[Congressional Record Volume 151, Number 44 (Thursday, April 14, 2005)]
[Senate]
[Pages S3682-S3683]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself and Mr. Akaka):
  S. 806. A bill to amend title 38, United States Code, to provide a 
traumatic injury protection rider to servicemembers insured under 
section 1967(a)(1) of such title; to the Committee on Veterans' 
Affairs.
  Mr. CRAIG. Mr. President, I rise on behalf of myself and the 
distinguished ranking member of the Veterans Committee, Senator Akaka, 
to introduce legislation providing a traumatic injury protection rider 
for servicemembers. I urge all my colleagues to review this important 
legislation and support its enactment, and I ask unanimous consent that 
the text of the bill be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 806

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

     SECTION 1. TRAUMATIC INJURY PROTECTION.

       (a) In General.--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:

     ``Sec. 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

[[Page S3683]]

     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) Clerical Amendment.--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. ''.

     SEC. 2. EFFECTIVE DATE.

       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.
                                 ______