10 U.S.C. § 1490

Current through P.L. 118-59 (published on www.congress.gov on 05/07/2024)

Section 1490 - Transportation of remains: certain retired members and dependents who die in military medical facilities

(a) Subject to subsection (b), when a member entitled to retired or retainer pay or equivalent pay, or a dependent of such a member, dies while properly admitted under chapter 55 of this title to a medical facility of the armed forces, the Secretary concerned may transport the remains, or pay the cost of transporting the remains, of the decedent to the place of burial of the decedent.

(b)

(1) Transportation provided under this section may not be to a place further from the place of death than the decedent's last place of permanent residence, and any amount paid under this section may not exceed the cost of transportation from the place of death to the decedent's last place of permanent residence.

(2) Transportation of the remains of a decedent may not be provided under this section if such transportation is authorized by sections 1481 and 1482 of this title or by chapter 23 of title 38.

(c) DEFINITION OF DEPENDENT.-In this section, the term "dependent" has the meaning given such term in section 1072(2) of this title.

10 U.S.C. § 1490

Added Pub. L. 98-94, title X, §1032(a)(1), Sept. 24, 1983, 97 Stat. 671; amended Pub. L. 100-26, §7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 102-190, div. A, title VI, §626(a), (b) (1), Dec. 5, 1991, 105 Stat. 1379, 1380; Pub. L. 108-136, div. A, title V, §562(a), (b), Nov. 24, 2003, 117 Stat. 1483.

EDITORIAL NOTES

AMENDMENTS2003-Subsec. (a). Pub. L. 108-136, §562(a)(1), struck out "located in the United States" after "armed forces". Subsec. (b)(1). Pub. L. 108-136, §562(a)(2), struck out "outside the United States or to a place" before "further".Subsec. (c). Pub. L. 108-136, §562(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "In this section: "(1) The term 'United States' includes the Commonwealth of Puerto Rico and the territories and possessions of the United States. "(2) The term 'dependent' has the meaning given such term in section 1072(2) of this title." 1991- Pub. L. 102-190, §626(b)(1), amended section catchline generally. Prior to amendment, section catchline read as follows: "Transportation of remains of members entitled to retired or retainer pay who die in a military medical facility".Subsec. (a). Pub. L. 102-190, §626(a)(1), inserted ", or a dependent of such a member," after "equivalent pay".Subsec. (c). Pub. L. 102-190, §626(a)(2), added subsec. (c) and struck out former subsec. (c) which read as follows: "In this section, the term 'United States' includes the Commonwealth of Puerto Rico and the territories and possessions of the United States." 1987-Subsec. (c). Pub. L. 100-26 inserted "the term" after "In this section,".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2003 AMENDMENT Pub. L. 108-136, div. A, title V, §562(c), Nov. 24, 2003, 117 Stat. 1483, provided that: "The amendments made by this section [amending this section] shall apply only with respect to persons dying on or after the date of the enactment of this Act [Nov. 24, 2003]."

EFFECTIVE DATEPub. L. 98-94, title X, §1032(b), Sept. 24, 1983, 97 Stat. 672, provided that: "Section 1490 of title 10, United States Code, as added by subsection (a), shall apply with respect to the transportation of the remains of persons dying after September 30, 1983."

includes: "includes" means "includes but is not limited to"; and
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.
armed forces: The term "armed forces" means the Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard.
pay: The term "pay" includes basic pay, special pay, retainer pay, incentive pay, retired pay, and equivalent pay, but does not include allowances.
possessions: The term "possessions" includes the Virgin Islands, Guam, American Samoa, and the Guano Islands, so long as they remain possessions, but does not include any Commonwealth.