[Congressional Record Volume 149, Number 67 (Wednesday, May 7, 2003)]
[Senate]
[Page S5873]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DOMENICI:
  S. 1016. A bill to amend title 10, United States Code, to provide 
entitlement to health care for reserve officers of the Armed Forces 
pending orders to initial active duty following commissioning; to the 
Committee on Armed Services.
  Mr. DOMENICI. Mr. President, I rise today to offer legislation 
entitled the ``Jesse Spiri Military Medical Coverage Act of 2003.'' The 
purpose of this legislation is to close a gap in medical coverage that 
leaves a certain group of military officers without health care 
benefits. Named in honor of a young New Mexican who fell victim to this 
gap, this bill would extend coverage to commissioned officers who are 
awaiting active duty status.
  Jesse Spiri grew up in the heart of southwestern New Mexico where his 
family instilled in him both a sense of patriotism and an appreciation 
for higher education. Following his graduation from high school, he 
enrolled at Western New Mexico University where he served in the United 
States Marine Corps Reserves. His dedication to each of these endeavors 
culminated on May 11, 2001 when he received both his bachelors degree 
and his commission as a 2nd Lieutenant. Clearly, Jesse had laid a solid 
foundation for success in his life and, naturally, his family was 
extremely proud. Unfortunately, the pride and all the hopes that 
accompany such a crowning moment were short-lived, because one day 
after his graduation Jesse was diagnosed with brain cancer.
  Under any circumstances, such a prognosis is demoralizing, but 
Jesse's situation was even more grave because receiving his commission 
had the effect of triggering his military status to that of ``inactive 
reservist.'' Jesse was not scheduled to gain ``active duty'' status 
until he began basic officer training in November, and since TRICARE 
does not fully cover reservists, his family was left with the burden of 
enormous medical bills--a burden they simply could not meet.
  Despite the heroic efforts of the Spiri family, inquiries by my staff 
and others in the New Mexico congressional delegation, as well as 
efforts by Marine Corps lawyers to find a legal solution to the 
problem, Jesse Spiri, an officer of the United States Marine Corps, 
went without health care coverage and, hence, without proper treatment. 
He lost his battle with cancer in July of 2001.
  It is inconceivable to me, as I am sure it is for all Americans, that 
because of a legislative quirk, an officer of the United States armed 
forces could be left completely exposed to a dread disease without even 
the hope of receiving available treatments. But Jesse's battle is proof 
that if we do not, through legislative enactment, extend full medical 
coverage to commissioned reservists, another promising life may be lost 
in similar fashion.
  I know that Jim Spiri, Jesse's dad, has vowed to dedicate his life to 
ensuring that no family has to face what his experienced. This goal, 
however, should not take a lifetime to achieve. By passing the ``Jesse 
Spiri Military Medical Coverage Act of 2003,'' we can help give Jim and 
the entire Spiri family peace in knowing that others will have hope 
where Jesse did not.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1016

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. ELIGIBILITY OF RESERVE OFFICERS FOR HEALTH CARE 
                   PENDING ORDERS TO ACTIVE DUTY FOLLOWING 
                   COMMISSIONING.

       Section 1074(a) of title 10, United States Code, is 
     amended--
       (1) by inserting ``(1)'' after ``(a)'';
       (2) by striking ``who is on active duty'' and inserting 
     ``described in paragraph (2)''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Members of the uniformed services referred to in 
     paragraph (1) are as follows:
       ``(A) A member of a uniformed service on active duty.
       ``(B) A member of a reserve component of a uniformed 
     service who has been commissioned as an officer if--
       ``(i) the member has requested orders to active duty for 
     the member's initial period of active duty following the 
     commissioning of the member as an officer;
       ``(ii) the request for orders has been approved;
       ``(iii) the orders are to be issued but have not been 
     issued; and
       ``(iv) the member does not have health care insurance and 
     is not covered by any other health benefits plan.''.
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