I
105TH CONGRESS
1ST SESSION
H. R. 1631
To amend title 5, United States Code, to make coverage under the health
benefits program for Federal employees available to military dependents
and military retirees, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 1997
Mr. MICA introduced the following bill; which was referred to the Committee
on Government Reform and Oversight, and in addition to the Committee
on National Security, 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 committee concerned
A BILL
To amend title 5, United States Code, to make coverage
under the health benefits program for Federal employees
available to military dependents and military retirees,
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 ‘‘Military Health Care
Choice Act of 1997’’.
SEC. 2. ELIGIBILITY.
(a) IN GENERAL.—Chapter 89 of title 5, United
States Code, is amended by adding at the end the follow-
ing:
‘‘§ 8915. Military dependents and military retirees
‘‘(a) EXTENSION OF COVERAGE.—The Office of Per-
sonnel Management, in consultation with the appropriate
Secretaries, shall take such steps as may be necessary in
order to make benefits under this chapter available to mili-
tary retirees, military dependents, and others, in accord-
ance with this section.
‘‘(b) ELECTION OF COVERAGE UNDER THIS CHAP-
TER INSTEAD OF CHAPTER 55 OF TITLE 10.—
‘‘(1) ELECTIONS AVAILABLE.—
‘‘(A) TO
AN
ACTIVE
DUTY
MEMBER.—A
member of a regular component of the Armed
Forces on active duty who is entitled to medical
and dental care under section 1074(a) of title
10 may enroll such member’s qualified depend-
ents in an approved health benefits plan de-
scribed by section 8903 or 8903a, under ei-
ther—
‘‘(i) an enrollment for all qualified de-
pendents; or
‘‘(ii) a single qualified dependent en-
rollment, except that such an enrollment—
‘‘(I) shall not be available unless,
at the time of enrollment, the member
has only 1 qualified dependent; and
‘‘(II) shall not be transferable.
‘‘(B) TO A MILITARY RETIREE.—A mem-
ber or former member of the Armed Forces who
is eligible for medical and dental care under
section 1074(b) of title 10 (or who would be so
eligible, but for section 1073a(b) of title 10)
may enroll in an approved health benefits plan
described by section 8903 or 8903a, either—
‘‘(i) as an individual; or
‘‘(ii) for self and all qualified depend-
ents.
‘‘(C) TO
A
SURVIVING
DEPENDENT.—A
survivor of a member or former member under
subparagraph (A) or (B) who, at the time of
death of such member or former member, was
enrolled in an approved health benefits plan de-
scribed by section 8903 or 8903a as a qualified
dependent of such member or former member
may continue his or her enrollment under the
conditions of eligibility prescribed by regula-
tions of the Office.
‘‘(D) TO A FORMER SPOUSE.—A former
spouse of a member or former member under
subparagraph (A) or (B) may, with respect to
any period during which such former spouse
would otherwise be ineligible for medical or den-
tal care under chapter 55 of title 10 by reason
of section 1073a(b) of such title, enroll in an
approved health benefits plan described by sec-
tion 8903 or 8903a, either—
‘‘(i) as an individual; or
‘‘(ii) for self and all qualified depend-
ents (subject to restrictions similar to
those set forth in section 8905(c)(2)(B)).
‘‘(E) TO A PERSON WITH CONTINUED COV-
ERAGE UNDER SECTION 1078A OF TITLE 10.—
The Office, in consultation with the appropriate
Secretaries, shall prescribe regulations under
which an election under this section shall be
available to persons to whom section 1078a of
title 10 would otherwise apply.
‘‘(2) CIRCUMSTANCES IN WHICH AN ELECTION
IS ALLOWED OR NOT ALLOWED.—
‘‘(A) ELECTIONS ALLOWED.—An election
under paragraph (1) shall be allowed—
‘‘(i) during the open enrollment period
immediately preceding the first contract
year beginning after the end of the 12-
month period beginning on the date of the
enactment of the Military Health Care
Choice Act of 1997 and the open enroll-
ment period occurring every third year
thereafter; and
‘‘(ii) at such other times and under
such conditions as the Office may pre-
scribe.
‘‘(B) ELECTIONS
NOT
ALLOWED.—Not-
withstanding any other provision of this section,
an election under paragraph (1) shall not be al-
lowed if not permitted by reason of section
1073a(c)(2) of title 10.
‘‘(3) DEFINITION
OF
A
QUALIFIED
DEPEND-
ENT.—For the purpose of this section, the term
‘qualified dependent’, as used with respect to an ac-
tive duty member, a military retiree, or any other
person, means an individual who—
‘‘(A) is a member of the family of such
person (as determined under regulations of the
Office similar to the provisions of section
8901(5)); and
‘‘(B) would then qualify as a covered bene-
ficiary under chapter 55 of title 10, if the Mili-
tary Health Care Choice Act of 1997 had never
been enacted.
‘‘(4) DEFINITION OF A FORMER SPOUSE.—
‘‘(A) IN GENERAL.—Notwithstanding sec-
tion 8901(10), for purposes of this section, the
term ‘former spouse’, with respect to a member
or former member under paragraph (1)(A) or
(B), means a former spouse of such member or
former member—
‘‘(i) who has not remarried before age
55 after the marriage to the member or
former member was dissolved;
‘‘(ii) who was enrolled in an approved
health benefits plan under this chapter
based on that individual’s relationship to
such member or former member at any
time during the 18-month period before
the date of dissolution of their marriage;
and
‘‘(iii)(I) who is receiving (or is entitled
to) any portion of retired or retainer pay
under section 1408 of title 10, or of an an-
nuity under section 1450(f)(4) of title 10,
which is based on the service of such mem-
ber or former member; or
‘‘(II) as to whom an election under
section 1448 of title 10 has been made by
such member or former member.
‘‘(B) SPECIAL RULES.—
‘‘(i) IF DISSOLUTION OCCURRED BE-
FORE
COVERAGE
UNDER
THIS
CHAPTER
FIRST
BECAME
AVAILABLE.—In any in-
stance in which the date of dissolution of
marriage precedes the date on which elec-
tions under this section first become avail-
able, clause (ii) of subparagraph (A) shall
be waived in the case of any individual who
satisfies the requirements of subparagraph
(F), (G), or (H) of section 1072(2) of title
10 with respect to the member or former
member involved.
‘‘(ii) IF COVERAGE WAS PRECLUDED
SOLELY BY LIMITATION ON TOTAL NUM-
BER
OF
ELECTIONS
ALLOWABLE
UNDER
THIS
SECTION.—Clause (ii) of subpara-
graph (A) shall be considered to have been
met in the case of any individual who
would have satisfied such clause, based on
an election properly filed under subsection
(b)(1), but for the fact that such election
was not allowed to take effect solely by
reason of subsection (i).
‘‘(c) EFFECT ON ELIGIBILITY FOR CARE UNDER
TITLE 10.—
‘‘For provisions relating to the effect that an elec-
tion under subsection (b)(1) has with respect to cov-
erage under chapter 55 of title 10, see section
1073a(b) of such title.
‘‘(d) BENEFITS TO BE PROVIDED UNDER THIS
CHAPTER.—
‘‘(1) IN GENERAL.—The coverage provided to a
covered beneficiary enrolled in a health benefits plan
under this chapter shall—
‘‘(A) if the covered beneficiary is the indi-
vidual making the election of coverage under
subparagraph (B), (C), (D), or (E) of sub-
section (b)(1), be the same as for an employee
enrolled in the same health benefits plan and
level of benefits; and
‘‘(B) in the case of any other covered bene-
ficiary, be the same as for an individual en-
rolled in the same health benefits plan and level
of benefits as a family member of an employee.
‘‘(2) RIGHT TO PARTICIPATE FULLY.—The Of-
fice shall ensure that, to the extent feasible, once an
election under subsection (b)(1) is made, then, until
such election is terminated, the electing individual
and all covered beneficiaries of such individual (de-
termined in the same manner as under section
1073a(b)(1)(B) of title 10) shall remain eligible to
change plans, commence or terminate coverage, and
otherwise participate in the program under this
chapter, to the same extent and in the same manner
as employees and their family members (consistent
with the requirements of this section).
‘‘(e) DUAL COVERAGE NOT PERMITTED.—The Of-
fice, together with the appropriate Secretaries, shall take
such steps as may be necessary to prevent any instance
of dual coverage (whether under this chapter alone or tak-
ing chapter 55 of title 10 into account) which is not other-
wise precluded by law.
‘‘(f) CHARGES.—Charges for enrollments under this
section shall be fixed in accordance with the following:
‘‘(1) 
INDIVIDUAL
COVERAGE.—The 
total
charges for an individual enrollment under sub-
section (b)(1) (including a single qualified dependent
enrollment under subsection (b)(1)(A)(ii)) shall be
the same as for an employee enrolled in the same
health benefits plan and level of benefits for self
alone.
‘‘(2) FAMILY COVERAGE.—The total charges for
any enrollment under this section, other than an en-
rollment to which paragraph (1) applies, shall be the
same as for an employee enrolled in the same health
benefits plan and level of benefits for self and fam-
ily.
‘‘(g) CONTRIBUTIONS.—
‘‘(1) BY AN INDIVIDUAL.—
‘‘(A) IN GENERAL.—The amount necessary
to pay the total charges for enrollment under
this section, after the Government contribution
under paragraph (2) is deducted (if any), shall
be borne by the electing individual under sub-
section (b)(1).
‘‘(B) METHOD
OF
PAYMENT.—Payments
under this paragraph shall be made in accord-
ance with the following:
‘‘(i) ACTIVE DUTY MEMBER.—If the
election 
is 
made 
under 
subsection
(b)(1)(A), by withholdings from pay of the
electing individual.
‘‘(ii) MILITARY RETIREE.—If the elec-
tion is made under subsection (b)(1)(B),
by withholdings from retired or retainer
pay of the electing individual, subject, if
necessary, to arrangements similar to those
under section 8906(i).
‘‘(iii) OTHER CASES.—If the election
is made by an individual other than an in-
dividual referred to in clause (i) or (ii),
under such arrangements as the Office
shall prescribe.
‘‘(2) BY THE GOVERNMENT.—
‘‘(A) IN
GENERAL.—Each of the appro-
priate Secretaries may, in that Secretary’s sole
discretion and for purposes of individuals under
the jurisdiction of that Secretary, specify
whether any Government contributions will be
made toward meeting the subscription charge
for coverage elected under subsection (b)(1),
and, if so, at what level.
‘‘(B) 
RESTRICTIONS.—No 
Government
contribution under this paragraph shall be pay-
able—
‘‘(i) to defray any charges other than
those that would otherwise be borne by an
electing 
individual 
under 
subsection
(b)(1)(A) or (B); or
‘‘(ii) in an amount greater than the
amount of the Government contribution
which would be payable under this section
on behalf of an employee enrolled in the
same health benefits plan and level of ben-
efits—
‘‘(I) for self alone (in the case of
an enrollment to which subsection
(f)(1) applies); or
‘‘(II) for self and family (in the
case of any other enrollment).
‘‘(C) NOTICE.—A decision under subpara-
graph (A) shall be conclusive and not subject to
subchapter II of chapter 5. Notice of any such
decision shall be provided to the Office in such
time, form, and manner as the Office shall by
regulation prescribe.
‘‘(D) 
PROCEDURES.—Any 
contributions
under this paragraph shall be made under such
arrangements as may be agreed to by the Office
and the Secretary involved, and may be made
from any funds otherwise available to such Sec-
retary for such purpose.
‘‘(h) TERMINATION.—An election made by an individ-
ual under subsection (b)(1) shall terminate upon the oc-
currence of any of the following:
‘‘(1) AN ELECTION TO HAVE COVERAGE UNDER
TITLE 10 RESTORED.—The taking effect of an elec-
tion under section 1073a(c)(1) of title 10 by such in-
dividual.
‘‘(2) ANY OTHER TERMINATING EVENT.—Any
other event which the Office may, in consultation
with the appropriate Secretaries, by regulation pre-
scribe.
‘‘(i) TEMPORARY LIMITATIONS.—
‘‘(1) IN GENERAL.—Effective with respect to
the first 3 contract years to which this section ap-
plies, elections under this section shall be permitted
only to the extent that they would not cause the
total number of elections in effect under this section
(irrespective of the number of individuals affected by
those elections) at any time to exceed—
‘‘(A) 100,000 during the first such con-
tract year;
‘‘(B) 200,000 during the second such con-
tract year; or
‘‘(C) 400,000 during the third such con-
tract year.
‘‘(2) COORDINATION.—The Office shall issue
guidelines in accordance with which the appropriate
Secretaries shall arrange for any coordination of ef-
forts needed in order to comply with the limitations
under paragraph (1).
‘‘(3) RANDOMIZATION.—An election under sub-
section (b)(1) may not be denied, by reason of this
subsection, based on any factor other than when
such election is made.
‘‘(j) INFORMATION TO ELIGIBLES.—The Office shall
be responsible for carrying out the requirements of section
8907 with respect to all individuals who may be affected
by this section. Upon request of the Office, the appro-
priate Secretaries shall furnish such information as the
Office requires to carry out this subsection.
‘‘(k) REGULATIONS.—Any regulations necessary to
carry out this section shall be prescribed by the Office,
in consultation with the appropriate Secretaries. Such reg-
ulations shall include provisions under which contracts
under this chapter may provide for benefits and coverage,
to persons covered by a health benefits plan pursuant to
an election under this section, for care and treatment re-
ceived through a military facility.’’.
(b) CHAPTER ANALYSIS.—The analysis for chapter
89 of title 5, United States Code, is amended by adding
at the end the following:
‘‘8915. Military dependents and military retirees’’.
SEC. 3. CONFORMING AMENDMENTS TO TITLE 10, UNITED
STATES CODE.
(a) EFFECT OF ENROLLMENT.—Chapter 55 of title
10, United States Code, is amended by inserting after sec-
tion 1073 the following new section:
‘‘§ 1073a. Coverage under Federal employee heath
benefits program: effect of enrollment,
termination
‘‘(a) AVAILABILITY OF COVERAGE.—Pursuant to sec-
tion 8915 of title 5, covered beneficiaries may become en-
rolled in an approved health benefits plan under chapter
89 of title 5 in lieu of obtaining medical or dental care
as otherwise provided under this chapter.
‘‘(b) EFFECT
OF ENROLLMENT.—(1) If coverage
under chapter 89 of title 5 is elected under section
8915(b)(1) of such title, then, until such election is termi-
nated, all rights to medical or dental care under this chap-
ter shall cease with respect to—
‘‘(A) the individual making the election; and
‘‘(B) all covered beneficiaries of such individual
(whether or not actually enrolled in a health benefits
plan under chapter 89 of title 5), as identified under
regulations prescribed under section 8915 of title 5.
‘‘(2) Nothing in paragraph (1) shall affect—
‘‘(A) any right of a member of the uniformed
services on active duty to obtain medical or dental
care or any other benefit for the member under this
chapter; or
‘‘(B) the eligibility of a covered beneficiary to
obtain medical or dental care or any other benefit
under this chapter, if—
‘‘(i) such eligibility is based on the rela-
tionship of the covered beneficiary to an individ-
ual other than an electing individual under sec-
tion 8915(b)(1) of title 5; and
‘‘(ii) the covered beneficiary is not enrolled
in a health benefits plan under chapter 89 of
title 5.
‘‘(c) RESTORATION
OF COVERAGE UNDER THIS
CHAPTER.—(1) An individual making an election under
section 8915 of title 5 may, after the expiration of a 3-
year exclusionary period similar to the one described in
paragraph (2) (including exceptions thereunder), elect to
restore coverage under this chapter for all persons who
would then otherwise be ineligible therefor by reason of
such individual’s earlier election under title 5. Restoration
of coverage under this chapter terminates eligibility for
coverage under chapter 89 of title 5 on the part of the
persons whose coverage is so restored.
‘‘(2) If eligibility for coverage under chapter 89 of
title 5 is terminated by an election under paragraph (1),
the electing individual may not make a subsequent election
under section 8915 of title 5 if coverage under such chap-
ter would (but for this paragraph) take effect within the
3-year period beginning on the effective date of the termi-
nation referred to in paragraph (1). The Office of Person-
nel Management, in consultation with the appropriate ad-
ministering Secretaries, may provide exceptions to this 3-
year exclusionary period.’’.
(b) CLERICAL AMENDMENT.—The table of sections
at the beginning of such chapter is amended by inserting
after the item relating to section 1073 the following new
item:
‘‘1073a. Coverage under Federal employee heath benefits program: effect of en-
rollment, termination.’’.
SEC. 4. TECHNICAL AND CONFORMING PROVISIONS RELAT-
ING TO TITLE 5.
(a) REFERENCES TO ENROLLEES.—
(1) REFERENCES THAT INCLUDE FAMILY MEM-
BERS.—
(A) IN GENERAL.—Any reference to per-
sons enrolled in a health benefits plan under
chapter 89 of title 5, United States Code (in-
cluding family members), made in any provision
of law identified under subparagraph (B), shall
be considered to include individuals who become
so enrolled pursuant to section 8915 of such
title (including dependents).
(B) CITATIONS.—The provisions identified
under this subparagraph are as follows:
(i) 
Sections 
8902(g), 
8902(j),
8902(k)(1), 8902a(a)(1)(B), 8903(1), and
the first sentence of 8913(c) of such title.
(ii) Such other provisions of law as
the Office of Personnel Management may
by regulation identify for purposes of this
paragraph.
(2) REFERENCES THAT DO NOT INCLUDE FAM-
ILY MEMBERS.—
(A) IN GENERAL.—Any reference to per-
sons enrolled in a health benefits plan under
chapter 89 of such title (excluding family mem-
bers), made in any provision of law identified
under subparagraph (B), shall be considered to
include individuals who become so enrolled pur-
suant to section 8915 of such title (excluding
dependents).
(B) CITATIONS.—The provisions identified
under this subparagraph are as follows:
(i) Sections 8902(e), 8905(f)(1)–(2),
and 8909(d) of such title.
(ii) Such other provisions of law as
the Office of Personnel Management may
by regulation identify for purposes of this
paragraph.
(b) EMPLOYEES HEALTH BENEFITS FUND.—The
first sentence of section 8909(a) of title 5, United States
Code, is amended by striking ‘‘section 8906 of this title’’
and inserting ‘‘section 8906 and 8915, respectively,’’.
SEC. 5. DEFINITIONS.
Section 8901 of title 5, United States Code, is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(10);
(2) by striking the period at the end of para-
graph (11) and inserting a semicolon; and
(3) by adding at the end the following:
‘‘(12) ‘appropriate Secretaries’ means—
‘‘(A) the Secretary of Defense; and
‘‘(B) the Secretary of Transportation, for
purposes of the Coast Guard when the Coast
Guard is not operating as a service in the Navy;
‘‘(13) ‘military retiree’ means a member or
former member of the armed forces described in sec-
tion 8915(b)(1)(B);
‘‘(14) ‘military dependent’ means a covered
beneficiary (other than a military retiree) who is eli-
gible for coverage under this chapter by virtue of
being a dependent of an active duty member or of
a military retiree;
‘‘(15) ‘covered beneficiary’ has the meaning
given that term by section 1072(5) of title 10, sub-
ject to such modifications as the Office may by regu-
lation prescribe for purposes of carrying out section
8915 (and other provisions of this chapter in con-
nection therewith);
‘‘(16) ‘active duty member’ means a member of
the armed forces described in section 8915(b)(1)(A);
‘‘(17) ‘qualified dependent’ has the meaning
given that term by section 8915(b)(3); and
‘‘(18) ‘open enrollment period’ means a period
provided for under section 8905(f)(1).’’.
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