§ 1476. Death gratuity: death after discharge or release from duty or training

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1958

   Pub. L. 85–861 § 1(32)(A) · 72 Stat. 1437

   Enacted · 10 U.S.C. § 1476

   Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1452

   Source evidence

   Code source credit
   Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1452

   Enacted provision · exact public law section
   (1) Section 101 is amended by inserting the following new clause after clause (24): “(25) ‘Active status’ means the status of a reserve commissioned officer, other than a commissioned warrant officer, who is not in the inactive Army National Guard or inactive Air National Guard, on an inactive status list, or in the Retired Reserve.”

2. 1986

   National Defense Authorization Act for Fiscal Year 1987

   Pub. L. 99–661 div. A title VI § 604(e)(2) · 100 Stat. 3816

   1. Added · 10 U.S.C. § 1476

      Pub. L. 99–661 added subsec. (a)

   2. Redesignated · 10 U.S.C. § 1476

      Pub. L. 99–661 redesignated subsecs. (c) and (d) as (b) and (c), respectively

   3. Struck · 10 U.S.C. § 1476

      Pub. L. 99–661 struck out former subsecs. (a) and (b) which read as follows:

   Source evidence

   Code amendment note
   Pub. L. 99–661 added subsec. (a), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsecs. (a) and (b) which read as follows:

   “(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 of each person who dies within 120 days after his discharge or release from— “(1) active duty; or “(2) 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); if the Administrator of Veterans’ Affairs determines that the death resulted from (A) disease or injury incurred or aggravated while performing duty under clause (1) or the travel described in subsection (b), or (B) injury incurred or aggravated while performing training under clause (2) or the travel described in subsection (b)(2). “(b) The travel covered by subsection (a) is— “(1) authorized travel to or from the duty described in subsection (a)(1); or “(2) travel directly to or from the duty or training described in subsection (a)(1) or (2) that is performed by a Reserve who, when authorized or required by an authority designated by the Secretary, assumed an obligation to perform that duty or training and whose injury was incurred or aggravated after December 31, 1956.”

   Effective date note
   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.

3. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 1621(a)(2) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 1476(a)(2)

   Pub. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”

   Source evidence

   Code amendment note
   Subsec. (a)(2). Pub. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.

   Enacted provision · exact public law section
   (2) The following sections are amended by striking out “Administrator of Veterans’ Affairs” and inserting in lieu thereof “Secretary of Veterans Affairs”: sections 1074(b), 1216(c), 1476(a)(2), 1477(b)(5)(C), 1480(b), 1480(c), 1552(e), 1553(a), 1553(c), 1554(c), 2006(d), 2641(b) (in two places), and 6160(b).

4. 1989

   National Defense Authorization Act for Fiscal Years 1990 and 1991

   Pub. L. 101–189 § 1621(a)(1) · 103 Stat. 1352

   Substituted · 10 U.S.C. § 1476(b)

   Pub. L. 101–189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 101–189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

   Enacted provision · exact public law section
   (1) The following sections are amended by striking out “Veterans’ Administration” and inserting in lieu thereof “Department of Veterans Affairs”: sections 176(a)(3), 772(g), 1174(h)(2), 1201(3)(B), 1203(4)(A), 1203(4)(B), 1203(4)(C), 1204(4)(B), 1206(4), 1209, 1210(c), 1210(d), 1210(e), 1212(c), 1218(a)(1), 1431(b)(1), 1433 (in two places), 1441, 1449, 1450(h), 1452(g)(1), 1452(g)(5), 1476(b), 2641(a), 2641(b)(1) (in two places), 2641(d)(2), 4342(a)(1), 4621(d), 4683(a)(1), 4713(c), 6954(a)(1), 7603, 9342(a)(1), 9621(d), and 9713(c).

3 of 6 references resolved to an enrolled provision · 3 partial