Proposed Legislation Providing Authority for the Armed Forces to Recover Remains of Persons Deceased as a Result of Armed Forces Operations

Congress’ authority to make rules for the United States armed forces under the Constitution, art. I, § 8, cl. 14, allows it to enact legislation governing the recover of the remains of members of the armed forces. Any grant to the armed forces of jurisdiction over the remains of nonmilitary persons killed as a result of armed forces operational activities, however, may exceed Congress’ constitutional authority.