(a)
(1) Under uniform regulations prescribed by the Secretaries concerned, travel and transportation described in subsection (c) may be provided for not more than three 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 control over the member determine that the presence of the family member may contribute to the members health and welfare. 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.
(2) A member referred to in paragraph (1) is a member of the uniformed services who
(A) is serving on active duty, 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), or is retired for the illness or injury referred to in subparagraph (B); and
(B) either
(i) 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 is hospitalized in a medical facility in or outside the United States; or
(ii) is not described in clause (i), but has an injury incurred in an operation or area designated as a combat operation or combat zone, respectively, by the Secretary of Defense and is hospitalized in a medical facility in the United States for treatment of that injury.
(3) Not more than one roundtrip may be provided to a family member under paragraph (1) on the basis of clause (ii) of paragraph (2)(B).
(b)
(1) In this section, the term family member, with respect to a member, means
(A) the members 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);
(D) siblings of the member; and
(E) a person related to the member as described in subparagraph (A), (B), (C), or (D) who is also a member of the uniformed services.
(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.
(3) In this section, the term health and welfare, with respect to a member, includes a situation in which a decision must be made by family members regarding the termination of artificial life support being provided to the member.
(c)
(1) The transportation authorized by subsection (a) is round-trip transportation between the home of the family member and the location of the medical facility in which the member is hospitalized.
(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 established under section
404 (d) of this title.
(d)
(1) The transportation authorized by subsection (a) may be provided by any of the following means:
(A) Transportation in-kind.
(B) A monetary allowance in place of transportation in-kind at a rate to be prescribed by the Secretaries concerned.
(C) Reimbursement for the commercial cost of transportation.
(2) An allowance payable under this subsection may be paid in advance.
(3) Reimbursement payable under this subsection may not exceed the cost of government-procured commercial round-trip air travel.
