[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3200 Referred in Senate (RFS)]


109th CONGRESS
  1st Session
                                H. R. 3200


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 27, 2005

Received; read twice and referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 AN ACT


 
 To amend title 38, United States Code, to enhance the Servicemembers' 
         Group Life Insurance program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Servicemembers' Group Life Insurance 
Enhancement Act of 2005''.

SEC. 2. REPEALER.

    Effective as of August 31, 2005, section 1012 of division A of the 
Emergency Supplemental Appropriations Act for Defense, the Global War 
on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 244), 
including the amendments made by that section, are repealed, and 
sections 1967, 1969, 1970, and 1977 of title 38, United States Code, 
shall be applied as if that section had not been enacted.

SEC. 3. INCREASE FROM $250,000 TO $400,000 IN AUTOMATIC MAXIMUM 
              COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE AND 
              VETERANS' GROUP LIFE INSURANCE.

    (a) Maximum Under SGLI.--Section 1967 of title 38, United States 
Code, is amended--
            (1) in subsection (a)(3)(A)(i), by striking ``$250,000'' 
        and inserting ``$400,000''; and
            (2) in subsection (d), by striking ``of $250,000'' and 
        inserting ``in effect under paragraph (3)(A)(i) of that 
        subsection''.
    (b) Maximum Under VGLI.--Section 1977(a) of such title is amended 
by striking ``$250,000'' each place it appears and inserting 
``$400,000''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on September 1, 2005, and shall apply with respect to deaths 
occurring on or after that date.

SEC. 4. NOTIFICATION TO MEMBER'S SPOUSE OR NEXT OF KIN OF CERTAIN 
              ELECTIONS UNDER SERVICEMEMBER'S GROUP LIFE INSURANCE 
              PROGRAM.

    Effective September 1, 2005, section 1967 of title 38, United 
States Code, is amended by adding at the end the following new 
subsection:
    ``(f)(1)(A) Whenever a member who is eligible for insurance under 
this section executes a life insurance option specified in subparagraph 
(B), the Secretary concerned shall notify the member's spouse or, if 
the member is unmarried, the member's next of kin, in writing, of the 
execution of that option.
    ``(B) A life insurance option referred to in subparagraph (A) is 
any of the following:
            ``(i) An election under subsection (a)(2)(A) not to be 
        insured under this subchapter.
            ``(ii) An election under subsection (a)(3)(B) for insurance 
        of the member in an amount that is less than the maximum amount 
        provided under subsection (a)(3)(A)(i).
            ``(iii) An application under subsection (c) for insurance 
        coverage under this subchapter or for a change in the amount of 
        such insurance coverage.
            ``(iv) In the case of a married member, a designation under 
        section 1970(a) of this title of any person other than the 
        spouse or a child of the member as the beneficiary of the 
        member for any amount of insurance under this subchapter.
    ``(2) Whenever an unmarried member who is eligible for insurance 
under this section marries, the Secretary concerned shall notify the 
member's spouse in writing as to whether the member is insured under 
this subchapter. In the case of a member who is so insured, the 
Secretary shall include with such notification--
            ``(A) if the member has made an election described in 
        paragraph (1)(B)(ii), notice that the amount of such insurance 
        is less than the maximum amount provided under subsection 
        (a)(3)(A)(i); and
            ``(B) if the member has designated a beneficiary other than 
        the spouse or a child of the member for any amount of such 
        insurance, notice that such a designation has been made.
    ``(3)(A) Notification of a spouse under paragraph (1) or (2), or of 
any other person under paragraph (1), for purposes of this subsection 
shall consist of a good faith effort to provide information to the 
spouse or other person at the last address of the spouse or other 
person in the records of the Secretary concerned.
    ``(B) Failure to provide such notification, or to provide such 
notification in a timely manner, does not affect the validity of any 
life insurance option referred to in paragraph (1)(B).''.

SEC. 5. INCREMENTS OF INSURANCE THAT MAY BE ELECTED.

    (a) Increase in Increment Amount.--Subsection (a)(3)(B) of section 
1967 of title 38, United States Code, is amended by striking ``member 
or spouse'' in the last sentence and inserting ``member, be evenly 
divisible by $50,000 and, in the case of a member's spouse,''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on September 1, 2005.

SEC. 6. AUTHORITY TO ELECT NEW TRAUMATIC INJURY PROTECTION.

    (a) Opt-Out Authority.--Section 1980A of title 38, United States 
Code, is amended by adding at the end of subsection (b) the following 
new paragraph:
    ``(4)(A) A member may elect in writing not to be insured under this 
section.
    ``(B) If a member eligible for insurance under this section is not 
so insured by reason of an election made under subparagraph (A), the 
member may thereafter elect to be insured under this section upon 
written application by the member, proof of good health, and compliance 
with such other terms and conditions as may be prescribed by the 
Secretary. Insurance under this section upon such an election is 
effective upon the date of the receipt by the Secretary of such 
application and shall apply only with respect to injuries incurred 
after that date.
    ``(C) The Secretary shall prescribe by regulation conditions as to 
how and when elections under subparagraph (B) shall be made. Such 
regulations may include limiting the time for such elections to an 
annual open season, for a duration each year prescribed by the 
Secretary.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect immediately after section 1980A of title 38, United States 
Code, takes effect pursuant to section 1032(d)(1) of division A of the 
Emergency Supplemental Appropriations Act for Defense, the Global War 
on Terror, and Tsunami Relief, 2005 (Public Law 109-13; 119 Stat. 260).

            Passed the House of Representatives July 26, 2005.

            Attest:

                                                 JEFF TRANDAHL,

                                                                 Clerk.