I 

116TH CONGRESS 

1ST SESSION H. R. 90 

To amend the Internal Revenue Code of 1986 to provide an exemption 

to the individual mandate to maintain health coverage for individuals 

residing in counties with fewer than 2 health insurance issuers offering 

plans on an Exchange; to require Members of Congress and congressional 

staff to abide by the Patient Protection and Affordable Care Act with 

respect to health insurance coverage; and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2019 

Mr. BIGGS introduced the following bill; which was referred to the Committee 

on Ways and Means, and in addition to the Committees on Energy and 

Commerce, House Administration, and Oversight and Reform, 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 Internal Revenue Code of 1986 to provide 

an exemption to the individual mandate to maintain 

health coverage for individuals residing in counties with 

fewer than 2 health insurance issuers offering plans on 

an Exchange; to require Members of Congress and congressional staff to abide by the Patient Protection and 

Affordable Care Act with respect to health insurance 

coverage; 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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•HR 90 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Protection from 

3 Obamacare Mandates and Congressional Equity Act’’. 

4 SEC. 2. MODIFICATIONS TO EXEMPTION FROM REQUIRE5 MENT TO MAINTAIN HEALTH COVERAGE. 

6 (a) EXEMPTION FOR INDIVIDUALS IN AREAS WITH

7 FEWER THAN 2 ISSUERS OFFERING PLANS ON AN EX8 CHANGE.—Section 5000A(e) of the Internal Revenue Code 

9 of 1986 is amended by adding at the end the following 

10 new paragraph: 

11 ‘‘(6) INDIVIDUALS IN AREAS WITH FEWER

12 THAN 2 ISSUERS OFFERING PLANS ON AN EX13 CHANGE.— 

14 ‘‘(A) IN GENERAL.—Any applicable indi15 vidual for any period during a calendar year if 

16 there are fewer than 2 health insurance issuers 

17 offering qualified health plans on an Exchange 

18 for such period in the county in which the ap19 plicable individual resides. 

20 ‘‘(B) AGGREGATION RULES.—For purposes 

21 of subparagraph (A), all health insurance 

22 issuers treated as a single employer under sub23 section (a) or (b) of section 52, or subsection 

24 (m) or (o) of section 414, shall be treated as a 

25 single health insurance issuer.’’. 


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•HR 90 IH

1 (b) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply to months beginning after the date 

3 of the enactment of this Act. 

4 SEC. 3. HEALTH INSURANCE COVERAGE FOR CERTAIN 

5 CONGRESSIONAL STAFF AND MEMBERS OF 

6 THE EXECUTIVE BRANCH. 

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

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

9 amended— 

10 (1) by striking the subparagraph heading and 

11 inserting the following: 

12 ‘‘(D) MEMBERS OF CONGRESS, CONGRES13 SIONAL STAFF, AND POLITICAL APPOINTEES IN

14 THE EXCHANGE.—’’; 

15 (2) in clause (i), in the matter preceding sub16 clause (I)— 

17 (A) by striking ‘‘and congressional staff 

18 with’’ and inserting ‘‘, congressional staff, the 

19 President, the Vice President, and political ap20 pointees with’’; and 

21 (B) by striking ‘‘or congressional staff 

22 shall’’ and inserting ‘‘, congressional staff, the 

23 President, the Vice President, or a political ap24 pointee shall’’; 

25 (3) in clause (ii)— 


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•HR 90 IH

1 (A) in subclause (II), by inserting after 

2 ‘‘Congress,’’ the following: ‘‘of a committee of 

3 Congress, or of a leadership office of Con4 gress,’’; and 

5 (B) by adding at the end the following: 

6 ‘‘(III) POLITICAL APPOINTEE.— 

7 The term ‘political appointee’ means 

8 any individual who— 

9 ‘‘(aa) is employed in a posi10 tion described under sections 

11 5312 through 5316 of title 5, 

12 United States Code (relating to 

13 the Executive Schedule); 

14 ‘‘(bb) is a limited term ap15 pointee, limited emergency ap16 pointee, or noncareer appointee 

17 in the Senior Executive Service, 

18 as defined under paragraphs (5), 

19 (6), and (7), respectively, of sec20 tion 3132(a) of title 5, United 

21 States Code; or 

22 ‘‘(cc) is employed in a posi23 tion in the executive branch of 

24 the Government of a confidential 

25 or policy-determining character 


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•HR 90 IH

1 under schedule C of subpart C of 

2 part 213 of title 5 of the Code of 

3 Federal Regulations.’’; and 

4 (4) by adding at the end the following: 

5 ‘‘(iii) GOVERNMENT CONTRIBUTION.— 

6 No Government contribution under section 

7 8906 of title 5, United States Code, shall 

8 be provided on behalf of an individual who 

9 is a Member of Congress, a congressional 

10 staff member, the President, the Vice 

11 President, or a political appointee for cov12 erage under this paragraph. 

13 ‘‘(iv) LIMITATION ON AMOUNT OF TAX

14 CREDIT OR COST SHARING.—An individual 

15 enrolling in health insurance coverage pur16 suant to this paragraph shall not be eligi17 ble to receive a tax credit under section 

18 36B of the Internal Revenue Code of 1986 

19 or reduced cost sharing under section 1402 

20 of this Act in an amount that exceeds the 

21 total amount for which a similarly situated 

22 individual (who is not so enrolled) would be 

23 entitled to receive under such sections. 

24 ‘‘(v) LIMITATION ON DISCRETION FOR

25 DESIGNATION OF STAFF.—NotwithstandVerDate Sep 11 2014 02:03 Jan 11, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H90.IH H90

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1 ing any other provision of law, a Member 

2 of Congress shall not have discretion in de3 terminations with respect to which employ4 ees employed by the office of such Member 

5 are eligible to enroll for coverage through 

6 an Exchange. 

7 ‘‘(vi) CLARIFICATION.—The terms 

8 ‘small employer’ (as defined under section 

9 1304(b)(2)) and ‘qualified employers’ (as 

10 defined under subsection (f)) do not in11 clude the Congress, with respect to enroll12 ments in an Exchange and a SHOP Ex13 change.’’. 

Æ 


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