I 
113TH CONGRESS 
2D SESSION 
H. R. 4682 
To provide for coordination between the TRICARE program and eligibility 
for making contributions to a health savings account. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 20, 2014 
Mr. STEWART (for himself and Ms. GABBARD) introduced the following bill; 
which was referred to the Committee on Ways and Means, and in addi-
tion to the Committee on Armed Services, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for coordination between the TRICARE program 
and eligibility for making contributions to a health sav-
ings account. 
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’’. 
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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 
respect to which an election is in effect 
under section 1097d of such title providing 
that the individual is ineligible to be en-
rolled in (and receive benefits under) such 
program.’’. 
(b) PROVISIONS RELATING TO ELECTION OF INELI-
GIBILITY UNDER TRICARE.— 
(1) IN
GENERAL.—Chapter 55 of title 10, 
United States Code, is amended by inserting after 
section 1097c the following new section: 
‘‘§ 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. 
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‘‘(b) CHANGE OF ELECTION.—(1) If a TRICARE-eli-
gible 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 sub-
section (a) may efficiently enroll in the TRICARE pro-
gram pursuant to an election under paragraph (1), includ-
ing 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 provision allow-
ing 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 ef-
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fect, 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 de-
scribed in subsection (a) is maintained on the Defense En-
rollment Eligibility Reporting System, or successor sys-
tem, 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 dur-
ing 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.’’. 
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(2) CONFORMING AMENDMENT.—The table of 
sections at the beginning of such chapter is amended 
by inserting after the item relating to section 1097c 
the following new item: 
‘‘1097d. TRICARE program: Election of eligibility.’’. 
Æ 
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