§ 411f. — Travel and transportation allowances: transportation for survivors of deceased member to attend the member's burial ceremonies.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC411f]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 411f. Travel and transportation allowances: transportation
for survivors of deceased member to attend the member's burial
ceremonies
(a) Allowances Authorized.--(1) The Secretary concerned may provide
round trip travel and transportation allowances to eligible relatives of
a member of the uniformed services who dies while on active duty or
inactive duty in order that the eligible relatives may attend the burial
ceremony of the deceased member.
(2) The Secretary concerned may also provide round trip travel and
transportation allowances to an attendant who accompanies an eligible
relative provided travel and transportation allowances under paragraph
(1) for travel to the burial ceremony if the Secretary concerned
determines that--
(A) the accompanied eligible relative is unable to travel
unattended because of age, physical condition, or other justifiable
reason; and
(B) there is no other eligible relative of the deceased member
traveling to the burial ceremony who is eligible for travel and
transportation allowances under paragraph (1) and is qualified to
serve as the attendant.
(b) Limitations.--(1) Except as provided in paragraphs (2) and (3),
allowances under subsection (a) are limited to travel and transportation
to a location in the United States, Puerto Rico, and the possessions of
the United States and may not exceed the rates for two days and the time
necessary for such travel.
(2) If a deceased member was ordered or called to active duty from a
place outside the United States, Puerto Rico, or the possessions of the
United States, the allowances authorized under subsection (a) may be
provided to and from such place and may not exceed the rates for two
days and the time necessary for such travel.
(3) If a deceased member is interred in a cemetery maintained by the
American Battle Monuments Commission, the travel and transportation
allowances authorized under subsection (a) may be provided to and from
such cemetery and may not exceed the rates for two days and the time
necessary for such travel.
(c) Eligible Relatives.--(1) The following members of the family of
a deceased member of the uniformed services are eligible for the travel
and transportation allowances under subsection (a)(1):
(A) The surviving spouse (including a remarried surviving
spouse) of the deceased member.
(B) The unmarried child or children of the deceased member
referred to in section 401(a)(2) of this title.
(C) If no person described in subparagraph (A) or (B) is
provided travel and transportation allowances under subsection
(a)(1), the parent or parents of the deceased member (as defined in
section 401(b)(2) of this title).
(2) If no person described in paragraph (1) is provided travel and
transportation allowances under subsection (a)(1), the travel and
transportation allowances may be provided to--
(A) the person who directs the disposition of the remains of the
deceased member under section 1482(c) of title 10, or, in the case
of a deceased member whose remains are commingled and buried in a
common grave in a national cemetery, the person who would have been
designated under such section to direct the disposition of the
remains if individual identification had been made; and
(B) up to two additional persons closely related to the deceased
member who are selected by the person referred to in subparagraph
(A).
(d) Expanded Allowances Related to Recovery of Remains From Vietnam
Conflict.--(1) The Secretary of Defense may provide round trip travel
and transportation allowances for the family of a deceased member of the
armed forces who died while classified as a prisoner of war or as
missing in action during the Vietnam conflict and whose remains are
returned to the United States in order that the family members may
attend the burial ceremony of the deceased member.
(2) The allowances under paragraph (1) shall include round trip
transportation from the places of residence of such family members to
the burial ceremony and such living expenses and other allowances as the
Secretary of Defense considers appropriate.
(3) For purposes of paragraph (1), eligible family members of the
deceased member of the armed forces include the following:
(A) The surviving spouse (including a remarried surviving
spouse) of the deceased member.
(B) The child or children, including children described in
section 401(b)(1) of this title, of the deceased member.
(C) The parent or parents of the deceased member (as defined in
section 401(b)(2) of this title).
(D) If no person described in subparagraph (A), (B), or (C) is
provided travel and transportation allowances under paragraph (1),
any brothers, sisters, halfbrothers, halfsisters, stepbrothers, and
stepsisters of the deceased member.
(e) Burial Ceremony Defined.--In this section, the term ``burial
ceremony'' includes the following:
(1) An interment of casketed or cremated remains.
(2) A placement of cremated remains in a columbarium.
(3) A memorial service for which reimbursement is authorized
under section 1482(d)(2) of title 10.
(4) A burial of commingled remains that cannot be individually
identified in a common grave in a national cemetery.
(f) Regulations.--The Secretaries concerned shall prescribe uniform
regulations to carry out this section.
(Added Pub. L. 99-145, title VI, Sec. 620(a)(1), Nov. 8, 1985, 99 Stat.
642; amended Pub. L. 100-456, div. A, title VI, Sec. 632(b), Sept. 29,
1988, 102 Stat. 1986; Pub. L. 103-35, title II, Sec. 204(a)(2), May 31,
1993, 107 Stat. 102; Pub. L. 107-107, div. A, title VI, Sec. 638(a),
Dec. 28, 2001, 115 Stat. 1146.)
Amendments
2001--Pub. L. 107-107 reenacted section catchline without change and
amended text generally. Prior to amendment, text read as follows:
``(a) Under uniform regulations prescribed by the Secretaries
concerned, round trip travel and transportation allowances may be
provided the dependents of a member who dies while on active duty or
inactive duty in order that such dependents may attend the burial
ceremonies of the deceased member.
``(b)(1) Except as provided in paragraph (2), allowances under this
section are limited to travel and transportation to a location in the
United States, Puerto Rico, and the possessions of the United States and
may not exceed the rates for 2 days.
``(2) If a deceased member was ordered or called to active duty from
a place outside the United States, Puerto Rico, or the possessions of
the United States, the allowances authorized under this section may be
provided to and from such place and may be extended to accommodate the
time necessary for such travel.
``(c) In this section, the term `dependents' includes the dependents
specified in paragraphs (1) and (2) of section 401(a) of this title.
However, if no person qualifies under such paragraphs, the parents of a
member (including stepparent or parent by adoption, or any person,
including a former stepparent, who has stood in loco parentis to the
member at any time for a continuous period of at least 5 years before
the member became 21 years of age) may be paid the travel and
transportation allowances authorized under this section.''
1993--Subsec. (c). Pub. L. 103-35 substituted ``section 401(a) of
this title'' for ``section 401 of this title''.
1988--Subsec. (a). Pub. L. 100-456 substituted ``or inactive duty in
order that such dependents may'' for ``for a period of 30 days or more
in order to''.
Effective Date of 2001 Amendment
Pub. L. 107-107, div. A, title VI, Sec. 638(c), Dec. 28, 2001, 115
Stat. 1148, provided that: ``Section 411f of title 37, United States
Code, as amended by subsection (a), shall apply with respect to burial
ceremonies of deceased members of the uniformed services that occur on
or after the date of the enactment of this Act [Dec. 28, 2001].''
Effective Date of 1988 Amendment
Section 632(c) of Pub. L. 100-456 provided that: ``The amendments
made by this section [amending this section and section 411h of this
title] shall take effect on October 1, 1988.''
Effective Date
Section 620(b) of Pub. L. 99-145 provided that: ``The travel and
transportation allowance authorized by the amendments made by this
section [enacting this section] is payable only for travel that
commences after September 30, 1985.''
