I 

108TH CONGRESS 

1ST SESSION H. R. 56

To make the Federal employees health benefits program available to individuals age 55 to 65 who would not otherwise have health insurance, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 7, 2003

Mr. DREIER introduced the following bill; which was referred to the Committee on 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 make the Federal employees health benefits program 

available to individuals age 55 to 65 who would not 

otherwise have health insurance, 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. ELIGIBILITY FOR FEHBP COVERAGE. 

4 (a) IN GENERAL.—Chapter 89 of title 5, United 

5 States Code, is amended by adding at the end the fol6 lowing: 
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1 ‘‘§ 8915. Coverage for the near elderly 

2 ‘‘(a) For purposes of this section, the term ‘qualified 

3 individual’ means an individual who, as of the date on 

4 which such individual first submits an application for 

5 health insurance coverage under this chapter in accord6 ance with subsection (d)—

7 ‘‘(1) is at least 55 but less than 65 years of 

8 age; and 

9 ‘‘(2) has not been covered under any policy of 

10 health insurance for at least the preceding 30 days. 

11 ‘‘(b) Subject to the succeeding provisions of this sec12 tion, any qualified individual may enroll in an approved 

13 health benefits plan under this chapter, for self alone, so 

14 long as such individual pays currently into the Employees 

15 Health Benefits Fund, under arrangements acceptable to 

16 the Office of Personnel Management, the total subscrip17 tion charges required. 

18 ‘‘(c) The total subscription charges required in the 

19 case of an individual enrolled in a health benefits plan 

20 under this section shall be equal to the sum of the em21 ployee and agency contributions that would apply under 

22 this chapter in the case of an employee enrolled in the 

23 same health benefits plan and level of benefits for self 

24 alone. 

25 ‘‘(d) An application to obtain health insurance cov26 erage under this section may be submitted during any 
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1 open enrollment period normally provided for under this 

2 chapter and at such other times as the Office may by regu3 lation prescribe. 

4 ‘‘(e) Notwithstanding any other provision of this sec5 tion—

6 ‘‘(1) an individual may not enroll or remain en7 rolled in any health benefits plan pursuant to this 

8 section after attaining age 65; and 

9 ‘‘(2) an individual whose enrollment under this 

10 section is terminated, whether voluntarily or involun11 tarily, shall be barred from subsequently reenrolling 

12 under this section. 

13 ‘‘(f) The Office shall prescribe such regulations as 

14 may be necessary to carry out this section.’’. 

15 (b) CONFORMING AMENDMENT.—The table of sec16 tions for chapter 89 of title 5, United States Code, is 

17 amended by adding at the end the following:

‘‘8915. Coverage for the near elderly.’’.

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

19 this section shall apply with respect to coverage in contract 

20 years beginning later than 6 months after the date of the 

21 enactment of this Act.

22 SEC. 2. EXPANSION OF AVAILABILITY OF ARCHER MSAS. 

23 (a) REPEAL OF LIMITATIONS ON NUMBER OF AR24 CHER MSAS.—
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1 (1) IN GENERAL.—Subsections (i) and (j) of 

2 section 220 of the Internal Revenue Code of 1986 

3 are hereby repealed. 

4 (2) CONFORMING AMENDMENT.—Paragraph (1) 

5 of section 220(c) of such Code is amended by strik6 ing subparagraph (D). 

7 (b) EFFECTIVE DATE.—The amendments made by 

8 this section shall apply to taxable years ending after the 

9 date of the enactment of this Act.

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