U.S. Code
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Title 10
» Subtitle Subtitle A— General Military Law › Part PART II— PERSONNEL › Chapter CHAPTER 75— DECEASED PERSONNEL › Subchapter SUBCHAPTER II— DEATH BENEFITS
10 U.S.C. § 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.)Historical and Revision Notes |
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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”.
Notes of Decisions
Madsen v. Kinsella, 343 U.S. 341 (1952).
· cites it 4× “790 , 10 U. S. C. § 1486 . The "law of war" in that connection includes at least that part of the law of nations which defines the powers and duties of belligerent powers occupying enemy territory pending the establishment of *355 civil government.”
United States v. Schultz, 1 C.M.A. 512 (1952).
“[Emphasis supplied] This article must be read in conjunction with Article of War 15, 10 USC § 1486 , which states: “The provisions of these articles conferring jurisdiction upon courts-martial shall not be construed as depriving military commissions, provost courts, or other…”
United States v. Canella, 63 F. Supp. 377 (S.D. Cal. 1945).
“1, Cl. 1; Article 2, Sec. 3, Cl. 1; and see Ex parte Quirin, 1942, 317 U.”
Ochikubo v. Bonesteel, 60 F. Supp. 916 (S.D. Cal. 1945).
“he plaintiff the procedures or rules applicable, or to prescribe any standard of conduct; no adequate charge; no fair hearing with confrontation by and right of cross-examination of witnesses or access to adverse information; that plaintiff was entitled to a hearing before a…”
Madsen v. Kinsella, Warden, 188 F.2d 272 (4th Cir. 1951).
“It was not provided, however, that the jurisdiction of the courts martial should be exclusive and the contrary was expressly provided by Article 15, which was new.”
Shirakura v. Royall, 89 F. Supp. 711 (D.D.C. 1948).
“The details of appointment and establishment of the particular court followed orders of the United States Army, based on the Fifteenth Article of War, 10 U.S.C.A. § 1486 , and the tribunal was composed entirely of officers of the United States Army.”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.