Gunner's Blog

Both the U.S. House and the U.S. Senate last weekend approved the final conference report on the Defense Authorization Act which includes language requiring the Secretary of Defense to open a single office in the Pentagon to coordinate and receive donated travel benefits for soldiers, sailors, airmen and marines deployed overseas or wounded in action.  We are very pleased that the response by the American public last fall to "Operation Hero Miles" has resulted in this achievement. 

President Bush is expected to sign the bill into law in a matter of days.

For those who have closely followed this effort, we have pasted below the language of the new law.  It was modified from the original draft to permit the use of the tickets by clergy members and others close to soldiers and their families.  Earlier language that might have conflicted with internal rules and regulations of carriers was removed and replaced with language which makes it clear that users of free travel donated to "Hero Miles" must abide by the rules of the carriers supplying the travel.  The law also allows DoD to enter into agreements with non-profit organizations such as Fisher House to assist in the administration of the program.

Thank you to all who have made this possible.  Congressman Ruppersberger looks forward to an easy transition to Department of Defense management of this program, and our office will continue to assist folks with any questions.  Early next year, the DoD should publish draft regulations implementing this program.

We hope the support of this effort grows and contributes to the morale and welfare or our men and women in uniform and their families.

 

SEC. 585. AUTHORITY TO ACCEPT DONATION OF FREQUENT TRAVELER MILES, CREDITS, AND TICKETS TO FACILITATE REST AND RECUPERATION TRAVEL OF DEPLOYED MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES.

(a) OPERATION HERO MILES.-(1) Chapter 155 of 8 title 10, United States Code, is amended by adding at the end the following new section:

''§ 2613. Acceptance of frequent traveler miles, credits, and tickets; use to facilitate rest and recuperation travel of deployed members and their families

(a) AUTHORITY TO ACCEPT DONATION OF TRAVEL BENEFITS.-Subject to subsection (c), the Secretary of Defense may accept from any person or government agency the donation of travel benefits for the purposes of use under subsection (d).

(b) TRAVEL BENEFIT DEFINED.-In the section, the term 'travel benefit' means frequent traveler miles, credits for tickets, or tickets for air or surface transportation issued by an air carrier or a surface carrier, respectively, that serves the public.

(c) CONDITION ON AUTHORITY TO ACCEPT DONATION.-The Secretary may accept a donation of a travel benefit under this section only if the air or surface carrier that is the source of the benefit consents to such donation.  Any such donation shall be under such terms and conditions as the surface carrier may specify, and the travel benefit so donated may be used only in accordance with the rules established by the carrier.

(d) USE OF DONATED TRAVEL BENEFITS.-A travel benefit accepted under this section may be used only for the purpose of-

''(1) facilitating the travel of a member of the armed forces who-

(A) is deployed on active duty outside the United States away from the permanent duty station of the member in support of a contingency operation; and

(B) is granted, during such deployment, rest and recuperative leave, emergency leave, convalescent leave, or another form of leave authorized for the member; or

(2) in the case of a member of the armed forces recuperating from an injury or illness incurred or aggravated in the line of duty during such a deployment, facilitating the travel of family members of the member in order to be reunited with the member.

(e) ADMINISTRATION.-

(1) The Secretary shall designate a single office in the Department of Defense to carry out this section. That office shall develop rules and procedures to facilitate the acceptance and distribution of travel benefits under this section.

(2) For the use of travel benefits under subsection (d)(2) by family members of a member of the armed forces, the Secretary may, as the Secretary determines appropriate, limit-

(A) eligibility to family members who, by reason of affinity, degree of consanguinity, or otherwise, are sufficiently close in relationship to the member of the armed forces to justify the travel assistance;

(B) the number of family members who may travel; and

(C) the number of trips that family members may take.

 

(3) The Secretary of Defense may, in an exceptional case, authorize a person not described in subsection (d)(2) to use a travel benefit accepted under this subsection to visit a member of the armed forces described in subsection (d)(1) if that person has a notably close relationship with the member. The travel benefit may be used by such person only in accordance with such conditions and restrictions as the Secretary determines appropriate and the rules established by the air carrier or surface carrier that is the source of the travel benefit.

(f) SERVICES OF NONPROFIT ORGANIZATION.-The Secretary of Defense may enter into an agreement with a nonprofit organization to use the services of the organization-

(1) to promote the donation of travel benefits under this section, except that amounts appropriated to the Department of Defense may not be expended for this purpose; and

(2) to assist in administering the collection, distribution, and use of travel benefits under this section.

(g) FAMILY MEMBER DEFINED.-In this section, the term 'family member' has the meaning given that term in section 411h(b)(1) of title 37.''.

 

(2) The table of sections at the beginning of such chapter is amended by adding at the end the following 21 new item: 22

''2613. Acceptance of frequent traveler miles, credits, and tickets; use to facilitate rest and recuperation travel of deployed members and their families.''.

 

(b) TAX TREATMENT OF TRAVEL BENEFITS DONATED FOR OPERATION HERO MILES.

(1) EXCLUSION FROM GROSS INCOME.-Sub- 1 section (b) of section 134 of the Internal Revenue Code of 1986 (defining qualified military benefit) is amended by adding at the end the following new paragraph:

(5) TRAVEL BENEFITS UNDER OPERATION

HERO MILES.-The term 'qualified military benefit' includes a travel benefit provided under section 2613 of title 10, United States Code (as in effect on the date of the enactment of this paragraph).''

(2) CONFORMING AMENDMENTS.-

(A) Section 134(b)(3)(A) of such Code is 12amended by striking ''paragraph (4)'' and inserting ''paragraphs (4) and (5)''.

(B) Section 3121(a)(18) of such Code is amended by striking ''or 134(b)(4)'' and inserting ''134(b)(4), or 134(b)(5)''.

(C) Section 3306(b)(13) of such Code is 18 amended by striking ''or 134(b)(4)'' and inserting ''134(b)(4), or 134(b)(5)''.

(D) Section 3401(a)(18) of such Code is amended by striking ''or 134(b)(4)'' and inserting ''134(b)(4), or 134(b)(5)''

(3) EFFECTIVE DATE.-The amendments made by this subsection shall apply to travel benefits provided after the date of the enactment of this Act.