I 
108TH CONGRESS 
1ST SESSION H. R. 2176
To amend title 10, United States Code, to provide limited TRICARE program 
eligibility for members of the Ready Reserve of the Armed Forces, 
to provide financial support for continuation of health insurance for 
mobilized members of reserve components of the Armed Forces, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2003
Mr. TURNER of Ohio (for himself, Mr. HOBSON, and Ms. KAPTUR) introduced 
the following bill; which was referred to the Committee on Armed Serv-
ices, and in addition to the Committees on Energy and Commerce, Edu-
cation and the Workforce, and Ways and Means, for a period to be subse-
quently 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 limited 
TRICARE program eligibility for members of the Ready 
Reserve of the Armed Forces, to provide financial sup-
port for continuation of health insurance for mobilized 
members of reserve components of the Armed Forces, 
and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘National Guard and 
Reserve Comprehensive Health Benefits Act of 2003’’. 
SEC. 2. TRICARE COVERAGE FOR MEMBERS OF THE READY 
RESERVE. 
(a) ELIGIBILITY.—(1) Chapter 55 of title 10, United 
States Code, is amended by inserting after section 1076a 
the following new section: 
‘‘§ 1076b. TRICARE program: coverage for members 
of the Ready Reserve 
‘‘(a) ELIGIBILITY.—Members of the Selected Reserve 
of the Ready Reserve and members of the Individual 
Ready Reserve described in subsection 10144(b) of this 
title are eligible, subject to subsection (h)(1), to enroll in 
the following TRICARE program options: 
‘‘(1) TRICARE Prime. 
‘‘(2) TRICARE Standard. 
‘‘(b) TYPES OF COVERAGE.—(1) A member eligible 
under subsection (a) may enroll for either of the following 
types of coverage: 
‘‘(A) Self alone coverage. 
‘‘(B) Self and family coverage. 
‘‘(2) An enrollment by a member for self and family 
covers the member and the dependents of the member who 
are described in subparagraph (A), (D), or (I) of section 
1072(2) of this title.
‘‘(c) OPEN ENROLLMENT PERIODS.—The Secretary 
of Defense shall provide for at least one open enrollment 
period each year. During an open enrollment period, a 
member eligible under subsection (a) may enroll in the 
TRICARE program or change or terminate an enrollment 
in the TRICARE program. 
‘‘(d) SCOPE OF CARE.—(1) A member and the de-
pendents of a member enrolled in the TRICARE program 
under this section shall be entitled to the same benefits 
under this chapter as a member of the uniformed services 
on active duty or a dependent of such a member, respec-
tively. 
‘‘(2) Section 1074(c) of this title shall apply with re-
spect to a member enrolled in the TRICARE program 
under this section. 
‘‘(e) PREMIUMS.—(1) The Secretary of Defense shall 
charge premiums for coverage pursuant to enrollments 
under this section. The Secretary shall prescribe for each 
of the TRICARE program options referred to in sub-
section (a) a premium for self alone coverage and a pre-
mium for self and family coverage. 
‘‘(2) The monthly amount of the premium in effect 
for a month for a type of coverage under this section shall 
be the amount equal to 28 percent of the total amount
determined by the Secretary on an appropriate actuarial 
basis as being reasonable for the coverage. 
‘‘(3) The premiums payable by a member under this 
subsection may be deducted and withheld from basic pay 
payable to the member under section 204 of title 37 or 
from compensation payable to the member under section 
206 of such title. The Secretary shall prescribe the re-
quirements and procedures applicable to the payment of 
premiums by members not entitled to such basic pay or 
compensation. 
‘‘(4) Amounts collected as premiums under this sub-
section shall be credited to the appropriation available for 
the Defense Health Program Account under section 1100 
of this title, shall be merged with sums in such Account 
that are available for the fiscal year in which collected, 
and shall be available under subsection (b) of such section 
for such fiscal year. 
‘‘(f) OTHER
CHARGES.—A person who receives 
health care pursuant to an enrollment in a TRICARE pro-
gram option under this section, including a member who 
receives such health care, shall be subject to the same 
deductibles, copayments, and other nonpremium charges 
for health care as apply under this chapter for health care 
provided under the same TRICARE program option to de-
pendents described in subparagraph (A), (D), or (I) of sec-
tion 1072(2) of this title. 
‘‘(g) TERMINATION OF ENROLLMENT.—(1) A mem-
ber enrolled in the TRICARE program under this section 
may terminate the enrollment only during an open enroll-
ment period provided under subsection (c), except as pro-
vided in subsection (h)(2). 
‘‘(2) An enrollment of a member for self alone or for 
self and family under this section shall terminate on the 
first day of the first month beginning after the date on 
which the member ceases to be eligible under subsection 
(a). 
‘‘(3) The enrollment of a member under this section 
may be terminated on the basis of failure to pay the pre-
mium charged the member under this section. 
‘‘(h) RELATIONSHIP TO TRANSITION TRICARE COV-
ERAGE UPON SEPARATION FROM ACTIVE DUTY.—(1) A 
member may not enroll in the TRICARE program under 
this section while entitled to transitional health care under 
subsection (a) of section 1145 of this title or while author-
ized to receive health care under subsection (c) of such 
section. 
‘‘(2) A member who enrolls in the TRICARE pro-
gram under this section within 90 days after the date of 
the termination of the member’s entitlement or eligibility
to receive health care under subsection (a) or (c) of section 
1145 of this title may terminate the enrollment at any 
time within one year after the date of the enrollment. 
‘‘(i) REGULATIONS.—The Secretary of Defense, in 
consultation with the other administering Secretaries, 
shall prescribe regulations for the administration of this 
section.’’. 
(2) The table of sections at the beginning of such 
chapter is amended by inserting after the item relating 
to section 1076a the following new item:
‘‘1076b. TRICARE program: coverage for members of the Ready Reserve.’’.
(b) DEFINITIONS.—(1) Section 1072 of title 10, 
United States Code, is amended by adding at the end the 
following new paragraphs: 
‘‘(10) The term ‘TRICARE Prime’ means the 
managed care option of the TRICARE program. 
‘‘(11) The term ‘TRICARE Standard’ means 
the option of the TRICARE program that is also 
known as the Civilian Health and Medical Program 
of the Uniformed Services’’. 
(2) Section 1097a(f) of such title is amended by 
striking ‘‘DEFINITIONS.—In this section:’’ and all that fol-
lows through ‘‘(2) The term’’ and inserting ‘‘CATCHMENT 
AREA DEFINED.—In this section, the term’’. 
(c) PERIOD FOR IMPLEMENTATION.—Section 1076b 
of title 10, United States Code (as added by subsection
(a)), shall apply with respect to months that begin on or 
after the date that is 180 days after the date of the enact-
ment of this Act. 
SEC. 3. ALLOWANCE FOR CONTINUATION OF NON-TRICARE 
HEALTH BENEFITS COVERAGE FOR CERTAIN 
MOBILIZED RESERVES. 
(a) PAYMENT OF PREMIUMS.—(1) Chapter 55 of title 
10, United States Code, is amended by inserting after sec-
tion 1078a the following new section: 
‘‘§ 1078b. Continuation of non-TRICARE health bene-
fits plan coverage for certain Reserves 
called or ordered to active duty and their 
dependents 
‘‘(a) PAYMENT OF PREMIUMS.—The Secretary con-
cerned shall pay the applicable premium to continue in 
force any qualified health benefits plan coverage for an 
eligible reserve component member for the benefits cov-
erage continuation period if timely elected by the member 
in accordance with regulations prescribed under sub-
section (j). 
‘‘(b) ELIGIBLE MEMBER.—A member of a reserve 
component is eligible for payment of the applicable pre-
mium for continuation of qualified health benefits plan 
coverage under subsection (a) while serving on active duty 
pursuant to a call or order issued under a provision of
law referred to in section 101(a)(13)(B) of this title dur-
ing a war or national emergency declared by the President 
or Congress. 
‘‘(c) QUALIFIED HEALTH BENEFITS PLAN COV-
ERAGE.—For the purposes of this section, health benefits 
plan coverage for a member called or ordered to active 
duty is qualified health benefits plan coverage if—
‘‘(1) the coverage was in force on the date on 
which the Secretary notified the member that 
issuance of the call or order was pending or, if no 
such notification was provided, the date of the call 
or order; 
‘‘(2) on such date, the coverage applied to the 
member and dependents of the member described in 
subparagraph (A), (D), or (I) of section 1072(2) of 
this title; and 
‘‘(3) the coverage has not lapsed. 
‘‘(d) APPLICABLE PREMIUM.—The applicable pre-
mium payable under this section for continuation of health 
benefits plan coverage in the case of a member is the 
amount of the premium payable by the member for the 
coverage of the member and dependents. 
‘‘(e) MAXIMUM AMOUNT.—The total amount that 
may be paid for the applicable premium of a health bene-
fits plan for a member under this section in a fiscal year 
may not exceed the amount determined by multiplying—
‘‘(1) the sum of one plus the number of the 
member’s dependents covered by the health benefits 
plan, by 
‘‘(2) the per capita cost of providing TRICARE 
coverage and benefits for dependents under this 
chapter for such fiscal year, as determined by the 
Secretary of Defense. 
‘‘(f) BENEFITS
COVERAGE
CONTINUATION
PE-
RIOD.—The benefits coverage continuation period under 
this section for qualified health benefits plan coverage in 
the case of a member called or ordered to active duty is 
the period that—
‘‘(1) begins on the date of the call or order; and 
‘‘(2) ends on the earlier of the date on which—
‘‘(A) the member’s eligibility for transi-
tional health care under section 1145(a) of this 
title terminates under paragraph (3) of such 
section; or 
‘‘(B) the member elects to terminate the 
continued qualified health benefits plan cov-
erage of the dependents of the member.
‘‘(g) EXTENSION
OF PERIOD
OF COBRA COV-
ERAGE.—Notwithstanding any other provision of law—
‘‘(1) any period of coverage under a COBRA 
continuation 
provision 
(as 
defined 
in 
section 
9832(d)(1) of the Internal Revenue Code of 1986) 
for a member under this section shall be deemed to 
be equal to the benefits coverage continuation period 
for such member under this section; and 
‘‘(2) with respect to the election of any period 
of coverage under a COBRA continuation provision 
(as so defined), rules similar to the rules under sec-
tion 4980B(f)(5)(C) of such Code shall apply. 
‘‘(h) NONDUPLICATION OF BENEFITS.—A dependent 
of a member who is eligible for benefits under qualified 
health benefits plan coverage paid on behalf of a member 
by the Secretary concerned under this section is not eligi-
ble for benefits under the TRICARE program during a 
period of the coverage for which so paid. 
‘‘(i) REVOCABILITY OF ELECTION.—A member who 
makes an election under subsection (a) may revoke the 
election. Upon such a revocation, the member’s depend-
ents shall become eligible for benefits under the 
TRICARE program as provided for under this chapter. 
‘‘(j) REGULATIONS.—The Secretary of Defense shall 
prescribe regulations for carrying out this section. The 
regulations shall include such requirements for making an
election of payment of applicable premiums as the Sec-
retary considers appropriate.’’. 
(2) The table of sections at the beginning of such 
chapter is amended by inserting after the item relating 
to section 1078a the following new item:
‘‘1078b. Continuation of non-TRICARE health benefits plan coverage for cer-
tain Reserves called or ordered to active duty and their depend-
ents.’’.
(b) APPLICABILITY.—Section 1078b of title 10, 
United States Code (as added by subsection (a)), shall 
apply with respect to calls or orders of members of reserve 
components of the Armed Forces to active duty as de-
scribed in subsection (b) of such section, that are issued 
by the Secretary of a military department on or after the 
date of the enactment of this Act.
Æ