S.Amdt. 3321

SA 3321. Mr. TUBERVILLE submitted an amendment intended to be
proposed by him to the bill S. 2296, to authorize appropriations for
fiscal year 2026 for military activities of the Department of Defense,
for military construction, and for defense activities of the Department
of Energy, to prescribe military personnel strengths for such fiscal
year, and for other purposes; which was ordered to lie on the table; as
follows:

At the end of subtitle A of title VII, add the following:

SEC. 707. PILOT PROGRAM TO ASSIST CERTAIN MEMBERS OF THE
ARMED FORCES AND DEPENDENTS WITH ADDITIONAL
SUPPLEMENTAL COVERAGE RELATING TO CANCER.

(a) Establishment.--Not later than September 30, 2026, the
Secretary of Defense shall establish a pilot program under
which a covered individual may obtain supplemental insurance
for noncovered expenses under a fixed indemnity supplemental
benefit plan described in subsection (b)(1) (in this section
referred to as the ``pilot program'').
(b) Agreement.--
(1) In general.--In carrying out the pilot program, the
Secretary shall enter into an agreement with not fewer than
two companies to each offer one or more fixed indemnity
supplemental benefit plans that--
(A) meet the requirements for a supplemental insurance plan
under section 199.2 of title 32, Code of Federal Regulations,
and the exceptions under section 199.8(b)(4) of such title,
as in effect on the date of the enactment of this Act;
(B) are provided under a separate policy, certificate, or
contract;
(C) provide no coordination with any other health benefit
plan; and
(D) are designed to help participants pay noncovered
expenses.
(2) Duration.--An agreement entered into under paragraph
(1) shall be for a period of not less than three years.
(3) Requirements.--In entering into an agreement under
paragraph (1) with a company, the Secretary--
(A) may not select a company to provide coverage in a State
in which the company is not licensed and does not meet
solvency requirements applicable in that State;
(B) shall award the contract based on the expertise of the
company;
(C) shall negotiate the terms and conditions of the fixed
indemnity supplemental benefit plan provided under the
agreement, including with respect to the ability of the
company to communicate with individuals not enrolled in the
plan and whether such communication may include information
on other insurance products;
(D) shall negotiate the cost of coverage with the company
that will cover the participants who elect to enroll in such
plan;
(E) shall provide a method for verification of the
eligibility of applicants and procedures for determination of
eligibility; and
(F) shall provide a method for payroll deduction of
premiums.
(4) Provision of information.--The Secretary shall provide
information to covered individuals regarding the pilot
program by making available on the online portal of the
TRICARE program the following information:
(A) A notice of availability of a fixed indemnity
supplemental benefit plan provided under the pilot program.
(B) A description of how to enroll in such plan.
(C) A description and explanation of the benefits provided
under such plan.
(D) A description of the costs to the individual through
premiums and remittances to a company providing such plan.
(c) Election To Enroll.--A covered individual may elect to
enroll in a fixed indemnity supplemental benefit plan
provided under the pilot program.
(d) Limitations on Authorization of Appropriations.--None
of the amounts authorized to be appropriated by this Act to
carry out the pilot program may be used to subsidize the cost
of a fixed indemnity supplemental benefit plan provided under
the pilot program.
(e) Preemption.--Section 199.17(a)(7)(i) of title 32, Code
of Federal Regulations, as in effect on the date of the
enactment of this Act, shall apply to the pilot program.
(f) Report.--Not later than two years after the date on
which the pilot program commences, the Secretary shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report regarding the pilot
program, including the following:
(1) A description of the insurance products provided
through a fixed indemnity supplemental benefit plan provided
under the pilot program.
(2) The number of covered individuals who enrolled in such
a plan.
(3) Feedback and examples of use cases by such individuals.
(4) A determination by the Secretary with respect to
whether the pilot program should be made permanent.
(g) Sunset.--Unless the Secretary makes a determination
under subsection (f)(4) to make the pilot program permanent,
the pilot program shall terminate on the day that is five
years after the date of the enactment of this Act.
(h) Definitions.--In this section:
(1) The term ``covered individual'' means the following:
(A) A member of the Army, Navy, Marine Corps, Air Force, or
Space Force.
(B) A dependent (as defined in section 1072 of title 10,
United States Code) of such a member who is enrolled in the
TRICARE program.
(2) The term ``noncovered expense'' means, with respect to
a covered individual, any expenses relating to the screening
for and diagnosis and treatment of cancer that are not
otherwise covered by the health care benefits the individuals
receives under chapter 55 of title 10, United States Code.
(3) The term ``State'' has the meaning given that term in
section 901 of title 32, United States Code.
(4) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
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