I 

113TH CONGRESS 

2D SESSION H. R. 3884 

To amend section 1311(a) of the Patient Protection and Affordable Care 

Act to provide for the recoupment and reallocation of unspent State 

grant funds, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2014 

Mr. PASCRELL (for himself, Mr. MICHAUD, and Mr. PALLONE) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL 

To amend section 1311(a) of the Patient Protection and 

Affordable Care Act to provide for the recoupment and 

reallocation of unspent State grant funds, 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 ‘‘Ensuring Full Use 

5 of Federal Health Care Funding Act of 2014’’. 


jbell on DSK7SPTVN1PROD with BILLS
2 

•HR 3884 IH

1 SEC. 2. RECOUPMENT AND REALLOCATION OF FEDERAL 

2 SECTION 1311 ACA GRANT FUNDS. 

3 Section 1311(a) of the Patient Protection and Af4 fordable Care Act (42 U.S.C. 18031(a)) is amended— 

5 (1) in paragraph (1), by inserting before the pe6 riod at the end the following: ‘‘and to make grants 

7 under paragraph (7) to qualified entities in a State 

8 from funds recouped under paragraph (6) from that 

9 State’’; 

10 (2) in paragraph (2), by adding at the end the 

11 following: ‘‘Not later than May 1, 2014, the Sec12 retary shall determine the recoupment amount under 

13 paragraph (6) for each State and the amounts that 

14 will be made so available for grants under paragraph 

15 (7) for qualified entities in each State.’’; 

16 (3) in paragraph (3), by adding at the end the 

17 following: ‘‘A qualified entity awarded a grant under 

18 paragraph (7) shall use such grant for activities con19 sistent with subparagraph (C) of such paragraph.’’; 

20 and 

21 (4) by adding at the end the following new 

22 paragraphs: 

23 ‘‘(6) RECOUPMENT OF UNEXPENDED FUNDS.— 

24 ‘‘(A) IN GENERAL.—Subject to subpara25 graph (B), the Secretary shall recoup any funds 

26 awarded to a State under this subsection to the 


jbell on DSK7SPTVN1PROD with BILLS
3 

•HR 3884 IH

1 extent that such funds are not obligated by the 

2 State for expenditure before April 1, 2014. 

3 ‘‘(B) EXCEPTION.—The Secretary may, in 

4 the Secretary’s discretion, decide not to recoup 

5 the funds of a State under subparagraph (A) if 

6 the State has submitted to the Secretary and 

7 the Secretary has approved, before March 31, 

8 2014, a plan for spending such funds in accord9 ance with this subsection in a timely manner. 

10 ‘‘(7) APPLICATION OF RECOUPED FUNDS FOR

11 GRANTS TO OTHER ENTITIES WITHIN A STATE.— 

12 ‘‘(A) IN GENERAL.—Insofar as the Sec13 retary recoups funds under paragraph (6) from 

14 a State, the Secretary shall use all such funds 

15 to make grants, before the beginning of the 

16 open enrollment period for 2015, to qualified 

17 entities under subparagraph (B) to carry out 

18 activities in the State consistent with subpara19 graph (C). 

20 ‘‘(B) ELIGIBILITY.— 

21 ‘‘(i) IN GENERAL.—To be eligible to 

22 receive a grant under this paragraph with 

23 respect to a State, an entity shall dem24 onstrate to the Secretary that the entity— 


jbell on DSK7SPTVN1PROD with BILLS
4 

•HR 3884 IH

1 ‘‘(I) has (or can readily and on a 

2 timely basis establish) relationships 

3 with employers and employees, con4 sumers (including uninsured and 

5 underinsured consumers), or self-em6 ployed individuals in the State that 

7 are likely to be qualified to enroll in 

8 coverage options made available 

9 through an Exchange in the State; 

10 ‘‘(II) is capable of carrying out 

11 the activities described in subpara12 graph (C) for which a grant is being 

13 granted; 

14 ‘‘(III) meets the standards de15 scribed in clause (iii); and 

16 ‘‘(IV) provides information con17 sistent with standards developed 

18 under clause (iv). 

19 ‘‘(ii) TYPES OF QUALIFIED ENTI20 TIES.—Such an entity may be a trade, in21 dustry, and professional association, com22 mercial fishing industry organization, 

23 ranching and farming organization, com24 munity and consumer-focused nonprofit 

25 group, chamber of commerce, union, reVerDate Mar 15 2010 20:48 Jan 17, 2014 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.IH H3884

jbell on DSK7SPTVN1PROD with BILLS
5 

•HR 3884 IH

1 source partner of the Small Business Ad2 ministration, and other licensed insurance 

3 agent or broker, and another entity, so 

4 long as it meets the requirements of clause 

5 (i). 

6 ‘‘(iii) ENTITY STANDARDS.—The Sec7 retary shall establish standards for quali8 fied entities under this subparagraph relat9 ing to their qualification to engage in the 

10 outreach, education, and enrollment activi11 ties described in subparagraph (C) and to 

12 avoid conflicts of interest. Under such 

13 standards, a qualified entity shall not— 

14 ‘‘(I) be a health insurance issuer; 

15 or 

16 ‘‘(II) receive any consideration 

17 directly or indirectly from any health 

18 insurance issuer in connection with 

19 the enrollment of any qualified indi20 viduals or employees of a qualified 

21 employer in a qualified health plan. 

22 ‘‘(iv) FAIR AND IMPARTIAL INFORMA23 TION AND SERVICES.—The Secretary shall 

24 develop standards to ensure that informa25 tion made available by qualified entities 


jbell on DSK7SPTVN1PROD with BILLS
6 

•HR 3884 IH

1 under a grant under this paragraph is fair, 

2 accurate, and impartial. 

3 ‘‘(C) USE OF GRANTS.—Grants under this 

4 paragraph may be used for any of the purposes 

5 or activities for which a grant to a State under 

6 this subsection may be used, including the fol7 lowing: 

8 ‘‘(i) NON-NAVIGATOR ASSISTANCE

9 PERSONNEL.—To build and fund oper10 ations of an in-person assistance personnel 

11 (IPA) program (also known as ‘non-Navi12 gator assistance personnel’). 

13 ‘‘(ii) OUTREACH.—To coordinate with 

14 other health and human services organiza15 tions in the State to broaden outreach 

16 (such as Marketplace information on appli17 cations for other programs, websites, 

18 emails or through IPA call centers) to indi19 viduals eligible to enroll in qualified health 

20 plans through the Exchange operating in 

21 the State. 

22 ‘‘(iii) MARKETING.—To produce and 

23 disseminate marketing and campaign ma24 terials, including brochures, direct mail, 

25 print ads, social media and digital and onVerDate Mar 15 2010 20:48 Jan 17, 2014 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H3884.IH H3884

jbell on DSK7SPTVN1PROD with BILLS
7 

•HR 3884 IH

1 line ads, and TV and radio buys, such ma2 terials subject to approval by the Sec3 retary.’’. 

Æ 


jbell on DSK7SPTVN1PROD with BILLS