Page:United States Statutes at Large Volume 119.djvu/3324

 119 STAT. 3306

PUBLIC LAW 109–163—JAN. 6, 2006

‘‘(3) The member is no longer hospitalized in a military treatment facility or a facility under the auspices of the military health care system. ‘‘(d) AMOUNT OF SPECIAL PAY.—The monthly amount of special pay paid to a member under this section shall be equal to $430, less any payment received by the member for the same month under section 310(b) of this title. ‘‘(e) RELATIONSHIP TO OTHER PAY AND ALLOWANCES.—Special pay paid to a member under this section is in addition to any other pay and allowances to which the member is entitled or authorized to receive.’’. (b) CONTINUATION OF HOSTILE FIRE AND IMMINENT DANGER PAY DURING HOSPITALIZATION.—Section 310(b) of such title is amended— (1) by striking ‘‘A member covered by subsection (a)(2)(C)’’ and all that follows through ‘‘the injury or wound’’ and inserting ‘‘(1) A member described in paragraph (2)’’; (2) by striking ‘‘so hospitalized’’ and inserting ‘‘hospitalized as described in such paragraph’’; and (3) by adding at the end the following new paragraph: ‘‘(2) Paragraph (1) applies with respect to a member who— ‘‘(A) is injured or wounded under the circumstances described in subsection (a)(2)(C) and is hospitalized for the treatment of the injury or wound; or ‘‘(B) while in the line of duty, incurs a wound, injury, or illness in a combat operation or combat zone designated by the Secretary of Defense and is hospitalized outside of the theater of the combat operation or the combat zone for the treatment of the wound, injury, or illness.’’. (c) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 5 of such title is amended by inserting after the item relating to section 327, as added by section 641, the following new item:

37 USC prec. 301.

‘‘328. Combat-related injury rehabilitation pay.’’. 37 USC 328 note.

(d) EFFECTIVE DATE.—The Secretary of a military department may provide special pay under section 328 of title 37, United States Code, as added by subsection (a), for months beginning on or after the date of the enactment of this Act. A member of the Armed Forces who incurred a wound, injury, or illness under the circumstances described in subsection (a) of such section before the date of the enactment of this Act may receive such pay for such wound, injury, or illness for months beginning on or after that date so long as the member continues to satisfy the eligibility criteria specified in such section. SEC. 643. PAY AND BENEFITS TO FACILITATE VOLUNTARY SEPARATION OF TARGETED MEMBERS OF THE ARMED FORCES.

(a) PAY AND BENEFITS AUTHORIZED.— (1) IN GENERAL.—Chapter 59 of title 10, United States Code, is amended by inserting after section 1175 the following new section: ‘‘§ 1175a. Voluntary separation pay and benefits ‘‘(a) IN GENERAL.—Under regulations approved by the Secretary of Defense, the Secretary concerned may provide voluntary separation pay and benefits in accordance with this section to eligible

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