(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.
(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
1482 of this title or by chapter
23 of title
(c) Definition of Dependent.— In this section, the term “dependent” has the meaning given such term in section
1072(2) of this title.
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. 100–26inserted “the term” after “In this section,”.
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].”
Section 1032(b) ofPub. L. 98–94provided 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.”
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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