10 U.S.C. § 1481 — Recovery, care, and disposition of re-

Page 1406 TITLE 10—ARMED FORCES § 1481 (1) the date that is three years after the indi- vidual reaches 21 years of age; or (2) the date that is six years after the date of the death with respect to which the claim is made. (Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), (5), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 118–159, div. A, title VI, § 632(a), Dec. 23, 2024, 138 Stat. 1937.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1480(a) ..... 1480(b) ..... 1480(c) ..... 1480(d) ..... 38:1134(a). 38:1133(e). 38:1101(6)(B) (less 1st sen- tence, as applicable to death gratuity). 38:1134(b). Aug. 1, 1956, ch. 837, §§ 102(6)(B) (less 1st sen- tence, as applicable to death gratuity) 303(e), 304(a), (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 ‘‘mili- tary’’. In subsection (b), the words ‘‘last period * * * that he performed’’ are substituted for the words ‘‘such pe- riod’’. Editorial Notes AMENDMENTS 2024—Subsec. (e). Pub. L. 118–159 added subsec. (e). 1989—Subsec. (b). Pub. L. 101–189, § 1621(a)(2), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator of Veterans’ Affairs’’. Subsec. (c). Pub. L. 101–189, § 1621(a)(2), (5), sub- stituted ‘‘Secretary of Veterans Affairs’’ for ‘‘Adminis- trator of Veterans’ Affairs’’ after ‘‘section 1476 of this title, the’’ and ‘‘the Secretary concerned or the Sec- retary of Veterans Affairs’’ for ‘‘the Secretary or the Administrator’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Pub. L. 118–159, div. A, title VI, § 632(b), Dec. 23, 2024, 138 Stat. 1937, provided that: ‘‘The amendment made by subsection (a) [amending this section] applies to claims filed with respect to deaths occurring on or after on [sic] January 1, 2025.’’ § 1481. Recovery, care, and disposition of re- mains: decedents covered (a) The Secretary concerned may provide for the recovery, care, and disposition of the re- mains 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 be- fore 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 inac- tive-duty training; (E) staying at the member’s residence, when so authorized by proper authority, dur- ing a period of inactive duty training or be- tween successive days of inactive duty train- ing; (F) hospitalized or undergoing treatment for an injury, illness, or disease incurred or aggravated while on active duty or per- forming inactive-duty training; or (G) 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 vi- cinity 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, § 604(e)(3)(B), Nov. 14, 1986, 100 Stat. 3877.] (4) Any member of, or applicant for member- ship in, a reserve officers’ training corps who dies while (A) attending a training camp, (B) on an authorized practice cruise, (C) per- forming authorized travel to or from such a camp or cruise, or (D) hospitalized or under- going treatment at the expense of the United States for injury incurred, or disease con- tracted, 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 ju- risdiction while a patient in a United States hospital, and who continues to be such a pa- tient 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 dur- ing a continuous hospitalization of the mem- ber 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 eligi- bility 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. (10) To the extent authorized under section 1482(g) of this title, any person not otherwise covered by the preceding paragraphs whose re- mains (or partial remains) have been retained by the Secretary concerned for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 1471 of this title. (11) Any person not otherwise covered by this section whose death entitles a survivor of such person to a death gratuity under section 1475 of this title. Page 1407 TITLE 10—ARMED FORCES § 1481 (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 organi- zation before his death. (c) In this section, the term ‘‘dependent’’ has the meaning given such term in section 1072(2) of this title. (Aug. 10, 1956, ch. 1041, 70A Stat. 112; Pub. L. 88–647, title III, § 301(3), Oct. 13, 1964, 78 Stat. 1071; Pub. L. 99–661, div. A, title VI, § 604(e)(3), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 103–337, div. A, title VI, § 652(a)(1), Oct. 5, 1994, 108 Stat. 2793; Pub. L. 104–106, div. A, title VII, § 702(b), Feb. 10, 1996, 110 Stat. 371; Pub. L. 105–85, div. A, title V, § 513(e), Nov. 18, 1997, 111 Stat. 1732; Pub. L. 105–261, div. A, title VI, § 645(a), (b), Oct. 17, 1998, 112 Stat. 2049, 2050; Pub. L. 106–65, div. A, title V, § 578(i)(5), Oct. 5, 1999, 113 Stat. 630; Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)(3)], Oct. 30, 2000, 114 Stat. 1654, 1654A–293; Pub. L. 107–107, div. A, title V, § 513(c), title VI, § 638(b)(2), Dec. 28, 2001, 115 Stat. 1093, 1147; Pub. L. 112–81, div. A, title VI, § 651(b), Dec. 31, 2011, 125 Stat. 1467; Pub. L. 113–66, div. A, title VI, § 651(a)(1), Dec. 26, 2013, 127 Stat. 787; Pub. L. 118–159, div. A, title VI, § 631(b), Dec. 23, 2024, 138 Stat. 1936.) HISTORICAL AND REVISION NOTES Revised section Source (U.S. Code) Source (Statutes at Large) 1481(a) ..... 5:2151 (as applicable to armed forces). 5:2152 (1st 27 words, as applicable to armed forces). 5:2153 (less 1st 18 words, as applicable to armed forces). July 15, 1954, ch. 507, §§ 1, 2 (1st 25 words, as ap- plicable to armed forces), 3 (less 1st 16 words, as applicable to armed forces), 4 (as ap- plicable 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 ‘‘ac- tive duty for training’’ are omitted as covered by the words ‘‘active duty’’. The words ‘‘injury incurred, or disease contracted’’ are substituted for the words ‘‘in- juries, 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 en- titled by law to receive’’. In clause (4), the words ‘‘in- jury incurred, or disease contracted’’ are substituted for the words ‘‘injury, disease or illness contracted or incurred’’. The words ‘‘as authorized by law’’ are omit- ted 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 ‘‘ex- tended 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’’. Editorial Notes AMENDMENTS 2024—Subsec. (a)(11). Pub. L. 118–159 added par. (11). 2013—Subsec. (a)(10). Pub. L. 113–66 added par. (10). 2011—Subsec. (a)(2)(E) to (G). Pub. L. 112–81 added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively. 2001—Subsec. (a)(2)(D). Pub. L. 107–107, § 513(c), struck out ‘‘, if the site is outside reasonable commuting dis- tance from the member’s residence’’ before semicolon at end. Subsec. (a)(9). Pub. L. 107–107, § 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, § 645(b). See 1998 Amend- ment note below. 1999—Subsec. (a)(2)(F). Pub. L. 106–65 added subpar. (F). 1998—Subsec. (a)(1). Pub. L. 105–261, § 645(b), as amend- ed 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, § 645(a), amended par. (7) generally. Prior to amendment, par. (7) read as fol- lows: ‘‘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 ‘‘re- maining overnight immediately before the commence- ment 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, § 652(a)(1)(A), sub- stituted ‘‘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, § 652(a)(1)(B), added sub- sec. (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 jurisdic- tion who dies while (A) on active duty, (B) performing authorized travel to or from that duty, (C) on author- ized inactive-duty training, or (D) hospitalized or un- dergoing 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) per- forming 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 trav- el;’’. 1964—Subsec. (a)(4). Pub. L. 88–647 substituted ‘‘, or applicant for membership in, a reserve officers’ train- ing corps’’ for ‘‘the Army Reserve Officers’ Training Corps, Naval Reserve Officers’ Training Corps, or Air Force Reserve Officers’ Training Corps’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2024 AMENDMENT Amendment by Pub. L. 118–159 applicable to a death that occurs on or after Dec. 23, 2024, see section 631(d) of Pub. L. 118–159, set out as a note under section 1475 of this title. EFFECTIVE DATE OF 2011 AMENDMENT Amendment by Pub. L. 112–81 effective on Dec. 31, 2011, and applicable with respect to deaths that occur on or after that date, see section 651(c) of Pub. L. 112–81, set out as a note under section 1475 of this title. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title X, § 1087(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, provided that the amend- 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-