Laws: Cases and Codes : U.S. Code : Title 37 : Section 411f


   
U.S. Code as of: 01/19/04
Section 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.



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