I 

115TH CONGRESS 

1ST SESSION H. R. 1408 

To repeal the Patient Protection and Affordable Care Act and the health 

care-related provisions in the Health Care and Education Reconciliation 

Act of 2010 and to amend title 5, United States Code, to offer Federal 

employee health benefits plans to individuals who are not Federal employees, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 7, 2017 

Mr. ISSA introduced the following bill; which was referred to the Committee 

on Energy and Commerce, and in addition to the Committees on Ways 

and Means, Oversight and Government Reform, Education and the Workforce, Natural Resources, the Judiciary, Appropriations, House Administration, and Rules, for a period to be subsequently determined by the 

Speaker, in each case for consideration of such provisions as fall within 

the jurisdiction of the committee concerned 

A BILL 

To repeal the Patient Protection and Affordable Care Act 

and the health care-related provisions in the Health Care 

and Education Reconciliation Act of 2010 and to amend 

title 5, United States Code, to offer Federal employee 

health benefits plans to individuals who are not Federal 

employees, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Access to Insurance 

3 for All Americans Act’’. 

4 SEC. 2. REPEAL OF PPACA AND HEALTH CARE-RELATED 

5 PROVISIONS OF HCERA. 

6 (a) PPACA.—Effective beginning with the first cal7 endar year beginning 2 years after the date of the enact8 ment of this Act, the Patient Protection and Affordable 

9 Care Act (Public Law 111–148) is repealed and the provi10 sions of law amended or repealed by such Act are restored 

11 or revived as if such Act had not been enacted. 

12 (b) HEALTH CARE-RELATED PROVISIONS OF

13 HCERA.— 

14 (1) IN GENERAL.—Effective beginning with the 

15 first calendar year beginning 2 years after the date 

16 of the enactment of this Act, the health care-related 

17 provisions of the Health Care and Education Rec18 onciliation Act of 2010 (Public Law 111–152) are 

19 repealed and the provisions of law amended or re20 pealed by such health care-related provisions are re21 stored or revived as if such provisions had not been 

22 enacted. 

23 (2) HEALTH CARE-RELATED PROVISIONS DE24 FINED.—In paragraph (1), the term ‘‘health care-re25 lated provisions’’ means, with respect to the Health 


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1 Care and Education Reconciliation Act of 2010, title 

2 I and subtitle B of title II of such Act. 

3 SEC. 3. EXTENSION AND MODIFICATION OF FEDERAL EM4 PLOYEE HEALTH INSURANCE. 

5 (a) FEHBP.— 

6 (1) IN GENERAL.—Chapter 89 of title 5, United 

7 States Code, is amended by adding at the end the 

8 following: 

9 ‘‘§ 8915. Health insurance for individuals who are not 

10 Federal employees 

11 ‘‘(a) Except as provided in this section, any individual 

12 may enroll in a health benefits plan provided under this 

13 chapter and receive health benefits, to the greatest extent 

14 practicable, in the same manner as an employee. 

15 ‘‘(b) An individual may not enroll in a health benefits 

16 plan under this section if the individual— 

17 ‘‘(1) is enrolled or eligible to enroll for coverage 

18 under a public health insurance program, includ19 ing— 

20 ‘‘(A) title XVIII of the Social Security Act; 

21 ‘‘(B) a State plan under title XIX of the 

22 Social Security Act; 

23 ‘‘(C) a State plan under title XXI of the 

24 Social Security Act; or 


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1 ‘‘(D) any other program determined by the 

2 Office; 

3 ‘‘(2) is a member of the uniformed services as 

4 defined under section 101(a)(5) of title 10; or 

5 ‘‘(3) is not a citizen or national of the United 

6 States or an alien lawfully present in the United 

7 States. 

8 ‘‘(c)(1) No Government contribution may be made for 

9 any individual enrolled in a health benefits plan pursuant 

10 to this section. 

11 ‘‘(2) Pursuant to regulations that the Office of Per12 sonnel Management may prescribe, an employer of an in13 dividual enrolled in such a plan may make a contribution 

14 on behalf of the individual. 

15 ‘‘(d) In carrying out this section, the Office shall en16 sure that individuals enrolled in a health benefits plan 

17 under this section shall be in the same risk pool main18 tained for employees covered by this chapter. 

19 ‘‘(e) The Office shall issue regulations as are nec20 essary to carry out this section. 

21 ‘‘§ 8916. No lifetime or annual limits 

22 ‘‘(a) A carrier offering a health benefits plan under 

23 this chapter may not establish— 

24 ‘‘(1) lifetime limits on the dollar value of bene25 fits for any individual enrolled in such plan; or 


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1 ‘‘(2) unreasonable annual limits (within the 

2 meaning of section 223 of the Internal Revenue 

3 Code of 1986) on the dollar value of benefits for any 

4 such individual. 

5 ‘‘(b) Subsection (a) shall not be construed to prevent 

6 a health benefits plan under this chapter from placing an7 nual or lifetime per beneficiary limits on specific covered 

8 benefits to the extent that such limits are otherwise per9 mitted under Federal or State law. 

10 ‘‘§ 8917. Non-discrimination in health care 

11 ‘‘A carrier offering a health benefits plan under this 

12 chapter may not discriminate with respect to participation 

13 under the plan or coverage against any health care pro14 vider who is acting within the scope of that provider’s li15 cense or certification under applicable State law. This sec16 tion shall not require that a health benefits plan or carrier 

17 contract with any health care provider willing to abide by 

18 the terms and conditions for participation established by 

19 the plan or issuer. Nothing in this section shall be con20 strued as preventing a health benefits plan, a carrier, or 

21 the Director of the Office of Personnel Management from 

22 establishing varying reimbursement rates based on quality 

23 or performance measures.’’. 

24 (2) CHILD UNDER THE AGE OF 26.—Section 

25 8901(5) of title 5, United States Code, is amended 


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1 by striking ‘‘22’’ in each instance it appears and in2 serting ‘‘26’’. 

3 (3) APPLICATION.—Sections 8916 and 8917 of 

4 such title (as added by paragraph (1)) shall begin to 

5 apply to any contract for health benefits plans en6 tered into by the Office of Personnel Management 

7 under chapter 89 of such title after the date of en8 actment of this Act. 

9 (4) CLERICAL AMENDMENT.—The table of sec10 tions of chapter 89 of title 5, United States Code, 

11 is amended by inserting after the item relating to 

12 section 8914 the following new items: 

‘‘8915. Health insurance for individuals who are not Federal employees. 

‘‘8616. No lifetime or annual limits. 

‘‘8917. Non-discrimination in health care.’’. 

13 (b) DENTAL AND VISION BENEFITS.— 

14 (1) DENTAL.—Section 8952 of title 5, United 

15 States Code, is amended by adding at the end the 

16 following: 

17 ‘‘(d) The Office shall issue regulations necessary to 

18 enroll individuals described in section 8915 in dental bene19 fits plan offered under this chapter, consistent with the 

20 requirements of such section.’’. 

21 (2) VISION.—Section 8982 of title 5, United 

22 States Code, is amended by adding at the end the 

23 following: 


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1 ‘‘(d) The Office shall issue regulations necessary to 

2 enroll individuals described in section 8915 in vision bene3 fits plan offered under this chapter, consistent with the 

4 requirements of such section.’’. 

5 (c) SPECIAL ENROLLMENT PERIOD FOR FEDERAL

6 EMPLOYEES AND UNINSURED INDIVIDUALS.—The Direc7 tor of the Office of Personnel Management shall issue reg8 ulations to provide for a special enrollment period, to 

9 begin on the date of enactment of this Act and ending 

10 on the date that is 180 after such date of enactment or 

11 the last day of the calendar year in which such date of 

12 enactment occurs, whichever is later, under which the fol13 lowing individuals may enroll in a health benefits plan 

14 under chapter 89, 89A, or 89B of title 5, United States 

15 Code: 

16 (1) Any employee (as that term is defined in 

17 section 8901(1) of such title) who is not enrolled in 

18 a health benefits plan under any such chapter but 

19 who is otherwise eligible to enroll in such a plan, in20 cluding any employee excluded by section 

21 1312(d)(3)(D) of the Patient Protection and Afford22 able Care Act (Public Law 111–148). 

23 (2) Any individual not covered by paragraph (1) 

24 and who is not covered by any health insurance, as 


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1 determined by the Director of the Office of Per2 sonnel Management. 

3 (d) ENROLLMENT OF INSURED INDIVIDUALS WHO

4 ARE NOT FEDERAL EMPLOYEES.—For plan years begin5 ning in the year immediately following the year in which 

6 this subsection is enacted, the Director of the Office of 

7 Personnel Management shall issue regulations to provide 

8 for the enrollment of individuals (as described under sec9 tion 8915 of title 5, United States Code, as added by sub10 section (a)) in health benefits plans under chapter 89, 

11 89A, or 89B of such title. 

12 SEC. 4. DEDUCTION FOR PREMIUMS PAID BY FEHBP NON13 EMPLOYEE ENROLLEES. 

14 (a) IN GENERAL.—Part VII of subchapter B of chap15 ter 1 of the Internal Revenue Code of 1986 (relating to 

16 additional itemized deductions) is amended— 

17 (1) by redesignating section 224 as section 225; 

18 and 

19 (2) by inserting after section 223 the following 

20 new section: 

21 ‘‘SEC. 224. PREMIUMS PAID FOR FEHBP COVERAGE. 

22 ‘‘(a) IN GENERAL.—In the case of an individual, 

23 there shall be allowed as a deduction an amount equal to 

24 the amount paid as premiums during the taxable year for 

25 coverage for the taxpayer, the spouse of the taxpayer, and 


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1 dependents under health insurance provided pursuant to 

2 section 8915 title 5, United States Code. 

3 ‘‘(b) SPECIAL RULES.— 

4 ‘‘(1) COORDINATION WITH MEDICAL DEDUC5 TION, ETC.—Any amount paid by a taxpayer for in6 surance to which subsection (a) applies shall not be 

7 taken into account in computing the amount allow8 able to the taxpayer as a deduction under section 

9 162(l) or 213(a). Any amount taken into account in 

10 determining the credit allowed under section 35 shall 

11 not be taken into account for purposes of this sec12 tion. 

13 ‘‘(2) DEDUCTION NOT ALLOWED FOR SELF-EM14 PLOYMENT TAX PURPOSES.—The deduction allow15 able by reason of this section shall not be taken into 

16 account in determining an individual’s net earnings 

17 from self-employment (within the meaning of section 

18 1402(a)) for purposes of chapter 2.’’. 

19 (b) DEDUCTION ALLOWED IN COMPUTING AD20 JUSTED GROSS INCOME.—Subsection (a) of section 62 of 

21 such Code is amended by inserting before the last sentence 

22 the following new paragraph: 

23 ‘‘(22) PREMIUMS PAID FOR FEHBP COV24 ERAGE.—The deduction allowed by section 224.’’. 


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1 (c) CLERICAL AMENDMENT.—The table of sections 

2 for part VII of subchapter B of chapter 1 of such Code 

3 is amended by— 

4 (1) redesignating the item relating to section 

5 224 as an item relating to section 225; and 

6 (2) inserting before such item the following new 

7 item: 

‘‘Sec. 224. Premiums paid for FEHBP coverage.’’. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall apply to taxable years ending after the 

10 date of enactment of this Act. 

11 SEC. 5. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE 

12 HEALTH BENEFITS PROGRAM. 

13 Not later than 6 months after the date of enactment 

14 of this Act and after consultation with appropriate ex15 perts, representatives of affected individuals, and Federal 

16 officers, the Director of the Office of Personnel Manage17 ment shall submit a comprehensive plan to Congress 

18 that— 

19 (1) provides for the orderly implementation of 

20 the amendments made by this Act; and 

21 (2) includes a schedule of actions to be taken 

22 to provide for that implementation. 

Æ 


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