[Congressional Record Volume 149, Number 75 (Tuesday, May 20, 2003)]
[Senate]
[Pages S6659-S6660]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2004--Continued


                     Amendment No. 696, as modified

  Mr. WARNER. Mr. President, I ask unanimous consent that the Graham 
amendment No. 696 be modified with the changes that are at the desk.
  Mr. REID. We have no objection.
  The PRESIDING OFFICER. Without objection, the amendment is so 
modified.
  The amendment, as modified, is as follows:

  (Purpose: To ensure that members of the Ready Reserve of the Armed 
 Forces are treated equitably in the provision of health care benefits 
     under TRICARE and otherwise under the Defense Health Program)

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(f)(1) At any time after the Secretary concerned notifies 
     members of the Ready Reserve that the members are to be 
     called or ordered to active duty,''
       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(2) The screening and care authorized under paragraph (1) 
     shall include screening and care under TRICARE, pursuant to 
     eligibility under paragraph (3), and continuation of care 
     benefits under paragraph (4).
       ``(3)(A) Members of the Selected Reserve of the Ready 
     Reserve and members of the Individual Ready Reserve described 
     in section 10144(b) of this title are eligible, subject to 
     subparagraph (I), to enroll in TRICARE.
       ``(B) A member eligible under subparagraph (A) may enroll 
     for either of the following types of coverage:
       ``(i) Self alone coverage.
       ``(ii) Self and family coverage.
       ``(C) An enrollment by a member for self and family covers 
     the member and the dependents of the member who are described 
     in subparagraph (A), (D), or (I) of section 1072(2) of this 
     title.
       ``(D) The Secretary of Defense shall provide for at least 
     one open enrollment period each year. During an open 
     enrollment period, a member eligible under subparagraph (A) 
     may enroll in the TRICARE program or change or terminate an 
     enrollment in the TRICARE program.
       ``(E) A member and the dependents of a member enrolled in 
     the TRICARE program under this paragraph shall be entitled to 
     the same benefits under this chapter as a member of the 
     uniformed services on active duty or a dependent of such a 
     member, respectively. Section 1074(c) of this title shall 
     apply with respect to a member enrolled in the TRICARE 
     program under this section.
       ``(F)(i) An enlisted member of the armed forces enrolled in 
     the TRICARE program under this section shall pay an annual 
     premium of $330 for self-only coverage and $560 for self and 
     family coverage for which enrolled under this section.
       ``(ii) An officer of the armed forces enrolled in the 
     TRICARE program under this section shall pay an annual 
     premium of $380 for self-only coverage and $610 for self and 
     family coverage for which enrolled under this section.
       ``(iii) The premiums payable by a member under this 
     subparagraph may be deducted and withheld from basic pay 
     payable to the member under section 204 of title 37 or from 
     compensation payable to the member under section 206 of such 
     title. The Secretary shall prescribe the requirements and 
     procedures applicable to the payment of premiums by members 
     not entitled to such basic pay or compensation.
       ``(iv) Amounts collected as premiums under this 
     subparagraph shall be credited to the appropriation available 
     for the Defense Health Program Account under section 1100 of 
     this title, shall be merged with sums in such Account that 
     are available for the fiscal year in which collected, and 
     shall be available under subparagraph (B) of such section for 
     such fiscal year.
       ``(G) A person who receives health care pursuant to an 
     enrollment in a TRICARE program option under this paragraph, 
     including a member who receives such health care, shall be 
     subject to the same deductibles, copayments, and other 
     nonpremium charges for health care as apply under this 
     chapter for health care provided under the same TRICARE 
     program option to dependents described in subparagraph (A), 
     (D), or (I) of section 1072(2) of this title.
       ``(H) A member enrolled in the TRICARE program under this 
     paragraph may terminate the enrollment only during an open 
     enrollment period provided under subparagraph (D), except as 
     provided in subparagraph (I). An enrollment of a member for 
     self alone or for self and family under this paragraph shall 
     terminate on the first day of the first month beginning after 
     the date on which the member ceases to be eligible under 
     subparagraph (A). The enrollment of a member under this 
     paragraph may be terminated on the basis of failure to pay 
     the premium charged the member under this paragraph.
       ``(I) A member may not enroll in the TRICARE program under 
     this paragraph while entitled to transitional health care 
     under subsection (a) of section 1145 of this title or while 
     authorized to receive health care under subsection (c) of 
     such section. A member who enrolls in the TRICARE program 
     under this paragraph within 90 days after the date of the 
     termination of the member's entitlement or eligibility to 
     receive health care under subsection (a) or (c) of section 
     1145 of this title may terminate the enrollment at any time 
     within one year after the date of the enrollment.
       ``(J) The Secretary of Defense, in consultation with the 
     other administering Secretaries, shall prescribe regulations 
     for the administration of this paragraph.
       ``(4)(A) The Secretary concerned shall pay the applicable 
     premium to continue in force any qualified health benefits 
     plan coverage for an eligible reserve component member for 
     the benefits coverage continuation period if timely elected 
     by the member in accordance with regulations prescribed under 
     subparagraph (J).
       ``(B) A member of a reserve component is eligible for 
     payment of the applicable premium for continuation of 
     qualified health benefits plan coverage under subparagraph 
     (A) while serving on active duty pursuant to a call or order 
     issued under a provision of law referred to in section 
     101(a)(13)(B) of this title during a war or national 
     emergency declared by the President or Congress.
       ``(C) For the purposes of this paragraph, health benefits 
     plan coverage for a member called or ordered to active duty 
     is qualified health benefits plan coverage if--
       ``(i) the coverage was in force on the date on which the 
     Secretary notified the member that issuance of the call or 
     order was pending or, if no such notification was provided, 
     the date of the call or order;
       ``(ii) on such date, the coverage applied to the member and 
     dependents of the member described in subparagraph (A), (D), 
     or (I) of section 1072(2) of this title; and
       ``(iii) the coverage has not lapsed.
       ``(D) The applicable premium payable under this paragraph 
     for continuation of health benefits plan coverage in the case 
     of a member is the amount of the premium payable by the 
     member for the coverage of the member and dependents.

[[Page S6660]]

       ``(E) The total amount that DOD may pay for the applicable 
     premium of a health benefits plan for a member under this 
     paragraph in a fiscal year may not exceed the amount 
     determined by multiplying--
       ``(i) the sum of one plus the number of the member's 
     dependents covered by the health benefits plan, by
       ``(ii) the per capita cost of providing TRICARE coverage 
     and benefits for dependents under this chapter for such 
     fiscal year, as determined by the Secretary of Defense.
       ``(F) The benefits coverage continuation period under this 
     paragraph for qualified health benefits plan coverage in the 
     case of a member called or ordered to active duty is the 
     period that--
       ``(i) begins on the date of the call or order; and
       ``(ii) ends on the earlier of the date on which the 
     member's eligibility for transitional health care under 
     section 1145(a) of this title terminates under paragraph (3) 
     of such section, or the date on which the member elects to 
     terminate the continued qualified health benefits plan 
     coverage of the dependents of the member.
       ``(G) Notwithstanding any other provision of law--
       ``(i) any period of coverage under a COBRA continuation 
     provision (as defined in section 9832(d)(1) of the Internal 
     Revenue Code of 1986) for a member under this paragraph shall 
     be deemed to be equal to the benefits coverage continuation 
     period for such member under this paragraph; and
       ``(ii) with respect to the election of any period of 
     coverage under a COBRA continuation provision (as so 
     defined), rules similar to the rules under section 
     4980B(f)(5)(C) of such Code shall apply.
       ``(H) A dependent of a member who is eligible for benefits 
     under qualified health benefits plan coverage paid on behalf 
     of a member by the Secretary concerned under this paragraph 
     is not eligible for benefits under the TRICARE program during 
     a period of the coverage for which so paid.
       ``(I) A member who makes an election under subparagraph (A) 
     may revoke the election. Upon such a revocation, the member's 
     dependents shall become eligible for benefits under the 
     TRICARE program as provided for under this chapter.
       ``(J) The Secretary of Defense shall prescribe regulations 
     for carrying out this paragraph. The regulations shall 
     include such requirements for making an election of payment 
     of applicable premiums as the Secretary considers 
     appropriate.
       ``(5) For the purposes of this section, all members of the 
     Ready Reserve who are to be called or ordered to active duty 
     include all members of the Ready Reserve.
       ``(6) The Secretary concerned shall promptly notify all 
     members of the Ready Reserve that they are eligible for 
     screening and care under this section.

  Mr. WARNER. Mr. President, I ask unanimous consent that at 2:15 p.m. 
today, there be a period of 5 minutes prior to a vote in relation to 
the modified Graham amendment No. 696; provided further, that if the 
amendment is agreed to, the underlying amendment No. 689 then be agreed 
to, as amended.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. WARNER. Mr. President, for clarification, the 5 minutes will be 
equally divided between the two sides.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. REID. Also, Mr. President, there are some arrangements being made 
to have some disposition of the Reed of Rhode Island amendment sometime 
this afternoon.
  Mr. WARNER. Mr. President, the distinguished leader is correct. 
Efforts are being made to see if that can be worked out. If those good-
faith efforts do not materialize, then, of course, the Senator is 
entitled to a recorded vote or a voice vote, whatever is his 
preference.
  Mr. REID. It is my understanding Senator Kennedy will be here early 
this afternoon to offer his amendment or amendments.
  Mr. WARNER. The Senator is correct. The Senator from Michigan spoke 
to me before he departed the floor saying that was his desire and he 
will be speaking.
  We can now stand in recess until the hour of 2:15 p.m.

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