Pub. L. 111-84, div. A, tit. VI, subtit. C, sec. 632

TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED INDIVIDUALS OF WOUNDED, ILL, OR INJURED MEMBERS OF THE UNIFORMED SERVICES FOR DURATION OF INPATIENT TREATMENT.

EnactedYear: 2009Length: 1,180 wordsOfficial source
SEC. 632. TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED INDIVIDUALS OF WOUNDED, ILL, OR INJURED MEMBERS OF THE UNIFORMED SERVICES FOR DURATION OF INPATIENT TREATMENT.(a) Authority To Provide Travel to Designated Individuals.—Subsection (a) of section 411h of title 37, United States Code, is amended—(1) in paragraph (1)—(A) by striking “family members of a member described in paragraph (2)” and inserting “individuals who, with respect to a member described in paragraph (2), are designated individuals for that member”;(B) by striking “that the presence of the family member” and inserting “, with respect to any such individual, that the presence of such individual”; and(C) by striking “of family members” and inserting “of designated individuals”; and(2) by adding at the end the following new paragraph:“(4) In the case of a designated individual who is also a member of the uniformed services, that member may be provided travel and transportation under this section in the same manner as a designated individual who is not a member.”.(b) Definition of Designated Individual.—123 STAT. 2360(1) In general.—Paragraph (1) of subsection (b) of such section is amended by striking “the term” and all that follows and inserting “the term ‘designated individual’, with respect to a member, means—“(A) an individual designated by the member for the purposes of this section; or“(B) in the case of a member who has not made a designation under subparagraph (A) and, as determined by the attending physician or surgeon, is not able to make such a designation, an individual who, as designated by the attending physician or surgeon and the commander or head of the military medical facility exercising control over the member, is someone with a personal relationship to the member whose presence may aid and support the health and welfare of the member during the duration of the member’s inpatient treatment.”.(2) Designations not permanent.—Paragraph (2) of such subsection is amended to read as follows:“(2) The designation of an individual as a designated individual for purposes of this section may be changed at any time.”.(c) Coverage of Members Hospitalized Outside the United States Who Were Wounded or Injured in a Combat Operation or Combat Zone.—(1) Coverage for hospitalization outside the united states.—Subparagraph (B) of subsection (a)(2) of such section is amended—(A) in clause (i), by striking “in or outside the United States”; and(B) in clause (ii), by striking “in the United States”.(2) Clarification of members covered.—Such subparagraph is further amended—(A) in clause (i), by inserting “seriously wounded,” after “(i) is”; and(B) in clause (ii)—(i) by striking “an injury” and inserting “a wound or an injury”; and(ii) by striking “that injury” and inserting “that wound or injury”.(d) Coverage of Members With Serious Mental Disorders.—(1) In general.—Subsection (a)(2)(B)(i) of such section, as amended by subsection (c) of this section, is further amended by inserting “(including having a serious mental disorder)” after “seriously injured”.(2) Serious mental disorder defined.—Subsection (b) of such section 411h, as amended by subsection (b) of this section, is further amended by adding at the end the following new paragraph:“(4)(A) In this section, the term ‘serious mental disorder’, in the case of a member, means that the member has been diagnosed with a mental disorder that requires intensive mental health treatment or hospitalization.“(B) The circumstances in which a member shall be considered to have a serious mental disorder for purposes of this section shall include, but not be limited to, the following:“(i) The member is considered to be a potential danger to self or others as a result of a diagnosed mental disorder 123 STAT. 2361 that requires intensive mental health treatment or hospitalization.“(ii) The member is diagnosed with a mental disorder and has psychotic symptoms that require intensive mental health treatment or hospitalization.“(iii) The member is diagnosed with a mental disorder and has severe symptoms or severe impairment in functioning that require intensive mental health treatment or hospitalization.”.(e) Frequency of Authorized Travel.—Paragraph (3) of subsection (a) of such section 411h is amended to read as follows:“(3) Not more than a total of three roundtrips may be provided under paragraph (1) in any 60-day period at Government expense to the individuals who, with respect to a member, are the designated individuals of that member in effect during that period. However, if the Secretary concerned has granted a waiver under the second sentence of paragraph (1) with respect to a member, then for any 60-day period in which the waiver is in effect the limitation in the preceding sentence shall be adjusted accordingly. In addition, during any period during which there is in effect a non-medical attendant designation for a member under section 411k of this title, not more than a total of two roundtrips may be provided under paragraph (1) in any 60-day period at Government expense until there no longer is a designation of a non-medical attendant or that designation transfers to another individual, in which case during the transfer period three roundtrips may be provided.”.(f) Stylistic and Conforming Amendments.—Such section is further amended—(1) in subsection (a), by striking “(a)(1)” and inserting “(a) Travel and Transportation Authorized.—(1)”;(2) in subsection (b)—(A) by striking “(b)(1)” and inserting “(b) Definitions.—(1)”; and(B) in paragraph (3)—(i) by inserting “(A)” after “(3)”; and(ii) by adding at the end the following new subparagraph:“(B) In this paragraph, the term ‘family member’, with respect to a member, means the following:“(i) The member’s spouse.“(ii) Children of the member (including stepchildren, adopted children, and illegitimate children).“(iii) Parents of the member or persons in loco parentis to the member, including 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, except that only one father and one mother or their counterparts in loco parentis may be recognized in any one case.“(iv) Siblings of the member.“(v) A person related to the member as described in clause (i), (ii), (iii), or (iv) who is also a member of the uniformed services.”;(3) in subsection (c)—(A) by striking “(c)(1)” and inserting “(c) Round Trip Transportation and Per Diem Allowance.—(1)”; and123 STAT. 2362(B) in paragraph (1), by striking “family member” and inserting “designated individual”; and(4) in subsection (d), by striking “(d)(1)” and inserting “(d) Method of Transportation Authorized.—(1)”.(g) Clerical Amendments.—(1) Section heading.—The heading of such section is amended to read as follows:“§ 411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury” .(2) Table of sections.—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: “411h. Travel and transportation allowances: transportation of designated individuals incident to hospitalization of members for treatment of wounds, illness, or injury.”. (h) Conforming Amendment to Wounded Warrior Act.—Section 1602(4) of the Wounded Warrior Act (10 U.S.C. 1071 note) is amended by striking “411h(b)(1)” and inserting “411h(b)(3)(B)”.(i) Applicability of Amendments.—No reimbursement may be provided under section 411h of title 37, United States Code, by reason of the amendments made by this section for travel and transportation costs incurred before the date of the enactment of this Act.
Pub. L. 111-84, div. A, tit. VI, subtit. C, sec. 632: TRAVEL AND TRANSPORTATION ALLOWANCES FOR DESIGNATED INDIVIDUALS OF WOUNDED, ILL, OR INJURED MEMBERS OF THE UNIFORMED SERVICES FOR DURATION OF INPATIENT TREATMENT. | Justis AI