. L. 96–513, set out as a note under section 101 of this title.
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
Public Health Service
Authority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officers of Public Health Service, by Secretary of Health and Human Services or his designee, see section 213a of Title 42, The Public Health and Welfare.
National Oceanic and Atmospheric Administration
Authority vested by this chapter in “military departments”, “the Secretary concerned”, or “the Secretary of Defense” to be exercised, with respect to commissioned officer corps of National Oceanic and Atmospheric Administration, by Secretary of Commerce or Secretary’s designee, see section 3071 of Title 33, Navigation and Navigable Waters.
Obligation of Defense Health Program Appropriations for Death Gratuity Payments
Pub. L. 116–260, div. C, title VIII, § 8123, Dec. 27, 2020, 134 Stat. 1333, provided that: “Amounts appropriated for ‘Defense Health Program’ in this Act [div. C of Pub. L. 116–260] and hereafter may be obligated to make death gratuity payments, as authorized in subchapter II of chapter 75 of title 10, United States Code, if no appropriation for ‘Military Personnel’ is available for obligation for such payments: Provided, That such obligations may subsequently be recorded against appropriations available for ‘Military Personnel’.”
Similar provisions were contained in the following prior appropriation acts:
Pub. L. 116–93, div. A, title VIII, § 8127, Dec. 20, 2019, 133 Stat. 2366.
Pub. L. 115–245, div. A, title VIII, § 8136, Sept. 28, 2018, 132 Stat. 3030.
Obligation of Department of Homeland Security Appropriations for Death Gratuity Payments
Pub. L. 116–93, div. D, title II, § 231, Dec. 20, 2019, 133 Stat. 2517, provided that: “(a) Any discretionary amounts appropriated in this Act [div. D of Pub. L. 116–93] in the current fiscal year and any fiscal year thereafter may be obligated for death gratuity payments, as authorized in subchapter II of chapter 75 of title 10, United States Code. “(b) Subsection (a) shall only apply if an appropriation for ‘Coast Guard—Operations and Support’ is unavailable for obligation for such payments. “(c) Such obligations shall subsequently be recorded against appropriations that become available for ‘Coast Guard—Operations and Support’.”
Improved Assistance for Gold Star Spouses and Other Dependents
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