10 U.S.C. § 1481 | Recovery, care, and disposition of remains: decedents covered

(a)

The Secretary concerned may provide for the recovery, care, and disposition of the remains of the following persons:

(1)

Any Regular of an armed force under his jurisdiction who dies while on active duty.

(2)

A member of a reserve component of an armed force who dies while—

(A)

on active duty;

(B)

performing inactive-duty training;

(C)

performing authorized travel directly to or from active duty or inactive-duty training;

(D)

remaining overnight immediately before the commencement of inactive-duty training, or remaining overnight, between successive periods of inactive-duty training, at or in the vicinity of the site of the inactive-duty training;

(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)

section 12503 of this title section 115 of title 32 serving on funeral honors duty under or ;

(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)

Pub. L. 99–661, div. A, title VI, § 604(e)(3)(B)Nov. 14, 1986100 Stat. 3877 Repealed. , , .]

(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)

section 1482(f) of this title To the extent authorized under , 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)

section 1482(g) of this title section 1471 of this title To the extent authorized under , 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 .

(11)

section 1475 of this title Any person not otherwise covered by this section whose death entitles a survivor of such person to a death gratuity under .

(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)

section 1072(2) of this title In this section, the term “dependent” has the meaning given such term in .

Aug. 10, 1956, ch. 1041 70A Stat. 112 Pub. L. 88–647, title III, § 301(3)Oct. 13, 196478 Stat. 1071 Pub. L. 99–661, div. A, title VI, § 604(e)(3)Nov. 14, 1986100 Stat. 3877 Pub. L. 103–337, div. A, title VI, § 652(a)(1)Oct. 5, 1994108 Stat. 2793 Pub. L. 104–106, div. A, title VII, § 702(b)Feb. 10, 1996110 Stat. 371 Pub. L. 105–85, div. A, title V, § 513(e)Nov. 18, 1997111 Stat. 1732 Pub. L. 105–261, div. A, title VI, § 645(a)Oct. 17, 1998112 Stat. 2049 Pub. L. 106–65, div. A, title V, § 578(i)(5)Oct. 5, 1999113 Stat. 630 Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654 Pub. L. 107–107, div. A, title V, § 513(c)Dec. 28, 2001115 Stat. 1093 Pub. L. 112–81, div. A, title VI, § 651(b)Dec. 31, 2011125 Stat. 1467 Pub. L. 113–66, div. A, title VI, § 651(a)(1)Dec. 26, 2013127 Stat. 787 Pub. L. 118–159, div. A, title VI, § 631(b)Dec. 23, 2024138 Stat. 1936(, ; , , ; , , ; , , ; , , ; , , ; , (b), , , 2050; , , ; , title X, § 1087(d)(3)], , , 1654A–293; , title VI, § 638(b)(2), , , 1147; , , ; , , ; , , .)

Historical and Revision Notes
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).

Historical and Revision Notes

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

Amendments

Pub. L. 118–1592024—Subsec. (a)(11). added par. (11).

Pub. L. 113–662013—Subsec. (a)(10). added par. (10).

Pub. L. 112–812011—Subsec. (a)(2)(E) to (G). added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.

Pub. L. 107–107, § 638(b)(2)Subsec. (a)(9). , substituted “section 1482(f)” for “section 1482(g)”.

Pub. L. 106–398 Pub. L. 105–261, § 645(b)2000—Subsec. (a)(1). amended directory language of . See 1998 Amendment note below.

Pub. L. 106–651999—Subsec. (a)(2)(F). added subpar. (F).

Pub. L. 105–261, § 645(b)Pub. L. 106–3981998—Subsec. (a)(1). , as amended by , struck out “, or member of an armed force without component,” after “Regular of an armed force”.

Pub. L. 105–261, § 645(a)Subsec. (a)(7). , 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.”

Pub. L. 105–851997—Subsec. (a)(2)(D). inserted “remaining overnight immediately before the commencement of inactive-duty training, or” after “(D)”.

Pub. L. 104–1061996—Subsec. (a)(2)(C) to (E). struck out “or” at end of subpar. (C), added subpar. (D), and redesignated former subpar. (D) as (E).

Pub. L. 103–337, § 652(a)(1)(A)1994—Subsec. (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).

Pub. L. 103–337, § 652(a)(1)(B)Subsec. (c). , added subsec. (c).

Pub. L. 99–6611986—Subsec. (a)(2), (3). 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;”.

Pub. L. 88–6471964—Subsec. (a)(4). 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 Amendment

Pub. L. 118–159Dec. 23, 2024section 631(d) of Pub. L. 118–159 section 1475 of this titleAmendment by applicable to a death that occurs on or after , see , set out as a note under .

Effective Date of 2011 Amendment

Pub. L. 112–81Dec. 31, 2011section 651(c) of Pub. L. 112–81 section 1475 of this titleAmendment by effective on , and applicable with respect to deaths that occur on or after that date, see , set out as a note under .

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654Oct. 17, 1998Pub. L. 105–261, title X, § 1087(d)], , , 1654A–292, provided that the amendment made by section 1 [[div. A], title X, § 1087(d)(3)] is effective , and as if included in the Strom Thurmond National Defense Authorization Act for Fiscal Year 1999, , as enacted.

Effective Date of 1998 Amendment

Pub. L. 105–261, div. A, title VI, § 645(c)Oct. 17, 1998112 Stat. 2050

Oct. 17, 1998“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 [].”

, , , provided that:

Effective Date of 1994 Amendment

Pub. L. 103–337, div. A, title VI, § 652(a)(3)Oct. 5, 1994108 Stat. 2794

section 1482 of this titleOct. 5, 1994“The amendments made by this subsection [amending this section and ] 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 [].”

, , , provided that:

Effective Date of 1986 Amendment

Pub. L. 99–661Nov. 14, 1986section 604(g) of Pub. L. 99–661 section 1074a of this titleAmendment by applicable with respect to persons who, after , incur or aggravate an injury, illness, or disease or die, see , set out as a note under .

Requirement for Deploying Military Medical Personnel To Be Trained in Preservation of Remains Under Combat or Combat-Related Conditions

Pub. L. 109–364, div. A, title V, § 567Oct. 17, 2006120 Stat. 2224

“(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 .—

Oct. 17, 2006Subsection (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 [].”

, , , provided that: