[Congressional Record Volume 151, Number 123 (Wednesday, September 28, 2005)]
[House]
[Pages H8413-H8416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SERVICEMEMBERS' GROUP LIFE INSURANCE ENHANCEMENT ACT OF 2005
Mr. MILLER of Florida. Mr. Speaker, I move to suspend the rules and
concur in the Senate amendment to the bill (H.R. 3200) to amend title
38, United States Code, to enhance the Servicemembers' Group Life
Insurance program, and for other purposes.
The Clerk read as follows:
Senate amendment:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Servicemembers' Group Life
Insurance Enhancement Act of 2005''.
SEC. 2. REPEALER.
Effective as of August 31, 2005, section 1012 of division A
of the Emergency Supplemental Appropriations Act for Defense,
the Global War on Terror, and Tsunami Relief, 2005 (Public
Law 109-13; 119 Stat. 244), including the amendments made by
that section, are repealed, and sections 1967, 1969, 1970,
and 1977 of title 38, United States Code, shall be applied as
if that section had not been enacted.
SEC. 3. INCREASE FROM $250,000 TO $400,000 IN AUTOMATIC
MAXIMUM COVERAGE UNDER SERVICEMEMBERS' GROUP
LIFE INSURANCE AND VETERANS' GROUP LIFE
INSURANCE.
(a) Maximum Under SGLI.--Section 1967 of title 38, United
States Code, is amended--
(1) in subsection (a)(3)(A)(i), by striking ``$250,000''
and inserting ``$400,000''; and
(2) in subsection (d), by striking ``of $250,000'' and
inserting ``in effect under paragraph (3)(A)(i) of that
subsection''.
(b) Maximum Under VGLI.--Section 1977(a) of such title is
amended--
(1) in paragraph (1), by striking ``in excess of $250,000
at any one time'' and inserting ``at any one time in excess
of the maximum amount for Servicemembers' Group Life
Insurance in effect under section 1967(a)(3)(A)(i) of this
title''; and
(2) in paragraph (2)--
(A) by striking ``for less than $250,000 under
Servicemembers' Group Life Insurance'' and inserting ``under
Servicemembers' Group Life Insurance for less than the
maximum amount for such insurance in effect under section
1967(a)(3)(A)(i) of this title''; and
(B) by striking ``does not exceed $250,000'' and inserting
``does not exceed such maximum amount in effect under such
section''.
(c) Effective Date.--The amendments made by this section
shall take effect as of September 1, 2005, and shall apply
with respect to deaths occurring on or after that date.
[[Page H8414]]
SEC. 4. SPOUSAL NOTIFICATIONS RELATING TO SERVICEMEMBERS'
GROUP LIFE INSURANCE PROGRAM.
Effective as of September 1, 2005, section 1967 of title
38, United States Code, is amended by adding at the end the
following new subsection:
``(f)(1) If a member who is married and who is eligible for
insurance under this section makes an election under
subsection (a)(2)(A) not to be insured under this subchapter,
the Secretary concerned shall notify the member's spouse, in
writing, of that election.
``(2) In the case of a member who is married and who is
insured under this section and whose spouse is designated as
a beneficiary of the member under this subchapter, whenever
the member makes an election under subsection (a)(3)(B) for
insurance of the member in an amount that is less than the
maximum amount provided under subsection (a)(3)(A)(i), the
Secretary concerned shall notify the member's spouse, in
writing, of that election--
``(A) in the case of the first such election; and
``(B) in the case of any subsequent such election if the
effect of such election is to reduce the amount of insurance
coverage of the member from that in effect immediately before
such election.
``(3) In the case of a member who is married and who is
insured under this section, if the member makes a designation
under section 1970(a) of this title of any person other than
the spouse or a child of the member as the beneficiary of the
member for any amount of insurance under this subchapter, the
Secretary concerned shall notify the member's spouse, in
writing, that such a beneficiary designation has been made by
the member, except that such a notification is not required
if the spouse has previously received such a notification
under this paragraph and if immediately before the new
designation by the member under section 1970(a) of this title
the spouse is not a designated beneficiary of the member for
any amount of insurance under this subchapter.
``(4) A notification required by this subsection is
satisfied by a good faith effort to provide the required
information to the spouse at the last address of the spouse
in the records of the Secretary concerned. Failure to provide
a notification required under this subsection in a timely
manner does not affect the validity of any election specified
in paragraph (1) or (2) or beneficiary designation specified
in paragraph (3).''.
SEC. 5. INCREMENTS OF INSURANCE THAT MAY BE ELECTED.
(a) Increase in Increment Amount.--Subsection (a)(3)(B) of
section 1967 of title 38, United States Code, is amended by
striking ``member or spouse'' in the last sentence and
inserting ``member, be evenly divisible by $50,000 and, in
the case of a member's spouse,''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as of September 1, 2005.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Miller) and the gentlewoman from Nevada (Ms. Berkley) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Miller).
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
(Mr. MILLER of Florida asked and was given permission to revise and
extend his remarks.)
Mr. MILLER of Florida. Mr. Speaker, on July 14 of this year, the
Committee on Veterans' Affairs reported H.R. 3200, the Servicemembers'
Group Life Insurance Enhancement Act of 2005. On July 26 of this year,
the House passed the bill by a vote of 424-0.
Among other things, this bill would provide a permanent authorization
for increases in maximum life insurance covered under the
Servicemembers' Group Life Insurance Program and the Veterans Group
Life Insurance Program from $250,000 to $400,000.
{time} 1330
Public Law 109-13, the Emergency Supplemental Appropriations Act For
Defense, the Global War on Terror, and the Tsunami Relief, 2005,
increased the maximum coverage to $400,000 under these programs;
however, the authorization expires in just 2 days, that is, September
30.
It is my understanding that during negotiations on the supplemental
that the Senate included the termination date which was approved in the
conference report to afford the legislative committees of jurisdiction
the opportunity to hold hearings and further consider the specifics of
the emergency authorization before it was made permanent.
The increased level of coverage was requested by the President
because of concerns that death benefits for survivors of servicemembers
were inadequate as our Nation fights the global war on terrorism.
Further, Public Law 109-13 mandated spousal consent even in cases where
the couple is estranged, as long as they are still legally married. The
committee does not believe providing the spouse such a ``veto''
authority over life insurance elections is good public policy. The
spousal consent requirement could also result, for example, in a
servicemember's spouse excluding stepchildren as beneficiaries. The
government should not interfere legally in a servicemember's highly
personal choices about such family matters as this.
H.R. 3200, as amended, which the Senate passed yesterday, would
instead require the military service secretary concerned to provide
written notification to the spouse.
In an effort to expedite the passage of this bill as amended, we
concur with the Senate's decision to drop the provisions stating that
in cases of an unmarried servicemember, or a servicemember who marries
while on active duty, notification be made to the next of kin or new
spouse as to their insurance election.
The Committee believes notification is the preferable way of ensuring
that the spouse is informed about this important financial decision
while preserving the individual right of the servicemember to make
decisions about life insurance coverage themselves.
Finally, Public Law 109-13 also provided for a new Traumatic Injury
Protection program which goes into effect on the 1st of December this
year. The committee has agreed to review this proposal in the coming
year after having an opportunity to monitor the existing program. As
amended, H.R. 3200 does not include this provision.
Mr. Speaker, I reserve the balance of my time.
Ms. BERKLEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would like to thank Chairman Buyer, ranking member
Evans, and subcommittee chairman Miller as well as Senator Craig and
Senator Akaka on the Senate side for moving forward on this bill.
As a result of our mutual cooperation, the men and women currently
serving in the military will be able to retain insurance coverage of
$400,000 on October 1 of 2005.
H.R. 3200, as amended, would make permanent the increase in maximum
Servicemembers' Group Life Insurance, SGLI, to $400,000 passed earlier
this year. That increase was provided as the gentleman from Florida has
stated by Public Law 109-13, but is set to expire on September 30,
2005. Immediate passage of this legislation is necessary in order to
prevent any gaps in coverage under the SGLI program.
I truly appreciate the cooperation of the gentleman from Florida as
well as that of the Senate Committee on Veterans' Affairs in addressing
my concerns that spousal consent not be a part of this SGLI program.
We have heard time and time again from estranged spouses throughout
the country that they were upset that under current law they must seek
to obtain the consent of an estranged spouse before selecting less than
the maximum amount of life insurance. I am also pleased that the
compromise bill recognizes the importance of allowing service men and
women to name a child as a beneficiary of their SGLI policy without
notification of a present spouse. I believe we need to allow service
men and women to make such decisions without any pressure to ignore the
financial responsibility to their children of prior marriages.
The bill under consideration today strikes the right balance, in my
opinion, for notification to spouses who would potentially be affected
by the servicemembers' coverage and beneficiary decisions. This bill is
urgently needed to provide continuous coverage to our service men and
women. It will benefit the Nevadans that I represent as well as all
Americans who are currently serving in the Armed Forces and their
families.
I urge all Members to support H.R. 3200.
Mr. Speaker, I yield 2 minutes to the gentleman from Illinois (Mr.
Evans), the wonderful ranking Democratic member on the committee.
Mr. EVANS. Mr. Speaker, I rise in support of H.R. 3200, as amended by
the Senate.
Earlier this year, Congress increased the amount of insurance
available to servicemembers to $400,000. That provision is scheduled to
expire September 30, 2005. We need to make the increase permanent now.
Under this bill, men and women currently serving will receive
$400,000 in life insurance unless they choose to receive the lower
amount.
[[Page H8415]]
H.R. 3200, as amended, will receive my full support. It deserves the
support of every Member of this body.
Ms. BERKLEY. Mr. Speaker, I thank the gentleman from Florida (Mr.
Miller) for his extraordinary cooperation on this legislation.
Mr. Speaker, I have no further requests for time, and I yield back
the balance of my time.
Mr. MILLER of Florida. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, like my colleague, I would like to say thank you to the
gentleman from Indiana (Mr. Buyer), the chairman of the committee, and
the gentleman from Illinois (Mr. Evans), the ranking member, for their
cooperation in this legislation. I also commend the gentlewoman from
Nevada (Ms. Berkley), the ranking member on our subcommittee, as well
as the gentleman from New Hampshire (Mr. Bradley), for working with me
and drafting this compromise agreement.
I particularly want to thank those on the Senate side, Senator Craig
and Senator Akaka, for ensuring that this important legislation was
considered in the Senate and returned to the House to allow for final
passage.
Congress has to act promptly to ensure permanent SGLI authorization
is enacted before September 30, or else insurance coverage levels will
revert to $250,000 on the 1st of October of this year. I do not think
any Member of this body wants to see this happen.
Mr. Speaker, I strongly urge my colleagues to support H.R. 3200, as
amended.
For the benefit of my colleagues, the following is a joint
explanatory statement describing the compromise agreement which we have
reached with the other body.
Joint Explanatory Statement on Senate Amendments to H.R. 3200
H.R. 3200, as amended, the Servicemembers' Group Life
Insurance Enhancement Act of 2005, reflects a Compromise
Agreement reached by the House and Senate Committees on
Veterans' Affairs (the Committees) on the following bills
considered in the House and Senate during the 109th Congress:
H.R. 2046, as amended; H.R. 3200 (House Bills); and S. 1235,
as amended (Senate Bill). H.R. 2046, as amended, passed the
House on May 23, 2005; H.R. 3200 passed the House on July 26,
2005; and S. 1235, as amended, reported to the Senate on
September 21, 2005.
The Committees have prepared the following explanation of
H.R. 3200, as amended (Compromise Agreement). Differences
between the provisions contained in the Compromise Agreement
and the related provisions of H.R. 2046, as amended; H.R.
3200; and S. 1235, as amended, are noted in this document,
except for clerical corrections, conforming changes made
necessary by the Compromise Agreement, and minor drafting,
technical, and clarifying changes.
REPEALER
Current law
Section 1012 of division A of the Emergency Supplemental
Appropriations Act for Defense, the Global War on Terror, and
Tsunami Relief, 2005 (Public Law 109-13), amended sections
1967, 1969, 1970, and 1977 of title 38, United States Code.
The provisions in section 1012 of Public Law 109-13 expire on
September 30, 2005.
House bills
Section 2 of H.R. 3200 would repeal, effective August 31,
2005, section 1012 of Public Law 109-13 as if that section
had not been enacted.
Senate bill
Section 101(d) of S. 1235, as amended, stipulates that
those elements of the Supplemental Appropriations Act that
will not be extended, in whole, beyond the September 30,
2005, termination date would not be treated for any purpose
as having gone into effect.
Compromise agreement
Section 2 of the Compromise Agreement follows the House
language.
INCREASE FROM $250,000 TO $400,000 IN AUTOMATIC MAXIMUM COVERAGE UNDER
SERVICEMEMBERS' GROUP LIFE INSURANCE AND VETERANS' GROUP LIFE INSURANCE
Current law
Sections 1967 and 1977(a) of title 38, United States Code,
provide up to $400,000 in maximum coverage allowable under
Servicemembers' Group Life Insurance (SGLI) and Veterans'
Group Life Insurance (VGLI). The maximum coverage of $400,000
is automatically provided unless the service member or
veteran, as the case may be, declines coverage or elects
coverage at a reduced amount. Declinations or elections of
less than the maximum amount must be in writing. As of
October 1,2005, the maximum coverage under both SGLI and VGLI
will be reduced to $250,000 (section 1012 of Public Law 109-
13).
House bills
Section 3 of H.R. 3200 would make permanent the maximum
coverage allowable under sections 1967 and 1977(a) of title
38, United States Code, effective September I, 2005.
Senate bill
Sections 101(a)(I)(B)(i) and 101(c) of S. 1235, as amended,
contain similar provisions.
Compromise agreement
Section 3 of the Compromise Agreement follows the House
language with minor technical changes.
NOTIFICATION TO MEMBER'S SPOUSE OR NEXT OF KIN OF CERTAIN ELECTIONS
UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE PROGRAM
Current law
Section 1967 of title 38, United States Code, requires a
married servicemember to receive written spousal consent
prior to making a SGLI election for less than the maximum
coverage amount. Similarly, the Secretary concerned is
required to notify an unmarried servicemember's beneficiary
or next of kin if the servicemember elects less than the
maximum coverage amount.
Section 1970 of title 38, United States Code, prohibits a
married servicemember from modifying a beneficiary
designation without providing written notification to the
spouse.
The consent and notification requirements of sections 1967
and 1970 of title 38, United States Code, expire on September
30,2005 (section 1012 of Public Law 109-13).
House bills
Section 5 of H.R. 2046, as amended, and section 4 of H.R.
3200, would require the uniformed services Secretary
concerned to notify, in writing, a married servicemember's
spouse, or an unmarried servicemember's next of kin, of an
insurance election (1) not to be insured, (2) to be insured
for an amount less than the maximum, or (3) to be insured
if not insured or to change the amount of insurance
coverage. The House bills would also require the Secretary
concerned to notify, in writing, the spouse of a married
servicemember if the servicemember designated anyone other
than the spouse or child of the member as the beneficiary.
When a servicemember marries, the Secretary concerned
would be required to notify the new spouse whether the
servicemember is insured under SGLI and when applicable,
that the servicemember has elected less than the maximum
amount of coverage or that the servicemember has
designated someone other than the member's spouse or child
as the policy beneficiary. Finally, section 4 of H.R. 3200
would provide that written notification shall consist of a
good faith effort by the Secretary concerned to provide
the required information to the servicemember's spouse or
other person at the last known address of the spouse or
next of kin in the records of the Secretary. Failure to
provide such notification would not invalidate a
servicemembers' election.
Senate bill
Section 101(a)(1)(A) of S. 1235, as amended, would require
the Secretary concerned to make a good faith effort to notify
the spouse of a servicemember if the servicemember elects to
reduce amounts of insurance coverage or name a beneficiary
other than the servicemember's spouse or child.
Compromise agreement
Section 4 of the Compromise Agreement generally follows the
Senate language. The spouse of a married servicemember would
be notified if the servicemember elects not to be insured
under SGLI or if the beneficiary named by the servicemember
is someone other than the spouse or child of the
servicemember. The spouse of a servicemember would receive an
initial notification if the servicemember elected less than
the amount of maximum coverage available. Notice to a spouse
concerning a subsequent decrease in the amount of life
insurance or a change of beneficiary would be required only
if the servicemember had previously designated the spouse as
the beneficiary. When the spouse of a servicemember is not
named as the beneficiary of the policy, the Committees find
that no notice of additional changes is required.
INCREMENTS OF INSURANCE THAT MAY BE ELECTED
Current law
Section 1967 of title 38, United States Code, requires that
a servicemember's SGLI election be evenly divisible by
$50,000. On October 1, 2005, coverage will be divisible by
$10,000 (section 1012 of Public Law 109-13).
House bills
Section 5 of H.R. 3200 would make permanent the requirement
that SGLI for servicemembers be provided in increments of
$50,000.
Senate bill
Section 101(a)(1)(B) of S. 1235, as amended, contains
similar language.
Compromise agreement
Section 5 of the Compromise Agreement contains this
provision.
Legislative Provision Not Adopted
AUTHORITY TO ELECT NEW TRAUMATIC INJURY PROTECTION
Current law
Section 1032 of Public Law 109-13 added a new section 1980A
(Traumatic Injury Protection) to chapter 19 of title 38,
United States Code. Section 1980A becomes effective on
December 1, 2005. Servicemembers insured under SGLI will be
automatically enrolled in the Traumatic Injury Protection
program and are required to participate in the program.
[[Page H8416]]
House bills
Section 6 of H.R. 3200 would permit a servicemember to
elect in writing not to be covered under the Traumatic Injury
Protection program. A servicemember who declines coverage
would be able to elect coverage at a later date upon written
application, proof of good health, and in compliances with
terms or conditions as may be prescribed by the Secretary,
but coverage would apply only with respect to injuries
occurring after a subsequent election. In any case, a
servicemember would be required to be insured under SGLI to
participate in Traumatic Injury Protection.
Senate bill
The Senate bill contains no comparable provision.
Compromise agreement
The Committees agree to further explore this provision
during the course of their oversight responsibilities of the
Traumatic Injury Protection program.
Mr. BUYER. Mr. Speaker, I am pleased we are considering this bill
today. As my colleagues are aware, Public Law 109-13, the Emergency
Supplemental, included provisions which made changes to VA's insurance
program for active duty servicemembers and veterans. However, these
changes expire on September 30, 2005.
H.R. 3200, as amended, would: Repeal section 1012 of the
Supplemental, the section dealing with the insurance changes, and
replace it with the text of H.R. 3200, as amended; make permanent the
increase from $250,000 to $400,000 in maximum Servicemembers' Group and
Veterans' Group Life Insurance coverage; make permanent the increments
of SGLI coverage from $10,000 to $50,000; and require the military
service Secretary concerned to notify a servicemember's spouse, in
writing, if the servicemember declines SGLI or chooses an amount less
than the maximum, as well as notify the spouse if someone other than
the spouse or child is designated as the policyholders' beneficiary.
Similar language was included in H.R. 2046, which passed the House on
May 23rd of this year.
The spousal notification language does not apply to the Veterans'
Group Life Insurance program.
There were no public hearings prior to House and Senate passage of
the defense emergency supplemental. In June, the Subcommittee on
Disability Assistance and Memorial Affairs, chaired by Jeff Miller of
Florida, held a hearing on the provisions included in today's bill, and
it is supported by the Administration and veterans groups.
H.R. 3200, as amended, will ensure the current $400,000 maximum level
of insurance coverage is available to millions of active duty
servicemembers, Reservists, and veterans, as well as commissioned
members of the National Oceanic and Atmospheric Administration and the
Public Health Service. I cannot underestimate the impact of this
legislation.
Mr. Speaker, I applaud Chairman Miller and Ms. Berkley, the ranking
member of the Subcommittee on Disability Assistance and Memorial
Affairs, for their hard work and active participation in crafting this
bill, as well as the subcommittee vice chairman, Jeb Bradley. This has
indeed been a team effort.
I also want to thank the subcommittee staffs on both sides of the
aisle--Paige McManus, Chris McNamee, and Mary Ellen McCarthy.
Mr. Speaker, as the original increase in SGLI and VGLI expire at
midnight this Friday, I urge my colleagues to support the
Servicemembers' Group Life Insurance Enhancement Act.
Mr. MILLER of Florida. Mr. Speaker, I have no further requests for
time, and I yield back the balance of my time.
The SPEAKER pro tempore (Mr. LaHood). The question is on the motion
offered by the gentleman from Florida (Mr. Miller) that the House
suspend the rules and concur in the Senate amendment to the bill, H.R.
3200.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendment was
concurred in.
A motion to reconsider was laid on the table.
____________________