[Congressional Record Volume 146, Number 1 (Monday, January 24, 2000)]
[Senate]
[Pages S37-S40]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 2000. A bill for the relief of Guy Taylor; to the Committee on the
Judiciary.
PRIVATE RELIEF LEGISLATION
Mrs. FEINSTEIN. Mr. President, I am pleased to offer today,
legislation that would provide lawful permanent residence status to Guy
Taylor, a Canadian national who was orphaned at age 16. Guy is now 18.
Guy Taylor was born in Canada but spent the first half of his life in
the United States attending school and living with his mother. Guy's
father died before he was born. In the summer of 1998, his mother died
of a drug overdose. This left him without any other family except for
his extensive family in Southern California.
Upon his mother's death, Guy's grandmother, Oleta Hansen, flew to
Canada to secure her daughter's body and bring her grandchild back to
the United States.
The Immigration and Naturalization Service (INS) allowed Guy to
temporarily enter the United States by granting him a one-year
humanitarian parole. Once the parole expired, the INS extended for one
more year. This is a very rare act on the INS' part.
Initially, Guy had sought to obtain permanent resident status by
being declared a dependent of a United States court. However, the
Orange County, California Social Services referee declined to name Guy
a court dependent because he was considered to be under the
guardianship of his grandmother.
Because the INS has declared Guy too old to be a dependent of his
grandmother, Guy is unable to obtain permanent residence in the United
States. Immigration law prohibits permanent legal residency to minor
children under the age of twenty-one without their parents.
Guy's dream is to join the United States Army. Although Guy's Army
recruiter said he has successfully tested and is qualified for
enlistment, without permanent resident status, Guy will be unable to
join.
Today Guy, a first-year college student and a young man willing to
fight for his adopted country, faces deportation.
News about this young man's imminent deportation has shaken the
community in southern California. More than 1,000 of Guy's friends and
neighbors have signed a petition calling for legislation on his behalf.
I hope you support this bill so that we can help Guy rebuild his life
and continue to contribute to his community in the United States.
Mr. President, I also ask unanimous consent that the bill and a
recent news article depicting the compelling circumstances of Guy
Taylor's life be printed in the Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2000
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PERMANENT RESIDENT STATUS FOR GUY TAYLOR.
(a) In General.--Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act, Guy
Taylor shall be eligible for issuance of an immigrant visa or
for adjustment of status to that of an alien lawfully
admitted for permanent residence upon filing an application
for issuance of an immigrant visa under section 204 of such
Act or for adjustment of status to lawful permanent resident.
(b) Adjustment of Status.--If Guy Taylor enters the United
States before the filing deadline specified in subsection
(c), he shall be considered to have entered and remained
lawfully and shall, if otherwise eligible, be eligible for
adjustment of status under section 245 of the Immigration and
Nationality Act as of the date of enactment of this Act.
(c) Deadline for Application and Payment of Fees.--
Subsections (a) and (b) shall apply only if the application
for issuance of an immigrant visa or the application for
adjustment of status are filed with appropriate fees within 2
years after the date of enactment of this Act.
(d) Reduction of Immigrant Visa Number.--Upon the granting
of an immigrant visa or permanent residence to Guy Taylor,
the Secretary of State shall instruct the proper officer to
reduce by one, during the current or next following fiscal
year, the total number of immigrant visas that are made
available to natives of the country of the alien's birth
under section 203(a) of the Immigration and Nationality Act
or, if applicable, the total number of immigrant visas that
are made available to natives of the country of the alien's
birth under section 202(e) of such Act.
One Last Hope for Teenager Who Deserves a Break
(By Mike Downey)
The calls and letters came in regularly for a while.
``So what became of Guy Taylor?'' ``Whatever happened to
that poor kid from Orange County they were trying to kick out
of the country?'' It was a story that amazed people, confused
people. How could an orphan be ordered to leave his
grandparents in the United States and be required to live
where he has no family at all?
Eventually, though, everyone forgot Guy and got on with
their own lives. The news crews were gone, because nothing
was new. No politician came through for Guy in the nick of
time, here in a land where campaign speeches preach family
values. No loophole in the law was located. No judge found it
in his heart to cite extenuating circumstances for a boy who
had done nothing wrong.
Guy Taylor could have a country without a home, but no home
without a country.
He was born in Canada. He was 16 when his mother died. (The
father's identify is unknown.) He celebrated his 17th
birthday and high school graduation in Garden Grove, where he
came to live with his grandparents. The law said they could
be Guy's guardians but not legally adopt him. A judge refused
in July to make him a ward of the court, because he was too
old.
Unable to establish permanent residence and gain a green
card, Guy, who turned 18 a few weeks ago, faces expulsion
from the United States.
``What will you do?'' he is asked.
``I try not to think about it,'' he says.
Actually, it is unfair to say that Guy Taylor has been
forgotten by all. Not long ago, for example, a United Parcel
Service deliveryman was making his rounds in downtown Los
Angeles when he spotted Carl Shusterman.
``Hey, aren't you the lawyer who represented that nice kid
they were trying to deport to Canada?'' the UPS guy inquired.
``Yes, that's me,'' Shusterman said.
``Whatever happened to him?''
Susterman still hears this question here and there. This
case isn't typical of the immigration cases he usually
handles. It touched a nerve.
Guy's mother died in Canada from a drug overdose. His
grandmother was 17 when she gave birth there. Here's where it
gets complicated: To adopt a grandson, the law stipulates she
needed to be a U.S. citizen before giving birth (which she
was), needed to live in the U.S. for 10 years before giving
birth (which she did), but five of those 10 years had to
follow her 14th birthday (which they didn't).
The family has tried everything it can think of, including
petitions and appeals to politicians, to keep Guy here.
``Show him your Native American card,'' Shusterman tells
him in his law office.
Guy slides a laminated badge across a conference table.
Issued by the U.S. Department of the Interior, Bureau of
Indian affairs, it identifies Guy Douglas Taylor as
officially being of ``\1/32\nd Choctaw'' heritage.
[[Page S38]]
Since exemptions are given to Native Americans in
immigration matters, Guy's grandmother, Oleta Hansen, who has
some Choctaw blood in her, figured it was worth a try. That's
how desperate she and her husband, Charles, are to keep their
grandson from being sent away. Unfortunately, it wasn't quite
enough Choctaw blood.
The best--perhaps last--chance for Guy could be Sen. Dianne
Feinstein, who could introduce a private bill to Congress on
the boy's behalf. Her office has been receptive, Shusterman
says. And such a bill is not without precedent. Earlier this
year, Rep. Bill McCollum (R.-Fla.) proposed one on behalf of
Robert Anthony Broley, a 32-year-old felon deported to Canada
after serving four years in a Florida prison on 13 counts,
including forgery and theft.
Shusterman does not believe it a coincidence that Broley's
father is the Republican Party treasurer in McCollum's home
district.
``How about a young guy right here,'' Shusterman says of
the boy by his side, ``who's been in no trouble at all?''
So here sits Guy, in need of a holiday miracle.
A temporary visa was extended one last time, to next
summer. He takes classes at Cypress College and wants to join
the U.S. Army, but can't without a green card.
``He's a good boy who does his schoolwork and his chores,''
his grandmother says. ``We're all he has left I was born
here. My husband was born here. We want our grandson here
with us.''
They were with him at lunch Tuesday, when that same UPS
driver happened by.
``Remember that nice kid you asked me about?'' Shusterman
said. ``This is him.''
By Mrs. FEINSTEIN:
S. 2002. A bill for the relief of Tony Lara; to the Committee on the
Judiciary.
PRIVATE RELIEF LEGISLATION
Mrs. FEINSTEIN. Mr. President, I am pleased to offer today,
legislation to provide lawful permanent residence status to Tony Lara,
a remarkable young man from El Salvador who has lived in the United
States since he was 10 years old.
Tony's story is particularly compelling. In less than twenty years of
this young man's life, Tony has faced one tragic setback after another.
However, through his optimism, intelligence, and hard work, he has
bravely confronted challenges that most would view as insurmountable.
In spite of enormous odds, Tony has become a high school graduate, a
California State Wrestling Champion and an inspiration to his
community.
An unfortunate chapter in Tony's story is that he faces deportation
and separation from his younger sister because at age nineteen, Tony is
an orphan. Immigration law prohibits permanent legal residency to minor
children under the age of twenty-one without their parents.
Ten years ago, Tony Lara and his younger sister Olga were brought to
the United States by their parents who were fleeing the civil war in El
Salvador. That same year, Tony's mother was deported back to El
Salvador. She tragically died in a drowning accident while trying to
reenter the United States. Tony's father turned to drugs, abandoned his
children and was eventually deported in 1994. He has not heard from him
since. At age 11, Tony became a surrogate father to his younger sister.
Tony and his sister were taken in by an uncle who had neglected to
care for them. Eventually, Tony's neighbors, Philip and Linda Bracken,
invited the children to live with them. The Brackens later adopted
Olga, who now has permanent residency in this country. The couple
lacked the resources, however, to adopt Tony and at age 16, Tony was
left without a home.
Unfortunately, the adults to which Tony turned for advice counseled
against turning himself in to the Department of Children Services. They
feared he could be deported and would never see his sister again. Tony
could not bear losing the only family he had left; thus he remained on
his own.
In 1996, Tony met his high school's wrestling coach, Terrence Fisher.
Mr. Fisher knew little about Tony's circumstances, but he noticed his
slight build and extreme sadness. When the coach had discovered Tony
was homeless and hungry, he invited him to live with his family. Mr.
Fisher also invited Tony to try out for the school's wrestling team.
Although he had never wrestled before, Tony was truly a natural.
By his senior year, Tony had worked hard and captured the California
state wresting championship for his age group and weight class. He had
also excelled socially and academically. After Tony graduated from high
school, he continued to win wrestling championships and has become a
role model in his community. He is continuing his education by studying
business at West Valley Occupational Center.
Tony has been featured on two television programs. In 1998, he was
featured on an NBC news program called ``Beating the Odds,'' which was
about young people of great achievement who have overcome enormous
obstacles. Last year, Tony was featured on a Univision hour-long
special program, which also spoke to Tony's special circumstances.
I can think of no one more deserving of permanent residency in this
country.
Mr. President, I ask unanimous consent that the attached bill be
entered into the record with this statement.
Mr. President, I also ask unanimous consent that the bill and a
letter from Terrence Fisher, high school coach, which illustrates the
compelling nature of young man's circumstance, be printed in the
Record.
There being no objection, the material was ordered to be printed in
the Record, as follows:
S. 2002
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PERMANENT RESIDENT STATUS FOR TONY LARA.
(a) In General.--Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act, Tony Lara
shall be eligible for issuance of an immigrant visa or for
adjustment of status to that of an alien lawfully admitted
for permanent residence upon filing an application for
issuance of an immigrant visa under section 204 of such Act
or for adjustment of status to lawful permanent resident.
(b) Adjustment of Status.--If Tony Lara enters the United
States before the filing deadline specified in subsection
(c), he shall be considered to have entered and remained
lawfully and shall, if otherwise eligible, be eligible for
adjustment of status under section 245 of the Immigration and
Nationality Act as of the date of enactment of this Act.
(c) Deadline for Application and Payment of Fees.--
Subsections (a) and (b) shall apply only if the application
for issuance of an immigrant visa or the application for
adjustment of status are filed with appropriate fees within 2
years after the date of enactment of this Act.
(d) Reduction of Immigrant Visa Number.--Upon the granting
of an immigrant visa or permanent residence to Guy Taylor,
the Secretary of State shall instruct the proper officer to
reduce by one, during the current or next following fiscal
year, the total number of immigrant visas that are made
available to natives of the country of the alien's birth
under section 203(a) of the Immigration and Nationality Act
or, if applicable, the total number of immigrant visas that
are made available to natives of the country of the alien's
birth under section 202(e) of such Act.
____
Terrence Fisher,
Northridge, CA, September 12, 1999.
Senator Dianne Feinstein,
Hart Senate Building,
Washington, DC.
Dear Senator Feinstein: I am a United States citizen and
reside with my wife and children in Northridge, California.
For the past nine years, I have taught music and coached
wrestling, football, and track at El Camino High School in
Woodland Hills, California. I write to ask your help in
sponsoring a private bill to grant Gerardo (``Tony'') Lara
permanent residency.
Tony is a nineteen year old national of El Salvador who has
resided in this country since 1990, and against all odds, has
become a high school graduate and California State Wrestling
Champion. In 1990, Tony and his sister Olga were brought to
the United States by their parents who were fleeing civil
war. Tony and Olga were then ten and four years old,
respectively.
The same year, Tony's mother was deported back to El
Salvador. When she again fled civil war in her country and
tried to reenter the United States, she died in a drowning
accident. Tony's father turned to drugs, effectively
abondoning Tony and Olga in the United States. From 1991 on,
Tony became a surrogate father to his baby sister.
Between 1990 and 1996, Tony somehow managed to survive and
care for his sister. Tony's father was jailed repeatedly for
drugs and in 1994 was finally deported. Tony and Olga were
given free housing in their uncle's rented apartment, but the
uncle was almost never home. Eventually Tony's neighbors,
Philip and Linda Bracken, invited Olga to live with them.
Olga's relationship with the Brackens became increasingly
close, and they eventually adopted Olga. Because of the
adoption, Olga now has permanent residency in this country.
The Brackets lacked the resources to adopt Tony along with
his sister.
Tony was left on his own. When he had money, he would eat
at fast food restaurants. When he did not have money, he
would ask his friends for food. Sadly, all adults whom Tony
sought help from about
[[Page S39]]
his situation told him that if he turned himself in to the
Department of Children Services, he could be deported and
would never see his sister again. Tony could not bear losing
the only family he had left, and thus remained on his own.
I met Tony in 1996 when he was a student at El Camino Real
High School. Tony was a tiny kid, just the size to qualify as
a wrestler in the 105-pound division. Though Tony had no
wrestling experience, I invited him to try out for the
school's wrestling team. Tony had never wrestled before but
was a natural. By his senior year, he captured the California
state championship for his age group and weight class. I've
never coached anyone who works as hard as has Tony.
I initially knew little of Tony's background, but noticed
his extreme sadness. When I asked Tony why he was so sad, he
confided in me that he was homeless and hungry. I then
invited Tony to live with my family. Tony shares a bedroom
with my son. Since moving in with our family, Tony has
prospered both socially and academically. I am sure that is
because for the first time since he was ten, he has had the
loving support of a family and adequate food and shelter.
Tony graduated high school and continues to win
championships. He is continuing his education by studying
business at West Valley Occupational Center.
Tony has no legal immigration status. His inability to
secure permanent residency cannot be attributed to any lack
of effort on Tony's part. Tony has a list of forty
professionals (lawyers, teachers and guidance counselors) he
sought legal advice from. Time and time again, he was told
that if the authorities knew of his immigration status or the
fact that had no parents in the United States, he would be
separated forever from his baby sister. The tragedy is that
we now know that had Tony become a ward of the court before
age 16, he could have filed a special immigrant visa petition
and obtained legal status. And had suspension of deportation
not been eliminated in the 1996 immigration law, Tony would
easily have qualified for suspension of deportation.
I am asking for your assistance in sponsoring a private
bill on Tony's behalf. I am told that the enactment of a
private bill is extremely rare and a real longshot. But
Tony's whole life has been a longshot, and I believe that he
will overcome the difficulties of securing permanent
residency just as he has overcome all the many other
obstacles in his life.
In a time where anti-immigrant sentiments still run high in
California, it is important to remember that it was not
Tony's choice that his parents fled to the United States
during a time of civil war, and it was not his choice that
his mother drown in a river or that his father turn to drugs.
It was Tony's choice to overcome these tragedies, to care for
his baby sister, and to succeed as a high school graduate and
a state wrestling champion. To recognize these achievements,
Tony was featured in an NBC news program called ``Beating the
Odds.''
The United States would undoubtedly benefit from the
contributions that Tony will make as a permanent resident in
this country, and I can think of no young man more deserving
of our country's support. It is hard to imagine Tony now
returning to El Salvador. He would suffer not only extreme
poverty (Tony has a weak command of Spanish and no ability to
write in Spanish) but extreme emotional distress from losing
the family support he has finally found at my home. Most
importantly, Tony would suffer the loss of contact with his
U.S. citizen sister, now age 12. Our family would also suffer
if separated from Tony, as he has truly become a member of
our family and the community in which we work and live.
I look forward to meeting with you further to discuss my
request for your assistance. I am joined in asking for your
support from the people listed on the attached pages. I thank
you in advance for you consideration of this matter.
Sincerely,
Terrence Fischer.
______
By Mr. DASCHLE (for Mr. Johnson (for himself, Mr. Coverdell, and
Mr. McCain):
S. 2003. A bill to restore health care coverage to retired members of
the uniformed services; to the Committee on Veterans' Affairs.
keep our promise to america's military retirees act
Mr. JOHNSON. Mr. President, I am pleased to join Senator Paul
Coverdell and Senator John McCain today in introducing the Keep Our
Promise to America's Military Retirees Act. This legislation honors our
nation's commitment to the men and women who served in the military by
upholding the promise of health care coverage in return for their
selfless dedication.
Last year, the Senate began to address critical recruitment and
retention problems currently facing our nation's armed services. The
pay table adjustments and retirement reform enacted in the fiscal year
2000 Department of Defense Authorization bill were both long overdue
improvements for our active duty military personnel. However, these
improvements do not solve our country's difficulty in recruiting and
keeping the best and the brightest in the military. In order to
maintain a strong military for now and in the future, our country must
show that it will honor its commitment to military retirees and
veterans as well.
For years, men and women who joined the military were promised
lifetime health care coverage for themselves and their dependents.
Prior to June 7, 1956, no statutory health care plan existed for
military personnel. Even when the Civilian Health and Medical Program
for the Uniformed Services (CHAMPUS) was enacted that year, the health
care coverage was dependent upon the space available at military
treatment facilities. Post-Cold War downsizing, base closures, and the
reduction of health care services at military bases have limited the
health care options available to military retirees.
In my home state of South Dakota, I have heard from many military
retirees who are forced to drive hundreds of miles to receive care. As
a final disgrace, military retirees are currently kicked off the
military's Tricare health care system when they turn 65. This is a slap
in the face to those men and women who have sacrificed their livelihood
to keep our country safe from threats at home and abroad.
The Keep Our Promise to America's Military Retirees Act restores
adequate health care coverage to all military retirees. For those
retirees who entered the armed services before June 7, 1956, when
CHAMPUS was created, my legislation will honor the promise of health
care coverage for life. This will be accomplished by allowing military
retirees to enroll in the Federal Employees Health Benefits Program
(FEHBP), with the United States paying 100 percent of the costs.
Military retirees who joined the armed services after space-available
care was enacted into law in 1956 will be allowed to enroll in FEHBP or
continue to participate in Tricare--even after they turn 65. These
military retirees who choose to enroll in FEHBP will pay the same
premiums and fees as all other federal employees in the program.
The Keep Our Promise to America's Military Retirees Act has been
endorsed by the National Military and Veterans Alliance and its member
organizations. Companion legislation in the House of Representatives
already has over 220 bipartisan cosponsors thanks to unprecedented
grassroots support by military retirees nationwide.
A promise made should be a promise kept. We owe it to our country's
military retirees to provide them with the health care they were
promised. These men and women stood ready to answer the call to defend
our rights, anytime and anywhere. It is now our duty to answer their
calls for better health care.
We also owe it to ourselves to help attract and keep qualified men
and women in our military by showing potential recruits and active duty
personnel that our country honors its commitment to those who serve it.
We have a long way to go, but I will continue to work to make sure our
country's active duty personnel, military retirees, and veterans
receive the benefits they deserve.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objecton, the material was ordered to be printed in
the Record, as follows:
S. 2003
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 ``Keep Our Promise to
America's Military Retirees Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) No statutory health care program existed for members of
the uniformed services who entered service prior to June 7,
1956, and retired after serving a minimum of 20 years or by
reason of a service-connected disability.
(2) Recruiters for the uniformed services are agents of the
United States government and employed recruiting tactics that
allowed members who entered the uniformed services prior to
June 7, 1956, to believe they would be entitled to fully-paid
lifetime health care upon retirement.
(3) Statutes enacted in 1956 entitled those who entered
service on or after June 7, 1956, and retired after serving a
minimum of 20 years or by reason of a service-connected
disability, to medical and dental care in any facility of the
uniformed services, subject to
[[Page S40]]
the availability of space and facilities and the capabilities
of the medical and dental staff.
(4) After 4 rounds of base closures between 1988 and 1995
and further drawdowns of remaining military medical treatment
facilities, access to ``space available'' health care in a
military medical treatment facility is virtually nonexistent
for many military retirees.
(5) The military health care benefit of ``space available''
services and Medicare is no longer a fair and equitable
benefit as compared to benefits for other retired Federal
employees.
(6) The failure to provide adequate health care upon
retirement is preventing the retired members of the uniformed
services from recommending, without reservation, that young
men and women make a career of any military service.
(7) The United States should establish health care that is
fully paid by the sponsoring agency under the Federal
Employees Health Benefits program for members who entered
active duty on or prior to June 7, 1956, and who subsequently
earned retirement.
(8) The United States should reestablish adequate health
care for all retired members of the uniformed services that
is at least equivalent to that provided to other retired
Federal employees by extending to such retired members of the
uniformed services the option of coverage under the Federal
Employees Health Benefits program, the Civilian Health and
Medical Program of the uniformed services, or the TRICARE
Program.
SEC. 3. COVERAGE OF MILITARY RETIREES UNDER THE FEDERAL
EMPLOYEES HEALTH BENEFITS PROGRAM.
(a) Earned Coverage for Certain Retirees and Dependents.--
Chapter 89 of title 5, United States Code, is amended--
(1) in section 8905, by adding at the end the following new
subsection:
``(h) For purposes of this section, the term `employee'
includes a retired member of the uniformed services (as
defined in section 101(a)(5) of title 10) who began service
before June 7, 1956. A surviving widow or widower of such a
retired member may also enroll in an approved health benefits
plan described by section 8903 or 8903a of this title as an
individual.''; and
(2) in section 8906(b)--
(A) in paragraph (1), by striking ``paragraphs (2) and
(3)'' and inserting ``paragraphs (2) through (5)''; and
(B) by adding at the end the following new paragraph:
``(5) In the case of an employee described in section
8905(h) or the surviving widow or widower of such an
employee, the Government contribution for health benefits
shall be 100 percent, payable by the department from which
the employee retired.''.
(b) Coverage for Other Retirees and Dependents.--(1)
Section 1108 of title 10, United States Code, is amended to
read as follows:
``Sec. 1108. Health care coverage through Federal Employees
Health Benefits program
``(a) FEHBP Option.--The Secretary of Defense, after
consulting with the other administering Secretaries, shall
enter into an agreement with the Office of Personnel
Management to provide coverage to eligible beneficiaries
described in subsection (b) under the health benefits plans
offered through the Federal Employees Health Benefits program
under chapter 89 of title 5.
``(b) Eligible Beneficiaries; Coverage.--(1) An eligible
beneficiary under this subsection is--
``(A) a member or former member of the uniformed services
described in section 1074(b) of this title;
``(B) an individual who is an unremarried former spouse of
a member or former member described in section 1072(2)(F) or
1072(2)(G);
``(C) an individual who is--
``(i) a dependent of a deceased member or former member
described in section 1076(b) or 1076(a)(2)(B) of this title
or of a member who died while on active duty for a period of
more than 30 days; and
``(ii) a member of family as defined in section 8901(5) of
title 5; or
``(D) an individual who is--
``(i) a dependent of a living member or former member
described in section 1076(b)(1) of this title; and
``(ii) a member of family as defined in section 8901(5) of
title 5.
``(2) Eligible beneficiaries may enroll in a Federal
Employees Health Benefit plan under chapter 89 of title 5
under this section for self-only coverage or for self and
family coverage which includes any dependent of the member or
former member who is a family member for purposes of such
chapter.
``(3) A person eligible for coverage under this subsection
shall not be required to satisfy any eligibility criteria
specified in chapter 89 of title 5 (except as provided in
paragraph (1)(C) or (1)(D)) as a condition for enrollment in
health benefits plans offered through the Federal Employees
Health Benefits program under this section.
``(4) For purposes of determining whether an individual is
a member of family under paragraph (5) of section 8901 of
title 5 for purposes of paragraph (1)(C) or (1)(D), a member
or former member described in section 1076(b) or
1076(a)(2)(B) of this title shall be deemed to be an employee
under such section.
``(5) An eligible beneficiary who is eligible to enroll in
the Federal Employees Health Benefits program as an employee
under chapter 89 of title 5 is not eligible to enroll in a
Federal Employees Health Benefits plan under this section.
``(6) An eligible beneficiary who enrolls in the Federal
Employees Health Benefits program under this section shall
not be eligible to receive health care under section 1086 or
section 1097. Such a beneficiary may continue to receive
health care in a military medical treatment facility, in
which case the treatment facility shall be reimbursed by the
Federal Employees Health Benefits program for health care
services or drugs received by the beneficiary.
``(c) Change of Health Benefits Plan.--An eligible
beneficiary enrolled in a Federal Employees Health Benefits
plan under this section may change health benefits plans and
coverage in the same manner as any other Federal Employees
Health Benefits program beneficiary may change such plans.
``(d) Government Contributions.--The amount of the
Government contribution for an eligible beneficiary who
enrolls in a health benefits plan under chapter 89 of title 5
in accordance with this section may not exceed the amount of
the Government contribution which would be payable if the
electing beneficiary were an employee (as defined for
purposes of such chapter) enrolled in the same health
benefits plan and level of benefits.
``(e) Separate Risk Pools.--The Director of the Office of
Personnel Management shall require health benefits plans
under chapter 89 of title 5 to maintain a separate risk pool
for purposes of establishing premium rates for eligible
beneficiaries who enroll in such a plan in accordance with
this section.''.
(2) The item relating to section 1108 at the beginning of
such chapter is amended to read as follows:
``1108. Health care coverage through Federal Employees Health Benefits
program.''.
(3) The amendments made by this subsection shall take
effect on January 1, 2001.
SEC. 4. EXTENSION OF COVERAGE OF CIVILIAN HEALTH AND MEDICAL
PROGRAM OF THE UNIFORMED SERVICES.
Section 1086 of title 10, United States Code, is amended--
(1) in subsection (c), by striking ``Except as provided in
subsection (d), the'', and inserting ``The'';
(2) by striking subsection (d); and
(3) by redesignating subsections (e) through (h) as
subsections (d) through (g), respectively.
____________________