2015 US Code
Title 10 - Armed Forces (Sections 101 - 18506)
Subtitle A - General Military Law (Sections 101 - 2926)
Part II - Personnel (Sections 501 - 1805)
Chapter 75 - Deceased Personnel (Sections 1471 - 1491)
Subchapter II - Death Benefits (Sections 1475 - 1491)
Sec. 1488 - Removal of remains
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 10 - ARMED FORCES |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 10 - ARMED FORCES Subtitle A - General Military Law PART II - PERSONNEL CHAPTER 75 - DECEASED PERSONNEL SUBCHAPTER II - DEATH BENEFITS Sec. 1488 - Removal of remains |
Contains | section 1488 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | Yes |
Disposition | standard |
Source Credit | Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 113-291, div. A, title V, §594, Dec. 19, 2014, 128 Stat. 3395. |
Statutes at Large References | 68 Stat. 480 128 Stat. 3395 |
Public and Private Laws | Public Law 113-291 |
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(a) Removal Upon Discontinuance of Installation Cemetery.—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.
(b) Removal From Temporary Interment or Abandoned Grave or Cemetery.—With respect to any deceased member of an armed force under the jurisdiction of the Secretary concerned 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.
(c) Removal of Remains of Certain Members With No Known Next of Kin.—(1) The Secretary of the Army may authorize the removal of the remains of a covered member of the armed forces who is buried in an Army National Military Cemetery from the Army National Military Cemetery for transfer to any other cemetery.
(2) The Secretary of the Army, with the concurrence of the Secretary of Veterans Affairs, may authorize the removal of the remains of a covered member of the armed forces who is buried in a cemetery of the National Cemetery System from that cemetery for transfer to any Army National Military Cemetery.
(3) A removal of remains may not be authorized under this subsection unless the individual seeking the removal of the remains—
(A) demonstrates to the satisfaction of the Secretary of the Army that the member of the armed forces concerned has no known next of kin or other person who is interested in maintaining the place of burial; and
(B) undertakes full responsibility for all expenses of the removal of the remains and the reburial of the remains at another cemetery as authorized by this subsection.
(4) In this subsection:
(A) The term "Army National Military Cemetery" means a cemetery specified in section 4721(b) of this title.
(B) The term "covered member of the armed forces" means a member of the armed forces who—
(i) has been awarded the Medal of Honor; and
(ii) has no known next of kin.
(Aug. 10, 1956, ch. 1041, 70A Stat. 115; Pub. L. 113–291, div. A, title V, §594, Dec. 19, 2014, 128 Stat. 3395.)
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.
AMENDMENTS2014—Pub. L. 113–291 designated first sentence of existing provisions as subsec. (a) and inserted heading, designated second sentence of existing provisions as subsec. (b), inserted heading, and substituted "the jurisdiction of the Secretary concerned" for "his jurisdiction", and added subsec. (c).
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