
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 513(c)]
[Document affected by Public Law 107-107 Section 638(b)(2)]
[CITE: 10USC1481]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 1481. Recovery, care, and disposition of remains: decedents 
        covered
        
    (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, if the site 
        is outside reasonable commuting distance from the member's 
        residence;
            (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        [(3) Repealed.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(g) 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.

(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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1481(a)...............................  5:2151 (as applicable to armed       Ju
ly 15, 1954, ch. 507, Secs.  1, 2
                                         forces).                             (
1st 25 words, as applicable to
                                        5:2152 (1st 27 words, as applicable   a
rmed forces), 3 (less 1st 16
                                         to armed forces).                    w
ords, as applicable to armed
                                        5:2153 (less 1st 18 words, as         f
orces), 4 (as applicable to armed
                                         applicable to armed forces).         f
orces), 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

    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.

                  Section Referred to in Other Sections

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