[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 423 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 423

  To amend title 38, United States Code, to make a stillborn child an 
  insurable dependent for purposes of the Servicemembers' Group Life 
                           Insurance program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2005

 Mr. Santorum (for himself and Mrs. Landrieu) introduced the following 
 bill; which was read twice and referred to the Committee on Veterans' 
                                Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to make a stillborn child an 
  insurable dependent for purposes of the Servicemembers' Group Life 
                           Insurance program.

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

SECTION 1. TREATMENT OF STILLBORN CHILDREN AS INSURABLE DEPENDENTS 
              UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE PROGRAM.

    (a) Treatment.--Section 1965 of title 38, United States Code, is 
amended--
            (1) in paragraph (10), by adding at the end the following 
        new subparagraph:
                    ``(C) The member's stillborn natural child.''; and
            (2) by adding at the end the following new paragraph:
            ``(11)(A) Except as provided in subparagraph (B), the term 
        `stillborn natural child' means a natural child--
                    ``(i) whose death occurs before expulsion, 
                extraction, or delivery; and
                    ``(ii) whose--
                            ``(I) fetal weight is greater than 500 
                        grams;
                            ``(II) in the event fetal weight is 
                        unknown, duration in utero exceeds 22 completed 
                        weeks of gestation; or
                            ``(III) in the event neither fetal weight 
                        nor duration in utero is known, body length 
                        (crown-to-heel) is 25 centimeters or more.
            ``(B) The term does not include any fetus or child 
        extracted for purposes of an abortion.''.
    (b) Conforming Amendment.--Section 101(4)(A) of such title is 
amended by striking ``section 1965(10)(B)'' in the matter preceding 
clause (i) and inserting ``subparagraph (B) or (C) of section 
1965(10)''.
                                 <all>