I 

113TH CONGRESS 

1ST SESSION H. R. 3359 

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 HOUSE OF REPRESENTATIVES 

OCTOBER 28, 2013 

Mr. RADEL (for himself, Mr. COOK, Mr. GOHMERT, Mr. MCKINLEY, Mr. 

MESSER, Mr. COLLINS of New York, Mr. SIMPSON, Mr. WESTMORELAND, Mr. RODNEY DAVIS of Illinois, Mr. CHABOT, Mr. NEUGEBAUER, 

Mr. DIAZ-BALART, Mr. BISHOP of Utah, Mr. JONES, Mr. ROKITA, Ms. 

ROS-LEHTINEN, and Mr. GARRETT) introduced the following bill; which 

was referred to the Committee on Ways and Means, and in addition to 

the Committee on 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 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, 

3 SECTION 1. SHORT TITLE. 

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

5 Functional Act of 2013’’. 


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1 SEC. 2. DELAY IN THE INDIVIDUAL MANDATE AND EXEMP2 TION FROM PENALTY. 

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

4 the Patient Protection and Affordable Care Act (42 

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

6 ‘‘(d) EFFECTIVE DATE.— 

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

8 this section shall apply to taxable years beginning 6 

9 months after the date on which the Inspector Gen10 eral of the Department of Health and Human Serv11 ices submits to Congress the certification described 

12 in paragraph (3). 

13 ‘‘(2) GAO STUDY AND REPORT.— 

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

15 days after the date of enactment of the Delay 

16 Until Fully Functional Act of 2013, the Comp17 troller General of the United States shall con18 duct a study to determine whether the Amer19 ican Health Benefit Exchanges, including the 

20 Exchange administered by the Federal Govern21 ment, and all other point of enrollment options 

22 (including telephone and postal options), are 

23 fully functional and operating in a manner con24 sistent with the role envisioned for Exchanges 

25 under this Act, and submit to the appropriate 


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1 committees of Congress a report concerning the 

2 results of such study. 

3 ‘‘(B) SUBSEQUENT STUDIES AND RE4 PORTS.—If, based on the results of the study 

5 conducted under subparagraph (A), the Comp6 troller General determines that the Exchanges 

7 are not fully functional and operating in a man8 ner consistent with the role envisioned for Ex9 changes under this Act, the Comptroller Gen10 eral shall conduct one or more subsequent stud11 ies every 60 days (and submit reports based on 

12 the results of such studies) until the Comp13 troller General determines that the Exchanges 

14 are fully functional and operating in such man15 ner. 

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

17 a report under paragraph (2) that determines that 

18 the American Health Benefit Exchanges are fully 

19 functional and operating in a manner consistent 

20 with the role envisioned for Exchanges under this 

21 Act, the Inspector General for the Department of 

22 Health and Human Services shall submit to Con23 gress a certification (in writing) of the results of 

24 such report. 


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1 ‘‘(4) ADJUSTMENT OF DATES.—In applying sec2 tion 5000A of the Internal Revenue Code of 1986, 

3 the Secretary of the Treasury shall adjust the dates 

4 in such section accordingly based on the application 

5 of this subsection.’’. 

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

7 the Internal Revenue Code of 1986 is amended by adding 

8 at the end the following: 

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

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

11 in a qualified health plan because of the technical or cus12 tomer service issues of an American Health Benefit Ex13 change, as determined by the Secretary.’’. 

Æ 


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