An Act to provide for the recovery, care, and disposition of the remains of members of the uniformed services and certain other personnel, and for other purposes
PL 83-495 (S.1999), enacted 07/15/1954

478 
PUBLIC LAW 495-JULY 15, 1954 
[68 S T A T . 
% 1999] 
Public Law 495 
CHAPTER 507 
AN ACT 
To provide for the recovery, care, aud disposition of the remains of members of 
the uniformed services and certain other personnel, and for other purposes. 
Overseas 
sonnel. 
Remains* 
Recoveryf 
care, 
and disposition. 
Military 
nel* 
Reserve 
nents. 
ROTC. 
A c c e p t e d 
listees* 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled. That the Secretary 
of the Army, the Secretary of the Navy, the Secretary of the Air Force, 
the Secretary of the Treasury, the Secretary of Commerce, and the 
Secretary of Health, Education, and Welfare (hereafter in this Act 
individually and severally referred to as the Secretary) are hereby 
respectively granted the powers and authorities hereafter in this Act 
enumerated and defined. 
SEC. 2, The Secretary is authorized to provide for the recovery, care 
and disposition of the remains of persons within the classes enumerated 
in section 3 hereof and, incident thereto, to pay the necessary expenses 
incurred for (a) notification to the next of kin or other appropriate 
person; (b) recovery and identification of remains; (c) preparation 
of remains for burial (including cremation of remains, upon request 
of the person recognized as the one to direct the disposition of the 
remains) ; (d) furnishing of a casket or urn, or both, with outside box; 
(e) hearse service; (f) funeral director's services; (g) transportation 
of remains and an escort of one person, including round-trip trans-
portation and prescribed allowances for such escort, to the town or 
city, or national or other cemetery, designated by the person recog-
nized as the person to direct the disposition of the remains or, in the 
absence of such designation, to a national or other cemetery desig-
nated by the Secretary in which burial of the decedent is authorized; 
(h) furnishing of a uniform or other articles of clothing; (i) pres-
entation of a flag of the United States to the person recognized as the 
one to direct the disposition of the remains, except that the presenta-
tion of a flag shall not be authorized in the case of a military prisoner 
who dies while in his custody and whose sentence includes a discharge 
other than honorable; and (j) interment of remains. 
SEC. 3. Tlie expenses authorized by section 2 hereof may be incurred 
by the Secretary in respect of (a) military personnel, including com-
missioned officers of the Coast and Geodetic Survey and the Public 
Health Service, who die while on active duty; (b) members of a 
reserve component of the Army, Navy and Marine Corps, Air Force, 
Coast Guard, Coast and Geodetic Survey, and Public Health Service, 
of the federally recognized National Guard or Air National Guard 
(in respect of duty for which they are entitled by law to receive pay 
from the Federal Government), or of the National Guard or Air 
National Guard of the United States, who die while on active duty, 
active duty for training, or while performing authorized travel to or 
from such service, or who die while on inactive duty training pursuant 
to proper authority, or who die while hospitalized or undergoing 
treatment at Government expense, as authorized by law, for injuries, 
illness, or disease contracted or incurred while on such service or 
inactive duty training or such authorized travel; (c) members of a 
Reserve Officers' Training Corps of the Army, Navy, and Air Force 
who die while attending training camps or on authorized practice 
cruises, pursuant to proper authority, or while performing authorized 
travel to or from such camps or cruises or while hospitalized or under-
going treatment at Government expense, as authorized by law, for 
injury, disease or illness contracted or incurred while attending such 
camps or on such cruises or authorized travel; (d) accepted appli-
cants for enlistment in the Army, Navy and Marine Corps, Air Force, 
(e) former enlisted members of the Army, Navy 
Hospitalized j^^d Coast GuardI 
former enlistees. 
68 
S T A T . ] 
PUBLIC LAW 495-JULY 15, 1954 
479 
and Marine Corps, Air Force, and Coast Guard who shall have been 
discharged in United States Government hospitals and who continue 
as patients in such hospitals to the date of their death; (f) retired 
members of the Army, Navy and Marine Corps, Air Force, and Coast 
Guard, and the reserve components thereof, hospitalized during 
periods of extended active duty, w^ho continue as patients in United 
States Government hospitals to the date of their death; and (g) mili-
tary prisoners who die while in his custody. 
SEC. 4. The benefits of this Act shall not be denied in respect of a 
person within the classes enumerated in subsections (a), (b), (c), (d), 
(e), and (f) of section 3 hereof on the ground that such person was 
temporarily absent from active duty with or without leave at the time 
of his death, unless such person shall have prior to the time of his 
death been dropped from the rolls of his organization. 
SE^ .5. The Secretary is authorized to 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, to pay the 
necessary expenses incurred for (a) notification to the next of kin or 
other appropriate person; (b) preparation of the remains for burial 
(including cremation); (c) furnishing of a casket or urn, or both, 
with outside box; (d) transportation of remains to the town, city, 
or cemetery designated by the Secretary; (e) furnishing of articles of 
clothing; and (f) interment of remains. 
SEC. 6. The Secretary is authorized to provide for the care and dis-
position of the remains of pensioners and indigent patients who die 
in hospitals maintained and operated by him and persons dying on 
military reservations, and, incident thereto, to pay the necessary ex-
penses incurred for (a) notification to the next of kin or other appro-
priate person; (b) preparation of remains for burial (including cre-
mation) ; (c) furnishing of a casket or urn, or both, with outside box; 
(d) furnisliingof articles of clothing; (e) transportation to a cemetery 
designated by the Secretary; and (f) interment of remains. 
How-
ever, no expenses shall be incurred pursuant to this section unless 
proper disposition of such remains cannot otherwise be made. 
SEC. 7. (a) The Secretary is authorized, in the case of dependents 
of military personnel, including commissioned officers of the Coast and 
Geodetic Survey and the Public Health Service, on active duty, who 
die w^hile residing with such military personnel at a place of duty out-
side the continental limits of the United States or in Alaska or while 
in transit to or from such place of duty, to provide for, and to pay the 
necessary expenses incurred for, the transportation of remains to such 
person's home or to such other place as the Secretary shall determine 
to be the appropriate place of interment. 
Mortuary services and 
supplies may be furnished, if practicable, by the Secretary in respect 
of such dependents on a reimbursable basis where local commercial 
mortuary facilities and supplies are not available, or if available, the 
cost thereof is prohibitive in the opinion of the Secretary. 
Keim-
bursement for the cost of mortuary services and supplies furnished 
under the authority of this subsection shall be collected and credited to 
current appropriations available for the payments of such costs. 
(h) Section 1 of the Act entitled "An Act to defray the costs of 
returni:'g to the United States the remains, families, and effects of 
officers and employees dying abroad, and for other purposes", approved 
July 8, 1940 (54 Stat. 743), is amended by adding a new clause (c) 
thereto to read as follows: 
"(c) In the case of dependents of a civilian officer or employee who 
died while residing with such civilian officer or employee performing 
official duties at a place outside the continental United States or in 
Alaska or while in transit thereto or therefrom, the head of the depart-
R e t i r e d 
mem-
bers. 
Military p r i s o -
ners. 
A b s e n c e 
fro m 
duty at death. 
A u t h o rized ex-
penses. 
Prisoners of war, 
etc. 
H o s p i t a l i z e d 
pensioners, etc. 
Limitation. 
D ep e n d e n t s of 
military personnel. 
Reimbursement. 
Death o u t s i d e 
U . S . 
5 
u s e 
1 0 3 a , 
103b. 
D ep e n d e n t 
of 
civilian employee. 
480 
PUBLIC LAW 495-JULY 15, 1954 
[68 STAT. 
ment concerned is authorized to pay the necessary expenses incurred 
for the transportation of remains to such person's home or to such 
other place as the head of the department concerned shall determine 
to be the appropriate place for interment. 
Mortuary services and 
supplies may be furnished, if practicable, by the department concerned 
in respect of such dependents on a reimbursable basis where local com-
mercial mortuary facilities and supplies are not available, or if avail-
able, the cost thereof is prohibitive in the opinion of the head of such 
Reimbursement, department. 
Reimbursement for the cost of mortuary services and 
supplies furnished under the authority of this subsection shall be 
collected and credited to current appropriations available for the pay-
ment of such costs." 
SEC. 8. In the case of death occurring outside the continental 
limits of the United States or in Alaska, if local commercial mortuary 
facilities and supplies are not available, or if available the cost thereof 
is prohibitive in the opinion of the Secretary, mortuary services and 
supplies may be furnished by the Secretary on a reimbursable basis 
^^Red Cross,USD, in rcspcct 01 citizcus of the United States who are (a) employees of 
humanitarian agencies accredited to the Armed Forces of the United 
States, such as the American Red Cross and United Service Organiza-
civiuans. 
tiou. Incorporated; (b) civilians performing services directly for the 
Secretary by virtue of employment by an agency under contract with 
Merchant vessel the Secretary; (c) masters, officers, and members of crews of mer-
chant vessels operated by or for the account of the United States 
Armed Forces, 
through the Secretary; (d) personnel on duty with the Armed Forces 
of the United States who are paid from nonappropriated funds; 
state Department (e) persous withiu a class uot Specifically enumerated in this section, 
Dependents. 
upou the spccific request of the Department of State; or (f) depend-
ents of citizens of the United States within the classes enumerated in 
this section who at the time of death reside abroad with the support-
ing citizen concerned. 
Government transportation for the remains 
of persons specified in this section to a port of entry in the United 
States may be furnished by the Secretary on a reimbursable basis. 
Reimbursement for the cost of services, supplies, and transportation 
furnished under the authority of this section shall be collected and 
credited to current appropriations available for such costs. 
Ten^jorary intei- 
^EC. 9. The Secretary IS authorized, when such action is necessary 
""" 
for the temporary interment of remains pending transportation to a 
designated cemetery as authorized by this Act, to acquire by purchase 
or otherwise, and to provide for the care and maintenance of, single 
or multiple grave sites in commercial cemeteries, or to acquire the 
right to use such grave sites for burial purposes. 
In the case of death 
occurring in locations outside continental United States where tem-
porary commercial grave sites are not available on a reasonable basis, 
the Secretary is authorized to acquire land, or the right to use land, 
necessary for the temporary interment of remains as authorized by 
this Act. 
SEC. 10. The Secretary is authorized to provide for the removal of 
remains from cemeteries on military reservations (including installa-
tion cemeteries), when such cemeteries have been, or are to be, dis-
continued, to national cemeteries, other installation cemeteries, or 
other cemeteries and for the removal from places of temporary inter-
ment, abandoned graves or abandoned cemeteries to national ceme-
teries, of the remains of military personnel whose last service 
terminated honorably by death or otherwise, 
t ^®J;""J^"'*,*'**"* 
SEC. 11. In any case where expenses which are allowable under 
section 2 of this Act are borne by individuals, reimbursement to such 
individuals or their representatives may be made by the Secretary for 
such expenses in an amount not in excess of the cost normally incurred 
by the Secretary in furnishing such services or supplies as authorized 
ment. 
Transfer o £ re-
mains. 
68 
S T A T . ] 
PUBLIC LAW 496-JULY 15, 1954 
481 
herein. 
No reimbursement, however, shall be made under this section 
for any expenses incurred prior to the date of the enactment of this 
Act which would not have oeen a proper charge against the Govern-
ment at the time of the incurring of such expenses. The reimburse-
ments authorized herein shall be in lieu of but not in addition to 
reimbursements for like purposes which may be otherwise authorized 
by Federal law or regulation, but a person entitled to any reimburse-
ment under this section may elect under which provision of Federal 
law or regulation to claim such reimbursement. 
SEC. 12. The Secretary may issue such regulations as may be neces-
sary to carry out the purposes of this Act. 
The person recognized 
under such regulations as the person to direct the disposition of the 
remains of a deceased person shall be either a surviving spouse, a 
blood relative, or an adoptive relative of the deceased person, or, if 
none of such persons can be ascertained and located, a person stand-
ing in loco parentis to the deceased person. 
SEC. 13. There are authorized to be appropriated from time to time 
such amounts as may be necessary to carry out the provisions of 
this Act. 
SEC. 14. (a) Section 212 (a) (1) of the Public Health Service Act, 
approved July 1, 1944 (58 Stat. 682), is amended by deleting there-
from the phrase "burial payments in the event of death,". 
(b) Section 506 of the Public Health Service Act, approved July 1, 
1944 (58 Stat. 682), is amended by adding at the end thereof a new 
sentence reading as follows: "Appropriations available for carrying 
out the provisions of this Act shall also be available for the payment 
of such expenses relating to the recovery, care, and disposition of the 
remains of personnel or their dependents as may be authorized under 
other provisions of law." 
(c) The following laws or parts of laws are hereby repealed: 
(1) The Act of March 9, 1928 (45 Stat. 251, ch. 162), as amended 
by the Act of May 17,1938 (52 Stat. 398) ; 
(2) The Act of May 26,1928 (45 Stat. 767, ch. 779); 
(3) The fourth sentence and the first proviso of the Act of June 15, 
1936 (49 Stat. 1507); 
(4) The Act of April 20,1940 (54 Stat. 144); and 
(5) Title 14, United States Code, sections 504, 505, and 506. 
SEC. 15. Section 9 of the Act of January 19, 1942 (56 Stat. 6), as 
amended by section 4 of the Act of March 29, 1944 (58 Stat. 129), is 
further amended by deleting the words "provisions of sections 1 to 5, 
inclusive, of the Act of April 20, 1940 (54 Stat. 144), relating to the 
burial expenses of Navy personnel, and the". 
Approved July 15, 1954. 
Regulations. 
Appropriations. 
Military bene-
fits. 
42 use 213. 
Trans porta tion 
of remains. 
42 use 224. 
Repeals. 
louse 91&916d. 
34 use 923. 
10 u s e 4 5Sa, 
455d. 
34 use 924-929. 
63 Stat. 937. 
33 use 870. 
34 use 924-928. 
Public Law 496 
CHAPTER 508 
AN ACT 
3sels to Br 
of Brazil, 
July 15.1954 
To authorize the sale of certain vessels to Brazil for use in the coastwise trade 
[=• 2370] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled, That the Secretary 
of Commerce is authorized, at any time prior to twenty-four months 
from the date of enactment of this Act, to transfer to the Government 
of Brazil or to citizens of Brazil title to not more than twelve 
Cl-MAV-1 type merchant vessels under the following conditions: 
(a) After consultation with the Secretary of State it is determined 
that the sale of such ships to Brazil will contribute to the economic 
development of Brazil, and such sales would serve the interest of the 
foreign policy of the United States; 
Brazil. 
Sale of vessels^ 
Conditions. 
39777 O—55—pt. 1-
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