I 

114TH CONGRESS 

1ST SESSION H. R. 2400 

To establish the Office of the Special Inspector General for Monitoring the 

Affordable Care Act, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 18, 2015 

Mr. ROSKAM (for himself, Mr. COLE, Mr. FLORES, Mr. HOLDING, Mr. JORDAN, Mr. KELLY of Pennsylvania, Mr. MARCHANT, Mr. MARINO, Mr. 

MEEHAN, Mr. MURPHY of Pennsylvania, Mrs. NOEM, Mr. ROE of Tennessee, Mr. RENACCI, and Mr. SMITH of Missouri) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Natural Resources, Education and the Workforce, Ways and Means, Oversight and Government 

Reform, House Administration, the Judiciary, Rules, 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 establish the Office of the Special Inspector General 

for Monitoring the Affordable Care Act, 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 ‘‘Special Inspector Gen3 eral for Monitoring the ACA Act of 2015’’ or the ‘‘SIGMA 

4 Act of 2015’’. 

5 SEC. 2. FINDINGS. 

6 The Congress finds the following: 

7 (1) The writing, passage, and implementation 

8 of the Affordable Care Act has utterly lacked trans9 parency. 

10 (2) Presidential candidate Barack Obama re11 peatedly promised that if elected President, he would 

12 hold open, public negotiations on health care reform 

13 among public and private stakeholders, including at 

14 a Democratic Presidential debate on January 31, 

15 2008, when he said, ‘‘That’s what I will do in bring16 ing all parties together, not negotiating behind 

17 closed doors, but bringing all parties together, and 

18 broadcasting those negotiations on C–SPAN so that 

19 the American people can see what the choices are, 

20 because part of what we have to do is enlist the 

21 American people in this process.’’. 

22 (3) Then-Senator Obama repeated this promise 

23 multiple times, including at an Ohio town hall on 

24 March 1, 2008, when he said, ‘‘But here’s the thing: 

25 we’re gonna do all these negotiations on C–SPAN. 


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1 So the American people will be able to watch these 

2 negotiations.’’. 

3 (4) Then-Senator Obama also repeated this 

4 promise at a Virginia town hall on August 21, 2008, 

5 when he said, ‘‘I’m going to have all the negotiations 

6 around a big table. We’ll have doctors and nurses 

7 and hospital administrators. Insurance companies, 

8 drug companies—they’ll get a seat at the table . . . 

9 But what we will do is, we’ll have the negotiations 

10 televised on C–SPAN, so that people can see who is 

11 making arguments on behalf of their constituents, 

12 and who are making arguments on behalf of the 

13 drug companies or the insurance companies. And so, 

14 that approach, I think is what is going to allow peo15 ple to stay involved in this process.’’. 

16 (5) In a September 26, 2011, interview, Brian 

17 Lamb, the CEO of C–SPAN confirmed the negotia18 tions of the health reform law had not been broad19 cast publicly, noting, ‘‘The President said that they 

20 were all going to be on C–SPAN. He never asked 

21 us.’’. 

22 (6) President Obama, in leading the national 

23 health reform debate, broke his promise, admitting 

24 in a January 25, 2010, interview with ABC News 

25 that locking the public out of key health reform disVerDate Sep 11 2014 03:21 May 23, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2400.IH H2400

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1 cussions was a ‘‘mistake’’ and explaining, ‘‘We had 

2 to make so many decisions quickly in a very difficult 

3 set of circumstances that after awhile, we started 

4 worrying more about getting the policy right than 

5 getting the process right. But I had campaigned on 

6 process—part of what I had campaigned on was 

7 changing how Washington works, opening up, trans8 parency and I think it is—I think the health care 

9 debate as it unfolded legitimately raised concerns 

10 not just among my opponents, but also amongst 

11 supporters that we just don’t know what’s going on. 

12 And it’s an ugly process and it looks like there are 

13 a bunch of backroom deals.’’. 

14 (7) On March 9, 2010, then-Speaker of the 

15 House Nancy Pelosi said of what would become the 

16 Affordable Care Act, ‘‘We have to pass the bill so 

17 that you can find out what is in it.’’. 

18 (8) Dr. Jonathan Gruber, a professor of eco19 nomics at the Massachusetts Institute of Tech20 nology, was awarded a contract by the Department 

21 of Health and Human Services to provide ‘‘technical 

22 assistance in evaluating options for national 

23 healthcare reform’’ due to his ‘‘proprietary statis24 tically sophisticated micro-simulation model’’ which 


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1 could assess the impact of changes in Federal health 

2 care policies. 

3 (9) Dr. Gruber described himself as a health re4 form architect who contributed to the crafting of the 

5 Affordable Care Act in a 2012 opinion editorial, not6 ing, ‘‘Several of the architects of Massachusetts re7 form, including myself, worked closely with the Ad8 ministration and Congress to translate the lessons 

9 from Massachusetts onto the national stage.’’. 

10 (10) Dr. Gruber’s MIT biography has described 

11 him as ‘‘a key architect’’ of the Massachusetts 

12 health reform effort and a 2009 and 2010 ‘‘technical 

13 consultant’’ who ‘‘worked with both the Administra14 tion and Congress to help craft the Patient Protec15 tion and Affordable Care Act.’’. 

16 (11) An October 11, 2011, report by NBC 

17 News described White House visitor logs that show 

18 Dr. Gruber had at least five meetings at the White 

19 House in 2009 in the lead up to the passage of the 

20 Affordable Care Act, including a meeting in the Oval 

21 Office with President Obama to evaluate options for 

22 national health reform. 

23 (12) In a video posted April 12, 2012, by the 

24 Obama presidential campaign to YouTube, Dr. 

25 Gruber states that he went ‘‘down to Washington to 


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1 help President Obama develop his national version of 

2 that law.’’. 

3 (13) A March 28, 2012, article in the New 

4 York Times reports that ‘‘After Mr. Gruber helped 

5 the administration put together the basic principles 

6 of the proposal, the White House lent him to Capitol 

7 Hill to help congressional staff members draft the 

8 specifics of the legislation.’’. 

9 (14) In a January 18, 2012, lecture on the 

10 structure of the Affordable Care Act, Dr. Gruber re11 fers to the law’s small business tax credits as a por12 tion of the bill that he ‘‘actually wrote.’’. 

13 (15) Dr. Gruber’s initial contract with the De14 partment of Health and Human Services (HHS) 

15 was for $297,000, and later a Federal grant of 

16 $95,000 brought his total Federal compensation for 

17 work on the Affordable Care Act to at least 

18 $392,000. 

19 (16) In 2009, the White House annual report 

20 to Congress on Presidential staff salaries lists that 

21 twenty-two White House staffers made the highest 

22 Presidential staff salary rate of $172,200, including 

23 the White House Chief of Staff, senior advisers, 

24 White House Counsel, and National Security Ad25 viser. 


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1 (17) In 2010, the White House annual report 

2 to Congress on Presidential staff salaries lists that 

3 twenty-three White House staffers made the highest 

4 Presidential staff salary rate of $172,200, again in5 cluding the President’s top management, policy, 

6 communications, and security advisers. 

7 (18) In 2009 and 2010, each of President 

8 Obama’s most senior White House staff received less 

9 compensation than Dr. Gruber. 

10 (19) In a November 5, 2012, speech at the Uni11 versity of Rhode Island, Dr. Gruber described the 

12 mechanism of the Affordable Care Act, stating, ‘‘It’s 

13 a very clever, you know, basic exploitation of the 

14 lack of economic understanding of the American 

15 voter.’’. 

16 (20) At an October 17, 2013, panel at the Uni17 versity of Pennsylvania, Dr. Gruber described the 

18 Affordable Care Act, stating, ‘‘This bill was written 

19 in a tortured way to make sure CBO did not score 

20 the mandate as taxes. If CBO scored the mandate 

21 as taxes, the bill dies. Okay, so it’s written to do 

22 that.’’. 

23 (21) In the same speech, Dr. Gruber stated 

24 that, ‘‘if you had a law which said that healthy peo25 ple are going to pay in you made explicit healthy 


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1 people pay in and sick people get money, it would 

2 not have passed.’’. 

3 (22) Dr. Gruber went on to claim, ‘‘Lack of 

4 transparency is a huge political advantage. And basi5 cally, call it the stupidity of the American voter or 

6 whatever, but basically that was really, really critical 

7 for the thing to pass.’’. 

8 (23) Since the passage of the Affordable Care 

9 Act, President Obama called for a new, more trans10 parent approach to the health reform law moving 

11 forward, saying in a January 25, 2010, ABC News 

12 interview, ‘‘The process didn’t run the way I ideally 

13 would like it to and that we have to move forward 

14 in a way that recaptures that sense of opening 

15 things up more.’’. 

16 (24) The Obama Administration’s implementa17 tion of the Affordable Care Act has been marked by 

18 Executive overreach. 

19 (25) On at least 28 occasions, President Obama 

20 and his administration have unilaterally delayed, ex21 tended, or changed provisions of the Affordable Care 

22 Act, including in contravention of the law and the 

23 Constitution of the United States. 

24 (26) Section 1513 of the Patient Protection and 

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1 quires applicable large employers with more than 50 

2 full-time employees to provide qualifying health in3 surance to their employees or pay a fine, and the ef4 fective date under such section specified the amend5 ments made by such section applied to months be6 ginning after December 31, 2013. 

7 (27) Contrary to the plain meaning of the stat8 utory requirement, and acting without authority pro9 vided by law, the Internal Revenue Service published 

10 in the Federal Register Notice 2013–45 to change 

11 the effective date of the employer mandate require12 ment, stating, ‘‘Section 1513(d) of the Affordable 

13 Care Act provides that section 4980H applies to 

14 months after December 31, 2013; however Notice 

15 2013–45, issued on July 9, 2013, provides as transi16 tion relief that no assessable payments under section 

17 4980H will apply for 2014.’’. 

18 (28) On July 12, 2013, the Director for the 

19 Center for Consumer Information and Insurance 

20 Oversight at the Centers for Medicare & Medicaid 

21 Services denied the request for exemption from cer22 tain Affordable Care Act requirements made by rep23 resentatives of the United States territories, writing 

24 to the Secretary of Commerce for the Common25 wealth of the Northern Mariana Islands, ‘‘However 


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1 meritorious your request might be, [the Department 

2 of Health and Human Services] is not authorized to 

3 choose which provisions [of the Affordable Care Act] 

4 . . . might apply to the territories.’’. 

5 (29) A year later, on July 16, 2014, the Admin6 istrator of the Centers for Medicare & Medicaid 

7 Services notified representatives of the United States 

8 territories that they would in fact receive an exemp9 tion from requirements under the Affordable Care 

10 Act, despite the previous explanation from CMS that 

11 CMS does not have the legal authority to provide 

12 such an exemption. As the CMS Administrator now 

13 rationalized, ‘‘Currently, the Department uses the 

14 existing Public Health Service Act (PHS Act) defini15 tion of ‘State’ for new PHS Act requirements and 

16 funding opportunities included in title I of the Af17 fordable Care Act. Under this definition, the new 

18 market reforms in the PHS Act apply to the terri19 tories. We have been informed by representatives of 

20 the territories that this interpretation is under21 mining the stability of the territories’ health insur22 ance markets. After a careful review of this situation 

23 and the relevant statutory language, HHS has deter24 mined that the new provisions of the PHS Act en25 acted in title I are appropriately governed by the 


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1 definition of ‘State’ set forth in that title, and there2 fore that these new provisions do not apply to the 

3 territories.’’. 

4 (30) The Obama Administration has claimed 

5 that the Affordable Care Act will save money and 

6 improve the economy, with WhiteHouse.gov stating, 

7 ‘‘In keeping with the President’s pledge that reform 

8 must fix our health care system without adding to 

9 the deficit, the Affordable Care Act reduces the def10 icit, saving over $200 billion over 10 years and more 

11 than $1 trillion in the second decade. The law re12 duces health care costs . . . [and] is improving our 

13 economic competitiveness[.]’’. 

14 (31) $70.2 billion of the White House’s esti15 mated savings was to come from the Community 

16 Living Assistance Services and Supports (CLASS) 

17 Act provisions of the Affordable Care Act, a pro18 gram that was deemed actuarially unsound and 

19 never implemented by the Obama Administration. 

20 (32) An April 2010 report from the Office of 

21 the Actuary for the Centers for Medicare & Medicaid 

22 Services describes that additional savings under the 

23 Affordable Care Act were to be paid for with Medi24 care Fee-for-Service and Medicare Advantage cuts 

25 and reductions in payments to hospitals, skilled 


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1 nursing facilities, and home health centers. These 

2 cuts have been delayed and may never materialize. 

3 Even if implemented, the projected savings may 

4 never accrue as the CMS Actuary’s report concludes 

5 that such cuts will cause about 15 percent of hos6 pitals and post-acute care facilities like nursing 

7 homes to go out of business. 

8 (33) $52 billion in deficit reduction savings was 

9 projected to come from employer penalties paid to 

10 the Government for failure to comply with the em11 ployer mandate requirement to provide employees 

12 health insurance, a requirement that the Obama Ad13 ministration has repeatedly delayed and modified, 

14 causing penalties and associated savings to not ac15 crue. 

16 (34) Initial estimates of savings under the Af17 fordable Care Act projected at least $15.5 billion in 

18 savings over the next decade attributable to Medi19 care cuts through the Independent Payment Advi20 sory Board, which has not yet been appointed and 

21 through which no cuts or savings have been realized. 

22 (35) On September 9, 2009, President Obama 

23 pledged to a joint session of Congress, ‘‘I will not 

24 sign a [health care reform] plan that adds one dime 

25 to our deficits—either now or in the future.’’. 


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1 (36) The Congressional Budget Office esti2 mated in February 2014 that health insurance sub3 sidies under the Affordable Care Act would cost the 

4 Federal Government $47 billion in fiscal year 2015 

5 and $1.197 trillion over fiscal years 2015–2024. 

6 (37) The Committees on Finance and Health, 

7 Education, Labor, and Pensions of the Senate esti8 mated in September 2014 that the Affordable Care 

9 Act will add at least $340 billion to Federal budget 

10 deficits. 

11 (38) Dr. Gruber stated, ‘‘The [Affordable Care 

12 Act] isn’t designed to save money.’’. 

13 (39) On at least 37 occasions, President Obama 

14 or a top official in the executive branch repeated the 

15 promise that ‘‘If you like the [health insurance] plan 

16 you have, you can keep it. If you like the doctor you 

17 have, you can keep your doctor.’’. 

18 (40) The Associated Press calculated at least 

19 4.7 million Americans had their health insurance 

20 cancelled for 2014 and later, when the President 

21 issued a last-minute fix to try to prevent these can22 cellations as required by the Affordable Care Act, 

23 the changes came too late for approximately 2.4 mil24 lion Americans to keep the plans they had and liked. 


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1 (41) The nonpartisan, fact-checking publication 

2 Politifact rated ‘‘If you like your health care plan, 

3 you can keep it.’’ as the Lie of the Year for 2013. 

4 (42) Then-Presidential candidate Barack 

5 Obama repeatedly promised that, if elected Presi6 dent, his national health care reforms would, ‘‘cut 

7 the cost of a typical family’s premium by up to 

8 $2,500 a year.’’. 

9 (43) A November 2013 analysis by the Manhat10 tan Institute calculates that the Affordable Care Act 

11 would increase individual marketplace health insur12 ance premiums by 41 percent nationwide between 

13 2013 and 2014. 

14 (44) A December 2013 study by Health Pocket, 

15 Inc., found that the average individual deductible for 

16 a Bronze plan was $5,081 a year, a 42-percent in17 crease from the average plan purchased by an indi18 vidual in 2013. 

19 (45) A February 2013 study by Health Pocket 

20 Inc., found that exchange plans under the Affordable 

21 Care Act averaged a 34-percent increase in drug22 cost sharing compared to copayment and coinsur23 ance rates in the pre-Affordable Care Act market. 

24 For the sickest patients needing specialty drugs, the 


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1 study found copayments increased by 226 percent 

2 under a Bronze plan via the Affordable Care Act. 

3 (46) A December 2013 study by McKinsey and 

4 Company found that insurers offered almost three 

5 times as many narrow or ultranarrow network plans 

6 in 2014 compared to 2013. Fully 70 percent of Af7 fordable Care Act plans analyzed had narrow or 

8 ultranarrow network coverage, meaning coverage for 

9 fewer doctors and hospitals than plans sold on the 

10 individual market before the law took effect. 

11 (47) Details consumers require to make in12 formed decisions about their health care plan cov13 erage under the Affordable Care Act have been with14 held or lacked transparency. 

15 (48) On September 26, 2013, President Obama 

16 said, ‘‘It will say clearly what each plan covers, what 

17 each plan costs. The price will be right there. It will 

18 be fully transparent . . . And so if you’ve ever tried 

19 to buy insurance on your own, I promise you this is 

20 a lot easier. It’s like booking a hotel or a plane tick21 et.’’. 

22 (49) HealthCare.gov was established as the 

23 website to implement the Federal exchange portion 

24 of the Act at a cost of as much as $840 million, in25 cluding more than $150 million in cost overruns, acVerDate Sep 11 2014 03:21 May 23, 2015 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H2400.IH H2400

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1 cording to the Government Accountability Office in 

2 March 2014. 

3 (50) On October 1, 2013, HealthCare.gov 

4 launched without adequate security testing, leaving 

5 the approximately 250,000 unique users it drew not 

6 only vulnerable to identity theft by hackers, but un7 able to even use the site, as the website was demon8 strably unable to handle even 1,100 simultaneous 

9 users. 

10 (51) For the subsequent months after its 

11 launch, HealthCare.gov continued to be plagued by 

12 crippling malfunctions, and the dismal performance 

13 of the website led only to problems and frustration 

14 for millions of Americans. 

15 (52) A June 2013 study by the Department of 

16 Health and Human Services’ Office of Inspector 

17 General revealed that software designed by a prin18 cipal HealthCare.gov vendor was highly insecure and 

19 put the information of more than 6 million Medicare 

20 beneficiaries at ‘‘greater risk from malware, inappro21 priate access or theft’’. 

22 (53) An April 2014 study by Avalere Health de23 termined that 38 percent of health insurance plans 

24 offered on the exchanges under the Affordable Care 

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1 able. Avalere also found that nearly 1 in 4 plans of2 fered insufficient information on which doctors and 

3 hospitals are covered. 

4 (54) In September 2014, the Administrator of 

5 the Centers for Medicare and Medicaid Services re6 ported to Congress that 7.3 million Americans had 

7 enrolled in plans through exchanges under the Af8 fordable Care Act, meeting enrollment targets esti9 mated by the Congressional Budget Office and held 

10 as a goal by the Obama Administration. 

11 (55) Four months later, HHS Secretary 

12 Burwell stated that this enrollment data was a ‘‘mis13 take’’ that included some 400,000 dental insurance 

14 enrollments, the inclusion of which allowed the ad15 ministration to claim for months that the Affordable 

16 Care Act was performing as anticipated which was 

17 not in fact a true or accurate representation of the 

18 data they had, but would not release to the public. 

19 (56) Since implementation of the ACA began, 

20 the HHS Secretary has granted over $1 billion in 

21 Federal taxpayer dollars to States to help build 

22 websites for their own State-based exchanges, yet 

23 development and usability issues on short timelines 

24 repeatedly caused these same States to seek dif25 ferent options for the 2015 open enrollment period, 


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1 including opting to revert to enrolling via the Fed2 eral HealthCare.gov website. 

3 (57) The Affordable Care Act provides opportu4 nities for fraud within subsidy and tax credit 

5 issuance. 

6 (58) A September 2013 report by the Treasury 

7 Inspector General for Tax Administration concluded 

8 that, ‘‘the IRS’s existing fraud detection system may 

9 not be capable of identifying ACA refund fraud or 

10 schemes prior to the issuance of tax return re11 funds.’’. 

12 (59) A July 2014 undercover study by the Gov13 ernment Accountability Office determined that ficti14 tious applicants were able to obtain health insurance 

15 coverage and taxpayer-funded subsidies on the Fed16 eral exchanges using falsified documents in 11 out 

17 of 12 cases. 

18 (60) The Affordable Care Act has had a nega19 tive impact on the American economy. 

20 (61) A February 2014 calculation by the Con21 gressional Budget Office found the Affordable Care 

22 Act will significantly harm the American economy, 

23 reducing the number of hours worked by millions of 

24 full-time employees worth of hours. The CBO study 

25 noted, ‘‘The reduction in CBO’s projections of hours 


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1 worked represents a decline in the number of full2 time-equivalent workers of about 2 million in 2017, 

3 rising to about 2.5 million in 2024.’’. 

4 (62) History has shown the Special Inspector 

5 General model to be successful at saving taxpayer 

6 dollars and rooting our waste, fraud, and abuse in 

7 large Federal Government programs. 

8 (63) Congress and the President have enacted 

9 legislation creating Special Inspectors General on 

10 three occasions, including to oversee Federal spend11 ing and policy implementation for Afghanistan re12 construction (SIGAR), Iraq reconstruction (SIGIR), 

13 and the Troubled Asset Relief Program (SIGTARP). 

14 (64) SIGAR, SIGIR, and SIGTARP have suc15 cessfully conducted audits and investigations saving 

16 the Federal Government billions in waste, fraud, and 

17 abuse, and have helped to identify and prosecute 

18 theft and corruption. 

19 (65) As of an October 2014 report, SIGAR has 

20 produced 57 referrals for suspension and debarment 

21 of Federal contractors and employees and produced 

22 over $500 million in direct taxpayer savings. 

23 (66) According to its final report, SIGIR cost 

24 $245 million to operate, but resulted in $645 million 

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1 dition to producing $192 million in seizures and 

2 court-ordered penalties, as well as 90 criminal con3 victions. 

4 (67) As of an October 2014 report, SIGTARP 

5 has produced 146 convictions and $7.38 billion in 

6 fines, penalties, and restitution to the Government 

7 and victims. 

8 (68) On August 5, 2014, the Associated Press 

9 reported that 47 Federal inspectors general sent an 

10 unprecedented joint letter to Congress to decry, 

11 ‘‘Obama administration efforts to delay or stall their 

12 investigations,’’ citing three examples where Federal 

13 agencies have hindered substantive inspector general 

14 oversight work by refusing to provide information or 

15 documents they are entitled to under the law. 

16 (69) The letter from more than half of the Fed17 eral Government’s independent inspectors general 

18 correctly states, ‘‘Section 6(a)(1) of the IG Act re19 flects the clear intent of Congress that an Inspector 

20 General is entitled to timely and unimpeded access 

21 to all records available to an agency that relate to 

22 that Inspector General’s oversight activities. The 

23 constricted interpretations of Section 6(a)(1) by 

24 these and other agencies conflict with the actual lan25 guage and Congressional intent. The IG Act is clear: 


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1 no law restricting access to records applies to In2 spectors General unless that law expressly so states, 

3 and that unrestricted access extends to all records 

4 available to the agency, regardless of location or 

5 form.’’. 

6 (70) Congress has a responsibility to exercise 

7 prudent stewardship of public dollars, to ensure that 

8 laws are well and faithfully executed by the executive 

9 branch, to provide for efficacious services for the 

10 American people, and to ensure that those who 

11 cheat, steal from, or defraud the Federal Govern12 ment are held to account. 

13 SEC. 3. SPECIAL INSPECTOR GENERAL FOR MONITORING 

14 THE AFFORDABLE CARE ACT. 

15 (a) OFFICE OF SPECIAL INSPECTOR GENERAL.— 

16 There is hereby established the Office of the Special In17 spector General for Monitoring the Affordable Care Act 

18 (in this section, referred to as the ‘‘Office’’) to carry out 

19 the duties described under subsection (e). 

20 (b) APPOINTMENT OF INSPECTOR GENERAL; RE21 MOVAL.— 

22 (1) APPOINTMENT.—The head of the Office is 

23 the Special Inspector General for Monitoring the Af24 fordable Care Act (in this section referred to as the 

25 ‘‘Special Inspector General’’), who shall be appointed 


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1 by the President, by and with the advice and consent 

2 of the Senate. 

3 (2) QUALIFICATIONS.—The appointment of the 

4 Special Inspector General shall be made solely on 

5 the basis of integrity and demonstrated ability in ac6 counting, auditing, financial analysis, law, manage7 ment analysis, health care expertise and financing, 

8 public administration, or investigations. 

9 (3) DEADLINE FOR APPOINTMENT.—The ap10 pointment of an individual as the Special Inspector 

11 General shall be made not later than 30 days after 

12 the date of the enactment of this Act. 

13 (4) COMPENSATION.—The annual rate of basic 

14 pay of the Special Inspector General shall be the an15 nual rate of basic pay provided for positions at level 

16 IV of the Executive Schedule under section 5315 of 

17 title 5, United States Code. 

18 (5) PROHIBITION ON POLITICAL ACTIVITIES.— 

19 For purposes of section 7324 of title 5, United 

20 States Code, the Special Inspector General shall not 

21 be considered an employee who determines policies 

22 to be pursued by the United States in the nation23 wide administration of Federal law. 

24 (6) REMOVAL.—The Special Inspector General 

25 shall be removable from office in accordance with 


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1 the provisions of section 3(b) of the Inspector Gen2 eral Act of 1978 (5 U.S.C. App.). 

3 (c) ASSISTANT INSPECTORS GENERAL.—The Special 

4 Inspector General shall, in accordance with applicable laws 

5 and regulations governing the civil service— 

6 (1) appoint an Assistant Inspector General for 

7 Auditing who shall have the responsibility for super8 vising the performance of auditing activities relating 

9 to the duties described under subsection (e); and 

10 (2) appoint an Assistant Inspector General for 

11 Investigations who shall have the responsibility for 

12 supervising the performance of investigative activi13 ties relating to such duties. 

14 (d) SUPERVISION.— 

15 (1) IN GENERAL.—Except as provided under 

16 paragraph (2), the Special Inspector General shall 

17 report directly to, and be under the general super18 vision of, the Secretary of Health and Human Serv19 ices. 

20 (2) INDEPENDENCE TO CONDUCT INVESTIGA21 TIONS AND AUDITS.—No employee or officer of any 

22 of the following entities shall prevent or prohibit the 

23 Special Inspector General from initiating, carrying 

24 out, or completing any audit or investigation related 

25 to the duties described under subsection (e) or from 


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1 issuing any subpoena during the course of any such 

2 audit or investigation: 

3 (A) The Executive Office of the President 

4 and the Office of Personnel Management. 

5 (B) The Department of Health and 

6 Human Services. 

7 (C) The Department of the Treasury. 

8 (D) The Social Security Administration, 

9 the Department of Homeland Security, the De10 partment of Veterans Affairs, the Department 

11 of Defense, the Department of Labor, and the 

12 Peace Corps. 

13 (E) Any other Federal agency involved in 

14 implementing or administering the Affordable 

15 Care Act. 

16 (e) DUTIES.— 

17 (1) OVERSIGHT OF THE IMPLEMENTATION AND

18 ADMINISTRATION OF THE AFFORDABLE CARE ACT.— 

19 It shall be the duty of the Special Inspector General 

20 to conduct, supervise, and coordinate audits and in21 vestigations of the implementation and administra22 tion of programs and activities established under, 

23 and payment system changes made by, the Afford24 able Care Act, including by collecting and summa25 rizing the following: 


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1 (A) A description of the individual man2 date requirement for applicable individuals to 

3 maintain minimum essential coverage or pay a 

4 penalty under section 5000A of the Internal 

5 Revenue Code of 1986, including a description 

6 of the number of individuals maintaining such 

7 coverage and the number of individuals paying 

8 such penalties. 

9 (B) A description of any increases or de10 creases in— 

11 (i) premiums for qualified health 

12 plans (as defined in section 1301 of the 

13 Patient Protection and Affordable Care 

14 Act (42 U.S.C. 18021)); 

15 (ii) deductibles under qualified health 

16 plans; and 

17 (iii) cost-sharing under qualified 

18 health plans, including by copayments and 

19 coinsurance, 

20 affecting individuals enrolling in coverage under 

21 such plans through an exchange established 

22 under title I of the Patient Protection and Af23 fordable Care Act (including a State-run ex24 change, a federally administered exchange, and 

25 a Small Business Health Options Program). 


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1 (C) A description of any increases or de2 creases in the maximum out-of-pocket costs af3 fecting individuals enrolling in qualified health 

4 plans through such a State-run exchange, a fed5 erally administered exchange, and a Small 

6 Business Health Options Program. 

7 (D) A description of any increases or de8 creases in the size of physician and other health 

9 care provider networks affecting individuals en10 rolling in qualified health plans through such a 

11 State-run exchange, a federally administered 

12 exchange, and a Small Business Health Options 

13 Program. 

14 (E) A description of any type of health in15 surance coverage lost because of the treatment 

16 under title I of the Patient Protection and Af17 fordable Care Act of grandfathered health plans 

18 (as defined in section 1251(e) of such Act (42 

19 U.S.C. 18011(e))). 

20 (F) A description of any credits under sec21 tion 36B of the Internal Revenue Code of 1986 

22 (and the amount (if any) of the advance pay23 ment of the credit under section 1412 of the 

24 Patient Protection and Affordable Care Act (42 

25 U.S.C. 18082)) and any cost-sharing reduction 


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1 under section 1402 of the Patient Protection 

2 and Affordable Care Act (42 U.S.C. 18071) 

3 (and the amount (if any) of the advance pay4 ment of the reduction under section 1412 of 

5 such Act (42 U.S.C. 18082)) provided to indi6 viduals enrolling under qualified health plans 

7 through an exchange established under title I of 

8 the Patient Protection and Affordable Care Act. 

9 (G) A description of any projections, esti10 mates, analysis, goals, or targets made by any 

11 employee of the Federal Government or any 

12 contractor of the Federal Government in car13 rying out duties associated with the Patient 

14 Protection and Affordable Care Act with re15 spect to the enrollment of individuals in a quali16 fied health plan through an exchange estab17 lished under title I of the Patient Protection 

18 and Affordable Care Act. 

19 (H) A description of the employer mandate 

20 requirement that applicable large employers 

21 provide eligible employees with minimum essen22 tial coverage or pay a fine under section 4980H 

23 of the Internal Revenue Code of 1986, includ24 ing a description of the type and number of emVerDate Sep 11 2014 03:21 May 23, 2015 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H2400.IH H2400

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1 ployers providing such coverage and the type 

2 and number of employers paying such fines. 

3 (I) A description of any projections, esti4 mates, analyses, goals, or targets made by any 

5 employee of the Federal Government or any 

6 contractor of the Federal Government in car7 rying out duties associated with the Patient 

8 Protection and Affordable Care Act with re9 spect to employers providing minimum essential 

10 coverage to applicable employees. 

11 (J) A description of any reports, meetings, 

12 discussions, or materials of any employee of the 

13 Federal Government or any contractor of the 

14 Federal Government in carrying out duties as15 sociated with the Patient Protection and Af16 fordable Care Act relating to any employers 

17 converting full-time employees to part-time em18 ployees or hiring new part-time employees in19 stead of full-time employees for the purposes of 

20 avoiding the fines provided for under the em21 ployer mandate requirement described in sub22 paragraph (H). 

23 (K) A description of any reports, meetings, 

24 discussions, or materials of any employee of the 

25 Federal Government or any contractor of the 


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1 Federal Government in carrying out duties as2 sociated with the Patient Protection and Af3 fordable Care Act relating to any employers hir4 ing no more than 50 employees for the purposes 

5 of avoiding the requirement to provide min6 imum essential coverage or pay a fine under the 

7 employer mandate requirement described in 

8 subparagraph (H). 

9 (L) A description of any reports, meetings, 

10 discussions, or materials of any employee of the 

11 Federal Government or any contractor of the 

12 Federal Government in carrying out duties as13 sociated with the Patient Protection and Af14 fordable Care Act relating to any employers 

15 dropping the health insurance coverage offered 

16 to their employees, or employees’ spouses or de17 pendents, for the purposes of avoiding the re18 quirement to provide minimum essential cov19 erage or pay a fine under the employer mandate 

20 requirement described in subparagraph (H). 

21 (M) A description of the transitional rein22 surance program established under section 

23 1341 of the Patient Protection and Affordable 

24 Care Act (42 U.S.C. 18061), including a de25 scription of reinsurance contributions collected 


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1 or required to be collected under such program, 

2 a description of any reinsurance payments 

3 made or required to be made to health insur4 ance issuers under such program, a description 

5 of the health insurance coverage and related 

6 costs for high-cost individuals for plans related 

7 to such program, an explanation of the impact 

8 of such reinsurance program on adverse selec9 tion in the marketplace, and an explanation of 

10 any premium-stabilizing effects of such pro11 gram. 

12 (N) A description of the temporary risk 

13 corridors for qualified health plans established 

14 under section 1342 of the Patient Protection 

15 and Affordable Care Act (42 U.S.C. 18062), in16 cluding a description of participating plans and 

17 the allowable costs and target amounts of such 

18 plans, a description of risk corridor ratios of 

19 such plans, and a description of payment ad20 justments made under such program. 

21 (O) A description of the permanent risk 

22 adjustment program established under section 

23 1343 of the Patient Protection and Affordable 

24 Care Act (42 U.S.C. 18063), including a de25 scription of any plans participating in such proVerDate Sep 11 2014 03:21 May 23, 2015 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H2400.IH H2400

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1 gram, a description of any risk adjustment pay2 ments made or required to be made under such 

3 program, a description of the health insurance 

4 coverage and related costs for high-cost individ5 uals for plans related to such program, an ex6 planation of the impact of such program on ad7 verse selection in the marketplace, and an ex8 planation of any premium-stabilizing effects of 

9 such program. 

10 (P) A list of all contracts awarded under 

11 the Affordable Care Act and an analysis of 

12 whether Federal contracting procedures were 

13 followed when awarding any contract associated 

14 with such Act. 

15 (Q) A description of the development of 

16 the health insurance marketplace for the Inter17 net portal established under section 1103 of the 

18 Patient Protection and Affordable Care Act (42 

19 U.S.C. 18003), including a description of the 

20 design, features, and security systems of such 

21 web portal and a description of all costs associ22 ated with such development. 

23 (R) A description of any threats, risks, 

24 problems, or functionality issues identified by 

25 any employee of the Federal Government or any 


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1 contractor of the Federal Government in car2 rying out duties associated with the Patient 

3 Protection and Affordable Care Act prior to the 

4 launch of such web portal on October 1, 2013. 

5 (S) A description of any decisionmaking or 

6 activities by any employee of the Federal Gov7 ernment or any contractor of the Federal Gov8 ernment in carrying out duties associated with 

9 the Patient Protection and Affordable Care Act 

10 in response to such threats, risks, problems, or 

11 functionality issues. 

12 (T) A description of the systems (on the 

13 Federal and State levels) in place or in develop14 ment to allow health insurance issuers and 

15 plans and government entities to verify infor16 mation is accurate for purposes of enrollments 

17 in qualified health plans through exchanges es18 tablished under title I of the Patient Protection 

19 and Affordable Care Act, including that data 

20 verification and validation can occur with re21 spect to information provided or stored by indi22 viduals, the Department of Health and Human 

23 Services, the qualified health plans, States, and 

24 other applicable Federal agencies, including for 

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1 ternal Revenue Code of 1986 (and the amount 

2 (if any) of the advance payment of the credit 

3 under section 1412 of the Patient Protection 

4 and Affordable Care Act (42 U.S.C. 18082)) 

5 and any cost-sharing reduction under section 

6 1402 of the Patient Protection and Affordable 

7 Care Act (42 U.S.C. 18071) (and the amount 

8 (if any) of the advance payment of the reduc9 tion under section 1412 of such Act (42 U.S.C. 

10 18082)). 

11 (U) A description of the development of 

12 the Federal Data Services Hub, including its 

13 design, features, and security systems, and a 

14 description of the type of data accessed through 

15 such data hub, and a description of the actual 

16 storage location of such data accessed through 

17 such data hub. 

18 (V) A list of the duties and responsibilities 

19 assigned to the Internal Revenue Service as a 

20 result of the enactment of the Affordable Care 

21 Act, a description of any plans of the Internal 

22 Revenue Service for how to carry out such du23 ties, and an explanation of the resources and 

24 personnel required to carry out such duties, in25 cluding a description of any new resources or 


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1 personnel required to carry out such duties not 

2 already available to the Internal Revenue Serv3 ice. 

4 (W) A description of any plans of the In5 ternal Revenue Service to verify the eligibility of 

6 individuals enrolling in qualified health plans 

7 for any credits under section 36B of the Inter8 nal Revenue Code of 1986 (and the amount (if 

9 any) of the advance payment of the credit 

10 under section 1412 of the Patient Protection 

11 and Affordable Care Act (42 U.S.C. 18082)) 

12 and any cost-sharing reduction under section 

13 1402 of the Patient Protection and Affordable 

14 Care Act (42 U.S.C. 18071) (and the amount 

15 (if any) of the advance payment of the reduc16 tion under section 1412 of such Act (42 U.S.C. 

17 18082)), including a description of any such 

18 verification completed and a description of any 

19 such individuals determined to be ineligible. 

20 (X) A description of any plans by the In21 ternal Revenue Service to calculate the amount 

22 of overpayment of any such credit or reduction 

23 for which an individual enrolled in a qualified 

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1 cluding a description of any such calculations 

2 completed. 

3 (Y) A description of any plans by the In4 ternal Revenue Service to notify individuals de5 termined to be ineligible for such credits or re6 ductions, including a description of such notifi7 cations completed. 

8 (Z) A description of any plans by the In9 ternal Revenue Service to recapture such over10 payments of such credits and reductions for in11 dividuals determined to be ineligible, including 

12 a description of such recapturing completed. 

13 (AA) A description of the impact of the Af14 fordable Care Act on the right of conscience, in15 cluding on— 

16 (i) religious employers and institutions 

17 that were not exempted from the mandate 

18 issued by the Department of Health and 

19 Human Services requiring individual and 

20 group health plans to cover sterilization 

21 and Food and Drug Administration ap22 proved contraceptives; 

23 (ii) individuals; and 

24 (iii) medical professionals. 


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1 (BB) A description of abortion coverage 

2 offered under qualified health plans purchased 

3 through State-run exchanges, federally adminis4 tered exchanges, and Small Business Health 

5 Options Programs, including costs associated 

6 with such coverage. 

7 (CC) A description of any actions by De8 partments or Agencies of the Federal Govern9 ment to modify or delay the programs or activi10 ties authorized by the Affordable Care Act, in11 cluding an explanation from the head of such 

12 Department or Agency of the specific authority 

13 used to implement such a modification or delay. 

14 (DD) A description of the Independent 

15 Payment Advisory Board under section 1899A 

16 of the Social Security Act (42 U.S.C. 1395kkk) 

17 and any actions taken to alter or reduce the use 

18 of medical products, treatments or procedures, 

19 including an explanation from the Independent 

20 Payment Advisory Board of the reasons for tak21 ing such actions, whether such actions could be 

22 expected to result in worsened medical out23 comes for individuals affected by such alter24 ations or reductions, and an explanation of the 

25 medical information used to determine whether 


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1 such alterations or reductions could be expected 

2 to result in such worsened outcomes. 

3 (EE) A description of individuals enrolled 

4 in the Medicaid program under title XIX of the 

5 Social Security Act through an exchange estab6 lished under title I of the Patient Protection 

7 and Affordable Care Act, including a descrip8 tion of the cost of health care services utilized 

9 by such individuals and a description of the cost 

10 to States and the cost to the Federal Govern11 ment to provide health care services to such in12 dividuals. 

13 (FF) Any additional topic related to the 

14 implementation and administration of the Af15 fordable Care Act, the inclusion of which helps 

16 to provide the public a full and objective ac17 counting of such law. 

18 (2) DATA TO BE INCLUDED.—In carrying out 

19 the duties described under paragraph (1), the Spe20 cial Inspector General shall, to the greatest extent 

21 possible, collect and summarize data described under 

22 such paragraph according to each type of insurance 

23 marketplace and according to the age and gender of 

24 individuals enrolling in coverage under qualified 

25 health plans through an exchange established under 


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1 title I of the Patient Protection and Affordable Care 

2 Act. 

3 (3) OTHER DUTIES RELATED TO OVERSIGHT.— 

4 The Special Inspector General shall establish, main5 tain, and oversee such systems, procedures, and con6 trols as the Special Inspector General considers ap7 propriate to discharge the duties described under 

8 paragraph (1). 

9 (4) DUTIES AND RESPONSIBILITIES UNDER

10 THE INSPECTOR GENERAL ACT OF 1978.—In addition 

11 to the duties described under paragraphs (1) and 

12 (2), the Special Inspector General shall also have the 

13 duties and responsibilities of inspectors general 

14 under the Inspector General Act of 1978 (5 U.S.C. 

15 App.). 

16 (f) COORDINATION OF EFFORTS.—In carrying out 

17 the duties, responsibilities, and authorities of the Special 

18 Inspector General under this section, the Special Inspector 

19 General shall coordinate with, and receive the cooperation 

20 of each of the following: 

21 (1) The Inspector General of the Department of 

22 Health and Human Services. 

23 (2) The Inspector General of the Department of 

24 the Treasury. 


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1 (3) The Inspectors General of the Social Secu2 rity Administration, the Department of Homeland 

3 Security, the Department of Veterans Affairs, the 

4 Department of Defense, the Department of Labor, 

5 and the Peace Corps. 

6 (4) The inspector general of any other Federal 

7 entity, as determined by the Special Inspector Gen8 eral. 

9 (g) POWERS AND AUTHORITIES.— 

10 (1) AUTHORITY TO ACCESS MATERIALS, RE11 QUEST INFORMATION, COMPEL RESPONSE, AND

12 OTHER AUTHORITIES UNDER THE INSPECTOR GEN13 ERAL ACT OF 1978.—In carrying out the duties de14 scribed under subsection (e), the Special Inspector 

15 General shall have all of the authorities provided 

16 under section 6 of the Inspector General Act of 

17 1978 (5 U.S.C. App.). 

18 (2) EXEMPTION FROM REQUIREMENT FOR INI19 TIAL DETERMINATION BY ATTORNEY GENERAL.— 

20 For purposes of section 6(e) of the Inspector Gen21 eral Act of 1978 (5 U.S.C. App.), the Special In22 spector General shall be considered exempt from the 

23 requirement of an initial determination of eligibility 

24 by the Attorney General under paragraph (2) of 

25 such section. 


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1 (3) AUDIT STANDARDS.—The Special Inspector 

2 General shall carry out the duties specified under 

3 subsection (e)(1) in accordance with section 4(b)(1) 

4 of the Inspector General Act of 1978 (5 U.S.C. 

5 App.). 

6 (h) PERSONNEL, FACILITIES, AND OTHER RE7 SOURCES.— 

8 (1) PERSONNEL.—The Special Inspector Gen9 eral may select, appoint, and employ such officers 

10 and employees as may be necessary for carrying out 

11 the duties of the Special Inspector General, subject 

12 to the provisions of title 5, United States Code, gov13 erning appointments in the competitive service, and 

14 the provisions of chapter 51 and subchapter III of 

15 chapter 53 of such title, relating to classification and 

16 General Schedule pay rates. 

17 (2) EMPLOYMENT OF EXPERTS AND CONSULT18 ANTS.—The Special Inspector General may obtain 

19 services as authorized by section 3109 of title 5, 

20 United States Code, at daily rates not to exceed the 

21 equivalent rate prescribed for grade GS–15 of the 

22 General Schedule by section 5332 of such title. 

23 (3) CONTRACTING AUTHORITY.—To the extent 

24 and in such amounts as may be provided in advance 

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1 eral may enter into contracts and other arrange2 ments for audits, studies, analyses, and other serv3 ices with public agencies and with private persons, 

4 and make such payments as may be necessary to 

5 carry out the duties of the Special Inspector Gen6 eral. 

7 (4) RESOURCES.—The Secretary of Health and 

8 Human Services shall provide the Special Inspector 

9 General with appropriate and adequate office space 

10 at appropriate locations of the Department of 

11 Health and Human Services together with such 

12 equipment, office supplies, and communications fa13 cilities and services as may be necessary for the op14 eration of such offices, and shall provide necessary 

15 maintenance services for such offices and the equip16 ment and facilities located therein. 

17 (5) ASSISTANCE FROM FEDERAL AGENCIES.— 

18 (A) IN GENERAL.—Upon request of the 

19 Special Inspector General for information or as20 sistance from any Department, Agency, or 

21 other entity of the Federal Government (includ22 ing any entity listed under subsection (d)(2)), 

23 the head of such entity shall, insofar as is prac24 ticable and not in contravention of any existing 

25 law, furnish such information or assistance to 


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1 the Special Inspector General, or an authorized 

2 designee. 

3 (B) REPORTING OF REFUSED ASSIST4 ANCE.— 

5 (i) REPORTING TO HEALTH AND

6 HUMAN SERVICES AND CONGRESS.—In ac7 cordance with clause (ii), as the case may 

8 be, whenever information or assistance re9 quested by the Special Inspector General 

10 is, in the judgment of the Special Inspector 

11 General, unreasonably refused or not pro12 vided, the Special Inspector General shall 

13 report the circumstances to the Secretary 

14 of Health and Human Services and to the 

15 appropriate congressional committees with16 out delay. 

17 (ii) REPORTING TO THE PUBLIC ON

18 REFUSAL OR NONCOOPERATION IN TRANS19 PARENCY.—Whenever any information de20 scribed in clause (i) is requested by the 

21 Special Inspector General and unreason22 ably refused or not provided, the report to 

23 the Secretary of Health and Human Serv24 ices and the appropriate congressional 

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1 fusal or Noncooperation in Transparency’’ 

2 and shall be published on a publicly avail3 able website in an accessible format with4 out delay. 

5 (6) USE OF PERSONNEL, FACILITIES, AND

6 OTHER RESOURCES OF THE OFFICE.—Upon the re7 quest of the Special Inspector General, an Inspector 

8 General— 

9 (A) may detail, on a reimbursable basis, to 

10 the Office any of the personnel of such Inspec11 tor General’s office for the purpose of carrying 

12 out this section; and 

13 (B) may provide, on a reimbursable basis, 

14 any of the facilities or other resources of the 

15 Office for the purpose of carrying out this sec16 tion. 

17 (i) REPORTS.— 

18 (1) INITIAL REPORT.—Not later than 90 days 

19 after the date of the enactment of this Act, the Spe20 cial Inspector General shall submit to the appro21 priate congressional committees and the Secretary of 

22 Health and Human Services a report summarizing, 

23 for the period beginning on the date of the enact24 ment of the Health Care and Education Reconcili25 ation Act of 2010 and ending on the completion of 


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1 a fiscal year quarter after the date of enactment of 

2 this Act, the activities during such period of the 

3 Special Inspector General required under subsection 

4 (e). 

5 (2) QUARTERLY REPORTS.—Beginning with the 

6 first full fiscal year quarter after the date of the en7 actment of this Act, not later than 30 days after the 

8 end of each fiscal year quarter, during which the Af9 fordable Care Act is in effect, the Special Inspector 

10 General shall submit to the appropriate congres11 sional committees and the Secretary of Health and 

12 Human Services a report summarizing, for the pe13 riod of that quarter and, to the extent possible, the 

14 period from the end of such quarter to the time of 

15 the submission of the report, the activities during 

16 such period of the Special Inspector General re17 quired under subsection (e). 

18 (3) COMMENTS ON REPORT.—Not later than 30 

19 days after receipt of a report under this subsection, 

20 the Secretary of Health and Human Services shall 

21 submit to the appropriate congressional committees 

22 any comments on the matters covered by the report. 

23 (4) PUBLIC AVAILABILITY; RECORDKEEPING.— 

24 (A) IN GENERAL.—The Special Inspector 

25 General shall publish on a publicly available 


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1 website each report described under this sub2 section and any comments on the matters cov3 ered by the report submitted pursuant to para4 graph (3). 

5 (B) REQUIREMENT TO INDEX.—Except as 

6 provided in subparagraph (C), the Special In7 spector General shall, to the greatest extent 

8 possible, index and publish on the publicly 

9 available website information for each source 

10 used in each report described under this sub11 section, including whenever applicable the docu12 ment name, author, and owner. 

13 (C) EXCEPTION TO INDEX REQUIRE14 MENT.—The Special Inspector General may ex15 cept with a written note of exclusion certain in16 formation required to be published pursuant to 

17 subparagraph (B) that the Special Inspector 

18 General determines is— 

19 (i) necessary to protect an individual 

20 that provided the information; or 

21 (ii) classified. 

22 (D) RECORDKEEPING REQUIREMENT.—All 

23 source material and information used to create 

24 a report described under this subsection, includ25 ing information excepted under subparagraph 


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1 (C), shall be identified, indexed (in a classified 

2 annex, if necessary), and maintained (including 

3 any written note of exclusion) by the Special In4 spector General. 

5 (5) PROTECTED INFORMATION.—To the extent 

6 possible, information submitted in any report re7 quired under this subsection shall be in a form that 

8 is not prohibited from disclosure under section 552a 

9 of title 5, United States Code (commonly known as 

10 the Privacy Act of 1974). 

11 (6) AGGREGATED INFORMATION.—The Special 

12 Inspector General shall, to the maximum extent pos13 sible, aggregate any personally identifiable informa14 tion submitted in a report required under this sub15 section. 

16 (j) AMENDMENT TO THE INSPECTOR GENERAL

17 ACT.—Section 8D of the Inspector General Act (5 U.S.C. 

18 App.) is amended in subsections (e) and (f) by inserting 

19 after ‘‘for Tax Administration’’, each place it appears, the 

20 following: ‘‘and the Special Inspector General for Moni21 toring the Affordable Care Act’’. 

22 (k) TERMINATION.—The Office of the Special Inspec23 tor General shall terminate the earlier of— 

24 (1) January 1, 2025; or 


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1 (2) the date on which the final report required 

2 by subsection (h) is submitted for the last year the 

3 Affordable Care Act is in effect. 

4 (l) DEFINITIONS.—In this section: 

5 (1) AFFORDABLE CARE ACT.—The term ‘‘Af6 fordable Care Act’’ means the Patient Protection 

7 and Affordable Care Act and title I and subtitle B 

8 of title II of the Health Care and Education Rec9 onciliation Act of 2010. 

10 (2) APPROPRIATE CONGRESSIONAL COMMIT11 TEES.—The term ‘‘appropriate congressional com12 mittees’’ means— 

13 (A) the Committees on Appropriations; the 

14 Budget; Education and the Workforce; Energy 

15 and Commerce; Homeland Security; the Judici16 ary; Oversight and Government Reform; Small 

17 Business; and Ways and Means of the House of 

18 Representatives; and 

19 (B) the Committees on Appropriations; the 

20 Budget; Commerce, Science, and Transpor21 tation; Finance; Health, Education, Labor, and 

22 Pensions; Homeland Security and Govern23 mental Affairs; the Judiciary; and Small Busi24 ness and Entrepreneurship of the Senate. 

Æ 


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