Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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type: "LegalText"
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title: "10 U.S.C. § 1471"
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description: "Forensic pathology investigations"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "75"
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chapter_name: "DECEASED PERSONNEL"
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section: "1471"
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citation: "10 U.S.C. § 1471"
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# 10 U.S.C. § 1471 - Forensic pathology investigations
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## Text
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(a) Authority.— Under regulations prescribed by the Secretary of Defense, the Armed Forces Medical Examiner may conduct a forensic pathology investigation to determine the cause or manner of death of a deceased person if such an investigation is determined to be justified under circumstances described in subsection (b). The investigation may include an autopsy of the decedent’s remains.
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(b) Basis for Investigation.— (1) A forensic pathology investigation of a death under this section is justified if at least one of the circumstances in paragraph (2) and one of the circumstances in paragraph (3) exist.
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(2) A circumstance under this paragraph is a circumstance under which—
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(A) it appears that the decedent was killed or that, whatever the cause of the decedent’s death, the cause was unnatural;
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(B) the cause or manner of death is unknown;
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(C) there is reasonable suspicion that the death was by unlawful means;
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(D) it appears that the death resulted from an infectious disease or from the effects of a hazardous material that may have an adverse effect on the military installation or community involved; or
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(E) the identity of the decedent is unknown.
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(3) A circumstance under this paragraph is a circumstance under which—
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(A) the decedent—
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(i) was found dead or died at an installation garrisoned by units of the armed forces that is under the exclusive jurisdiction of the United States;
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(ii) was a member of the armed forces on active duty or inactive duty for training;
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(iii) was recently retired under chapter 61 of this title as a result of an injury or illness incurred while a member on active duty or inactive duty for training; or
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(iv) was a civilian dependent of a member of the armed forces and was found dead or died outside the United States;
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(B) in any other authorized Department of Defense investigation of matters which involves the death, a factual determination of the cause or manner of the death is necessary; or
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(C) in any other authorized investigation being conducted by the Federal Bureau of Investigation, the National Transportation Safety Board, or any other Federal agency, an authorized official of such agency with authority to direct a forensic pathology investigation requests that the Armed Forces Medical Examiner conduct such an investigation.
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(c) Determination of Justification.— (1) Subject to paragraph (2), the determination that a circumstance exists under paragraph (2) of subsection (b) shall be made by the Armed Forces Medical Examiner.
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(2) A commander may make the determination that a circumstance exists under paragraph (2) of subsection (b) and require a forensic pathology investigation under this section without regard to a determination made by the Armed Forces Medical Examiner if—
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(A) in a case involving circumstances described in paragraph (3)(A)(i) of that subsection, the commander is the commander of the installation where the decedent was found dead or died; or
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(B) in a case involving circumstances described in paragraph (3)(A)(ii) of that subsection, the commander is the commander of the decedent’s unit at a level in the chain of command designated for such purpose in the regulations prescribed by the Secretary of Defense.
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(d) Limitation in Concurrent Jurisdiction Cases.— (1) The exercise of authority under this section is subject to the exercise of primary jurisdiction for the investigation of a death—
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(A) in the case of a death in a State, by the State or a local government of the State; or
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(B) in the case of a death in a foreign country, by that foreign country under any applicable treaty, status of forces agreement, or other international agreement between the United States and that foreign country.
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(2) Paragraph (1) does not limit the authority of the Armed Forces Medical Examiner to conduct a forensic pathology investigation of a death that is subject to the exercise of primary jurisdiction by another sovereign if the investigation by the other sovereign is concluded without a forensic pathology investigation that the Armed Forces Medical Examiner considers complete. For the purposes of the preceding sentence a forensic pathology investigation is incomplete if the investigation does not include an autopsy of the decedent.
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(e) Procedures.— For a forensic pathology investigation under this section, the Armed Forces Medical Examiner shall—
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(1) designate one or more qualified pathologists to conduct the investigation;
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(2) to the extent practicable and consistent with responsibilities under this section, give due regard to any applicable law protecting religious beliefs;
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(3) as soon as practicable, notify the decedent’s family, if known, that the forensic pathology investigation is being conducted;
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(4) as soon as practicable after the completion of the investigation, authorize release of the decedent’s remains to the family, if known; and
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(5) promptly report the results of the forensic pathology investigation to the official responsible for the overall investigation of the death.
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(f) Definition of State.— In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and Guam.
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(Added Pub. L. 106–65, div. A, title VII, § 721(a), Oct. 5, 1999, 113 Stat. 692.)
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---
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type: "LegalText"
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title: "10 U.S.C. § 1476"
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description: "Death gratuity: death after discharge or release from duty or training"
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title_number: 10
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title_name: "ARMED FORCES"
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chapter_number: "75"
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chapter_name: "DECEASED PERSONNEL"
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section: "1476"
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citation: "10 U.S.C. § 1476"
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---
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# 10 U.S.C. § 1476 - Death gratuity: death after discharge or release from duty or training
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## Text
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(a) (1) Except as provided in section 1480 of this title, the Secretary concerned shall pay a death gratuity to or for the survivors prescribed in section 1477 of this title of each person who dies within 120 days after discharge or release from—
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(A) active duty; or
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(B) inactive-duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service).
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(2) A death gratuity may be paid under paragraph (1) only if the Secretary of Veterans Affairs determines that the death resulted from an injury or disease incurred or aggravated during—
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(A) the active duty or inactive-duty training described in paragraph (1); or
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(B) travel directly to or from such duty.
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(b) For the purpose of this section, the standards and procedures for determining the incurrence or aggravation of a disease or injury are those applicable under the laws relating to disability compensation administered by the Department of Veterans Affairs, except that there is no requirement under this section that any incurrence or aggravation have been in line of duty.
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(c) This section does not apply to the survivors of persons who were temporary members of the Coast Guard Reserve at the time of their death.
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(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1452; amended Pub. L. 99–661, div. A, title VI, § 604(e)(2), Nov. 14, 1986, 100 Stat. 3877; Pub. L. 101–189, div. A, title XVI, § 1621(a)(1), (2), Nov. 29, 1989, 103 Stat. 1602, 1603.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1476(a)1476(b) 1476(c)1476(d)38:1133(a).38:1101(4)(D) (as applicable to 38:1133(a)).38:1101(5)(D) (as applicable to 38:1133(a)).38:1101(6)(B)(ii) (as applicable to 38:1133(a)).38:1133(c).38:1101(2) (last sentence, as applicable to death gratuity under 38:1133(a)).38:1101(6)(A) (clause (3) of 2d sentence, as applicable to death gratuity under 38:1133(a)).Aug. 1, 1956, ch. 837, §§ 102(2) (last sentence, as applicable to death gratuity under § 303(a)), 102(4)(D) (as applicable to § 303(a)), 102(5)(D) (as applicable to § 303(a)), 102(6)(A) (clause (3) of 2d sentence, as applicable to death gratuity under § 303(a)), 102(6)(B)(ii) (as applicable to § 303(a)), 303(a), (c), 70 Stat. 858, 859, 868, 869. In subsection (a), the words “Except as provided in section 1480 of this title” are inserted to reflect 38:1134(a). The words “to the survivor prescribed by section 1477 of this title” are inserted for clarity. The words “on or after January 1, 1957” are omitted as executed. The words in parentheses in clause (2) are inserted to reflect 38:1101(6)(A) (2d sentence). The words “active duty for training” are omitted as covered by the definition of “active duty” in section 101(22) of this title. In subsection (c), the word “criteria” is omitted as covered by the word “standards”.
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Editorial Notes
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Amendments1989—Subsec. (a)(2). Pub. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”. Subsec. (b). Pub. L. 101–189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration”. 1986—Pub. L. 99–661 added subsec. (a), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsecs. (a) and (b) which read as follows: “(a) Except as provided in section 1480 of this title, the Secretary concerned shall have a death gratuity paid to or for the survivor prescribed by section 1477 of this title of each person who dies within 120 days after his discharge or release from— “(1) active duty; or “(2) inactive duty training (other than work or study in connection with a correspondence course of an armed force or attendance, in an inactive status, at an educational institution under the sponsorship of an armed force or the Public Health Service); if the Administrator of Veterans’ Affairs determines that the death resulted from (A) disease or injury incurred or aggravated while performing duty under clause (1) or the travel described in subsection (b), or (B) injury incurred or aggravated while performing training under clause (2) or the travel described in subsection (b)(2). “(b) The travel covered by subsection (a) is— “(1) authorized travel to or from the duty described in subsection (a)(1); or “(2) travel directly to or from the duty or training described in subsection (a)(1) or (2) that is performed by a Reserve who, when authorized or required by an authority designated by the Secretary, assumed an obligation to perform that duty or training and whose injury was incurred or aggravated after December 31, 1956.”
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Statutory Notes and Related Subsidiaries
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Effective Date of 1986 AmendmentAmendment 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.
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Transfer of Functions For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
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---
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type: "LegalText"
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||||
title: "10 U.S.C. § 1477"
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description: "Death gratuity: eligible survivors"
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section: "1477"
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---
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# 10 U.S.C. § 1477 - Death gratuity: eligible survivors
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## Text
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(a) Designation of Recipients.— (1) On and after July 1, 2008, or such earlier date as the Secretary of Defense may prescribe, a person covered by section 1475 or 1476 of this title may designate one or more persons to receive all or a portion of the amount payable under section 1478 of this title. The designation of a person to receive a portion of the amount shall indicate the percentage of the amount, to be specified only in 10 percent increments, that the designated person may receive. The balance of the amount of the death gratuity, if any, shall be paid in accordance with subsection (b).
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(2) If a person covered by section 1475 or 1476 of this title has a spouse, but designates a person other than the spouse to receive all or a portion of the amount payable under section 1478 of this title, the Secretary concerned shall provide notice of the designation to the spouse.
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(b) Distribution of Remainder; Distribution in Absence of Designated Recipient.— If a person covered by section 1475 or 1476 of this title does not make a designation under subsection (a) or designates only a portion of the amount payable under section 1478 of this title, the amount of the death gratuity not covered by a designation shall be paid as follows:
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(1) To the surviving spouse of the person, if any.
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(2) If there is no surviving spouse, to any surviving children (as prescribed by subsection (d)) of the person and the descendants of any deceased children by representation.
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(3) If there is none of the above, to the surviving parents (as prescribed by subsection (c)) of the person or the survivor of them.
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(4) If there is none of the above, to the duly-appointed executor or administrator of the estate of the person.
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(5) If there is none of the above, to other next of kin of the person entitled under the laws of domicile of the person at the time of the person’s death.
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(c) Treatment of Parents.— For purposes of subsection (b)(3), parents include fathers and mothers through adoption. However, only one father and one mother may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered a status described in section 1475 or 1476 of this title.
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(d) Treatment of Children.— Subsection (b)(2) applies, without regard to age or marital status, to—
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(1) legitimate children;
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(2) adopted children;
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(3) stepchildren who were a part of the decedent’s household at the time of his death;
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(4) illegitimate children of a female decedent; and
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(5) illegitimate children of a male decedent—
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(A) who have been acknowledged in writing signed by the decedent;
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(B) who have been judicially determined, before the decedent’s death, to be his children;
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(C) who have been otherwise proved, by evidence satisfactory to the Secretary of Veterans Affairs, to be children of the decedent; or
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(D) to whose support the decedent had been judicially ordered to contribute.
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(e) Effect of Death Before Receipt of Gratuity.— If a person entitled to all or a portion of a death gratuity under subsection (a) or (b) dies before the person receives the death gratuity, it shall be paid to the living survivor next in the order prescribed by subsection (b).
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(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1453; amended Pub. L. 101–189, div. A, title XVI, § 1621(a)(2), Nov. 29, 1989, 103 Stat. 1603; Pub. L. 110–28, title III, § 3306, May 25, 2007, 121 Stat. 136; Pub. L. 110–181, div. A, title VI, § 645(a), (b), Jan. 28, 2008, 122 Stat. 158, 159; Pub. L. 110–417, [div. A], title X, § 1061(a)(4), Oct. 14, 2008, 122 Stat. 4612.)
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## Notes
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Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1477(a) 1477(b)38:1131(c) (less words in parentheses in clause (2)).38:1134(d).38:1101(7) (as applicable to children and as applicable to death gratuity).Aug. 1, 1956, ch. 837, §§ 102(7) (as applicable to death gratuity), 301(c), (d), 304(d), 70 Stat. 860, 868, 869. 38:1131(c) (words in parentheses in clause (2)). 1477(c)38:1101(7) (less applicability to children, as applicable to death gratuity). 1477(d)38:1131(d). In subsection (a), the words “highest on the following list” are substituted for the words “first listed below”, in 38:1131(c). The words “as prescribed by subsection (b)” are inserted in clause (2) to reflect that subsection. The words “or persons in loco parentis, as prescribed by subsection (c)” are inserted in clauses (3) (A) and (4) to reflect the fact that certain persons who are not parents in the normal sense are included as eligible survivors. In subsection (d), the words “the death gratuity” are substituted for the words “the amount to which he is entitled under this subchapter”. The words “next in the order prescribed” are substituted for the words “first listed under”.
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Editorial Notes
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Amendments2008—Subsec. (a). Pub. L. 110–181, § 645(a)(3), added subsec. (a) and struck out former subsec. (a) which required a death gratuity payable upon the death of a person covered by section 1475 or 1476 of this title to be paid to or for the living survivor highest on a specified list. Subsec. (b). Pub. L. 110–181, § 645(a)(3), added subsec. (b). Former subsec. (b) redesignated (d). Subsec. (c). Pub. L. 110–181, § 645(a)(3), added subsec. (c). Pub. L. 110–181, § 645(a)(1), struck out subsec. (c) which read as follows: “Clauses (3) and (4) of subsection (a), so far as they apply to parents and persons in loco parentis, include fathers and mothers through adoption, and persons who stood in loco parentis to the decedent for a period of not less than one year at any time before he acquired a status described in section 1475 or 1476 of this title. However, only one father and one mother, or their counterparts in loco parentis, may be recognized in any case, and preference shall be given to those who exercised a parental relationship on the date, or most nearly before the date, on which the decedent entered that status.” Subsec. (d). Pub. L. 110–181, § 645(a)(2), redesignated subsec. (b) as (d) and substituted “Treatment of Children.—Subsection (b)(2)” for “Subsection (a)(2)” in introductory provisions. Pub. L. 110–181, § 645(a)(1), struck out subsec. (d) which read as follows: “During the period beginning on the date of the enactment of this subsection and ending on September 30, 2007, a person covered by section 1475 or 1476 of this title may designate another person to receive not more than 50 percent of the amount payable under section 1478 of this title. The designation shall indicate the percentage of the amount, to be specified only in 10 percent increments up to the maximum of 50 percent, that the designated person may receive. The balance of the amount of the death gratuity shall be paid to or for the living survivors of the person concerned in accordance with paragraphs (1) through (5) of subsection (a).” Subsec. (e). Pub. L. 110–417 inserted period at end. Pub. L. 110–181, § 645(b), inserted heading and substituted “subsection (a) or (b)” for “subsection (a) or (d)” and “subsection (b)” for “subsection (a).”. 2007—Subsec. (a). Pub. L. 110–28, § 3306(1), substituted “Subject to subsection (d), a death gratuity” for “A death gratuity”. Subsec. (d). Pub. L. 110–28, § 3306(3), added subsec. (d). Former subsec. (d) redesignated (e). Subsec. (e). Pub. L. 110–28, § 3306(2), redesignated subsec. (d) as (e) and substituted “If a person entitled to all or a portion of a death gratuity under subsection (a) or (d) dies before the person” for “If an eligible survivor dies before he”. 1989—Subsec. (b)(5)(C). Pub. L. 101–189 substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”.
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Statutory Notes and Related Subsidiaries
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RegulationsPub. L. 110–181, div. A, title VI, § 645(d), Jan. 28, 2008, 122 Stat. 160, provided that: “(1) In general.—Not later than April 1, 2008, the Secretary of Defense shall prescribe regulations to implement the amendments to section 1477 of title 10, United States Code, made by subsection (a). “(2) Elements.—The regulations required by paragraph (1) shall include forms for the making of the designation contemplated by subsection (a) of section 1477 of title 10, United States Code, as amended by subsection (a) of this section, and instructions for members of the Armed Forces in the filling out of such forms.”
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|
||||
Existing Designation AuthorityPub. L. 110–181, div. A, title VI, § 645(c), Jan. 28, 2008, 122 Stat. 159, provided that: “The authority provided by subsection (d) of section 1477 of title 10, United States Code, as in effect on the day before the date of the enactment of this Act [Jan. 28, 2008], shall remain available to persons covered by section 1475 or 1476 of such title until July 1, 2008, or such earlier date as the Secretary of Defense may prescribe, and any designation under such subsection made before July 1, 2008, or the earlier date prescribed by the Secretary, shall continue in effect until such time as the person who made the designation makes a new designation under such section 1477, as amended by subsection (a) of this section.”
|
||||
File diff suppressed because one or more lines are too long
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|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1479"
|
||||
description: "Death gratuity: delegation of determinations, payments"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "75"
|
||||
chapter_name: "DECEASED PERSONNEL"
|
||||
section: "1479"
|
||||
citation: "10 U.S.C. § 1479"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1479 - Death gratuity: delegation of determinations, payments
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of making immediate payments under section 1475 of this title, the Secretary concerned shall—
|
||||
|
||||
(1) authorize the commanding officer of a territorial command, installation, or district in which a survivor of a person covered by that section is residing to determine the beneficiary eligible for the death gratuity; and
|
||||
|
||||
(2) authorize a disbursing or certifying official of each of those commands, installations, or districts to make the payments to the beneficiary, or certify the payments due them, as the case may be.
|
||||
|
||||
(Added Pub. L. 85–861, § 1(32)(A), Sept. 2, 1958, 72 Stat. 1455; amended Pub. L. 97–258, § 2(b)(1)(A), Sept. 13, 1982, 96 Stat. 1052.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 147938:1132.Aug. 1, 1956, ch. 837, § 302, 70 Stat. 868. The word “territorial” is substituted for the words “military or naval”, since the subsection could only apply to that type of command, installation, or district. Clause (2) is substituted for 38:1132(2).
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1982—Par. (2). Pub. L. 97–258 substituted “official” for “officer”.
|
||||
@@ -0,0 +1,73 @@
|
||||
---
|
||||
type: "LegalText"
|
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title: "10 U.S.C. § 1480"
|
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description: "Death gratuity: miscellaneous provisions"
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1480 - Death gratuity: miscellaneous provisions
|
||||
|
||||
## Text
|
||||
|
||||
(a) A payment may not be made under sections 1475–1477 of this title if the decedent was put to death as lawful punishment for a crime or a military offense, unless he was put to death by a hostile force with which the armed forces of the United States were engaged in armed conflict.
|
||||
|
||||
(b) A payment may not be made under section 1476 unless the Secretary of Veterans Affairs determines that the decedent was discharged or released, as the case may be, under conditions other than dishonorable from the last period of the duty or training that he performed.
|
||||
|
||||
(c) For the purposes of section 1475(a)(3) of this title, the Secretary concerned shall determine whether the decedent was authorized or required to perform the duty or training and whether or not he died from injury so incurred. For the purposes of section 1476 of this title, the Secretary of Veterans Affairs shall make those determinations. In making those determinations, the Secretary concerned or the Secretary of Veterans Affairs, as the case may be, shall consider—
|
||||
|
||||
(1) the hour on which the Reserve began to travel directly to or from the duty or training;
|
||||
|
||||
(2) the hour at which he was scheduled to arrive for, or at which he ceased performing, that duty or training;
|
||||
|
||||
(3) the method of travel used;
|
||||
|
||||
(4) the itinerary;
|
||||
|
||||
(5) the manner in which the travel was performed; and
|
||||
|
||||
(6) the immediate cause of death.
|
||||
|
||||
In cases covered by this subsection, the burden of proof is on the claimant.
|
||||
|
||||
(d) Payments under sections 1475–1477 of this title shall be made from appropriations available for the payment of members of the armed force concerned.
|
||||
|
||||
(e) In the case of a claim for a death gratuity under this chapter by an individual who is younger than 21 years of age on the date of the death with respect to which the claim is made, the individual shall file the claim with the Secretary of Defense not later than the later of—
|
||||
|
||||
(1) the date that is three years after the individual 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (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 sentence, as applicable to death gratuity).38:1134(b).Aug. 1, 1956, ch. 837, §§ 102(6)(B) (less 1st sentence, 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 “military”. In subsection (b), the words “last period * * * that he performed” are substituted for the words “such period”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2024—Subsec. (e). Pub. L. 118–159 added subsec. (e). 1989—Subsec. (b). Pub. L. 101–189, § 1621(a)(2), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs”. Subsec. (c). Pub. L. 101–189, § 1621(a)(2), (5), substituted “Secretary of Veterans Affairs” for “Administrator of Veterans’ Affairs” after “section 1476 of this title, the” and “the Secretary concerned or the Secretary of Veterans Affairs” for “the Secretary or the Administrator”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2024 AmendmentPub. 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.”
|
||||
@@ -0,0 +1,109 @@
|
||||
---
|
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1481"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1481 - Recovery, care, and disposition of remains: decedents covered
|
||||
|
||||
## Text
|
||||
|
||||
(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;
|
||||
|
||||
(E) staying at the member’s residence, when so authorized by proper authority, during a period of inactive duty training or between successive days of inactive duty training;
|
||||
|
||||
(F) hospitalized or undergoing treatment for an injury, illness, or disease incurred or aggravated while on active duty or performing 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 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, § 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(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 remains (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.
|
||||
|
||||
(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, § 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (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 applicable to armed forces), 3 (less 1st 16 words, as applicable to armed forces), 4 (as applicable 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 “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”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2024—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 distance 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 Amendment 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 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, § 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, § 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, § 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”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2024 AmendmentAmendment 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 AmendmentAmendment 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 AmendmentPub. L. 106–398, § 1 [[div. A], title X, § 1087(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–292, provided that the amendment 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 Fiscal Year 1999, Pub. L. 105–261, as enacted.
|
||||
|
||||
Effective Date of 1998 AmendmentPub. 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 respect to deaths occurring on or after the date of the enactment of this Act [Oct. 17, 1998].”
|
||||
|
||||
Effective Date of 1994 AmendmentPub. 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 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 AmendmentAmendment 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 Personnel To Be Trained in Preservation of Remains Under Combat or Combat-Related ConditionsPub. 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 preservation 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 conditions. “(c) Covered Military Health Care Professionals.—In this section, the term ‘military health care professional’ means—“(1) a physician, nurse, nurse practitioner, physician assistant, or combat medic; and “(2) any other medical personnel with medical specialties who may provide direct patient care and who are designated by the Secretary of the military department 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].”
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1482a - Expenses incident to death: civilian employees serving with an armed force
|
||||
|
||||
## Text
|
||||
|
||||
(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 service with an armed force in a contingency operation, or who dies of injuries incurred in connection 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 remains 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 parents 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 extent possible and shall provide for the Secretary’s consideration of the conditions and circumstances surrounding the death of an employee 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 accordance 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” includes 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 employees 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.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2011—Subsec. (c)(3). Pub. L. 111–383 substituted “section 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 “Civilian” in section catchline.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2002 AmendmentAmendment by Pub. L. 107–296 effective on the date of transfer of the Coast Guard to the Department of Homeland Security, see section 1704(g) of Pub. L. 107–296, set out as a note under section 101 of this title.
|
||||
|
||||
Effective DatePub. L. 103–160, div. A, title III, § 368(c), Nov. 30, 1993, 107 Stat. 1634, provided that: “The amendments made by this section [enacting this section] shall apply with respect to the payment of incidental expenses for civilian employees who die while serving in a contingency operation that occurs after the date of the enactment of this Act [Nov. 30, 1993].”
|
||||
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|
||||
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
---
|
||||
|
||||
# 10 U.S.C. § 1483 - Prisoners of war and interned enemy aliens
|
||||
|
||||
## Text
|
||||
|
||||
The Secretary concerned may provide for the care and disposition of the remains of prisoners of war and interned enemy aliens who die while in his custody and, incident thereto, pay the necessary expenses of—
|
||||
|
||||
(1) notification to the next of kin or other appropriate person;
|
||||
|
||||
(2) preparation of the remains for burial, including cremation;
|
||||
|
||||
(3) furnishing of clothing;
|
||||
|
||||
(4) furnishing of a casket or urn, or both, with outside box;
|
||||
|
||||
(5) transportation of the remains to the cemetery or other place selected by the Secretary; and
|
||||
|
||||
(6) interment of the remains.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 113.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 14835:2155 (as applicable to armed forces).July 15, 1954, ch. 507, § 5 (as applicable to armed forces), 68 Stat. 479. The list of payable expenses has been rearranged to produce a generally chronological result. The words “incurred for”, and the words “articles of” in clause (3), are omitted as surplusage. In clause (5), the words “cemetery or other place” are substituted for the words “town, city, or cemetery”.
|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1484 - Pensioners, indigent patients, and persons who die on military reservations
|
||||
|
||||
## Text
|
||||
|
||||
If proper disposition of the remains cannot otherwise be made, the Secretary concerned may provide for the care and disposition of the remains of pensioners and indigent patients who die in hospitals operated by his department and of persons who die on the military reservations of that department and, incident thereto, pay the necessary expenses of—
|
||||
|
||||
(1) notification to the next of kin or other appropriate person;
|
||||
|
||||
(2) preparation of the remains for burial, including cremation;
|
||||
|
||||
(3) furnishing of clothing;
|
||||
|
||||
(4) furnishing of a casket or urn, or both, with outside box;
|
||||
|
||||
(5) transportation of the remains to a cemetery selected by the Secretary; and
|
||||
|
||||
(6) interment of the remains.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 114.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 14845:2156 (as applicable to armed forces).July 15, 1954, ch. 507, § 6 (as applicable to armed forces), 68 Stat. 479. The words “If proper disposition of the remains cannot otherwise be made” are substituted for 5:2156 (last sentence). The words “maintained and” and “incurred for”, and the words “articles of” in clause (3), are omitted as surplusage. The words “of that department” are inserted for clarity.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1485"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
title_number: 10
|
||||
title_name: "ARMED FORCES"
|
||||
chapter_number: "75"
|
||||
chapter_name: "DECEASED PERSONNEL"
|
||||
section: "1485"
|
||||
citation: "10 U.S.C. § 1485"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
source_identifier: "/us/usc/t10/s1485"
|
||||
source_file: "data/legal/raw/us/code/title-10/usc10.xml"
|
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||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1485 - Dependents of members of armed forces
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary concerned may, if a dependent of a member of an armed force dies while the member is on active duty (other than for training), provide for, and pay the necessary expenses of, transporting the remains of the deceased dependent to the home of the decedent or to any other place that the Secretary determines to be the appropriate place of interment.
|
||||
|
||||
(b) The Secretary may furnish mortuary services and supplies, on a reimbursable basis, for persons covered by subsection (a), if (1) that action is practicable, and (2) local commercial mortuary services and supplies are not available or the Secretary believes that their cost is prohibitive.
|
||||
|
||||
(c) Reimbursement for mortuary services and supplies furnished under this section shall be collected and credited to appropriations available, at the time of reimbursement, for those services and supplies.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 114; Pub. L. 89–150, § 1(1), Aug. 28, 1965, 79 Stat. 585.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1485(a) 1485(b)5:2157 (1st sentence, as applicable to armed forces).5:2157 (2d sentence, as applicable to armed forces).July 15, 1954, ch. 507, § 7(a) (as applicable to armed forces), 68 Stat. 479. 1485(c)5:2157 (less 1st and 2d sentences, as applicable to armed forces). In subsection (a), the words “a member of an armed force” are substituted for the words “military personnel”. The words “the continental limits * * * or in Alaska” are omitted as covered by the definition of “United States” in section 101(1) of this title. The words “while traveling” are substituted for the words “while in transit”. In subsection (b), the word “services” is substituted for the word “facilities”. In subsection (c), the words “the authority of” and “the payments of” are omitted as surplusage. The words “at the time of reimbursement” are substituted for the word “current”.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1965—Pub. L. 89–150 struck out “; death while outside United States” in section catchline. Subsec. (a). Pub. L. 89–150 substituted provision for payment of transportation expenses of remains of deceased dependent of a member of an armed force while the member is on active duty (other than for training), for former provision for payment of the expenses where the member of the armed force is on active duty at a place outside the United States and the dependent dies while residing with that member or while traveling to or from that place.
|
||||
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|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1486"
|
||||
citation: "10 U.S.C. § 1486"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t10/s1486"
|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1486 - Other citizens of United States
|
||||
|
||||
## Text
|
||||
|
||||
(a) If local commercial mortuary services and supplies are not available, or if he believes that their cost is prohibitive, the Secretary concerned may furnish those services and supplies on a reimbursable basis in the case of any of the following citizens of the United States who die outside the United States:
|
||||
|
||||
(1) Any employee of a humanitarian agency accredited to the armed forces, such as the American Red Cross and the United Services Organization.
|
||||
|
||||
(2) Any civilian performing a service directly for the Secretary because of employment by an agency under a contract with the Secretary.
|
||||
|
||||
(3) Any officer or member of a crew of a merchant vessel operated by or for the United States through the Secretary.
|
||||
|
||||
(4) Any person who is on duty with an armed force under the jurisdiction of the Secretary and who is paid from non-appropriated funds.
|
||||
|
||||
(5) Upon the specific request of the Department of State, any person not otherwise covered by this section.
|
||||
|
||||
(6) Any dependent of a person who is covered by this section, if the dependent is living outside the United States with that person at the time of death.
|
||||
|
||||
(b) The Secretary may furnish transportation of the remains of persons covered by this section, on a reimbursable basis, to a port of entry in the United States.
|
||||
|
||||
(c) Reimbursement for services, supplies, and transportation furnished under this section shall be collected and credited to appropriations available, at the time of reimbursement, for those services, supplies, and transportation.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 114.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 1486(a) 1486(b)5:2158 (1st sentence as applicable to armed forces).5:2158 (2d sentence, as applicable to armed forces).July 15, 1954, ch. 507, § 8 (as applicable to armed forces), 68 Stat. 480. 1486(c)5:2158 (less 1st and 2d sentences, as applicable to armed forces). In subsection (a), the word “services” is substituted for the word “facilities”. The words “the continental limits * * * or in Alaska” are omitted as covered by definition of “United States” in section 101(1) of this title. In clause (3), the word “masters” is omitted as covered by the word “officer”. In clause (4), the words “under the jurisdiction of the Secretary” are inserted for clarity. In clause (5), the words “otherwise covered” are substituted for the words “specifically enumerated”. In clause (6), the words “who is covered” are substituted for the words “within the classes enumerated”. The words “outside the United States” are substituted for the word “abroad”. The words “that person” are substituted for the words “the supporting citizen concerned”. In subsection (b), the word “Government” is omitted as surplusage. In subsection (c), the words “the authority of” are omitted as surplusage. The words “at the time of reimbursement” are substituted for the word “current”.
|
||||
@@ -0,0 +1,39 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "75"
|
||||
chapter_name: "DECEASED PERSONNEL"
|
||||
section: "1487"
|
||||
citation: "10 U.S.C. § 1487"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1487 - Temporary interment
|
||||
|
||||
## Text
|
||||
|
||||
Whenever necessary for the temporary interment of remains pending transportation under this chapter to a designated cemetery, the Secretary concerned may acquire, and provide for the maintenance of, grave sites in commercial cemeteries, or he may acquire the right to use such grave sites for burial purposes. If the death occurs outside the United States and a temporary commercial grave site is not available on a reasonable basis, the Secretary may acquire land, or the right to use land, necessary for the temporary interment of the remains under this chapter.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 115.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 14875:2159 (as applicable to armed forces).July 15, 1954, ch. 507, § 9 (as applicable to armed forces), 68 Stat. 480. The words “as authorized by this chapter, section 103a(c) of this Title, and section 224 of Title 42”, “by purchase or otherwise”, “care and”, and “single or multiple” are omitted as surplusage. The word “continental” is omitted as covered by the definition of “United States” in section 101(1) of this title.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "10 U.S.C. § 1488"
|
||||
description: "Removal of remains"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "1488"
|
||||
citation: "10 U.S.C. § 1488"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1488 - Removal of remains
|
||||
|
||||
## Text
|
||||
|
||||
(a) Removal Upon Discontinuance of Installation Cemetery.— If a cemetery on a military reservation, including an installation cemetery, has been or is to be discontinued, the Secretary concerned may provide for the removal of remains from that cemetery to any other cemetery.
|
||||
|
||||
(b) Removal From Temporary Interment or Abandoned Grave or Cemetery.— With respect to any deceased member of an armed force under the jurisdiction of the Secretary concerned whose last service terminated honorably by death or otherwise, the Secretary may also provide for the removal of the remains from a place of temporary interment, or from an abandoned grave or cemetery, to a national cemetery.
|
||||
|
||||
(c) Removal of Remains of Certain Members With No Known Next of Kin.— (1) The Secretary of the Army may authorize the removal of the remains of a covered member of the armed forces who is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.
|
||||
|
||||
(2) The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a covered member of the armed forces who is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.
|
||||
|
||||
(3) A removal of remains may not be authorized under this subsection unless the individual seeking the removal of the remains—
|
||||
|
||||
(A) demonstrates to the satisfaction of the Secretary of the Army that the member of the armed forces concerned has no known next of kin or other person who is interested in maintaining the place of burial; and
|
||||
|
||||
(B) undertakes full responsibility for all expenses of the removal of the remains and the reburial of the remains at another cemetery as authorized by this subsection.
|
||||
|
||||
(4) In this subsection:
|
||||
|
||||
(A) The term “Army National Military Cemetery” means a cemetery specified in section 7721(b) of this title.
|
||||
|
||||
(B) The term “covered member of the armed forces” means a member of the armed forces who—
|
||||
|
||||
(i) has been awarded the Medal of Honor; and
|
||||
|
||||
(ii) has no known next of kin.
|
||||
|
||||
(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 113–291, div. A, title V, § 594, Dec. 19, 2014, 128 Stat. 3395; Pub. L. 115–232, div. A, title VIII, § 809(a), Aug. 13, 2018, 132 Stat. 1840.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes Revised sectionSource (U.S. Code)Source (Statutes at Large) 14885:2160 (as applicable to armed forces).July 15, 1954, ch. 507, § 10 (as applicable to armed forces), 68 Stat. 480. The words “national cemeteries, other installation cemeteries, or” are omitted as surplusage.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2018—Subsec. (c)(4)(A). Pub. L. 115–232 substituted “section 7721(b)” for “section 4721(b)”. 2014—Pub. L. 113–291 designated first sentence of existing provisions as subsec. (a) and inserted heading, designated second sentence of existing provisions as subsec. (b), inserted heading, and substituted “the jurisdiction of the Secretary concerned” for “his jurisdiction”, and added subsec. (c).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
citation: "10 U.S.C. § 1489"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1489 - Death gratuity: members and employees dying outside the United States while assigned to intelligence duties
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Secretary of Defense may pay a gratuity to the surviving dependents of any member of the armed forces or of any employee of the Department of Defense—
|
||||
|
||||
(1) who—
|
||||
|
||||
(A) is assigned to duty with an intelligence component of the Department of Defense and whose identity as such a member or employee is disguised or concealed; or
|
||||
|
||||
(B) is within a category of individuals determined by the Secretary of Defense to be engaged in clandestine intelligence activities; and
|
||||
|
||||
(2) who after October 14, 1980 dies as a result of injuries (excluding disease) sustained outside the United States and whose death—
|
||||
|
||||
(A) resulted from hostile or terrorist activities; or
|
||||
|
||||
(B) occurred in connection with an intelligence activity having a substantial element of risk.
|
||||
|
||||
(b) Any payment under subsection (a)—
|
||||
|
||||
(1) shall be in an amount equal to the amount of the annual basic pay or salary of the member or employee concerned at the time of death;
|
||||
|
||||
(2) shall be considered a gift and shall be in lieu of payment of any lesser death gratuity authorized by this chapter or any other Federal law; and
|
||||
|
||||
(3) shall be made under the same conditions as apply to payments authorized by section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973).
|
||||
|
||||
(Added Pub. L. 96–450, title IV, § 403(b)(1), Oct. 14, 1980, 94 Stat. 1979; amended Pub. L. 97–22, § 11(a)(6), July 10, 1981, 95 Stat. 138; Pub. L. 98–94, title XII, § 1268(9), Sept. 24, 1983, 97 Stat. 706; Pub. L. 99–145, title XIII, § 1303(a)(12), Nov. 8, 1985, 99 Stat. 739.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1985—Subsec. (a). Pub. L. 99–145 substituted “armed forces” for “Armed Forces”. 1983—Subsec. (a)(2). Pub. L. 98–94 substituted “October 14, 1980” for “the date of the enactment of this section”. 1981—Subsec. (b)(3). Pub. L. 97–22 substituted “section 413 of the Foreign Service Act of 1980 (22 U.S.C. 3973)” for “section 14 of the Act of August 1, 1956 (22 U.S.C. 2679a)”.
|
||||
@@ -0,0 +1,53 @@
|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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confidence: "official"
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1490 - Transportation of remains: certain retired members and dependents who die in military medical facilities
|
||||
|
||||
## Text
|
||||
|
||||
(a) Subject to subsection (b), when a member entitled to retired or retainer pay or equivalent pay, or a dependent of such a member, dies while properly admitted under chapter 55 of this title to a medical facility of the armed forces, the Secretary concerned may transport the remains, or pay the cost of transporting the remains, of the decedent to the place of burial of the decedent.
|
||||
|
||||
(b) (1) Transportation provided under this section may not be to a place further from the place of death than the decedent’s last place of permanent residence, and any amount paid under this section may not exceed the cost of transportation from the place of death to the decedent’s last place of permanent residence.
|
||||
|
||||
(2) Transportation of the remains of a decedent may not be provided under this section if such transportation is authorized by sections 1481 and 1482 of this title or by chapter 23 of title 38.
|
||||
|
||||
(c) Definition of Dependent.— In this section, the term “dependent” has the meaning given such term in section 1072(2) of this title.
|
||||
|
||||
(Added Pub. L. 98–94, title X, § 1032(a)(1), Sept. 24, 1983, 97 Stat. 671; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 102–190, div. A, title VI, § 626(a), (b)(1), Dec. 5, 1991, 105 Stat. 1379, 1380; Pub. L. 108–136, div. A, title V, § 562(a), (b), Nov. 24, 2003, 117 Stat. 1483.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2003—Subsec. (a). Pub. L. 108–136, § 562(a)(1), struck out “located in the United States” after “armed forces”. Subsec. (b)(1). Pub. L. 108–136, § 562(a)(2), struck out “outside the United States or to a place” before “further”. Subsec. (c). Pub. L. 108–136, § 562(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In this section: “(1) The term ‘United States’ includes the Commonwealth of Puerto Rico and the territories and possessions of the United States. “(2) The term ‘dependent’ has the meaning given such term in section 1072(2) of this title.” 1991—Pub. L. 102–190, § 626(b)(1), amended section catchline generally. Prior to amendment, section catchline read as follows: “Transportation of remains of members entitled to retired or retainer pay who die in a military medical facility”. Subsec. (a). Pub. L. 102–190, § 626(a)(1), inserted “, or a dependent of such a member,” after “equivalent pay”. Subsec. (c). Pub. L. 102–190, § 626(a)(2), added subsec. (c) and struck out former subsec. (c) which read as follows: “In this section, the term ‘United States’ includes the Commonwealth of Puerto Rico and the territories and possessions of the United States.” 1987—Subsec. (c). Pub. L. 100–26 inserted “the term” after “In this section,”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 2003 AmendmentPub. L. 108–136, div. A, title V, § 562(c), Nov. 24, 2003, 117 Stat. 1483, provided that: “The amendments made by this section [amending this section] shall apply only with respect to persons dying on or after the date of the enactment of this Act [Nov. 24, 2003].”
|
||||
|
||||
Effective DatePub. L. 98–94, title X, § 1032(b), Sept. 24, 1983, 97 Stat. 672, provided that: “Section 1490 of title 10, United States Code, as added by subsection (a), shall apply with respect to the transportation of the remains of persons dying after September 30, 1983.”
|
||||
File diff suppressed because one or more lines are too long
@@ -0,0 +1,63 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
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|
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|
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||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 10 U.S.C. § 1492 - Authority to provide travel and transportation allowances in connection with transfer ceremonies of certain civilian employees who die overseas
|
||||
|
||||
## Text
|
||||
|
||||
(a) Authority.— A covered official may treat a covered relative of a covered employee under the jurisdiction of that covered official in the same manner the Secretary of a military department treats, under section 481f(d) 11 See References in Text note below. of title 37, next of kin and family members of a member of the armed forces who dies while located or serving overseas.
|
||||
|
||||
(b) Definitions.— In this section:
|
||||
|
||||
(1) The term “covered employee” means a civilian employee—
|
||||
|
||||
(A) under the jurisdiction of a covered official; and
|
||||
|
||||
(B) who dies while located or serving overseas.
|
||||
|
||||
(2) The term “covered official” means—
|
||||
|
||||
(A) the Secretary of the military department concerned; and
|
||||
|
||||
(B) the head of a Defense Agency or Department of Defense Field Activity.
|
||||
|
||||
(3) The term “covered relative” means—
|
||||
|
||||
(A) the primary next of kin of the covered employee;
|
||||
|
||||
(B) two family members (other than primary next of kin) of the covered employee; and
|
||||
|
||||
(C) one or more additional family members of the covered employee, at the discretion of the Secretary a sibling of the covered employee.
|
||||
|
||||
(Added Pub. L. 116–283, div. A, title XI, § 1104(a)(1), Jan. 1, 2021, 134 Stat. 3889.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 481f of title 37, referred to in subsec. (a), was repealed by Pub. L. 117–81, div. A, title VI, § 604(a), Dec. 27, 2021, 135 Stat. 1767.
|
||||
Reference in New Issue
Block a user