[Congressional Record Volume 143, Number 156 (Saturday, November 8, 1997)]
[Senate]
[Pages S12204-S12205]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 GROUP HOSPITALIZATION AND MEDICAL SERVICES FEDERAL CHARTER REPEAL ACT

  Mr. CRAIG. I ask unanimous consent the Senate proceed to the 
immediate consideration of Calendar No. 261, H.R. 497.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       A bill (H.R. 497) to repeal the Federal charter of Group 
     Hospitalization and Medical Services, Inc., and for other 
     purposes.

  The PRESIDING OFFICER. Is there objection to the immediate 
consideration of the bill?
  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Governmental 
Affairs, with an amendment to strike all after the enacting clause and 
inserting in lieu thereof the following:

     SECTION 1. CHARTER FOR GROUP HOSPITALIZATION AND MEDICAL 
                   SERVICES, INC.

       The Act entitled ``An Act providing for the incorporation 
     of certain persons as Group Hospitalization and Medical 
     Services, Inc.'', approved August 11, 1939, is amended--
       (1) by inserting after section 9 the following new section:
       ``Sec. 10. The corporation may have 1 class of members, 
     consisting of at least 1 member and not more than 30 members, 
     as determined appropriate by the board of trustees. The 
     bylaws for the corporation shall prescribe the designation of 
     such class as well as the rights, privileges and 
     qualifications of such class, which may include, but shall 
     not be limited to--
       ``(1) the manner of election, appointment or removal of a 
     member of the corporation;
       ``(2) matters on which a member of the corporation has the 
     right to vote; and
       ``(3) meeting, notice, quorum, voting and proxy 
     requirements and procedures.
     If a member of the corporation is a corporation, such member 
     shall be a nonprofit corporation.'';
       (2) by redesignating section 10 as section 11; and
       (3) by adding at the end of section 11 (as so redesignated) 
     the following: ``The corporation

[[Page S12205]]

     may not be dissolved without approval by Congress.''.

     SEC. 2. CONSISTENT COVERAGE FOR INDIVIDUALS ENROLLED IN A 
                   HEALTH PLAN ADMINISTERED BY THE FEDERAL BANKING 
                   AGENCIES.

       (a) Enrollment in Chapter 89 Plan.--For purposes of chapter 
     89 of title 5, United States Code, any period of enrollment 
     shall be deemed to be a period of enrollment in a health 
     benefits plan under chapter 89 of such title, if such 
     enrollment is--
       (1) in a health benefits plan administered by the Federal 
     Deposit Insurance Corporation before the termination of such 
     plan on January 3, 1998; or
       (2) subject to subsection (c), in a health benefits plan 
     (not under chapter 89 of such title) with respect to which 
     the eligibility of any employees or retired employees of the 
     Board of Governors of the Federal Reserve System terminates 
     on January 3, 1998.
       (b) Enrollment; Continued Coverage.--
       (1) Enrollment.--Subject to subsection (c), any individual 
     who, on January 3, 1998, is enrolled in a health benefits 
     plan described in paragraph (1) or (2) of subsection (a) may 
     enroll in an approved health benefits plan under chapter 89 
     of title 5, United States Code, either as an individual or 
     for self and family, if, after taking into account the 
     provisions of subsection (a), such individual--
       (A) meets the requirements of that chapter 89 for 
     eligibility to become so enrolled as an employee, annuitant, 
     or former spouse (within the meaning of that chapter); or
       (B) would meet the requirements of that chapter 89 if, to 
     the extent such requirements involve either retirement system 
     under such title 5, such individual satisfied similar 
     requirements or provisions of the Retirement Plan for 
     Employees of the Federal Reserve System.
       (2) Determinations.--Any determination under paragraph 
     (1)(B) shall be made under guidelines established by the 
     Office of Personnel Management in consultation with the Board 
     of Governors of the Federal Reserve System.
       (3) Continued coverage.--Subject to subsection (c), any 
     individual who, on January 3, 1998, is entitled to continued 
     coverage under a health benefits plan described in paragraph 
     (1) or (2) of subsection (a) shall be deemed to be entitled 
     to continued coverage under section 8905a of title 5, United 
     States Code, but only for the same remaining period as would 
     have been allowable under the health benefits plan in which 
     such individual was enrolled on January 3, 1998, if--
       (A) the individual had remained enrolled in that plan; and
       (B) that plan did not terminate, or the eligibility of such 
     individual with respect to that plan did not terminate, as 
     described in subsection (a).
       (4) Comparable treatment.--Subject to subsection (c), any 
     individual (other than an individual under paragraph (3)) 
     who, on January 3, 1998, is covered under a health benefits 
     plan described in paragraph (1) or (2) of subsection (a) as 
     an unmarried dependent child, but who does not then qualify 
     for coverage under chapter 89 of title 5, United States Code, 
     as a family member (within the meaning of that chapter) shall 
     be deemed to be entitled to continued coverage under section 
     8905a of that title, to the same extent and in the same 
     manner as if such individual had, on January 3, 1998, ceased 
     to meet the requirements for being considered an unmarried 
     dependent child of an enrollee under such chapter.
       (5) Effective date.--Coverage under chapter 89 of title 5, 
     United States Code, pursuant to an enrollment under this 
     section shall become effective on January 4, 1998.
       (c) Eligibility for FEHBP Limited to Individuals Losing 
     Eligibility Under Former Health Plan.--Nothing in subsection 
     (a)(22) or any paragraph of subsection (b) (to the extent 
     that paragraph (2) relates to the plan described in 
     subsection (a)(2)) shall be considered to apply with respect 
     to any individual whose eligibility for coverage under the 
     plan does not involuntarily terminate on January 3, 1998.
       (d) Transfers to the Employees Health Benefits Fund.--The 
     Federal Deposit Insurance Corporation and the Board of 
     Governors of the Federal Reserve System shall transfer to the 
     Employees Health Benefits Fund, under section 8909 of title 
     5, United States Code, amounts determined by the Director of 
     the Office of Personnel Management after consultation with 
     the Federal Deposit Insurance Corporation and the Board of 
     Governors of the Federal Reserve System, to be necessary to 
     reimburse the Fund for the cost of providing benefits under 
     this section not otherwise paid for by the individuals 
     covered by this section. The amounts so transferred shall be 
     held in the Fund and used by the Office of Personnel 
     Management in addition to amounts available under section 
     8906(g)(1) of title 5, United States Code.
       (e) Administration and Regulations.--The Office of 
     Personnel Management--
       (1) shall administer the provisions of this section to 
     provide for--
       (A) a period of notice and open enrollment for individuals 
     affected by this section; and
       (B) no lapse of health coverage for individuals who enroll 
     in a health benefits plan under chapter 89 of title 5, United 
     States Code, in accordance with this section; and
       (2) may prescribe regulations to implement this section.
       Amend the title so as to read: ``An Act to amend the 
     Federal charter for Group Hospitalization and Medical 
     Services, Inc., and for other purposes.''.
       Passed the House of Representatives February 26, 1997.
       Attest:
                                                   Robin H. Carle,
                                                            Clerk.


                           Amendment No. 1616

               (Purpose: To make a technical correction)

  Mr. CRAIG. Senator Thompson has a technical amendment at the desk, 
and I ask for its consideration.
  The PRESIDING OFFICER. The clerk will report.
  The legislative clerk read as follows:

       The Senator from Idaho [Mr. Craig], for Mr. Thompson, 
     proposes an amendment numbered 1616.
  The amendment is as follows:

       On page 8, line 15, strike ``(2)''.

  The PRESIDING OFFICER. The question is on agreeing to the amendment.
  The amendment (No. 1616) was agreed to.
  Mr. CRAIG. I ask unanimous consent the committee amendment, as 
amended, be agreed to, the bill be considered read the third time and 
passed, the motion to reconsider be laid upon the table, the title 
amendment be agreed to, and any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment, as amended, was agreed to.
  The bill (H.R. 497) was considered read the third time and passed.

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