[Congressional Record Volume 150, Number 131 (Tuesday, November 16, 2004)]
[Senate]
[Page S11381]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SANTORUM:
  S. 2982. 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; to the Committee on 
Veterans' Affairs.
  Mr. SANTORUM. Mr. President, I rise today to offer remarks on a bill 
that I am introducing that would make a stillborn child an insurable 
dependent for purposes of the Servicemembers' Group Life Insurance 
(SGLI) program.
  Experiencing the death of a child results in both emotional trauma 
and financial hardship for parents and families. However, further 
stress is added when the family involved is in the military. I was 
recently contacted by a constituent family that experienced a 
stillbirth and subsequently learned that they were not eligible for the 
military's dependent death benefit because the child was stillborn.
  The Servicemembers' Group Life Insurance (SGLI) program is currently 
available to all members of the uniformed services, their spouses, and 
dependents. Specifically, when a servicemember's family experiences the 
death of a child, the family is entitled to a $10,000 child death 
benefit under the SGLI program. However, if a servicemember's family 
experiences a stillbirth, the family is not eligible for a death 
benefit under the SGLI program because current insurance standards 
require that a death certificate be issued for a child to be covered. 
However, neither a birth certificate nor a death certificate is issued 
for a stillborn infant.
  In a recent Federal court case, Warnock v. Office of Servicemembers' 
Group Life Insurance, the issue of whether a stillborn infant is an 
``insurable dependent'' under SGLI was litigated. The court held as a 
matter of law that both statute and SGLI policy do not provide coverage 
for a stillborn infant. To further substantiate the necessity of 
modifying this insurance coverage, the Army Family Action Plan 
supported providing a death benefit for stillborn infants at their 
annual conference in 2003, thus demonstrating this is an important 
issue for all military families.
  This legislation is imperative because it will alleviate some of the 
financial hardship that a servicemember's family must endure as a 
result of a stillbirth. My bill would amend Title 38 of the United 
States Code to make a stillborn child an insurable dependent for 
purposes of the Servicemembers' Group Life Insurance program.
  By including stillborn infants within the scope of the SGLI program, 
we will be helping to ease the financial burden of military 
servicemember families at a time of great loss and emotional stress.
  I hope that many of my colleagues will join me in supporting this 
essential legislation.
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