[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4243 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4243

To amend title 10, United States Code, to lift certain restrictions on 
   gifts to members of the Armed Forces being treated for illness or 
                    injury incurred on active duty.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 7, 2005

Mr. Emanuel (for himself, Mr. Evans, and Mr. Gutierrez) introduced the 
 following bill; which was referred to the Committee on Armed Services

_______________________________________________________________________

                                 A BILL


 
To amend title 10, United States Code, to lift certain restrictions on 
   gifts to members of the Armed Forces being treated for illness or 
                    injury incurred on active duty.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Wounded Heroes Gift Fairness Act''.

SEC. 2. CLARIFICATION OF AUTHORITY FOR MEMBERS OF THE ARMED FORCES 
              BEING TREATED FOR ILLNESS OR INJURY INCURRED ON ACTIVE 
              DUTY TO ACCEPT GIFTS FROM CERTAIN SOURCES.

    (a) In General.--
            (1) Acceptance of gifts from nonprofits and government 
        agencies.--Chapter 155 of title 10, United States Code, is 
        amended by adding at the end the following new section:
``Sec. 2615. Members being treated for illness or injury: authority to 
              accept gifts from certain sources
    ``(a) Authority.--Subject to regulations prescribed under 
subsection (b), a member of the armed forces who receives treatment at 
a military treatment facility for an injury or illness sustained while 
on active duty, and the family members of such a member, may accept a 
gift described in subsection (b) (notwithstanding any otherwise 
applicable law or regulation restricting the acceptance of gifts) if 
the gift is provided during the time period during which the member 
receives such treatment or within 30 days after the conclusion of such 
treatment.
    ``(b) Covered Gifts.--This section applies to a gift received from 
a 501(c)(3) organization or a Federal department or agency or any 
element of State or local government.
    ``(c) Regulations.--The Secretary of Defense shall prescribe 
regulations to carry out this section.
    ``(d) Definition.--In this section, the term `501(c)(3) 
organization' means an organization described in section 501(c)(3) of 
the Internal Revenue Code of 1986 and exempt from tax under section 
501(a) of such Code.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter is amended by adding at the end the 
        following new item:

``2615.  Members being treated for illness or injury: authority to 
                            accept gifts from certain sources.''.
    (b) Effective Date.--Regulations under section 2615 of title 10, 
United States Code, as added by subsection (a), shall be prescribed not 
later than 30 days after the date of the enactment of this Act.
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