I 
109TH CONGRESS 
1ST SESSION 
H. R. 602 
To restore health care coverage to retired members of the uniformed services, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 2, 2005 
Mr. VAN HOLLEN (for himself, Mr. EDWARDS, Mr. MILLER of Florida, and 
Mr. CUNNINGHAM) introduced the following bill; which was referred to 
the Committee on Armed Services, and in addition to the Committees on 
Government Reform, Ways and Means, and Energy and Commerce, 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 com-
mittee concerned 
A BILL 
To restore health care coverage to retired members of the 
uniformed services, 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 ‘‘Keep Our Promise to 
America’s Military Retirees Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following:
(1) No statutory health care program existed 
for members of the uniformed services who entered 
service prior to December 7, 1956, and retired after 
serving a minimum of 20 years. 
(2) Recruiters, re-enlistment counselors, and of-
ficers at all levels of the uniformed services, and 
other government officials, as agents of the United 
States Government, used recruiting tactics that al-
lowed members who entered the uniformed services 
prior to December 7, 1956, to believe they would be 
entitled to fully paid lifetime health care upon retire-
ment. 
(3) In the United States Court of Appeals for 
the Federal Circuit decision of November 18, 2002, 
in Schism v. United States (No. 99–1402), the 
Court said: ‘‘Accordingly, we must affirm the dis-
trict court’s judgment and can do no more than 
hope Congress will make good on the promises re-
cruiters made in good faith to plaintiffs and others 
of the World War II and Korean War era—from 
1941 to 1956, when Congress enacted its first 
health care insurance act for military members, ex-
cluding older retirees. . . . We cannot readily imag-
ine more sympathetic plaintiffs than the retired offi-
cers of the World War II and Korean War era in-
volved in this case. They served their country for at 
least 20 years with the understanding that when 
they retired they and their dependents would receive 
full free health care for life. The promise of such 
health care was made in good faith and relied upon. 
Again, however, because no authority existed to 
make such promises in the first place, and because 
Congress has never ratified or acquiesced to this 
promise, we have no alternative but to uphold the 
judgment against the retirees’ breach-of-contract 
claim. . . . Perhaps Congress will consider using its 
legal power to address the moral claims raised by 
Schism and Reinlie on their own behalf, and indi-
rectly for other affected retirees.’’. 
(4) Only the United States Congress can make 
good on the promises recruiters made in good faith 
to plaintiffs and others of the World War II and Ko-
rean War era. 
(5) Statutes enacted in 1956 allowed those who 
entered service on or after December 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 serv-
ices, subject to the availability of space and facilities 
and the capabilities of the medical and dental staff.
(6) Recruiters, re-enlistment counselors, and of-
ficers at all levels of the uniformed services, and 
other government officials, as agents of the United 
States Government, continued to allow members who 
entered the uniformed services to believe they would 
be entitled to fully paid lifetime health care upon re-
tirement, despite enactment of statutes in 1956, 
subsequent statutes, and the issuance of regulations 
that defined and limited the availability of medical 
care to retired members of the uniformed services. 
(7) 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 difficult or virtually nonexistent 
for many military retirees. 
(8) The failure to provide adequate health care 
upon retirement is preventing the retired members 
of the uniformed services from recommending, with-
out reservation, that young men and women make a 
career of any military service. 
(9) Although provisions in the Floyd D. Spence 
National Defense Authorization Act for Fiscal Year 
2001 (as enacted into law by Public Law 106–398) 
extended coverage under the TRICARE program to