I 

112TH CONGRESS 

1ST SESSION H. R. 360 

To amend the Patient Protection and Affordable Care Act to provide for 

participation in the Exchange of the President, Vice President, Members 

of Congress, political appointees, and congressional staff. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 20, 2011 

Mr. BURGESS (for himself, Mr. PAUL, Mr. ROE of Tennessee, Mr. 

NEUGEBAUER, Mr. BROUN of Georgia, Mr. MCCAUL, Mr. JONES, Mr. 

LATOURETTE, Mr. HELLER, Mrs. BLACKBURN, Mr. PLATTS, Mr. MICA, 

Mr. BONNER, Mr. MARCHANT, Mr. ROGERS of Michigan, Mr. YOUNG of 

Alaska, Mr. WITTMAN, Mr. MURPHY of Pennsylvania, Mrs. MYRICK, Mr. 

WALDEN, Mr. CRAWFORD, Mr. CALVERT, Mr. OLSON, Mrs. MCMORRIS

RODGERS, Mr. KLINE, Mr. POSEY, and Mr. NUNNELEE) introduced the 

following bill; which was referred to the Committee on Oversight and 

Government Reform, and in addition to the Committees on House Administration 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 concerned 

A BILL 

To amend the Patient Protection and Affordable Care Act 

to provide for participation in the Exchange of the President, Vice President, Members of Congress, political appointees, and congressional staff. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. PARTICIPATION OF PRESIDENT, VICE PRESI2 DENT, MEMBERS OF CONGRESS, POLITICAL 

3 APPOINTEES, AND CONGRESSIONAL STAFF IN 

4 THE EXCHANGE. 

5 (a) IN GENERAL.—Section 1312(d)(3)(D) of the Pa6 tient Protection and Affordable Care Act (42 U.S.C. 

7 18032(d)(3)(D)) is amended to read as follows: 

8 ‘‘(D) PRESIDENT, VICE PRESIDENT, POLIT9 ICAL APPOINTEES, MEMBERS OF CONGRESS, 

10 AND CONGRESSIONAL STAFF IN THE EX11 CHANGE.— 

12 ‘‘(i) IN GENERAL.—Notwithstanding 

13 chapter 89 of title 5, United States Code, 

14 or any provision of this title— 

15 ‘‘(I) the President, the Vice 

16 President, each political appointee, 

17 each Member of Congress, and each 

18 Congressional employee shall be treat19 ed as a qualified individual entitled to 

20 the right under this paragraph to en21 roll in a qualified health plan in the 

22 individual market offered through an 

23 Exchange in the State in which the 

24 individual resides; and 

25 ‘‘(II) any employer contribution 

26 under such chapter on behalf of the 


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1 President, the Vice President, any po2 litical appointee, any Member of Con3 gress, and any Congressional em4 ployee may be paid only to the issuer 

5 of a qualified health plan in which the 

6 individual enrolled through such Ex7 change and not to the issuer of a plan 

8 offered through the Federal employees 

9 health benefit program under such 

10 chapter. 

11 ‘‘(ii) PAYMENTS BY FEDERAL GOV12 ERNMENT.—The Secretary, in consultation 

13 with the Director of the Office of Per14 sonnel Management, shall establish proce15 dures under which— 

16 ‘‘(I) the employer contributions 

17 under such chapter on behalf of the 

18 President, the Vice President, each 

19 political appointee, each Member of 

20 Congress, and each Congressional em21 ployee are determined and actuarially 

22 adjusted for individual or family cov23 erage, rating areas, and age (in ac24 cordance with clauses (i) through (iii) 


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1 of section 2701(a)(1)(A) of the Public 

2 Health Service Act); and 

3 ‘‘(II) the employer contributions 

4 may be made directly to an Exchange 

5 for payment to an issuer. 

6 ‘‘(iii) POLITICAL APPOINTEE.—In this 

7 subparagraph, the term ‘political ap8 pointee’ means any individual who— 

9 ‘‘(I) is employed in a position de10 scribed under sections 5312 through 

11 5316 of title 5, United States Code, 

12 (relating to the Executive Schedule); 

13 ‘‘(II) is a limited term appointee, 

14 limited emergency appointee, or non15 career appointee in the Senior Execu16 tive Service, as defined under para17 graphs (5), (6), and (7), respectively, 

18 of section 3132(a) of title 5, United 

19 States Code; or 

20 ‘‘(III) is employed in a position 

21 in the executive branch of the Govern22 ment of a confidential or policy-deter23 mining character under schedule C of 

24 subpart C of part 213 of title 5 of the 

25 Code of Federal Regulations. 


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1 ‘‘(iv) CONGRESSIONAL EMPLOYEE.— 

2 In this subparagraph, the term ‘Congres3 sional employee’ means an employee whose 

4 pay is disbursed by the Secretary of the 

5 Senate or the Chief Administrative Officer 

6 of the House of Representatives.’’. 

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

8 this section shall take effect as if included in the Patient 

9 Protection and Affordable Care Act. 

Æ 


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