2020 US Code
Title 37 - Pay and Allowances of the Uniformed Services
Chapter 8 - Travel and Transportation Allowances
Subchapter III - Travel and Transportation Authorities-Old Law
Sec. 481k - Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured

Download PDF
Citation 37 U.S.C. § 481k (2020)
Section Name §481k. Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured
Section Text

(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 Credit

(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; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948.)


Editorial Notes EDITORIAL NOTES AMENDMENTS

2013—Pub. L. 112–239, §1076(a)(9), made technical amendment to directory language of Pub. L. 112–81, §631(f)(4)(A). See 2011 Amendment note below.

2011—Pub. L. 112–81, §631(f)(4)(A), as amended by Pub. L. 112–239, §1076(a)(9), substituted "481h" for "411h" in subsec. (d)(1) and "474" for "404" in subsec. (d)(3).

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

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

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


STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATE OF 2013 AMENDMENT

Pub. L. 112–239, div. A, title X, §1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(9) is effective Dec. 31, 2011, and as if included in Pub. L. 112–81 as enacted.

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; Pub. L. 112–239, div. A, title X, §1076(a)(9), Jan. 2, 2013, 126 Stat. 1948, 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]."

Publication Title United States Code, 2018 Edition, Supplement 2, Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 37 - PAY AND ALLOWANCES OF THE UNIFORMED SERVICES
CHAPTER 8 - TRAVEL AND TRANSPORTATION ALLOWANCES
SUBCHAPTER III - TRAVEL AND TRANSPORTATION AUTHORITIES-OLD LAW
Sec. 481k - Travel and transportation allowances: non-medical attendants for members who are determined to be very seriously or seriously wounded, ill, or injured
Contains section 481k
Date 2020
Laws In Effect As Of Date January 13, 2021
Positive Law Yes
Disposition standard
Statutes at Large References 123 Stat. 2362, 2363
124 Stat. 4372
125 Stat. 1460, 1465
126 Stat. 1948, 1947
Public Law References Public Law 111-84, Public Law 111-383, Public Law 112-81, Public Law 112-239
Disclaimer: These codes may not be the most recent version. United States may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.