1. Traumatic injury
protection
(a)Subchapter III of chapter 19 of title 38, United States
Code, is amended—
(1)in section 1965,
by adding at the end the following:
(11)The term
activities of daily living
means the inability to independently
perform 2 of the 6 following functions:
(A)Bathing.
(B)Continence.
(C)Dressing.
(D)Eating.
(E)Toileting.
(F)Transferring.
;
and
(2)by adding at the
end the following:
1980A.Traumatic
injury protection
(a)A member who is insured under subparagraph
(A)(i), (B), or (C)(i) of section 1967(a)(1) shall automatically be issued a
traumatic injury protection rider that will provide for a payment not to exceed
$100,000 if the member, while so insured, sustains a traumatic injury that
results in a loss described in subsection (b)(1). The maximum amount payable
for all injuries resulting from the same traumatic event shall be limited to
$100,000. If a member suffers more than 1 such loss as a result of traumatic
injury, payment will be made in accordance with the schedule in subsection (d)
for the single loss providing the highest payment.
(b)(1)A member who is issued a traumatic injury
protection rider under subsection (a) is insured against—
(A)total and permanent loss of
sight;
(B)loss of a hand or foot by severance at
or above the wrist or ankle;
(C)total and permanent loss of
speech;
(D)total and permanent loss of hearing in
both ears;
(E)loss of thumb and index finger of the
same hand by severance at or above the metacarpophalangeal joints;
(F)quadriplegia, paraplegia, or
hemiplegia;
(G)burns greater than second degree,
covering 30 percent of the body or 30 percent of the face; and
(H)coma or the inability to carry out the
activities of daily living resulting from traumatic injury to the brain.
(2)For purposes of this
subsection—
(A)the term quadriplegia
means the complete and irreversible paralysis of all 4 limbs;
(B)the term paraplegia means
the complete and irreversible paralysis of both lower limbs; and
(C)the term hemiplegia means
the complete and irreversible paralysis of the upper and lower limbs on 1 side
of the body.
(3)In no case will a member be covered
against loss resulting from—
(A)attempted suicide, while sane or
insane;
(B)an intentionally self-inflicted injury
or any attempt to inflict such an injury;
(C)illness, whether the loss results
directly or indirectly;
(D)medical or surgical treatment of
illness, whether the loss results directly or indirectly;
(E)any infection other than—
(i)a pyogenic infection resulting from
a cut or wound; or
(ii)a bacterial infection resulting
from ingestion of a contaminated substance;
(F)the commission of or attempt to commit
a felony;
(G)being legally intoxicated or under the
influence of any narcotic unless administered or consumed on the advice of a
physician; or
(H)willful misconduct as determined by a
military court, civilian court, or administrative body.
(c)A payment under
this section may be made only if—
(1)the member is
insured under Servicemembers’ Group Life Insurance when the traumatic injury is
sustained;
(2)the loss results
directly from that traumatic injury and from no other cause; and
(3)the member
suffers the loss not later than 90 days after sustaining the traumatic injury,
except, if the loss is quadriplegia, paraplegia, or hemiplegia, the member
suffers the loss not later than 365 days after sustaining the traumatic
injury.
(d)Payments under
this section for losses described in subsection (b)(1) will be made in
accordance with the following schedule:
(1)Loss of both
hands, $100,000.
(2)Loss of both
feet, $100,000.
(3)Inability to
carry out activities of daily living resulting from traumatic brain injury,
$100,000.
(4)Burns greater
than second degree, covering 30 percent of the body or 30 percent of the face,
$100,000.
(5)Loss of sight in
both eyes, $100,000.
(6)Loss of 1 hand
and 1 foot, $100,000.
(7)Loss of 1 hand
and sight of 1 eye, $100,000.
(8)Loss of 1 foot
and sight of 1 eye, $100,000.
(9)Loss of speech
and hearing in 1 ear, $100,000.
(10)Total and
permanent loss of hearing in both ears, $100,000.
(11)Quadriplegia,
$100,000.
(12)Paraplegia,
$75,000.
(13)Loss of 1 hand,
$50,000.
(14)Loss of 1 foot,
$50,000.
(15)Loss of sight
one eye, $50,000.
(16)Total and
permanent loss of speech, $50,000.
(17)Loss of hearing
in 1 ear, $50,000.
(18)Hemiplegia,
$50,000.
(19)Loss of thumb
and index finger of the same hand, $25,000.
(20)Coma resulting
from traumatic brain injury, $50,000 at time of claim and $50,000 at end of
6-month period.
(e)(1)During any period in
which a member is insured under this section and the member is on active duty,
there shall be deducted each month from the member's basic or other pay until
separation or release from active duty an amount determined by the Secretary of
Veterans Affairs as the premium allocable to the pay period for providing
traumatic injury protection under this section (which shall be the same for all
such members) as the share of the cost attributable to provided coverage under
this section, less any costs traceable to the extra hazards of such duty in the
uniformed services.
(2)During any month in which a member is
assigned to the Ready Reserve of a uniformed service under conditions which
meet the qualifications set forth in section 1965(5)(B) of this title and is
insured under a policy of insurance purchased by the Secretary of Veterans
Affairs under section 1966 of this title, there shall be contributed from the
appropriation made for active duty pay of the uniformed service concerned an
amount determined by the Secretary of Veterans Affairs (which shall be the same
for all such members) as the share of the cost attributable to provided
coverage under this section, less any costs traceable to the extra hazards of
such duty in the uniformed services. Any amounts so contributed on behalf of
any member shall be collected by the Secretary of the concerned service from
such member (by deduction from pay or otherwise) and shall be credited to the
appropriation from which such contribution was made in advance on a monthly
basis.
(3)The Secretary of Veterans Affairs
shall determine the premium amounts to be charged for traumatic injury
protection coverage provided under this section.
(4)The premium amounts shall be
determined on the basis of sound actuarial principles and shall include an
amount necessary to cover the administrative costs to the insurer or insurers
providing such insurance.
(5)Each premium rate for the first
policy year shall be continued for subsequent policy years, except that the
rate may be adjusted for any such subsequent policy year on the basis of the
experience under the policy, as determined by the Secretary of Veterans Affairs
in advance of that policy year.
(6)The cost attributable to insuring
such member under this section, less the premiums deducted from the pay of the
member’s uniformed service, shall be paid by the Secretary of Defense to the
Secretary of Veterans Affairs. This amount shall be paid on a monthly basis,
and shall be due within 10 days of the notice provided by the Secretary of
Veterans Affairs to the Secretary of the concerned uniformed service.
(7)The Secretary of Defense shall
provide the amount of appropriations required to pay expected claims in a
policy year, as determined according to sound actuarial principles by the
Secretary of Veterans Affairs.
(8)The Secretary of Defense shall
forward an amount to the Secretary of Veterans Affairs that is equivalent to
half the anticipated cost of claims for the current fiscal year, upon the
effective date of this legislation.
(f)The Secretary of
Defense shall certify whether any member claiming the benefit under this
section is eligible.
(g)Payment for a
loss resulting from traumatic injury will not be made if the member dies not
more than 7 days after the date of the injury. If the member dies before
payment to the member can be made, the payment will be made according to the
member’s most current beneficiary designation under Servicemembers’ Group Life
Insurance, or a by law designation, if applicable.
(h)Coverage for loss
resulting from traumatic injury provided under this section shall cease at
midnight on the date of the member’s separation from the uniformed service.
Payment will not be made for any loss resulting from injury incurred after the
date a member is separated from the uniformed services.
(i)Insurance
coverage provided under this section is not convertible to Veterans’ Group Life
Insurance.
.
(b)The table of
sections for chapter 19 of title 38, United States Code, is amended by adding
after the item relating to section 1980 the following:
1980A. Traumatic injury
protection.
.
2.The amendments made by
section 1 shall take effect on the first day of the first month beginning more
than 180 days after the date of enactment of this Act.