I 

108TH CONGRESS 

1ST SESSION H. R. 2361

To amend title XVIII of the Social Security Act to waive the part B late 

enrollment penalty for military retirees who enroll by December 31, 

2004, and to provide a special part B enrollment period for such retirees. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 5, 2003

Mr. CARDIN (for himself, Ms. DUNN, Mr. FOLEY, Mr. MCNULTY, Mr. ANDREWS, Mr. SMITH of New Jersey, Mr. FROST, Mr. SANDLIN, Mr. 

GILLMOR, Mrs. CAPITO, Mr. FRANK of Massachusetts, Mr. EDWARDS, 

Mr. HOLDEN, Mr. PAUL, Mr. KANJORSKI, Ms. LOFGREN, Mr. MORAN of 

Virginia, and Mr. GOODE) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL

To amend title XVIII of the Social Security Act to waive 

the part B late enrollment penalty for military retirees 

who enroll by December 31, 2004, and to provide a 

special part B enrollment period for such retirees.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘The TRICARE Retir5 ees Opportunity Act of 2003’’.
2

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1 SEC. 2. WAIVER OF MEDICARE PART B LATE ENROLLMENT 

2 PENALTY FOR CERTAIN MILITARY RETIREES; 

3 SPECIAL ENROLLMENT PERIOD. 

4 (a) WAIVER OF PENALTY.—

5 (1) IN GENERAL.—Section 1839(b) of the So6 cial Security Act (42 U.S.C. 1395r(b)) is amended 

7 by adding at the end the following new sentence: 

8 ‘‘No increase in the premium shall be effected for a 

9 month in the case of an individual who is 65 years 

10 of age or older, who enrolls under this part during 

11 2001, 2002, 2003, or 2004 and who demonstrates to 

12 the Secretary before December 31, 2004, that the 

13 individual is a covered beneficiary (as defined in sec14 tion 1072(5) of title 10, United States Code). The 

15 Secretary of Health and Human Services shall con16 sult with the Secretary of Defense in identifying in17 dividuals described in the previous sentence.’’. 

18 (2) EFFECTIVE DATE.—The amendment made 

19 by paragraph (1) shall apply to premiums for 

20 months beginning with January 2001. The Secretary 

21 of Health and Human Services shall establish a 

22 method for providing rebates of premium penalties 

23 paid for months on or after January 2001 for which 

24 a penalty does not apply under such amendment but 

25 for which a penalty was previously collected. 
3

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1 (b) MEDICARE PART B SPECIAL ENROLLMENT PE2 RIOD.—

3 (1) IN GENERAL.—In the case of any individual 

4 who, as of the date of the enactment of this Act, is 

5 65 years of age or older, is eligible to enroll but is 

6 not enrolled under part B of title XVIII of the So7 cial Security Act, and is a covered beneficiary (as 

8 defined in section 1072(5) of title 10, United States 

9 Code), the Secretary of Health and Human Services 

10 shall provide for a special enrollment period during 

11 which the individual may enroll under such part. 

12 Such period shall begin as soon as possible after the 

13 date of the enactment of this Act and shall end on 

14 December 31, 2004. 

15 (2) COVERAGE PERIOD.—In the case of an indi16 vidual who enrolls during the special enrollment pe17 riod provided under paragraph (1), the coverage pe18 riod under part B of title XVIII of the Social Secu19 rity Act shall begin on the first day of the month 

20 following the month in which the individual enrolls.

Æ