[Congressional Record Volume 146, Number 1 (Monday, January 24, 2000)]
[Senate]
[Pages S39-S40]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      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.

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