10 U.S.C. § 1482 — Expenses incident to death

Page 1408 TITLE 10—ARMED FORCES § 1482 ment made by section 1 [[div. A], title X, § 1087(d)(3)] is effective Oct. 17, 1998, and as if included in the Strom Thurmond National Defense Authorization Act for Fis- cal Year 1999, Pub. L. 105–261, as enacted. EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. A, title VI, § 645(c), Oct. 17, 1998, 112 Stat. 2050, provided that: ‘‘The amendment made by subsection (a) [amending this section] applies with re- spect to deaths occurring on or after the date of the en- actment of this Act [Oct. 17, 1998].’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–337, div. A, title VI, § 652(a)(3), Oct. 5, 1994, 108 Stat. 2794, provided that: ‘‘The amendments made by this subsection [amending this section and section 1482 of this title] shall apply with respect to the re- mains of, and incidental expenses incident to the recov- ery, 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. REQUIREMENT FOR DEPLOYING MILITARY MEDICAL PER- SONNEL TO BE TRAINED IN PRESERVATION OF RE- MAINS UNDER COMBAT OR COMBAT-RELATED CONDI- TIONS Pub. L. 109–364, div. A, title V, § 567, Oct. 17, 2006, 120 Stat. 2224, provided that: ‘‘(a) REQUIREMENT.—The Secretary of each military department shall ensure that each military health care professional under that Secretary’s jurisdiction who is deployed to a theater of combat operations is trained, before such deployment, in the preservation of remains under combat or combat-related conditions. ‘‘(b) MATTERS COVERED BY TRAINING.—The training under subsection (a) shall include, at a minimum, the following: ‘‘(1) Best practices and procedures for the preserva- tion of the remains of a member of the Armed Forces after death, taking into account the conditions likely to be encountered and the objective of returning the remains to the member’s family in the best possible condition. ‘‘(2) Practical case studies based on experience of the Armed Forces in a variety of climactic condi- tions. ‘‘(c) COVERED MILITARY HEALTH CARE PROFES- SIONALS.—In this section, the term ‘military health care professional’ means— ‘‘(1) a physician, nurse, nurse practitioner, physi- cian assistant, or combat medic; and ‘‘(2) any other medical personnel with medical spe- cialties who may provide direct patient care and who are designated by the Secretary of the military de- partment concerned. ‘‘(d) EFFECTIVE DATE.—Subsection (a) shall apply with respect to any military health care professional who is deployed to a theater of combat operations after the end of the 90-day period beginning on the date of the enactment of this Act [Oct. 17, 2006].’’ § 1482. Expenses incident to death (a) Incident to the recovery, care, and disposi- tion of the remains of any decedent covered by section 1481 of this title, the Secretary con- cerned may pay the necessary expenses of the following: (1) Recovery and identification of the re- mains. (2) Notification to the next of kin or other appropriate person. (3) Preparation of the remains for burial, in- cluding cremation if requested by the person designated to direct disposition of the re- mains. (4) Furnishing of a uniform or other cloth- ing. (5) Furnishing of a casket or urn, or both, with outside box. (6) Hearse service. (7) Funeral director’s services. (8)(A) Transportation of the remains, and travel and transportation allowances as speci- fied in regulations prescribed under section 464 of title 37 for an escort of one person, to the place, subject to subparagraph (B), 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 se- lected by the Secretary and in which burial of the decedent is authorized. (B) The person designated to direct disposi- tion of the remains may select two places under subparagraph (A) if the second place is a national cemetery. If that person selects two places, the Secretary concerned may pay for transportation to the second place only by means of reimbursement under subsection (b). (C) When transportation of the remains in- cludes transportation by aircraft under sec- tion 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), the Secretary concerned shall provide, to the maximum ex- tent practicable, for delivery of the remains by air to the commercial, general aviation, or military airport nearest to the place selected by the designee. (9) Interment or inurnment of the remains. (10) In the case of a decedent under the juris- diction of a Secretary of a military depart- ment at the time of death, enduring care of re- mains interred in a foreign cemetery if the burial location was designated by such Sec- retary. (11)(A) Delivery of personal effects of a dece- dent to the next of kin or other appropriate person. (B) If the Secretary concerned enters into an agreement with an entity to carry out sub- paragraph (A), the Secretary concerned may, at the request of the person described in such subparagraph, pursue a claim against such en- tity that arises from the failure of such entity to substantially perform such subparagraph. (C) If an entity described in subparagraph (B) fails to substantially perform subpara- graph (A) by damaging, losing, or destroying the personal effects of a decedent, the Sec- retary concerned shall reimburse the person designated under subsection (c) the greater of $1,000 or the fair market value of such damage, loss, or destruction. The Secretary concerned may request, from the person designated under subsection (c), proof of fair market value and ownership of the personal effects. (b) If an individual pays any expense payable by the United States under this section, the Sec- retary concerned shall reimburse him or his rep- resentative in an amount not larger than that normally incurred by the Secretary in fur- nishing the supply or service concerned. If reim- Page 1409 TITLE 10—ARMED FORCES § 1482 bursement by the United States is also author- ized under another provision of law or regula- tion, the individual may elect under which pro- vision to be reimbursed. (c) The following persons may be designated to direct disposition of the remains of a decedent covered by this chapter: (1) The person identified by the decedent on the record of emergency data maintained by the Secretary concerned (DD Form 93 or any successor to that form), as the Person Author- ized to Direct Disposition (PADD), regardless of the relationship of the designee to the dece- dent. (2) The surviving spouse of the decedent. (3) Blood relatives of the decedent. (4) Adoptive relatives of the decedent. (5) If no person covered by paragraphs (1) through (4) 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 non- recoverable, the person who would have been designated under subsection (c) to direct disposi- tion 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 de- ceased 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 serv- ice. 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 reim- bursement 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 di- rect disposition of the remains, if they had been recovered, receives notification that the mem- ber has been reported or determined to be dead under authority of chapter 10 of title 37, which- ever is later. (e) PRESENTATION OF FLAG OF THE UNITED STATES.—(1) In the case of a decedent covered by section 1481 of this title, the Secretary con- cerned may pay the necessary expenses for the presentation of a flag of the United States to the following persons: (A) The person designated under subsection (c) to direct disposition of the remains of the decedent. (B) The parents or parent of the decedent, if the person to be presented a flag under sub- paragraph (A) is other than a parent of the de- cedent. (C) The surviving spouse of the decedent (in- cluding a surviving spouse who remarries after the decedent’s death), if the person to be pre- sented a flag under subparagraph (A) is other than the surviving spouse. (D) Each child of the decedent, regardless of whether the person to be presented a flag under subparagraph (A) is a child of the dece- dent. (2) The Secretary concerned may pay the nec- essary 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 sec- tion 1481 of this title if, at the time of such member’s death, he— (A) was a member of the Ready Reserve; or (B) 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. (3) A flag to be presented to a person under subparagraph (B), (C), or (D) of paragraph (1) shall be of equal size to the flag presented under subparagraph (A) of such paragraph to the per- son designated to direct disposition of the re- mains of the decedent. (4) This subsection does not apply to a mili- tary prisoner who dies while in the custody of the Secretary concerned and while under a sen- tence that includes a discharge. (5) In this subsection: (A) 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 the decedent. Preference under paragraph (1)(B) 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) The term ‘‘child’’ has the meaning pre- scribed by section 1477(d) of this title. (f) The payment of expenses incident to the re- covery, care, and disposition of a decedent cov- ered by section 1481(a)(9) of this title is limited to the payment of expenses described in para- graphs (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 may pay any other expenses relating to the remains of such a decedent that are authorized to be paid under this section only on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appro- priations available, at the time of reimburse- ment, for the payment of such expenses. (g)(1) The payment of expenses incident to the recovery, care, and disposition of the remains of a decedent covered by section 1481(a)(10) of this title is limited to those expenses that, as deter- mined under regulations prescribed by the Sec- retary of Defense, would not have been incurred but for the retention of those remains for pur- poses of a forensic pathology investigation by the Armed Forces Medical Examiner under sec- tion 1471 of this title. (2) In a case covered by paragraph (1), if the person designated under subsection (c) to direct disposition of the remains of a decedent does not direct disposition of the remains that were re- tained for the forensic pathology investigation, the Secretary may pay for the transportation of Page 1410 TITLE 10—ARMED FORCES § 1482 those remains to, and interment or inurnment of those remains in, an appropriate place selected by the Secretary, in lieu of the transportation authorized to be paid under paragraph (8) of sub- section (a). (3) In a case covered by paragraph (1), expenses that may be paid do not include expenses with respect to an escort under paragraph (8) of sub- section (a), whether or not on a reimbursable basis. (4) The Secretary concerned may pay any other expenses relating to the remains of such a decedent that are authorized to be paid under this section on a reimbursable basis. Amounts reimbursed to the Secretary concerned under this subsection shall be credited to appropria- tions available at the time of reimbursement for the payment of such expenses. (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, §§ 652(a)(3), 653(a)(6), title XVI, § 1622(c)(4), Nov. 29, 1989, 103 Stat. 1461, 1462, 1604; Pub. L. 103–337, div. A, title VI, § 652(a)(2), title XVI, § 1671(c)(8), Oct. 5, 1994, 108 Stat. 2793, 3014; Pub. L. 104–106, div. A, title XV, § 1501(c)(19), Feb. 10, 1996, 110 Stat. 499; Pub. L. 107–107, div. A, title VI, § 638(b)(1), Dec. 28, 2001, 115 Stat. 1147; Pub. L. 110–181, div. A, title V, § 591, Jan. 28, 2008, 122 Stat. 138; Pub. L. 110–417, [div. A], title V, § 581, Oct. 14, 2008, 122 Stat. 4472; Pub. L. 112–81, div. A, title V, § 528, Dec. 31, 2011, 125 Stat. 1402; Pub. L. 113–66, div. A, title VI, §§ 621(e), 651(a)(2)–(c), Dec. 26, 2013, 127 Stat. 784, 787, 788; Pub. L. 115–91, div. A, title VI, § 632, Dec. 12, 2017, 131 Stat. 1431; Pub. L. 116–92, div. A, title V, § 573(a), Dec. 20, 2019, 133 Stat. 1404; Pub. L. 117–263, div. A, title VI, § 641, Dec. 23, 2022, 136 Stat. 2633.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1482(a) ..... 1482(b) ..... 1482(c) ..... 5:2152 (less 1st 27 words, as applicable to armed forces). 5:2153 (1st 18 words, as applicable to armed forces). 5:2161 (as applicable to armed forces). 5:2162 (as applicable to armed forces). July 15, 1954, ch. 507, §§ 2 (less 1st 25 words, as applicable to armed forces), 3 (1st 16 words, as applicable to armed forces), 11 (as applica- ble to armed forces), 12 (as 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 omit- ted 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 honor- able’’ 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 ex- penses * * * are borne by individuals’’. The second sen- tence 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 regula- tions 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. Editorial Notes AMENDMENTS 2022—Subsec. (a)(11). Pub. L. 117–263 added par. (11). 2019—Subsec. (a)(8). Pub. L. 116–92 amended par. (8) generally. Prior to amendment, par. (8) read as follows: ‘‘Transportation of the remains, and travel and trans- portation allowances as specified in regulations pre- scribed under section 464 of title 37 for an escort of one person, to the place selected by the person designated to direct disposition of the remains or, if such a selec- tion is not made, to a national or other cemetery which is selected by the Secretary and in which burial of the decedent is authorized. When transportation of the re- mains includes transportation by aircraft under section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), the Secretary concerned shall provide, to the maximum extent practicable, for delivery of the re- mains by air to the commercial, general aviation, or military airport nearest to the place selected by the designee.’’ 2017—Subsec. (a)(10). Pub. L. 115–91 added par. (10). 2013—Subsec. (a)(8). Pub. L. 113–66, § 621(e), sub- stituted ‘‘and travel and transportation allowances as specified in regulations prescribed under section 464 of title 37’’ for ‘‘and roundtrip transportation and pre- scribed allowances’’. Subsec. (a)(9). Pub. L. 113–66, § 651(b), inserted ‘‘or inurnment’’ after ‘‘Interment’’. Subsec. (f). Pub. L. 113–66, § 651(c), substituted ‘‘The Secretary concerned may pay any other expenses relat- ing to the remains of such a decedent that are author- ized to be paid under this section only on a reimburs- able basis.’’ for ‘‘The Secretary concerned shall pay all other expenses authorized to be paid under this sub- section only on a reimbursable basis.’’ Subsec. (g). Pub. L. 113–66, § 651(a)(2), added subsec. (g). 2011—Subsec. (c). Pub. L. 112–81 substituted ‘‘The’’ for ‘‘Only the’’ in introductory provisions, added par. (1), redesignated former pars. (1) to (4) as (2) to (5), respec- tively, and substituted ‘‘paragraphs (1) through (4)’’ for ‘‘clauses (1)–(3)’’ in par. (5). 2008—Subsec. (a)(8). Pub. L. 110–181 inserted at end ‘‘When transportation of the remains includes trans- portation by aircraft under section 562 of the John War- ner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 1482 note), the Sec- retary concerned shall provide, to the maximum extent practicable, for delivery of the remains by air to the commercial, general aviation, or military airport near- est to the place selected by the designee.’’ Subsec. (a)(10), (11). Pub. L. 110–417, § 581(b), struck out pars. (10) and (11) which read as follows: ‘‘(10) Presentation of a flag of the United States to the person designated to direct disposition of the re- mains, 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 par- ent, if the person to be presented a flag under para- graph (10) is other than the parent of the decedent. For the purpose of this paragraph, the term ‘parent’ in- cludes a natural parent, a stepparent, a parent by adop- tion 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.’’ Subsec. (e). Pub. L. 110–417, § 581(a), designated exist- ing provisions as par. (2), redesignated former pars. (1) and (2) of subsec. (e) as subpars. (A) and (B), respec- tively, of par. (2), inserted subsec. (e) heading, and added pars. (1) and (3) to (5). Page 1411 TITLE 10—ARMED FORCES § 1482 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 Sec- retary concerned has possession of commingled re- mains that cannot be individually identified, and burial of those remains in a common grave in a national cem- etery is considered necessary, he may, for the inter- ment services of each known decedent, pay the ex- penses 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 in- dividual identification had been made, and (2) two addi- tional persons selected by that person who are closely related to the decedent. The transportation expenses authorized to be paid under this subsection may not ex- ceed the transportation allowances authorized for members of the armed forces for travel on official busi- ness, 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, § 1671(c)(8), sub- stituted ‘‘section 12732’’ for ‘‘section 1332’’ and ‘‘12731’’ for ‘‘section 1331’’. Subsec. (g). Pub. L. 103–337, § 652(a)(2), added subsec. (g). 1989—Subsec. (a). Pub. L. 101–189, § 653(a)(6)(A), sub- stituted ‘‘expenses of the following:’’ for ‘‘expenses of—’’ in introductory provisions. Subsec. (a)(1) to (9). Pub. L. 101–189, § 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, § 653(a)(6)(B), (D), cap- italized first letter of first word and substituted period for ‘‘; and’’. Subsec. (a)(11). Pub. L. 101–189, § 653(a)(6)(B), (E), cap- italized first letter of first word, substituted ‘‘para- graph’’ for ‘‘clause’’ in four places, and substituted ‘‘de- cedent. For the’’ for ‘‘decedent; for the’’. Subsec. (e). Pub. L. 101–189, §§ 652(a)(3), 1622(c)(4), sub- stituted ‘‘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 re- lating 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 disposi- tion 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). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Pub. L. 104–106, div. A, title XV, § 1501(c), Feb. 10, 1996, 110 Stat. 498, provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if in- cluded 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 ap- plicable with respect to remains of, and incidental ex- penses 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 sec- tion 1481 of this title. Amendment by section 1671(c)(8) of Pub. L. 103–337 ef- fective 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. DEPARTMENT OF DEFENSE POLICY AND PROCEDURES ON MEDIA ACCESS AT CEREMONIES FOR DIGNIFIED TRANS- FER OF REMAINS OF MEMBERS OF THE ARMED FORCES WHO DIE OVERSEAS Pub. L. 111–84, div. A, title V, § 542(a), Oct. 28, 2009, 123 Stat. 2299, provided that: ‘‘(1) POLICY REQUIRED.—Not later than April 1, 2010, the Secretary of Defense shall prescribe a policy guar- anteeing media access at ceremonies for the dignified transfer of remains of members of the Armed Forces who die while located or serving overseas (in this sec- tion referred to as ‘military decedents’) when approved by the primary next of kin of such military decedents. ‘‘(2) PROCEDURES.—The policy developed under para- graph (1) shall include procedures to be followed by the military departments in conducting appropriate cere- monies for the dignified transfer of remains of military decedents. The procedures shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a par- ticular military department. ‘‘(3) ELEMENTS.—The policy developed under para- graph (1) shall include, but not be limited to, the fol- lowing: ‘‘(A) Provision for access by media representatives to transfers described in paragraph (1) if approved in advance by the primary next of kin of the military decedent or their designee. ‘‘(B) Procedures for designating with certainty who is authorized to make the decision to approve media access at transfer ceremonies described in that para- graph under reasonable, foreseeable circumstances. ‘‘(C) Conditions for coverage that media representa- tives must comply with during such transfer cere- monies, and procedures for ensuring agreement in ad- vance by media representatives with the conditions for coverage prescribed by military authorities. ‘‘(D) Procedures for the waiver by the primary next of kin or other designees of Departmental polices re- lating to delays in release of casualty information to the media and general public, when such waiver is re- quired.’’ TRANSPORTATION OF REMAINS OF CASUALTIES Pub. L. 116–92, div. A, title V, § 580A(b), (c), Dec. 20, 2019, 133 Stat. 1408, as amended by Pub. L. 117–263, div. A, title V, § 573, Dec. 23, 2022, 136 Stat. 2601, provided that: ‘‘(b) TRANSPORTATION FOR FAMILY.—The Secretary of Defense shall extend travel privileges via Invitational Travel Authorization to family members of members of the Armed Forces who die outside of the United States and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware. ‘‘(c) TRANSPORTATION OF DECEASED MILITARY MEM- BER.—In the event of a death that requires the Sec- retary concerned to provide a death benefit under sub- chapter II of chapter 75 of title 10, United States Code, such Secretary— ‘‘(1) shall provide the next of kin or other appro- priate person a commercial air travel use waiver for the transportation of deceased remains of military member who dies outside of— ‘‘(A) the United States; and ‘‘(B) a theater of combat operations; or ‘‘(2) may provide the next of kin or other appro- priate person a commercial air travel use waiver for the transportation of deceased remains of military member who dies inside a theater of combat oper- ations.’’ Pub. L. 109–364, div. A, title V, § 562, Oct. 17, 2006, 120 Stat. 2220, as amended by Pub. L. 116–92, div. A, title V, §§ 573(b), 580A(a), Dec. 20, 2019, 133 Stat. 1404, 1408, pro- vided that: ‘‘(a) REQUIRED TRANSPORTATION.—In the case of a member of the Armed Forces who dies outside of the United States and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware, the Secretary concerned, under regulations prescribed by the Secretary of De- fense, shall provide transportation of the remains of that member from Dover Air Force Base to the applica- ble escorted remains destination in accordance with section 1482(a)(8) of title 10, United States Code, and this section. Page 1412 TITLE 10—ARMED FORCES § 1482a ‘‘(b) ESCORTED REMAINS DESTINATION.—In this sec- tion, the term ‘escorted remains destination’ means the place to which remains are authorized to be trans- ported under section 1482(a)(8) of title 10, United States Code. If the person designated to direct disposition of the remains selects two places under such section, the term means only the first of those two places. ‘‘(c) AIR TRANSPORTATION FROM DOVER AFB.— ‘‘(1) MILITARY TRANSPORTATION.—If transportation of remains under subsection (a) includes transpor- tation by air, such transportation (except as provided under paragraph (2)) shall be made by military air- craft or military-contracted aircraft. ‘‘(2) ALTERNATIVE TRANSPORTATION BY AIRCRAFT.— The provisions of paragraph (1) shall not be applica- ble to the transportation of remains by air to the ex- tent that the person designated to direct disposition of the remains directs otherwise. ‘‘(3) PRIMARY MISSION.—When remains are trans- ported by military aircraft or military-contracted aircraft under this section, the primary mission of the aircraft providing that transportation shall be the transportation of such remains. However, more than one set of remains may be transported on the same flight. ‘‘(d) ESCORT.— ‘‘(1) IN GENERAL.—Except as provided in paragraph (2), the Secretary concerned shall ensure that re- mains transported under this section are continu- ously escorted from Dover Air Force Base to the ap- plicable escorted remains destination by a member of the Armed Forces in an appropriate grade, as deter- mined by the Secretary. ‘‘(2) OTHER ESCORT.—If a specific military escort is requested by the person designated to direct disposi- tion of such remains and the Secretary approves that request, then the Secretary is not required to provide an additional military escort under paragraph (1). ‘‘(e) HONOR GUARD DETAIL.— ‘‘(1) PROVISION OF DETAIL.—Except in a case in which the person designated to direct disposition of remains requests that no military honor guard be present, the Secretary concerned shall ensure that an honor guard detail is provided in each case of the transportation of remains under this section. The honor guard detail shall be in addition to the escort provided for the transportation of remains under sec- tion (d). ‘‘(2) COMPOSITION.—An honor guard detail provided under this section shall consist of sufficient members of the Armed Forces to perform the duties specified in paragraph (3). The members of the honor guard de- tail shall be in uniform. ‘‘(3) DUTIES.—Except to the extent that the person designated to direct disposition of remains requests that any of the following functions not be performed, an honor guard detail under this section— ‘‘(A) shall— ‘‘(i) travel with the remains during transpor- tation; or ‘‘(ii) meet the remains at the place to which transportation by air (or by rail or motor vehicle, if applicable) is made for the transfer of the re- mains; ‘‘(B) shall provide appropriate honors at the ar- rival of the remains referred to in subparagraph (A)(ii) (unless airline or other security require- ments do not permit such honors to be provided); and ‘‘(C) shall participate in the transfer of the re- mains from an aircraft, when airport and airline se- curity requirements permit, by carrying out the re- mains with a flag draped over the casket to a hearse or other form of ground transportation for travel to a funeral home or other place designated by the person designated to direct disposition of such remains. ‘‘(f) SECRETARY CONCERNED DEFINED.—In this section, the term ‘Secretary concerned’ has the meaning given that term in section 101(a)(9) of title 10, United States Code. ‘‘(g) EFFECTIVE DATE.—This section shall take effect at such time as may be prescribed by the Secretary of Defense, but not later than January 1, 2007.’’ § 1482a. Expenses incident to death: civilian em- ployees serving with an armed force (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 serv- ice with an armed force in a contingency oper- ation, or who dies of injuries incurred in connec- tion 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 re- mains 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 par- ents 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 ex- tent possible and shall provide for the Sec- retary’s consideration of the conditions and cir- cumstances surrounding the death of an em- ployee 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 ac- cordance 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’’ in- cludes humanitarian operations, peacekeeping operations, and similar operations. (3) The term ‘‘parent’’ has the meaning given such term in section 1482(e)(5)(A) of this title. (4) The term ‘‘Secretary concerned’’ includes the Secretary of Defense with respect to em- ployees of the Department of Defense who are not employees of a military department. (Added Pub. L. 103–160, div. A, title III, § 368(a), Nov. 30, 1993, 107 Stat. 1633; amended Pub. L. 103–337, div. A, title X, § 1070(a)(8)(A), Oct. 5, 1994, 108 Stat. 2855; Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314; Pub. L. 111–383, div. A, title X, § 1075(b)(20), Jan. 7, 2011, 124 Stat. 4370.) Editorial Notes AMENDMENTS 2011—Subsec. (c)(3). Pub. L. 111–383 substituted ‘‘sec- tion 1482(e)(5)(A)’’ for ‘‘section 1482(a)(11)’’. 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 ‘‘Civil- ian’’ in section catchline.