Pub. L. 108-136, div. A, tit. VI, subtit. D, sec. 642
REVISIONS TO COMBAT-RELATED SPECIAL COMPENSATION PROGRAM.
SEC. 642. REVISIONS TO COMBAT-RELATED SPECIAL COMPENSATION PROGRAM.(a) Extension of Program to Combat-Related Disabilities Rated Below 60 Percent.—(1) Subsection (e) of section 1413a of title 10, United States Code, is amended to read as follows: “(e) Combat-Related Disability.—In this section, the term ‘combat-related disability’ means a disability that is compensable under the laws administered by the Secretary of Veterans Affairs and that—“(1) is attributable to an injury for which the member was awarded the Purple Heart; or“(2) was incurred (as determined under criteria prescribed by the Secretary of Defense)—“(A) as a direct result of armed conflict;“(B) while engaged in hazardous service;“(C) in the performance of duty under conditions simulating war; or“(D) through an instrumentality of war.”.(2) Subsection (c)(2) of such section is amended by striking “qualifying”.(b) Clarification of Service Required for Eligibility.—Subsection (c)(1) of such section is amended by inserting before the semicolon the following: “or is entitled to retired pay under section 12731 of this title (other than by reason of section 12731b of this title)”.(c) Clarification of Determination of Amount of Compensation.—Subsection (b)(1) of such section is amended by 117 STAT. 1517 striking “for a” and all that follows and inserting “under subsection (a) for any month is the amount of compensation to which the retiree is entitled under title 38 for that month, determined without regard to any disability of the retiree that is not a combat-related disability.”.(d) Revised Coordination Provision.—Subsection (f) of such section is amended to read as follows: “(f) Coordination With Concurrent Receipt Provision.—Subsection (d) of section 1414 of this title provides for coordination between benefits under that section and under this section.”.(e) Clerical Amendments.—(1) The heading of such section is amended to read as follows: “§ 1413a. Combat-related special compensation” .(2) The item relating to such section in the table of sections at the beginning of chapter 71 of such title is amended to read as follows: “1413a. Combat-related special compensation.”. (f) Effective Date.—The amendments made by subsections (a), (b), and (c) shall apply to payments under section 1413a of title 10, United States Code, for months beginning on or after January 1, 2004. The amendment made by subsection (d) shall take effect on January 1, 2004.