[Congressional Record Volume 151, Number 69 (Monday, May 23, 2005)]
[House]
[Pages H3740-H3743]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SERVICEMEMBERS HEALTH INSURANCE PROTECTION ACT OF 2005
Mr. BOOZMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2046) to amend the Servicemembers Civil Relief Act to limit
premium increases on reinstated health insurance on servicemembers who
are released from active military service, and for other purposes, as
amended.
The Clerk read as follows:
H.R. 2046
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 ``Servicemembers' Health
Insurance Protection Act of 2005''.
SEC. 2. LIMITATION ON PREMIUM INCREASES FOR REINSTATED HEALTH
INSURANCE OF SERVICEMEMBERS RELEASED FROM
ACTIVE MILITARY SERVICE.
(a) Premium Protection.--Section 704 of the Servicemembers
Civil Relief Act (50 U.S.C. App. 594) is amended by adding at
the end the following new subsection:
``(e) Limitation on Premium Increases.--
``(1) Premium protection.--The amount of the premium for
health insurance coverage that was terminated by a
servicemember and required to be reinstated under subsection
(a) may not be
[[Page H3741]]
increased, for the balance of the period for which coverage
would have been continued had the coverage not been
terminated, to an amount greater than the amount chargeable
for such coverage before the termination.
``(2) Increases of general applicability not precluded.--
Paragraph (1) does not prevent an increase in premium to the
extent of any general increase in the premiums charged by the
carrier of the health care insurance for the same health
insurance coverage for persons similarly covered by such
insurance during the period between the termination and the
reinstatement.''.
(b) Technical Amendment.--Subsection (b)(3) of such section
is amended by striking ``if the'' and inserting ``in a case
in which the''.
SEC. 3. PRESERVATION OF EMPLOYER-SPONSORED HEALTH PLAN
COVERAGE FOR CERTAIN RESERVE-COMPONENT MEMBERS
WHO ACQUIRE TRICARE ELIGIBILITY.
(a) Continuation of Coverage.--Subsection (a)(1) of section
4317 of title 38, United States Code, is amended by inserting
after ``by reason of service in the uniformed services,'' the
following: ``or such person becomes eligible for medical and
dental care under chapter 55 of title 10 by reason of
subsection (d) of section 1074 of that title,''.
(b) Reinstatement of Coverage.--Subsection (b) of such
section is amended--
(1) in paragraph (1)--
(A) by inserting after ``by reason of service in the
uniformed services,'' the following: ``or by reason of the
person's having become eligible for medical and dental care
under chapter 55 of title 10 by reason of subsection (d) of
section 1074 of that title,''; and
(B) by inserting ``or eligibility'' before the period at
the end of the first sentence; and
(2) by adding at the end the following new paragraph:
``(3) In the case of a person whose coverage under a health
plan is terminated by reason of the person having become
eligible for medical and dental care under chapter 55 of
title 10 by reason of subsection (d) of section 1074 of that
title but who subsequently does not commence a period of
active duty under the order to active duty that established
such eligibility because the order is canceled before such
active duty commences, the provisions of paragraph (1)
relating to any exclusion or waiting period in connection
with the reinstatement of coverage under a health plan shall
apply to such person's continued employment, upon the
termination of such eligibility for medical and dental care
under chapter 55 of title 10 that is incident to the
cancellation of such order, in the same manner as if the
person had become reemployed upon such termination of
eligibility.''.
SEC. 4. TECHNICAL CORRECTIONS TO VETERANS BENEFITS
IMPROVEMENT ACT OF 2004.
(a) Corrections.--Section 2101 of title 38, United States
Code, as amended by section 401 of the Veterans Benefits
Improvement Act of 2004 (Public Law 108-454; 118 Stat.
3614), is amended--
(1) by redesignating subsection (c) as subsection (d);
(2) by inserting after subsection (b) a new subsection (c)
consisting of the text of subsection (c) of such section 2101
as in effect immediately before the enactment of such Act,
modified--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``paragraph (1),
(2), or (3)'' and inserting ``subparagraph (A), (B), (C), or
(D) of paragraph (2)''; and
(ii) in the second sentence, by striking ``the second
sentence'' and inserting ``paragraph (3)''; and
(B) in paragraph (2)--
(i) in the first sentence, by striking ``paragraph (1)''
and inserting ``paragraph (2)''; and
(ii) in the second sentence, by striking ``paragraph (2)''
and inserting ``paragraph (3)''; and
(3) in subsection (a)(3), by striking ``subsection (c)'' in
the matter preceding subparagraph (A) and inserting
``subsection (d)''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as of December 10, 2004, as if enacted
immediately after the enactment of the Veterans Benefits
Improvement Act of 2004 on that date.
SEC. 5. NOTIFICATION TO MEMBER'S SPOUSE OR NEXT OF KIN OF
CERTAIN ELECTIONS UNDER SERVICEMEMBERS' GROUP
LIFE INSURANCE PROGRAM.
(a) Repeal.--Subsections (f) and (g) of section 1012 of
division A of the Emergency Supplemental Appropriations Act
for Defense, the Global War on Terror, and Tsunami Relief
Act, 2005 (Public Law 109-13), and the amendments made by
those subsections, are repealed, and sections 1967 and 1970
of title 38, United States Code, shall be applied as if those
subsections had not been enacted.
(b) Notification Required.--Section 1967 of title 38,
United States Code, is amended by adding at the end the
following new subsection:
``(f)(1)(A) Whenever a member who is eligible for insurance
under this subchapter executes a life insurance option
specified in subparagraph (B), the Secretary concerned shall
notify the member's spouse or, if the member is unmarried,
the member's next of kin, in writing, of the execution of
that option.
``(B) A life insurance option referred to in subparagraph
(A) is any of the following:
``(i) An election under subsection (a)(2)(A) not to be
insured under this subchapter.
``(ii) An election under subsection (a)(3)(B) for insurance
of the member in an amount that is less than the maximum
amount provided under subsection (a)(3)(A)(i).
``(iii) An application under subsection (c) for insurance
coverage under this subchapter or for a change in the amount
of such insurance coverage.
``(iv) In the case of a married member, a designation under
section 1970(a) of this title of any person other than the
spouse or a child of the member as the beneficiary of the
member for any amount of insurance under this subchapter.
``(2) Whenever an unmarried member who is eligible for
insurance under this subchapter marries, the Secretary
concerned shall notify the member's spouse in writing as to
whether the member is insured under this subchapter. In the
case of a member who is so insured, the Secretary shall
include with such notification--
``(A) if the member has made an election described in
paragraph (1)(B)(ii), notice that the amount of such
insurance is less than the maximum amount provided under
subsection (a)(3)(A)(i); and
``(B) if the member has designated a beneficiary other than
the spouse or a child of the member for any amount of such
insurance, notice that such a designation has been made.
``(3)(A) Notification of a spouse under paragraph (1) or
(2), or of any other person under paragraph (1), for purposes
of this subsection shall consist of a good faith effort to
provide information to the spouse or other person at the last
address of the spouse or other person known to the Secretary
concerned.
``(B) Failure to provide such notification, or to provide
such notification in a timely manner, does not affect the
validity of any life insurance option referred to in
paragraph (1)(B).''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Arkansas (Mr. Boozman) and the gentlewoman from South Dakota (Ms.
Herseth) each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas (Mr. Boozman).
Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, H.R. 2046, as amended, the Servicemembers' Health
Insurance Protection Act of 2005, provides several improvements to the
Servicemembers' Civil Relief Act and the Uniformed Services Employment
and Reemployment Rights Act.
Mr. Speaker, this is a bipartisan bill and was passed by unanimous
consent in both the Subcommittee on Economic Opportunity and the full
Committee on Veterans Affairs. I am delighted to bring this important
piece of legislation before the House.
The bill has several components. Section 2 of the bill would amend
section 704 of the Servicemembers Civil Relief Act, otherwise known as
the SCRA, to limit premium increases on reinstated health insurance
coverage of servicemembers who are released from active duty. Section
704 provides that a servicemember who is ordered to active duty is
entitled, upon release, to reinstatement of any health insurance in
effect on the day before actually beginning active duty.
This amendment would prohibit any increase in individual health
insurance premiums from the period of time for which coverage would
have been continued, had the coverage not been terminated due to
military service. However, a health care insurance carrier would be
allowed to increase the servicemember's premium if the general premium
increase was implemented for all persons similarly covered during the
period between the termination and the reinstatement.
Section 704 of the SCRA currently contains no express provision
regarding premium increases. This amendment to the SCRA would ensure
that servicemembers are treated fairly upon reinstatement of their
health insurance and are not discouraged by premium increases from
exercising their reinstatement entitlement rights.
Section 3 of the bill would amend section 4317 of the Uniformed
Services Employment and Reemployment Rights Act, better known as
USERRA, to preserve employer-sponsored health plan reinstatement rights
for certain Reservists who, prior to entering active duty, acquire
TRICARE coverage under Title X. This TRICARE option only became
available by an amendment to the TRICARE authority enacted in the
National Defense Authorization Act for fiscal year 2004 on November 24,
2003.
Under existing law, an employer is only required to provide employees
returning from active duty with the same employer-sponsored health
benefits they had when they reported for active duty. Unless the
employer voluntarily chooses to allow immediate reinstatement of
coverage, an employee would be required to wait for the next open
enrollment opportunity provided by the employer.
Section 3 would confirm the health insurance reinstatement rights
under USERRA to the change in TRICARE. This amendment to section 4317
of USERRA would protect both employees who did not actually report
because
[[Page H3742]]
of cancellation of active duty orders and employees who served a period
of active duty.
Section 4 of the bill would make a technical correction to the Public
Law 108-454 regarding the VA's adaptive housing grant program.
Finally, section 5 of the bill would make a correction to the
servicemembers' group life insurance provisions of H.R. 1268 regarding
spousal notification for servicemembers' elections of coverage and
designation of beneficiaries.
Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today in strong support of H.R. 2046, as amended,
the Servicemembers' Health Insurance Protection Act of 2005.
I would like to thank the gentleman from Indiana (Chairman Buyer) and
the gentleman from Illinois (Ranking Member Evans) for their leadership
on the full committee and for their good work in shepherding this bill
to the floor today. I would also like to personally thank the gentleman
from Arkansas (Chairman Boozman) of the Subcommittee on Economic
Opportunity for his steady bipartisan leadership on the subcommittee.
Mr. Speaker, I support this legislation and am an original cosponsor
of the bill. This legislation is aimed at improving the quality of life
of our servicemembers, veterans, and military families. It is very
important for the increasingly activated National Guard and Reserve
components, our citizen-soldiers who leave behind their families,
employment, and comforts of home to defend this Nation.
The State of South Dakota has had and continues to have National
Guard units activated and serving in the Middle East. This legislation
will protect them and their families as they return home to civilian
life and seek to reinstate their private or employer-sponsored health
insurance coverage.
Mr. Speaker, this legislation also includes two corrective
provisions, as the gentleman from Arkansas (Chairman Boozman)
described, which amend and improve the administration of the disabled
veteran adaptive housing grant program and the servicemembers' group
life insurance program respectively. I am pleased we were able to
include these important corrective measures.
Mr. Speaker, the servicemembers, military families and veterans of
this Nation have earned and deserve our best efforts here in Congress.
Indeed, they deserve so much more. I am proud to support this
legislation, and I am confident it will benefit the veterans of my home
State of South Dakota, as well as the other veterans across the
country.
I fully support H.R. 2046, as amended, and urge my colleagues to do
the same.
Mr. Speaker, I reserve the balance of my time.
Mr. BOOZMAN. Mr. Speaker, I yield 3 minutes to the gentlewoman from
Florida (Ms. Ginny Brown-Waite).
Ms. GINNY BROWN-WAITE of Florida. Mr. Speaker, I rise today to thank
our Committee on Veterans' Affairs Chairman, the gentleman from Indiana
(Chairman Buyer), as well as the gentleman from California (Mr.
Filner), the Ranking Member, the gentleman from Illinois (Mr. Evans),
and the subcommittee chairman, the gentleman from Arkansas (Mr.
Boozman) for giving Congress the opportunity to vote on the
Servicemembers' Health Insurance Protection Act.
Today, when a man or a woman makes a decision to serve their country
through the Armed Forces, most have to give up their employer-sponsored
health care. Although TRICARE insures these enlistees, in the eyes of
their health care providers, they are technically without coverage
until they return, and then they are subject to unfair premium
increases as a ``new employee.'' America asks these young men and women
to fight for our country, then we allow their insurance costs to
increase when they return. How, many would ask, is this at all fair?
The bill that we have before us, H.R. 2046, specifies that when a
person enlists in the military, they will return to the same low-cost,
employer-sponsored health insurance that they had before their absence.
This common-sense legislation enjoyed unanimous support from Committee
on Veterans' Affairs members, is supported by the Department of
Defense, Department of Labor, and veterans' groups around the country.
I look forward to voting in favor of H.R. 2046 and I encourage my
colleagues to do the same. Certainly those members of the military,
whether it is active or the Reserve, when we have so many people
serving today in the war on terrorism, they deserve to have this kind
of legislation passed so that they can come back home and again provide
the kind of health care insurance that their family needs.
Ms. HERSETH. Mr. Speaker, I yield 2 minutes to the gentleman from
Illinois (Mr. Evans), the ranking member of the Committee on Veterans'
Affairs.
Mr. EVANS. Mr. Speaker, I rise in strong support of H.R. 2046, as
amended. I would like to thank the gentleman from Indiana (Chairman
Buyer) and the chairman and ranking member of the Subcommittee on
Economic Opportunities, the gentleman from Arkansas (Mr. Boozman) and
the gentlewoman from South Dakota (Ms. Herseth) for their hard work in
bringing this legislation to the floor today.
Mr. Speaker, this has been a bipartisan effort. Let us keep it that
way and get the job done for the veterans who deserve our help through
the difficult times that they are facing. They face danger every day,
and I am proud to represent them here in the United States House of
Representatives. It is our responsibility to provide them the necessary
benefits and protections as they serve this Nation.
Mr. Speaker, I urge my colleagues to support this legislation.
Mr. BOOZMAN. Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield 3 minutes to the gentleman from
California (Mr. Filner).
Mr. FILNER. Mr. Speaker, I thank the gentlewoman for yielding me this
time, and I thank the gentleman from Arkansas (Chairman Boozman) for
his great work on this very necessary item.
I too rise today in support of the Servicemembers' Health Insurance
Protection Act of 2005, a bill that we have heard will assure the men
and women in active service that their private health insurance
premiums will not be increased, nor will reinstatement be delayed when
they return from Iraq or Afghanistan. The last thing these
servicemembers need while they are at war is to worry about the details
of their life after service, and health insurance, of course, being one
of the most important.
H.R. 2046 will ensure a smooth transition from health care under the
military to health care in civilian life.
{time} 1730
This bill has support from the veterans service organizations around
the country, as well as our Department of Defense.
I think, as we have heard, in addition to the primary purpose of the
bill, a technical change is included which will help many disabled
veterans to use what is called their adaptive housing grant prior to
their discharge from the military. This will expedite their release
from hospitalization because they will not have to wait for changes to
be made to their homes to accommodate their disability. This provision
was inadvertently omitted when changes were made in 2004 in the
Veterans Benefit Act, and I am glad that we are fixing this problem
today.
Congress must do everything it can to recognize and reward our brave
men and women fighting today. Many are serving longer than they
expected. Many are in danger each and every day.
They serve with pride and with dignity. Let us honor their service by
passing this legislation to treat them with the respect that they
deserve.
Mr. BOOZMAN. Mr. Speaker, I reserve the balance of my time.
Ms. HERSETH. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I have no further requests for time. I would just like
to reiterate my appreciation for the leadership of the full committee,
the gentleman from Arkansas (Chairman Boozman), and his leadership on
the subcommittee, of course the efforts of committee staff and all of
their hard work in advancing this important legislation, as well as
those that were in hearings with the chairman and me and other members
of the subcommittee, those from the Department
[[Page H3743]]
of Labor, the Department of Defense, the Department of Veterans
Affairs, as well as many veterans organizations serving as advocates
for veterans and their families across the country and servicemembers
as they return.
Mr. Speaker, I yield back the balance of my time.
Mr. BOOZMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I want to thank the gentleman from Indiana (Chairman
Buyer); the gentleman from Illinois (Mr. Evans), our full committee
ranking member; and the gentlewoman from South Dakota (Ms. Herseth),
the Economic Opportunities Subcommittee ranking member, for their
leadership and hard work on this bill. And, again, as was noted, I
especially want to thank the staff.
Once again, this is a bipartisan bill, and I urge all Members to
support the Servicemembers Health Insurance Protection Act of 2005.
Ms. JACKSON-LEE of Texas. Mr. Speaker, I rise today to support H.R.
2046, the Servicemembers Health Insurance Protection Act of 2005. This
legislation offered by the Chairman of the Veterans Affairs Committee
Mr. Buyer, would limit premium increases on health insurance for
reservists who return to their civilian jobs after serving on active
duty and ensure that reservists whose activation is cancelled before
they report for duty can reinstate their health care coverage. It also
would allow disabled service members to qualify for a housing grant
provided by the Department of Veterans Affairs before being discharged
from active duty. I support these provisions of the legislation because
they protect the rights the men and women of our Armed Forces when they
are on duty.
While I do support the provisions of this legislation, I do have
concerns about the possible adverse impact on private insurance
carriers. I strongly believe it is the responsibility of the Federal
government to provide for the healthcare needs of our veterans. Private
insurance should not carry the entire national burden of health care
for military personnel. I hope that as the agenda of the Veterans
Affairs Committee continues to unfold, further legislation will be
introduced to provide healthcare for our veterans through the Federal
government. We made a promise to our men and women in the Armed Forces
that we would take care of them when they were no longer on active duty
and we as a Government would be negligent if we did not keep our
promise.
Mr. BISHOP of New York. Mr. Speaker, I proudly rise today as a
cosponsor and in support of H.R. 2046, the Servicemembers' Health
Insurance Protection Act of 2005.
As our brave men and women continue to put their lives on the line
for our Nation, we owe each of them the health care coverage they were
promised and make it easier for their families to manage the transition
to active duty and back to civilian life.
Reservists, who fulfill a critical mission in supplementing our
fighting forces, should be treated equally and feel as safe as their
active duty counterparts in that their employer provided insurance will
still be available upon termination of federal benefits. But for too
many reservists, this is not the case.
The Servicemembers' Civil Relief Act was passed, in part, to
guarantee reinstatement of employer-provided health care following
separation from active duty. However, an unintended consequence of that
law allowed insurance companies to unfairly single out reservists by
inflating their premiums once they returned to civilian life.
Mr. Speaker, I am pleased that we are working to correct this problem
by offering this bill as a remedy by protecting our brave reservists
from inflated insurance premiums and giving them a helping hand as they
return to civilian life.
Mr. REYES. Mr. Speaker, I rise today in support of H.R. 2046, the
Servicemembers Health Insurance Protection (SHIP) Act of 2005, and to
voice my strong commitment and appreciation to our nation's
servicemembers and veterans as we head into the Memorial Day weekend.
On May 11, 2005, my colleagues and I on the House Veterans Affairs
Committee considered H.R. 2046. This important legislation would assist
in providing a seamless transition for our Reservists and Guardsmen by
curbing health insurance premium increases and preserving employer-
sponsored health care coverage. I voted for this legislation because
our servicemembers deserve better protections and improved quality of
life.
I would also like to take this time to thank our past and current
members of the U.S. Armed Forces for their selfless service to our
country. We owe each of them a great deal of respect and appreciation,
especially those who have made the ultimate sacrifice for our nation.
While many of us will be fortunate enough to be surrounded by loved
ones this Memorial Day weekend, I encourage all Americans to take this
special time to reflect on the sacrifice of those who died while
serving their country and to pray for our troops currently in harm's
way.
Mr. Speaker, I urge my colleagues in Congress to continue caring for
our servicemembers by ensuring passage of H.R. 2046.
Mr. CARDIN. Mr. Speaker, as our soldiers face a time of war and
strife across the globe, we must be mindful not only of the risks that
they face in combat, but also the barriers that they face to planning a
secure future here at home after the battle is done.
There are currently about 180,000 Americans serving in Iraq, and
another 18,000 in and around Afghanistan. It is estimated that there
are 1,652 Maryland national guard and reservists serving in combat
today.
This bill is important, because it shows our commitment to the future
of our troops, to the future of their families. Today soldiers do not
pay taxes on their combat pay, as our way of saying that they are
paying more than their fair share in the gift of service they bestow on
their country. This is only right, and we owe our soldiers our
gratitude. But we also owe them the gift of a future, and this bill
allows soldiers to plan for that future even as they are protecting
ours.
This bill gives soldiers the opportunity to save for their retirement
by including combat zone pay as earned income in calculating the tax
deduction for contributions to retirement savings plans.
I think we should go further. In my bill, the Pension Preservation
and Savings Expansion Act, I included a provision that allows National
Guard members and military reservists called up on active duty to
continue contributing to their workplace retirement plans where their
employers pay them their salary differential during their active duty
service. This important provision should also be brought to the floor
for a vote.
We have an obligation to ensure that our soldiers have a secure
present and a secure future, and this bill takes one important step in
that direction. I urge a ``yes'' vote on the Heroes Earned Retirement
Opportunities Act.
Mr. BOOZMAN. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Boozman) that the House suspend the rules
and pass the bill, H.R. 2046, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________