[Congressional Record (Bound Edition), Volume 146 (2000), Part 1]
[Senate]
[Pages 38-42]
[From the U.S. Government Publishing Office, www.gpo.gov]



          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS


                           By Mrs. FEINSTEIN:

  S. 2000. A bill for the relief of Guy Taylor; to the Committee on the 
Judiciary.


                       PRIVATE RELIEF LEGISLATION

  Mrs. FEINSTEIN. Mr. President, I am pleased to offer today, 
legislation that would provide lawful permanent residence status to Guy 
Taylor, a Canadian national who was orphaned at age 16. Guy is now 18.
  Guy Taylor was born in Canada but spent the first half of his life in 
the United States attending school and living with his mother. Guy's 
father died before he was born. In the summer of 1998, his mother died 
of a drug overdose. This left him without any other family except for 
his extensive family in Southern California.
  Upon his mother's death, Guy's grandmother, Oleta Hansen, flew to 
Canada to secure her daughter's body and bring her grandchild back to 
the United States.
  The Immigration and Naturalization Service (INS) allowed Guy to 
temporarily enter the United States by granting him a one-year 
humanitarian parole. Once the parole expired, the INS extended for one 
more year. This is a very rare act on the INS' part.
  Initially, Guy had sought to obtain permanent resident status by 
being declared a dependent of a United States court. However, the 
Orange County, California Social Services referee declined to name Guy 
a court dependent because he was considered to be under the 
guardianship of his grandmother.
  Because the INS has declared Guy too old to be a dependent of his 
grandmother, Guy is unable to obtain permanent residence in the United 
States. Immigration law prohibits permanent legal residency to minor 
children under the age of twenty-one without their parents.
  Guy's dream is to join the United States Army. Although Guy's Army 
recruiter said he has successfully tested and is qualified for 
enlistment, without permanent resident status, Guy will be unable to 
join.
  Today Guy, a first-year college student and a young man willing to 
fight for his adopted country, faces deportation.
  News about this young man's imminent deportation has shaken the 
community in southern California. More than 1,000 of Guy's friends and 
neighbors have signed a petition calling for legislation on his behalf.
  I hope you support this bill so that we can help Guy rebuild his life 
and continue to contribute to his community in the United States.
  Mr. President, I also ask unanimous consent that the bill and a 
recent news article depicting the compelling circumstances of Guy 
Taylor's life be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2000

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

[[Page 39]]



     SECTION 1. PERMANENT RESIDENT STATUS FOR GUY TAYLOR.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act, Guy 
     Taylor shall be eligible for issuance of an immigrant visa or 
     for adjustment of status to that of an alien lawfully 
     admitted for permanent residence upon filing an application 
     for issuance of an immigrant visa under section 204 of such 
     Act or for adjustment of status to lawful permanent resident.
       (b) Adjustment of Status.--If Guy Taylor enters the United 
     States before the filing deadline specified in subsection 
     (c), he shall be considered to have entered and remained 
     lawfully and shall, if otherwise eligible, be eligible for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act as of the date of enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status are filed with appropriate fees within 2 
     years after the date of enactment of this Act.
       (d) Reduction of Immigrant Visa Number.--Upon the granting 
     of an immigrant visa or permanent residence to Guy Taylor, 
     the Secretary of State shall instruct the proper officer to 
     reduce by one, during the current or next following fiscal 
     year, the total number of immigrant visas that are made 
     available to natives of the country of the alien's birth 
     under section 203(a) of the Immigration and Nationality Act 
     or, if applicable, the total number of immigrant visas that 
     are made available to natives of the country of the alien's 
     birth under section 202(e) of such Act.

            One Last Hope for Teenager Who Deserves a Break

                            (By Mike Downey)

       The calls and letters came in regularly for a while.
       ``So what became of Guy Taylor?'' ``Whatever happened to 
     that poor kid from Orange County they were trying to kick out 
     of the country?'' It was a story that amazed people, confused 
     people. How could an orphan be ordered to leave his 
     grandparents in the United States and be required to live 
     where he has no family at all?
       Eventually, though, everyone forgot Guy and got on with 
     their own lives. The news crews were gone, because nothing 
     was new. No politician came through for Guy in the nick of 
     time, here in a land where campaign speeches preach family 
     values. No loophole in the law was located. No judge found it 
     in his heart to cite extenuating circumstances for a boy who 
     had done nothing wrong.
       Guy Taylor could have a country without a home, but no home 
     without a country.
       He was born in Canada. He was 16 when his mother died. (The 
     father's identify is unknown.) He celebrated his 17th 
     birthday and high school graduation in Garden Grove, where he 
     came to live with his grandparents. The law said they could 
     be Guy's guardians but not legally adopt him. A judge refused 
     in July to make him a ward of the court, because he was too 
     old.
       Unable to establish permanent residence and gain a green 
     card, Guy, who turned 18 a few weeks ago, faces expulsion 
     from the United States.
       ``What will you do?'' he is asked.
       ``I try not to think about it,'' he says.
       Actually, it is unfair to say that Guy Taylor has been 
     forgotten by all. Not long ago, for example, a United Parcel 
     Service deliveryman was making his rounds in downtown Los 
     Angeles when he spotted Carl Shusterman.
       ``Hey, aren't you the lawyer who represented that nice kid 
     they were trying to deport to Canada?'' the UPS guy inquired.
       ``Yes, that's me,'' Shusterman said.
       ``Whatever happened to him?''
       Susterman still hears this question here and there. This 
     case isn't typical of the immigration cases he usually 
     handles. It touched a nerve.
       Guy's mother died in Canada from a drug overdose. His 
     grandmother was 17 when she gave birth there. Here's where it 
     gets complicated: To adopt a grandson, the law stipulates she 
     needed to be a U.S. citizen before giving birth (which she 
     was), needed to live in the U.S. for 10 years before giving 
     birth (which she did), but five of those 10 years had to 
     follow her 14th birthday (which they didn't).
       The family has tried everything it can think of, including 
     petitions and appeals to politicians, to keep Guy here.
       ``Show him your Native American card,'' Shusterman tells 
     him in his law office.
       Guy slides a laminated badge across a conference table. 
     Issued by the U.S. Department of the Interior, Bureau of 
     Indian affairs, it identifies Guy Douglas Taylor as 
     officially being of ``\1/32\nd Choctaw'' heritage.
       Since exemptions are given to Native Americans in 
     immigration matters, Guy's grandmother, Oleta Hansen, who has 
     some Choctaw blood in her, figured it was worth a try. That's 
     how desperate she and her husband, Charles, are to keep their 
     grandson from being sent away. Unfortunately, it wasn't quite 
     enough Choctaw blood.
       The best--perhaps last--chance for Guy could be Sen. Dianne 
     Feinstein, who could introduce a private bill to Congress on 
     the boy's behalf. Her office has been receptive, Shusterman 
     says. And such a bill is not without precedent. Earlier this 
     year, Rep. Bill McCollum (R.-Fla.) proposed one on behalf of 
     Robert Anthony Broley, a 32-year-old felon deported to Canada 
     after serving four years in a Florida prison on 13 counts, 
     including forgery and theft.
       Shusterman does not believe it a coincidence that Broley's 
     father is the Republican Party treasurer in McCollum's home 
     district.
       ``How about a young guy right here,'' Shusterman says of 
     the boy by his side, ``who's been in no trouble at all?''
       So here sits Guy, in need of a holiday miracle.
       A temporary visa was extended one last time, to next 
     summer. He takes classes at Cypress College and wants to join 
     the U.S. Army, but can't without a green card.
       ``He's a good boy who does his schoolwork and his chores,'' 
     his grandmother says. ``We're all he has left I was born 
     here. My husband was born here. We want our grandson here 
     with us.''
       They were with him at lunch Tuesday, when that same UPS 
     driver happened by.
       ``Remember that nice kid you asked me about?'' Shusterman 
     said. ``This is him.''
  By Mrs. FEINSTEIN:
  S. 2002. A bill for the relief of Tony Lara; to the Committee on the 
Judiciary.


                       PRIVATE RELIEF LEGISLATION

  Mrs. FEINSTEIN. Mr. President, I am pleased to offer today, 
legislation to provide lawful permanent residence status to Tony Lara, 
a remarkable young man from El Salvador who has lived in the United 
States since he was 10 years old.
  Tony's story is particularly compelling. In less than twenty years of 
this young man's life, Tony has faced one tragic setback after another. 
However, through his optimism, intelligence, and hard work, he has 
bravely confronted challenges that most would view as insurmountable. 
In spite of enormous odds, Tony has become a high school graduate, a 
California State Wrestling Champion and an inspiration to his 
community.
  An unfortunate chapter in Tony's story is that he faces deportation 
and separation from his younger sister because at age nineteen, Tony is 
an orphan. Immigration law prohibits permanent legal residency to minor 
children under the age of twenty-one without their parents.
  Ten years ago, Tony Lara and his younger sister Olga were brought to 
the United States by their parents who were fleeing the civil war in El 
Salvador. That same year, Tony's mother was deported back to El 
Salvador. She tragically died in a drowning accident while trying to 
reenter the United States. Tony's father turned to drugs, abandoned his 
children and was eventually deported in 1994. He has not heard from him 
since. At age 11, Tony became a surrogate father to his younger sister.
  Tony and his sister were taken in by an uncle who had neglected to 
care for them. Eventually, Tony's neighbors, Philip and Linda Bracken, 
invited the children to live with them. The Brackens later adopted 
Olga, who now has permanent residency in this country. The couple 
lacked the resources, however, to adopt Tony and at age 16, Tony was 
left without a home.
  Unfortunately, the adults to which Tony turned for advice counseled 
against turning himself in to the Department of Children Services. They 
feared he could be deported and would never see his sister again. Tony 
could not bear losing the only family he had left; thus he remained on 
his own.
  In 1996, Tony met his high school's wrestling coach, Terrence Fisher. 
Mr. Fisher knew little about Tony's circumstances, but he noticed his 
slight build and extreme sadness. When the coach had discovered Tony 
was homeless and hungry, he invited him to live with his family. Mr. 
Fisher also invited Tony to try out for the school's wrestling team. 
Although he had never wrestled before, Tony was truly a natural.
  By his senior year, Tony had worked hard and captured the California 
state wresting championship for his age group and weight class. He had 
also excelled socially and academically. After Tony graduated from high 
school, he continued to win wrestling championships and has become a 
role model in his community. He is continuing his education by studying 
business at West Valley Occupational Center.

[[Page 40]]

  Tony has been featured on two television programs. In 1998, he was 
featured on an NBC news program called ``Beating the Odds,'' which was 
about young people of great achievement who have overcome enormous 
obstacles. Last year, Tony was featured on a Univision hour-long 
special program, which also spoke to Tony's special circumstances.
  I can think of no one more deserving of permanent residency in this 
country.
  Mr. President, I ask unanimous consent that the attached bill be 
entered into the record with this statement.
  Mr. President, I also ask unanimous consent that the bill and a 
letter from Terrence Fisher, high school coach, which illustrates the 
compelling nature of young man's circumstance, be printed in the 
Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 2002

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

     SECTION 1. PERMANENT RESIDENT STATUS FOR TONY LARA.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act, Tony Lara 
     shall be eligible for issuance of an immigrant visa or for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence upon filing an application for 
     issuance of an immigrant visa under section 204 of such Act 
     or for adjustment of status to lawful permanent resident.
       (b) Adjustment of Status.--If Tony Lara enters the United 
     States before the filing deadline specified in subsection 
     (c), he shall be considered to have entered and remained 
     lawfully and shall, if otherwise eligible, be eligible for 
     adjustment of status under section 245 of the Immigration and 
     Nationality Act as of the date of enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for issuance of an immigrant visa or the application for 
     adjustment of status are filed with appropriate fees within 2 
     years after the date of enactment of this Act.
       (d) Reduction of Immigrant Visa Number.--Upon the granting 
     of an immigrant visa or permanent residence to Guy Taylor, 
     the Secretary of State shall instruct the proper officer to 
     reduce by one, during the current or next following fiscal 
     year, the total number of immigrant visas that are made 
     available to natives of the country of the alien's birth 
     under section 203(a) of the Immigration and Nationality Act 
     or, if applicable, the total number of immigrant visas that 
     are made available to natives of the country of the alien's 
     birth under section 202(e) of such Act.
                                  ____



                                              Terrence Fisher,

                               Northridge, CA, September 12, 1999.
     Senator Dianne Feinstein,
     Hart Senate Building,
     Washington, DC.
       Dear Senator Feinstein: I am a United States citizen and 
     reside with my wife and children in Northridge, California. 
     For the past nine years, I have taught music and coached 
     wrestling, football, and track at El Camino High School in 
     Woodland Hills, California. I write to ask your help in 
     sponsoring a private bill to grant Gerardo (``Tony'') Lara 
     permanent residency.
       Tony is a nineteen year old national of El Salvador who has 
     resided in this country since 1990, and against all odds, has 
     become a high school graduate and California State Wrestling 
     Champion. In 1990, Tony and his sister Olga were brought to 
     the United States by their parents who were fleeing civil 
     war. Tony and Olga were then ten and four years old, 
     respectively.
       The same year, Tony's mother was deported back to El 
     Salvador. When she again fled civil war in her country and 
     tried to reenter the United States, she died in a drowning 
     accident. Tony's father turned to drugs, effectively 
     abandoning Tony and Olga in the United States. From 1991 on, 
     Tony became a surrogate father to his baby sister.
       Between 1990 and 1996, Tony somehow managed to survive and 
     care for his sister. Tony's father was jailed repeatedly for 
     drugs and in 1994 was finally deported. Tony and Olga were 
     given free housing in their uncle's rented apartment, but the 
     uncle was almost never home. Eventually Tony's neighbors, 
     Philip and Linda Bracken, invited Olga to live with them. 
     Olga's relationship with the Brackens became increasingly 
     close, and they eventually adopted Olga. Because of the 
     adoption, Olga now has permanent residency in this country. 
     The Brackets lacked the resources to adopt Tony along with 
     his sister.
       Tony was left on his own. When he had money, he would eat 
     at fast food restaurants. When he did not have money, he 
     would ask his friends for food. Sadly, all adults whom Tony 
     sought help from about his situation told him that if he 
     turned himself in to the Department of Children Services, he 
     could be deported and would never see his sister again. Tony 
     could not bear losing the only family he had left, and thus 
     remained on his own.
       I met Tony in 1996 when he was a student at El Camino Real 
     High School. Tony was a tiny kid, just the size to qualify as 
     a wrestler in the 105-pound division. Though Tony had no 
     wrestling experience, I invited him to try out for the 
     school's wrestling team. Tony had never wrestled before but 
     was a natural. By his senior year, he captured the California 
     state championship for his age group and weight class. I've 
     never coached anyone who works as hard as has Tony.
       I initially knew little of Tony's background, but noticed 
     his extreme sadness. When I asked Tony why he was so sad, he 
     confided in me that he was homeless and hungry. I then 
     invited Tony to live with my family. Tony shares a bedroom 
     with my son. Since moving in with our family, Tony has 
     prospered both socially and academically. I am sure that is 
     because for the first time since he was ten, he has had the 
     loving support of a family and adequate food and shelter. 
     Tony graduated high school and continues to win 
     championships. He is continuing his education by studying 
     business at West Valley Occupational Center.
       Tony has no legal immigration status. His inability to 
     secure permanent residency cannot be attributed to any lack 
     of effort on Tony's part. Tony has a list of forty 
     professionals (lawyers, teachers and guidance counselors) he 
     sought legal advice from. Time and time again, he was told 
     that if the authorities knew of his immigration status or the 
     fact that had no parents in the United States, he would be 
     separated forever from his baby sister. The tragedy is that 
     we now know that had Tony become a ward of the court before 
     age 16, he could have filed a special immigrant visa petition 
     and obtained legal status. And had suspension of deportation 
     not been eliminated in the 1996 immigration law, Tony would 
     easily have qualified for suspension of deportation.
       I am asking for your assistance in sponsoring a private 
     bill on Tony's behalf. I am told that the enactment of a 
     private bill is extremely rare and a real longshot. But 
     Tony's whole life has been a longshot, and I believe that he 
     will overcome the difficulties of securing permanent 
     residency just as he has overcome all the many other 
     obstacles in his life.
       In a time where anti-immigrant sentiments still run high in 
     California, it is important to remember that it was not 
     Tony's choice that his parents fled to the United States 
     during a time of civil war, and it was not his choice that 
     his mother drown in a river or that his father turn to drugs. 
     It was Tony's choice to overcome these tragedies, to care for 
     his baby sister, and to succeed as a high school graduate and 
     a state wrestling champion. To recognize these achievements, 
     Tony was featured in an NBC news program called ``Beating the 
     Odds.''
       The United States would undoubtedly benefit from the 
     contributions that Tony will make as a permanent resident in 
     this country, and I can think of no young man more deserving 
     of our country's support. It is hard to imagine Tony now 
     returning to El Salvador. He would suffer not only extreme 
     poverty (Tony has a weak command of Spanish and no ability to 
     write in Spanish) but extreme emotional distress from losing 
     the family support he has finally found at my home. Most 
     importantly, Tony would suffer the loss of contact with his 
     U.S. citizen sister, now age 12. Our family would also suffer 
     if separated from Tony, as he has truly become a member of 
     our family and the community in which we work and live.
       I look forward to meeting with you further to discuss my 
     request for your assistance. I am joined in asking for your 
     support from the people listed on the attached pages. I thank 
     you in advance for you consideration of this matter.
           Sincerely,
                                                 Terrence Fischer.
                                 ______
                                 
      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

[[Page 41]]

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 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

[[Page 42]]

     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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