[Congressional Record Volume 151, Number 49 (Thursday, April 21, 2005)]
[Senate]
[Pages S4135-S4136]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 564. Mr. CRAIG (for himself and Mr. Akaka) proposed an amendment 
to the bill H.R. 1268, Making emergency supplemental appropriations for 
the fiscal year ending September 30, 2005, to establish and rapidly 
implement regulations for State driver's license and identification 
document security standards, to prevent terrorists from abusing the 
asylum laws of the United States, to unify terrorism-related grounds 
for inadmissibility and removal, to ensure expeditious construction of 
the San Diego border fence, and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRAUMATIC INJURY PROTECTION.

       (a) In General.--Subchapter III of chapter 19, 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 such 
     traumatic injuries, as prescribed by the Secretary, in 
     collaboration with the Secretary of Defense, including, but 
     not limited to--
       ``(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) The Secretary, in collaboration with the Secretary of 
     Defense, shall prescribe, by regulation, the conditions under 
     which coverage against loss will not be provided.
       ``(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 before the end of the 
     period prescribed by the Secretary, in collaboration with the 
     Secretary of Defense, which begins on the date on which the 
     member sustains 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) shall be--
       ``(1) made in accordance with a schedule prescribed by the 
     Secretary, in collaboration with the Secretary of Defense;
       ``(2) based on the severity of the covered condition; and
       ``(3) in an amount that is equal to not less than $25,000 
     and not more than $100,000.
       ``(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

[[Page S4136]]

     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 before the end of the 
     period prescribed by the Secretary, in collaboration with the 
     Secretary of Defense, which begins on the date on which the 
     member sustains 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.''.

       (c) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the first day of the first month beginning 
     more than 180 days after the date of enactment of this Act.
       (2) Rulemaking.--Before the effective date described in 
     paragraph (1), the Secretary of Veterans Affairs, in 
     collaboration with the Secretary of Defense, shall issue 
     regulations to carry out the amendments made by this section.
                                 ______
                                 
  SA 565. Mr. STEVENS (for Mr. DeWine) submitted an amendment intended 
to be proposed by Mr. Stevens to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; as follows:

       On page 169, between lines 8 and 9, insert the following:


 sense of senate on increased period of continued tricare coverage of 
children of members of the uniformed services who die while serving on 
             active duty for a period of more than 30 days

       Sec. 1122. It is the sense of the Senate that--
       (1) Congress should enact an amendment to section 1079 of 
     title 10, United States Code, in order to increase the period 
     of continued TRICARE coverage of children of members of the 
     uniformed services who die while serving on active duty for a 
     period of more than 30 days under that section such that the 
     period of continued eligibility is the longer of--
       (A) the three-year period beginning on the date of death of 
     the member;
       (B) the period ending on the date on which the child 
     attains 21 years of age; or
       (C) in the case of a child of a deceased member who, at 21 
     years of age, is enrolled in a full-time course of study in a 
     secondary school or in a full-time course of study in an 
     institution of higher education approved by the administering 
     Secretary and was, at the time of the member's death, in fact 
     dependent on the member for over one-half of the child's 
     support, the period ending on the earlier--
       (i) the date on which the child ceases to pursue such a 
     course of study, as determined by the administering 
     Secretary; or
       (ii) the date on which the child attains 23 years of age; 
     and
       (2) Congress should make the amendment applicable to deaths 
     of members of the Armed Forces on or after October 7, 2001, 
     the date of the commencement of military operations in 
     Afghanistan.
                                 ______
                                 
  SA 566. Mr. STEVENS (for Mr. Frist) submitted an amendment intended 
to be proposed by Mr. Stevens to the bill H.R. 1268, Making emergency 
supplemental appropriations for the fiscal year ending September 30, 
2005, to establish and rapidly implement regulations for State driver's 
license and identification document security standards, to prevent 
terrorists from abusing the asylum laws of the United States, to unify 
terrorism-related grounds for inadmissibility and removal, to ensure 
expeditious construction of the San Diego border fence, and for other 
purposes; as follows:

       On page 231, between lines 3 and 4, insert the following 
     new section:


              RECIPROCAL VISAS FOR NATIONALS OF AUSTRALIA

       Sec. 6047. (a) Section 101(a)(15)(E) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(E)) is amended--
       (1) by adding at the end ``or (iii) solely to perform 
     services in a specialty occupation in the United States if 
     the alien is a national of the Commonwealth of Australia and 
     with respect to whom the Secretary of Labor determines and 
     certifies to the Secretary of Homeland Security and the 
     Secretary of State that the intending employer has filed with 
     the Secretary of Labor an attestation under section 
     212(t)(1);''; and
       (2) in clause (i), by striking ``or'' after ``national;''.
       (b) Section 202 of such Act (8 U.S.C. 1152) is amended by 
     adding at the end the following new subsection:
       ``(f) Special Rule for Australia.--The total number of 
     aliens who may acquire nonimmigrant status under section 
     101(a)(15)(E)(iii) may not exceed 5000 for a fiscal year.''.
       (c) Section 214(i)(1) of such Act (8 U.S.C. 1184(i)(1)) is 
     amended by inserting ``, section 101(a)(15)(E)(iii),'' after 
     ``section 101(a)(15)(H)(i)(b)''.
       (d) Section 212(t) of such Act (8 U.S.C. 1182(t)), as added 
     by section 402(b)(2) of the United States-Chile Free Trade 
     Agreement Implementation Act (Public Law 108-77; 117 Stat. 
     941), is amended--
       (1) by inserting ``or section 101(a)(15)(E)(iii)'' after 
     ``section 101(a)(15)(H)(i)(b1)'' each place it appears;
       (2) in paragraph (3)(C)(i)(II), by striking ``or'' in the 
     third place it appears;
       (3) in paragraph (3)(C)(ii)(II), by striking ``or'' in the 
     third place it appears; and
       (4) in paragraph (3)(C)(iii)(II), by striking ``or'' in the 
     third place it appears.

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