A bill to amend chapter 89 of title 5, United States Code, to end health insurance portability for Members of Congress and eliminate continued coverage for departing Members of Congress until health insurance portability for other United States citizens is enacted into law, and for other purposes.

SECTION 1. LIMITATIONS OF HEALTH CARE COVERAGE FOR MEMBERS OF CONGRESS.

    (a) Findings.--The Congress finds that--
            (1) an estimated 81,000,000 United States citizens suffer 
        from some type of preexisting medical condition that could make 
        it difficult to obtain health coverage, especially for that 
        condition;
            (2) millions of citizens are at risk of being subjected to 
        preexisting condition exclusions under current law because they 
        change jobs, lose jobs, or work for employers who change 
        insurance policies;
            (3) Members of Congress may--
                    (A) choose to receive a health plan through the 
                Federal Employees Health Benefits Program; and
                    (B) enroll in a plan without facing restrictions 
                because of health status or preexisting medical 
                conditions;
            (4) health care coverage for Members of Congress under such 
        program--
                    (A) is portable because Members can change plans 
                without worry of preexisting condition exclusions or 
                waiting periods; and
                    (B) cannot be canceled and is required to be 
                renewed;
            (5) Members of Congress are often eligible to continue to 
        receive health care through the Federal Employees Health 
        Benefits Program after they leave Congress; and
            (6) Congress should pass legislation to ensure health 
        insurance portability for United States citizens.
    (b) Ending Health Insurance Portability and Other Protections for 
Members of Congress.--
            (1) In general.--Section 8902 of title 5, United States 
        Code, is amended by adding at the end the following new 
        subsection:
    ``(o)(1) Notwithstanding subsection (f) or (h), or any other 
provision of this chapter, a contract for a plan under this chapter 
shall provide that a carrier may--
            ``(A) include in a plan offered to an individual described 
        under paragraph (2) preexisting condition exclusions and impose 
        a limitation or exclusion of benefits relating to treatment of 
        a preexisting condition based on the fact that the condition 
        existed prior to enrollment;
            ``(B) exclude from enrollment an individual described under 
        paragraph (2) due to health status or preexisting condition; or
            ``(C) refuse to renew the health plan of an individual 
        described under paragraph (2) due to health status or 
        preexisting condition.
    ``(2) Paragraph (1) shall apply with respect to the health status 
or preexisting condition of a member of family of an individual 
described under paragraph (3).
    ``(3) An individual referred to under paragraphs (1) and (2) is--
            ``(A) a Member of Congress; or
            ``(B) an annuitant who on the date immediately preceding 
        the date of retirement described under section 8901(3)(A) was a 
        Member of Congress.
    ``(4) This subsection shall cease to be effective on and after the 
date on which the Director of the Office of Personnel Management has 
received certification from the Secretary of Labor that a statute has 
been enacted into law that--
            ``(A) makes health coverage for United States citizens 
        portable by limiting exclusions for preexisting conditions;
            ``(B) guarantees availability of health insurance to United 
        States citizens; and
            ``(C) guarantees renewability of health coverage to 
        employers and individuals as long as premiums are paid.''.
            (2) Effective date.--This subsection shall take effect 30 
        days after the date of the enactment of this section.
    (c) Elimination of Coverage for Departing Members of Congress.--
Section 8905 of title 5, United States Code, is amended--
            (1) in subsection (b) by striking ``An annuitant'' and 
        inserting ``Subject to subsection (g), an annuitant''; and
            (2) by adding at the end the following new subsection:
    ``(g)(1) This section shall not apply to any annuitant who--
            ``(A) on the date immediately preceding the date of 
        retirement described under section 8901(3)(A) was a Member of 
        Congress; and
            ``(B) becomes an annuitant on or after the date which 
        occurs 30 days after the date of the enactment of this 
        subsection.
    ``(2) This subsection shall cease to be effective on and after the 
date on which the Director of the Office of Personnel Management has 
received certification from the Secretary of Labor that a statute has 
been enacted into law that--
            ``(A) makes health coverage for United States citizens 
        portable by limiting exclusions for preexisting conditions;
            ``(B) guarantees availability of health insurance to United 
        States citizens; and
            ``(C) guarantees renewability of health coverage to 
        employers and individuals as long as premiums are paid.''.

Summary: Amends Federal law to require that a contract for a health insurance plan offered to a Member of Congress or a former Member of Congress shall provide that a carrier may: (1) include preexisting condition exclusions and impose a limitation or exclusion of benefits relating to treatment based on the fact that the condition existed prior to enrollment. (2) exclude an individual from enrollment due to health status or preexisting condition. Or (3) refuse to renew the health plan of an individual due to health status or preexisting condition. Eliminates coverage for departing Members of Congress. Repeals all of the above on and after the date on which a statute has been enacted that: (1) makes health coverage for US citizens portable by limiting exclusions for preexisting conditions, (2) guarantees availability of health insurance to US citizens. And (3) guarantees renewability of health insurance coverage to employers and individuals.