AUTHORIZATION TO APPLY SECTION 1079 PAYMENT RULES FOR THE SPOUSE AND CHILDREN OF A MEMBER WHO DIES WHILE ON ACTIVE DUTY.

SEC. 704. AUTHORIZATION TO APPLY SECTION 1079 PAYMENT RULES FOR THE SPOUSE AND CHILDREN OF A MEMBER WHO DIES WHILE ON ACTIVE DUTY. (a) Authority To Use Section 1079 Payment Rules.—In the case of a dependent described in subsection (b) of a member of a uniformed service who died while on active duty for a period of more than 30 days, the administering Secretary may apply the payment provisions set forth in section 1079(b) of title 10, United States Code (in lieu of the payment provisions set forth in section 1086(b) of such title), with respect to health benefits received by the dependent under section 1086 of such title in connection with an illness or medical condition for which the dependent was receiving treatment under chapter 55 of such title at the time of the death of the member. (b) Eligible Dependents Described.—A dependent referred to in this section is a dependent who— (1) is the unremarried widow, unremarried widower, or child of a member of a uniformed service who died on or after January 1, 1993, while on active duty for a period of more than 30 days; and (2) was a covered beneficiary under chapter 55 of title 10, United States Code, at the time of the death of the member by reason of being the spouse or child of the member. 107 STAT. 1688 (c) Period of Application of Special Payment Rule.—The special payment rule authorized by subsection (a) for a dependent described in subsection (b) shall expire upon the earlier of— (1) the end of the one-year period beginning on the date of the death of the member; and (2) the termination of the illness or condition for which the dependent was receiving treatment under chapter 55 of title 10, United States Code, at the time of the death of the member. (d) Definitions.—For purposes of this section, the term “administering Secretary” means— (1) the Secretary of Defense, with respect to the Armed Forces under the jurisdiction of the Secretary; (2) the Secretary of Transportation, with respect to the Coast Guard when the Coast Guard is not operating as a service in the Navy; and (3) the Secretary of Health and Human Services with respect to the National Oceanic and Atmospheric Administration and the Public Health Service.