US (United States) Code. Title 10. Subtitle A. Part II: Personnel. Chapter 75: Deceased personnel

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # Armed Forces

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-CITE-

10 USC CHAPTER 75 - DECEASED PERSONNEL 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

.

-HEAD-

CHAPTER 75 - DECEASED PERSONNEL

-MISC1-

Subchapter Sec.

I. Death Investigations 1471

II. Death Benefits 1475

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VII, Sec. 721(a), Oct. 5,

1999, 113 Stat. 692, substituted ''DECEASED PERSONNEL'' for ''DEATH

BENEFITS'' as chapter heading and added subchapter analysis.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 42 section 213a.

-CITE-

10 USC SUBCHAPTER I - DEATH INVESTIGATIONS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER I - DEATH INVESTIGATIONS

.

-HEAD-

SUBCHAPTER I - DEATH INVESTIGATIONS

-MISC1-

Sec.

1471. Forensic pathology investigations.

AMENDMENTS

1999 - Pub. L. 106-65, div. A, title VII, Sec. 721(a), Oct. 5,

1999, 113 Stat. 692, added subchapter I heading and item 1471.

-CITE-

10 USC Sec. 1471 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER I - DEATH INVESTIGATIONS

-HEAD-

Sec. 1471. Forensic pathology investigations

-STATUTE-

(a) Authority. - Under regulations prescribed by the Secretary of

Defense, the Armed Forces Medical Examiner may conduct a forensic

pathology investigation to determine the cause or manner of death

of a deceased person if such an investigation is determined to be

justified under circumstances described in subsection (b). The

investigation may include an autopsy of the decedent's remains.

(b) Basis for Investigation. - (1) A forensic pathology

investigation of a death under this section is justified if at

least one of the circumstances in paragraph (2) and one of the

circumstances in paragraph (3) exist.

(2) A circumstance under this paragraph is a circumstance under

which -

(A) it appears that the decedent was killed or that, whatever

the cause of the decedent's death, the cause was unnatural;

(B) the cause or manner of death is unknown;

(C) there is reasonable suspicion that the death was by

unlawful means;

(D) it appears that the death resulted from an infectious

disease or from the effects of a hazardous material that may have

an adverse effect on the military installation or community

involved; or

(E) the identity of the decedent is unknown.

(3) A circumstance under this paragraph is a circumstance under

which -

(A) the decedent -

(i) was found dead or died at an installation garrisoned by

units of the armed forces that is under the exclusive

jurisdiction of the United States;

(ii) was a member of the armed forces on active duty or

inactive duty for training;

(iii) was recently retired under chapter 61 of this title as

a result of an injury or illness incurred while a member on

active duty or inactive duty for training; or

(iv) was a civilian dependent of a member of the armed forces

and was found dead or died outside the United States;

(B) in any other authorized Department of Defense investigation

of matters which involves the death, a factual determination of

the cause or manner of the death is necessary; or

(C) in any other authorized investigation being conducted by

the Federal Bureau of Investigation, the National Transportation

Safety Board, or any other Federal agency, an authorized official

of such agency with authority to direct a forensic pathology

investigation requests that the Armed Forces Medical Examiner

conduct such an investigation.

(c) Determination of Justification. - (1) Subject to paragraph

(2), the determination that a circumstance exists under paragraph

(2) of subsection (b) shall be made by the Armed Forces Medical

Examiner.

(2) A commander may make the determination that a circumstance

exists under paragraph (2) of subsection (b) and require a forensic

pathology investigation under this section without regard to a

determination made by the Armed Forces Medical Examiner if -

(A) in a case involving circumstances described in paragraph

(3)(A)(i) of that subsection, the commander is the commander of

the installation where the decedent was found dead or died; or

(B) in a case involving circumstances described in paragraph

(3)(A)(ii) of that subsection, the commander is the commander of

the decedent's unit at a level in the chain of command designated

for such purpose in the regulations prescribed by the Secretary

of Defense.

(d) Limitation in Concurrent Jurisdiction Cases. - (1) The

exercise of authority under this section is subject to the exercise

of primary jurisdiction for the investigation of a death -

(A) in the case of a death in a State, by the State or a local

government of the State; or

(B) in the case of a death in a foreign country, by that

foreign country under any applicable treaty, status of forces

agreement, or other international agreement between the United

States and that foreign country.

(2) Paragraph (1) does not limit the authority of the Armed

Forces Medical Examiner to conduct a forensic pathology

investigation of a death that is subject to the exercise of primary

jurisdiction by another sovereign if the investigation by the other

sovereign is concluded without a forensic pathology investigation

that the Armed Forces Medical Examiner considers complete. For the

purposes of the preceding sentence a forensic pathology

investigation is incomplete if the investigation does not include

an autopsy of the decedent.

(e) Procedures. - For a forensic pathology investigation under

this section, the Armed Forces Medical Examiner shall -

(1) designate one or more qualified pathologists to conduct the

investigation;

(2) to the extent practicable and consistent with

responsibilities under this section, give due regard to any

applicable law protecting religious beliefs;

(3) as soon as practicable, notify the decedent's family, if

known, that the forensic pathology investigation is being

conducted;

(4) as soon as practicable after the completion of the

investigation, authorize release of the decedent's remains to the

family, if known; and

(5) promptly report the results of the forensic pathology

investigation to the official responsible for the overall

investigation of the death.

(f) Definition of State. - In this section, the term ''State''

includes the District of Columbia, the Commonwealth of Puerto Rico,

and Guam.

-SOURCE-

(Added Pub. L. 106-65, div. A, title VII, Sec. 721(a), Oct. 5,

1999, 113 Stat. 692.)

-CITE-

10 USC SUBCHAPTER II - DEATH BENEFITS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

.

-HEAD-

SUBCHAPTER II - DEATH BENEFITS

-MISC1-

Sec.

1475. Death gratuity: death of members on active duty or inactive

duty training and of certain other persons.

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

training.

1477. Death gratuity: eligible survivors.

1478. Death gratuity: amount.

1479. Death gratuity: delegation of determinations, payments.

1480. Death gratuity: miscellaneous provisions.

1481. Recovery, care, and disposition of remains: decedents

covered.

1482. Expenses incident to death.

1482a. Expenses incident to death: civilian employees serving with

an armed force.

1483. Prisoners of war and interned enemy aliens.

1484. Pensioners, indigent patients, and persons who die on

military reservations.

1485. Dependents of members of armed forces.

1486. Other citizens of United States.

1487. Temporary interment.

1488. Removal of remains.

1489. Death gratuity: members and employees dying outside the

United States while assigned to intelligence duties.

1490. Transportation of remains: certain retired members and

dependents who die in military medical facilities.

1491. Funeral honors functions at funerals for veterans.

AMENDMENTS

2001 - Pub. L. 107-107, div. A, title X, Sec. 1048(a)(14), Dec.

28, 2001, 115 Stat. 1223, transferred subchapter II heading so as

to appear before the table of sections for that subchapter.

1999 - Pub. L. 106-65, div. A, title VII, Sec. 721(c)(1), Oct.

5, 1999, 113 Stat. 694, inserted ''SUBCHAPTER II - DEATH BENEFITS''

before section 1475 of this title.

Pub. L. 106-65, div. A, title V, Sec. 578(k)(2)(A), Oct. 5,

1999, 113 Stat. 631, substituted ''Funeral honors functions at

funerals for veterans'' for ''Honor guard details at funerals of

veterans'' in item 1491.

1998 - Pub. L. 105-261, div. A, title V, Sec. 567(b)(2), Oct.

17, 1998, 112 Stat. 2031, added item 1491.

1994 - Pub. L. 103-337, div. A, title X, Sec. 1070(a)(8)(B),

Oct. 5, 1994, 108 Stat. 2855, substituted ''civilian'' for

''Civilian'' in item 1482a.

1993 - Pub. L. 103-160, div. A, title III, Sec. 368(b), Nov. 30,

1993, 107 Stat. 1634, added item 1482a.

1991 - Pub. L. 102-190, div. A, title VI, Sec. 626(b)(2), Dec.

5, 1991, 105 Stat. 1380, substituted ''Transportation of remains:

certain retired members and dependents who die in military medical

facilities'' for ''Transportation of remains of members entitled to

retired or retainer pay who die in a military medical facility'' in

item 1490.

1983 - Pub. L. 98-94, title X, Sec. 1032(a)(2), Sept. 24, 1983,

97 Stat. 672, added item 1490.

1980 - Pub. L. 96-450, title IV, Sec. 403(b)(2), Oct. 14, 1980,

94 Stat. 1979, added item 1489.

1965 - Pub. L. 89-150, Sec. 1(2), Aug. 28, 1965, 79 Stat. 585,

struck out ''; death while outside United States'' from item 1485.

1958 - Pub. L. 85-861, Sec. 1(32)(B), (C), Sept. 2, 1958, 72

Stat. 1455, struck out ''CARE OF THE DEAD'' from chapter heading,

and added items 1475 to 1480.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 33 section 3071.

-CITE-

10 USC Sec. 1475 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1475. Death gratuity: death of members on active duty or

inactive duty training and of certain other persons

-STATUTE-

(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;

(4) any member of a reserve officers' training corps who dies

while performing annual training duty under orders for a period

of more than 13 days, 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

(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. App. 451 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.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1452;

amended Pub. L. 88-647, title III, Sec. 301(1), Oct. 13, 1964, 78

Stat. 1071; Pub. L. 96-513, title V, Sec. 511(59), Dec. 12, 1980,

94 Stat. 2925; Pub. L. 99-661, div. A, title VI, Sec. 604(e)(1),

Nov. 14, 1986, 100 Stat. 3877.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1475(a) 38:1101(2) (less Aug. 1, 1956, ch.

last sentence, as 837, Sec. 102(2)

applicable to death (less last

gratuity). sentence, as

38:1101(4) (as applicable to death

applicable to death gratuity), 102(2)

gratuity, less (D) (last sentence, as

(as applicable to applicable to death

38:1133(a))). gratuity), (4) (as

38:1101(5) (as applicable to death

applicable to death gratuity, less (D)

gratuity, less (D) (as applicable to

(as applicable to Sec. 303(a))), (5)

38:1133(a))). (as applicable to

38:1101(6)(A) (less death gratuity,

clause (3) of 2d less (D) (as

sentence, as applicable to Sec.

applicable to death 303(a))), (6)(A)

gratuity). (as applicable to

38:1001(6)(B) (1st death gratuity),

sentence, less last (B) (1st sentence,

32 words, as less last 32 words,

applicable to death as applicable to

gratuity, and less death gratuity, and

(ii)) (as less (ii) (as

applicable to 38: applicable to Sec.

1133 (a))). 303(a))), (11)(E)

38:1101(11)(E) (less last 27

(less last 27 words, as

words, as applicable to death

applicable to death gratuity), 301(a),

gratuity). 70 Stat. 858-861,

38:1131(a). 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)).

-------------------------------

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.

-REFTEXT-

REFERENCES IN TEXT

The Military Selective Service Act, referred to in subsec.

(a)(5)(B), is act June 24, 1948, ch. 625, 62 Stat. 604, as amended,

which is classified principally to section 451 et seq. of Title 50,

Appendix, War and National Defense. For complete classification of

this Act to the Code, see References in Text note set out under

section 451 of Title 50, Appendix, and Tables.

-MISC2-

AMENDMENTS

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.

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.

-TRANS-

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.

-MISC5-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1478, 1479, 1480 of this

title.

-CITE-

10 USC Sec. 1476 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1476. Death gratuity: death after discharge or release from

duty or training

-STATUTE-

(a)(1) Except as provided in section 1480 of this title, the

Secretary concerned shall pay a death gratuity to or for the

survivors prescribed in section 1477 of this title of each person

who dies within 120 days after discharge or release from -

(A) active duty; or

(B) 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).

(2) A death gratuity may be paid under paragraph (1) only if the

Secretary of Veterans Affairs determines that the death resulted

from an injury or disease incurred or aggravated during -

(A) the active duty or inactive-duty training described in

paragraph (1); or

(B) travel directly to or from such duty.

(b) For the purpose of this section, the standards and procedures

for determining the incurrence or aggravation of a disease or

injury are those applicable under the laws relating to disability

compensation administered by the Department of Veterans Affairs,

except that there is no requirement under this section that any

incurrence or aggravation have been in line of duty.

(c) 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.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1452;

amended Pub. L. 99-661, div. A, title VI, Sec. 604(e)(2), Nov. 14,

1986, 100 Stat. 3877; Pub. L. 101-189, div. A, title XVI, Sec.

1621(a)(1), (2), Nov. 29, 1989, 103 Stat. 1602, 1603.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1476(a) 1476(b) 38:1133(a). Aug. 1, 1956, ch.

1476(c) 1476(d) 38:1101(4)(D) (as 837, Sec. 102(2)

applicable to (last sentence, as

38:1133(a)). applicable to death

38:1101(5)(D) (as gratuity under Sec.

applicable to 303(a)), 102(4)(D)

38:1133(a)). (as applicable to

38:1101(6)(B)(ii) Sec. 303(a)),

(as applicable to 102(5)(D) (as

38:1133(a)). applicable to Sec.

38:1133(c). 303(a)), 102(6)(A)

38:1101(2) (last (clause (3) of 2d

sentence, as sentence, as

applicable to death applicable to death

gratuity under gratuity under Sec.

38:1133(a)). 303(a)),

38:1101(6)(A) 102(6)(B)(ii) (as

(clause (3) of 2d applicable to Sec.

sentence, as 303(a)), 303(a),

applicable to death (c), 70 Stat. 858,

gratuity under 859, 868, 869.

38:1133(a)).

-------------------------------

In subsection (a), the words ''Except as provided in section 1480

of this title'' are inserted to reflect 38:1134(a). The words ''to

the survivor prescribed by section 1477 of this title'' are

inserted for clarity. The words ''on or after January 1, 1957''

are omitted as executed. The words in parentheses in clause (2)

are inserted to reflect 38:1101(6)(A) (2d sentence). The words

''active duty for training'' are omitted as covered by the

definition of ''active duty'' in section 101(22) of this title.

In subsection (c), the word ''criteria'' is omitted as covered by

the word ''standards''.

AMENDMENTS

1989 - Subsec. (a)(2). Pub. L. 101-189, Sec. 1621(a)(2),

substituted ''Secretary of Veterans Affairs'' for ''Administrator

of Veterans' Affairs''.

Subsec. (b). Pub. L. 101-189, Sec. 1621(a)(1), substituted

''Department of Veterans Affairs'' for ''Veterans'

Administration''.

1986 - 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 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.

-TRANS-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1476, 1478, 1480 of this

title; title 38 section 1323.

-CITE-

10 USC Sec. 1477 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1477. Death gratuity: eligible survivors

-STATUTE-

(a) A death gratuity payable upon the death of a person covered

by section 1475 or 1476 of this title shall be paid to or for the

living survivor highest on the following list:

(1) His surviving spouse.

(2) His children, as prescribed by subsection (b), in equal

shares.

(3) If designated by him, any one or more of the following

persons:

(A) His parents or persons in loco parentis, as prescribed by

subsection (c).

(B) His brothers.

(C) His sisters.

(4) His parents or persons in loco parentis, as prescribed by

subsection (c), in equal shares.

(5) His brothers and sisters in equal shares.

Clauses (3) and (5) of this subsection include brothers and sisters

of the half blood and those through adoption.

(b) Subsection (a)(2) applies, without regard to age or marital

status, to -

(1) legitimate children;

(2) adopted children;

(3) stepchildren who were a part of the decedent's household at

the time of his death;

(4) illegitimate children of a female decedent; and

(5) illegitimate children of a male decedent -

(A) who have been acknowledged in writing signed by the

decedent;

(B) who have been judicially determined, before the

decedent's death, to be his children;

(C) who have been otherwise proved, by evidence satisfactory

to the Secretary of Veterans Affairs, to be children of the

decedent; or

(D) to whose support the decedent had been judicially ordered

to contribute.

(c) Clauses (3) and (4) of subsection (a), so far as they apply

to parents and persons in loco parentis, include fathers and

mothers through adoption, and persons who stood in loco parentis to

the decedent for a period of not less than one year at any time

before he acquired a status described in section 1475 or 1476 of

this title. However, only one father and one mother, or their

counterparts in loco parentis, may be recognized in any case, and

preference shall be given to those who exercised a parental

relationship on the date, or most nearly before the date, on which

the decedent entered that status.

(d) If an eligible survivor dies before he receives the death

gratuity, it shall be paid to the living survivor next in the order

prescribed by subsection (a).

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1453;

amended Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(2), Nov.

29, 1989, 103 Stat. 1603.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1477(a) 1477(b) 38:1131(c) (less Aug. 1, 1956, ch.

words in 837, Sec. 102(7)

parentheses in (as applicable to

clause (2)). death gratuity),

38:1134(d). 301(c), (d),

38:1101(7) (as 304(d), 70 Stat.

applicable to 860, 868, 869.

children and as

applicable to death

gratuity).

38:1131(c) (words in

parentheses in

clause (2)).

1477(c) 38:1101(7) (less

applicability to

children, as

applicable to death

gratuity).

1477(d) 38:1131(d).

-------------------------------

In subsection (a), the words ''highest on the following list''

are substituted for the words ''first listed below'', in

38:1131(c). The words ''as prescribed by subsection (b)'' are

inserted in clause (2) to reflect that subsection. The words ''or

persons in loco parentis, as prescribed by subsection (c)'' are

inserted in clauses (3) (A) and (4) to reflect the fact that

certain persons who are not parents in the normal sense are

included as eligible survivors.

In subsection (d), the words ''the death gratuity'' are

substituted for the words ''the amount to which he is entitled

under this subchapter''. The words ''next in the order

prescribed'' are substituted for the words ''first listed under''.

AMENDMENTS

1989 - Subsec. (b)(5)(C). Pub. L. 101-189 substituted ''Secretary

of Veterans Affairs'' for ''Administrator of Veterans' Affairs''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1475, 1476, 1478, 1480 of

this title.

-CITE-

10 USC Sec. 1478 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1478. Death gratuity: amount

-STATUTE-

(a) The death gratuity payable under sections 1475 through 1477

of this title shall be $6,000. For this purpose:

(1) A person covered by subsection (a)(1) of section 1475 of

this title who died while traveling to or from active duty (other

than for training) is considered to have been on active duty on

the date of his death.

(2) A person covered by subsection (a)(3) of section 1475 of

this title who died while traveling directly to or from active

duty for training is considered to have been on active duty for

training on the date of his death.

(3) A person covered by subsection (a)(3) of section 1475 of

this title who died while traveling directly to or from inactive

duty training is considered to have been on inactive duty

training on the date of his death.

(4) A person covered by subsection (a)(4) of section 1475 of

this title who died while performing annual training duty or

while traveling directly to or from that duty is considered to

have been entitled, on the date of his death, to the pay

prescribed by the first sentence of section 209(c) of title 37. A

person covered by section 1475(a)(4) of this title who dies while

attending field training or a practice cruise under section

2104(b)(6)(B) of this title, or while traveling directly to or

from the place where the training or cruise is conducted, is

considered to have been entitled, on the date of his death, to

the pay prescribed by the second sentence of section 209(c) of

title 37.

(5) A person covered by subsection (a)(5) of section 1475 of

this title is considered to have been on active duty, on the date

of his death, in the grade that he would have held on final

acceptance, or entry on active duty.

(6) A person covered by section 1476 of this title is

considered to have been entitled, on the date of his death, to

pay at the rate to which he was entitled on the last day on which

he performed duty or training.

(7) A person covered by section 1475 or 1476 of this title who

performed active duty, or inactive duty training, without pay is

considered to have been entitled to basic pay while performing

that duty or training.

(8) A person covered by section 1475 or 1476 of this title who

incurred a disability while on active duty or inactive duty

training and who became entitled to basic pay while receiving

hospital or medical care, including out-patient care, for that

disability, is considered to have been on active duty or inactive

duty training, as the case may be, for as long as he is entitled

to that pay.

(b) A person who is discharged, or released from active duty

(other than for training), is considered to continue on that duty

during the period following the date of his discharge or release

that, as determined by the Secretary concerned, is necessary for

that person to go to his home by the most direct route. That

period may not end before midnight of the day on which the member

is discharged or released.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1454;

amended Pub. L. 88-647, title III, Sec. 301(2), Oct. 13, 1964, 78

Stat. 1071; Pub. L. 89-718, Sec. 11, Nov. 2, 1966, 80 Stat. 1117;

Pub. L. 102-190, div. A, title VI, Sec. 652(a), Dec. 5, 1991, 105

Stat. 1387.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1478(a) 38:1101(6)(B) (last Aug. 1, 1956, ch.

32 words of 1st 837, Sec. 102(6)(B)

sentence, as (last 32 words of

applicable to death 1st sentence, as

gratuity). applicable to death

38:1101(10)(B) (as gratuity), (10)(B)

applicable to death (as applicable to

gratuity). death gratuity),

38:1101(11)(E) (11)(E) (last 27

(last 27 words, as words, as

applicable to death applicable to death

gratuity). gratuity), (12) (as

38:1131(b). applicable to death

38:1133(d). gratuity), 301(b),

38:1134(c). 303(d), 304(c), 70

Stat. 859 - 861,

868, 869.

1478(b) 38:1101(12) (as

applicable to death

gratuity).

-------------------------------

In subsection (a), the word ''pay'' is substituted for the words

''basic pay (plus special and incentive pays)'', since the word

''pay'', as defined in section 101(27) of this title, includes

those types of pay. Clause (1) is inserted to reflect section

1475(a)(1) of this title. Clauses (2) and (3) are substituted for

38:1101(6)(B) (last 32 words of 1st sentence). Clause 4 is

substituted for 38:1101(10)(B). The words ''to the pay prescribed

by section 4385(c) or 9385(c) of this title'' are inserted to

reflect those sections, which prescribe the training pay of members

of reserve officers' training corps units. Clause (5) is

substituted for 38:1101(11)(E) (last 27 words). Clause (6) is

substituted for 38:1133(d). In clause (6), the word ''pay'' is

substituted for the words ''basic pay (plus special and incentive

pays)'', since the word ''pay'', as defined in section 101(27) of

this title, includes those kinds of pay. Clauses (7) and (8) are

substituted for 38:1134(c). In those clauses, the words ''active

duty for training'' are omitted as covered by the definition of

''active duty'' in section 101(22) of this title. In clause (8),

the words ''and who became entitled to basic pay'' are substituted

for the words ''and is placed in a pay status'' and the words ''is

entitled to that pay'' are substituted for the words ''remains in a

pay status''.

In subsection (b), the words ''on or after January 1, 1957'' are

omitted as executed. The words ''(other than for training)'' are

inserted, since the words ''active duty'' in the source statute did

not include active duty for training. The words ''is considered to

continue on that duty'' are substituted for the words ''shall be

deemed to continue on active duty''. The last sentence is

substituted for 38:1101(12) (last 14 words).

AMENDMENTS

1991 - Subsec. (a). Pub. L. 102-190, in first sentence,

substituted ''1475 through 1477'' for ''1475-1477'' and ''$6,000''

for ''equal to six months' pay at the rate to which the decedent

was entitled on the date of his death, except that the gratuity may

not be less than $800 of more than $3,000.''

1966 - Subsec. (a)(4). Pub. L. 89-718 struck out '', United

States Code'' after ''title 37'' in two places.

1964 - Subsec. (a)(4). Pub. L. 88-647 substituted ''the first

sentence of section 209(c) of title 37, United States Code'' for

''section 4385(c) or 9385(c) of this title'', and provided that a

person covered by section 1475(a)(4) of this title who dies in

field training or on a practice cruise, or in travel to or from

such training or cruise, is considered entitled on the day of his

death to the pay prescribed by the second sentence of section

209(c) of Title 37.

EFFECTIVE DATE OF 1991 AMENDMENT; TRANSITION PROVISION

Section 652(b) of Pub. L. 102-190 provided that:

''(1) The amendments made by subsection (a) (amending this

section) shall take effect as of August 2, 1990.

''(2) In the case of the payment of a death gratuity under

sections 1475 through 1477 of title 10, United States Code, with

respect to a person who died during the period beginning on August

2, 1990, and ending on the date of the enactment of this Act (Dec.

5, 1991), the amount of the death gratuity under section 1478(a) of

such title (as amended by subsection (a)) shall be reduced by the

amount of any such gratuity paid with respect to such person under

this section (as in effect on August 1, 1990).''

TEMPORARY INCREASE IN AMOUNT OF DEATH GRATUITY; PERSIAN GULF

CONFLICT

Pub. L. 102-25, title III, Sec. 307, Apr. 6, 1991, 105 Stat. 82,

provided that: ''In lieu of the amount of the death gratuity

specified in section 1478(a) of title 10, United States Code, the

amount of the death gratuity payable under that section shall be

$6,000 for a death resulting from any injury or illness incurred

during the Persian Gulf conflict or during the 180-day period

beginning at the end of the Persian Gulf conflict.''

DEATH GRATUITY FOR CERTAIN PARTICIPANTS WHO DIED BETWEEN AUGUST 1,

1990, AND APRIL 6, 1991

Pub. L. 102-25, title III, Sec. 308, Apr. 6, 1991, 105 Stat. 83,

required Secretary of Defense to pay death gratuity to each SGLI

beneficiary of each deceased member of uniformed services who died

after Aug. 1, 1990, and before Apr. 6, 1991, and whose death was in

conjunction with or in support of Operation Desert Storm, or

attributable to hostile action in regions other than Persian Gulf,

as prescribed in regulations set forth by Secretary of Defense.

-CITE-

10 USC Sec. 1479 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1479. Death gratuity: delegation of determinations, payments

-STATUTE-

For the purpose of making immediate payments under section 1475

of this title, the Secretary concerned shall -

(1) authorize the commanding officer of a territorial command,

installation, or district in which a survivor of a person covered

by that section is residing to determine the beneficiary eligible

for the death gratuity; and

(2) authorize a disbursing or certifying official of each of

those commands, installations, or districts to make the payments

to the beneficiary, or certify the payments due them, as the case

may be.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1455;

amended Pub. L. 97-258, Sec. 2(b)(1)(A), Sept. 13, 1982, 96 Stat.

1052.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1479 38:1132. Aug. 1, 1956, ch.

837, Sec. 302, 70

Stat. 868.

-------------------------------

The word ''territorial'' is substituted for the words ''military

or naval'', since the subsection could only apply to that type of

command, installation, or district. Clause (2) is substituted for

38:1132(2).

AMENDMENTS

1982 - Par. (2). Pub. L. 97-258 substituted ''official'' for

''officer''.

-CITE-

10 USC Sec. 1480 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1480. Death gratuity: miscellaneous provisions

-STATUTE-

(a) A payment may not be made under sections 1475-1477 of this

title if the decedent was put to death as lawful punishment for a

crime or a military offense, unless he was put to death by a

hostile force with which the armed forces of the United States were

engaged in armed conflict.

(b) A payment may not be made under section 1476 unless the

Secretary of Veterans Affairs determines that the decedent was

discharged or released, as the case may be, under conditions other

than dishonorable from the last period of the duty or training that

he performed.

(c) For the purposes of section 1475(a)(3) of this title, the

Secretary concerned shall determine whether the decedent was

authorized or required to perform the duty or training and whether

or not he died from injury so incurred. For the purposes of

section 1476 of this title, the Secretary of Veterans Affairs shall

make those determinations. In making those determinations, the

Secretary concerned or the Secretary of Veterans Affairs, as the

case may be, shall consider -

(1) the hour on which the Reserve began to travel directly to

or from the duty or training;

(2) the hour at which he was scheduled to arrive for, or at

which he ceased performing, that duty or training;

(3) the method of travel used;

(4) the itinerary;

(5) the manner in which the travel was performed; and

(6) the immediate cause of death.

In cases covered by this subsection, the burden of proof is on the

claimant.

(d) Payments under sections 1475-1477 of this title shall be made

from appropriations available for the payment of members of the

armed force concerned.

-SOURCE-

(Added Pub. L. 85-861, Sec. 1(32)(A), Sept. 2, 1958, 72 Stat. 1455;

amended Pub. L. 101-189, div. A, title XVI, Sec. 1621(a)(2), (5),

Nov. 29, 1989, 103 Stat. 1603.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1480(a) 1480(b) 38:1134(a). Aug. 1, 1956, ch.

1480(c) 1480(d) 38:1133(e). 837, Sec. 102(6)(B)

38:1101(6)(B) (less (less 1st sentence,

1st sentence, as as applicable to

applicable to death death gratuity)

gratuity). 303(e), 304(a),

38:1134(b). (b), 70 Stat. 859,

869.

-------------------------------

In subsection (a), the words ''was put to death'' are substituted

for the words ''suffered death''. The words ''or naval'' are

omitted as covered by the word ''military''.

In subsection (b), the words ''last period * * * that he

performed'' are substituted for the words ''such period''.

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-189, Sec. 1621(a)(2), substituted

''Secretary of Veterans Affairs'' for ''Administrator of Veterans'

Affairs''.

Subsec. (c). Pub. L. 101-189, Sec. 1621(a)(2), (5), substituted

''Secretary of Veterans Affairs'' for ''Administrator of Veterans'

Affairs'' after ''section 1476 of this title, the'' and ''the

Secretary concerned or the Secretary of Veterans Affairs'' for

''the Secretary or the Administrator''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1475, 1476 of this title.

-CITE-

10 USC Sec. 1481 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1481. Recovery, care, and disposition of remains: decedents

covered

-STATUTE-

(a) The Secretary concerned may provide for the recovery, care,

and disposition of the remains of the following persons:

(1) Any Regular of an armed force under his jurisdiction who

dies while on active duty.

(2) A member of a reserve component of an armed force who dies

while -

(A) on active duty;

(B) performing inactive-duty training;

(C) performing authorized travel directly to or from active

duty or inactive-duty training;

(D) remaining overnight immediately before the commencement

of inactive-duty training, or remaining overnight, between

successive periods of inactive-duty training, at or in the

vicinity of the site of the inactive-duty training;

(E) hospitalized or undergoing treatment for an injury,

illness, or disease incurred or aggravated while on active duty

or performing inactive-duty training; or

(F) either -

(i) serving on funeral honors duty under section 12503 of

this title or section 115 of title 32;

(ii) traveling directly to or from the place at which the

member is to so serve; or

(iii) remaining overnight at or in the vicinity of that

place before so serving, if the place is outside reasonable

commuting distance from the member's residence.

((3) Repealed. Pub. L. 99-661, div. A, title VI, Sec.

604(e)(3)(B), Nov. 14, 1986, 100 Stat. 3877.)

(4) Any member of, or applicant for membership in, a reserve

officers' training corps who dies while (A) attending a training

camp, (B) on an authorized practice cruise, (C) performing

authorized travel to or from such a camp or cruise, or (D)

hospitalized or undergoing treatment at the expense of the United

States for injury incurred, or disease contracted, while

attending such a camp, while on such a cruise, or while

performing that travel.

(5) Any accepted applicant for enlistment in an armed force

under his jurisdiction.

(6) Any person who has been discharged from an enlistment in an

armed force under his jurisdiction while a patient in a United

States hospital, and who continues to be such a patient until the

date of his death.

(7) A person who -

(A) dies as a retired member of an armed force under the

Secretary's jurisdiction during a continuous hospitalization of

the member as a patient in a United States hospital that began

while the member was on active duty for a period of more than

30 days; or

(B) is not covered by subparagraph (A) and, while in a

retired status by reason of eligibility to retire under chapter

61 of this title, dies during a continuous hospitalization of

the person that began while the person was on active duty as a

Regular of an armed force under the Secretary's jurisdiction.

(8) Any military prisoner who dies while in his custody.

(9) To the extent authorized under section 1482(f) of this

title, any retired member of an armed force who dies while

outside the United States or any individual who dies outside the

United States while a dependent of such a member.

(b) This section applies to each person covered by subsection

(a)(1)-(7) even though he may have been temporarily absent from

active duty, with or without leave, at the time of his death,

unless he had been dropped from the rolls of his organization

before his death.

(c) In this section, the term ''dependent'' has the meaning given

such term in section 1072(2) of this title.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 112; Pub. L. 88-647, title III,

Sec. 301(3), Oct. 13, 1964, 78 Stat. 1071; Pub. L. 99-661, div. A,

title VI, Sec. 604(e)(3), Nov. 14, 1986, 100 Stat. 3877; Pub. L.

103-337, div. A, title VI, Sec. 652(a)(1), Oct. 5, 1994, 108 Stat.

2793; Pub. L. 104-106, div. A, title VII, Sec. 702(b), Feb. 10,

1996, 110 Stat. 371; Pub. L. 105-85, div. A, title V, Sec. 513(e),

Nov. 18, 1997, 111 Stat. 1732; Pub. L. 105-261, div. A, title VI,

Sec. 645(a), (b), Oct. 17, 1998, 112 Stat. 2049, 2050; Pub. L.

106-65, div. A, title V, Sec. 578(i)(5), Oct. 5, 1999, 113 Stat.

630; Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1087(d)(3)),

Oct. 30, 2000, 114 Stat. 1654, 1654A-293; Pub. L. 107-107, div. A,

title V, Sec. 513(c), title VI, Sec. 638(b)(2), Dec. 28, 2001, 115

Stat. 1093, 1147.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1481(a) 5:2151 (as July 15, 1954, ch.

applicable to armed 507, Sec. 1, 2 (1st

forces). 5:2152 25 words, as

(1st 27 words, as applicable to armed

applicable to armed forces), 3 (less

forces). 5:2153 1st 16 words, as

(less 1st 18 words, applicable to armed

as applicable to forces), 4 (as

armed forces). applicable to armed

forces), 68 Stat.

478.

1481(b) 5:2154 (as

applicable to armed

forces).

-------------------------------

In subsection (a), 5:2151 is omitted as covered by the revised

sections of this chapter. In clauses (1), (2), (5)-(7), the words

''under his jurisdiction'' are inserted for clarity. In clause (1)

the words ''regular member of an armed force, or member of an armed

force without component'' are substituted for the words ''military

personnel'', since all other members of the military services are

covered by more specific rules set forth in clauses (2) and (7). In

clauses (2) and (3), the words ''active duty for training'' are

omitted as covered by the words ''active duty''. The words

''injury incurred, or disease contracted'' are substituted for the

words ''injuries, illness, or disease contracted or incurred''.

The words ''by law'', ''authorized'', ''proper authority'', and

''as authorized by law'' are omitted as surplusage. In clause (3),

the words ''while entitled to'' are substituted for the words ''in

respect of duty for which they are entitled by law to receive''.

In clause (4), the words ''injury incurred, or disease contracted''

are substituted for the words ''injury, disease or illness

contracted or incurred''. The words ''as authorized by law'' are

omitted as surplusage. In clause (6), the word ''person'' is

substituted for the words ''former enlisted members''. In clause

(7), the words ''active duty for a period of more than 30 days''

are substituted for the words ''extended active duty''.

In subsection (b), the words ''This section applies to each

person * * * even though'' are substituted for the words ''The

benefits of this Act shall not be denied in respect of a person * *

* on the ground''.

AMENDMENTS

2001 - Subsec. (a)(2)(D). Pub. L. 107-107, Sec. 513(c), struck

out '', if the site is outside reasonable commuting distance from

the member's residence'' before semicolon at end.

Subsec. (a)(9). Pub. L. 107-107, Sec. 638(b)(2), substituted

''section 1482(f)'' for ''section 1482(g)''.

2000 - Subsec. (a)(1). Pub. L. 106-398 amended directory language

of Pub. L. 105-261, Sec. 645(b). See 1998 Amendment note below.

1999 - Subsec. (a)(2)(F). Pub. L. 106-65 added subpar. (F).

1998 - Subsec. (a)(1). Pub. L. 105-261, Sec. 645(b), as amended

by Pub. L. 106-398, struck out '', or member of an armed force

without component,'' after ''Regular of an armed force''.

Subsec. (a)(7). Pub. L. 105-261, Sec. 645(a), amended par. (7)

generally. Prior to amendment, par. (7) read as follows: ''Any

retired member of an armed force under his jurisdiction who becomes

a patient in a United States hospital while he is on active duty

for a period of more than 30 days, and who continues to be such a

patient until the date of his death.''

1997 - Subsec. (a)(2)(D). Pub. L. 105-85 inserted ''remaining

overnight immediately before the commencement of inactive-duty

training, or'' after ''(D)''.

1996 - Subsec. (a)(2)(C) to (E). Pub. L. 104-106 struck out

''or'' at end of subpar. (C), added subpar. (D), and redesignated

former subpar. (D) as (E).

1994 - Subsec. (a). Pub. L. 103-337, Sec. 652(a)(1)(A),

substituted ''the remains of the following persons:'' for ''the

remains of - '', capitalized the first letter of the first word in

pars. (1) to (8), substituted a period for the last semicolon in

pars. (1) to (6), substituted a period for ''; and'' in par. (7),

and added par. (9).

Subsec. (c). Pub. L. 103-337, Sec. 652(a)(1)(B), added subsec.

(c).

1986 - Subsec. (a)(2), (3). Pub. L. 99-661 added par. (2) and

struck out former pars. (2) and (3) which read as follows:

''(2) any Reserve of an armed force under his jurisdiction who

dies while (A) on active duty, (B) performing authorized travel to

or from that duty, (C) on authorized inactive-duty training, or (D)

hospitalized or undergoing treatment at the expense of the United

States for injury incurred, or disease contracted, while on that

duty or training or while performing that travel;

''(3) any member of the Army National Guard or Air National Guard

who dies while entitled to pay from the United States and while (A)

on active duty, (B) performing authorized travel to or from that

duty, (C) on authorized inactive-duty training, or (D) hospitalized

or undergoing treatment at the expense of the United States for

injury incurred, or disease contracted, while on that duty or

training or while performing that travel;''.

1964 - Subsec. (a)(4). Pub. L. 88-647 substituted '', or

applicant for membership in, a reserve officers' training corps''

for ''the Army Reserve Officers' Training Corps, Naval Reserve

Officers' Training Corps, or Air Force Reserve Officers' Training

Corps''.

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-398, Sec. 1 ((div. A), title X, Sec. 1087(d)), Oct.

30, 2000, 114 Stat. 1654, 1654A-292, provided that the amendment

made by section 1 ((div. A), title X, Sec. 1087(d)(3)) is effective

Oct. 17, 1998, and as if included in the Strom Thurmond National

Defense Authorization Act for Fiscal Year 1999, Pub. L. 105-261, as

enacted.

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. A, title VI, Sec. 645(c), Oct. 17, 1998,

112 Stat. 2050, provided that: ''The amendment made by subsection

(a) (amending this section) applies with respect to deaths

occurring on or after the date of the enactment of this Act (Oct.

17, 1998).''

EFFECTIVE DATE OF 1994 AMENDMENT

Section 652(a)(3) of Pub. L. 103-337 provided that: ''The

amendments made by this subsection (amending this section and

section 1482 of this title) shall apply with respect to the remains

of, and incidental expenses incident to the recovery, care, and

disposition of, an individual who dies after the date of the

enactment of this Act (Oct. 5, 1994).''

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1482, 1490 of this title.

-CITE-

10 USC Sec. 1482 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1482. Expenses incident to death

-STATUTE-

(a) Incident to the recovery, care, and disposition of the

remains of any decedent covered by section 1481 of this title, the

Secretary concerned may pay the necessary expenses of the

following:

(1) Recovery and identification of the remains.

(2) Notification to the next of kin or other appropriate

person.

(3) Preparation of the remains for burial, including cremation

if requested by the person designated to direct disposition of

the remains.

(4) Furnishing of a uniform or other clothing.

(5) Furnishing of a casket or urn, or both, with outside box.

(6) Hearse service.

(7) Funeral director's services.

(8) Transportation of the remains, and roundtrip transportation

and prescribed allowances for an escort of one person, to the

place selected by the person designated to direct disposition of

the remains or, if such a selection is not made, to a national or

other cemetery which is selected by the Secretary and in which

burial of the decedent is authorized.

(9) Interment of the remains.

(10) Presentation of a flag of the United States to the person

designated to direct disposition of the remains, except in the

case of a military prisoner who dies while in the custody of the

Secretary and while under a sentence that includes a discharge.

(11) Presentation of a flag of equal size to the flag presented

under paragraph (10) to the parents or parent, if the person to

be presented a flag under paragraph (10) is other than the parent

of the decedent. For the purpose of this paragraph, the term

''parent'' includes a natural parent, a stepparent, a parent by

adoption or a person who for a period of not less than one year

before the death of the decedent stood in loco parentis to him,

and preference under this paragraph shall be given to the persons

who exercised a parental relationship at the time of, or most

nearly before, the death of the decedent.

(b) If an individual pays any expense payable by the United

States under this section, the Secretary concerned shall reimburse

him or his representative in an amount not larger than that

normally incurred by the Secretary in furnishing the supply or

service concerned. If reimbursement by the United States is also

authorized under another provision of law or regulation, the

individual may elect under which provision to be reimbursed.

(c) Only the following persons may be designated to direct

disposition of the remains of a decedent covered by this chapter:

(1) The surviving spouse of the decedent.

(2) Blood relatives of the decedent.

(3) Adoptive relatives of the decedent.

(4) If no person covered by clauses (1)-(3) can be found, a

person standing in loco parentis to the decedent.

(d) When the remains of a decedent covered by section 1481 of

this title, whose death occurs after January 1, 1961, are

determined to be nonrecoverable, the person who would have been

designated under subsection (c) to direct disposition of the

remains if they had been recovered may be -

(1) presented with a flag of the United States; however, if the

person designated by subsection (c) is other than a parent of the

deceased member, a flag of equal size may also be presented to

the parents, and

(2) reimbursed by the Secretary concerned for the necessary

expenses of a memorial service.

However, the amount of the reimbursement shall be determined in the

manner prescribed in subsection (b) for an interment, but may not

be larger than that authorized when the United States provides the

grave site. A claim for reimbursement under this subsection may be

allowed only if it is presented within two years after the date of

death or the date the person who would have been designated under

subsection (c) to direct disposition of the remains, if they had

been recovered, receives notification that the member has been

reported or determined to be dead under authority of chapter 10 of

title 37, whichever is later.

(e) The Secretary concerned may pay the necessary expenses for

the presentation of a flag to the person designated to direct the

disposition of the remains of a member of the Reserve of an armed

force under his jurisdiction who dies under honorable circumstances

as determined by the Secretary and who is not covered by section

1481 of this title if, at the time of such member's death, he -

(1) was a member of the Ready Reserve; or

(2) had performed at least twenty years of service as computed

under section 12732 of this title and was not entitled to retired

pay under section 12731 of this title.

(f) The payment of expenses incident to the recovery, care, and

disposition of a decedent covered by section 1481(a)(9) of this

title is limited to the payment of expenses described in paragraphs

(1) through (5) of subsection (a) and air transportation of the

remains from a location outside the United States to a point of

entry in the United States. Such air transportation may be provided

without reimbursement on a space-available basis in military or

military-chartered aircraft. The Secretary concerned shall pay all

other expenses authorized to be paid under this subsection only on

a reimbursable basis. Amounts reimbursed to the Secretary

concerned under this subsection shall be credited to appropriations

available, at the time of reimbursement, for the payment of such

expenses.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 113; Pub. L. 85-716, Aug. 21,

1958, 72 Stat. 708; Pub. L. 91-397, Sept. 1, 1970, 84 Stat. 837;

Pub. L. 91-487, Oct. 22, 1970, 84 Stat. 1086; Pub. L. 93-292, May

28, 1974, 88 Stat. 176; Pub. L. 93-649, Jan. 8, 1975, 88 Stat.

2361; Pub. L. 101-189, div. A, title VI, Sec. 652(a)(3),

653(a)(6), title XVI, Sec. 1622(c)(4), Nov. 29, 1989, 103 Stat.

1461, 1462, 1604; Pub. L. 103-337, div. A, title VI, Sec.

652(a)(2), title XVI, Sec. 1671(c)(8), Oct. 5, 1994, 108 Stat.

2793, 3014; Pub. L. 104-106, div. A, title XV, Sec. 1501(c)(19),

Feb. 10, 1996, 110 Stat. 499; Pub. L. 107-107, div. A, title VI,

Sec. 638(b)(1), Dec. 28, 2001, 115 Stat. 1147.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1482(a) 1482(b) 5:2152 (less 1st 27 July 15, 1954, ch.

1482(c) words, as 507, Sec. 2 (less

applicable to armed 1st 25 words, as

forces). 5:2153 applicable to armed

(1st 18 words, as forces), 3 (1st 16

applicable to armed words, as

forces). 5:2161 (as applicable to armed

applicable to armed forces), 11 (as

forces). 5:2162 (as applicable to armed

applicable to armed forces), 12 (as

forces). applicable to armed

forces), 68 Stat.

478, 480, 481.

-------------------------------

In subsection (a), the list of payable expenses has been

rearranged to produce a generally chronological result. The words

''person designated'' are substituted for the words ''person

recognized as the person.''

In subsection (a)(4), the words ''articles of'' are omitted as

surplusage.

In subsection (a)(8), the word ''place'' is substituted for the

words ''town or city''.

In subsection (a)(10), the words ''other than honorable'' are

omitted, since a person cannot be sentenced to an honorable

discharge.

In subsection (b), the words ''If an individual pays'' are

substituted for the words ''In any case where expenses * * * are

borne by individuals''. The second sentence of 5:2161 is omitted

as executed. The last sentence is substituted for the last

sentence of 5:2161.

In subsection (c), 5:2162 (1st sentence) is omitted since the

Secretary has inherent authority to issue regulations appropriate

to exercising his statutory functions. The introductory language

is substituted for 5:2162 (1st 22 words of 2d sentence). The words

''ascertained and'' are omitted as surplusage.

AMENDMENTS

2001 - Subsecs. (d) to (g). Pub. L. 107-107 redesignated subsecs.

(e) to (g) as (d) to (f), respectively, and struck out former

subsec. (d) which read as follows: ''When, as a result of a

disaster involving the multiple deaths of persons covered by

section 1481 of this title, the Secretary concerned has possession

of commingled remains that cannot be individually identified, and

burial of those remains in a common grave in a national cemetery is

considered necessary, he may, for the interment services of each

known decedent, pay the expenses of round-trip transportation to

the cemetery of (1) the person who would have been designated under

subsection (c) to direct disposition of the remains if individual

identification had been made, and (2) two additional persons

selected by that person who are closely related to the decedent.

The transportation expenses authorized to be paid under this

subsection may not exceed the transportation allowances authorized

for members of the armed forces for travel on official business,

but no per diem allowance may be paid.''

1996 - Subsec. (f)(2). Pub. L. 104-106 inserted ''section''

before ''12731''.

1994 - Subsec. (f)(2). Pub. L. 103-337, Sec. 1671(c)(8),

substituted ''section 12732'' for ''section 1332'' and ''12731''

for ''section 1331''.

Subsec. (g). Pub. L. 103-337, Sec. 652(a)(2), added subsec. (g).

1989 - Subsec. (a). Pub. L. 101-189, Sec. 653(a)(6)(A),

substituted ''expenses of the following:'' for ''expenses of - ''

in introductory provisions.

Subsec. (a)(1) to (9). Pub. L. 101-189, Sec. 653(a)(6)(B), (C),

in each of pars. (1) to (9), capitalized first letter of first word

and substituted period for semicolon at the end.

Subsec. (a)(10). Pub. L. 101-189, Sec. 653(a)(6)(B), (D),

capitalized first letter of first word and substituted period for

''; and''.

Subsec. (a)(11). Pub. L. 101-189, Sec. 653(a)(6)(B), (E),

capitalized first letter of first word, substituted ''paragraph''

for ''clause'' in four places, and substituted ''decedent. For

the'' for ''decedent; for the''.

Subsec. (e). Pub. L. 101-189, Sec. 652(a)(3), 1622(c)(4),

substituted ''the date of death'' for ''the effective date of this

subsection, or the date of death,'' and ''chapter 10 of title 37''

for ''chapter 10, title 37'' in last sentence.

1975 - Subsec. (e). Pub. L. 93-649 inserted provision relating to

date of notification of death under authority of chapter 10, title

37, to that person who would have been designated under subsection

(c) to direct disposition of the remains, had they been recovered.

1974 - Subsec. (f). Pub. L. 93-292 added subsec. (f).

1970 - Subsec. (a)(11). Pub. L. 91-397 added cl. (11).

Subsec. (e). Pub. L. 91-487 added subsec. (e).

1958 - Subsec. (d). Pub. L. 85-716 added subsec. (d).

EFFECTIVE DATE OF 1996 AMENDMENT

Section 1501(c) of Pub. L. 104-106 provided that the amendment

made by that section is effective as of Dec. 1, 1994, and as if

included as an amendment made by the Reserve Officer Personnel

Management Act, title XVI of Pub. L. 103-337, as originally

enacted.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 652(a)(2) of Pub. L. 103-337 applicable with

respect to remains of, and incidental expenses incident to

recovery, care, and disposition of, an individual who dies after

Oct. 5, 1994, see section 652(a)(3) of Pub. L. 103-337, set out as

a note under section 1481 of this title.

Amendment by section 1671(c)(8) of Pub. L. 103-337 effective Dec.

1, 1994, except as otherwise provided, see section 1691 of Pub. L.

103-337, set out as an Effective Date note under section 10001 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1481, 1482a, 1490, 1513

of this title; title 37 section 411f; title 38 section 2301.

-CITE-

10 USC Sec. 1482a 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1482a. Expenses incident to death: civilian employees serving

with an armed force

-STATUTE-

(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 5.

(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(a)(11) 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.

-SOURCE-

(Added Pub. L. 103-160, div. A, title III, Sec. 368(a), Nov. 30,

1993, 107 Stat. 1633; amended Pub. L. 103-337, div. A, title X,

Sec. 1070(a)(8)(A), Oct. 5, 1994, 108 Stat. 2855; Pub. L. 107-296,

title XVII, Sec. 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)

-MISC1-

AMENDMENTS

2002 - Subsec. (b). Pub. L. 107-296 substituted ''of Homeland

Security'' for ''of Transportation'' in two places.

1994 - Pub. L. 103-337 substituted ''civilian'' for ''Civilian''

in section catchline.

EFFECTIVE DATE OF 2002 AMENDMENT

Amendment by Pub. L. 107-296 effective on the date of transfer of

the Coast Guard to the Department of Homeland Security, see section

1704(g) of Pub. L. 107-296, set out as a note under section 101 of

this title.

EFFECTIVE DATE

Section 368(c) of Pub. L. 103-160 provided 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).''

-CITE-

10 USC Sec. 1483 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1483. Prisoners of war and interned enemy aliens

-STATUTE-

The Secretary concerned may provide for the care and disposition

of the remains of prisoners of war and interned enemy aliens who

die while in his custody and, incident thereto, pay the necessary

expenses of -

(1) notification to the next of kin or other appropriate

person;

(2) preparation of the remains for burial, including cremation;

(3) furnishing of clothing;

(4) furnishing of a casket or urn, or both, with outside box;

(5) transportation of the remains to the cemetery or other

place selected by the Secretary; and

(6) interment of the remains.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 113.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1483 5:2155 (as July 15, 1954, ch.

applicable to armed 507, Sec. 5 (as

forces). applicable to armed

forces), 68 Stat.

479.

-------------------------------

The list of payable expenses has been rearranged to produce a

generally chronological result. The words ''incurred for'', and

the words ''articles of'' in clause (3), are omitted as

surplusage. In clause (5), the words ''cemetery or other place''

are substituted for the words ''town, city, or cemetery''.

-CITE-

10 USC Sec. 1484 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1484. Pensioners, indigent patients, and persons who die on

military reservations

-STATUTE-

If proper disposition of the remains cannot otherwise be made,

the Secretary concerned may provide for the care and disposition of

the remains of pensioners and indigent patients who die in

hospitals operated by his department and of persons who die on the

military reservations of that department and, incident thereto, pay

the necessary expenses of -

(1) notification to the next of kin or other appropriate

person;

(2) preparation of the remains for burial, including cremation;

(3) furnishing of clothing;

(4) furnishing of a casket or urn, or both, with outside box;

(5) transportation of the remains to a cemetery selected by the

Secretary; and

(6) interment of the remains.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 114.)

-MISC1-

Historical and Revision Notes

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1484 5:2156 (as July 15, 1954, ch.

applicable to armed 507, Sec. 6 (as

forces). applicable to armed

forces), 68 Stat.

479.

-------------------------------

The words ''If proper disposition of the remains cannot otherwise

be made'' are substituted for 5:2156 (last sentence). The words

''maintained and'' and ''incurred for'', and the words ''articles

of'' in clause (3), are omitted as surplusage. The words ''of that

department'' are inserted for clarity.

-CITE-

10 USC Sec. 1485 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1485. Dependents of members of armed forces

-STATUTE-

(a) The Secretary concerned may, if a dependent of a member of an

armed force dies while the member is on active duty (other than for

training), provide for, and pay the necessary expenses of,

transporting the remains of the deceased dependent to the home of

the decedent or to any other place that the Secretary determines to

be the appropriate place of interment.

(b) The Secretary may furnish mortuary services and supplies, on

a reimbursable basis, for persons covered by subsection (a), if (1)

that action is practicable, and (2) local commercial mortuary

services and supplies are not available or the Secretary believes

that their cost is prohibitive.

(c) Reimbursement for mortuary services and supplies furnished

under this section shall be collected and credited to

appropriations available, at the time of reimbursement, for those

services and supplies.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 114; Pub. L. 89-150, Sec. 1(1),

Aug. 28, 1965, 79 Stat. 585.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1485(a) 1485(b) 5:2157 (1st July 15, 1954, ch.

sentence, as 507, Sec. 7(a) (as

applicable to armed applicable to armed

forces). 5:2157 (2d forces), 68 Stat.

sentence, as 479.

applicable to armed

forces).

1485(c) 5:2157 (less 1st and

2d sentences, as

applicable to armed

forces).

-------------------------------

In subsection (a), the words ''a member of an armed force'' are

substituted for the words ''military personnel''. The words ''the

continental limits * * * or in Alaska'' are omitted as covered by

the definition of ''United States'' in section 101(1) of this

title. The words ''while traveling'' are substituted for the words

''while in transit''.

In subsection (b), the word ''services'' is substituted for the

word ''facilities''.

In subsection (c), the words ''the authority of'' and ''the

payments of'' are omitted as surplusage. The words ''at the time

of reimbursement'' are substituted for the word ''current''.

AMENDMENTS

1965 - Pub. L. 89-150 struck out ''; death while outside United

States'' in section catchline.

Subsec. (a). Pub. L. 89-150 substituted provision for payment of

transportation expenses of remains of deceased dependent of a

member of an armed force while the member is on active duty (other

than for training), for former provision for payment of the

expenses where the member of the armed force is on active duty at a

place outside the United States and the dependent dies while

residing with that member or while traveling to or from that place.

-CITE-

10 USC Sec. 1486 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1486. Other citizens of United States

-STATUTE-

(a) If local commercial mortuary services and supplies are not

available, or if he believes that their cost is prohibitive, the

Secretary concerned may furnish those services and supplies on a

reimbursable basis in the case of any of the following citizens of

the United States who die outside the United States:

(1) Any employee of a humanitarian agency accredited to the

armed forces, such as the American Red Cross and the United

Services Organization.

(2) Any civilian performing a service directly for the

Secretary because of employment by an agency under a contract

with the Secretary.

(3) Any officer or member of a crew of a merchant vessel

operated by or for the United States through the Secretary.

(4) Any person who is on duty with an armed force under the

jurisdiction of the Secretary and who is paid from

non-appropriated funds.

(5) Upon the specific request of the Department of State, any

person not otherwise covered by this section.

(6) Any dependent of a person who is covered by this section,

if the dependent is living outside the United States with that

person at the time of death.

(b) The Secretary may furnish transportation of the remains of

persons covered by this section, on a reimbursable basis, to a port

of entry in the United States.

(c) Reimbursement for services, supplies, and transportation

furnished under this section shall be collected and credited to

appropriations available, at the time of reimbursement, for those

services, supplies, and transportation.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 114.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1486(a) 1486(b) 5:2158 (1st sentence July 15, 1954, ch.

as applicable to 507, Sec. 8 (as

armed forces). applicable to armed

5:2158 (2d forces), 68 Stat.

sentence, as 480.

applicable to armed

forces).

1486(c) 5:2158 (less 1st and

2d sentences, as

applicable to armed

forces).

-------------------------------

In subsection (a), the word ''services'' is substituted for the

word ''facilities''. The words ''the continental limits * * * or in

Alaska'' are omitted as covered by definition of ''United States''

in section 101(1) of this title. In clause (3), the word

''masters'' is omitted as covered by the word ''officer''. In

clause (4), the words ''under the jurisdiction of the Secretary''

are inserted for clarity. In clause (5), the words ''otherwise

covered'' are substituted for the words ''specifically

enumerated''. In clause (6), the words ''who is covered'' are

substituted for the words ''within the classes enumerated''. The

words ''outside the United States'' are substituted for the word

''abroad''. The words ''that person'' are substituted for the words

''the supporting citizen concerned''.

In subsection (b), the word ''Government'' is omitted as

surplusage.

In subsection (c), the words ''the authority of'' are omitted as

surplusage. The words ''at the time of reimbursement'' are

substituted for the word ''current''.

-CITE-

10 USC Sec. 1487 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1487. Temporary interment

-STATUTE-

Whenever necessary for the temporary interment of remains pending

transportation under this chapter to a designated cemetery, the

Secretary concerned may acquire, and provide for the maintenance

of, grave sites in commercial cemeteries, or he may acquire the

right to use such grave sites for burial purposes. If the death

occurs outside the United States and a temporary commercial grave

site is not available on a reasonable basis, the Secretary may

acquire land, or the right to use land, necessary for the temporary

interment of the remains under this chapter.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 115.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1487 5:2159 (as July 15, 1954, ch.

applicable to armed 507, Sec. 9 (as

forces). applicable to armed

forces), 68 Stat.

480.

-------------------------------

The words ''as authorized by this chapter, section 103a(c) of

this Title, and section 224 of Title 42'', ''by purchase or

otherwise'', ''care and'', and ''single or multiple'' are omitted

as surplusage. The word ''continental'' is omitted as covered by

the definition of ''United States'' in section 101(1) of this

title.

-CITE-

10 USC Sec. 1488 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1488. Removal of remains

-STATUTE-

If a cemetery on a military reservation, including an

installation cemetery, has been or is to be discontinued, the

Secretary concerned may provide for the removal of remains from

that cemetery to any other cemetery. With respect to any deceased

member of an armed force under his jurisdiction whose last service

terminated honorably by death or otherwise, the Secretary may also

provide for the removal of the remains from a place of temporary

interment, or from an abandoned grave or cemetery, to a national

cemetery.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 115.)

-MISC1-

Historical and Revision Notes

---------------------------------------------------------------------

Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

1488 5:2160 (as July 15, 1954, ch.

applicable to armed 507, Sec. 10 (as

forces). applicable to armed

forces), 68 Stat.

480.

-------------------------------

The words ''national cemeteries, other installation cemeteries,

or'' are omitted as surplusage.

-CITE-

10 USC Sec. 1489 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1489. Death gratuity: members and employees dying outside the

United States while assigned to intelligence duties

-STATUTE-

(a) The Secretary of Defense may pay a gratuity to the surviving

dependents of any member of the armed forces or of any employee of

the Department of Defense -

(1) who -

(A) is assigned to duty with an intelligence component of the

Department of Defense and whose identity as such a member or

employee is disguised or concealed; or

(B) is within a category of individuals determined by the

Secretary of Defense to be engaged in clandestine intelligence

activities; and

(2) who after October 14, 1980 dies as a result of injuries

(excluding disease) sustained outside the United States and whose

death -

(A) resulted from hostile or terrorist activities; or

(B) occurred in connection with an intelligence activity

having a substantial element of risk.

(b) Any payment under subsection (a) -

(1) shall be in an amount equal to the amount of the annual

basic pay or salary of the member or employee concerned at the

time of death;

(2) shall be considered a gift and shall be in lieu of payment

of any lesser death gratuity authorized by this chapter or any

other Federal law; and

(3) shall be made under the same conditions as apply to

payments authorized by section 413 of the Foreign Service Act of

1980 (22 U.S.C. 3973).

-SOURCE-

(Added Pub. L. 96-450, title IV, Sec. 403(b)(1), Oct. 14, 1980, 94

Stat. 1979; amended Pub. L. 97-22, Sec. 11(a)(6), July 10, 1981, 95

Stat. 138; Pub. L. 98-94, title XII, Sec. 1268(9), Sept. 24, 1983,

97 Stat. 706; Pub. L. 99-145, title XIII, Sec. 1303(a)(12), Nov. 8,

1985, 99 Stat. 739.)

-MISC1-

AMENDMENTS

1985 - Subsec. (a). Pub. L. 99-145 substituted ''armed forces''

for ''Armed Forces''.

1983 - Subsec. (a)(2). Pub. L. 98-94 substituted ''October 14,

1980'' for ''the date of the enactment of this section''.

1981 - Subsec. (b)(3). Pub. L. 97-22 substituted ''section 413 of

the Foreign Service Act of 1980 (22 U.S.C. 3973)'' for ''section 14

of the Act of August 1, 1956 (22 U.S.C. 2679a)''.

-CITE-

10 USC Sec. 1490 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1490. Transportation of remains: certain retired members and

dependents who die in military medical facilities

-STATUTE-

(a) Subject to subsection (b), when a member entitled to retired

or retainer pay or equivalent pay, or a dependent of such a member,

dies while properly admitted under chapter 55 of this title to a

medical facility of the armed forces located in the United States,

the Secretary concerned may transport the remains, or pay the cost

of transporting the remains, of the decedent to the place of burial

of the decedent.

(b)(1) Transportation provided under this section may not be to a

place outside the United States or to a place further from the

place of death than the decedent's last place of permanent

residence, and any amount paid under this section may not exceed

the cost of transportation from the place of death to the

decedent's last place of permanent residence.

(2) Transportation of the remains of a decedent may not be

provided under this section if such transportation is authorized by

sections 1481 and 1482 of this title or by chapter 23 of title 38.

(c) In this section:

(1) The term ''United States'' includes the Commonwealth of

Puerto Rico and the territories and possessions of the United

States.

(2) The term ''dependent'' has the meaning given such term in

section 1072(2) of this title.

-SOURCE-

(Added Pub. L. 98-94, title X, Sec. 1032(a)(1), Sept. 24, 1983, 97

Stat. 671; amended Pub. L. 100-26, Sec. 7(k)(3), Apr. 21, 1987, 101

Stat. 284; Pub. L. 102-190, div. A, title VI, Sec. 626(a), (b)(1),

Dec. 5, 1991, 105 Stat. 1379, 1380.)

-MISC1-

AMENDMENTS

1991 - Pub. L. 102-190, Sec. 626(b)(1), amended section catchline

generally. Prior to amendment, section catchline read as follows:

''Transportation of remains of members entitled to retired or

retainer pay who die in a military medical facility''.

Subsec. (a). Pub. L. 102-190, Sec. 626(a)(1), inserted '', or a

dependent of such a member,'' after ''equivalent pay''.

Subsec. (c). Pub. L. 102-190, Sec. 626(a)(2), added subsec. (c)

and struck out former subsec. (c) which read as follows: ''In this

section, the term 'United States' includes the Commonwealth of

Puerto Rico and the territories and possessions of the United

States.''

1987 - Subsec. (c). Pub. L. 100-26 inserted ''the term'' after

''In this section,''.

EFFECTIVE DATE

Section 1032(b) of Pub. L. 98-94 provided that: ''Section 1490 of

title 10, United States Code, as added by subsection (a), shall

apply with respect to the transportation of the remains of persons

dying after September 30, 1983.''

-CITE-

10 USC Sec. 1491 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle A - General Military Law

PART II - PERSONNEL

CHAPTER 75 - DECEASED PERSONNEL

SUBCHAPTER II - DEATH BENEFITS

-HEAD-

Sec. 1491. Funeral honors functions at funerals for veterans

-STATUTE-

(a) Availability of Funeral Honors Detail Ensured. - The

Secretary of Defense shall ensure that, upon request, a funeral

honors detail is provided for the funeral of any veteran.

(b) Composition of Funeral Honors Details. - (1) The Secretary of

each military department shall ensure that a funeral honors detail

for the funeral of a veteran consists of two or more persons.

(2) At least two members of the funeral honors detail for a

veteran's funeral shall be members of the armed forces (other than

members in a retired status), at least one of whom shall be a

member of the armed force of which the veteran was a member. The

remainder of the detail may consist of members of the armed forces

(including members in a retired status), or members of veterans

organizations or other organizations approved for purposes of this

section under regulations prescribed by the Secretary of Defense.

Each member of the armed forces in the detail shall wear the

uniform of the member's armed force while serving in the detail.

(c) Ceremony. - A funeral honors detail shall, at a minimum,

perform at the funeral a ceremony that includes the folding of a

United States flag and presentation of the flag to the veteran's

family and the playing of Taps. Unless a bugler is a member of the

detail, the funeral honors detail shall play a recorded version of

Taps using audio equipment which the detail shall provide if

adequate audio equipment is not otherwise available for use at the

funeral.

(d) Support. - (1) To support a funeral honors detail under this

section, the Secretary of a military department may provide the

following:

(A) For a person who participates in a funeral honors detail

(other than a person who is a member of the armed forces not in a

retired status or an employee of the United States), either

transportation (or reimbursement for transportation) and expenses

or the daily stipend prescribed under paragraph (2).

(B) For members of a veterans organization or other

organization referred to in subsection (b)(2) and for members of

the armed forces in a retired status, materiel, equipment, and

training.

(C) For members of a veterans organization or other

organization referred to in subsection (b)(2), articles of

clothing that, as determined by the Secretary concerned, are

appropriate as a civilian uniform for persons participating in a

funeral honors detail.

(2) The Secretary of Defense shall prescribe annually a flat rate

daily stipend for purposes of paragraph (1)(A). Such stipend shall

be set at a rate so as to encompass typical costs for

transportation and other miscellaneous expenses for persons

participating in funeral honors details who are members of the

armed forces in a retired status and other persons who are not

members of the armed forces or employees of the United States.

(3) A stipend paid under this subsection to a member of the armed

forces in a retired status is in addition to any compensation to

which the member is entitled under section 435(a)(2) of title 37

and any other compensation to which the member may be entitled.

(e) Waiver Authority. - (1) The Secretary of Defense may waive

any requirement provided in or pursuant to this section when the

Secretary considers it necessary to do so to meet the requirements

of war, national emergency, or a contingency operation or other

military requirements. The authority to make such a waiver may not

be delegated to an official of a military department other than the

Secretary of the military department and may not be delegated

within the Office of the Secretary of Defense to an official at a

level below Under Secretary of Defense.

(2) Before or promptly after granting a waiver under paragraph

(1), the Secretary shall transmit a notification of the waiver to

the Committees on Armed Services of the Senate and House of

Representatives.

(f) Regulations. - The Secretary of Defense shall prescribe

regulations to carry out this section. Those regulations shall

include the following:

(1) A system for selection of units of the armed forces and

other organizations to provide funeral honors details.

(2) Procedures for responding and coordinating responses to

requests for funeral honors details.

(3) Procedures for establishing standards and protocol.

(4) Procedures for providing training and ensuring quality of

performance.

(g) Annual Report. - The Secretary of Defense shall submit to the

Committee on Armed Services of the Senate and the Committee on

Armed Services of the House of Representatives a report not later

than January 31 of each year beginning with 2001 and ending with

2005 on the experience of the Department of Defense under this

section. Each such report shall provide data on the number of

funerals supported under this section, the cost for that support,

shown by manpower and other cost factors, and the number and costs

of funerals supported by each participating organization. The data

in the report shall be presented in a standard format, regardless

of military department or other organization.

(h) Veteran Defined. - In this section, the term ''veteran''

means a decedent who -

(1) served in the active military, naval, or air service (as

defined in section 101(24) of title 38) and who was discharged or

released therefrom under conditions other than dishonorable; or

(2) was a member or former member of the Selected Reserve

described in section 2301(f) of title 38.

-SOURCE-

(Added Pub. L. 105-261, div. A, title V, Sec. 567(b)(1), Oct. 17,

1998, 112 Stat. 2030; amended Pub. L. 106-65, div. A, title V,

Sec. 578(a)(1), (b)-(e), (k)(1), title X, Sec. 1067(1), Oct. 5,

1999, 113 Stat. 625-627, 630, 774; Pub. L. 107-107, div. A, title

V, Sec. 561(a), 564, Dec. 28, 2001, 115 Stat. 1119, 1120; Pub. L.

107-314, div. A, title V, Sec. 571, Dec. 2, 2002, 116 Stat. 2556.)

-MISC1-

AMENDMENTS

2002 - Subsec. (d)(1). Pub. L. 107-314, Sec. 571(1), designated

existing provisions as par. (1) and substituted '' To support a''

for ''To provide a''. Former par. (1) redesignated (1)(A).

Subsec. (d)(1)(A). Pub. L. 107-314, Sec. 571(2), redesignated

par. (1) as subpar. (A) of par. (1) and amended it generally.

Prior to amendment, text read as follows: ''Transportation, or

reimbursement for transportation, and expenses for a person who

participates in the funeral honors detail and is not a member of

the armed forces or an employee of the United States.''

Subsec. (d)(1)(B). Pub. L. 107-314, Sec. 571(3), redesignated

par. (2) as subpar. (B) of par. (1), substituted ''For'' for

''Materiel, equipment, and training for'', and inserted ''and for

members of the armed forces in a retired status, materiel,

equipment, and training'' before period at end.

Subsec. (d)(1)(C). Pub. L. 107-314, Sec. 571(4), redesignated

par. (3) as subpar. (C) of par. (1), substituted ''For'' for

''Articles of clothing for'', and inserted '', articles of

clothing'' after ''subsection (b)(2)''.

Subsec. (d)(2), (3). Pub. L. 107-314, Sec. 571(5), added pars.

(2) and (3). Former pars. (2) and (3) redesignated subpars. (B) and

(C), respectively, of par. (1).

2001 - Subsec. (b)(2). Pub. L. 107-107, Sec. 561(a), inserted

''(other than members in a retired status)'' after ''members of the

armed forces'' in first sentence and inserted ''(including members

in a retired status),'' after ''members of the armed forces'' in

second sentence.

Subsec. (d)(3). Pub. L. 107-107, Sec. 564, added par. (3).

1999 - Pub. L. 106-65, Sec. 578(k)(1), substituted ''Funeral

honors functions at funerals for veterans'' for ''Honor guard

details at funerals of veterans'' as section catchline.

Subsec. (a). Pub. L. 106-65, Sec. 578(a)(1), amended heading and

text of subsec. (a) generally. Prior to amendment, text read as

follows: ''The Secretary of a military department shall, upon

request, provide an honor guard detail (or ensure that an honor

guard detail is provided) for the funeral of any veteran that

occurs after December 31, 1999.''

Subsec. (b). Pub. L. 106-65, Sec. 578(b), substituted ''Funeral

Honors Details'' for ''Honor Guard Details'' in subsec. (b)

heading, designated existing provisions as par. (1), substituted

''a funeral honors detail'' for ''an honor guard detail'' and ''two

or more persons.'' for ''not less than three persons and (unless a

bugler is part of the detail) has the capability to play a recorded

version of Taps.'', redesignated subsec. (c) as subsec. (b)(2),

struck out former subsec. (c) heading ''Persons Forming Honor

Guards'', and substituted ''At least two members of the funeral

honors detail for a veteran's funeral shall be members of the armed

forces, at least one of whom shall be a member of the armed force

of which the veteran was a member. The remainder of the detail''

for ''An honor guard detail'' and ''Each member of the armed forces

in the detail shall wear the uniform of the member's armed force

while serving in the detail.'' for ''The Secretary of a military

department may provide transportation, or reimbursement for

transportation, and expenses for a person who participates in an

honor guard detail under this section and is not a member of the

armed forces or an employee of the United States.''

Subsec. (c). Pub. L. 106-65, Sec. 578(c)(2), added subsec. (c).

Former subsec. (c) redesignated subsec. (b)(2).

Subsecs. (d), (e). Pub. L. 106-65, Sec. 578(c)(2), added subsecs.

(d) and (e). Former subsecs. (d) and (e) redesignated (f) and (g),

respectively.

Subsec. (f). Pub. L. 106-65, Sec. 578(d), amended heading and

text of subsec. (f) generally. Prior to amendment, text read as

follows: ''The Secretary of Defense shall by regulation establish a

system for selection of units of the armed forces and other

organizations to provide honor guard details. The system shall

place an emphasis on balancing the funeral detail workload among

the units and organizations providing honor guard details in an

equitable manner as they are able to respond to requests for such

details in terms of geographic proximity and available resources.

The Secretary shall provide in such regulations that the armed

force in which a veteran served shall not be considered to be a

factor when selecting the military unit or other organization to

provide an honor guard detail for the funeral of the veteran.''

Pub. L. 106-65, Sec. 578(c)(1), redesignated subsec. (d) as (f).

Former subsec. (f) redesignated (h).

Subsec. (g). Pub. L. 106-65, Sec. 1067(1), substituted ''and the

Committee on Armed Services'' for ''and the Committee on National

Security''.

Pub. L. 106-65, Sec. 578(c)(1), redesignated subsec. (e) as (g).

Subsec. (h). Pub. L. 106-65, Sec. 578(e), amended heading and

text of subsec. (h) generally. Prior to amendment, text read as

follows: ''In this section, the term 'veteran' has the meaning

given that term in section 101(2) of title 38.''

Pub. L. 106-65, Sec. 578(c)(1), redesignated subsec. (f) as (h).

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-65, div. A, title V, Sec. 578(a)(2), Oct. 5, 1999,

113 Stat. 625, provided that: ''Section 1491(a) of title 10, United

States Code, as amended by paragraph (1), shall apply with respect

to funerals that occur after December 31, 1999.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 115, 1588, 12503, 12552

of this title; title 32 section 115; title 37 section 435.

-CITE-