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 pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee 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 con-
gressional staff to abide by the Patient Protection and 
Affordable Care Act with respect to health insurance 
coverage; and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Protection from 
Obamacare Mandates and Congressional Equity Act’’. 
SEC. 2. MODIFICATIONS TO EXEMPTION FROM REQUIRE-
MENT TO MAINTAIN HEALTH COVERAGE. 
(a) EXEMPTION FOR INDIVIDUALS IN AREAS WITH 
FEWER THAN 2 ISSUERS OFFERING PLANS ON AN EX-
CHANGE.—Section 5000A(e) of the Internal Revenue Code 
of 1986 is amended by adding at the end the following 
new paragraph: 
‘‘(6) INDIVIDUALS
IN
AREAS
WITH
FEWER 
THAN
ISSUERS
OFFERING
PLANS
ON
AN
EX-
CHANGE.— 
‘‘(A) IN GENERAL.—Any applicable indi-
vidual for any period during a calendar year if 
there are fewer than 2 health insurance issuers 
offering qualified health plans on an Exchange 
for such period in the county in which the ap-
plicable individual resides. 
‘‘(B) AGGREGATION RULES.—For purposes 
of subparagraph (A), all health insurance 
issuers treated as a single employer under sub-
section (a) or (b) of section 52, or subsection 
(m) or (o) of section 414, shall be treated as a 
single health insurance issuer.’’. 
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(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to months beginning after the date 
of the enactment of this Act. 
SEC. 3. HEALTH INSURANCE COVERAGE FOR CERTAIN 
CONGRESSIONAL STAFF AND MEMBERS OF 
THE EXECUTIVE BRANCH. 
Section 1312(d)(3)(D) of the Patient Protection and 
Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is 
amended— 
(1) by striking the subparagraph heading and 
inserting the following: 
‘‘(D) MEMBERS OF CONGRESS, CONGRES-
SIONAL STAFF, AND POLITICAL APPOINTEES IN 
THE EXCHANGE.—’’; 
(2) in clause (i), in the matter preceding sub-
clause (I)— 
(A) by striking ‘‘and congressional staff 
with’’ and inserting ‘‘, congressional staff, the 
President, the Vice President, and political ap-
pointees with’’; and 
(B) by striking ‘‘or congressional staff 
shall’’ and inserting ‘‘, congressional staff, the 
President, the Vice President, or a political ap-
pointee shall’’; 
(3) in clause (ii)— 
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(A) in subclause (II), by inserting after 
‘‘Congress,’’ the following: ‘‘of a committee of 
Congress, or of a leadership office of Con-
gress,’’; and 
(B) by adding at the end the following: 
‘‘(III) POLITICAL
APPOINTEE.— 
The term ‘political appointee’ means 
any individual who— 
‘‘(aa) is employed in a posi-
tion described under sections 
5312 through 5316 of title 5, 
United States Code (relating to 
the Executive Schedule); 
‘‘(bb) is a limited term ap-
pointee, limited emergency ap-
pointee, or noncareer appointee 
in the Senior Executive Service, 
as defined under paragraphs (5), 
(6), and (7), respectively, of sec-
tion 3132(a) of title 5, United 
States Code; or 
‘‘(cc) is employed in a posi-
tion in the executive branch of 
the Government of a confidential 
or policy-determining character 
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under schedule C of subpart C of 
part 213 of title 5 of the Code of 
Federal Regulations.’’; and 
(4) by adding at the end the following: 
‘‘(iii) GOVERNMENT CONTRIBUTION.— 
No Government contribution under section 
8906 of title 5, United States Code, shall 
be provided on behalf of an individual who 
is a Member of Congress, a congressional 
staff member, the President, the Vice 
President, or a political appointee for cov-
erage under this paragraph. 
‘‘(iv) LIMITATION ON AMOUNT OF TAX 
CREDIT OR COST SHARING.—An individual 
enrolling in health insurance coverage pur-
suant to this paragraph shall not be eligi-
ble to receive a tax credit under section 
36B of the Internal Revenue Code of 1986 
or reduced cost sharing under section 1402 
of this Act in an amount that exceeds the 
total amount for which a similarly situated 
individual (who is not so enrolled) would be 
entitled to receive under such sections. 
‘‘(v) LIMITATION ON DISCRETION FOR 
DESIGNATION
OF
STAFF.—Notwithstand-
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ing any other provision of law, a Member 
of Congress shall not have discretion in de-
terminations with respect to which employ-
ees employed by the office of such Member 
are eligible to enroll for coverage through 
an Exchange. 
‘‘(vi) 
CLARIFICATION.—The 
terms 
‘small employer’ (as defined under section 
1304(b)(2)) and ‘qualified employers’ (as 
defined under subsection (f)) do not in-
clude the Congress, with respect to enroll-
ments in an Exchange and a SHOP Ex-
change.’’. 
Æ 
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