10 U.S. Code § 1482 - Expenses incident to death

(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 travel and transportation allowances as specified in regulations prescribed 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 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. When transportation of the remains 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 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.
(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) 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 Authorized to Direct Disposition (PADD), regardless of the relationship of the designee to the decedent.
(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 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) Presentation of Flag of the United States.—
(1) In the case of a decedent covered by section 1481 of this title, the Secretary concerned 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 subparagraph (A) is other than a parent of the decedent.
(C) The surviving spouse of the decedent (including a surviving spouse who remarries after the decedent’s death), if the person to be presented 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 decedent.
(2) 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—
(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 person designated to direct disposition of the remains of the decedent.
(4) This subsection does not apply to a military prisoner who dies while in the custody of the Secretary concerned and while under a sentence 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 prescribed by section 1477 (d) 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 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 appropriations available, at the time of reimbursement, 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 determined under regulations prescribed by the Secretary of Defense, would not have been incurred but for the retention of those remains for purposes of a forensic pathology investigation by the Armed Forces Medical Examiner under section 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 retained for the forensic pathology investigation, the Secretary may pay for the transportation of 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 subsection (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 subsection (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 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, §§ 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.)

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 applicable 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 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

2013—Subsec. (a)(8). Pub. L. 113–66, § 621(e), substituted “and travel and transportation allowances as specified in regulations prescribed under section 464 of title 37” for “and roundtrip transportation and prescribed 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 relating to the remains of such a decedent that are authorized to be paid under this section only on a reimbursable basis.” for “The Secretary concerned shall pay all other expenses authorized to be paid under this subsection only on a reimbursable basis.”
Subsec. (g). Pub. L. 113–66, § 651(a)(2), added subsec. (g).
2011—Subsec. (c). Pub. L. 112–81substituted “The” for “Only the” in introductory provisions, added par. (1), redesignated former pars. (1) to (4) as (2) to (5), respectively, and substituted “paragraphs (1) through (4)” for “clauses (1)–(3)” in par. (5).
2008—Subsec. (a)(8). Pub. L. 110–181inserted at end “When transportation of the remains 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 remains by air to the commercial, general aviation, or military airport nearest 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 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.”
Subsec. (e). Pub. L. 110–417, § 581(a), designated existing provisions as par. (2), redesignated former pars. (1) and (2) of subsec. (e) as subpars. (A) and (B), respectively, of par. (2), inserted subsec. (e) heading, and added pars. (1) and (3) to (5).
2001—Subsecs. (d) to (g). Pub. L. 107–107redesignated 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. 104–106inserted “section” before “12731”.
1994—Subsec. (f)(2). Pub. L. 103–337, § 1671(c)(8), substituted “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), substituted  “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), capitalized first letter of first word and substituted period for “; and”.
Subsec. (a)(11). Pub. L. 101–189, § 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, §§ 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. 93–649inserted 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. 93–292added subsec. (f).
1970—Subsec. (a)(11). Pub. L. 91–397added cl. (11).
Subsec. (e). Pub. L. 91–487added subsec. (e).
1958—Subsec. (d). Pub. L. 85–716added subsec. (d).
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 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) ofPub. L. 103–337applicable 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) ofPub. L. 103–337, set out as a note under section 1481 of this title.
Amendment by section 1671(c)(8) ofPub. L. 103–337effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. 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 Transfer 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 guaranteeing 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 section referred to as ‘military decedents’) when approved by the primary next of kin of such military decedents.
“(2) Procedures.—The policy developed under paragraph (1) shall include procedures to be followed by the military departments in conducting appropriate ceremonies 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 particular military department.
“(3) Elements.—The policy developed under paragraph (1) shall include, but not be limited to, the following:
“(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 paragraph under reasonable, foreseeable circumstances.
“(C) Conditions for coverage that media representatives must comply with during such transfer ceremonies, and procedures for ensuring agreement in advance 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 relating to delays in release of casualty information to the media and general public, when such waiver is required.”
Transportation of Remains of Casualties Dying in a Theater of Combat Operations

Pub. L. 109–364, div. A, title V, § 562,Oct. 17, 2006, 120 Stat. 2220, provided that:
“(a) Required Transportation.—In the case of a member of the Armed Forces who dies in a combat theater of operations 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 Defense, shall provide transportation of the remains of that member from Dover Air Force Base to the applicable escorted remains destination in accordance with section 1482 (a)(8) of title 10, United States Code, and this section.
“(b) Escorted Remains Destination.—In this section, the term ‘escorted remains destination’ means the place to which remains are authorized to be transported under section 1482 (a)(8) of title 10, United States Code.
“(c) Air Transportation From Dover AFB.—
“(1) Military transportation.—If transportation of remains under subsection (a) includes transportation by air, such transportation (except as provided under paragraph (2)) shall be made by military aircraft or military-contracted aircraft.
“(2) Alternative transportation by aircraft.—The provisions of paragraph (1) shall not be applicable to the transportation of remains by air to the extent that the person designated to direct disposition of the remains directs otherwise.
“(3) Primary mission.—When remains are transported 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 remains transported under this section are continuously escorted from Dover Air Force Base to the applicable escorted remains destination by a member of the Armed Forces in an appropriate grade, as determined by the Secretary.
“(2) Other escort.—If a specific military escort is requested by the person designated to direct disposition 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 section (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 detail 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 transportation; 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 remains;
“(B) shall provide appropriate honors at the arrival of the remains referred to in subparagraph (A)(ii) (unless airline or other security requirements do not permit such honors to be provided); and
“(C) shall participate in the transfer of the remains from an aircraft, when airport and airline security requirements permit, by carrying out the remains 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.”

 

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