II 

109TH CONGRESS 

1ST SESSION S. 782

To amend title 37, United States Code, to authorize travel and transportation 

for family members of members of the Armed Forces hospitalized in 

the United States in connection with non-serious illnesses or injuries 

incurred or aggravated in a contingency operation, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

APRIL 14, 2005

Mr. FEINGOLD introduced the following bill; which was read twice and referred to the Committee on Armed Services 

A BILL

To amend title 37, United States Code, to authorize travel 

and transportation for family members of members of 

the Armed Forces hospitalized in the United States in 

connection with non-serious illnesses or injuries incurred 

or aggravated in a contingency operation, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SECTION 1. TRAVEL AND TRANSPORTATION FOR FAMILY 

2 OF MEMBERS OF THE ARMED FORCES HOS3 PITALIZED IN THE UNITED STATES IN CON4 NECTION WITH NON-SERIOUS ILLNESSES OR 

5 INJURIES INCURRED OR AGGRAVATED IN A 

6 CONTINGENCY OPERATION. 

7 (a) AUTHORITY.—Subsection (a) of section 411h of 

8 title 37, United States Code, is amended—

9 (1) in paragraph (2)—

10 (A) by inserting ‘‘and’’ at the end of sub11 paragraph (A); and 

12 (B) by striking subparagraphs (B) and (C) 

13 and inserting the following new subparagraph: 

14 ‘‘(B) either—

15 ‘‘(i) is seriously ill, seriously injured, or in 

16 a situation of imminent death (whether or not 

17 electrical brain activity still exists or brain 

18 death is declared), and is hospitalized in a med19 ical facility in or outside the United States; or 

20 ‘‘(ii) is not described in clause (i), but has 

21 an illness or injury incurred or aggravated in a 

22 contingency operation and is hospitalized in a 

23 medical facility in the United States for treat24 ment of that condition.’’; and 

25 (2) by adding at the end the following new 

26 paragraph: 
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1 ‘‘(3) Not more than one roundtrip may be provided 

2 to a family member under paragraph (1) on the basis of 

3 clause (ii) of paragraph (2)(B).’’. 

4 (b) CONFORMING AMENDMENTS.—

5 (1) HEADING FOR AMENDED SECTION.—The 

6 heading for section 411h of such title is amended to 

7 read as follows: 

8 ‘‘§ 411h. Travel and transportation allowances: trans9 portation of family members incident to 

10 illness or injury of members’’. 

11 (2) CLERICAL AMENDMENT.—The item relating 

12 to such section in the table of sections at the begin13 ning of chapter 7 of such title is amended to read 

14 as follows:

‘‘411h. Travel and transportation allowances: transportation of family members 

incident to illness or injury of members.’’.

15 (c) FUNDING.—Funds for the provision of transpor16 tation under section 411h of title 37, United States Code, 

17 by reason of the amendments made by this section may 

18 be derived by the Secretary as follows: 

19 (1) In the case of transportation provided by 

20 the Department of the Army, from amounts author21 ized for the Military Personnel, Army account. 

22 (2) In the case of transportation provided by 

23 the Department of the Navy, from amounts author-
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1 ized for the Operation and Maintenance, Navy ac2 count. 

3 (3) In the case of transportation provided by 

4 the Department of the Air Force, from amounts au5 thorized for the Operation and Maintenance, Air 

6 Force account. 

7 (d) REPORT ON TRANSPORTATION IN EXCESS OF

8 CERTAIN LIMIT.—If in any fiscal year the amount of 

9 transportation provided in such fiscal year under section 

10 411h of title 37, United States Code, by reason of the 

11 amendments made by this section exceeds $20,000,000, 

12 the Secretary of Defense shall submit to the congressional 

13 defense committees a report on that fact, including the 

14 total amount of transportation provided in such fiscal year 

15 under such section 411h by reason of the amendments 

16 made by this section.

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