S.Amdt. 439

1. Adds SEC. __. TRAUMATIC INJURY PROTECTION wherever appropriate

   Adds a section

   Inserted: SEC. __. TRAUMATIC INJURY PROTECTION.

   Inserted: (a) In General.--Subchapter III of chapter 19, Title 38, United States Code, is amended--

   Inserted: (1) in section 1965, by adding at the end the following:

   Inserted: "(11) The term 'activities of daily living' means the inability to independently perform 2 of the 6 following functions:

   Inserted: "(A) Bathing.

   Inserted: "(B) Continence.

   Inserted: "(C) Dressing.

   Inserted: "(D) Eating.

   Inserted: "(E) Toileting.

   Inserted: "(F) Transferring."; and

   Inserted: (2) by adding at the end the following:

   Inserted: "Sec. 1980A. Traumatic injury protection

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   Inserted: "(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.

   Inserted: "(b)(1) A member who is issued a traumatic injury protection rider under subsection (a) is insured against--

   Inserted: "(A) total and permanent loss of sight;

   Inserted: "(B) loss of a hand or foot by severance at or above the wrist or ankle;

   Inserted: "(C) total and permanent loss of speech;

   Inserted: "(D) total and permanent loss of hearing in both ears;

   Inserted: "(E) loss of thumb and index finger of the same hand by severance at or above the metacarpophalangeal joints;

   Inserted: "(F) quadriplegia, paraplegia, or hemiplegia;

   Inserted: "(G) burns greater than second degree, covering 30 percent of the body or 30 percent of the face; and

   Inserted: "(H) coma or the inability to carry out the activities of daily living resulting from traumatic injury to the brain.

   Inserted: "(2) For purposes of this subsection--

   Inserted: "(A) the term 'quadriplegia' means the complete and irreversible paralysis of all 4 limbs;

   Inserted: "(B) the term 'paraplegia' means the complete and irreversible paralysis of both lower limbs; and

   Inserted: "(C) the term 'hemiplegia' means the complete and irreversible paralysis of the upper and lower limbs on 1 side of the body.

   Inserted: "(3) In no case will a member be covered against loss resulting from--

   Inserted: "(A) attempted suicide, while sane or insane;

   Inserted: "(B) an intentionally self-inflicted injury or any attempt to inflict such an injury;

   Inserted: "(C) illness, whether the loss results directly or indirectly;

   Inserted: "(D) medical or surgical treatment of illness, whether the loss results directly or indirectly;

   Inserted: "(E) any infection other than--

   Inserted: "(i) a pyogenic infection resulting from a cut or wound; or

   Inserted: "(ii) a bacterial infection resulting from ingestion of a contaminated substance;

   Inserted: "(F) the commission of or attempt to commit a felony;

   Inserted: "(G) being legally intoxicated or under the influence of any narcotic unless administered or consumed on the advice of a physician; or

   Inserted: "(H) willful misconduct as determined by a military court, civilian court, or administrative body.

   Inserted: "(c) A payment under this section may be made only if--

   Inserted: "(1) the member is insured under Servicemembers' Group Life Insurance when the traumatic injury is sustained;

   Inserted: "(2) the loss results directly from that traumatic injury and from no other cause; and

   Inserted: "(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.

   Inserted: "(d) Payments under this section for losses described in subsection (b)(1) will be made in accordance with the following schedule:

   Inserted: "(1) Loss of both hands, $100,000.

   Inserted: "(2) Loss of both feet, $100,000.

   Inserted: "(3) Inability to carry out activities of daily living resulting from traumatic brain injury, $100,000.

   Inserted: "(4) Burns greater than second degree, covering 30 percent of the body or 30 percent of the face, $100,000.

   Inserted: "(5) Loss of sight in both eyes, $100,000.

   Inserted: "(6) Loss of 1 hand and 1 foot, $100,000.

   Inserted: "(7) Loss of 1 hand and sight of 1 eye, $100,000.

   Inserted: "(8) Loss of 1 foot and sight of 1 eye, $100,000.

   Inserted: "(9) Loss of speech and hearing in 1 ear, $100,000.

   Inserted: "(10) Total and permanent loss of hearing in both ears, $100,000.

   Inserted: "(11) Quadriplegia, $100,000.

   Inserted: "(12) Paraplegia, $75,000.

   Inserted: "(13) Loss of 1 hand, $50,000.

   Inserted: "(14) Loss of 1 foot, $50,000.

   Inserted: "(15) Loss of sight one eye, $50,000.

   Inserted: "(16) Total and permanent loss of speech, $50,000.

   Inserted: "(17) Loss of hearing in 1 ear, $50,000.

   Inserted: "(18) Hemiplegia, $50,000.

   Inserted: "(19) Loss of thumb and index finger of the same hand, $25,000.

   Inserted: "(20) Coma resulting from traumatic brain injury, $50,000 at time of claim and $50,000 at end of 6-month period.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(3) The Secretary of Veterans Affairs shall determine the premium amounts to be charged for traumatic injury protection coverage provided under this section.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(f) The Secretary of Defense shall certify whether any member claiming the benefit under this section is eligible.

   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(i) Insurance coverage provided under this section is not convertible to Veterans' Group Life Insurance.".

   Inserted: (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:

   Inserted: "1980A. Traumatic injury protection. ".

   Inserted: (c) Effective Date.--The amendments made by this section shall take effect on the first day of the first month beginning more than 120 days after the date of enactment of this Act.

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   Original wording

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As printed