I 

109TH CONGRESS 

1ST SESSION H. R. 1244 

To amend title 10, United States Code, to provide health care coverage 

for spouses and children of members of the uniformed services on active 

duty through the Federal Employees Health Benefits program. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 10, 2005 

Mr. ISRAEL introduced the following bill; which was referred to the Committee 

on Armed Services, and in addition to the Committee on Government Reform, 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 10, United States Code, to provide health 

care coverage for spouses and children of members of 

the uniformed services on active duty through the Federal Employees Health Benefits program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. HEALTH CARE COVERAGE FOR SPOUSES AND 

2 CHILDREN OF MEMBERS OF THE UNIFORMED 

3 SERVICES THROUGH FEDERAL EMPLOYEES 

4 HEALTH BENEFITS PROGRAM. 

5 (a) IN GENERAL.—(1) Chapter 55 of title 10, United 

6 States Code, is amended by inserting after section 1108 

7 the following new section: 

8 ‘‘§ 1108a. Health care coverage through Federal Em9 ployees Health Benefits program for 

10 spouses and children 

11 ‘‘(a) FEHBP OPTION.—The Secretary of Defense, 

12 after consulting with the other administering Secretaries, 

13 shall enter into an agreement with the Office of Personnel 

14 Management under which eligible beneficiaries described 

15 in subsection (b) may enroll in health benefits plans of16 fered through the Federal Employees Health Benefits pro17 gram under chapter 89 of title 5. 

18 ‘‘(b) ELIGIBLE BENEFICIARIES; COVERAGE.—(1) An 

19 eligible beneficiary under this subsection is a member of 

20 the uniformed services who is on active duty for a period 

21 of more than 30 days with a dependent described in sub22 paragraphs (A), (D), or (I) of section 1072(2). 

23 ‘‘(2) Eligible beneficiaries may enroll in a Federal 

24 Employees Health Benefits plan under chapter 89 of title 

25 5 under this section for self and family coverage that in-
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1 cludes any dependent of the member who is a family mem2 ber for purposes of such chapter. 

3 ‘‘(3) A person eligible for coverage under this sub4 section shall not be required to satisfy any eligibility cri5 teria specified in chapter 89 of title 5 as a condition for 

6 enrollment in health benefits plans offered through the 

7 Federal Employees Health Benefits program. 

8 ‘‘(4) An eligible beneficiary is not eligible to enroll 

9 in a Federal Employees Health Benefits plan under this 

10 section if a dependent referred to in paragraph (1) of the 

11 beneficiary is eligible to enroll in the Federal Employees 

12 Health Benefits program as an employee under chapter 

13 89 of title 5. 

14 ‘‘(c) PROHIBITION AGAINST DEPENDENTS’ USE OF

15 MTFS AND ENROLLMENT UNDER TRICARE.—Depend16 ents of covered beneficiaries under this chapter who are 

17 provided coverage under the FEHBP shall not be eligible 

18 to receive care at a military medical treatment facility or 

19 to enroll in a heath care plan under the TRICARE pro20 gram. 

21 ‘‘(d) CHARGES.—The Director shall determine total 

22 subscription charges for family coverage for eligible bene23 ficiaries who enroll in a health benefits plan under chapter 

24 89 of title 5 in accordance with this section. The subscrip25 tion charges shall include premium charges paid to the 
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1 plan and amounts described in section 8906(c) of title 5 

2 for administrative expenses and contingency reserves. 

3 ‘‘(e) GOVERNMENT CONTRIBUTIONS.—The Secretary 

4 of Defense shall be responsible for the Government con5 tribution for an eligible beneficiary who enrolls in a health 

6 benefits plan under chapter 89 of title 5 in accordance 

7 with this section, except that the amount of the contribu8 tion may not exceed the amount of the Government con9 tribution which would be payable if the electing beneficiary 

10 were an employee (as defined for purposes of such chap11 ter) enrolled in the same health benefits plan and level 

12 of benefits.’’. 

13 (2) The table of sections at the beginning of such 

14 chapter is amended by inserting after the item relating 

15 to section 1108 the following new item: 

‘‘1108a. Health care coverage through Federal Employees Health Benefits program.’’. 

16 (b) EFFECTIVE DATE.—Section 1108a of title 10, 

17 United States Code, as added by subsection (a), shall take 

18 effect six months after the date of the enactment of this 

19 Act. 

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