[Congressional Record Volume 153, Number 38 (Tuesday, March 6, 2007)]
[Senate]
[Pages S2710-S2711]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WARNER (for himself, Mr. Rockefeller, Ms. Snowe, Ms. 
        Collins, Mr. Lott, and Mr. Sununu):
  S. 773. A bill to amend the Internal Revenue Code of 1986 to allow 
Federal civilian and military retirees to pay health insurance premiums 
on a pretax basis and to allow a deduction for TRICARE supplemental 
premiums; to the Committee on Finance.
  Mr. WARNER. Mr. President, I rise today to introduce legislation to 
provide some relief for our Nation's retired Federal employees from the 
severe increases in Federal Employee Health Benefit program (FEHBP) 
premiums. This measure extends premium conversion to Federal and 
military retirees, allowing them to pay their health insurance premiums 
with pre-tax dollars.
  Access to affordable health care is a critical issue for everyone. 
While Federal employees enjoy the ability to choose among a wide 
variety of health plans to best suit their needs, substantial increases 
in FEHBP premiums threaten to make health insurance coverage cost 
prohibitive for many Federal employees, their dependents, and Federal 
retirees.
  In response to these cost increases, a Presidential directive issued 
in 2000 extended premium conversion to current Federal employees who 
participate in the Federal Employees Health Benefits Program. Premium 
conversion allows individuals to pay their health insurance premiums 
with pre-tax dollars. It is a benefit already available to many private 
sector employees and State and local government employees. While 
premium conversion does not directly affect the amount of the FEHBP 
premium, it helps to offset some of the cost by reducing an 
individual's Federal tax liability. Regrettably, our retired civil 
servants, who pay the same premiums as Federal employees, do not have 
this same opportunity.
  Extending this benefit to Federal retirees requires a change in the 
tax law, specifically Section 125 of the Internal Revenue Code. This 
legislation makes the necessary change in the tax code.
  Under the legislation, the benefit is concurrently afforded to our 
Nation's military retirees to assist them with increasing health care 
costs.
  A number of organizations representing Federal and military retirees, 
including the National Association of Retired Federal Employees and the 
Military Coalition, have come out strongly in support of this bill.
  My support for this legislation spans four Congresses. In the 109th 
Congress, my premium conversion bill received considerable bipartisan 
support with 64 cosponsors. It is my sincere hope that this legislation 
will be passed by Congress this session. I encourage my colleagues to 
join me in supporting this critical legislation and to show their 
support for our Nation's dedicated Federal civilian and military 
retirees. I ask unanimous consent that the text of the bill be printed 
in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 773

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

     SECTION 1. PRETAX PAYMENT OF HEALTH INSURANCE PREMIUMS BY 
                   FEDERAL CIVILIAN AND MILITARY RETIREES.

       (a) In General.--Subsection (g) of section 125 of the 
     Internal Revenue Code of 1986 (relating to cafeteria plans) 
     is amended by adding at the end the following new paragraph:
       ``(5) Health insurance premiums of federal civilian and 
     military retirees.--
       ``(A) FEHBP premiums.--Nothing in this section shall 
     prevent the benefits of this section from being allowed to an 
     annuitant, as defined in paragraph (3) of section 8901, title 
     5, United States Code, with respect to a choice between the 
     annuity or compensation referred to in such paragraph and 
     benefits under the health benefits program established by 
     chapter 89 of such title 5.
       ``(B) TRICARE premiums.--Nothing in this section shall 
     prevent the benefits of this section from being allowed to an 
     individual receiving retired or retainer pay by reason of 
     being a member or former member of the uniformed services of 
     the United States with respect to a choice between such pay 
     and benefits under the health benefits programs established 
     by chapter 55 of title 10, United States Code.''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 2. DEDUCTION FOR TRICARE SUPPLEMENTAL PREMIUMS.

       (a) In General.--Part VII of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to additional 
     itemized deductions for individuals) is amended by 
     redesignating section 224 as section 225 and by inserting 
     after section 223 the following new section:

     ``SEC. 224. TRICARE SUPPLEMENTAL PREMIUMS OR ENROLLMENT FEES.

       ``(a) Allowance of Deduction.--In the case of an 
     individual, there shall be allowed as a deduction the amounts 
     paid during the taxable year by the taxpayer for insurance 
     purchased as supplemental coverage to the health benefits 
     programs established by chapter 55 of title 10, United States 
     Code, for the taxpayer and the taxpayer's spouse and 
     dependents.
       ``(b) Coordination With Medical Deduction.--Any amount 
     allowed as a deduction under subsection (a) shall not be 
     taken into account in computing the amount allowable to the 
     taxpayer as a deduction under section 213(a).''.
       (b) Deduction Allowed Whether or Not Individual Itemizes 
     Other Deductions.--Subsection (a) of section 62 of the 
     Internal Revenue Code of 1986 (defining adjusted gross 
     income) is amended by redesignating paragraph (19) (as added 
     by section 703(a) of the American Jobs Creation Act of 2004) 
     as paragraph (20) and by inserting after paragraph (20) (as 
     so redesignated) the following new paragraph:
       ``(21) TRICARE supplemental premiums or enrollment fees.--
     The deduction allowed by section 224.''.
       (c) Clerical Amendment.--The table of sections for part VII 
     of subchapter B of chapter 1 of the Internal Revenue Code of 
     1986 is amended by striking the last item and inserting the 
     following new items:

``Sec. 224. TRICARE supplemental premiums or enrollment fees.
``Sec. 225. Cross reference.''.

       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after the date of the 
     enactment of this Act.

     SEC. 3. IMPLEMENTATION.

       (a) FEHBP Premium Conversion Option for Federal Civilian 
     Retirees.--The Director of the Office of Personnel Management 
     shall take such actions as the Director considers necessary 
     so that the option made possible by section 125(g)(5)(A) of 
     the Internal Revenue Code of 1986 shall be offered beginning 
     with the first open enrollment period, afforded under section 
     8905(g)(1) of title 5, United States Code, which begins not 
     less than 90 days after the date of the enactment of this 
     Act.
       (b) TRICARE Premium Conversion Option for Military 
     Retirees.--The Secretary of Defense, after consulting with 
     the other administering Secretaries (as specified in section 
     1073 of title 10, United States Code), shall take such 
     actions as the Secretary considers necessary so that the 
     option made possible by section 125(g)(5)(B) of the Internal 
     Revenue Code of 1986 shall be offered beginning with the 
     first open enrollment period

[[Page S2711]]

     afforded under health benefits programs established under 
     chapter 55 of such title, which begins not less than 90 days 
     after the date of the enactment of this Act.
                                 ______