June 3, 2001 [H.R. 581] Deadline. To authorize the Secretary of the Interior and the Secretary of Agriculture to use funds appropriated for wildland fire management in the Department of the Interior and Related Agencies Appropriations Act, 2001, to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service to facilitate the interagency cooperation required under the Endangered Species Act of 1973 in connection with wildland fire management. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. USE OF WILDLAND FIRE MANAGEMENT FUNDS TO FACILI- The Secretary of the Interior and the Secretary of Agriculture may use funds appropriated for wildland fire management in the Department of the Interior and Related Agencies Appropriations Act, 2001 (Public Law 106-291; 114 Stat. 922), to reimburse the United States Fish and Wildlife Service and the National Marine Fisheries Service for the costs of carrying out their responsibilities under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) to consult and conference, as required by section 7 of such Act (16 U.S.C. 1536), in connection with wildland fire management activities. SEC. 2. SENSE OF CONGRESS; REQUIREMENT REGARDING NOTICE. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS.-In the case of any equipment or products that may be authorized to be purchased using funds provided under section 1, it is the sense of the Congress that entities receiving the funds should, in expending the funds, purchase only American-made equipment and products. (b) NOTICE TO RECIPIENTS OF FUNDS.-In expending funds provided under section 1, the head of each Federal agency receiving such funds shall provide to each recipient of the funds a notice describing the statement made in subsection (a) by the Congress. (c) NOTICE OF REPORT.-Any entity which receives funds under section 1 shall report any expenditures on foreign-made items to the Congress within 180 days of the expenditure. Approved June 3, 2001. LEGISLATIVE HISTORY-H.R. 581: HOUSE REPORTS: No. 107-35 (Comm. on Resources). May 9, considered and passed House. Public Law 107-14 107th Congress An Act To amend title 38, United States Code, to expand eligibility for CHAMPVA, to provide for family coverage and retroactive expansion of the increase in maximum benefits under Servicemembers' Group Life Insurance, to make technical amendments, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (a) SHORT TITLE.-This Act may be cited as the "Veterans' Survivor Benefits Improvements Act of 2001". (b) TABLE OF CONTENTS.-The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. References to title 38, United States Code. Sec. 3. Eligibility for benefits under CHAMPVA for veterans' survivors who are eligible for hospital insurance benefits under the medicare program. Sec. 4. Family coverage under Servicemembers' Group Life Insurance. Sec. 5. Retroactive applicability of increase in maximum SGLI benefit for members Sec. 6. Expansion of outreach efforts to eligible dependents. SEC. 2. REFERENCES TO TITLE 38, UNITED STATES CODE. Except as otherwise expressly provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SEC. 3. ELIGIBILITY FOR BENEFITS UNDER CHAMPVA FOR VETERANS' Subsection (d) of section 1713 is amended to read as follows: "(d)(1)(A) An individual otherwise eligible for medical care under this section who is also entitled to hospital insurance benefits under part A of the medicare program is eligible for medical care under this section only if the individual is also enrolled in the supplementary medical insurance program under part B of the medicare program. "(B) The limitation in subparagraph (A) does not apply to an individual who "(i) has attained 65 years of age as of the date of the enactment of the Veterans' Survivor Benefits Improvements Act of 2001; and June 5, 2001 [H.R. 801] Veterans' 38 USC 101 note. " “(ii) is not enrolled in the supplementary medical insurance program under part B of the medicare program as of that date. "(2) Subject to paragraph (3), if an individual described in paragraph (1) receives medical care for which payment may be made under both this section and the medicare program, the amount payable for such medical care under this section shall be the amount by which (A) the costs for such medical care exceed (B) the sum of “(i) the amount payable for such medical care under the medicare program; and "(ii) the total amount paid or payable for such medical care by third party payers other than the medicare program. "(3) The amount payable under this subsection for medical care may not exceed the total amount that would be paid under subsection (b) if payment for such medical care were made solely under subsection (b). "(4) In this paragraph: "(A) The term medicare program' means the program of health insurance administered by the Secretary of Health and Human Services under title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.). "(B) The term 'third party' has the meaning given that term in section 1729(i)(3) of this title.". SEC. 4. FAMILY COVERAGE UNDER SERVICEMEMBERS' GROUP LIFE INSURANCE. (a) INSURABLE DEPENDENTS.-(1) Section 1965 is amended by adding at the end the following new paragraph: "(10) The term 'insurable dependent', with respect to a member, means the following: "(A) The member's spouse. "(B) The member's child, as defined in the first sentence of section 101(4)(A) of this title.". (2) Section 101(4)(A) is amended in the matter preceding clause (i) by inserting "(other than with respect to a child who is an insurable dependent under section 1965(10)(B) of such chapter)" after "except for purposes of chapter 19 of this title". (b) INSURANCE COVERAGE. (1) Subsection (a) of section 1967 is amended to read as follows: "(a)(1) Subject to an election under paragraph (2), any policy of insurance purchased by the Secretary under section 1966 of this title shall automatically insure the following persons against death: "(A) In the case of any member of a uniformed service on active duty (other than active duty for training)— "(i) the member; and "(ii) each insurable dependent of the member. "(B) Any member of a uniformed service on active duty for training or inactive duty training scheduled in advance by competent authority. "(C) In the case of any member of the Ready Reserve of a uniformed service who meets the qualifications set forth in section 1965(5)(B) of this title "(i) the member; and "(ii) each insurable dependent of the member. “(2)(A) A member may elect in writing not to be insured under this subchapter. "(B) A member may elect in writing not to insure the member's spouse under this subchapter. “(3)(A) Subject to subparagraphs (B) and (C), the amount for which a person is insured under this subchapter is as follows: "(i) In the case of a member, $250,000. "(ii) In the case of a member's spouse, $100,000. "(iii) In the case of a member's child, $10,000. "(B) A member may elect in writing to be insured or to insure the member's spouse in an amount less than the amount provided for under subparagraph (A). The member may not elect to insure the member's child in an amount less than $10,000. The amount of insurance so elected shall, in the case of a member or spouse, be evenly divisible by $10,000. "(C) In no case may the amount of insurance coverage under this subsection of a member's spouse exceed the amount of insurance coverage of the member. "(4)(A) An insurable dependent of a member is not insured under this chapter unless the member is insured under this subchapter. "(B) An insurable dependent who is a child may not be insured at any time by the insurance coverage under this chapter of more than one member. If an insurable dependent who is a child is otherwise eligible to be insured by the coverage of more than one member under this chapter, the child shall be insured by the coverage of the member whose eligibility for insurance under this subchapter occurred first, except that if that member does not have legal custody of the child, the child shall be insured by the coverage of the member who has legal custody of the child. "(5) The insurance shall be effective with respect to a member Effective date. and the insurable dependents of the member on the latest of the following dates: "(A) The first day of active duty or active duty for training. "(B) The beginning of a period of inactive duty training scheduled in advance by competent authority. "(C) The first day a member of the Ready Reserve meets the qualifications set forth in section 1965(5)(B) of this title. "(D) The date certified by the Secretary to the Secretary concerned as the date Servicemembers' Group Life Insurance under this subchapter for the class or group concerned takes effect. "(E) In the case of an insurable dependent who is a spouse, the date of marriage of the spouse to the member. "(F) In the case of an insurable dependent who is a child, the date of birth of such child or, if the child is not the natural child of the member, the date on which the child acquires status as an insurable dependent of the member.". (2) Subsection (c) of such section is amended by striking the first sentence and inserting the following: "If a person eligible for insurance under this subchapter is not so insured, or is insured for less than the maximum amount provided for the person under subparagraph (A) of subsection (a)(3), by reason of an election made by a member under subparagraph (B) of that subsection, the person may thereafter be insured under this subchapter in the maximum amount or any lesser amount elected as provided in such subparagraph (B) upon written application by the member, Termination date. proof of good health of each person (other than a child) to be so insured, and compliance with such other terms and conditions as may be prescribed by the Secretary.". (c) TERMINATION OF COVERAGE.-(1) Subsection (a) of section 1968 is amended— (A) in the matter preceding paragraph (1), by inserting "and any insurance thereunder on any insurable dependent of such a member," after "any insurance thereunder on any member of the uniformed services,”; and (B) by adding at the end the following new paragraph: "(5) With respect to an insurable dependent of the member, insurance under this subchapter shall cease "(A) 120 days after the date of an election made in writing by the member to terminate the coverage; or "(B) on the earliest of— “(i) 120 days after the date of the member's death; “(ii) 120 days after the date of termination of the insurance on the member's life under this subchapter; or "(iii) 120 days after the termination of the dependent's status as an insurable dependent of the member.". (2) Such subsection is further amended (A) in the matter preceding paragraph (1), by striking “, and such insurance shall cease" and inserting "and such insurance shall cease as follows:"; (B) by striking "with" after the paragraph designation in each of paragraphs (1), (2), (3), and (4) and inserting "With”; (C) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking "thirty-one days-" and inserting "31 days, insurance under this subchapter shall cease—"; (ii) in subparagraph (A)— (I) by striking "one hundred and twenty days" after “(A)" and inserting "120 days”; and (II) by striking "prior to the expiration of one hundred and twenty days" and inserting "before the end of 120 days"; and (iii) by striking the semicolon at the end of subparagraph (B) and inserting a period; (D) in paragraph (2)— (i) by striking "thirty-one days" and inserting "31 days,"; (ii) by striking "one hundred and twenty days" both places it appears and inserting "120 days"; and (iii) by striking the semicolon at the end and inserting a period; (E) in paragraph (3)— (i) by inserting a comma after "competent authority"; (ii) by striking "one hundred and twenty days" both places it appears and inserting "120 days"; and (iii) by striking "; and" at the end and inserting a period; and (F) in paragraph (4), by inserting "insurance under this subchapter shall cease" before "120 days after" the first place it appears. |