(Aug. 10, 1956, ch. 1041, 70A Stat. 113; Pub. L. 85–716, Aug. 21, 1958, 72 Stat. 708; Pub. L. 91–397, Sept. 1, 1970, 84 Stat. 837; Pub. L. 91–487, Oct. 22, 1970, 84 Stat. 1086; Pub. L. 93–292, May 28, 1974, 88 Stat. 176; Pub. L. 93–649, Jan. 8, 1975, 88 Stat. 2361; Pub. L. 101–189, div. A, title VI, §§ 652(a)(3),
(a)(6), title XVI, § 1622(c)(4),Nov. 29, 1989, 103 Stat. 1461, 1462, 1604; Pub. L. 103–337, div. A, title VI, § 652(a)(2), title XVI, § 1671(c)(8),Oct. 5, 1994, 108 Stat. 2793, 3014; Pub. L. 104–106, div. A, title XV, § 1501(c)(19),Feb. 10, 1996, 110 Stat. 499; Pub. L. 107–107, div. A, title VI, § 638(b)(1),Dec. 28, 2001, 115 Stat. 1147; Pub. L. 110–181, div. A, title V, § 591,Jan. 28, 2008, 122 Stat. 138; Pub. L. 110–417, [div. A], title V, § 581,Oct. 14, 2008, 122 Stat. 4472; Pub. L. 112–81, div. A, title V, § 528,Dec. 31, 2011, 125 Stat. 1402.)
Historical and Revision Notes
| Revised section
|| Source (U.S. Code)
|| Source (Statutes at Large)
||5:2152 (less 1st 27 words, as applicable to armed forces).
|5:2153 (1st 18 words, as applicable to armed forces).
|5:2161 (as applicable to armed forces).
|5:2162 (as applicable to armed forces).
||July 15, 1954, ch. 507, §§ 2 (less 1st 25 words, as applicable to armed forces), 3 (1st 16 words, as applicable to armed forces), 11 (as applicable to armed forces), 12 (as applicable to armed forces), 68 Stat. 478, 480, 481.
In subsection (a), the list of payable expenses has been rearranged to produce a generally chronological result. The words “person designated” are substituted for the words “person recognized as the person.”
In subsection (a)(4), the words “articles of” are omitted as surplusage.
In subsection (a)(8), the word “place” is substituted for the words “town or city”.
In subsection (a)(10), the words “other than honorable” are omitted, since a person cannot be sentenced to an honorable discharge.
In subsection (b), the words “If an individual pays” are substituted for the words “In any case where expenses * * * are borne by individuals”. The second sentence of 5:2161 is omitted as executed. The last sentence is substituted for the last sentence of 5:2161.
In subsection (c), 5:2162 (1st sentence) is omitted since the Secretary has inherent authority to issue regulations appropriate to exercising his statutory functions. The introductory language is substituted for 5:2162 (1st 22 words of 2d sentence). The words “ascertained and” are omitted as surplusage.
2011—Subsec. (c). Pub. L. 112–81
substituted “The” for “Only the” in introductory provisions, added par. (1), redesignated former pars. (1) to (4) as (2) to (5), respectively, and substituted “paragraphs (1) through (4)” for “clauses (1)–(3)” in par. (5).
2008—Subsec. (a)(8). Pub. L. 110–181
inserted at end “When transportation of the remains includes transportation by aircraft under section 562 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10
U.S.C. 1482 note
), the Secretary concerned shall provide, to the maximum extent practicable, for delivery of the remains by air to the commercial, general aviation, or military airport nearest to the place selected by the designee.”
Subsec. (a)(10), (11). Pub. L. 110–417
, § 581(b), struck out pars. (10) and (11) which read as follows:
“(10) Presentation of a flag of the United States to the person designated to direct disposition of the remains, except in the case of a military prisoner who dies while in the custody of the Secretary and while under a sentence that includes a discharge.
“(11) Presentation of a flag of equal size to the flag presented under paragraph (10) to the parents or parent, if the person to be presented a flag under paragraph (10) is other than the parent of the decedent. For the purpose of this paragraph, the term ‘parent’ includes a natural parent, a stepparent, a parent by adoption or a person who for a period of not less than one year before the death of the decedent stood in loco parentis to him, and preference under this paragraph shall be given to the persons who exercised a parental relationship at the time of, or most nearly before, the death of the decedent.”
Subsec. (e). Pub. L. 110–417
, § 581(a), designated existing provisions as par. (2), redesignated former pars. (1) and (2) of subsec. (e) as subpars. (A) and (B), respectively, of par. (2), inserted subsec. (e) heading, and added pars. (1) and (3) to (5).
2001—Subsecs. (d) to (g). Pub. L. 107–107
redesignated subsecs. (e) to (g) as (d) to (f), respectively, and struck out former subsec. (d) which read as follows: “When, as a result of a disaster involving the multiple deaths of persons covered by section
of this title, the Secretary concerned has possession of commingled remains that cannot be individually identified, and burial of those remains in a common grave in a national cemetery is considered necessary, he may, for the interment services of each known decedent, pay the expenses of round-trip transportation to the cemetery of (1) the person who would have been designated under subsection (c) to direct disposition of the remains if individual identification had been made, and (2) two additional persons selected by that person who are closely related to the decedent. The transportation expenses authorized to be paid under this subsection may not exceed the transportation allowances authorized for members of the armed forces for travel on official business, but no per diem allowance may be paid.”
1996—Subsec. (f)(2). Pub. L. 104–106
inserted “section” before “12731”.
1994—Subsec. (f)(2). Pub. L. 103–337
, § 1671(c)(8), substituted “section
” for “section
1332” and “12731” for “section
Subsec. (g). Pub. L. 103–337
, § 652(a)(2), added subsec. (g).
1989—Subsec. (a). Pub. L. 101–189
, § 653(a)(6)(A), substituted “expenses of the following:” for “expenses of—” in introductory provisions.
Subsec. (a)(1) to (9). Pub. L. 101–189
, § 653(a)(6)(B), (C), in each of pars. (1) to (9), capitalized first letter of first word and substituted period for semicolon at the end.
Subsec. (a)(10). Pub. L. 101–189
, § 653(a)(6)(B), (D), capitalized first letter of first word and substituted period for “; and”.
Subsec. (a)(11). Pub. L. 101–189
, § 653(a)(6)(B), (E), capitalized first letter of first word, substituted “paragraph” for “clause” in four places, and substituted “decedent. For the” for “decedent; for the”.
Subsec. (e). Pub. L. 101–189
, §§ 652(a)(3),
, substituted “the date of death” for “the effective date of this subsection, or the date of death,” and “chapter
” for “chapter 10, title
” in last sentence.
1975—Subsec. (e). Pub. L. 93–649
inserted provision relating to date of notification of death under authority of chapter 10, title
, to that person who would have been designated under subsection (c) to direct disposition of the remains, had they been recovered.
1974—Subsec. (f). Pub. L. 93–292
added subsec. (f).
1970—Subsec. (a)(11). Pub. L. 91–397
added cl. (11).
Subsec. (e). Pub. L. 91–487
added subsec. (e).
1958—Subsec. (d). Pub. L. 85–716
added subsec. (d).
Effective Date of 1996 Amendment
Section 1501(c) ofPub. L. 104–106
provided that the amendment made by that section is effective as of Dec. 1, 1994, and as if included as an amendment made by the Reserve Officer Personnel Management Act, title XVI of Pub. L. 103–337
, as originally enacted.
Effective Date of 1994 Amendment
Amendment by section 652(a)(2) ofPub. L. 103–337
applicable with respect to remains of, and incidental expenses incident to recovery, care, and disposition of, an individual who dies after Oct. 5, 1994, see section 652(a)(3) ofPub. L. 103–337
, set out as a note under section
of this title.
Amendment by section 1671(c)(8) ofPub. L. 103–337
effective Dec. 1, 1994, except as otherwise provided, see section 1691 ofPub. L. 103–337
, set out as an Effective Date note under section
of this title.
Department of Defense Policy and Procedures on Media Access at Ceremonies for Dignified Transfer of Remains of Members of the Armed Forces Who Die Overseas
Pub. L. 111–84
, div. A, title V, § 542(a),Oct. 28, 2009, 123 Stat. 2299
, provided that:
“(1) Policy required.—Not later than April 1, 2010, the Secretary of Defense shall prescribe a policy guaranteeing media access at ceremonies for the dignified transfer of remains of members of the Armed Forces who die while located or serving overseas (in this section referred to as ‘military decedents’) when approved by the primary next of kin of such military decedents.
“(2) Procedures.—The policy developed under paragraph (1) shall include procedures to be followed by the military departments in conducting appropriate ceremonies for the dignified transfer of remains of military decedents. The procedures shall be uniform across the military departments except to the extent necessary to reflect the traditional practices or customs of a particular military department.
“(3) Elements.—The policy developed under paragraph (1) shall include, but not be limited to, the following:
“(A) Provision for access by media representatives to transfers described in paragraph (1) if approved in advance by the primary next of kin of the military decedent or their designee.
“(B) Procedures for designating with certainty who is authorized to make the decision to approve media access at transfer ceremonies described in that paragraph under reasonable, foreseeable circumstances.
“(C) Conditions for coverage that media representatives must comply with during such transfer ceremonies, and procedures for ensuring agreement in advance by media representatives with the conditions for coverage prescribed by military authorities.
“(D) Procedures for the waiver by the primary next of kin or other designees of Departmental polices relating to delays in release of casualty information to the media and general public, when such waiver is required.”
Transportation of Remains of Casualties Dying in a Theater of Combat Operations
Pub. L. 109–364
, div. A, title V, § 562,Oct. 17, 2006, 120 Stat. 2220
, provided that:
“(a) Required Transportation.—In the case of a member of the Armed Forces who dies in a combat theater of operations and whose remains are returned to the United States through the mortuary facility at Dover Air Force Base, Delaware, the Secretary concerned, under regulations prescribed by the Secretary of Defense, shall provide transportation of the remains of that member from Dover Air Force Base to the applicable escorted remains destination in accordance with section
, United States Code, and this section.
“(b) Escorted Remains Destination.—In this section, the term ‘escorted remains destination’ means the place to which remains are authorized to be transported under section
, United States Code.
“(c) Air Transportation From Dover AFB.—
“(1) Military transportation.—If transportation of remains under subsection (a) includes transportation by air, such transportation (except as provided under paragraph (2)) shall be made by military aircraft or military-contracted aircraft.
“(2) Alternative transportation by aircraft.—The provisions of paragraph (1) shall not be applicable to the transportation of remains by air to the extent that the person designated to direct disposition of the remains directs otherwise.
“(3) Primary mission.—When remains are transported by military aircraft or military-contracted aircraft under this section, the primary mission of the aircraft providing that transportation shall be the transportation of such remains. However, more than one set of remains may be transported on the same flight.
“(1) In general.—Except as provided in paragraph (2), the Secretary concerned shall ensure that remains transported under this section are continuously escorted from Dover Air Force Base to the applicable escorted remains destination by a member of the Armed Forces in an appropriate grade, as determined by the Secretary.
“(2) Other escort.—If a specific military escort is requested by the person designated to direct disposition of such remains and the Secretary approves that request, then the Secretary is not required to provide an additional military escort under paragraph (1).
“(e) Honor Guard Detail.—
“(1) Provision of detail.—Except in a case in which the person designated to direct disposition of remains requests that no military honor guard be present, the Secretary concerned shall ensure that an honor guard detail is provided in each case of the transportation of remains under this section. The honor guard detail shall be in addition to the escort provided for the transportation of remains under section (d).
“(2) Composition.—An honor guard detail provided under this section shall consist of sufficient members of the Armed Forces to perform the duties specified in paragraph (3). The members of the honor guard detail shall be in uniform.
“(3) Duties.—Except to the extent that the person designated to direct disposition of remains requests that any of the following functions not be performed, an honor guard detail under this section—
“(i) travel with the remains during transportation; or
“(ii) meet the remains at the place to which transportation by air (or by rail or motor vehicle, if applicable) is made for the transfer of the remains;
“(B) shall provide appropriate honors at the arrival of the remains referred to in subparagraph (A)(ii) (unless airline or other security requirements do not permit such honors to be provided); and
“(C) shall participate in the transfer of the remains from an aircraft, when airport and airline security requirements permit, by carrying out the remains with a flag draped over the casket to a hearse or other form of ground transportation for travel to a funeral home or other place designated by the person designated to direct disposition of such remains.
“(f) Secretary Concerned Defined.—In this section, the term ‘Secretary concerned’ has the meaning given that term in section
, United States Code.
“(g) Effective Date.—This section shall take effect at such time as may be prescribed by the Secretary of Defense, but not later than January 1, 2007.”