Federal · Title 10 — Armed Forces

10 U.S.C. § 1475: Death gratuity: death of members on active duty or inactive duty training and of certain other persons

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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; 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); 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; 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 has been provisionally accepted for that duty; or has been selected, under the Military Selective Service Act ( 50 U.S.C. 3801 et seq.), for service in that armed force. 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. 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. Subsection (a) shall only apply if an appropriation for ‘Coast Guard—Operations and Support’ is unavailable for obligation for such payments. Such obligations shall subsequently be recorded against appropriations that become available for ‘Coast Guard—Operations and Support’.” a spouse and any other dependent of a member of such Armed Force (including the reserve components thereof) who dies on active duty; a dependent described in subparagraph (A) if the spouse of the deceased member dies and the dependent (or the guardian of such dependent) requests such assistance; and an individual not described in subparagraph (A) or (B) who is entitled to a death gratuity under section 1475 of title 10 , United States Code. Addressing complaints by such survivors regarding casualty assistance or receipt of benefits authorized by law for such survivors. Providing support to such survivors regarding such casualty assistance or receipt of such benefits. Making reports to appropriate officers or officials in the Department of Defense or the military department concerned regarding resolution of such complaints, including recommendations regarding the settlement of claims with respect to such benefits, as appropriate. Performing such other actions as the Secretary of the military department concerned considers appropriate. Casualty assistance officers. Casualty assistance calls officers. Casualty assistance representatives. The training program required by paragraph (1) shall include training designed to ensure that the personnel specified in that paragraph provide such a survivor with accurate information on the benefits to which they are entitled and other casualty assistance available to them when the member dies while serving on active duty in the Armed Forces. The Secretary of the military department concerned may, in coordination with the Secretary of Defense, provide for the inclusion in the training program required by paragraph (1) that is provided to casualty assistance personnel of such military department such elements of training that are specific or unique to the requirements or particulars of the Armed Forces under the jurisdiction of such military department as the Secretary of the military department concerned considers appropriate. Training shall be provided under the program required by paragraph (1) not less often than annually. For purposes of this section, a graduate of a reserve officers’ training corps who receives a commission and who dies before receiving a first duty assignment shall be treated as a member of the Armed Forces who dies while on active duty. This subsection applies to deaths on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2020 [ Dec. 20, 2019 ].” Not later than August 1, 2006 , the Secretary of Defense shall prescribe a comprehensive policy for the Department of Defense on the provision of casualty assistance to survivors and next of kin of members of the Armed Forces who die during military service (in this section referred to as ‘military decedents’). The Secretary shall develop the policy under paragraph (1) in consultation with the Secretaries of the military departments, the Secretary of Veterans Affairs, and the Secretary of Homeland Security with respect to the Coast Guard. the experience and best practices of the military departments; the recommendations of nongovernment organizations with demonstrated expertise in responding to the needs of survivors of military decedents; and such other matters as the Secretary of Defense considers appropriate. The policy shall include procedures to be followed by the military departments in the provision of casualty assistance to survivors and next of kin of military decedents. The procedures shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department. The initial notification of primary and secondary next of kin of the deaths of military decedents and any subsequent notifications of next of kin warranted by circumstances. The transportation and disposition of remains of military decedents, including notification of survivors of the performance of autopsies. The qualifications, assignment, training, duties, supervision, and accountability for the performance of casualty assistance responsibilities. The relief or transfer of casualty assistance officers, including notification to survivors and next of kin of the reassignment of such officers to other duties. Centralized, short-term and long-term case-management procedures for casualty assistance by each military department, including rapid access by survivors of military decedents and casualty assistance officers to expert case managers and counselors. The provision, through a computer accessible Internet website and other means and at no cost to survivors of military decedents, of personalized, integrated information on the benefits and financial assistance available to such survivors from the Federal Government. The provision, at no cost to survivors of military decedents, of legal assistance by military attorneys on matters arising from the deaths of such decedents, including tax matters, on an expedited, prioritized basis. The provision of financial counseling to survivors of military decedents, particularly with respect to appropriate disposition of death gratuity and insurance proceeds received by surviving spouses, minor dependent children, and their representatives. The provision of information to survivors and next of kin of military decedents on mechanisms for registering complaints about, or requests for, additional assistance related to casualty assistance. Liaison with the Department of Veterans Affairs and the Social Security Administration in order to ensure prompt and accurate resolution of issues relating to benefits administered by those agencies for survivors of military decedents. Data collection regarding the incidence and quality of casualty assistance provided to survivors of military decedents, including surveys of such survivors and military and civilian members assigned casualty assistance duties. provide for the provision of such information (in person and otherwise) by qualified Department of Defense personnel; ensure that information is provided as soon as possible after death and that, when requested, updates are provided, in accordance with the procedures established under this paragraph, in a timely manner when new information becomes available; the initial provision of such information, and each such update, relates the most complete and accurate information available at the time, subject to limitations applicable to classified information; and incomplete or unverified information is identified as such during the course of the provision of such information or update; and include procedures by which such survivors shall, upon request, receive updates or supplemental information from qualified Department of Defense personnel. Not later than November 1, 2006 , the Secretary of each military department shall prescribe regulations, or modify current regulations, on the policies and procedures of such military department on the provision of casualty assistance to survivors and next of kin of military decedents in order to conform such policies and procedures to the policy developed under subsection (a). the assessment of the Secretary of the adequacy and sufficiency of the current casualty assistance programs of the military departments; a plan for a system for the uniform provision to survivors of military decedents of personalized, accurate, and integrated information on the benefits and financial assistance available to such survivors through the casualty assistance programs of the military departments under subsection (c); and such recommendations for other legislative or administrative action as the Secretary considers appropriate to enhance and improve such programs to achieve their intended purposes. Not later than July 1, 2006 , the Comptroller General shall submit to the committees specified in subsection (d) a report on the evaluation by the Comptroller General of the casualty assistance programs of the Department of Defense and of such other departments and agencies of the Federal Government as provide casualty assistance to survivors and next of kin of military decedents. The report shall include the assessment of the Comptroller General of the adequacy of the current policies and procedures of, and funding for, the casualty assistance programs covered by the report to achieve their intended purposes.”

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