(a) Payment of Expenses.— The Secretary concerned may pay the expenses incident to the death of a civilian employee who dies of injuries incurred in connection with the employee’s service with an armed force in a contingency operation, or who dies of injuries incurred in connection with a terrorist incident occurring during the employee’s service with an armed force, as follows:
(1)Round-trip transportation and prescribed allowances for one person to escort the remains of the employee to the place authorized under section
5742(b)(1) of title
(2)Presentation of a flag of the United States to the next of kin of the employee.
(3)Presentation of a flag of equal size to the flag presented under paragraph (2) to the parents or parent of the employee, if the person to be presented a flag under paragraph (2) is other than the parent of the employee.
(b) Regulations.— The Secretary of Defense shall prescribe regulations to implement this section. The Secretary of Homeland Security shall prescribe regulations to implement this section with regard to civilian employees of the Department of Homeland Security. Regulations under this subsection shall be uniform to the extent possible and shall provide for the Secretary’s consideration of the conditions and circumstances surrounding the death of an employee and the nature of the employee’s service with the armed force.
(c) Definitions.— In this section:
(1)The term “civilian employee” means a person employed by the Federal Government, including a person entitled to basic pay in accordance with the General Schedule provided in section
5332 of title
5 or a similar basic pay schedule of the Federal Government.
(2)The term “contingency operation” includes humanitarian operations, peacekeeping operations, and similar operations.
(3)The term “parent” has the meaning given such term in section
1482(e)(5)(A) of this title.
(4)The term “Secretary concerned” includes the Secretary of Defense with respect to employees of the Department of Defense who are not employees of a military department.
2002—Subsec. (b). Pub. L. 107–296substituted “of Homeland Security” for “of Transportation” in two places.
1994—Pub. L. 103–337substituted “civilian” for “Civilian” in section catchline.
Effective Date of 2002 Amendment
Amendment by Pub. L. 107–296effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) ofPub. L. 107–296, set out as a note under section
101 of this title.
Section 368(c) ofPub. L. 103–160provided that: “The amendments made by this section [enacting this section] shall apply with respect to the payment of incidental expenses for civilian employees who die while serving in a contingency operation that occurs after the date of the enactment of this Act [Nov. 30, 1993].”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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