Page:United States Statutes at Large Volume 101 Part 2.djvu/109

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 1 0 0 - 1 8 0 - D E C. 4, 1987

101 STAT. 1095

(d) CLARIFICATION OF TYPE OF LEAVE FOR WHICH CERTAIN TRANSPORTATION ALLOWANCE IS GRANTED.—(1) Subsection (a)(2) of

section 411b of such title is amended by striking out "the first time the member is granted leave." and inserting in lieu thereof the following: "the time the member is first granted leave— "(A) which is to be taken away from the member's permanent duty station; and "(B) for which a travel and transportation allowance is not otherwise authorized.". (2) The heading of such section is amended to read as follows:

37 USC 4iib.

"§ 411b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours". (3) The item relating to such section in the table of sections at the beginning of chapter 7 of such title is amended to read as follows: "411b. Travel and transportation allowances: travel performed in connection with leave between consecutive overseas tours.". SEC. 615. TRANSPORTATION OF FAMILY MEMBERS OF SERIOUSLY ILL OR INJURED MEMBER

, „ • ^ ' * ^;!;

(a) IN GENERAL.—(1) Chapter 7 of title 37, United States Code, is amended by inserting after section 411g, as added by section 614, the following new section:

  • '§ 411h. Travel and transportation allowances: transportation of

family members incident to the serious illness or iivjury of members "(a)(1) Under uniform regulations prescribed by the Secretaries concerned, transportation described in subsection (c) may be provided for not more than two 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 military control over the member determine that the presence of the family member is necessary for the member's health and welfare. "(2) A member referred to in paragraph (1) is a member of the uniformed services who— "(A) is serving on active duty; "(B) is seriously ill or seriously injured; and "(C) is hospitalized in a medical facility in or outside the United States. "(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.

37 USC 4iih.