Page:United States Statutes at Large Volume 120.djvu/445

 120 STAT. 414

Regulations. 38 USC 1980A note.

VerDate 14-DEC-2004

10:20 Jul 12, 2007

PUBLIC LAW 109–233—JUNE 15, 2006

‘‘(f) When a claim for benefits is submitted under this section, the Secretary of Defense or, in the case of a member not under the jurisdiction of the Secretary of Defense, the Secretary concerned, shall certify to the Secretary whether the member with respect to whom the claim is submitted— ‘‘(1) was at the time of the injury giving rise to the claim insured under Servicemembers’ Group Life Insurance for the purposes of this section; and ‘‘(2) has sustained a qualifying loss.’’. (7) Subsection (g) of such section is amended— (A) by inserting ‘‘(1)’’ after ‘‘(g)’’; (B) by striking ‘‘will not be made’’ and inserting ‘‘may not be made under the insurance coverage under this section’’; (C) by striking ‘‘the period’’ and all that follows through ‘‘the date’’ and inserting ‘‘a period prescribed by the Secretary, by regulation, for such purpose that begins on the date’’; (D) by designating the second sentence as paragraph (2); (E) by striking ‘‘If the member’’ and inserting ‘‘If a member eligible for a payment under this section’’; (F) by striking ‘‘will be’’ and inserting ‘‘shall be’’; and (G) by striking ‘‘according to’’ and all that follows and inserting ‘‘to the beneficiary or beneficiaries to whom the payment would be made if the payment were life insurance under section 1967(a) of this title.’’. (8) Subsection (h) of such section is amended— (A) in the first sentence, by striking ‘‘member’s separation from the uniformed service’’ and inserting ‘‘termination of the member’s duty status in the uniformed services that established eligibility for Servicemembers’ Group Life Insurance’’; (B) by striking the second sentence; and (C) by adding at the end the following new sentence: ‘‘The termination of coverage under this section is effective in accordance with the preceding sentence, notwithstanding any continuation after the date specified in that sentence of Servicemembers’ Group Life Insurance coverage pursuant to 1968(a) of this title for a period specified in that section.’’. (9) Such section is further amended by adding at the end the following new subsection: ‘‘(j) Regulations under this section shall be prescribed in consultation with the Secretary of Defense.’’. (b) APPLICABILITY TO QUALIFYING LOSSES INCURRED IN OPERATION ENDURING FREEDOM AND OPERATION IRAQI FREEDOM BEFORE EFFECTIVE DATE OF NEW PROGRAM.— (1) ELIGIBILITY.—A member of the uniformed services who during the period beginning on October 7, 2001, and ending at the close of November 30, 2005, sustains a traumatic injury resulting in a qualifying loss is eligible for coverage for that loss under section 1980A of title 38, United States Code, 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.

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