The Senate Debate that led to Tricare for Life (TFL)
The amendment (No. 3191) is as follows.
On page 241, strike line 17 and all that follows through page 243, line 19, and insert the following:
SEC. 703. HEALTH CARE FOR MILITARY RETIREES.
(a) FINDINGS.--Congress makes the following findings:
(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.
(b) COVERAGE OF MILITARY RETIREES UNDER FEHBP.--
(1) EARNED COVERAGE FOR CERTAIN RETIREES AND DEPENDENTS.--Chapter 89 of title 5, United States Code, is amended--
(A) 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
(B) in section 8906(b)--
(i) in paragraph (1), by striking ``paragraphs (2) and (3)'' and inserting ``paragraphs (2) through (5)''; and
(ii) 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.''.
(2) COVERAGE FOR OTHER RETIREES AND DEPENDENTS.--(A) Section 1108 of title 10, United States Code, is amended to read as follows:``§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 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.''.
(B) 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.''.
(C) The amendments made by this paragraph shall take effect on January 1, 2001.
(c) EXTENSION OF COVERAGE OF CHAMPUS.--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.
The amendment (No. 3173), as further modified, is as follows:
Strike sections 701 through 704 and insert the following:
SEC. 701. CONDITIONS FOR ELIGIBILITY FOR CHAMPUS UPON THE ATTAINMENT OF 65 YEARS OF AGE.
(a) ELIGIBILITY OF MEDICARE ELIGIBLE PERSONS.--Section 1086(d) of title 10, United States Code, is amended--
(1) by striking paragraph (2) and inserting the following:
``(2) The prohibition contained in paragraph (1) shall not apply to a person referred to in subsection (c) who--
``(A) is enrolled in the supplementary medical insurance program under part B of such title (42 U.S.C. 1395j et seq.); and
``(B) in the case of a person under 65 years of age, is entitled to hospital insurance benefits under part A of title XVIII of the Social Security Act pursuant to subparagraph (A) or (C) of section 226(b)(2) of such Act (42 U.S.C. 426(b)(2)) or section 226A(a) of such Act (42 U.S.C. 426-1(a)).''; and
(2) in paragraph (4), by striking ``paragraph (1) who satisfy only the criteria specified in subparagraphs (A) and (B) of paragraph (2), but not subparagraph (C) of such paragraph,'' and inserting ``subparagraph (B) of paragraph (2) who do not satisfy the condition specified in subparagraph (A) of such paragraph''.
(b) EXTENSION OF TRICARE SENIOR PRIME DEMONSTRATION PROGRAM.--Paragraph (4) of section 1896(b) of the Social Security Act (42 U.S.C. 1395ggg(b)) is amended by striking ``3-year period beginning on January 1, 1998'' and inserting ``period beginning on January 1, 1998, and ending on December 31, 2001''.
(c) EFFECTIVE DATES.--(1) The amendments made by subsection (a) shall take effect on October 1, 2001.
(2) The amendment made by subsection (b) shall take effect on the date of the enactment of this Act.
(d) ADJUSTMENT FOR BUDGET-RELATED RESTRICTIONS.--Effective on October 1, 2003, section 1086(d)(2) of title 10, United States Code, as amended by subsection (a), is further amended by striking ``in the case of a person under 65 years of age,'' and inserting ``is under 65 years of age and''.
[Rollcall Vote No. 117 Leg.]
YEAS--96
Abraham
Akaka
Allard
Ashcroft
Baucus
Bayh
Bennett
Biden
Bingaman
Bond
Boxer
Breaux
Brownback
Bryan
Bunning
Burns
Byrd
Campbell
Chafee, L.
Cleland
Cochran
Collins
Conrad
Coverdell
Craig
Daschle
DeWine
Dodd
Dorgan
Durbin
Edwards
Enzi
Feingold
Feinstein
Fitzgerald
Frist
Gorton
Graham
Gramm
Grams
Grassley
Gregg
Hagel
Hatch
Helms
Hollings
Hutchinson
Hutchison
Inhofe
Inouye
Jeffords
Johnson
Kennedy
Kerry
Kohl
Kyl
Landrieu
Lautenberg
Leahy
Levin
Lieberman
Lincoln
Lott
Lugar
Mack
McCain
McConnell
Mikulski
Moynihan
Murkowski
Murray
Nickles
Reed
Reid
Robb
Roberts
Rockefeller
Roth
Santorum
Sarbanes
Schumer
Sessions
Shelby
Smith (NH)
Smith (OR)
Snowe
Specter
Stevens
Thomas
Thompson
Thurmond
Torricelli
Voinovich
Warner
Wellstone
Wyden
NAYS--1
Kerrey
NOT VOTING--3
Crapo
Domenici
Harkin
[Rollcall Vote No. 118 Leg.]
YEAS--52
Abraham
Akaka
Ashcroft
Bayh
Bennett
Biden
Bingaman
Boxer
Breaux
Bryan
Burns
Cleland
Collins
Conrad
Daschle
DeWine
Dorgan
Durbin
Edwards
Feinstein
Gorton
Grams
Harkin
Hatch
Hollings
Jeffords
Johnson
Kennedy
Kerry
Kohl
Landrieu
Leahy
Lieberman
Lincoln
McCain
Mikulski
Moynihan
Murray
Reid
Robb
Rockefeller
Roth
Santorum
Sarbanes
Schumer
Shelby
Smith (NH)
Snowe
Thomas
Torricelli
Wellstone
Wyden
NAYS--46
Allard
Baucus
Bond
Brownback
Bunning
Byrd
Campbell
Chafee, L.
Cochran
Coverdell
Craig
Dodd
Enzi
Feingold
Fitzgerald
Frist
Graham
Gramm
Grassley
Gregg
Hagel
Helms
Hutchinson
Hutchison
Inhofe
Inouye
Kerrey
Kyl
Lautenberg
Levin
Lott
Lugar
Mack
McConnell
Murkowski
Nickles
Reed
Roberts
Sessions
Smith (OR)
Specter
Stevens
Thompson
Thurmond
Voinovich
Warner
NOT VOTING--2
Crapo
Domenici
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