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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2707 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2707

To provide for coordination between the TRICARE program and eligibility 
         for making contributions to a health savings account.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2014

   Mr. Moran introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
To provide for coordination between the TRICARE program and eligibility 
         for making contributions to a health savings account.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Veterans TRICARE Choice Act''.

SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND ELIGIBILITY TO MAKE 
              CONTRIBUTIONS TO HEALTH SAVINGS ACCOUNTS.

    (a) In General.--Section 223(c)(1)(B) of the Internal Revenue Code 
of 1986 is amended by striking ``and'' at the end of clause (ii), by 
striking the period at the end of clause (iii) and inserting ``, and'', 
and by adding at the end the following new clause:
                            ``(iv) coverage under the TRICARE program 
                        under chapter 55 of title 10, United States 
                        Code, for any period with respect to which an 
                        election is in effect under section 1097d of 
                        such title providing that the individual is 
                        ineligible to be enrolled in (and receive 
                        benefits under) such program.''.
    (b) Provisions Relating to Election of Ineligibility Under 
TRICARE.--
            (1) In general.--Chapter 55 of title 10, United States 
        Code, is amended by inserting after section 1097c the following 
        new section:
``Sec. 1097d. TRICARE program: Election of eligibility
    ``(a) Election.--A TRICARE-eligible individual may elect at any 
time to be ineligible to enroll in (and receive any benefits under) the 
TRICARE program.
    ``(b) Change of Election.--(1) If a TRICARE-eligible individual 
makes an election described in subsection (a), the TRICARE-eligible 
individual may later elect to be eligible to enroll in the TRICARE 
program. An election made under this subsection may be made only during 
a special enrollment period.
    ``(2) The Secretary shall ensure that a TRICARE-eligible individual 
who makes an election described in subsection (a) may efficiently 
enroll in the TRICARE program pursuant to an election under paragraph 
(1), including by maintaining the individual, as appropriate, in the 
health care enrollment system under section 1099 of this title in an 
inactive manner.
    ``(c) Period of Election.--If a TRICARE-eligible individual makes 
an election described in subsection (a), such election shall be in 
effect beginning on the date of such election and ending on the date 
that such individual makes an election under subsection (b)(1) to 
enroll in the TRICARE program.
    ``(d) Cross Reference Relating to Health Savings Account 
Participation.--For provisions allowing participation in a health 
savings account in connection with coverage under a high deductible 
health plan during the period that the election under subsection (a) is 
in effect, see section 223(c)(1)(B)(iv) of the Internal Revenue Code of 
1986.
    ``(e) Records.--The Secretary shall ensure that a TRICARE-eligible 
individual who makes an election described in subsection (a) is 
maintained on the Defense Enrollment Eligibility Reporting System, or 
successor system, regardless of whether the individual is eligible for 
the TRICARE program during the period of such election.
    ``(f) Definitions.--In this section:
            ``(1) The term `TRICARE-eligible individual' means an 
        individual who is eligible to be a covered beneficiary entitled 
        to health care benefits under the TRICARE program (determined 
        without regard to this section).
            ``(2) The term `special enrollment period' means the period 
        in which a beneficiary under the Federal Employees Health 
        Benefits program under chapter 89 of title 5 may enroll in or 
        change a plan under such program by reason of a qualifying 
        event or during an open enrollment season. For purposes of this 
        section, such qualifying events shall also include events 
        determined appropriate by the Secretary of Defense, including 
        events relating to a member of the armed forces being ordered 
        to active duty.''.
            (2) Conforming amendment.--The table of sections at the 
        beginning of chapter 55 of such title is amended by inserting 
        after the item relating to section 1097c the following new 
        item:

``1097d. TRICARE program: Election of eligibility.''.
                                 <all>
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