§ 411h. — Travel and transportation allowances: transportation of family members incident to the serious illness or injury of members.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 37USC411h]
TITLE 37--PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 7--ALLOWANCES
Sec. 411h. Travel and transportation allowances: transportation
of family members incident to the serious illness or injury of
members
(a)(1) Under uniform regulations prescribed by the Secretaries
concerned, transportation described in subsection (c) may be provided
for not more than two family members of a member described in paragraph
(2) if the attending physician or surgeon and the commander or head of
the military medical facility exercising control over the member
determine that the presence of the family member may contribute to the
member's health and welfare.
(2) A member referred to in paragraph (1) is a member of the
uniformed services who--
(A) is serving on active duty, is entitled to pay and allowances
under section 204(g) of this title (or would be so entitled were it
not for offsetting earned income described in that section), or is
retired for the illness or injury referred to in subparagraph (B);
(B) is seriously ill, seriously injured, or in a situation of
imminent death, whether or not electrical brain activity still
exists or brain death is declared; and
(C) is hospitalized in a medical facility in or outside the
United States.
(b)(1) In this section, the term ``family member'', with respect to
a member, means--
(A) the member's spouse;
(B) children of the member (including stepchildren, adopted
children, and illegitimate children);
(C) parents of the member or persons in loco parentis to the
member, as provided in paragraph (2); and
(D) siblings of the member.
(2) Parents of a member or persons in loco parentis to a member
include fathers and mothers through adoption and persons who stood in
loco parentis to the member for a period not less than one year
immediately before the member entered the uniformed service. However,
only one father and one mother or their counterparts in loco parentis
may be recognized in any one case.
(3) In this section, the term ``health and welfare'', with respect
to a member, includes a situation in which a decision must be made by
family members regarding the termination of artificial life support
being provided to the member.
(c) The transportation authorized by subsection (a) is round-trip
transportation between the home of the family member and the location of
the medical facility in which the member is hospitalized.
(d)(1) The transportation authorized by subsection (a) may be
provided by any of the following means:
(A) Transportation in-kind.
(B) A monetary allowance in place of transportation in-kind at a
rate to be prescribed by the Secretaries concerned.
(C) Reimbursement for the commercial cost of transportation.
(2) An allowance payable under this subsection may be paid in
advance.
(3) Reimbursement payable under this subsection may not exceed the
cost of government-procured commercial round-trip air travel.
(Added Pub. L. 100-180, div. A, title VI, Sec. 615(a)(1), Dec. 4, 1987,
101 Stat. 1095; amended Pub. L. 100-456, div. A, title VI, Sec. 632(a),
Sept. 29, 1988, 102 Stat. 1985; Pub. L. 103-337, div. A, title VI,
Sec. 624, Oct. 5, 1994, 108 Stat. 2785; Pub. L. 108-136, div. A, title
VI, Sec. 632, Nov. 24, 2003, 117 Stat. 1508.)
Amendments
2003--Subsec. (a)(1). Pub. L. 108-136, Sec. 632(1), substituted
``control'' for ``military control''.
Subsec. (a)(2)(A). Pub. L. 108-136, Sec. 632(2), substituted ``, is
entitled'' for ``or is entitled'' and inserted before semicolon at end
``, or is retired for the illness or injury referred to in subparagraph
(B)''.
1994--Subsec. (a)(1). Pub. L. 103-337, Sec. 624(a)(1), substituted
``may contribute to'' for ``is necessary for''.
Subsec. (a)(2)(B). Pub. L. 103-337, Sec. 624(a)(2), added subpar.
(B) and struck out former subpar. (B) which read as follows: ``is
seriously ill or seriously injured; and''.
Subsec. (b)(3). Pub. L. 103-337, Sec. 624(b), added par. (3).
1988--Subsec. (a)(2). Pub. L. 100-456 amended par. (2) generally,
inserting ``or is entitled to pay and allowances under section 204(g) of
this title (or would be so entitled were it not for offsetting earned
income described in that section)'' in subpar. (A).
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-456 effective Oct. 1, 1988, see section
632(c) of Pub. L. 100-456, set out as a note under section 411f of this
title.
Effective Date
Section 615(b) of Pub. L. 100-180 provided that: ``The authority to
provide transportation or to pay transportation expenses under section
411h of title 37, United States Code, as added by subsection (a), shall
be effective only with respect to travel that occurs on or after the
effective date of regulations prescribed under such section.''
