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10 USC § 1490 - Transportation of remains: certain retired members and dependents who die in military medical facilities

---
identifier: "/us/usc/t10/s1490"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 1490 - Transportation of remains: certain retired members and dependents who die in military medical facilities"
title_number: 10
title_name: "ARMED FORCES"
section_number: "1490"
section_name: "Transportation of remains: certain retired members and dependents who die in military medical facilities"
chapter_number: 75
chapter_name: "DECEASED PERSONNEL"
subchapter_number: "II"
subchapter_name: "DEATH BENEFITS"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 98–94, title X, § 1032(a)(1), Sept. 24, 1983, 97 Stat. 671; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 102–190, div. A, title VI, § 626(a), (b)(1), Dec. 5, 1991, 105 Stat. 1379, 1380; Pub. L. 108–136, div. A, title V, § 562(a), (b), Nov. 24, 2003, 117 Stat. 1483.)"
---

# § 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, 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 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)** **Definition of Dependent.—** In this section, the term “dependent” has the meaning given such term in section 1072(2) of this title.

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**Source Credit**: (Added Pub. L. 98–94, title X, § 1032(a)(1), Sept. 24, 1983, 97 Stat. 671; amended Pub. L. 100–26, § 7(k)(3), Apr. 21, 1987, 101 Stat. 284; Pub. L. 102–190, div. A, title VI, § 626(a), (b)(1), Dec. 5, 1991, 105 Stat. 1379, 1380; Pub. L. 108–136, div. A, title V, § 562(a), (b), Nov. 24, 2003, 117 Stat. 1483.)

## Editorial Notes

### Amendments

2003—Subsec. (a). , struck out “located in the United States” after “armed forces”.

Subsec. (b)(1). , struck out “outside the United States or to a place” before “further”.

Subsec. (c). , 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 .”

1991—, 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). , inserted “, or a dependent of such a member,” after “equivalent pay”.

Subsec. (c). , 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).  inserted “the term” after “In this section,”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2003 Amendment

> “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 [
> 
> ].”

, , , provided that:

### Effective Date

>
> 
> , United States Code, as added by subsection (a), shall apply with respect to the transportation of the remains of persons dying after
> 
> .”

, , , provided that: