[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1631 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1631

To amend title 5, United States Code, to make coverage under the health 
benefits program for Federal employees available to military dependents 
             and military retirees, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 1997

   Mr. Mica introduced the following bill; which was referred to the 
 Committee on Government Reform and Oversight, and in addition to the 
    Committee on National Security, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 5, United States Code, to make coverage under the health 
benefits program for Federal employees available to military dependents 
             and military retirees, 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.

    This Act may be cited as the ``Military Health Care Choice Act of 
1997''.

SEC. 2. ELIGIBILITY.

    (a) In General.--Chapter 89 of title 5, United States Code, is 
amended by adding at the end the following:
``Sec. 8915. Military dependents and military retirees
    ``(a) Extension of Coverage.--The Office of Personnel Management, 
in consultation with the appropriate Secretaries, shall take such steps 
as may be necessary in order to make benefits under this chapter 
available to military retirees, military dependents, and others, in 
accordance with this section.
    ``(b) Election of Coverage Under This Chapter Instead of Chapter 55 
of Title 10.--
            ``(1) Elections available.--
                    ``(A) To an active duty member.--A member of a 
                regular component of the Armed Forces on active duty 
                who is entitled to medical and dental care under 
                section 1074(a) of title 10 may enroll such member's 
                qualified dependents in an approved health benefits 
                plan described by section 8903 or 8903a, under either--
                            ``(i) an enrollment for all qualified 
                        dependents; or
                            ``(ii) a single qualified dependent 
                        enrollment, except that such an enrollment--
                                    ``(I) shall not be available 
                                unless, at the time of enrollment, the 
                                member has only 1 qualified dependent; 
                                and
                                    ``(II) shall not be transferable.
                    ``(B) To a military retiree.--A member or former 
                member of the Armed Forces who is eligible for medical 
                and dental care under section 1074(b) of title 10 (or 
                who would be so eligible, but for section 1073a(b) of 
                title 10) may enroll in an approved health benefits 
                plan described by section 8903 or 8903a, either--
                            ``(i) as an individual; or
                            ``(ii) for self and all qualified 
                        dependents.
                    ``(C) To a surviving dependent.--A survivor of a 
                member or former member under subparagraph (A) or (B) 
                who, at the time of death of such member or former 
                member, was enrolled in an approved health benefits 
                plan described by section 8903 or 8903a as a qualified 
                dependent of such member or former member may continue 
                his or her enrollment under the conditions of 
                eligibility prescribed by regulations of the Office.
                    ``(D) To a former spouse.--A former spouse of a 
                member or former member under subparagraph (A) or (B) 
                may, with respect to any period during which such 
                former spouse would otherwise be ineligible for medical 
                or dental care under chapter 55 of title 10 by reason 
                of section 1073a(b) of such title, enroll in an 
                approved health benefits plan described by section 8903 
                or 8903a, either--
                            ``(i) as an individual; or
                            ``(ii) for self and all qualified 
                        dependents (subject to restrictions similar to 
                        those set forth in section 8905(c)(2)(B)).
                    ``(E) To a person with continued coverage under 
                section 1078a of title 10.--The Office, in consultation 
                with the appropriate Secretaries, shall prescribe 
                regulations under which an election under this section 
                shall be available to persons to whom section 1078a of 
                title 10 would otherwise apply.
            ``(2) Circumstances in which an election is allowed or not 
        allowed.--
                    ``(A) Elections allowed.--An election under 
                paragraph (1) shall be allowed--
                            ``(i) during the open enrollment period 
                        immediately preceding the first contract year 
                        beginning after the end of the 12-month period 
                        beginning on the date of the enactment of the 
                        Military Health Care Choice Act of 1997 and the 
                        open enrollment period occurring every third 
                        year thereafter; and
                            ``(ii) at such other times and under such 
                        conditions as the Office may prescribe.
                    ``(B) Elections not allowed.--Notwithstanding any 
                other provision of this section, an election under 
                paragraph (1) shall not be allowed if not permitted by 
                reason of section 1073a(c)(2) of title 10.
            ``(3) Definition of a qualified dependent.--For the purpose 
        of this section, the term `qualified dependent', as used with 
        respect to an active duty member, a military retiree, or any 
        other person, means an individual who--
                    ``(A) is a member of the family of such person (as 
                determined under regulations of the Office similar to 
                the provisions of section 8901(5)); and
                    ``(B) would then qualify as a covered beneficiary 
                under chapter 55 of title 10, if the Military Health 
                Care Choice Act of 1997 had never been enacted.
            ``(4) Definition of a former spouse.--
                    ``(A) In general.--Notwithstanding section 
                8901(10), for purposes of this section, the term 
                `former spouse', with respect to a member or former 
                member under paragraph (1)(A) or (B), means a former 
                spouse of such member or former member--
                            ``(i) who has not remarried before age 55 
                        after the marriage to the member or former 
                        member was dissolved;
                            ``(ii) who was enrolled in an approved 
                        health benefits plan under this chapter based 
                        on that individual's relationship to such 
                        member or former member at any time during the 
                        18-month period before the date of dissolution 
                        of their marriage; and
                            ``(iii)(I) who is receiving (or is entitled 
                        to) any portion of retired or retainer pay 
                        under section 1408 of title 10, or of an 
                        annuity under section 1450(f)(4) of title 10, 
                        which is based on the service of such member or 
                        former member; or
                            ``(II) as to whom an election under section 
                        1448 of title 10 has been made by such member 
                        or former member.
                    ``(B) Special rules.--
                            ``(i) If dissolution occurred before 
                        coverage under this chapter first became 
                        available.--In any instance in which the date 
                        of dissolution of marriage precedes the date on 
                        which elections under this section first become 
                        available, clause (ii) of subparagraph (A) 
                        shall be waived in the case of any individual 
                        who satisfies the requirements of subparagraph 
                        (F), (G), or (H) of section 1072(2) of title 10 
                        with respect to the member or former member 
                        involved.
                            ``(ii) If coverage was precluded solely by 
                        limitation on total number of elections 
                        allowable under this section.--Clause (ii) of 
                        subparagraph (A) shall be considered to have 
                        been met in the case of any individual who 
                        would have satisfied such clause, based on an 
                        election properly filed under subsection 
                        (b)(1), but for the fact that such election was 
                        not allowed to take effect solely by reason of 
                        subsection (i).
    ``(c) Effect on Eligibility for Care Under Title 10.--

                                ``For provisions relating to the effect 
that an election under subsection (b)(1) has with respect to coverage 
under chapter 55 of title 10, see section 1073a(b) of such title.
    ``(d) Benefits To Be Provided Under This Chapter.--
            ``(1) In general.--The coverage provided to a covered 
        beneficiary enrolled in a health benefits plan under this 
        chapter shall--
                    ``(A) if the covered beneficiary is the individual 
                making the election of coverage under subparagraph (B), 
                (C), (D), or (E) of subsection (b)(1), be the same as 
                for an employee enrolled in the same health benefits 
                plan and level of benefits; and
                    ``(B) in the case of any other covered beneficiary, 
                be the same as for an individual enrolled in the same 
                health benefits plan and level of benefits as a family 
                member of an employee.
            ``(2) Right to participate fully.--The Office shall ensure 
        that, to the extent feasible, once an election under subsection 
(b)(1) is made, then, until such election is terminated, the electing 
individual and all covered beneficiaries of such individual (determined 
in the same manner as under section 1073a(b)(1)(B) of title 10) shall 
remain eligible to change plans, commence or terminate coverage, and 
otherwise participate in the program under this chapter, to the same 
extent and in the same manner as employees and their family members 
(consistent with the requirements of this section).
    ``(e) Dual Coverage Not Permitted.--The Office, together with the 
appropriate Secretaries, shall take such steps as may be necessary to 
prevent any instance of dual coverage (whether under this chapter alone 
or taking chapter 55 of title 10 into account) which is not otherwise 
precluded by law.
    ``(f) Charges.--Charges for enrollments under this section shall be 
fixed in accordance with the following:
            ``(1) Individual coverage.--The total charges for an 
        individual enrollment under subsection (b)(1) (including a 
        single qualified dependent enrollment under subsection 
        (b)(1)(A)(ii)) shall be the same as for an employee enrolled in 
        the same health benefits plan and level of benefits for self 
        alone.
            ``(2) Family coverage.--The total charges for any 
        enrollment under this section, other than an enrollment to 
        which paragraph (1) applies, shall be the same as for an 
        employee enrolled in the same health benefits plan and level of 
        benefits for self and family.
    ``(g) Contributions.--
            ``(1) By an individual.--
                    ``(A) In general.--The amount necessary to pay the 
                total charges for enrollment under this section, after 
                the Government contribution under paragraph (2) is 
                deducted (if any), shall be borne by the electing 
                individual under subsection (b)(1).
                    ``(B) Method of payment.--Payments under this 
                paragraph shall be made in accordance with the 
                following:
                            ``(i) Active duty member.--If the election 
                        is made under subsection (b)(1)(A), by 
                        withholdings from pay of the electing 
                        individual.
                            ``(ii) Military retiree.--If the election 
                        is made under subsection (b)(1)(B), by 
                        withholdings from retired or retainer pay of 
                        the electing individual, subject, if necessary, 
                        to arrangements similar to those under section 
                        8906(i).
                            ``(iii) Other cases.--If the election is 
                        made by an individual other than an individual 
                        referred to in clause (i) or (ii), under such 
                        arrangements as the Office shall prescribe.
            ``(2) By the government.--
                    ``(A) In general.--Each of the appropriate 
                Secretaries may, in that Secretary's sole discretion 
                and for purposes of individuals under the jurisdiction 
                of that Secretary, specify whether any Government 
                contributions will be made toward meeting the 
                subscription charge for coverage elected under 
                subsection (b)(1), and, if so, at what level.
                    ``(B) Restrictions.--No Government contribution 
                under this paragraph shall be payable--
                            ``(i) to defray any charges other than 
                        those that would otherwise be borne by an 
                        electing individual under subsection (b)(1)(A) 
                        or (B); or
                            ``(ii) in an amount greater than the amount 
                        of the Government contribution which would be 
                        payable under this section on behalf of an 
                        employee enrolled in the same health benefits 
                        plan and level of benefits--
                                    ``(I) for self alone (in the case 
                                of an enrollment to which subsection 
                                (f)(1) applies); or
                                    ``(II) for self and family (in the 
                                case of any other enrollment).
                    ``(C) Notice.--A decision under subparagraph (A) 
                shall be conclusive and not subject to subchapter II of 
                chapter 5. Notice of any such decision shall be 
                provided to the Office in such time, form, and manner 
                as the Office shall by regulation prescribe.
                    ``(D) Procedures.--Any contributions under this 
                paragraph shall be made under such arrangements as may 
                be agreed to by the Office and the Secretary involved, 
                and may be made from any funds otherwise available to 
                such Secretary for such purpose.
    ``(h) Termination.--An election made by an individual under 
subsection (b)(1) shall terminate upon the occurrence of any of the 
following:
            ``(1) An election to have coverage under title 10 
        restored.--The taking effect of an election under section 
        1073a(c)(1) of title 10 by such individual.
            ``(2) Any other terminating event.--Any other event which 
        the Office may, in consultation with the appropriate 
        Secretaries, by regulation prescribe.
    ``(i) Temporary Limitations.--
            ``(1) In general.--Effective with respect to the first 3 
        contract years to which this section applies, elections under 
        this section shall be permitted only to the extent that they 
        would not cause the total number of elections in effect under 
        this section (irrespective of the number of individuals 
        affected by those elections) at any time to exceed--
                    ``(A) 100,000 during the first such contract year;
                    ``(B) 200,000 during the second such contract year; 
                or
                    ``(C) 400,000 during the third such contract year.
            ``(2) Coordination.--The Office shall issue guidelines in 
        accordance with which the appropriate Secretaries shall arrange 
        for any coordination of efforts needed in order to comply with 
        the limitations under paragraph (1).
            ``(3) Randomization.--An election under subsection (b)(1) 
        may not be denied, by reason of this subsection, based on any 
        factor other than when such election is made.
    ``(j) Information to Eligibles.--The Office shall be responsible 
for carrying out the requirements of section 8907 with respect to all 
individuals who may be affected by this section. Upon request of the 
Office, the appropriate Secretaries shall furnish such information as 
the Office requires to carry out this subsection.
    ``(k) Regulations.--Any regulations necessary to carry out this 
section shall be prescribed by the Office, in consultation with the 
appropriate Secretaries. Such regulations shall include provisions 
under which contracts under this chapter may provide for benefits and 
coverage, to persons covered by a health benefits plan pursuant to an 
election under this section, for care and treatment received through a 
military facility.''.
    (b) Chapter Analysis.--The analysis for chapter 89 of title 5, 
United States Code, is amended by adding at the end the following:

``8915. Military dependents and military retirees''.

SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED STATES CODE.

    (a) Effect of Enrollment.--Chapter 55 of title 10, United States 
Code, is amended by inserting after section 1073 the following new 
section:
``Sec. 1073a. Coverage under Federal employee heath benefits program: 
              effect of enrollment, termination
    ``(a) Availability of Coverage.--Pursuant to section 8915 of title 
5, covered beneficiaries may become enrolled in an approved health 
benefits plan under chapter 89 of title 5 in lieu of obtaining medical 
or dental care as otherwise provided under this chapter.
    ``(b) Effect of Enrollment.--(1) If coverage under chapter 89 of 
title 5 is elected under section 8915(b)(1) of such title, then, until 
such election is terminated, all rights to medical or dental care under 
this chapter shall cease with respect to--
            ``(A) the individual making the election; and
            ``(B) all covered beneficiaries of such individual (whether 
        or not actually enrolled in a health benefits plan under 
        chapter 89 of title 5), as identified under regulations 
        prescribed under section 8915 of title 5.
    ``(2) Nothing in paragraph (1) shall affect--
            ``(A) any right of a member of the uniformed services on 
        active duty to obtain medical or dental care or any other 
        benefit for the member under this chapter; or
            ``(B) the eligibility of a covered beneficiary to obtain 
        medical or dental care or any other benefit under this chapter, 
        if--
                    ``(i) such eligibility is based on the relationship 
                of the covered beneficiary to an individual other than 
                an electing individual under section 8915(b)(1) of 
                title 5; and
                    ``(ii) the covered beneficiary is not enrolled in a 
                health benefits plan under chapter 89 of title 5.
    ``(c) Restoration of Coverage Under This Chapter.--(1) An 
individual making an election under section 8915 of title 5 may, after 
the expiration of a 3-year exclusionary period similar to the one 
described in paragraph (2) (including exceptions thereunder), elect to 
restore coverage under this chapter for all persons who would then 
otherwise be ineligible therefor by reason of such individual's earlier 
election under title 5. Restoration of coverage under this chapter 
terminates eligibility for coverage under chapter 89 of title 5 on the 
part of the persons whose coverage is so restored.
    ``(2) If eligibility for coverage under chapter 89 of title 5 is 
terminated by an election under paragraph (1), the electing individual 
may not make a subsequent election under section 8915 of title 5 if 
coverage under such chapter would (but for this paragraph) take effect 
within the 3-year period beginning on the effective date of the 
termination referred to in paragraph (1). The Office of Personnel 
Management, in consultation with the appropriate administering 
Secretaries, may provide exceptions to this 3-year exclusionary 
period.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter is amended by inserting after the item relating to section 
1073 the following new item:

``1073a. Coverage under Federal employee heath benefits program: effect 
                            of enrollment, termination.''.

SEC. 4. TECHNICAL AND CONFORMING PROVISIONS RELATING TO TITLE 5.

    (a) References to Enrollees.--
            (1) References that include family members.--
                    (A) In general.--Any reference to persons enrolled 
                in a health benefits plan under chapter 89 of title 5, 
                United States Code (including family members), made in 
                any provision of law identified under subparagraph (B), 
                shall be considered to include individuals who become 
                so enrolled pursuant to section 8915 of such title 
                (including dependents).
                    (B) Citations.--The provisions identified under 
                this subparagraph are as follows:
                            (i) Sections 8902(g), 8902(j), 8902(k)(1), 
                        8902a(a)(1)(B), 8903(1), and the first sentence 
                        of 8913(c) of such title.
                            (ii) Such other provisions of law as the 
                        Office of Personnel Management may by 
                        regulation identify for purposes of this 
                        paragraph.
            (2) References that do not include family members.--
                    (A) In general.--Any reference to persons enrolled 
                in a health benefits plan under chapter 89 of such 
                title (excluding family members), made in any provision 
                of law identified under subparagraph (B), shall be 
                considered to include individuals who become so 
                enrolled pursuant to section 8915 of such title 
                (excluding dependents).
                    (B) Citations.--The provisions identified under 
                this subparagraph are as follows:
                            (i) Sections 8902(e), 8905(f)(1)-(2), and 
                        8909(d) of such title.
                            (ii) Such other provisions of law as the 
                        Office of Personnel Management may by 
                        regulation identify for purposes of this 
                        paragraph.
    (b) Employees Health Benefits Fund.--The first sentence of section 
8909(a) of title 5, United States Code, is amended by striking 
``section 8906 of this title'' and inserting ``section 8906 and 8915, 
respectively,''.

SEC. 5. DEFINITIONS.

    Section 8901 of title 5, United States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (10);
            (2) by striking the period at the end of paragraph (11) and 
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(12) `appropriate Secretaries' means--
                    ``(A) the Secretary of Defense; and
                    ``(B) the Secretary of Transportation, for purposes 
                of the Coast Guard when the Coast Guard is not 
                operating as a service in the Navy;
            ``(13) `military retiree' means a member or former member 
        of the armed forces described in section 8915(b)(1)(B);
            ``(14) `military dependent' means a covered beneficiary 
        (other than a military retiree) who is eligible for coverage 
        under this chapter by virtue of being a dependent of an active 
        duty member or of a military retiree;
            ``(15) `covered beneficiary' has the meaning given that 
        term by section 1072(5) of title 10, subject to such 
        modifications as the Office may by regulation prescribe for 
        purposes of carrying out section 8915 (and other provisions of 
        this chapter in connection therewith);
            ``(16) `active duty member' means a member of the armed 
        forces described in section 8915(b)(1)(A);
            ``(17) `qualified dependent' has the meaning given that 
        term by section 8915(b)(3); and
            ``(18) `open enrollment period' means a period provided for 
        under section 8905(f)(1).''.
                                 <all>