(d) CONFORMING REPEALS.—
(1) Section 1076d of title 10, United States 
Code, is repealed, and the table of sections at the be-
ginning of chapter 55 of such title is amended by 
striking out the item relating to such section. 
(2) Subsection (b) of section 701 of the Ronald 
W. Reagan National Defense Authorization Act for 
Fiscal Year 2005 (Public Law 108–375; 118 Stat. 
1981) is repealed. 
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