123STA T . 23 48PUBLIC LA W 111 – 84 —O CT. 28 , 2 0 0 9(E)Suchot h erma tter s as the Secretar y o fD efe n se cons id ers a p propriate .SEC.603 . S P EC IAL C OM PE N SA T ION F O R MEM B ERSOFT H E U NI - FORME D SER V ICES W ITH CATASTROPHIC IN J URIES OR ILLNESSES RE Q UIRIN G ASSISTANCE IN EVER Y DAY LIVING. (a) INGE NE RAL . —C hapter 7 of tit l e 3 7 ,U nited States Code, is amended b y addin g at the end the follo w ing new section
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‘ §439.Special c om pe ns a t ion
mem b e r so f t h e u niforme d ser v ices w ith catastrophic in j uries or illnesses re q uirin g assistance in ever y day living ‘ ‘(a) MO N TH L Y CO MP EN S AT I ON AU THORI Z E D .— T he Secretary con - cerned may pay to any member of the uniformed ser v ices described in subsection (b) monthly special compensation in an amount deter- mined under subsection (c). ‘‘(b) CO V ERED MEM B ERS.—A member eligible for monthly special compensation authori z ed by subsection (a) is a member who— ‘‘( 1 ) has a catastrophic in j ury or illness that was incurred or aggravated in the line of duty
‘‘( 2 ) has been certified by a licensed physician to be in need of assistance from another person to perform the personal functions re q uired in everyday living; ‘‘(3) in the absence of the provision of such assistance, would require hospitalization, nursing home care, or other resi- dential institutional care; and ‘‘( 4 ) meets such other criteria, if any, as the Secretary of Defense (or the Secretary of H omeland 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 Sec- retary of Homeland Security, with respect to the Coast Guard), but may not e x ceed the amount of aid and attendance allowance authorized by section 1114(r)(2) of title 3 8 for veterans in need of aid and attendance. ‘‘(2) In determining the amount of monthly special compensa- tion, the Secretary concerned shall consider the following: ‘‘(A) The extent to which home health care and related services are being provided by the Government. ‘‘( B ) The value of the aid and attendance care necessary to assist the member in performing the personal functions required in everyday living, to be determined regardless of the sources of the care (other than the source identified in subparagraph (A)) actually being provided to the member. ‘‘(d) DURATION.—The eligibility of a member to receive special monthly compensation under subsection (a) expires on the earlier of the following: ‘‘(1) The last day of the month during which a 90 -day period ends that begins on the date of the separation or retire- ment of the member. ‘‘(2) The last day of the month during which the member dies. ‘‘(3) The last day of the month during which the member is determined to be no longer afflicted with the catastrophic injury or illness referred to in subsection (b)(1). Crite ri a.
