Page:United States Statutes at Large Volume 119.djvu/275

 PUBLIC LAW 109–13—MAY 11, 2005

119 STAT. 257

TRAUMATIC INJURY PROTECTION

SEC. 1032. 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: ‘‘§ 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;

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