To expand the provision authorizing special compensation for members of the uniformed services with certain injuries or illnesses incurred in the line of duty.

1. Rewrites section 617

   Replaces

   In S. 1390 · Placed on Calendar Senate

   SEC. 617. SPECIAL COMPENSATION FOR MEMBERS OF THE UNIFORMED SERVICES WITH [struck: COMBAT-RELATED CATASTROPHIC ][inserted: SERIOUS ]INJURIES OR ILLNESSES REQUIRING ASSISTANCE IN EVERYDAY LIVING.

   (a) In General.--Chapter 7 of title 37, United States Code, is amended by adding at the end the following new section:

   "Sec. 439. Special compensation: members of the uniformed services with [struck: combat-related catastrophic ][inserted: serious ]injuries or illnesses requiring assistance in everyday living

   "(a) Monthly Compensation.--The Secretary concerned may pay to any member of the uniformed services described in subsection (b) monthly special compensation in an amount determined under subsection (c).

   "(b) Covered Members.--A member eligible for monthly special compensation authorized by subsection (a) is a member who--

   Struck: "(1) has a combat-related catastrophic injury or illness;

   "([struck: 2][inserted: 1]) has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions required in everyday living;[struck: and]

   Inserted: "(2) has a serious injury, disorder, or disease of either a temporary or permanent nature that--

   Inserted: "(A) is incurred or aggravated in the line of duty; and

   Inserted: "(B) compromises the member's ability to carry out one or more activities of daily living or requires the member to be constantly supervised to avoid physical harm to the member or to others; and

   "(3) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) prescribes for purposes of this section.

   "(c) Amount.--(1) The amount of monthly special compensation payable to a member under subsection (a) shall be determined under criteria prescribed by the Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard), but may not exceed the amount of aid and attendance allowance authorized by section 1114(r)[inserted: (2)] of title 38 for veterans in need of [struck: regular ]aid and attendance.

   "(2) In determining the amount of monthly special compensation, the Secretary concerned shall consider the following:

   "(A) The extent to which home health care and related services are being provided by the Government.

   1 unchanged paragraphHide unchanged text

   "(B) The extent to which aid and attendance services are being provided by family and friends who may be compensated with funds provided through the monthly special compensation.

   "(d) Payment Until Medical Retirement.--Monthly special compensation is payable under this section to a member described in subsection (b) for any month that begins before the date on which the member is medically retired.

   "(e) Construction With Other Pay and Allowances.--Monthly special compensation payable to a member under this section is in addition to any other pay and allowances payable to the member by law.

   Struck: "(f) Definitions.--In this section:

   Struck: "(1) The term 'catastrophic injury or illness', with respect to member, means a permanent, severely disabling injury, disorder, or disease that compromises the member's ability to carry out the activities of daily living to such a degree that the member requires personal or mechanical assistance to leave home or bed, or requires constant supervision to avoid physical harm to self or others.

   Struck: "(2) The term 'combat-related', with respect to a catastrophic injury or illness, means an injury or illness incurred as described in section 1413a(e) of title 10.

   Inserted: "(f) Benefit Information.--The Secretary of Defense, in collaboration with the Secretary of Veterans Affairs, shall ensure that members of the uniformed services who may be eligible for compensation under this section are made aware of the availability of such compensation by including information about such compensation in written and online materials for such members and their families.

   "(g) Regulations.--The Secretary of Defense (or the Secretary of Homeland Security, with respect to the Coast Guard) shall prescribe regulations to carry out this section.".

   Struck: (b) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is amended by adding at the end the following new item:

   Struck: "439. Special compensation: members of the uniformed services with combat-related catastrophic injuries or illnesses requiring assistance in everyday living.".

   Inserted: (b) Report to Congress.--

   Inserted: (1) In general.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense (and the Secretary of Homeland Security, with respect to the Coast Guard) shall submit to Congress a report on the provision of compensation under section 439 of title 37, United States Code, as added by subsection (a) of this section.

   Inserted: (2) Elements.--The report required by paragraph (1) shall include the following:

   Inserted: (A) An estimate of the number of members of the uniformed services eligible for compensation under such section 439.

   Inserted: (B) The number of members of the uniformed services receiving compensation under such section.

   Inserted: (C) The average amount of compensation provided to members of the uniformed services receiving such compensation.

   Inserted: (D) The average amount of time required for a member of the uniformed services to receive such compensation after the member becomes eligible for the compensation.

   Inserted: (E) A summary of the types of injuries, disorders, and diseases of members of the uniformed services receiving such compensation that made such members eligible for such compensation.

   Inserted: (c) Clerical Amendment.--The table of sections at the beginning of chapter 7 of such title is amended by adding at the end the following new item:

   Inserted: "439. Special compensation: members of the uniformed services with serious injuries or illnesses requiring assistance in everyday living.".

   Original wording

   Strike section 617 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed