I 

110TH CONGRESS 

1ST SESSION H. R. 579 

To amend title 10, United States Code, to prohibit certain increases in 

fees for military health care. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 19, 2007 

Mr. EDWARDS (for himself and Mr. JONES of North Carolina) introduced the 

following bill; which was referred to the Committee on Armed Services 

A BILL 

To amend title 10, United States Code, to prohibit certain 

increases in fees for military health care. 

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 ‘‘Military Retirees 

5 Health Care Protection Act’’. 

6 SEC. 2. FINDINGS AND SENSE OF CONGRESS. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Career uniformed service members and their 

9 families endured unique and extraordinary demands 


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1 and sacrifices during the course of a 20- to 30-year 

2 career in protecting freedoms for all Americans. 

3 (2) The extent of these demands and sacrifices 

4 is never so evident as in wartime, not only in today’s 

5 Global War on Terrorism, but also during the last 

6 6 decades of hot and cold wars when today’s retired 

7 service members were on continuous call to enter 

8 into harm’s way when and as needed. 

9 (3) The demands and sacrifices are such that 

10 few Americans are willing to accept them for a 

11 multi-decade career. 

12 (4) The primary offset for enduring the ex13 traordinary sacrifices inherent in a military career is 

14 a system of extraordinary retirement benefits, in15 cluding health care coverage considerably better than 

16 that afforded civilian workers, that a grateful Nation 

17 provides for those who choose to subordinate much 

18 of their personal life to the national interest for so 

19 many years. 

20 (5) Many private sector firms are curtailing 

21 health benefits and shifting significantly higher costs 

22 to their employees. 

23 (6) One effect of such curtailment is that re24 tired service members who work for such employers 


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1 are turning to use of the TRICARE coverage they 

2 earned by their military service. 

3 (7) In some cases, civilian employers establish 

4 financial incentives for TRICARE-eligible employees 

5 to use TRICARE rather than the civilian employers’ 

6 coverage. 

7 (8) While the Department of Defense has made 

8 some efforts to constrain TRICARE program costs, 

9 a large part of the Department’s effort is to shift a 

10 larger share of cost burdens to retired service mem11 bers. 

12 (9) The cumulative increases in enrollment fees, 

13 deductibles, and co-payments being proposed by the 

14 Department of Defense far exceed the 33-percent 

15 growth in military retired pay since the retired mem16 bers’ fees were established 11 years ago. 

17 (10) The beneficiary cost increases being pro18 posed by the Department of Defense fail to recog19 nize adequately that career service members paid 

20 enormous in-kind premiums through their extended 

21 service and sacrifice. 

22 (11) A significant share of the Nation’s health 

23 care providers refuse to accept new TRICARE pa24 tients because TRICARE pays them significantly 


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1 less than commercial insurance programs and im2 poses unique administrative requirements. 

3 (12) The significant majority of the savings the 

4 Department of Defense associates with the proposed 

5 fee increases is expected to come from deterring a 

6 large portion of TRICARE beneficiaries from using 

7 their earned military health benefits. 

8 (13) The Department of Defense has chosen to 

9 count the accrual deposit to the Department of De10 fense Medicare-Eligible Retiree Health Care Fund 

11 against the Department of Defense’s budget, con12 trary to the amendments made by section 725 of 

13 Public Law 108–375. 

14 (14) Department of Defense leaders have re15 ported to Congress that counting such deposits 

16 against the Department of Defense’s budget is im17 pinging on other readiness needs, including weapons 

18 programs, an inappropriate situation which section 

19 725 of Public Law 108–375 was intended expressly 

20 to prevent. 

21 (b) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) the Department of Defense and the Nation 

24 have a committed health benefits obligation to re25 tired uniformed service members that exceeds the 


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1 obligation of corporate employers to civilian employ2 ees; and 

3 (2) the Department of Defense has many addi4 tional options to constrain the growth of health care 

5 spending in ways that do not disadvantage bene6 ficiaries and should pursue any and all such options 

7 rather than seeking large fee increases for bene8 ficiaries. 

9 SEC. 3. PROHIBITION ON INCREASES IN CERTAIN HEALTH 

10 COSTS AND RESTRICTIONS ON HEALTH BEN11 EFIT ADJUSTMENTS FOR MEMBERS OF THE 

12 UNIFORMED SERVICES. 

13 (a) PROHIBITION ON INCREASE IN CHARGES UNDER

14 CONTRACTS FOR MEDICAL CARE.—Section 1097(e) of 

15 title 10, United States Code, is amended in the last sen16 tence— 

17 (1) by striking ‘‘during the period beginning 

18 on’’ and inserting ‘‘after’’; and 

19 (2) by striking ‘‘, and ending on September 30, 

20 2007’’. 

21 (b) PROHIBITION ON INCREASE IN AMOUNT OF COST

22 SHARING REQUIREMENT UNDER PHARMACY BENEFITS

23 PROGRAM.—Section 1074g of title 10, United States 

24 Code, is amended by adding at the end of subsection 

25 (a)(6)(A) the following: ‘‘After September 30, 2007, the 


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1 dollar amount of a cost sharing requirement (whether es2 tablished as a percentage or a fixed dollar amount) may 

3 not be increased.’’. 

4 (c) PROHIBITION ON INCREASE IN CHARGES FOR IN5 PATIENT CARE.—Section 1086(b)(3) of title 10, United 

6 States Code, is amended by striking ‘‘during the period 

7 beginning on April 1, 2006, and ending on September 30, 

8 2007’’. 

9 (d) PROHIBITION ON INCREASE IN PREMIUMS

10 UNDER TRICARE COVERAGE FOR CERTAIN MEMBERS

11 IN THE SELECTED RESERVE.—Section 1076d(d)(3) of 

12 title 10, United States Code, is amended by striking ‘‘Dur13 ing the period beginning on April 1, 2006, and ending on 

14 September 30, 2007’’ and inserting ‘‘Beginning on April 

15 1, 2006’’. 

Æ 


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