I 

113TH CONGRESS 

1ST SESSION H. R. 3425 

To amend the Patient Protection and Affordable Care Act to delay the 

individual health insurance mandate and any penalties for violating the 

individual mandate until after there is a certification that the 

healthcare.gov website is fully operational, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 30, 2013 

Mr. LIPINSKI (for himself, Ms. SINEMA, Mr. PETERS of California, Mr. 

GALLEGO, Mr. BARBER, Mr. MURPHY of Florida, Mr. BARROW of Georgia, Mr. VELA, and Mr. GARCIA) 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 amend the Patient Protection and Affordable Care Act 

to delay the individual health insurance mandate and 

any penalties for violating the individual mandate until 

after there is a certification that the healthcare.gov 

website is fully operational, 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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Health Care Access 

5 Fairness and Penalty Delay Act of 2013’’. 


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1 SEC. 2. DELAY IN APPLYING INDIVIDUAL HEALTH INSUR2 ANCE MANDATE AND PENALTY FOR VIO3 LATING THE MANDATE BEFORE 

4 HEALTHCARE.GOV IS CERTIFIED AS BEING 

5 FULLY OPERATIONAL. 

6 Section 5000A of the Internal Revenue Code of 1986 

7 is amended by adding at the end the following: 

8 ‘‘(h) DELAY IN APPLICATION.— 

9 ‘‘(1) IN GENERAL.—The provisions of this sec10 tion shall not apply to an individual for any month 

11 that begins earlier than 30 days after the end of the 

12 extension of enrollment period provided under para13 graph (4). In applying the previous provisions of this 

14 section, the Secretary of the Treasury shall adjust 

15 the dates in this section accordingly based on the 

16 application of this subsection. 

17 ‘‘(2) GAO REPORT ON PROGRESS ON MAKING

18 THE WEBSITE FULLY OPERATIONAL.—Beginning not 

19 later than 30 days after the date of the enactment 

20 of the Health Care Access Fairness and Penalty 

21 Delay Act of 2013 and monthly thereafter (until 

22 such time as the Inspector General submits the cer23 tification under paragraph (3)), the Comptroller 

24 General of the United States shall submit to Con25 gress and to the Inspector General for the Depart26 ment of Health and Human Services monthly reVerDate Mar 15 2010 00:40 Nov 07, 2013 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3425.IH H3425

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1 ports on the progress of the healthcare.gov website 

2 in becoming fully operational (as defined in para3 graph (5)). 

4 ‘‘(3) INSPECTOR GENERAL OF HEALTH AND

5 HUMAN SERVICES CERTIFICATION.—Taking into ac6 count the reports submitted under paragraph (2), 

7 the Inspector General of the Department of Health 

8 and Human Services shall make a determination on 

9 whether or not the healthcare.gov website is fully 

10 operational and, if so, shall submit to Congress (and 

11 post on an appropriate public website) a certification 

12 that the healthcare.gov website is fully operational. 

13 ‘‘(4) EXTENSION OF INITIAL ENROLLMENT PE14 RIOD.—The Secretary of Health and Human Serv15 ices shall take such steps as are necessary to extend 

16 the initial enrollment period for individuals in quali17 fied health plans offered through Exchanges under 

18 the Patient Protection and Affordable Care Act so 

19 that such period does not end earlier than 90 days 

20 after the date of the submittal to Congress of the 

21 certification under paragraph (3). 

22 ‘‘(5) FULLY OPERATIONAL DEFINED.—In this 

23 subsection, the term ‘fully operational’ means, with 

24 respect to the healthcare.gov website, that the 

25 website is fully functional and operating in a manner 


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1 consistent with the role envisioned for Exchanges 

2 under the Patient Protection and Affordable Care 

3 Act (and the amendments made by such Act).’’. 

Æ 


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