10 U.S.C. § 1481
10 U.S.C. § 1481
| HISTORICAL AND REVISION NOTE | ||
| 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(b) | 5:2154 (as applicable to armed forces). | |
EDITORIAL NOTES
AMENDMENTS2013-Subsec. (a)(10). Pub. L. 113-66 added par. (10).2011-Subsec. (a)(2)(E) to (G). Pub. L. 112-81 added subpar. (E) and redesignated former subpars. (E) and (F) as (F) and (G), respectively.2001-Subsec. (a)(2)(D). Pub. 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). Pub. L. 107-107, §638(b)(2), substituted "section 1482(f)" for "section 1482(g)". 2000-Subsec. (a)(1). Pub. L. 106-398 amended directory language of Pub. L. 105-261, §645(b) . See 1998 Amendment note below.1999-Subsec. (a)(2)(F). Pub. L. 106-65 added subpar. (F).1998-Subsec. (a)(1). Pub. L. 105-261, §645(b), as amended by Pub. L. 106-398, struck out ",or member of an armed force without component," after "Regular of an armed force". Subsec. (a)(7). Pub. 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). Pub. L. 105-85 inserted "remaining overnight immediately before the commencement of inactive-duty training, or" after "(D)". 1996-Subsec. (a)(2)(C) to (E). Pub. L. 104-106 struck out "or" at end of subpar. (C), added subpar. (D), and redesignated former subpar. (D) as (E). 1994-Subsec. (a). Pub. 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). Pub. L. 103-337, §652(a)(1)(B), added subsec. (c). 1986-Subsec. (a)(2), (3). Pub. 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). Pub. 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 Pub. 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 Pub. L. 112-81, set out as a note under section 1475 of this title.
EFFECTIVE DATE OF 2000 AMENDMENT Pub. 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, Pub. L. 105-261, as enacted.
EFFECTIVE DATE OF 1998 AMENDMENT Pub. 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 Pub. 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 Pub. 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 Pub. 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 Pub. 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."(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.-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]."
- Air National Guard
- The term "Air National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is an air force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
- Army National Guard
- The term "Army National Guard" means that part of the organized militia of the several States and Territories, Puerto Rico, and the District of Columbia, active and inactive, that-(A) is a land force;(B) is trained, and has its officers appointed, under the sixteenth clause of section 8, article I, of the Constitution;(C) is organized, armed, and equipped wholly or partly at Federal expense; and(D) is federally recognized.
- Secretary concerned
- The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
- active duty for a period of more than 30 days
- The term "active duty for a period of more than 30 days" means active duty under a call or order that does not specify a period of 30 days or less.
- active duty
- The term "active duty" means full-time duty in the active military service of the United States, including sustained duty in the Space Force. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a service school by law or by the Secretary of the military department concerned. Such term does not include full-time National Guard duty.
- armed forces
- The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
- inactive-duty training
- The term "inactive-duty training" means-(A) duty prescribed for Reserves, or a member of the Space Force, by the Secretary concerned under section 206 of title 37 or any other provision of law; and(B) special additional duties authorized for Reserves, or a member of the Space Force, by an authority designated by the Secretary concerned and performed by them on a voluntary basis in connection with the prescribed training or maintenance activities of the units to which they are assigned.Such term includes those duties when performed by Reserves in their status as members of the National Guard.
- pay
- The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.