II 

108TH CONGRESS 

2D SESSION S. 2837 

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

of September 11, 2001. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 23, 2004 

Mr. KENNEDY (for himself, Mr. LAUTENBERG, Mrs. CLINTON, and Mr. SCHUMER) introduced the following bill; which was read twice and referred to 

the Committee on Health, Education, Labor, and Pensions 

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’’. 

6 SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR 

7 CERTAIN INDIVIDUALS. 

8 (a) ERISA AMENDMENT.—Section 605 of the Em9 ployee Retirement Income Security Act of 1974 (29 
2 

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1 U.S.C. 1165) is amended by adding at the end the fol2 lowing: 

3 ‘‘(c) TEMPORARY EXTENSION OF COBRA ELECTION

4 AND COVERAGE PERIOD FOR VICTIMS OF TERRORIST AT5 TACKS.— 

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

7 individual and notwithstanding subsection (a), such 

8 individual may elect continuation coverage under 

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

10 the later of— 

11 ‘‘(A) the date of enactment of the Con12 tinuing Care for Recovering Families Act; or 

13 ‘‘(B) the date on which the individual ex14 periences the terrorism-related loss of coverage. 

15 ‘‘(2) COMMENCEMENT OF COVERAGE; NO

16 REACH-BACK.—Any continuation coverage elected by 

17 an eligible individual under paragraph (1) shall com18 mence at the beginning of the 120-day election pe19 riod described in such paragraph and shall not in20 clude any period prior to such 120-day election pe21 riod. In no event shall the maximum period required 

22 under section 602(2)(A) be less than the period dur23 ing which the individual is an eligible individual. 
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1 ‘‘(3) PREEXISTING CONDITIONS.—With respect 

2 to an individual who elects continuation coverage 

3 pursuant to paragraph (1), the period— 

4 ‘‘(A) beginning on the date of the ter5 rorism-related loss of coverage, and 

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

7 day election period described in paragraph (1), 

8 shall be disregarded for purposes of determining the 

9 63-day periods referred to in section 701(c)(2), sec10 tion 2701(c)(2) of the Public Health Service Act, 

11 and section 9801(c)(2) of the Internal Revenue Code 

12 of 1986. 

13 ‘‘(4) DEFINITIONS.—For purposes of this sub14 section: 

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

16 ‘eligible individual’ means an individual who— 

17 ‘‘(i)(I) is the child of an individual de18 scribed in section 405(c)(2) of the Sep19 tember 11th Victim Compensation Fund of 

20 2001; or 

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

22 described in section 405(c)(2) of the Sep23 tember 11th Victim Compensation Fund of 

24 2001, on September 11, 2001; 
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1 ‘‘(ii) has experienced a terrorism-re2 lated loss of coverage; and 

3 ‘‘(iii) is not otherwise covered under a 

4 health benefits plan or entitled to benefits, 

5 or enrolled, under part A of title XVIII of 

6 the Social Security Act or enrolled under 

7 part B of such title. 

8 ‘‘(B) TERRORISM-RELATED LOSS OF COV9 ERAGE.—The term ‘terrorism-related loss of 

10 coverage’ means, with respect to an eligible in11 dividual, the loss of health benefits coverage as12 sociated with the death, injury, or loss of em13 ployment of an individual described in section 

14 405(c)(2) of the September 11th Victim Com15 pensation Fund of 2001.’’. 

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

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

18 adding at the end the following: 

19 ‘‘(c) TEMPORARY EXTENSION OF COBRA ELECTION

20 AND COVERAGE PERIOD FOR VICTIMS OF TERRORIST AT21 TACKS.— 

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

23 individual and notwithstanding subsection (a), such 

24 individual may elect continuation coverage under 
5 

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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 determining the 

24 63-day periods referred to in section 2701(c)(2), sec25 tion 701(c)(2) of the Employee Retirement Income 
6 

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1 Security Act of 1974, and section 9801(c)(2) of the 

2 Internal Revenue Code of 1986. 

3 ‘‘(4) DEFINITIONS.—For purposes of this sub4 section: 

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

6 ‘eligible individual’ means an individual who— 

7 ‘‘(i)(I) is the child of an individual de8 scribed in section 405(c)(2) of the Sep9 tember 11th Victim Compensation Fund of 

10 2001; or 

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

12 described in section 405(c)(2) of the Sep13 tember 11th Victim Compensation Fund of 

14 2001, on September 11, 2001; 

15 ‘‘(ii) has experienced a terrorism-re16 lated loss of coverage; and 

17 ‘‘(iii) is not otherwise covered under a 

18 health benefits plan or entitled to benefits, 

19 or enrolled, under part A of title XVIII of 

20 the Social Security Act or enrolled under 

21 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 
8 

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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), 

18 shall be disregarded for purposes of deter19 mining the 63-day periods referred to in 

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

21 Employee Retirement Income Security Act 

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

23 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 cov18 ered under a health benefits plan 

19 or entitled to benefits, or en20 rolled, under part A of title 

21 XVIII of the Social Security Act 

22 or enrolled under part B of such 

23 title. 

24 ‘‘(II) TERRORISM-RELATED LOSS

25 OF COVERAGE.—The term ‘terrorism- 
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1 related loss of coverage’ means, with 

2 respect to an eligible individual, the 

3 loss of health benefits coverage associ4 ated with the death, injury, or loss of 

5 employment of an individual described 

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

7 11th Victim Compensation Fund of 

8 2001.’’. 

Æ