I 
113TH CONGRESS 
1ST SESSION H. R. 3359 
To provide for a delay of the individual mandate under the Patient Protection 
and Affordable Care Act until the American Health Benefit Exchanges 
are functioning properly. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 28, 2013 
Mr. RADEL (for himself, Mr. COOK, Mr. GOHMERT, Mr. MCKINLEY, Mr. 
MESSER, Mr. COLLINS of New York, Mr. SIMPSON, Mr. WESTMORE-
LAND, Mr. RODNEY DAVIS of Illinois, Mr. CHABOT, Mr. NEUGEBAUER, 
Mr. DIAZ-BALART, Mr. BISHOP of Utah, Mr. JONES, Mr. ROKITA, Ms. 
ROS-LEHTINEN, and Mr. GARRETT) introduced the following bill; which 
was referred to the Committee on Ways and Means, and in addition to 
the Committee on Energy and Commerce, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To provide for a delay of the individual mandate under 
the Patient Protection and Affordable Care Act until 
the American Health Benefit Exchanges are functioning 
properly. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Delay Until Fully 
Functional Act of 2013’’. 
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SEC. 2. DELAY IN THE INDIVIDUAL MANDATE AND EXEMP-
TION FROM PENALTY. 
(a) DELAY IN APPLICABILITY.—Section 1501(d) of 
the Patient Protection and Affordable Care Act (42 
U.S.C. 18091(d)) is amended to read as follows: 
‘‘(d) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—The amendments made by 
this section shall apply to taxable years beginning 6 
months after the date on which the Inspector Gen-
eral of the Department of Health and Human Serv-
ices submits to Congress the certification described 
in paragraph (3). 
‘‘(2) GAO STUDY AND REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date of enactment of the Delay 
Until Fully Functional Act of 2013, the Comp-
troller General of the United States shall con-
duct a study to determine whether the Amer-
ican Health Benefit Exchanges, including the 
Exchange administered by the Federal Govern-
ment, and all other point of enrollment options 
(including telephone and postal options), are 
fully functional and operating in a manner con-
sistent with the role envisioned for Exchanges 
under this Act, and submit to the appropriate 
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committees of Congress a report concerning the 
results of such study. 
‘‘(B) SUBSEQUENT
STUDIES
AND
RE-
PORTS.—If, based on the results of the study 
conducted under subparagraph (A), the Comp-
troller General determines that the Exchanges 
are not fully functional and operating in a man-
ner consistent with the role envisioned for Ex-
changes under this Act, the Comptroller Gen-
eral shall conduct one or more subsequent stud-
ies every 60 days (and submit reports based on 
the results of such studies) until the Comp-
troller General determines that the Exchanges 
are fully functional and operating in such man-
ner. 
‘‘(3) CERTIFICATION.—Upon the submission of 
a report under paragraph (2) that determines that 
the American Health Benefit Exchanges are fully 
functional and operating in a manner consistent 
with the role envisioned for Exchanges under this 
Act, the Inspector General for the Department of 
Health and Human Services shall submit to Con-
gress a certification (in writing) of the results of 
such report. 
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‘‘(4) ADJUSTMENT OF DATES.—In applying sec-
tion 5000A of the Internal Revenue Code of 1986, 
the Secretary of the Treasury shall adjust the dates 
in such section accordingly based on the application 
of this subsection.’’. 
(b) EXEMPTION FROM PENALTY.—Section 5000A of 
the Internal Revenue Code of 1986 is amended by adding 
at the end the following: 
‘‘(h) EXEMPTION.—The provisions of this section 
shall not apply to an individual who is unable to enroll 
in a qualified health plan because of the technical or cus-
tomer service issues of an American Health Benefit Ex-
change, as determined by the Secretary.’’. 
Æ 
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