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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Emergency Coverage During an Incident of National
Significance Act of 2007'.
SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE TO CERTAIN INDIVIDUALS
AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE.
(a) In General- Subpart G of part III of title 5, United States Code, is
amended by redesignating chapters 89A and 89B as chapters 89B and 89C, respectively,
and by inserting after chapter 89 the following:
`CHAPTER 89A--EMERGENCY HEALTH INSURANCE FOR CERTAIN INDIVIDUALS AFFECTED
BY AN INCIDENT OF NATIONAL SIGNIFICANCE
`8922. Health insurance for eligible individuals.
`8923. Contract requirement.
`8924. Eligibility and identification of individuals.
`8925. Alternative conditions to Federal employee health benefits plans.
`Sec. 8921. Definitions
`(1) the terms defined under section 8901 shall have the meanings given
such terms under that section;
`(2) the term `eligible individual' means any individual who, at the time
of an incident of national significance, resides or is employed in the
area identified under section 8924 with respect to such incident;
`(3) the term `incident of national significance' means a domestic catastrophic
incident which is designated as an incident of national significance by
the President pursuant to the national response plan referred to in section
502(6) of the Homeland Security Act of 2002; and
`(4) the term `Office' means the Office of Personnel Management.
`Sec. 8922. Health insurance for eligible individuals
`(a) The Office of Personnel Management shall administer a health insurance
program for eligible individuals in accordance with this chapter.
`(b) Except as provided under this chapter, the Office shall prescribe regulations
to apply the provisions of chapter 89 to the greatest extent practicable
to eligible individuals covered under this chapter.
`Sec. 8923. Contract requirement
`(a) In each calendar year, the Office shall enter into a contract with
3 or more carriers to make available 5 or more health benefits plans (subject
to the provisions of this chapter) to eligible individuals under this chapter.
`(b) In carrying out this section, the Office may require 5 or more carriers
to enter into a contract described in subsection (a), as a condition of
entering into a contract under section 8902.
`Sec. 8924. Eligibility and identification of individuals
`(a) Except as provided in subsection (b), any eligible individual may enroll
in a health benefits plan under this chapter.
`(b) An individual may not enroll in a health benefits plan under this chapter,
if the individual--
`(1) is 65 years of age or older;
`(2) is enrolled or eligible to enroll for coverage under a public health
insurance program, including coverage under title XVIII of the Social
Security Act, coverage under a State plan under title XIX of such Act,
coverage under a State plan under title XX of such Act, or coverage under
any other program determined by the Office;
`(3) is enrolled or eligible to enroll in a plan under chapter 89; or
`(4) is a member of the uniformed services as defined under section 101(a)(5)
of title 10.
`(c) With respect to each incident of national significance, the Secretary
of Homeland Security shall, consistent with the President's designation
of such incident, identify the area affected by such incident and shall,
in consultation with the Office, carry out a program to identify eligible
individuals with respect to such incident.
`(d) The period of an individual's enrollment in a health benefits plan
under this chapter shall not exceed 24 months with respect to any incident
of national significance. Such period may be extended by the Office if the
Secretary of Homeland Security determines that the area identified under
subsection (c) remains affected by the incident.
`Sec. 8925. Alternative conditions to Federal employee health benefits
plans
`(a) Rates charged and premiums paid for a health benefits plan under this
chapter may differ between or among geographic regions.
`(b) No Government contribution shall be made for any individual under this
chapter.
`(c) In the administration of this chapter, the Office shall ensure that
individuals covered under this chapter shall be in a risk pool that is separate
from the risk pool maintained for individuals covered under chapter 89.'.
(b) Technical and Conforming Amendments-
(1) CONTRACT REQUIREMENT UNDER CHAPTER 89- Section 8902 of title 5, United
States Code, is amended by adding after subsection (o) the following:
`(p) Each contract under this chapter may include, at the discretion of
the Office, a provision that the carrier shall enter into a contract to
provide 1 or more health benefits plans as described under chapter 89A.'.
(2) TABLE OF CHAPTERS- The table of chapters for part III of title 5,
United States Code, is amended--
(A) by redesignating the items relating to chapters 89A and 89B as items
relating to chapters 89B and 89C, respectively; and
(B) by inserting after the item relating to chapter 89 the following:
`Chapter 89A--Emergency Health Insurance for Certain Individuals Affected
by an Incident of National Significance
8921'.
(c) Effective Date- The amendments made by this section shall take effect
on the date of enactment of this Act and shall apply to contracts that take
effect with respect to the calendar year following such date of enactment.
SEC. 3. CREDIT FOR EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS
AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE.
(a) In General- Subpart C of part IV of subchapter A of chapter 1 of the
Internal Revenue Code of 1986 (relating to refundable credits) is amended
by redesignating section 36 as section 37 and inserting after section 35
the following new section:
`SEC. 36. EMERGENCY HEALTH INSURANCE COSTS OF CERTAIN INDIVIDUALS AFFECTED
BY AN INCIDENT OF NATIONAL SIGNIFICANCE.
`(a) In General- In the case of an individual, there shall be allowed as
a credit against the tax imposed by this subtitle for the taxable year an
amount equal to the applicable percentage of the amount paid during such
taxable year by the taxpayer for coverage of the taxpayer and family members
under the health insurance plan established under chapter 89A of title 5,
United States Code.
`(b) Applicable Percentage-
`(1) IN GENERAL- For purposes of subsection (a), the applicable percentage
shall be determined in accordance with the following table:
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`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.
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`(2) FAMILY INCOME- For purposes of this subsection, the term `family
income' means the aggregate adjusted gross income of the taxpayer and
the taxpayer's spouse and dependents.
`(3) POVERTY LINE- For purposes of this subsection, the term `poverty
line' means the poverty line as defined in section 673(2) of the Community
Services Block Grant Act, for a family of the size involved.
`(1) COORDINATION WITH ADVANCE PAYMENTS OF CREDIT- With respect to any
taxable year, the amount which would (but for this paragraph) be allowed
as a credit to the taxpayer under subsection (a) shall be reduced (but
not below zero) by the aggregate amount paid on behalf of such taxpayer
under section 7529 for such taxable year.
`(2) COORDINATION WITH OTHER DEDUCTIONS- Amounts taken into account under
subsection (a) shall not be taken into account in determining any deduction
allowed under section 162(l) or 213.
`(3) TREATMENT OF PAYMENTS- For purposes of this section, payments made
by the Secretary on behalf of any individual under section 7529 (relating
to advance payment of credit for emergency health insurance costs of certain
individuals affected by an incident of national significance) shall be
treated as having been made by the taxpayer.
`(4) REGULATIONS- The Secretary may prescribe such regulations and other
guidance as may be necessary or appropriate to carry out this section
and section 7529.'.
(b) Advance Payment of Credit- Chapter 77 of the Internal Revenue Code of
1986 (relating to miscellaneous provisions) is amended by adding at the
end the following new section:
`SEC. 7529. ADVANCE PAYMENT OF CREDIT FOR EMERGENCY HEALTH INSURANCE COSTS
OF CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE.
`Not later than [Struck out->][ August 1, 2008
][<-Struck out] , the Secretary shall establish
a program for making payments on behalf of individuals described in section
36(a) to the health insurance plan established under chapter 89A of title
5, United States Code.'.
(c) Conforming Amendments-
(1) Paragraph (2) of section 1324(b) of title 31, United States Code,
is amended by inserting `, 36,' after `section 35'.
(2) The table of sections for subpart C of part IV of chapter 1 of the
Internal Revenue Code of 1986 is amended by striking the item relating
to 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) The table of sections for chapter 77 of such Code is amended by adding
at the end the following new item:
`Sec. 7529. Advance payment of credit for emergency health insurance costs
of certain individuals affected by an incident of national significance.'.
(d) Effective Date- The amendments made by this section shall apply to taxable
years ending after the date of the enactment of this Act.
SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM
TO CERTAIN INDIVIDUALS AFFECTED BY AN INCIDENT OF NATIONAL SIGNIFICANCE.
Not later than 3 months after the date of enactment of this Act and after
consultation with appropriate experts, the Secretary of Homeland Security,
and other Federal officers, the Director of the Office of Personnel Management
shall submit a comprehensive plan to Congress that--
(1) provides for the orderly implementation of the amendments made by
this Act; and
(2) includes a schedule of actions to be taken to provide for that implementation.
END
