Source
(Added Pub. L. 100–180, div. A, title VI, § 615(a)(1), Dec. 4, 1987, 101 Stat. 1095; amended Pub. L. 100–456, div. A, title VI, § 632(a), Sept. 29, 1988, 102 Stat. 1985; Pub. L. 103–337, div. A, title VI, § 624, Oct. 5, 1994, 108 Stat. 2785; Pub. L. 108–136, div. A, title VI, § 632, Nov. 24, 2003, 117 Stat. 1508; Pub. L. 108–375, div. A, title VI, § 632(a), (b), Oct. 28, 2004, 118 Stat. 1956; Pub. L. 109–13, div. A, title I, § 1026(a), (b)(1), May 11, 2005, 119 Stat. 254; Pub. L. 109–163, div. A, title VI, § 655(b), Jan. 6, 2006, 119 Stat. 3314; Pub. L. 109–364, div. A, title VI, § 631, Oct. 17, 2006, 120 Stat. 2258.)
Amendments
2006—Subsec. (a)(2)(B)(ii).
Pub. L. 109–163 struck out “under section
1967
(e)(1)(A) of title
38” after “Secretary of Defense”.
Subsec. (b)(1)(E).
Pub. L. 109–364 added subpar. (E).
2005—
Pub. L. 109–13, § 1026(b)(1), amended section catchline generally. Prior to amendment, catchline read as follows: “Travel and transportation allowances: transportation of family members incident to the serious illness or injury of members”.
Subsec. (a)(2)(B), (C).
Pub. L. 109–13, § 1026(a)(1)(B), added subpar. (B) and struck out former subpars. (B) and (C) which read as follows:
“(B) is seriously ill, seriously injured, or in a situation of imminent death, whether or not electrical brain activity still exists or brain death is declared; and
“(C) is hospitalized in a medical facility in or outside the United States.”
Subsec. (a)(3).
Pub. L. 109–13, § 1026(a)(2), added par. (3).
2004—Subsec. (a)(1).
Pub. L. 108–375, § 632(a), (b)(1), inserted “travel and” before “transportation”, substituted “three family members” for “two family members”, and inserted second sentence.
Subsec. (c).
Pub. L. 108–375, § 632(b)(2), designated existing provisions as par. (1) and added par. (2).
2003—Subsec. (a)(1).
Pub. L. 108–136, § 632(1), substituted “control” for “military control”.
Subsec. (a)(2)(A).
Pub. L. 108–136, § 632(2), substituted “, is entitled” for “or is entitled” and inserted before semicolon at end “, or is retired for the illness or injury referred to in subparagraph (B)”.
1994—Subsec. (a)(1).
Pub. L. 103–337, § 624(a)(1), substituted “may contribute to” for “is necessary for”.
Subsec. (a)(2)(B).
Pub. L. 103–337, § 624(a)(2), added subpar. (B) and struck out former subpar. (B) which read as follows: “is seriously ill or seriously injured; and”.
Subsec. (b)(3).
Pub. L. 103–337, § 624(b), added par. (3).
1988—Subsec. (a)(2).
Pub. L. 100–456 amended par. (2) generally, inserting “or is entitled to pay and allowances under section
204
(g) of this title (or would be so entitled were it not for offsetting earned income described in that section)” in subpar. (A).
Effective Date of 2006 Amendment
Pub. L. 109–163, div. A, title VI, § 655(c), Jan. 6, 2006,
119 Stat. 3314, provided that: “The amendments made by this section [amending this section and repealing provisions set out as notes under this section] shall take effect on the earlier of the following:
“(1) The date of the enactment of this Act [Jan. 6, 2006].
“(2) The date specified in section 106(3) of Public Law 109–77 (
119 Stat. 2039) [Dec. 31, 2005].”
Effective and Termination Dates of 2005 Amendments
Pub. L. 109–77, § 115, Sept. 30, 2005,
119 Stat. 2040, provided that: “The provisions of, and amendments made by, sections 1011, 1012, 1013, 1023, and 1026 of Public Law 109–13 [amending this section, section
1478 of Title
10, Armed Forces, and sections
1967,
1969,
1970, and
1977 of Title
38, Veterans’ Benefits, and enacting provisions set out as notes under this section, section
1478 of Title
10, and section
1967 of Title
38] shall continue in effect, notwithstanding the fiscal year limitation in section
1011 [
119 Stat. 244] and the provisions of sections 1012(i), 1013(e), 1023(c), and 1026(e) of that Public Law [enacting provisions set out as notes under this section, section
1478 of Title
10, and section
1967 of Title
38], through the earlier of: (1) the date specified in section 106(3) of this joint resolution [Dec. 31, 2005]; or (2) with respect to any such section of Public Law 109–13, the date of the enactment into law of legislation that supersedes the provisions of, or the amendments made by, that section.”
Pub. L. 109–13, div. A, title I, § 1026(e), May 11, 2005,
119 Stat. 255, which provided that the amendments made by section 1026 of
Pub. L. 109–13 (amending this section) were to terminate Sept. 30, 2005, and that effective Oct. 1, 2005, the provisions of section
411h of title
37 as in effect on the date before the date of the enactment of this Act (May 11, 2005) were to be revived, was repealed by
Pub. L. 109–163, div. A, title VI, § 655(a), Jan. 6, 2006,
119 Stat. 3314. See Effective Date of 2006 Amendment note and section 115 of
Pub. L. 109–77 set out above.
Effective Date of 2004 Amendment
Pub. L. 108–375, div. A, title VI, § 632(c), Oct. 28, 2004,
118 Stat. 1956, provided that: “Section
411h of title
37, United States Code, as amended by this section, shall apply to travel and transportation 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.”
Effective Date of 1988 Amendment
Amendment by
Pub. L. 100–456 effective Oct. 1, 1988, see section 632(c) of
Pub. L. 100–456, set out as a note under section
411f of this title.
Effective Date
Section 615(b) of
Pub. L. 100–180 provided that: “The authority to provide transportation or to pay transportation expenses under section
411h of title
37, United States Code, as added by subsection (a), shall be effective only with respect to travel that occurs on or after the effective date of regulations prescribed under such section.”
Report on Travel in Excess of Certain Limit
Pub. L. 109–13, div. A, title I, § 1026(d), May 11, 2005,
119 Stat. 255, which provided that if in any fiscal year the amount of travel provided in such fiscal year under this section by reason of the amendments made by section 1026 of
Pub. L. 109–13 exceeded $20,000,000, the Secretary of Defense was to submit to the congressional defense committees a report on that fact, was repealed by
Pub. L. 109–163, div. A, title VI, § 655(a), Jan. 6, 2006,
119 Stat. 3314.