37 U.S.C. § 411h : US Code - Section 411H: Travel and transportation allowances: transportation of family members incident to illness or injury of members

Search 37 U.S.C. § 411h : US Code - Section 411H: Travel and transportation allowances: transportation of family members incident to illness or injury of members

(a)(1) Under uniform regulations prescribed by the Secretaries
concerned, travel and transportation described in subsection (c)
may be provided for not more than three 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. In circumstances determined to be appropriate by the
Secretary concerned, the Secretary may waive the limitation on the
number of family members provided travel and transportation under
this section.
(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); and
(B) either -
(i) 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 is hospitalized in a
medical facility in or outside the United States; or
(ii) is not described in clause (i), but has an injury
incurred in an operation or area designated as a combat
operation or combat zone, respectively, by the Secretary of
Defense and is hospitalized in a medical facility in the United
States for treatment of that injury.
(3) Not more than one roundtrip may be provided to a family
member under paragraph (1) on the basis of clause (ii) of paragraph
(2)(B).
(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)(1) 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.
(2) In addition to the transportation authorized by subsection
(a), the Secretary concerned may provide a per diem allowance or
reimbursement for the actual and necessary expenses of the travel,
or a combination thereof, but not to exceed the rates established
under section 404(d) of this title.
(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.