
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1040]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
              CHAPTER 53--MISCELLANEOUS RIGHTS AND BENEFITS
 
Sec. 1040. Transportation of dependent patients

    (a) Except as provided in subsection (b), if a dependent 
accompanying a member of the uniformed services who is stationed outside 
the United States or in Alaska or Hawaii and who is on active duty for a 
period of more than 30 days requires medical attention which is not 
available in the locality, transportation of the dependents at the 
expense of the United States is authorized to the nearest appropriate 
medical facility in which adequate medical care is available. On his 
recovery or when it is administratively determined that the patient 
should be removed from the medical facility involved, the dependent may 
be transported at the expense of the United States to the duty station 
of the member or to such other place determined to be appropriate under 
the circumstances. If a dependent is unable to travel unattended, round-
trip transportation and travel expenses may be furnished necessary 
attendants. In addition to transportation of a dependent at the expense 
of the United States authorized under this subsection, reasonable travel 
expenses incurred in connection with the transportation of the dependent 
may be paid at the expense of the United States. Travel expenses 
authorized by this section may include reimbursement for necessary local 
travel in the vicinity of the medical facility involved. The 
transportation and travel expenses authorized by this section may be 
paid in advance.
    (b) This section does not authorize transportation and travel 
expenses for a dependent for elective surgery which is determined to be 
not medically indicated by a medical authority designated under joint 
regulations to be prescribed under this section.
    (c) In this section, the term ``dependent'' has the meaning given 
that term in section 1072 of this title.
    (d) Transportation and travel expenses authorized by this section 
shall be furnished in accordance with joint regulations to be prescribed 
by the Secretary of Transportation, the Secretary of Defense, the 
Secretary of Commerce, and the Secretary of Health and Human Services, 
which shall require the use of transportation facilities of the United 
States insofar as practicable.

(Added Pub. L. 89-140, Sec. 1(1), Aug. 28, 1965, 79 Stat. 579; amended 
Pub. L. 96-513, title V, Sec. 511(32), Dec. 12, 1980, 94 Stat. 2922; 
Pub. L. 98-94, title IX, Sec. 913(b), Sept. 24, 1983, 97 Stat. 640; Pub. 
L. 98-525, title VI, Sec. 611, title XIV, Sec. 1405(21), Oct. 19, 1984, 
98 Stat. 2538, 2623; Pub. L. 99-348, title III, Sec. 304(a)(2), July 1, 
1986, 100 Stat. 703; Pub. L. 99-661, div. A, title VI, Sec. 616(a), Nov. 
14, 1986, 100 Stat. 3880.)

                          Codification

    Another section 1040 was renumbered section 1041 of this title.
    Another section 1040, related to free postage from combat zones, was 
added by Pub. L. 89-132, Sec. 9(a), Aug. 21, 1965, 79 Stat. 548, prior 
to repeal by Pub. L. 89-315, Sec. 3(a), Nov. 1, 1965, 79 Stat. 1164. See 
section 3401 et seq. of Title 39, Postal Service.


                               Amendments

    1986--Subsec. (a). Pub. L. 99-661 substituted ``In addition to 
transportation of a dependent at the expense of the United States 
authorized under this subsection, reasonable travel expenses incurred in 
connection with the transportation of the dependent may be paid at the 
expense of the United States. Travel expenses authorized by this section 
may include reimbursement for necessary local travel in the vicinity of 
the medical facility involved. The transportation and travel expenses 
authorized by this section may be paid in advance'' for ``, and such 
expenses may be paid in advance''.
    Subsec. (c). Pub. L. 99-348 substituted ``In this section, the term 
`dependent' has the meaning given that term in'' for `` `Dependent' and 
`uniformed services' in this section have the meanings of those terms as 
defined in''.
    1984--Subsec. (a). Pub. L. 98-525, Sec. 1405(21), substituted ``30'' 
for ``thirty''.
    Pub. L. 98-525, Sec. 611, made provisions of section applicable to a 
dependent accompanying a member of the uniformed services stationed in 
Alaska or Hawaii.
    1983--Subsec. (a). Pub. L. 98-94 inserted ``, and such expenses may 
be paid in advance'' after ``attendants''.
    1980--Subsec. (d). Pub. L. 96-513 substituted ``Secretary of 
Transportation'' and ``Secretary of Health and Human Services'' for 
``Secretary of the Treasury'' and ``Secretary of Health, Education, and 
Welfare'', respectively.


                    Effective Date of 1986 Amendment

    Section 616(b) of Pub. L. 99-661 provided that: ``The amendment made 
by subsection (a) [amending this section] shall apply only to travel 
performed on or after the date of the enactment of this Act [Nov. 14, 
1986].''


                    Effective Date of 1984 Amendment

    Section 611 of Pub. L. 98-525 provided that the amendment made by 
that section is effective Oct. 1, 1984.


                    Effective Date of 1983 Amendment

    Amendment by Pub. L. 98-94 applicable to travel performed by escorts 
or attendants of dependents on or after Sept. 24, 1983, see section 
913(c) of Pub. L. 98-94, set out as a note under section 1036 of this 
title.


                    Effective Date of 1980 Amendment

    Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section 
701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of this 
title.
