I 
108TH CONGRESS 
1ST SESSION H. R. 2361
To amend title XVIII of the Social Security Act to waive the part B late 
enrollment penalty for military retirees who enroll by December 31, 
2004, and to provide a special part B enrollment period for such retirees. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 5, 2003
Mr. CARDIN (for himself, Ms. DUNN, Mr. FOLEY, Mr. MCNULTY, Mr. AN-
DREWS, Mr. SMITH of New Jersey, Mr. FROST, Mr. SANDLIN, Mr. 
GILLMOR, Mrs. CAPITO, Mr. FRANK of Massachusetts, Mr. EDWARDS, 
Mr. HOLDEN, Mr. PAUL, Mr. KANJORSKI, Ms. LOFGREN, Mr. MORAN of 
Virginia, and Mr. GOODE) introduced the following bill; which was re-
ferred to the Committee on Energy and Commerce, and in addition to 
the Committee on Ways and Means, for a period to be subsequently de-
termined 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 XVIII of the Social Security Act to waive 
the part B late enrollment penalty for military retirees 
who enroll by December 31, 2004, and to provide a 
special part B enrollment period for such retirees.
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 ‘‘The TRICARE Retir-
ees Opportunity Act of 2003’’.
SEC. 2. WAIVER OF MEDICARE PART B LATE ENROLLMENT 
PENALTY FOR CERTAIN MILITARY RETIREES; 
SPECIAL ENROLLMENT PERIOD. 
(a) WAIVER OF PENALTY.—
(1) IN GENERAL.—Section 1839(b) of the So-
cial Security Act (42 U.S.C. 1395r(b)) is amended 
by adding at the end the following new sentence: 
‘‘No increase in the premium shall be effected for a 
month in the case of an individual who is 65 years 
of age or older, who enrolls under this part during 
2001, 2002, 2003, or 2004 and who demonstrates to 
the Secretary before December 31, 2004, that the 
individual is a covered beneficiary (as defined in sec-
tion 1072(5) of title 10, United States Code). The 
Secretary of Health and Human Services shall con-
sult with the Secretary of Defense in identifying in-
dividuals described in the previous sentence.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply to premiums for 
months beginning with January 2001. The Secretary 
of Health and Human Services shall establish a 
method for providing rebates of premium penalties 
paid for months on or after January 2001 for which 
a penalty does not apply under such amendment but 
for which a penalty was previously collected.
(b) MEDICARE PART B SPECIAL ENROLLMENT PE-
RIOD.—
(1) IN GENERAL.—In the case of any individual 
who, as of the date of the enactment of this Act, is 
65 years of age or older, is eligible to enroll but is 
not enrolled under part B of title XVIII of the So-
cial Security Act, and is a covered beneficiary (as 
defined in section 1072(5) of title 10, United States 
Code), the Secretary of Health and Human Services 
shall provide for a special enrollment period during 
which the individual may enroll under such part. 
Such period shall begin as soon as possible after the 
date of the enactment of this Act and shall end on 
December 31, 2004. 
(2) COVERAGE PERIOD.—In the case of an indi-
vidual who enrolls during the special enrollment pe-
riod provided under paragraph (1), the coverage pe-
riod under part B of title XVIII of the Social Secu-
rity Act shall begin on the first day of the month 
following the month in which the individual enrolls.
Æ