[Congressional Record Volume 153, Number 4 (Tuesday, January 9, 2007)]
[Senate]
[Pages S297-S298]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself and Mr. Akaka):
  S. 225. A bill to amend title 38, United States Code, to expand the 
number of individuals qualifying for retroactive benefits from 
traumatic injury protection coverage under Servicemembers' Group Life 
Insurance; to the Committee on Veterans' Affairs.
  Mr. CRAIG. Mr. President, I have sought recognition to comment on 
legislation that I introduced last November along with the 
distinguished Senator from Hawaii, Senator Akaka, and that I am again 
introducing today. The bill would expand the number of eligible 
recipients of retroactive payments under the Traumatic Injury 
Protection under Servicemembers' Group Life Insurance, or ``TSGLI'', 
benefit. Most of my colleagues have perhaps heard the story of how this 
important benefit became law and what its intended purpose is, but I 
believe it is worth repeating.
  In April of 2005 I was visited by three servicemembers who were 
seriously injured during Operation Iraqi Freedom (OIF). They were 
members of an organization called the Wounded Warrior Project, and they 
told me of their lengthy recovery times at Walter Reed Army Medical 
Center and the financial toll that that period of convalescence had on 
them and their families. They talked about wives, parents, and other 
relatives who had taken long absences from work, and some who had even 
quit their work, in order to spend time with those recovering at Walter 
Reed. And they told me that the Department of Veterans Affairs 
compensation system was no help because, by law, those benefits do not 
kick in until after separation from service.
  Based on their experiences, these wounded warriors recommended that I 
pursue legislation to create a new insurance benefit for those with 
traumatic injuries such as theirs. The insurance would pay between 
$25,000 and $100,000 as soon as possible after an injury occurred, 
thereby bridging the gap in assistance needed during the time of a 
wounded servicemember's recovery and the time of his or her separation 
from service. They asked that I make the legislation prospective only, 
meaning that they, and hundreds of others, would go without any TSGLI 
payment. I honored that request and, together with Senator Akaka and 
other Members of the Committee on Veterans' Affairs, introduced an 
amendment to the 2005 Emergency Supplemental Appropriations bill then 
pending before the Senate.
  A second degree amendment was later unanimously agreed to which 
authorized retroactive benefit payments to all of those injured in the 
Operation Iraqi Freedom and Operation Enduring Freedom (OEF) theaters 
of operation--providing for TSGLI payments to hundreds of 
servicemembers who had been seriously injured since the start of the 
wars in Afghanistan and Iraq. At the time, the retroactive TSGLI 
provision was consistent with other retroactive benefits approved 
within the Emergency Supplemental bill, such as $238,000 in combined 
Servicemembers' Group Life Insurance (SGLI) and death gratuity benefits 
that were provided retroactively to survivors of those killed in combat 
operations since the start of the War on Terror. Needless to say, the 
TSGLI amendments were approved by the Congress and enacted into law.
  Fast forward to the present. TSGLI has been up and running since 
December 1, 2005, and provides financial assistance of $25,000 to 
$100,000 to traumatically injured servicemembers within, on average, 60 
days of the date of the injury causing event. As of January 5, 2007, 
almost 2,233 wounded OIF/OEF servicemembers have benefited under the 
retroactive portion of the program. For those with injuries post 
December 1, 2005, it does not matter if an injury occurs as a result of 
combat operations or training exercises--payment under TSGLI is 
available in either situation; 626 wounded servicemembers have 
benefited under this aspect of the program.
  The Senate Committee on Veterans' Affairs held a hearing on the TSGLI 
benefit in September 2006. The Committee received testimony from the 
Wounded Warrior Project, the organization largely responsible for 
TSGLI's conception. While very pleased with the program overall, a 
serious concern was raised regarding the equity of only extending 
retroactive TSGLI payments to those injured during Operations Iraqi and 
Enduring Freedom. Mr. Jeremy Chwat, testifying for the Wounded

[[Page S298]]

Warrior Project that day, used the example of one servicemember as 
representative of others who are not now eligible for benefits:

       Brave men and women like Seaman Robert Roeder who was 
     injured on January 29, 2005 when an arresting wire on the 
     aircraft carrier, the USS Kitty Hawk, severed his left leg 
     below the knee . . . Although the ship was on its way to the 
     Gulf and the training exercises being conducted were in 
     preparation for action in either Operation Enduring or Iraqi 
     Freedom, Robert's injury does not qualify for payment.

  Furthermore, since enactment of the 2005 Emergency Supplemental, 
retroactive SGLI and death gratuity benefits combining $238,000 have 
been expanded to provide payments to survivors of all servicemembers 
who died on active duty, whether in combat or not. The reason behind 
the expansion of retroactive benefits was a recognition that military 
service is universal in character; that each military man or woman, no 
matter where they are serving, contributes in a unique way to make the 
United States Armed Forces second to none.
  The legislation I am again introducing today, along with Senator 
Akaka, will make the TSGLI retroactive payment eligibility criteria 
consistent with the other benefit program retroactive payment criteria 
I just mentioned. Thus, if this legislation is enacted, all 
traumatically injured servicemembers who served between October 7, 
2001, and December 1, 2005, will be eligible for TSGLI payments, 
irrespective of where their injuries occurred. Unofficial estimates 
from VA suggest that there may be over 215 active duty personnel who, 
like Seaman Roeder, sustained traumatic injuries during this time 
period while performing their military duties.
  Both the Wounded Warrior Project and the National Military Families 
Association have expressed their support for this bill. And I now ask 
my colleagues for their support. This is the right thing to do for our 
military men and women.
  I ask unanimous consent that the text of the bill text be printed in 
the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 225

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

     SECTION 1. EXPANSION OF INDIVIDUALS QUALIFYING FOR 
                   RETROACTIVE BENEFITS FROM TRAUMATIC INJURY 
                   PROTECTION COVERAGE UNDER SERVICEMEMBERS' GROUP 
                   LIFE INSURANCE.

       (a) In General.--Paragraph (1) of section 501(b) of the 
     Veterans' Housing Opportunity and Benefits Improvement Act of 
     2006 (Public Law 109-233; 120 Stat. 414; 38 U.S.C. 1980A 
     note) is amended by striking ``, if, as determined by the 
     Secretary concerned, that loss was a direct result of a 
     traumatic injury incurred in the theater of operations for 
     Operation Enduring Freedom or Operation Iraqi Freedom''.
       (b) Conforming Amendment.--The heading of such section is 
     amended by striking ``in Operation Enduring Freedom and 
     Operation Iraqi Freedom''.
                                 ______