SEC. 2. EXEMPTION FROM ACA INDIVIDUAL MANDATE FOR 
INDIVIDUALS RESIDING IN STATES WITH AN 
EXCHANGE FOR WHICH THE WEBSITE HAS 
NOT 
RECEIVED 
A 
CERTIFICATION 
OF 
FUNCTIONALITY. 
(a) HHS CERTIFICATION.—The Inspector General of 
the Department of Health and Human Services shall cer-
tify the Website of an Exchange established under title 
I of the Patient Protection and Affordable Care Act (Pub-
lic Law 111–148) once such Website is determined, based 
on the criteria specified under subsection (b), to be fully 
functional for the purpose of enrolling through such Ex-
change in qualified health plans (as defined in section 
1301(a) of such Act (42 U.S.C. 18021(a))). 
(b) CRITERIA.—Not later than 30 days after the date 
of the enactment of this Act, the Comptroller General of 
the United States shall specify criteria for determining 
whether the Website of an Exchange described in sub-
section (a) is fully functional for the purpose described 
in such subsection. 
(c) SPECIAL
ENROLLMENT
PERIOD
FOLLOWING 
DATE OF CERTIFICATION.—Section 1311(c)(6) of the Pa-
tient Protection and Affordable Care Act (42 U.S.C. 
18031(c)(6)) is amended— 
(1) in subparagraph (C), by striking at the end 
‘‘and’’; 
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(2) in subparagraph (D), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(E) in the case of an Exchange for which 
the Website is certified under section 2(a) of 
the Fairness for Individuals Using Exchange 
Websites Act of 2013 after December 31, 2013, 
a special enrollment period of at least 3 months 
beginning after the date of such certification.’’. 
(d) EXEMPTION
FROM
ACA INDIVIDUAL
MAN-
DATE.—Section 5000A(e) of the Internal Revenue Code 
of 1986 is amended by adding at the end the following 
new paragraph: 
‘‘(6) INDIVIDUALS UNABLE TO ENROLL IN A 
HEALTH PLAN ONLINE.— 
‘‘(A) INDIVIDUALS
RESIDING
IN
STATES 
WITH
UNCERTIFIED
EXCHANGE
WEBSITES.— 
Any applicable individual for any month during 
which the individual resides in a State for 
which the Exchange Website is not certified 
under section 2(a) of the Fairness for Individ-
uals Using Exchange Websites Act of 2013. 
‘‘(B) INDIVIDUALS
RESIDING
IN
STATES 
WITH EXCHANGE WEBSITES CERTIFIED AFTER 
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DECEMBER 31, 2013.—In the case of an Ex-
change for a State with respect to which the 
Website is certified under section 2(a) of the 
Fairness 
for 
Individuals 
Using 
Exchange 
Websites Act of 2013 after December 31, 2013, 
any applicable individual for any month— 
‘‘(i) beginning before the last day of 
the special enrollment period provided by 
such 
Exchange 
pursuant 
to 
section 
1311(c)(6)(E) of the Patient Protection 
and Affordable Care Act; and 
‘‘(ii) during which the individual re-
sides in such State.’’. 
(e) EFFECTIVE DATE.—The amendments made by— 
(1) subsection (c) shall take effect as if included 
in the enactment of section 1311 of the Patient Pro-
tection and Affordable Care Act (42 U.S.C. 18031); 
and 
(2) subsection (d) shall take effect as if in-
cluded in the amendments made by section 1501 of 
such Act. 
Æ 
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