
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 638(b)(1)]
[CITE: 10USC1482]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 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 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, 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.
    (e) 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.
    (f) 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.

    (g) 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.

(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, Secs. 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.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
1482(a)...............................  5:2152 (less 1st 27 words, as        Ju
ly 15, 1954, ch. 507, Secs.  2
                                         applicable to armed forces).         (
less 1st 25 words, as applicable
                                        5:2153 (1st 18 words, as applicable   t
o armed forces), 3 (1st 16 words,
                                         to armed forces).                    a
s applicable to armed forces), 11
                                        5:2161 (as applicable to armed        (
as applicable to armed forces),
                                         forces).                             1
2 (as applicable to armed
1482(b)...............................  5:2162 (as applicable to armed        f
orces), 68 Stat. 478, 480, 481.
                                         forces).
1482(c)...............................
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---------------------------------

    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

    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, Secs. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1481, 1482a, 1490, 1513 of 
this title; title 38 section 2301.
