§2641 — Title 10 Armed Forces | U.S. Code

Summary

The Department of Defense can use its aeromedical evacuation planes to carry veterans to or from VA medical centers. It can also fly home the remains of a veteran who dies at a VA facility, either back to the place the veteran came from or to another place that is not farther away. These flights must follow a written agreement between the Defense Department and the VA. The VA must notify and ask for the transport. Transport is allowed only if there is space and enough medical or other attendants on the aircraft. A veteran must be a “primary beneficiary” as listed in clause (A) of 38 U.S.C. 8111(g)(5) to qualify. Veterans or their survivors are not charged, and the VA must repay the Defense Department for any extra costs. “Veteran” uses the meaning in 38 U.S.C. 101(2).

Title 10, §2641

Armed Forces — Source: USLM XML via OLRC

(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–337, § 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, § 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, § 652(b)(2)(A)(ii), inserted “(or of the remains of such veteran)” after “of such veteran”. Subsec. (b)(2). Pub. L. 103–337, § 652(b)(2)(A)(iii), inserted “(or the remains of the veteran)” after “for the veteran”. Subsec. (c). Pub. L. 103–337, § 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, § 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, § 652(b)(2)(C), inserted “(or for the remains of veterans)” after “to veterans”. 1989—Subsec. (a). Pub. L. 101–189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration”. Subsec. (b). Pub. L. 101–189, § 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, § 1621(a)(8), substituted “the Secretary of Veterans Affairs requests” for “the Administrator requests”. Pub. L. 101–189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration” in two places. Subsec. (d)(2). Pub. L. 101–189, § 1621(a)(1), substituted “Department of Veterans Affairs” for “Veterans’ Administration”.

Statutory Notes and Related Subsidiaries

Deadline for Entry Into Transportation Agreement Pub. L. 100–180, div. A, title XII, § 1250(b), Dec. 4, 1987, 101 Stat. 1168, 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.

§2641 Transportation of certain veterans on Department of Defense aeromedical evacuation aircraft