I 

110TH CONGRESS 

1ST SESSION H. R. 1603 

To amend title 5, United States Code, to establish a national health program 

administered by the Office of Personnel Management to offer Federal 

employee health benefits plans to certain individuals affected by an 

incident of national significance, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 20, 2007 

Mr. JEFFERSON introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the 

Committee on Ways and Means, 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 amend title 5, United States Code, to establish a national 

health program administered by the Office of Personnel 

Management to offer Federal employee health benefits 

plans to certain individuals affected by an incident of 

national significance, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Emergency Coverage 

5 During an Incident of National Significance Act of 2007’’. 


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1 SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH IN2 SURANCE TO CERTAIN INDIVIDUALS AF3 FECTED BY AN INCIDENT OF NATIONAL SIG4 NIFICANCE. 

5 (a) IN GENERAL.—Subpart G of part III of title 5, 

6 United States Code, is amended by redesignating chapters 

7 89A and 89B as chapters 89B and 89C, respectively, and 

8 by inserting after chapter 89 the following: 

9 ‘‘CHAPTER 89A—EMERGENCY HEALTH IN10 SURANCE FOR CERTAIN INDIVIDUALS 

11 AFFECTED BY AN INCIDENT OF NA12 TIONAL SIGNIFICANCE 

‘‘Sec. 

‘‘8921. Definitions. 

‘‘8922. Health insurance for eligible individuals. 

‘‘8923. Contract requirement. 

‘‘8924. Eligibility and identification of individuals. 

‘‘8925. Alternative conditions to Federal employee health benefits plans. 

13 ‘‘§ 8921. Definitions 

14 ‘‘In this chapter— 

15 ‘‘(1) the terms defined under section 8901 shall 

16 have the meanings given such terms under that sec17 tion; 

18 ‘‘(2) the term ‘eligible individual’ means any in19 dividual who, at the time of an incident of national 

20 significance, resides or is employed in the area iden21 tified under section 8924 with respect to such inci22 dent; 


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1 ‘‘(3) the term ‘incident of national significance’ 

2 means a domestic catastrophic incident which is des3 ignated as an incident of national significance by the 

4 President pursuant to the national response plan re5 ferred to in section 502(6) of the Homeland Security 

6 Act of 2002; and 

7 ‘‘(4) the term ‘Office’ means the Office of Per8 sonnel Management. 

9 ‘‘§ 8922. Health insurance for eligible individuals 

10 ‘‘(a) The Office of Personnel Management shall ad11 minister a health insurance program for eligible individ12 uals in accordance with this chapter. 

13 ‘‘(b) Except as provided under this chapter, the Of14 fice shall prescribe regulations to apply the provisions of 

15 chapter 89 to the greatest extent practicable to eligible 

16 individuals covered under this chapter. 

17 ‘‘§ 8923. Contract requirement 

18 ‘‘(a) In each calendar year, the Office shall enter into 

19 a contract with 3 or more carriers to make available 5 

20 or more health benefits plans (subject to the provisions 

21 of this chapter) to eligible individuals under this chapter. 

22 ‘‘(b) In carrying out this section, the Office may re23 quire 5 or more carriers to enter into a contract described 

24 in subsection (a), as a condition of entering into a contract 

25 under section 8902. 


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1 ‘‘§ 8924. Eligibility and identification of individuals 

2 ‘‘(a) Except as provided in subsection (b), any eligible 

3 individual may enroll in a health benefits plan under this 

4 chapter. 

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

6 plan under this chapter, if the individual— 

7 ‘‘(1) is 65 years of age or older; 

8 ‘‘(2) is enrolled or eligible to enroll for coverage 

9 under a public health insurance program, including 

10 coverage under title XVIII of the Social Security 

11 Act, coverage under a State plan under title XIX of 

12 such Act, coverage under a State plan under title 

13 XX of such Act, or coverage under any other pro14 gram determined by the Office; 

15 ‘‘(3) is enrolled or eligible to enroll in a plan 

16 under chapter 89; or 

17 ‘‘(4) is a member of the uniformed services as 

18 defined under section 101(a)(5) of title 10. 

19 ‘‘(c) With respect to each incident of national signifi20 cance, the Secretary of Homeland Security shall, con21 sistent with the President’s designation of such incident, 

22 identify the area affected by such incident and shall, in 

23 consultation with the Office, carry out a program to iden24 tify eligible individuals with respect to such incident. 

25 ‘‘(d) The period of an individual’s enrollment in a 

26 health benefits plan under this chapter shall not exceed 


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1 24 months with respect to any incident of national signifi2 cance. Such period may be extended by the Office if the 

3 Secretary of Homeland Security determines that the area 

4 identified under subsection (c) remains affected by the in5 cident. 

6 ‘‘§ 8925. Alternative conditions to Federal employee 

7 health benefits plans 

8 ‘‘(a) Rates charged and premiums paid for a health 

9 benefits plan under this chapter may differ between or 

10 among geographic regions. 

11 ‘‘(b) No Government contribution shall be made for 

12 any individual under this chapter. 

13 ‘‘(c) In the administration of this chapter, the Office 

14 shall ensure that individuals covered under this chapter 

15 shall be in a risk pool that is separate from the risk pool 

16 maintained for individuals covered under chapter 89.’’. 

17 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

18 (1) CONTRACT REQUIREMENT UNDER CHAPTER

19 89.—Section 8902 of title 5, United States Code, is 

20 amended by adding after subsection (o) the fol21 lowing: 

22 ‘‘(p) Each contract under this chapter may include, 

23 at the discretion of the Office, a provision that the carrier 

24 shall enter into a contract to provide 1 or more health 

25 benefits plans as described under chapter 89A.’’. 


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1 (2) TABLE OF CHAPTERS.—The table of chap2 ters for part III of title 5, United States Code, is 

3 amended— 

4 (A) by redesignating the items relating to 

5 chapters 89A and 89B as items relating to 

6 chapters 89B and 89C, respectively; and 

7 (B) by inserting after the item relating to 

8 chapter 89 the following: 

‘‘CHAPTER 89A—EMERGENCY HEALTH INSURANCE FOR CERTAIN

INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE

‘‘89A. Emergency Health Insurance for Certain Individuals Affected by 

an Incident of National Significance ............................ 8921’’. 

9 (c) EFFECTIVE DATE.—The amendments made by 

10 this section shall take effect on the date of enactment of 

11 this Act and shall apply to contracts that take effect with 

12 respect to the calendar year following such date of enact13 ment. 

14 SEC. 3. CREDIT FOR EMERGENCY HEALTH INSURANCE 

15 COSTS OF CERTAIN INDIVIDUALS AFFECTED 

16 BY AN INCIDENT OF NATIONAL SIGNIFI17 CANCE. 

18 (a) IN GENERAL.—Subpart C of part IV of sub19 chapter A of chapter 1 of the Internal Revenue Code of 

20 1986 (relating to refundable credits) is amended by redes21 ignating section 36 as section 37 and inserting after sec22 tion 35 the following new section: 


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1 ‘‘SEC. 36. EMERGENCY HEALTH INSURANCE COSTS OF CER2 TAIN INDIVIDUALS AFFECTED BY AN INCI3 DENT OF NATIONAL SIGNIFICANCE. 

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

5 there shall be allowed as a credit against the tax imposed 

6 by this subtitle for the taxable year an amount equal to 

7 the applicable percentage of the amount paid during such 

8 taxable year by the taxpayer for coverage of the taxpayer 

9 and family members under the health insurance plan es10 tablished under chapter 89A of title 5, United States 

11 Code. 

12 ‘‘(b) APPLICABLE PERCENTAGE.— 

13 ‘‘(1) IN GENERAL.—For purposes of subsection 

14 (a), the applicable percentage shall be determined in 

15 accordance with the following table: 

‘‘In the case of any taxpayer whose family 

income is the following percentage of the 

poverty line: 

The applicable 

percentage is:

Not more than 100 percent .................................... 100 percent

More than 100 percent, but not more than 300 

percent.

65 percent

More than 300 percent, but not more than 500 

percent.

40 percent

More than 500 percent, but not more than 600 

percent.

30 percent

More than 600 percent ........................................... 0 percent. 

16 ‘‘(2) FAMILY INCOME.—For purposes of this 

17 subsection, the term ‘family income’ means the ag18 gregate adjusted gross income of the taxpayer and 

19 the taxpayer’s spouse and dependents. 


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1 ‘‘(3) POVERTY LINE.—For purposes of this 

2 subsection, the term ‘poverty line’ means the poverty 

3 line as defined in section 673(2) of the Community 

4 Services Block Grant Act, for a family of the size in5 volved. 

6 ‘‘(c) SPECIAL RULES.— 

7 ‘‘(1) COORDINATION WITH ADVANCE PAYMENTS

8 OF CREDIT.—With respect to any taxable year, the 

9 amount which would (but for this paragraph) be al10 lowed as a credit to the taxpayer under subsection 

11 (a) shall be reduced (but not below zero) by the ag12 gregate amount paid on behalf of such taxpayer 

13 under section 7529 for such taxable year. 

14 ‘‘(2) COORDINATION WITH OTHER DEDUC15 TIONS.—Amounts taken into account under sub16 section (a) shall not be taken into account in deter17 mining any deduction allowed under section 162(l) 

18 or 213. 

19 ‘‘(3) TREATMENT OF PAYMENTS.—For pur20 poses of this section, payments made by the Sec21 retary on behalf of any individual under section 

22 7529 (relating to advance payment of credit for 

23 emergency health insurance costs of certain individ24 uals affected by an incident of national significance) 


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1 shall be treated as having been made by the tax2 payer. 

3 ‘‘(4) REGULATIONS.—The Secretary may pre4 scribe such regulations and other guidance as may 

5 be necessary or appropriate to carry out this section 

6 and section 7529.’’. 

7 (b) ADVANCE PAYMENT OF CREDIT.—Chapter 77 of 

8 the Internal Revenue Code of 1986 (relating to miscella9 neous provisions) is amended by adding at the end the 

10 following new section: 

11 ‘‘SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR EMER12 GENCY HEALTH INSURANCE COSTS OF CER13 TAIN INDIVIDUALS AFFECTED BY AN INCI14 DENT OF NATIONAL SIGNIFICANCE. 

15 ‘‘Not later than øAugust 1, 2008¿, the Secretary 

16 shall establish a program for making payments on behalf 

17 of individuals described in section 36(a) to the health in18 surance plan established under chapter 89A of title 5, 

19 United States Code.’’. 

20 (c) CONFORMING AMENDMENTS.— 

21 (1) Paragraph (2) of section 1324(b) of title 

22 31, United States Code, is amended by inserting ‘‘, 

23 36,’’ after ‘‘section 35’’. 

24 (2) The table of sections for subpart C of part 

25 IV of chapter 1 of the Internal Revenue Code of 


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1 1986 is amended by striking the item relating to 

2 section 36 and inserting the following new items: 

‘‘Sec. 36. Emergency health insurance costs of certain individuals affected by 

an incident of national significance. 

‘‘Sec. 37. Overpayments of tax.’’. 

3 (3) The table of sections for chapter 77 of such 

4 Code is amended by adding at the end the following 

5 new item: 

‘‘Sec. 7529. Advance payment of credit for emergency health insurance costs 

of certain individuals affected by an incident of national significance.’’. 

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

7 this section shall apply to taxable years ending after the 

8 date of the enactment of this Act. 

9 SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE 

10 HEALTH BENEFITS PROGRAM TO CERTAIN 

11 INDIVIDUALS AFFECTED BY AN INCIDENT OF 

12 NATIONAL SIGNIFICANCE. 

13 Not later than 3 months after the date of enactment 

14 of this Act and after consultation with appropriate ex15 perts, the Secretary of Homeland Security, and other Fed16 eral officers, the Director of the Office of Personnel Man17 agement 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 


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

2 to provide for that implementation. 

Æ 


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