dreamproit/uscode huggingface dataset:
10 U.S.C. § 1484 (ARMED FORCES)
§ 1484. Pensioners, indigent patients, and persons who die on military reservations
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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1484
5:2156 (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.
10 U.S.C. § 1485 (ARMED FORCES)
§ 1485. Dependents of members of armed forces
(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.)
text: Historical and Revision Notes
Revised section
Source (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”.
heading: Amendments
text: 1965—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.
10 U.S.C. § 1486 (ARMED FORCES)
§ 1486. Other citizens of United States
(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.)
text: Historical and Revision Notes
Revised section
Source (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”.
10 U.S.C. § 1487 (ARMED FORCES)
§ 1487. Temporary interment
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.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1487
5:2159 (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.
10 U.S.C. § 1488 (ARMED FORCES)
§ 1488. Removal of remains
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. With respect to any deceased member of an armed force under his jurisdiction 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.
(Aug. 10, 1956, ch. 1041, 70A Stat. 115.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1488
5:2160 (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.
10 U.S.C. § 1489 (ARMED FORCES)
§ 1489. Death gratuity: members and employees dying outside the United States while assigned to intelligence duties
(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.)
heading: Amendments
text: 1985—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)”.
10 U.S.C. § 1507 (ARMED FORCES)
§ 1507. Recommendation of status of death
(a) Requirements Relating to Recommendation.—
A board appointed under section 1503, 1504, or 1505 of this title may not recommend that a person be declared dead unless—
(1) credible evidence exists to suggest that the person is dead;
(2) the United States possesses no credible evidence that suggests that the person is alive; and
(3) representatives of the United States—
(A) have made a complete search of the area where the person was last seen (unless, after making a good faith effort to obtain access to such area, such representatives are not granted such access); and
(B) have examined the records of the government or entity having control over the area where the person was last seen (unless, after making a good faith effort to obtain access to such records, such representatives are not granted such access).
(b) Submittal of Information on Death.—
If a board appointed under section 1503, 1504, or 1505 of this title makes a recommendation that a missing person be declared dead, the board shall include in the report of the board with respect to the person under that section the following:
(1) A detailed description of the location where the death occurred.
(2) A statement of the date on which the death occurred.
(3) A description of the location of the body, if recovered.
(4) If the body has been recovered and is not identifiable through visual means, a certification by a forensic pathologist that the body recovered is that of the missing person. In determining whether to make such a certification, the forensic pathologist shall consider, as determined necessary by the Secretary of the military department concerned, additional evidence and information provided by appropriate specialists in forensic medicine or other appropriate medical sciences.
(Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 347; amended Pub. L. 104–201, div. A, title V, § 578(e), Sept. 23, 1996, 110 Stat. 2537; Pub. L. 105–85, div. A, title V, § 599(c), Nov. 18, 1997, 111 Stat. 1768.)
heading: Amendments
text: 1997—Subsec. (b)(3), (4). Pub. L. 105–85 added pars. (3) and (4).
1996—Subsec. (b)(3), (4). Pub. L. 104–201 struck out pars. (3) and (4) which read as follows:
“(3) A description of the location of the body, if recovered.
“(4) If the body has been recovered and is not identifiable through visual means, a certification by a practitioner of an appropriate forensic science that the body recovered is that of the missing person.”
10 U.S.C. § 1508 (ARMED FORCES)
§ 1508. Judicial review
(a) Right of Review.—
A person who is the primary next of kin (or the previously designated person) of a person who is the subject of a finding described in subsection (b) may obtain judicial review in a United States district court of that finding, but only on the basis of a claim that there is information that could affect the status of the missing person’s case that was not adequately considered during the administrative review process under this chapter. Any such review shall be as provided in section 706 of title 5.
(b) Findings for Which Judicial Review May Be Sought.—
Subsection (a) applies to the following findings:
(1) A finding by a board appointed under section 1504 or 1505 of this title that a missing person is dead.
(2) A finding by a board appointed under section 1509 of this title that confirms that a missing person formerly declared dead is in fact dead.
(c) Subsequent Review.—
Appeals from a decision of the district court shall be taken to the appropriate United States court of appeals and to the Supreme Court as provided by law.
(Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 348.)
10 U.S.C. § 1510 (ARMED FORCES)
§ 1510. Applicability to Coast Guard
(a) Designated Officer To Have Responsibility.—
The Secretary of Homeland Security shall designate an officer of the Department of Homeland Security to have responsibility within the Department of Homeland Security for matters relating to missing persons who are members of the Coast Guard.
(b) Procedures.—
The Secretary of Homeland Security shall prescribe procedures for the determination of the status of persons described in section 1501(c) of this title who are members of the Coast Guard and for the collection, analysis, review, and update of information on such persons. To the maximum extent practicable, the procedures prescribed under this section shall be similar to the procedures prescribed by the Secretary of Defense under section 1501(b) of this title.
(Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 349; amended Pub. L. 107–296, title XVII, § 1704(b)(1), Nov. 25, 2002, 116 Stat. 2314.)
heading: Amendments
text: 2002—Pub. L. 107–296 substituted “of Homeland Security” for “of Transportation” wherever appearing.
heading: Effective Date of 2002 Amendment
text: Amendment 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.
10 U.S.C. § 1511 (ARMED FORCES)
§ 1511. Return alive of person declared missing or dead
(a) Pay and Allowances.—
Any person (except for a person subsequently determined to have been absent without leave or a deserter) in a missing status or declared dead under subchapter VII of chapter 55 of title 5 or chapter 10 of title 37 or by a board appointed under this chapter who is found alive and returned to the control of the United States shall be paid for the full time of the absence of the person while given that status or declared dead under the law and regulations relating to the pay and allowances of persons returning from a missing status.
(b) Effect on Gratuities Paid as a Result of Status.—
Subsection (a) shall not be interpreted to invalidate or otherwise affect the receipt by any person of a death gratuity or other payment from the United States on behalf of a person referred to in subsection (a) before February 10, 1996.
(Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 349; amended Pub. L. 107–107, div. A, title X, § 1048(c)(10), Dec. 28, 2001, 115 Stat. 1226.)
heading: Amendments
text: 2001—Subsec. (b). Pub. L. 107–107 substituted “February 10, 1996” for “the date of the enactment of this chapter”.
10 U.S.C. § 1512 (ARMED FORCES)
§ 1512. Effect on State law
(a) Nonpreemption of State Authority.—
Nothing in this chapter shall be construed to invalidate or limit the power of any State court or administrative entity, or the power of any court or administrative entity of any political subdivision thereof, to find or declare a person dead for purposes of such State or political subdivision.
(b) State Defined.—
In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States.
(Added Pub. L. 104–106, div. A, title V, § 569(b)(1), Feb. 10, 1996, 110 Stat. 349.)
10 U.S.C. § 1522 (ARMED FORCES)
§ 1522. Posthumous warrants
(a) The Secretary concerned may issue, or have issued, an appropriate warrant in the name of a member of the armed forces who, after September 8, 1939, was officially recommended for appointment or promotion to a grade other than a commissioned grade but was unable to accept the appointment or promotion because of death.
(b) A warrant issued under subsection (a) shall issue as of the date of the recommendation, and the member’s name shall be carried on the records of the military or executive department concerned as if he had served in the grade to which posthumously appointed or promoted from the date of the recommendation to the date of his death.
(c) A warrant issued under subsection (a) in connection with the promotion of a deceased member to a higher grade shall require a finding by the Secretary concerned that, at the time of death of the member, the member was qualified for appointment to that higher grade.
(Aug. 10, 1956, ch. 1041, 70A Stat. 116; Pub. L. 110–417, [div. A], title V, § 502(b), Oct. 14, 2008, 122 Stat. 4433.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1522(a)
10:612 (words before semicolon).
34:285e (words before semicolon).
July 28, 1942, ch. 528, § 4, 56 Stat. 723; July 17, 1953, ch. 220, § 1 (a)–(d), 67 Stat. 176.
1522(b)
10:612 (words after semicolon).
34:285e (words after semicolon).
In subsection (a), the words “a member of” are substituted for the words “any person who, while in”, in 10:612 and 34:285e. The words “armed forces” are substituted for the words “the military service of the United States”, in 10:612; and “the naval service of the United States”, in 34:285e (which did not appear in the source statute for the revised section, as amended by the act of July 17, 1953, ch. 220, § 1(b), 67 Stat. 177). The words “other than a commissioned grade” are substituted for the words “noncommissioned grade” to make it clear that the revised section covers warrant officers. The words “receive or” are omitted as surplusage.
In subsection (b), the words “appointment or promotion”, “and branch of the service”, “official”, and “by such warrant” are omitted as surplusage.
heading: Amendments
text: 2008—Subsec. (a). Pub. L. 110–417, § 502(b)(1), struck out “in line of duty” before period at end.
Subsec. (c). Pub. L. 110–417, § 502(b)(2), added subsec. (c).
10 U.S.C. § 1523 (ARMED FORCES)
§ 1523. Posthumous commissions and warrants: effect on pay and allowances
No person is entitled to any bonus, gratuity, pay, or allowance because of a posthumous commission or warrant.
(Aug. 10, 1956, ch. 1041, 70A Stat. 116.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1523
10:491d.
34:285f.
July 28, 1942, ch. 528, § 6, 56 Stat. 723; July 17, 1953, ch. 220, § 1(e) (1st 7 words), 67 Stat. 177.
The word “receive” is omitted as surplusage. The words “because of a posthumous commission or warrant” are substituted for the words “by virtue of any provision of sections 491a–491d [285b–285d] and 612 [285e] of this title”, in 10:491d and 34:285f.
10 U.S.C. § 1524 (ARMED FORCES)
§ 1524. Posthumous commissions and warrants: determination of date of death
For the purposes of sections 1521 and 1522 of this title, in any case where the date of death is established or determined under section 551–558 of title 37, the date of death is the date the Secretary concerned receives evidence that the person is dead, or the date the finding of death is made under section 555 of title 37.
(Added Pub. L. 89–718, § 12(a)(1), Nov. 2, 1966, 80 Stat. 1117.)
10 U.S.C. § 1551 (ARMED FORCES)
§ 1551. Correction of name after separation from service under an assumed name
The Secretary of the military department concerned shall issue a certificate of discharge or an order of acceptance of resignation in the true name of any person who was separated from the Army, Navy, Air Force, or Marine Corps honorably or under honorable conditions after serving under an assumed name during a war with another nation or people, upon application by, or on behalf of, that person, and upon proof of his identity. However, a certificate or order may not be issued under this section if the name was assumed to conceal a crime or to avoid its consequences.
(Aug. 10, 1956, ch. 1041, 70A Stat. 116.)
text: Historical and Revision Notes
Revised section
Source (U.S. Code)
Source (Statutes at Large)
1551
5:200.
34:597.
Apr. 14, 1890, ch. 80; restated June 25, 1910, ch. 393, 36 Stat. 824.
Aug. 22, 1912, ch. 329, 37 Stat. 324.
The word “shall” is substituted for the words “is authorized and required”. The word “separated” is substituted for the word “discharged”, since the revised section covers acceptances of resignations as well as certificates of discharge. The words “enlisted or” and “while minors or otherwise” are omitted as surplusage. The words “the War of the Rebellion” are omitted as obsolete. The word “with” is substituted for the words “between the United States and”. The words “honorably or under honorable conditions” are substituted for the word “honorably”.
heading: Personnel Freeze for Service Review Agencies
text: Pub. L. 105–261, div. A, title V, § 541, Oct. 17, 1998, 112 Stat. 2019, provided that, during fiscal years 1999, 2000, and 2001, the Secretary of a military department could not carry out any reduction in the number of military and civilian personnel assigned to duty with the service review agency for that military department below the baseline number for that agency until: (1) the Secretary had submitted to Congress a report that described the reduction to be made and the rationale for that reduction, and specified the number of such personnel that would be assigned to duty with that agency after the reduction; and (2) a period of 90 days had elapsed after the date on which such report had been submitted.