[Congressional Record Volume 162, Number 170 (Tuesday, November 29, 2016)]
[House]
[Pages H6317-H6319]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
VETERANS TRICARE CHOICE ACT OF 2016
Mr. SMITH of Nebraska. Mr. Speaker, I move to suspend the rules and
pass the bill (H.R. 5458) to provide for coordination between the
TRICARE program and eligibility for making contributions to a health
savings account, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5458
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
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 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 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 Ineligibility Under
TRICARE.--
(1) In general.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1097d the
following new section:
``Sec. 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-eligible
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-eligible
individual who makes an election under 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 under 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) Health Savings Account Participation.--(1) 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.
``(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 election, 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 Eligibility
Reporting System, or successor system, regardless of whether
the individual is eligible for the TRICARE program 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 described in subsection
(d)(1), including a comparison 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 individuals, 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 election under subsection (a).
``(2) The number of TRICARE-eligible individuals 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 entitled to
health care benefits under the TRICARE program (determined
without regard to this section); and
``(B) not serving on active duty in the uniformed services.
``(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 1097d the following new
item:
``1097e. TRICARE program: election of eligibility.''.
(c) Effective Date.--The amendments made by subsection (a)
shall apply to months beginning after December 31, 2016.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nebraska (Mr. Smith) and the gentleman from Washington (Mr. McDermott)
each will control 20 minutes.
The Chair recognizes the gentleman from Nebraska.
General Leave
Mr. SMITH of Nebraska. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 5458, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nebraska?
There was no objection.
Mr. SMITH of Nebraska. Mr. Speaker, I yield myself such time as I may
consume.
I rise today in support of H.R. 5458, the Veterans TRICARE Choice Act
of 2016. This legislation, introduced by the gentleman from Utah (Mr.
Stewart), addresses a gap in current law which prevents veterans and
their families with TRICARE coverage who also choose to participate in
a high-deductible health plan from utilizing a health savings account,
or HSA.
While veterans or their family members who participate in TRICARE may
also have private health insurance coverage, including high-deductible
plans, they are prohibited from contributing to an HSA affiliated with
a high-deductible plan. In order to contribute to an HSA under current
law, an individual must permanently renounce their TRICARE eligibility
because no mechanism to allow reenrollment currently exists.
H.R. 5458 addresses this issue by allowing certain TRICARE-eligible
individuals to voluntarily pause their TRICARE coverage for a period of
time in which they choose to contribute to an HSA. The bill also
creates special enrollment periods should these individuals choose to
reenroll in TRICARE at a later date.
Our veterans devoted their lives to defending our freedoms. We should
not allow arbitrary, bureaucratic obstacles to stop them from making
the best healthcare choices for themselves and their families. This
bill creates a mechanism to improve veterans' health coverage options
and provides them greater opportunities to save toward their own
healthcare needs. It also ensures patients can be more engaged in their
own care while eliminating the inconsistency in our Tax Code.
I applaud the gentleman from Utah (Mr. Stewart) for bringing us this
good idea today. I urge support.
Mr. Speaker, I reserve the balance of my time.
Committee on Armed Services,
House of Representatives,
Washington, DC, November 17, 2016.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I write concerning H.R. 5458, the
Veterans TRICARE Choice Act of 2016, which was referred to
the Committee on Armed Services. There are certain provisions
in the bill that fall within the Rule X jurisdiction of the
Committee on Armed Services.
In order to expedite this legislation for floor
consideration, the Committee on Armed Services will forgo
action on this bill. This decision is conditional on our
mutual understanding that forgoing consideration in no way
diminishes or alters the jurisdictional interests of the
Committee on Armed
[[Page H6318]]
Services in this bill, any subsequent amendments, or similar
legislation. I request you urge the Speaker to appoint
members of the Committee on Armed Services to any conference
committee convened to consider such provisions.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the
Congressional Record during consideration of the measure on
the House floor.
Sincerely,
William M. ``Mac'' Thornberry,
Chairman.
____
Committee on Ways and Means,
House of Representatives,
Washington, DC, November 28, 2016.
Hon. William M. ``Mac'' Thornberry,
Chairman, Committee on Armed Services, House of
Representatives, Washington, DC.
Dear Chairman Thornberry, Thank you for your letter
regarding H.R. 5458, the ``Veterans TRICARE Choice Act.'' As
you noted, the Committee on Armed Services was granted an
additional referral on the bill.
I am most appreciative of your decision to waive formal
consideration of H.R. 5458 so that it may proceed
expeditiously to the House floor. I acknowledge that although
you waived formal consideration of the bill, the Committee on
Armed Services is in no way waiving its jurisdiction over the
subject matter contained in those provisions of the bill that
fall within your Rule X jurisdiction. I would support your
effort to seek appointment of an appropriate number of
conferees on any House-Senate conference involving this
legislation.
I will include a copy of our letters in the Congressional
Record during consideration of this legislation on the House
floor.
Sincerely,
Kevin Brady,
Chairman.
Mr. McDERMOTT. Mr. Speaker, I yield myself such time as I may
consume.
While we are here today to debate H.R. 5458, which focuses on one
small part of the transition for veterans completing their service and
entering the civilian workforce, I wish to take a moment to reflect on
a broader issue.
While many veterans enter the workforce, and some may even be offered
a health savings account as part of their insurance coverage, many
millions depend on Medicare and Medicaid. Now, we in the Congress can't
forget the role these programs play in caring for our veterans and
their loved ones as they return to the workforce, as they age, or as
they live with disabilities.
For more than four decades, Medicare and Medicaid have helped
Americans from all walks of life by improving their financial and
health security; but if you have been paying attention to the news
lately, you know these programs are under grave risk next year with a
new Congress and a new President.
As we speak today to honor veterans' service to our country, we must
also think about the safety net that has been in place for many years
to offer security. For example, today, nearly 1 in 10 veterans lacks
health insurance at all. More than 340,000 uninsured veterans and their
spouses live in States that have chosen not to expand Medicaid to cover
more residents. If those States offered coverage, these veterans would
have insurance if we really cared about them--but their Governors
apparently don't.
In Florida, more than 55,000 veterans and their spouses would be
Medicaid eligible had the State chosen to cover individuals earning
less than $21,000 a year. In North Carolina, 32,000 veterans and their
spouses, and in Texas 67,000 veterans and their spouses would be
eligible. But their Governors saw fit not to care.
Slashing Medicare funding by more than $1 trillion, as Speaker Ryan
has proposed, is not a way to help veterans. Yet that is what will be
in store next year. That is what people are talking about as what we
are going to do in the new year. Turning Medicare into a capped
voucher, privatizing the program, shifting more costs on beneficiaries,
won't help either.
Now back to the bill at hand. For veterans who are receiving coverage
through TRICARE, using employer coverage that offers health savings
accounts coupled with high-deductible health plans can cause a problem.
Under present law, eligibility for TRICARE coverage disqualifies a
retiree from HSA eligibility because the TRICARE program is not a high-
deductible plan. This, I believe, is a good thing, and it keeps health
care affordable for veterans, especially those who do not have the
option for other coverage.
While there is a difference of opinion in the committee on tax-
preferred health accounts, the legislation recognizes that some
veterans may have that coverage and could run afoul of current law
because of enrollment in TRICARE. H.R. 5458 would provide that military
retirees may disclaim their eligibility for the TRICARE program. This
would allow a retiree who enrolled in a high-deductible health plan to
receive or make HSA contributions.
When we considered this bill in the Committee on Ways and Means, the
Department of Defense as well as the House Committee on Armed Services
had some concerns with the approach in this bill, in particular, that
TRICARE eligibility is a statutory entitlement that cannot be waived.
If the NDAA conference language is passed later this week, this
legislation will no longer be needed as TRICARE enrollment will be
voluntary and retirees can move between employer-sponsored insurance
and TRICARE, depending on which coverage is best for their current
needs. In other words, this bill is going to last about 3 days, until
we pass the NDAA on Friday and it is signed into law.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of Nebraska. Mr. Speaker, I yield such time as he may
consume to the gentleman from Utah (Mr. Stewart), the author of this
bill.
Mr. STEWART. Mr. Speaker, I thank the gentleman from Nebraska for the
opportunity to speak on behalf of my bill, the Veterans TRICARE Choice
Act.
Mr. Speaker, it was my honor to serve for 14 years as a pilot in the
Air Force, and for my family--my wife, my children, and me--those were
some of the best years of our lives. I continue to be amazed at the
quality of those who serve in our military. It shouldn't become cliche
to say this: These are some of the finest young men and women that our
country has ever produced; they are strong, intelligent, dedicated,
courageous individuals who choose to use their talents to serve the
rest of us.
It makes me uncomfortable sometimes when I hear those of us who serve
in Congress being called public servants when we know that the true
public servants are the airmen, the seamen, the soldiers, the marines--
and their families; let's not forget their families and their sacrifice
as well--those who spend their careers either fighting abroad or
preparing for that eventuality. As Americans, we should make it a habit
to always thank these servicemembers whenever we see them.
As Members of Congress, it is our job to be wise in our foreign
policy, to give our warfighters the resources they need to win and then
to ensure that veterans receive the benefits that we have promised
them. In fact, that third responsibility is the genesis for this bill,
fixing a glitch that was brought to my attention.
As the gentleman has said already, it is just a glitch, just a
loophole in the current law that was brought to my attention by a group
of airline pilots. These pilots, many of whom are veterans, realized
that, as veterans, they were unable to take advantage of all the
healthcare benefits offered by their civilian employers. Many of them
wanted to use HSAs but, because of the TRICARE eligibility, were
legally unable to do that.
Mr. Speaker, HSAs are an innovative healthcare option that House
Republicans have advanced as an important part of a market-driven,
affordable healthcare system. In fact, HSAs are a critical component to
the Speaker's Better Way agenda, which I think many of us are excited
to see signed into law in the coming months. With that in mind, it
makes no sense to lock veterans out of this benefit based on
eligibility for TRICARE.
These pilots came to my office and had a simple request: Give us an
on-off switch for TRICARE so the veterans who wish to use an HSA while
retaining their right to return to TRICARE in the future can do that if
they choose. It made sense, so that is what we did with this bill. The
Veterans TRICARE Choice Act allows a veteran to suspend his or her
TRICARE benefits for the purpose of enrolling in a health savings plan.
If, for whatever reason, the veteran wishes to return to TRICARE, he or
she can do so. It is a simple, commonsense fix with broad, bipartisan
support.
[[Page H6319]]
I would like to thank Representative Tulsi Gabbard, a fellow veteran
with a distinguished career in the United States Navy and a current
member of the Hawaiian National Guard. Representative Gabbard and I
have been fortunate to work together on this bill for almost 3 years
now, and I am grateful for her work to bring this bill to this point.
I would also like to thank Chairman Brady, Chairman Thornberry,
Chairman Tiberi, Chairman Heck, and each of their staffs for their
great work and their support in refining the bill and bringing it to
the floor today. I am grateful for a similar measure that will be
included in the National Defense Authorization Act we will be voting on
later this week.
Finally, I would like to thank Nathaniel Johnson, a former member of
my staff, a member of the Utah National Guard, a former combat medic
who served in Afghanistan, and of course we called him Doc then. I
would like to thank Doc, who felt compelled to see this bill through to
its conclusion.
Mr. Speaker, our veterans deserve our most profound gratitude.
Nothing about their military service should prevent them from accessing
the same benefits as their nonveteran coworkers. The very least we can
do for them is ensure they receive the benefits we promised them and
that the process goes forward as smoothly as possible. I recognize we
have lots to do on that front, but I am hopeful the passage of this
bill will be one small step forward in that direction.
Mr. Speaker, I urge a ``yes'' vote.
Mr. McDERMOTT. Mr. Speaker, I yield such time as she may consume to
the gentlewoman from Hawaii (Ms. Gabbard).
Ms. GABBARD. Mr. Speaker, the problem that this bill seeks to solve
for our veterans is, unfortunately, not uncommon. I have heard from
many of my fellow veterans, as has previously been explained, who have
similarly not been able to access options widely available to their
civilian coworkers because of the current limitations in the law; and
that is what this bill seeks to do: correct it.
The Veterans TRICARE Choice Act simply gives veterans and their
dependents a choice: They can opt out of TRICARE and contribute to a
health savings account with more flexibility and coverage options
without fear of permanently losing their TRICARE coverage; and if their
situation later changes, they will have the option to reenroll in
TRICARE coverage, plain and simple.
Our veterans and their families make tremendous sacrifices in service
to our country, and that service should never limit their access to
quality health care and their ability to make their own decisions about
their own health and the health care for their families in the future.
I would like to thank and congratulate my friend and colleague, Chris
Stewart, for his leadership on pushing this issue forward, and I
encourage my colleagues to join us in supporting H.R. 5458 today.
{time} 1515
Mr. SMITH of Nebraska. Mr. Speaker, I reserve the balance of my time.
Mr. McDERMOTT. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, this bill is one of those things that you fill time
with, and I guess it is not going to hurt anything. So I would
recommend that all of my colleagues vote for it. It will be moot on
Friday, when we pass the NDAA.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of Nebraska. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I would like to take a moment to again thank Mr. Stewart
for his efforts. This is a good bill that, as the gentlewoman from
Hawaii mentioned, will help many folks--certainly, those that she has
heard from and I know others have as well. I support more veterans
having more options. I support the bill's passage and urge my
colleagues to support it.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nebraska (Mr. Smith) that the House suspend the rules
and pass the bill, H.R. 5458, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________