I 

113TH CONGRESS 

1ST SESSION H. R. 3170 

To provide that the only health plans that the Federal Government may 

make available to Federal employees responsible for the administration 

of the Patient Protection and Affordable Care Act are those created 

under such Act or offered through a health insurance exchange, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 23, 2013 

Mr. POSEY (for himself, Mr. ROONEY, and Mr. MILLER of Florida) introduced 

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

Government Reform, and in addition to the Committees on Energy and 

Commerce, House Administration, and Appropriations, 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 provide that the only health plans that the Federal Government may make available to Federal employees responsible for the administration of the Patient Protection 

and Affordable Care Act are those created under such 

Act or offered through a health insurance exchange, and 

for other purposes. 

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. SHORT TITLE. 

2 This Act may be cited as the ‘‘Health Care Regulator 

3 Accountability Act’’. 

4 SEC. 2. HEALTH PLANS CREATED UNDER PPACA OR OF5 FERED THROUGH EXCHANGES TO BE ONLY 

6 HEALTH PLANS FEDERAL GOVERNMENT MAY 

7 MAKE AVAILABLE TO FEDERAL EMPLOYEES 

8 RESPONSIBLE FOR ADMINISTRATION OF 

9 PPACA. 

10 Section 1312(d)(3)(D) of the Patient Protection and 

11 Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is 

12 amended— 

13 (1) in the subparagraph heading, by striking 

14 ‘‘MEMBERS OF CONGRESS’’ and inserting ‘‘MEM15 BERS OF CONGRESS AND CERTAIN FEDERAL EM16 PLOYEES’’; 

17 (2) in clause (i), in the matter preceding sub18 clause (I)— 

19 (A) by striking ‘‘after the effective date of 

20 this subtitle,’’ and inserting ‘‘after December 

21 31, 2013,’’; 

22 (B) by striking ‘‘Members of Congress and 

23 congressional staff’’ and inserting ‘‘Members of 

24 Congress, congressional staff, and Federal em25 ployees responsible for the administration of 

26 this Act’’; and 


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1 (C) by striking ‘‘a Member of Congress or 

2 congressional staff’’ and inserting ‘‘a Member 

3 of Congress, congressional staff, or Federal em4 ployee responsible for the administration of this 

5 Act’’; and 

6 (3) in clause (ii), by adding at the end the fol7 lowing: 

8 ‘‘(III) FEDERAL EMPLOYEE RE9 SPONSIBLE FOR THE ADMINISTRATION

10 OF THIS ACT.—The term ‘Federal em11 ployee responsible for the administra12 tion of this Act’, as used with respect 

13 to a year, means a Federal em14 ployee— 

15 ‘‘(aa) who holds a position 

16 in the Department of Health and 

17 Human Services, the Internal 

18 Revenue Service, or any other 

19 Executive agency (as defined by 

20 section 105 of title 5, United 

21 States Code) during such year; 

22 and 

23 ‘‘(bb) the duties and respon24 sibilities of whose position (as deVerDate Mar 15 2010 18:09 Sep 26, 2013 Jkt 029200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3170.IH H3170

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1 scribed in item (aa)) during such 

2 year— 

3 ‘‘(AA) involves the pro4 mulgation of rules or regula5 tions to carry out this Act 

6 (or amendments made by 

7 this Act); 

8 ‘‘(BB) involves the en9 forcement of this Act (or 

10 amendments made by this 

11 Act); or 

12 ‘‘(CC) otherwise in13 volves the administration of 

14 this Act (or amendments 

15 made by this Act), 

16 as determined under regulations 

17 promulgated by the head of the 

18 employing agency. 

19 ‘‘(IV) FEDERAL EMPLOYEE.— 

20 The term ‘Federal employee’ means 

21 an ‘employee’, as defined in section 

22 2105 of title 5, United States Code, 

23 and includes an individual to whom 

24 subsection (c) or (f) of such section 

25 2105 pertains (whether or not such 


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1 individual otherwise satisfies such sec2 tion).’’. 

3 SEC. 3. ENFORCEMENT. 

4 (a) IN GENERAL.—The Secretary of Health and 

5 Human Services, the Director of the Internal Revenue 

6 Service, and the head of any other agency involved in pro7 mulgating rules or regulations to carry out or to enforce 

8 the Patient Protection and Affordable Care Act or any 

9 amendments made by such Act (as described in the 

10 amendment made by section 2(3)) may not, in any fiscal 

11 year, obligate or expend more than 90 percent of the funds 

12 made available for the salaries and expenses of the office 

13 of the Secretary, Director, or head (as the case may be) 

14 for such fiscal year unless such regulations are promul15 gated and take effect before the close of such fiscal year. 

16 (b) RESCISSION.—Any amounts which (by virtue of 

17 subsection (a)) remain precluded from obligation or ex18 penditure on the last day of any fiscal year shall be re19 scinded on the close of such last day. 

20 (c) LIMITATION.—Nothing in this section shall be 

21 considered to affect any funds or other amounts to the 

22 extent that such amounts would (disregarding this sec23 tion) otherwise be available for purposes apart from sala24 ries or other administrative expenses of the office involved. 

Æ 


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