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 Com-
mittee on Education and the Workforce, and in addition to the Commit-
tees 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 con-
cerned 
A BILL 
To extend the period for COBRA coverage for victims of 
the terrorist attacks of September 11, 2001. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Continuing Care for 
Recovering Families Act’’.
SEC. 2. EXTENSION OF COBRA COVERAGE PERIOD FOR 
CERTAIN INDIVIDUALS. 
(a) ERISA AMENDMENT.—Section 605 of the Em-
ployee Retirement Income Security Act of 1974 (29 
U.S.C. 1165) is amended by adding at the end the fol-
lowing: 
‘‘(c) TEMPORARY EXTENSION OF COBRA ELECTION 
AND COVERAGE PERIOD FOR VICTIMS OF TERRORIST AT-
TACKS.— 
‘‘(1) IN GENERAL.—In the case of an eligible 
individual and notwithstanding subsection (a), such 
individual may elect continuation coverage under 
this part during the 120-day period that begins on 
the later of— 
‘‘(A) the date of enactment of the Con-
tinuing Care for Recovering Families Act; or 
‘‘(B) the date on which the individual ex-
periences the terrorism-related loss of coverage. 
‘‘(2) 
COMMENCEMENT
OF
COVERAGE; 
NO 
REACH-BACK.—Any continuation coverage elected by 
an eligible individual under paragraph (1) shall com-
mence at the beginning of the 120-day election pe-
riod described in such paragraph and shall not in-
clude any period prior to such 120-day election pe-
riod. In no event shall the maximum period required
under section 602(2)(A) be less than the period dur-
ing which the individual is an eligible individual. 
‘‘(3) PREEXISTING CONDITIONS.—With respect 
to an individual who elects continuation coverage 
pursuant to paragraph (1), the period— 
‘‘(A) beginning on the date of the ter-
rorism-related loss of coverage, and 
‘‘(B) ending on the first day of the 120- 
day election period described in paragraph (1), 
shall be disregarded for purposes of deter-
mining the 63-day periods referred to in section 
701(c)(2), section 2701(c)(2) of the Public 
Health Service Act, and section 9801(c)(2) of 
the Internal Revenue Code of 1986. 
‘‘(4) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) ELIGIBLE
INDIVIDUAL.—The term 
‘eligible individual’ means an individual who— 
‘‘(i)(I) is the child of an individual de-
scribed in section 405(c)(2) of the Sep-
tember 11th Victim Compensation Fund of 
2001; or 
‘‘(II) was the spouse of an individual 
described in section 405(c)(2) of the Sep-
tember 11th Victim Compensation Fund of 
2001, on September 11, 2001; 
‘‘(ii) has experienced a terrorism-re-
lated loss of coverage; and 
‘‘(iii) is not otherwise entitled to bene-
fits, or enrolled, under part A of title 
XVIII of the Social Security Act or en-
rolled under part B of such title. 
‘‘(B) TERRORISM-RELATED LOSS OF COV-
ERAGE.—The term ‘terrorism-related loss of 
coverage’ means, with respect to an eligible in-
dividual, the loss of health benefits coverage as-
sociated with the death, injury, or loss of em-
ployment of an individual described in section 
405(c)(2) of the September 11th Victim Com-
pensation Fund of 2001.’’. 
(b) PHSA AMENDMENT.—Section 2205 of the Public 
Health Service Act (42 U.S.C. 300bb–5) is amended by 
adding at the end the following: 
‘‘(c) TEMPORARY EXTENSION OF COBRA ELECTION 
AND COVERAGE PERIOD FOR VICTIMS OF TERRORIST AT-
TACKS.— 
‘‘(1) IN GENERAL.—In the case of an eligible 
individual and notwithstanding subsection (a), such 
individual may elect continuation coverage under
this title during the 120-day period that begins on 
the later of— 
‘‘(A) the date of enactment of the Con-
tinuing Care for Recovering Families Act; or 
‘‘(B) the date on which the individual ex-
periences the terrorism-related loss of coverage. 
‘‘(2) 
COMMENCEMENT
OF
COVERAGE; 
NO 
REACH-BACK.—Any continuation coverage elected by 
an eligible individual under paragraph (1) shall com-
mence at the beginning of the 120-day election pe-
riod described in such paragraph and shall not in-
clude any period prior to such 120-day election pe-
riod. In no event shall the maximum period required 
under section 2202(2)(A) be less than the period 
during which the individual is an eligible individual. 
‘‘(3) PREEXISTING CONDITIONS.—With respect 
to an individual who elects continuation coverage 
pursuant to paragraph (1), the period— 
‘‘(A) beginning on the date of the ter-
rorism-related loss of coverage, and 
‘‘(B) ending on the first day of the 120- 
day election period described in paragraph (1), 
shall be disregarded for purposes of deter-
mining the 63-day periods referred to in section 
2701(c)(2), section 701(c)(2) of the Employee
Retirement Income Security Act of 1974, and 
section 9801(c)(2) of the Internal Revenue 
Code of 1986. 
‘‘(4) DEFINITIONS.—For purposes of this sub-
section: 
‘‘(A) ELIGIBLE
INDIVIDUAL.—The term 
‘eligible individual’ means an individual who— 
‘‘(i)(I) is the child of an individual de-
scribed in section 405(c)(2) of the Sep-
tember 11th Victim Compensation Fund of 
2001; or 
‘‘(II) was the spouse of an individual 
described in section 405(c)(2) of the Sep-
tember 11th Victim Compensation Fund of 
2001, on September 11, 2001; 
‘‘(ii) has experienced a terrorism-re-
lated loss of coverage; and 
‘‘(iii) is not otherwise entitled to bene-
fits, or enrolled, under part A of title 
XVIII of the Social Security Act or en-
rolled under part B of such title. 
‘‘(B) TERRORISM-RELATED LOSS OF COV-
ERAGE.—The term ‘terrorism-related loss of 
coverage’ means, with respect to an eligible in-
dividual, the loss of health benefits coverage as-