10 USC 1481 - Recovery, care, and disposition of remains: decedents covered

Historical and Revision Notes
Revised section	Source (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(span)	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(span)

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 (span), 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

2013—Subsec. (a)(10). Puspan. L. 113–66 added par. (10).

2011—Subsec. (a)(2)(E) to (G). Puspan. L. 112–81 added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.

2001—Subsec. (a)(2)(D). Puspan. 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). Puspan. L. 107–107, § 638(span)(2), substituted “section 1482(f)” for “section 1482(g)”.

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

1999—Subsec. (a)(2)(F). Puspan. L. 106–65 added subpar. (F).

1998—Subsec. (a)(1). Puspan. L. 105–261, § 645(span), as amended by Puspan. L. 106–398, struck out “, or member of an armed force without component,” after “Regular of an armed force”.

Subsec. (a)(7). Puspan. 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). Puspan. L. 105–85 inserted “remaining overnight immediately before the commencement of inactive-duty training, or” after “(D)”.

1996—Subsec. (a)(2)(C) to (E). Puspan. L. 104–106 struck out “or” at end of subpar. (C), added subpar. (D), and redesignated former subpar. (D) as (E).

1994—Subsec. (a). Puspan. 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). Puspan. L. 103–337, § 652(a)(1)(B), added subsec. (c).

1986—Subsec. (a)(2), (3). Puspan. 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). Puspan. 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 2011 Amendment

Amendment by Puspan. 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 Puspan. L. 112–81, set out as a note under section 1475 of this title.

Effective Date of 2000 Amendment

Puspan. 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, Puspan. L. 105–261, as enacted.

Effective Date of 1998 Amendment

Puspan. 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 Amendment

Puspan. 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 Amendment

Amendment by Puspan. 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 Puspan. 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 Conditions

Puspan. 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.

“(span)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].”