118 STAT. 1956 PUBLIC LAW 108–375—OCT. 28, 2004 Subtitle C—Travel and Transportation Allowances SEC. 631. TRAVEL AND TRANSPORTATION ALLOWANCES FOR FAMILY MEMBERS TO ATTEND BURIAL CEREMONY OR MEMORIAL SERVICE OF MEMBER WHO DIES ON DUTY. (a) AUTHORIZED TRAVEL DESTINATIONS.—Subsection (a)(1) of section 411f of title 37, United States Code, is amended by inserting before the period at the end the following: ‘‘at the location deter mined under subsection (a)(8) of section 1482 of title 10 or attend a memorial service for the deceased member, under circumstances covered by subsection (d) of such section’’. (b) LIMITATION ON AMOUNT.—Subsection (b) of such section is amended to read as follows: ‘‘(b) LIMITATION ON AMOUNT.—Allowances for travel under sub section (a) may not exceed the rates for two days and the time necessary for such travel.’’. (c) UNCONDITIONAL ELIGIBILITY OF DECEASED’S PARENTS.—Sub section (c)(1)(C) of such section is amended by striking ‘‘If no person described in subparagraph (A) or (B) is provided travel and transportation allowances under subsection (a)(1), the’’ and inserting ‘‘The’’. SEC. 632. TRANSPORTATION OF FAMILY MEMBERS INCIDENT TO SERIOUS ILLNESS OR INJURY OF MEMBERS OF THE UNI FORMED SERVICES. (a) REMOVAL OF LIMITATION ON NUMBER OF FAMILY MEM BERS.—Subsection (a)(1) of section 411h of title 37, United States Code, is amended— (1) by striking ‘‘two family members’’ and inserting ‘‘three family members’’; and (2) by adding at the end the following new sentence: ‘‘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.’’. (b) AVAILABILITY OF PER DIEM.—Such section is further amended— (1) in subsection (a)(1), by inserting ‘‘travel and’’ before ‘‘transportation’’; and (2) in subsection (c)— (A) by inserting ‘‘(1)’’ after ‘‘(c)’’; and (B) by adding at the end the following new paragraph: ‘‘(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 estab lished under section 404(d) of this title.’’. (c) EFFECTIVE DATE.—Section 411h of title 37, United States Code, as amended by this section, shall apply to travel and transpor tation authorized under such section that is provided on or after October 1, 2004, to family members of a member of the Armed Forces who is ill or injured as described in such section. 37 USC 411h note.
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