116 STAT. 2574 PUBLIC LAW 107-314—DEC. 2, 2002 SEC. 635. EXPANSION OF AUTHORITY OF SECRETARY OF DEFENSE TO WAIVE TIME LIMITATIONS ON CLAIMS AGAINST THE GOVERNMENT FOR MILITARY PERSONNEL BENEFITS. (a) AUTHORITY FOR WAIVER OF TIME LIMITATIONS.— Paragraph (1) of section 3702(e) of title 31, United States Code, is amended by striking "a claim" and all that follows through "title 10" and inserting "a claim referred to in subsection (a)(1)(A)". (b) TECHNICAL AMENDMENTS.— (1) Such paragraph is further amended— (A) by striking "Upon the request" and all that follows through "the Secretary of Defense" and inserting "The Secretary of Defense"; (B) by striking "and, subject to paragraph (2), settle the claim"; and (C) by adding at the end the following new sentence: "In the case of a claim by or with respect to a member of the uniformed services who is not under the jurisdiction of the Secretary of a military department, such a waiver may be made only upon the request of the Secretary concerned (as defined in section 101 of title 37).". (2) Paragraph (2) of such section is amended— (A) by striking "under paragraph (1)' and inserting "under subsection (a)(1)(A)"; and (B) by inserting before the period at the end the following: ", except that in the case of a claim for retired pay or survivor benefits, if the obligation claimed would have been paid from a trust fund if timely paid, the payment of the claim shall be made from that trust fund". 31 USC 3702 (c) EFFECTIVE DATE.— The amendment made by subsection (a) oote. shall apply with respect to claims against the United States presented to the Secretary of Defense under section 3702 of title 31, United States Code, on or after the date of the enactment of this Act. SEC. 636. SPECIAL COMPENSATION FOR CERTAIN COMBAT-RELATED DISABLED UNIFORMED SERVICES RETIREES. (a) AUTHORITY. — (1) Chapter 71 of title 10, United States Code, is amended by inserting after section 1413 the following new section:
- '§ 1413a. Special compensation for certain combat-related
disabled uniformed services retirees "(a) AUTHORITY.—The Secretary concerned shall pay to each eligible combat-related disabled uniformed services retiree who elects benefits under this section a monthly amount for the combatrelated disability of the retiree determined under subsection (b). "(b) AMOUNT. — "(1) DETERMINATION OF MONTHLY AMOUNT. —Subject tO paragraphs (2) and (3), the monthly amount to be paid an eligible combat-related disabled uniformed services retiree for a combat-related disability under subsection (a) is the monthly amount of compensation to which the retiree would be entitled solely for the combat-related disability consistent with chapter 11 of title 38. "(2) MAXIMUM AMOUNT.—The amount paid to an eligible combat-related disabled uniformed services retiree for any month under paragraph (1) may not exceed the amount of
�
