Page:United States Statutes at Large Volume 119.djvu/3334

 119 STAT. 3316 10 USC 985 note.

10 USC 985 note.

Effective date.

PUBLIC LAW 109–163—JAN. 6, 2006

(2) DEPARTMENT OF DEFENSE.—The Secretary of Defense shall prescribe regulations to ensure that a person is not interred in any military cemetery under the authority of the Secretary of a military department or provided funeral honors under section 1491 of title 10, United States Code, unless a good faith effort has been made to determine whether such person is ineligible for such interment or honors by reason of being a person described in section 2411(b) of title 38, United States Code, or is otherwise ineligible for such interment or honors under Federal law. (e) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to funerals and burials that occur on or after the date of the enactment of this Act. SEC. 663. CONCURRENT RECEIPT OF VETERANS’ DISABILITY COMPENSATION AND MILITARY RETIRED PAY.

Section 1414(a)(1) of title 10, United States Code, is amended by inserting before the period at the end the following: ‘‘, and in the case of a qualified retiree receiving veterans’ disability compensation at the rate payable for a 100 percent disability by reason of a determination of individual unemployability, payment of retired pay to such veteran is subject to subsection (c) only during the period beginning on January 1, 2004, and ending on September 30, 2009’’. SEC. 664. ADDITIONAL AMOUNTS OF DEATH GRATUITY FOR SURVIVORS OF CERTAIN MEMBERS OF THE ARMED FORCES DYING ON ACTIVE DUTY.

10 USC 1478 note.

VerDate 14-DEC-2004

07:21 Oct 30, 2006

(a) INCREASED AMOUNT OF DEATH GRATUITY.— (1) INCREASED AMOUNT.—Subsection (a) of section 1478 of title 10, United States Code, is amended by striking ‘‘$12,000’’ and inserting ‘‘$100,000’’. (2) AMENDMENTS.—Such section is further amended— (A) in the first sentence of subsection (a), by striking ‘‘(as’’ and all that follows in that sentence and inserting a period; and (B) by striking subsection (c). (3) EFFECTIVE DATE.—The amendment made by paragraph (1) shall take effect as of October 7, 2001, and shall apply to deaths occurring on or after the date of the enactment of this Act and, subject to subsection (c), to deaths occurring during the period beginning on October 7, 2001, and ending on the day before the date of the enactment of this Act. (b) RETROACTIVE PAYMENT OF ADDITIONAL DEATH GRATUITY FOR CERTAIN MEMBERS NOT PREVIOUSLY COVERED.—Such section is further amended by adding at the end the following new subsection: ‘‘(d)(1) In the case of a person described in paragraph (2), a death gratuity shall be payable, subject to section 664(c) of the National Defense Authorization Act for Fiscal Year 2006, for the death of such person that is in addition to the death gratuity payable in the case of such death under subsection (a). ‘‘(2) This subsection applies in the case of a person who died during the period beginning on October 7, 2001, and ending on May 11, 2005, while a member of the armed forces on active duty and whose death did not establish eligibility for an additional death gratuity under the prior subsection (e) of this section (as added by section 1013(b) of Public Law 109–13; 119 Stat. 247),

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