37 USC § 481k - Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured

(a) Allowance for Non-medical Attendant.— Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (d) may be provided for a qualified non-medical attendant for a covered member of the uniformed services described in subsection (c) 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 such an attendant may contribute to the member’s health and welfare.

(b) Qualified Non-medical Attendant.— For purposes of this section, a qualified non-medical attendant, with respect to a covered member, is an individual who—

(1) is designated by the member to be a non-medical attendant for the member for purposes of this section; and

(2) is determined by the attending physician or surgeon and the commander or head of the military medical facility to be appropriate to serve as a non-medical attendant for the member and whose presence may contribute to the health and welfare of the member.

(c) Covered Members.— A member of the uniformed services covered by this section is a member who—

(1) as a result of a wound, illness, or injury, has been determined by the attending physician or surgeon to be in the category known as “very seriously wounded, ill, or injured” or “seriously wounded, ill, or injured”; and

(2) is hospitalized for treatment of the wound, illness, or injury or requires continuing outpatient treatment for the wound, illness, or injury.

(d) Authorized Travel and Transportation.—

(1) The transportation authorized by subsection (a) for a qualified non-medical attendant for a member is round-trip transportation between the home of the attendant and the location at which the member is receiving treatment and may include transportation, while accompanying the member, to any other location to which the member is subsequently transferred for further treatment. A designated non-medical attendant under this section may not also be a designated individual for travel and transportation allowances under section 481h (a) of this title.

(2) The transportation authorized by subsection (a) includes any travel necessary to obtain treatment for the member at the location to which the member is permanently assigned.

(3) 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 474 (d) of this title.

(4) 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.

(5) An allowance payable under this subsection may be paid in advance.

(6) Reimbursement payable under this subsection may not exceed the cost of Government-procured commercial round-trip air travel.

(e) Termination.— No transportation, allowance, reimbursement, or per diem may be provided under this section for travel that begins after the travel authorities transition expiration date.

Source

(Added Pub. L. 111–84, div. A, title VI, § 633(a)(1),Oct. 28, 2009, 123 Stat. 2362, § 411k; amended Pub. L. 111–383, div. A, title X, § 1075(c)(4),Jan. 7, 2011, 124 Stat. 4372; renumbered § 481k and amended Pub. L. 112–81, div. A, title VI, § 631(d)(2), (e)(24), (f)(4)(A),Dec. 31, 2011, 125 Stat. 1460, 1463, 1465.)

Codification

Section 631(f)(4)(A) ofPub. L. 112–81, which directed that this title be amended by conforming any references to sections of this title which were transferred and redesignated by “subsection (c)” of section 631, was executed by conforming the references to those sections as transferred and redesignated by subsection (d) ofsection 631, to reflect the probable intent of Congress.

Amendments

2011—Pub. L. 112–81, § 631(f)(4)(A), substituted “481h” for “411h” in subsec. (d)(1) and “474” for “404” in subsec. (d)(3). See Codification note above.

Pub. L. 112–81, § 631(d)(2), renumbered section 411k of this title as this section.

Subsec. (d)(1). Pub. L. 111–383substituted “allowances under section” for “allowances section”.

Subsec. (e). Pub. L. 112–81, § 631(e)(24), added subsec. (e).

Effective Date

Pub. L. 111–84, div. A, title VI, § 633(b),Oct. 28, 2009, 123 Stat. 2363, as amended by Pub. L. 112–81, div. A, title VI, § 631(f)(4)(B),Dec. 31, 2011, 125 Stat. 1465, provided that: “No reimbursement may be provided under section 481k of title 37, United States Code, as added by subsection (a), for travel and transportation costs incurred before the date of the enactment of this Act [Oct. 28, 2009].”

[Amendment by Pub. L. 112–81to section 633(b) ofPub. L. 111–84, set out above, was executed to reflect the probable intent of Congress, notwithstanding an error in the directory language.]