[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2161 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2161
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 individuals who are not
Federal employees, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2004
Mrs. Boxer introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
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 individuals who are not
Federal employees, 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 ``Universal Access to Affordable
Insurance for all Americans Act of 2004''.
SEC. 2. EXTENSION OF FEDERAL EMPLOYEE HEALTH INSURANCE.
(a) In General.--Subpart G of part III of title 5, United States
Code, is amended by inserting after chapter 89 the following:
``CHAPTER 89A--HEALTH INSURANCE FOR NON-FEDERAL EMPLOYEES
``Sec.
``8951. Definitions.
``8952. Health insurance for non-Federal employees.
``8953. Contract requirement.
``8954. Eligibility of non-Federal employees.
``8955. Alternative conditions to Federal employee health benefits
plans.
``Sec. 8951. Definitions
``In this chapter--
``(1) the terms defined under section 8901 shall have the
meanings given such terms under that section; and
``(2) the term `Office' means the Office of Personnel
Management.
``Sec. 8952. Health insurance for non-Federal employees
``(a) The Office of Personnel Management shall administer a health
insurance program for non-Federal employees 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. 8953. Contract requirement
``(a) In each calendar year, the Office shall enter into a contract
with 1 or more carriers to make available 1 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 1 or
more carriers to enter into a contract described in subsection (a), as
a condition of entering into a contract under section 8902.
``Sec. 8954. Eligibility of non-Federal employees
``(a) Except as provided under subsection (b), any individual may
enroll in a health benefits plan under this section.
``(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.
``Sec. 8955. 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 by inserting after
the item relating to chapter 89 the following:
``89A. Health Insurance for Non-Federal Employees........... 8951''.
(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 HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL
EMPLOYEES.
(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. HEALTH INSURANCE COSTS OF CERTAIN NON-FEDERAL EMPLOYEES.
``(a) In General.--In the case of an individual, there shall be
allowed as a credit against the tax imposed by subtitle A 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.--For purposes of subsection (a)--
``(1) In general.--The applicable percentage shall be
determined in accordance with the table under paragraph (2).
``(2) Determination of applicable percentage.--
``In the case of any taxpayer whose The applicable percentage is--
family income is the
following percentage of the
poverty line--
Not more than 100 percent..................... 100 percent
More than 100, but not more than 200 percent.. 65 percent
More than 200, but not more than 300 percent.. 40 percent
More than 300, but not more than 400 percent.. 30 percent
More than 400 percent......................... 0 percent.
``(3) Poverty line.--For purposes of paragraph (2), 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.
``(c) Special Rules.--
``(1) Coordination with advance payments of credit.--With
respect to any taxable year, the amount which would (but for
this subsection) 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
7528 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 7528 (relating to advance payment of credit for
health insurance costs of eligible individuals) 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 7528.''.
(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. 7528. ADVANCE PAYMENT OF CREDIT FOR HEALTH INSURANCE COSTS OF
CERTAIN NON-FEDERAL EMPLOYEES.
``Not later than August 1, 2004, 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 before the period ``, or
from section 36 of such Code''.
(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 last item and inserting the following new items:
``Sec. 36. Health insurance costs of
certain non-Federal employees.
``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. 7528. Advance payment of credit
for health insurance costs of
certain non-Federal
employees.''.
(d) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2004.
SEC. 4. PLAN FOR EXTENSION OF FEDERAL EMPLOYEE HEALTH BENEFITS PROGRAM.
Not later than 6 months after the date of enactment of this Act and
after consultation with appropriate experts, representatives of
affected individuals, and 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.
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