[Congressional Record Volume 149, Number 43 (Tuesday, March 18, 2003)]
[Senate]
[Pages S3894-S3896]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. KENNEDY:
  S. 647. A bill to amend title 10, United States Code, to provide for 
Department of Defense funding of continuation of health benefits plan 
coverage for certain Reserves called or ordered to active duty and 
their dependents, and for other purposes; to the Committee on Armed 
Services.
  Mr. KENNEDY. Mr. President, today I am introducing a bill to close an 
unfortunate loophole in health insurance coverage for families of 
Reserve and Guard members who are called up for active duty.
  As we face the likelihood of war with Iraq, one hundred and fifty 
thousand members of the National Guard and the Reserves have been 
mobilized for service. These soldiers, sailors, marines, and airmen are 
standing by their country in a time of national emergency. But unless 
the Congress takes immediate action, too many of the spouses and 
children of these brave men and women may find the quality of their 
heath care reduced.
  Today's military relies more heavily than ever before on the Reserve 
and Guard. Currently, over 150,000 National Guard and reserve soldiers, 
sailors, Marines and airmen have been mobilized. They are spending an 
average of thirteen times longer on active duty today than compared to 
a decade ago.
  Our men and women in uniform are working and training hard for the 
serious challenges before them. They are living in the desert, enduring 
harsh conditions, and contemplating the horrors of the approaching war. 
At the same time, they must put their lives on hold, dealing with 
family crises by phone and email. We must do our best to take care of 
those they have left at home.
  During the Vietnam war, only 20 percent of all Army personnel were 
married. Today over 50 percent of the active military are married. 
These numbers are even higher in the Guard and Reserves. This service 
places heavy strain on the families who are left behind to worry and 
cope with the sudden new demands of running a household alone.
  For the Guard and Reservists' families, a recall to active duty 
brings new bureaucratic challenges. Employers are not required to keep 
paying the health insurance for reservists while they are deployed. 
Many guardsmen and reservists may not be able to afford to pay for 
health care for their families while they are away.
  If a guardsman or reservist is activated for more than thirty days, 
their family is eligible to enroll in the TRICARE program. However, 
during that first month, the family may not have any health insurance. 
In addition, if their family doctor does not participate in TRICARE, 
the family must find a new doctor while coping with all the other 
demands of the service member's absence. A family with a sick child and 
a father or mother sent off to war should not have to cope with the 
added burden of giving up the family doctor they trust.
  The bill I am introducing will assure continuity of health insurance 
coverage for families of Reservists and National Guard personnel called 
to active duty. Under this bill, these families retain the option of 
private health insurance coverage during the period of active duty, 
rather than enrolling in TRICARE.
  The bill amends the COBRA coverage rules to specify that loss of 
employment-based coverage due to active-duty allows them to use the 
COBRA mechanism to retain their health care coverage. The Federal 
Government will pay the cost of premiums not covered by employers. This 
assistance will relieve some of the financial burden on families when 
the service member leaves a more lucrative private sector job to serve 
in the military. The Federal Government will also pay the cost of 
continuing family coverage purchased in the individual insurance 
market, for those who do not have employment-based coverage.
  The cost of the modest additional help for the families of our 
servicemen will be small, since spouses and children who continue to 
use their private insurance policies will not be using TRICARE medical 
services that would otherwise be the government's responsibility.
  This bill will not change the health care coverage for service 
members who will continue to receive health care through the military 
medical system. Nor will it change the health care coverage for active 
duty family members who retain TRICARE eligibility and receive health 
care either through the direct care system or TRICARE network.
  When Reservists and members of the National Guard are called to 
active duty in time of international crisis, they are asked to put 
their lives on the line for their country. The least we can do for them 
is assure that their families can continue to receive quality health 
care without interruption during their absence.
  I urge my colleagues to move promptly to enact this legislation.
  Mr. President, I ask unanimous consent that a letter of support be 
printed in the Record.
  There being no objection, the letter was ordered to be printed in the 
Record, as follows:


                                                  U.S. Senate,

                                    Washington, DC March 17, 2003.
     Hon. Mitchell E. Daniels, Jr.,
     Director, Office of Management and Budget,
     Washington, DC.
       Dear Mr. Daniels: As you prepare the Administration's 
     request for emergency supplemental appropriations, we urge 
     you to consider an important issue facing our National Guard 
     and Reserve Component troops.
       Today's military relies more heavily than ever before on 
     these forces. Currently, over 150,000 members of the guard 
     and reserve have been mobilized. They are spending an average 
     of thirteen times longer on active duty than their 
     counterparts a decade ago.
       For their families, a recall to active duty brings new 
     bureaucratic challenges. Employers are not required to keep 
     paying for their health insurance coverage while they are 
     deployed, and many of them may not be able to afford to pay 
     for coverage for their families while they are away.
       If reservists or guardsmen are activated for more than 
     thirty days, their families are eligible to enroll in the 
     TRICARE program. However, during that first month, the family 
     may not have any health insurance. In addition, their family 
     doctor may not participate in TRICARE, forcing the family to 
     find a

[[Page S3896]]

     new doctor while coping with all the other demands of the 
     service member's absence.
       To address this problem, we are introducing bills to assure 
     continuity of health insurance coverage for families of 
     reservists and National Guard personnel called to active 
     duty. Under this bill, these families will retain the option 
     of private health insurance coverage during the period of 
     active duty, rather than enrolling in TRICARE. This bill will 
     not change the health care coverage for the reservists or 
     guardsmen who will continue to be covered by TRICARE during 
     active military service.
       The bill modifies the COBRA continuation-of-coverage rules 
     to specify that loss of employment-based converge due to 
     active-duty is a qualifying event for COBRA, so that they 
     can, if they choose, use the COBRA mechanism to retain their 
     health care coverage. The federal government will pay the 
     cost of premiums not covered by employers, as well as the 
     cost of continuing family coverage purchased in the 
     individual market.
       We believe this step is important as part of the overall 
     effort to take care of the families of our men and women in 
     uniform. We urge you to include a proposal to provide 
     continuity of health insurance for reservists and guardsmen 
     in the emergency supplemental.
       With respect and appreciation, and we look forward to 
     working with you on this issue.
           Sincerely,
     Edward M. Kennedy,
       United States Senator.
     Michael Capuano,
       United States Representative.
                                 ______