
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: 10USC1490]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                     CHAPTER 75--DECEASED PERSONNEL
 
                      SUBCHAPTER II--DEATH BENEFITS
 
Sec. 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 located in the United States, 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 outside the United States or 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) 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.

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


                               Amendments

    1991--Pub. L. 102-190, Sec. 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, Sec. 626(a)(1), inserted ``, or a 
dependent of such a member,'' after ``equivalent pay''.
    Subsec. (c). Pub. L. 102-190, Sec. 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,''.


                             Effective Date

    Section 1032(b) of Pub. L. 98-94 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.''
