I 
111TH CONGRESS 
1ST SESSION 
H. R. 816 
To amend title 10, United States Code, to prohibit certain increases in 
fees for military health care. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 3, 2009 
Mr. EDWARDS of Texas (for himself and Mr. JONES) 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. 
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 ‘‘Military Retirees 
Health Care Protection Act’’. 
SEC. 2. FINDINGS AND SENSE OF CONGRESS. 
(a) FINDINGS.—Congress finds the following: 
(1) Career uniformed service members and their 
families endure unique and extraordinary demands 
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and sacrifices during the course of a decades-long 
career protecting freedoms for all Americans. 
(2) The extent of these demands and sacrifices 
is never so evident as in wartime, not only in today’s 
Global War on Terrorism, but also during the last 
6 decades of hot and cold wars when today’s retired 
service members were on continuous call to enter 
into harm’s way when and as needed. 
(3) The demands and sacrifices are such that 
few Americans are willing to accept them for a 
multi-decade career. 
(4) The primary offset for enduring the ex-
traordinary sacrifices inherent in a military career is 
a system of extraordinary retirement benefits, in-
cluding health care coverage considerably better than 
that afforded civilian workers, that a grateful Nation 
provides for those who choose to subordinate much 
of their personal life to the national interest for so 
many years. 
(5) Many private sector firms are curtailing 
health benefits and shifting significantly higher costs 
to their employees. 
(6) One effect of such curtailment is that re-
tired service members who work for such employers 
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increasingly depend on the TRICARE coverage they 
earned by their military service. 
(7) While the Department of Defense has made 
some efforts to constrain TRICARE program costs, 
a large part of the Department’s effort has been 
aimed at shifting a larger share of cost burdens to 
retired service members. 
(8) The beneficiary cost increases proposed by 
the Department of Defense fail to recognize ade-
quately that career service members paid enormous 
in-kind premiums through their extended service and 
sacrifice. 
(9) A significant share of the Nation’s health 
care providers refuse to accept new TRICARE pa-
tients because TRICARE pays them significantly 
less than commercial insurance programs and im-
poses unique administrative requirements. 
(10) The significant majority of the savings 
that the Department of Defense associates with the 
proposed fee increases is expected to come from de-
terring a large portion of TRICARE beneficiaries 
from using their earned military health benefits. 
(11) The Department of Defense has chosen to 
count the accrual deposit to the Department of De-
fense Medicare-Eligible Retiree Health Care Fund 
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against the budget of the Department of Defense, 
contrary to the amendments made by section 725 of 
Public Law 108–375. 
(12) Leaders of the Department of Defense 
have reported to Congress that counting such depos-
its against the budget of the Department of Defense 
is impinging on other readiness needs, including 
weapons programs, an inappropriate situation which 
section 725 of Public Law 108–375 was intended ex-
pressly to prevent. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the Department of Defense and the Nation 
have a committed health benefits obligation to re-
tired uniformed service members that exceeds the 
obligation of corporate employers to civilian employ-
ees; and 
(2) the Department of Defense has many addi-
tional options to constrain the growth of health care 
spending in ways that do not disadvantage bene-
ficiaries and should pursue any and all such options 
rather than seeking large fee increases for bene-
ficiaries. 
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SEC. 3. PROHIBITION ON INCREASES IN CERTAIN HEALTH 
COSTS AND RESTRICTIONS ON HEALTH BEN-
EFIT ADJUSTMENTS FOR MEMBERS OF THE 
UNIFORMED SERVICES. 
(a) PROHIBITION ON INCREASE IN CHARGES UNDER 
CONTRACTS FOR MEDICAL CARE.—Section 1097(e) of 
title 10, United States Code, is amended in the last sen-
tence— 
(1) by striking ‘‘during the period beginning 
on’’ and inserting ‘‘after’’; and 
(2) by striking ‘‘, and ending on September 30, 
2009’’. 
(b) PROHIBITION ON INCREASE IN AMOUNT OF COST 
SHARING REQUIREMENT UNDER PHARMACY BENEFITS 
PROGRAM.—Section 1074g(a)(6)(A) of title 10, United 
States Code, is amended by adding at the end the fol-
lowing: ‘‘After September 30, 2009, the dollar amount of 
a cost sharing requirement (whether established as a per-
centage or a fixed dollar amount) may not be increased.’’. 
(c) PROHIBITION ON INCREASE IN CHARGES FOR IN-
PATIENT CARE.—Section 1086(b)(3) of title 10, United 
States Code, is amended by striking ‘‘during the period 
beginning on April 1, 2006, and ending on September 30, 
2009’’. 
(d) PROHIBITION
ON
INCREASE
IN
PREMIUMS 
UNDER TRICARE COVERAGE FOR CERTAIN MEMBERS 
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IN THE SELECTED RESERVE.—Section 1076d(d)(3) of 
title 10, United States Code, is amended to read as fol-
lows: 
‘‘(3) Beginning on January 1, 2009, the month-
ly amount of the premium for TRICARE Standard 
coverage under this section may not be increased 
above the amount in effect for the month of Sep-
tember 2008.’’. 
Æ 
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