
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: 10USC2641]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                       CHAPTER 157--TRANSPORTATION
 
Sec. 2641. Transportation of certain veterans on Department of 
        Defense aeromedical evacuation aircraft
        
    (a) The Secretary of Defense may provide transportation on an 
aircraft operating under the aeromedical evacuation system of the 
Department of Defense for the purpose of transporting a veteran to or 
from a Department of Veterans Affairs medical facility or of 
transporting the remains of a deceased veteran who died at such a 
facility after being transported to the facility under this subsection. 
Transportation of the remains of a deceased veteran under this 
subsection may be provided to the place from which the veteran was 
transported to the facility or to any other destination which is not 
farther away from the facility than such place.
    (b) Transportation under this section shall be provided in 
accordance with an agreement entered into between the Secretary of 
Defense and the Secretary of Veterans Affairs. Such an agreement shall 
provide that transportation may be furnished to a veteran (or for the 
remains of a veteran) on an aircraft referred to in subsection (a) only 
if--
        (1) the Secretary of Veterans Affairs notifies the Secretary of 
    Defense that the veteran needs or has been furnished medical care or 
    services in a Department of Veterans Affairs facility and the 
    Secretary of Veterans Affairs requests such transportation in 
    connection with the travel of such veteran (or of the remains of 
    such veteran) to or from the Department of Veterans Affairs facility 
    where the care or services are to be furnished or were furnished to 
    such veteran;
        (2) there is space available for the veteran (or the remains of 
    the veteran) on the aircraft; and
        (3) there is an adequate number of medical and other service 
    attendants to care for all persons being transported on the 
    aircraft.

    (c) A veteran is not eligible for transportation under this section 
unless the veteran is a primary beneficiary within the meaning of clause 
(A) of section 8111(g)(5) of title 38.
    (d)(1) A charge may not be imposed on a veteran (or on the survivors 
of a veteran) for transportation provided to the veteran (or for the 
remains of the veteran) under this section.
    (2) An agreement under subsection (b) shall provide that the 
Department of Veterans Affairs shall reimburse the Department of Defense 
for any costs incurred in providing transportation to veterans (or for 
the remains of veterans) under this section that would not otherwise 
have been incurred by the Department of Defense.
    (e) In this section, the term ``veteran'' has the meaning given that 
term in section 101(2) of title 38.

(Added Pub. L. 100-180, div. A, title XII, Sec. 1250(a)(1), Dec. 4, 
1987, 101 Stat. 1167; amended Pub. L. 101-189, div. A, title XVI, 
Sec. 1621(a)(1), (2), (8), Nov. 29, 1989, 103 Stat. 1602, 1603; Pub. L. 
103-337, div. A, title VI, Sec. 652(b), title X, Sec. 1070(e)(8), Oct. 
5, 1994, 108 Stat. 2794, 2859.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-337, Sec. 652(b)(1), inserted before 
period ``or of transporting the remains of a deceased veteran who died 
at such a facility after being transported to the facility under this 
subsection. Transportation of the remains of a deceased veteran under 
this subsection may be provided to the place from which the veteran was 
transported to the facility or to any other destination which is not 
farther away from the facility than such place''.
    Subsec. (b). Pub. L. 103-337, Sec. 652(b)(2)(A)(i), inserted ``(or 
for the remains of a veteran)'' after ``furnished to a veteran'' in 
introductory provisions.
    Subsec. (b)(1). Pub. L. 103-337, Sec. 652(b)(2)(A)(ii), inserted 
``(or of the remains of such veteran)'' after ``of such veteran''.
    Subsec. (b)(2). Pub. L. 103-337, Sec. 652(b)(2)(A)(iii), inserted 
``(or the remains of the veteran)'' after ``for the veteran''.
    Subsec. (c). Pub. L. 103-337, Sec. 1070(e)(8), substituted ``section 
8111(g)(5) of title 38'' for ``section 5011(g)(5) of title 38''.
    Subsec. (d)(1). Pub. L. 103-337, Sec. 652(b)(2)(B), inserted ``(or 
on the survivors of a veteran)'' after ``on a veteran'' and ``(or for 
the remains of the veteran)'' after ``to the veteran''.
    Subsec. (d)(2). Pub. L. 103-337, Sec. 652(b)(2)(C), inserted ``(or 
for the remains of veterans)'' after ``to veterans''.
    1989--Subsec. (a). Pub. L. 101-189, Sec. 1621(a)(1), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.
    Subsec. (b). Pub. L. 101-189, Sec. 1621(a)(2), substituted 
``Secretary of Veterans Affairs'' for ``Administrator of Veterans' 
Affairs'' in introductory provisions and in par. (1).
    Subsec. (b)(1). Pub. L. 101-189, Sec. 1621(a)(8), substituted ``the 
Secretary of Veterans Affairs requests'' for ``the Administrator 
requests''.
    Pub. L. 101-189, Sec. 1621(a)(1), substituted ``Department of 
Veterans Affairs'' for ``Veterans' Administration'' in two places.
    Subsec. (d)(2). Pub. L. 101-189, Sec. 1621(a)(1), substituted 
``Department of Veterans Affairs'' for ``Veterans' Administration''.


            Deadline for Entry Into Transportation Agreement

    Section 1250(b) of Pub. L. 100-180 directed Secretary of Defense and 
Administrator of Veterans' Affairs to enter into an agreement required 
by this section not later than 60 days after Dec. 4, 1987.
