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
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.
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.
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.
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.
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. 671Defense 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,”.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”.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”; andNational Defense Authorization Act for Fiscal Years 1992 and 1993
Pub. L. 102–190 § 626(a)(2) · 105 Stat. 1290
Added · 10 U.S.C. § 1490(c)
Pub. L. 102–190, § 626(a)(2), added subsec. (c)
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.”.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”; andEffective 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].”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].”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
- 1983Added Pub. L. 98–94, title X, § 1032(a)(1), , 97 Stat. 671
- 1987amended Pub. L. 100–26, § 7(k)(3), , 101 Stat. 284
- 1991Pub. L. 102–190, div. A, title VI, § 626(a), (b)(1), , 105 Stat. 1379, 1380
- 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.)