II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Veterans TRICARE 

5 Choice Act’’. 

6 SEC. 2. COORDINATION BETWEEN TRICARE PROGRAM AND 

7 ELIGIBILITY TO MAKE CONTRIBUTIONS TO 

8 HEALTH SAVINGS ACCOUNTS. 

9 (a) IN GENERAL.—Section 223(c)(1)(B) of the Inter10 nal Revenue Code of 1986 is amended by striking ‘‘and’’ 


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1 at the end of clause (ii), by striking the period at the end 

2 of clause (iii) and inserting ‘‘, and’’, and by adding at the 

3 end the following new clause: 

4 ‘‘(iv) coverage under the TRICARE 

5 program under chapter 55 of title 10, 

6 United States Code, for any period with 

7 respect to which an election is in effect 

8 under section 1097d of such title providing 

9 that the individual is ineligible to be en10 rolled in (and receive benefits under) such 

11 program.’’. 

12 (b) PROVISIONS RELATING TO ELECTION OF INELI13 GIBILITY UNDER TRICARE.— 

14 (1) IN GENERAL.—Chapter 55 of title 10, 

15 United States Code, is amended by inserting after 

16 section 1097c the following new section: 

17 ‘‘§ 1097d. TRICARE program: Election of eligibility 

18 ‘‘(a) ELECTION.—A TRICARE-eligible individual 

19 may elect at any time to be ineligible to enroll in (and 

20 receive any benefits under) the TRICARE program. 

21 ‘‘(b) CHANGE OF ELECTION.—(1) If a TRICARE-eli22 gible individual makes an election described in subsection 

23 (a), the TRICARE-eligible individual may later elect to 

24 be eligible to enroll in the TRICARE program. An election 


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1 made under this subsection may be made only during a 

2 special enrollment period. 

3 ‘‘(2) The Secretary shall ensure that a TRICARE4 eligible individual who makes an election described in sub5 section (a) may efficiently enroll in the TRICARE pro6 gram pursuant to an election under paragraph (1), includ7 ing by maintaining the individual, as appropriate, in the 

8 health care enrollment system under section 1099 of this 

9 title in an inactive manner. 

10 ‘‘(c) PERIOD OF ELECTION.—If a TRICARE-eligible 

11 individual makes an election described in subsection (a), 

12 such election shall be in effect beginning on the date of 

13 such election and ending on the date that such individual 

14 makes an election under subsection (b)(1) to enroll in the 

15 TRICARE program. 

16 ‘‘(d) CROSS REFERENCE RELATING TO HEALTH

17 SAVINGS ACCOUNT PARTICIPATION.—For provisions al18 lowing participation in a health savings account in connec19 tion with coverage under a high deductible health plan 

20 during the period that the election under subsection (a) 

21 is in effect, see section 223(c)(1)(B)(iv) of the Internal 

22 Revenue Code of 1986. 

23 ‘‘(e) RECORDS.—The Secretary shall ensure that a 

24 TRICARE-eligible individual who makes an election de25 scribed in subsection (a) is maintained on the Defense EnVerDate Mar 15 2010 04:53 Aug 07, 2014 Jkt 039060 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2707.IS S2707

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1 rollment Eligibility Reporting System, or successor sys2 tem, regardless of whether the individual is eligible for the 

3 TRICARE program during the period of such election. 

4 ‘‘(f) DEFINITIONS.—In this section: 

5 ‘‘(1) The term ‘TRICARE-eligible individual’ 

6 means an individual who is eligible to be a covered 

7 beneficiary entitled to health care benefits under the 

8 TRICARE program (determined without regard to 

9 this section). 

10 ‘‘(2) The term ‘special enrollment period’ means 

11 the period in which a beneficiary under the Federal 

12 Employees Health Benefits program under chapter 

13 89 of title 5 may enroll in or change a plan under 

14 such program by reason of a qualifying event or dur15 ing an open enrollment season. For purposes of this 

16 section, such qualifying events shall also include 

17 events determined appropriate by the Secretary of 

18 Defense, including events relating to a member of 

19 the armed forces being ordered to active duty.’’. 

20 (2) CONFORMING AMENDMENT.—The table of 

21 sections at the beginning of chapter 55 of such title 

22 is amended by inserting after the item relating to 

23 section 1097c the following new item: 

‘‘1097d. TRICARE program: Election of eligibility.’’. 

Æ 


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