II 

114TH CONGRESS 

1ST SESSION S. 347 

To amend the Internal Revenue Code of 1986 to provide that the individual 

health insurance mandate not apply until the employer health insurance 

mandate is enforced without exceptions. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 3, 2015 

Mrs. FISCHER (for herself, Ms. AYOTTE, Mr. BARRASSO, Mr. PERDUE, Mr. 

ROBERTS, and Mr. WICKER) introduced the following bill; which was read 

twice and referred to the Committee on Finance 

A BILL 

To amend the Internal Revenue Code of 1986 to provide 

that the individual health insurance mandate not apply 

until the employer health insurance mandate is enforced 

without exceptions. 

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 ‘‘Freeing Americans 

5 from Inequitable Requirements Act of 2015’’ or the 

6 ‘‘FAIR Act of 2015’’. 

7 SEC. 2. FINDINGS; PURPOSE. 

8 (a) FINDINGS.—Congress finds the following: 


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•S 347 IS

1 (1) Since the passage of the Patient Protection 

2 and Affordable Care Act (hereafter referred to as 

3 ‘‘PPACA’’), the Administration—through the De4 partment of Health and Human Services and the 

5 Department of the Treasury—has unilaterally de6 layed or changed PPACA at least 20 times. 

7 (2) On July 2, 2013, the Administration de8 layed until 2015 the PPACA requirement that em9 ployers with at least 50 full-time equivalent employ10 ees provide health coverage for their full-time work11 ers or risk paying a penalty to the Internal Revenue 

12 Service. 

13 (3) On February 10, 2014, the Administration 

14 once again delayed the PPACA requirement until 

15 2016 for employers with between 50 and 99 full16 time equivalent employees to provide qualified health 

17 insurance to their employees. 

18 (4) The Administration lacks the authority to 

19 unilaterally change statutorily defined dates in order 

20 to delay the implementation of any provision of 

21 PPACA. 

22 (5) If the Administration continues to suspend 

23 the penalties for businesses absent any statutory au24 thority, then the penalties for all Americans should 

25 be suspended on the basis of fundamental fairness. 


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•S 347 IS

1 (b) PURPOSE.—The purpose of this Act is to require 

2 the suspension of the enforcement of penalties associated 

3 with the individual mandate should the Administration 

4 unilaterally announce a suspension of the enforcement of 

5 penalties for any component of the employer mandate. 

6 SEC. 3. INDIVIDUAL HEALTH INSURANCE MANDATE DE7 LAYED UNTIL EMPLOYER HEALTH INSUR8 ANCE MANDATE ENFORCED WITHOUT EXCEP9 TIONS. 

10 (a) IN GENERAL.—Section 5000A of the Internal 

11 Revenue Code of 1986 is amended by adding at the end 

12 the following new subsection: 

13 ‘‘(h) DELAY UNTIL EMPLOYER HEALTH INSURANCE

14 MANDATE ENFORCED WITHOUT EXCEPTIONS.—This sec15 tion shall not apply with respect to any month which be16 gins before the date on which the Secretary submits to 

17 Congress a certification that section 4980H is being ap18 plied and administered without any administratively cre19 ated exceptions.’’. 

20 (b) EFFECTIVE DATE.—The amendment made by 

21 this section shall apply to months beginning after Decem22 ber 31, 2014. 

Æ 


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