II 

Calendar No. 225 

113TH CONGRESS 

1ST SESSION S. 1592 

To provide for a delay of the individual mandate under the Patient Protection 

and Affordable Care Act until the American Health Benefit Exchanges 

are functioning properly. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 28, 2013 

Mr. RUBIO (for himself, Mr. HATCH, Mr. INHOFE, Mr. MORAN, Mr. WICKER, 

Mr. BOOZMAN, Mr. JOHANNS, Mr. COCHRAN, Mr. ROBERTS, Mr. SESSIONS, and Mr. THUNE) introduced the following bill; which was read the 

first time 

OCTOBER 29, 2013 

Read the second time and placed on the calendar 

A BILL 

To provide for a delay of the individual mandate under 

the Patient Protection and Affordable Care Act until 

the American Health Benefit Exchanges are functioning 

properly. 

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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•S 1592 PCS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Delay Until Fully 

3 Functional Act of 2013’’. 

4 SEC. 2. DELAY IN THE INDIVIDUAL MANDATE AND EXEMP5 TION FROM PENALTY. 

6 (a) DELAY IN APPLICABILITY.—Section 1501(d) of 

7 the Patient Protection and Affordable Care Act (42 

8 U.S.C. 18091(d)) is amended to read as follows: 

9 ‘‘(d) EFFECTIVE DATE.— 

10 ‘‘(1) IN GENERAL.—The amendments made by 

11 this section shall apply to taxable years beginning 6 

12 months after the date on which the Inspector Gen13 eral for the Department of Health and Human Serv14 ices submits to Congress the certification described 

15 in paragraph (3). 

16 ‘‘(2) GAO STUDY AND REPORT.— 

17 ‘‘(A) IN GENERAL.—Not later than 30 

18 days after the date of enactment of the Delay 

19 Until Fully Functional Act of 2013, the Comp20 troller General of the United States shall con21 duct a study to determine whether the Amer22 ican Health Benefit Exchanges, including the 

23 Exchange administered by the Federal Govern24 ment, and all other point of enrollment options 

25 (including telephone and postal options), are 

26 fully functional and operating in a manner conVerDate Mar 15 2010 21:46 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1592.PCS S1592

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1 sistent with the role envisioned for Exchanges 

2 under this Act, and submit to the appropriate 

3 committees of Congress a report concerning the 

4 results of such study. 

5 ‘‘(B) SUBSEQUENT STUDIES AND RE6 PORTS.—If, based on the results of the study 

7 conducted under subparagraph (A), the Comp8 troller General determines that the Exchanges 

9 are not fully functional and operating in a man10 ner consistent with the role envisioned for Ex11 changes under this Act, the Comptroller Gen12 eral shall conduct one or more subsequent stud13 ies every 60 days (and submit reports based on 

14 the results of such studies) until the Comp15 troller General determines that the Exchanges 

16 are fully functional and operating in such man17 ner. 

18 ‘‘(3) CERTIFICATION.—Upon the submission of 

19 a report under paragraph (2) that determines that 

20 the American Health Benefit Exchanges are fully 

21 functional and operating in a manner consistent 

22 with the role envisioned for Exchanges under this 

23 Act, the Inspector General for the Department of 

24 Health and Human Services shall submit to ConVerDate Mar 15 2010 21:46 Oct 29, 2013 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1592.PCS S1592

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1 gress a certification (in writing) of the results of 

2 such report. 

3 ‘‘(4) ADJUSTMENT OF DATES.—In applying sec4 tion 5000A of the Internal Revenue Code of 1986, 

5 the Secretary of the Treasury shall adjust the dates 

6 in such section accordingly based on the application 

7 of this subsection.’’. 

8 (b) EXEMPTION FROM PENALTY.—Section 5000A of 

9 the Internal Revenue Code of 1986 is amended by adding 

10 at the end the following: 

11 ‘‘(h) EXEMPTION.—The provisions of this section 

12 shall not apply to an individual who is unable to enroll 

13 in a qualified health plan because of the technical or cus14 tomer service issues of an American Health Benefit Ex15 change, as determined by the Secretary.’’. 


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tkelley on DSK3SPTVN1PROD with BILLS
Calendar No. 225 

113TH CONGRESS 

1ST SESSION S. 1592 

A BILL 

To provide for a delay of the individual mandate 

changes are functioning properly. Care Act until the American Health Benefit Exunder the Patient Protection and Affordable 

OCTOBER 29, 2013 

Read the second time and placed on the calendar 


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