IB 
Union Calendar No. 633 
114TH CONGRESS 
2D SESSION 
H. R. 5458 
[Report No. 114–809, Part I] 
To provide for coordination between the TRICARE program and eligibility 
for making contributions to a health savings account, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2016 
Mr. STEWART introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Armed 
Services, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
NOVEMBER 14, 2016 
Additional sponsors: Mr. ROSKAM, Mr. BLUMENAUER, Mr. BOUSTANY, and 
Ms. GABBARD 
NOVEMBER 14, 2016 
Reported from the Committee on Ways and Means with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
NOVEMBER 14, 2016 
The Committee on Armed Services discharged; committed to the Committee 
of the Whole House on the State of the Union and ordered to be printed 
[For text of introduced bill, see copy of bill as introduced on June 13, 2016] 
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A BILL 
To provide for coordination between the TRICARE program 
and eligibility for making contributions to a health sav-
ings account, and for other purposes. 
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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 ‘‘Veterans TRICARE 
Choice Act of 2016’’. 
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 Inter-
nal 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 re-
spect to which an election is in effect under 
section 1097e 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 INELIGI-
BILITY UNDER TRICARE.— 
(1) IN GENERAL.—Chapter 55 of title 10, United 
States Code, is amended by inserting after section 
1097d the following new section: 
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‘‘§ 1097e. TRICARE program: election of eligibility 
‘‘(a) ELECTION.—Beginning January 1, 2017, 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-eligi-
ble individual makes an election under 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-eli-
gible individual who makes an election under subsection (a) 
may efficiently enroll in the TRICARE program pursuant 
to an election under paragraph (1), including by maintain-
ing the individual, as appropriate, in the health care enroll-
ment system under section 1099 of this title in an inactive 
manner. 
‘‘(c) PERIOD OF ELECTION.—If a TRICARE-eligible 
individual makes an election under subsection (a), such 
election shall be in effect beginning on the date of such elec-
tion and ending on the date that such individual makes 
an election under subsection (b)(1) to enroll in the 
TRICARE program. 
‘‘(d) HEALTH SAVINGS ACCOUNT PARTICIPATION.—(1) 
For provisions allowing participation in a health savings 
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account in connection with coverage under a high deductible 
health plan during the period that the election under sub-
section (a) is in effect, see section 223(c)(1)(B)(iv) of the 
Internal Revenue Code of 1986. 
‘‘(2) The Secretary shall submit to the Commissioner 
of Internal Revenue the name of, and any other information 
that the Commissioner may require with respect to, each 
TRICARE-eligible individual who makes an election under 
subsection (a) or (b), not later than 90 days after such elec-
tion, for purposes of determining the eligibility of such 
TRICARE-eligible individual for a health savings account 
described in paragraph (1). 
‘‘(e) RECORDS.—The Secretary shall ensure that a 
TRICARE-eligible individual who makes an election under 
subsection (a) is maintained on the Defense Enrollment Eli-
gibility Reporting System, or successor system, regardless 
of whether the individual is eligible for the TRICARE pro-
gram during the period of such election. 
‘‘(f) PROVISION
OF INFORMATION.—The Secretary 
shall provide to each TRICARE-eligible individual who 
seeks to make an election under subsection (a) information 
regarding— 
‘‘(1) health savings accounts in connection with 
coverage under a high deductible health plan de-
scribed in subsection (d)(1), including a comparison 
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of such health saving accounts and the health care 
benefits the individual is eligible to receive under the 
TRICARE program; and 
‘‘(2) changing such an election under subsection 
(b)(1). 
‘‘(g) ANNUAL REPORT.—Not later than 60 days after 
the end of each fiscal year, the Secretary shall submit to 
the congressional defense committees a report on elections 
by TRICARE-eligible individuals under this section that 
includes the following: 
‘‘(1) The number of TRICARE-eligible individ-
uals, as of the date of the submittal of the report, who 
are ineligible to enroll in (and receive any benefits 
under) the TRICARE program pursuant to an elec-
tion under subsection (a). 
‘‘(2) The number of TRICARE-eligible individ-
uals who made an election described under subsection 
(a) but, as of the date of the submittal of the report, 
are enrolled in the TRICARE program pursuant to 
a change of election under subsection (b). 
‘‘(h) DEFINITIONS.—In this section: 
‘‘(1) The term ‘TRICARE-eligible individual’ 
means an individual who is— 
‘‘(A) eligible to be a covered beneficiary en-
titled to health care benefits under the TRICARE 
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