I 

109TH CONGRESS 

1ST SESSION H. R. 477 

To extend the period for COBRA coverage for victims of the terrorist attacks 

of September 11, 2001. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 1, 2005 

Mr. MARKEY introduced the following bill; which was referred to the Committee on Education and the Workforce, and in addition to the Committees on Ways and Means and Energy and Commerce, 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 extend the period for COBRA coverage for victims of 

the terrorist attacks of September 11, 2001. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Continuing Care for 

5 Recovering Families Act’’. 
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1 SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR 

2 CERTAIN INDIVIDUALS. 

3 (a) ERISA AMENDMENT.—Section 605 of the Em4 ployee Retirement Income Security Act of 1974 (29 

5 U.S.C. 1165) is amended by adding at the end the fol6 lowing: 

7 ‘‘(c) TEMPORARY EXTENSION OF COBRA ELECTION

8 AND COVERAGE PERIOD FOR VICTIMS OF TERRORIST AT9 TACKS.— 

10 ‘‘(1) IN GENERAL.—In the case of an eligible 

11 individual and notwithstanding subsection (a), such 

12 individual may elect continuation coverage under 

13 this part during the 120-day period that begins on 

14 the later of— 

15 ‘‘(A) the date of enactment of the Con16 tinuing Care for Recovering Families Act; or 

17 ‘‘(B) the date on which the individual ex18 periences the terrorism-related loss of coverage. 

19 ‘‘(2) COMMENCEMENT OF COVERAGE; NO

20 REACH-BACK.—Any continuation coverage elected by 

21 an eligible individual under paragraph (1) shall com22 mence at the beginning of the 120-day election pe23 riod described in such paragraph and shall not in24 clude any period prior to such 120-day election pe25 riod. In no event shall the maximum period required 
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1 under section 602(2)(A) be less than the period dur2 ing which the individual is an eligible individual. 

3 ‘‘(3) PREEXISTING CONDITIONS.—With respect 

4 to an individual who elects continuation coverage 

5 pursuant to paragraph (1), the period— 

6 ‘‘(A) beginning on the date of the ter7 rorism-related loss of coverage, and 

8 ‘‘(B) ending on the first day of the 120- 

9 day election period described in paragraph (1), 

10 shall be disregarded for purposes of deter11 mining the 63-day periods referred to in section 

12 701(c)(2), section 2701(c)(2) of the Public 

13 Health Service Act, and section 9801(c)(2) of 

14 the Internal Revenue Code of 1986. 

15 ‘‘(4) DEFINITIONS.—For purposes of this sub16 section: 

17 ‘‘(A) ELIGIBLE INDIVIDUAL.—The term 

18 ‘eligible individual’ means an individual who— 

19 ‘‘(i)(I) is the child of an individual de20 scribed in section 405(c)(2) of the Sep21 tember 11th Victim Compensation Fund of 

22 2001; or 

23 ‘‘(II) was the spouse of an individual 

24 described in section 405(c)(2) of the Sep-
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1 tember 11th Victim Compensation Fund of 

2 2001, on September 11, 2001; 

3 ‘‘(ii) has experienced a terrorism-re4 lated loss of coverage; and 

5 ‘‘(iii) is not otherwise entitled to bene6 fits, or enrolled, under part A of title 

7 XVIII of the Social Security Act or en8 rolled under part B of such title. 

9 ‘‘(B) TERRORISM-RELATED LOSS OF COV10 ERAGE.—The term ‘terrorism-related loss of 

11 coverage’ means, with respect to an eligible in12 dividual, the loss of health benefits coverage as13 sociated with the death, injury, or loss of em14 ployment of an individual described in section 

15 405(c)(2) of the September 11th Victim Com16 pensation Fund of 2001.’’. 

17 (b) PHSA AMENDMENT.—Section 2205 of the Public 

18 Health Service Act (42 U.S.C. 300bb–5) is amended by 

19 adding at the end the following: 

20 ‘‘(c) TEMPORARY EXTENSION OF COBRA ELECTION

21 AND COVERAGE PERIOD FOR VICTIMS OF TERRORIST AT22 TACKS.— 

23 ‘‘(1) IN GENERAL.—In the case of an eligible 

24 individual and notwithstanding subsection (a), such 

25 individual may elect continuation coverage under 
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1 this title during the 120-day period that begins on 

2 the later of— 

3 ‘‘(A) the date of enactment of the Con4 tinuing Care for Recovering Families Act; or 

5 ‘‘(B) the date on which the individual ex6 periences the terrorism-related loss of coverage. 

7 ‘‘(2) COMMENCEMENT OF COVERAGE; NO

8 REACH-BACK.—Any continuation coverage elected by 

9 an eligible individual under paragraph (1) shall com10 mence at the beginning of the 120-day election pe11 riod described in such paragraph and shall not in12 clude any period prior to such 120-day election pe13 riod. In no event shall the maximum period required 

14 under section 2202(2)(A) be less than the period 

15 during which the individual is an eligible individual. 

16 ‘‘(3) PREEXISTING CONDITIONS.—With respect 

17 to an individual who elects continuation coverage 

18 pursuant to paragraph (1), the period— 

19 ‘‘(A) beginning on the date of the ter20 rorism-related loss of coverage, and 

21 ‘‘(B) ending on the first day of the 120- 

22 day election period described in paragraph (1), 

23 shall be disregarded for purposes of deter24 mining the 63-day periods referred to in section 

25 2701(c)(2), section 701(c)(2) of the Employee 
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1 Retirement Income Security Act of 1974, and 

2 section 9801(c)(2) of the Internal Revenue 

3 Code of 1986. 

4 ‘‘(4) DEFINITIONS.—For purposes of this sub5 section: 

6 ‘‘(A) ELIGIBLE INDIVIDUAL.—The term 

7 ‘eligible individual’ means an individual who— 

8 ‘‘(i)(I) is the child of an individual de9 scribed in section 405(c)(2) of the Sep10 tember 11th Victim Compensation Fund of 

11 2001; or 

12 ‘‘(II) was the spouse of an individual 

13 described in section 405(c)(2) of the Sep14 tember 11th Victim Compensation Fund of 

15 2001, on September 11, 2001; 

16 ‘‘(ii) has experienced a terrorism-re17 lated loss of coverage; and 

18 ‘‘(iii) is not otherwise entitled to bene19 fits, or enrolled, under part A of title 

20 XVIII of the Social Security Act or en21 rolled under part B of such title. 

22 ‘‘(B) TERRORISM-RELATED LOSS OF COV23 ERAGE.—The term ‘terrorism-related loss of 

24 coverage’ means, with respect to an eligible in25 dividual, the loss of health benefits coverage as-
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1 sociated with the death, injury, or loss of em2 ployment of an individual described in section 

3 405(c)(2) of the September 11th Victim Com4 pensation Fund of 2001.’’. 

5 (c) IRC AMENDMENTS.—Paragraph (5) of section 

6 4980B(f) of the Internal Revenue Code of 1986 (relating 

7 to election) is amended by adding at the end the following: 

8 ‘‘(D) TEMPORARY EXTENSION OF COBRA

9 ELECTION AND COVERAGE PERIOD FOR VICTIMS

10 OF TERRORIST ATTACKS.— 

11 ‘‘(i) IN GENERAL.—In the case of an 

12 eligible individual and notwithstanding 

13 paragraph (1), such individual may elect 

14 continuation coverage under this title dur15 ing the 120-day period that begins on the 

16 later of— 

17 ‘‘(I) the date of enactment of the 

18 Continuing Care for Recovering Fami19 lies Act; or 

20 ‘‘(II) the date on which the indi21 vidual experiences the terrorism-re22 lated loss of coverage. 

23 ‘‘(ii) COMMENCEMENT OF COVERAGE; 

24 NO REACH-BACK.—Any continuation cov25 erage elected by an eligible individual 
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1 under clause (i) shall commence at the be2 ginning of the 120-day election period de3 scribed in such clause and shall not include 

4 any period prior to such 120-day election 

5 period. In no event shall the maximum pe6 riod required under paragraph (2)(B)(i) be 

7 less than the period during which the indi8 vidual is an eligible individual. 

9 ‘‘(iii) PREEXISTING CONDITIONS.— 

10 With respect to an individual who elects 

11 continuation coverage pursuant to clause 

12 (i), the period— 

13 ‘‘(I) beginning on the date of the 

14 terrorism-related loss of coverage, and 

15 ‘‘(II) ending on the first day of 

16 the 120-day election period described 

17 in clause (i), shall be disregarded for 

18 purposes of determining the 63-day 

19 periods referred to in section 

20 9801(c)(2), section 701(c)(2) of the 

21 Employee Retirement Income Security 

22 Act of 1974, and section 2701(c)(2) 

23 of the Public Health Service Act. 

24 ‘‘(iv) DEFINITIONS.—For purposes of 

25 this subparagraph: 
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1 ‘‘(I) ELIGIBLE INDIVIDUAL.— 

2 The term ‘eligible individual’ means 

3 an individual who— 

4 ‘‘(aa)(AA) is the child of an 

5 individual described in section 

6 405(c)(2) of the September 11th 

7 Victim Compensation Fund of 

8 2001; or 

9 ‘‘(BB) was the spouse of an 

10 individual described in section 

11 405(c)(2) of the September 11th 

12 Victim Compensation Fund of 

13 2001, on September 11, 2001; 

14 ‘‘(bb) has experienced a ter15 rorism-related loss of coverage; 

16 and 

17 ‘‘(cc) is not otherwise enti18 tled to benefits, or enrolled, 

19 under part A of title XVIII of 

20 the Social Security Act or en21 rolled under part B of such title. 

22 ‘‘(II) TERRORISM-RELATED LOSS

23 OF COVERAGE.—The term ‘terrorism24 related loss of coverage’ means, with 

25 respect to an eligible individual, the 
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1 loss of health benefits coverage associ2 ated with the death, injury, or loss of 

3 employment of an individual described 

4 in section 405(c)(2) of the September 

5 11th Victim Compensation Fund of 

6 2001.’’. 

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