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Title 10 — Armed Forces

Part II · Chapter 75 — Deceased Personnel

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

Statutory text

(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.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Department of Defense Authorization Act, 1984

    Pub. L. 98–94 title X § 1032(a)(1) · 97 Stat. 614

    Enacted · 10 U.S.C. § 1490

    Added Pub. L. 98–94, title X, § 1032(a)(1), Sept. 24, 1983, 97 Stat. 671

    Source evidence

    Code source credit
    Added Pub. L. 98–94, title X, § 1032(a)(1), Sept. 24, 1983, 97 Stat. 671

  2. Defense Technical Corrections Act of 1987

    Pub. L. 100–26 § 7(k)(3) · 101 Stat. 273

    Inserted · 10 U.S.C. § 1490(c)

    Pub. L. 100–26 inserted “the term” after “In this section,”

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 100–26 inserted “the term” after “In this section,”.

    Enacted provision · exact public law section
    (3) Sections 130(b)(2), 708(e), 975(a)(2), 1490(c), 2319(a), 2324(k), 2391(d), 2401a(d), 2404(e), 2825(a)(2), 2826(f), and 2862(a)(2) are amended by inserting “the term” after “In this section,”.

  3. National Defense Authorization Act for Fiscal Years 1992 and 1993

    Pub. L. 102–190 § 626(b)(1) · 105 Stat. 1290

    Amended · 10 U.S.C. § 1490

    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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (1) The heading of section 1490 of title 10, United States Code, is amended to read as follows: “§ 1490. Transportation of remains: certain retired members and dependents who die in military medical facilities”.

  4. National Defense Authorization Act for Fiscal Years 1992 and 1993

    Pub. L. 102–190 § 626(a)(1) · 105 Stat. 1290

    Inserted · 10 U.S.C. § 1490(a)

    Pub. L. 102–190, § 626(a)(1), inserted “, or a dependent of such a member,” after “equivalent pay”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 102–190, § 626(a)(1), inserted “, or a dependent of such a member,” after “equivalent pay”.

    Enacted provision · exact public law section
    (1) in subsection (a), by inserting “, or a dependent of such a member,” after “equivalent pay”; and

  5. National Defense Authorization Act for Fiscal Years 1992 and 1993

    Pub. L. 102–190 § 626(a)(2) · 105 Stat. 1290

    1. Added · 10 U.S.C. § 1490(c)

      Pub. L. 102–190, § 626(a)(2), added subsec. (c)

    2. Struck · 10 U.S.C. § 1490(c)

      Pub. L. 102–190, § 626(a)(2), 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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (2) by striking out subsection (c) and inserting in lieu thereof the following: “(c) 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.”.

  6. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 562(a)(1) · 117 Stat. 1392

    Struck · 10 U.S.C. § 1490(a)

    Pub. L. 108–136, § 562(a)(1), struck out “located in the United States” after “armed forces”

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 108–136, § 562(a)(1), struck out “located in the United States” after “armed forces”.

    Enacted provision · exact public law section
    (1) in subsection (a), by striking “located in the United States”; and

    Effective date note
    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].”

  7. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 562(a)(2) · 117 Stat. 1392

    Struck · 10 U.S.C. § 1490(b)(1)

    Pub. L. 108–136, § 562(a)(2), struck out “outside the United States or to a place” before “further”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 108–136, § 562(a)(2), struck out “outside the United States or to a place” before “further”.

    Enacted provision · exact public law section
    (2) in subsection (b)(1), by striking “outside the United States or to a place”.

    Effective date note
    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].”

  8. National Defense Authorization Act for Fiscal Year 2004

    Pub. L. 108–136 § 562(b) · 117 Stat. 1392

    Amended · 10 U.S.C. § 1490(c)

    Pub. L. 108–136, § 562(b), amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: “In this section:

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    (b) Conforming Amendment.— Subsection (c) of such section is amended to read as follows: “(c) Definition of Dependent.— In this section, the term ‘dependent’ has the meaning given such term in section 1072(2) of this title.” .

    Effective date note
    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].”

8 of 9 references resolved to an enrolled provision · 1 partial

Editorial Notes

Amendments1987–2003 · 3 rounds

2003

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), , 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 [].”

Effective Date

Pub. L. 98–94, title X, § 1032(b), , 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 .”

Credits

1983–2003 · 4 acts
  1. 1983Added Pub. L. 98–94, title X, § 1032(a)(1), , 97 Stat. 671
  2. 1987amended Pub. L. 100–26, § 7(k)(3), , 101 Stat. 284
  3. 1991Pub. L. 102–190, div. A, title VI, § 626(a), (b)(1), , 105 Stat. 1379, 1380
  4. 2003Pub. L. 108–136, div. A, title V, § 562(a), (b), , 117 Stat. 1483.
Show as published

(Added Pub. L. 98–94, title X, § 1032(a)(1), , 97 Stat. 671; amended Pub. L. 100–26, § 7(k)(3), , 101 Stat. 284; Pub. L. 102–190, div. A, title VI, § 626(a), (b)(1), , 105 Stat. 1379, 1380; Pub. L. 108–136, div. A, title V, § 562(a), (b), , 117 Stat. 1483.)

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