I 
113TH CONGRESS 
1ST SESSION H. R. 3517 
To amend the Patient Protection and Affordable Care Act to delay the 
individual health insurance mandate and any penalties for violating the 
individual mandate until after there is a certification that the 
healthcare.gov or other applicable State Exchange website is fully oper-
ational, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 15, 2013 
Mr. SCHRADER introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committee on Energy 
and Commerce, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To amend the Patient Protection and Affordable Care Act 
to delay the individual health insurance mandate and 
any penalties for violating the individual mandate until 
after there is a certification that the healthcare.gov or 
other applicable State Exchange website is fully oper-
ational, 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 ‘‘Federal and State In-
surance Exchange Access Fairness and Penalty Delay Act 
of 2013’’. 
SEC. 2. DELAY IN APPLYING INDIVIDUAL HEALTH INSUR-
ANCE MANDATE AND PENALTY FOR VIO-
LATING 
THE 
MANDATE 
BEFORE 
HEALTHCARE.GOV OR OTHER APPLICABLE 
STATE WEBSITE IS CERTIFIED AS BEING 
FULLY OPERATIONAL. 
Section 5000A of the Internal Revenue Code of 1986 
is amended by adding at the end the following: 
‘‘(h) DELAY IN APPLICATION.— 
‘‘(1) IN GENERAL.—The provisions of this sec-
tion shall not apply to an individual for any month 
that begins earlier than 30 days after the end of the 
extension of enrollment period provided under para-
graph (4). In applying the previous provisions of this 
section, the Secretary of the Treasury shall adjust 
the dates in this section accordingly based on the 
application of this subsection. 
‘‘(2) GAO REPORT ON PROGRESS ON MAKING 
THE EXCHANGE WEBSITES FULLY OPERATIONAL.— 
Beginning not later than 30 days after the date of 
the enactment of the Federal and State Insurance 
Exchange Access Fairness and Penalty Delay Act of 
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2013 and monthly thereafter (until such time as the 
Inspector General submits the certification under 
paragraph (3)), the Comptroller General of the 
United States shall submit to Congress and to the 
Inspector General for the Department of Health and 
Human Services monthly reports on the progress of 
the healthcare.gov website and applicable State Ex-
change websites in becoming fully operational (as de-
fined in paragraph (5)). 
‘‘(3) INSPECTOR
GENERAL
OF
HEALTH
AND 
HUMAN SERVICES CERTIFICATION.—Taking into ac-
count the reports submitted under paragraph (2), 
the Inspector General of the Department of Health 
and Human Services shall make a determination on 
whether or not the healthcare.gov website and each 
applicable State Exchange website is fully oper-
ational and, if so, shall submit to Congress (and 
post on an appropriate public website) a certification 
that the healthcare.gov website or the applicable 
State Exchange website (as the case may be) is fully 
operational. 
‘‘(4) EXTENSION OF INITIAL ENROLLMENT PE-
RIOD.—The Secretary of Health and Human Serv-
ices shall take such steps as are necessary to extend 
the initial enrollment period for individuals in quali-
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fied health plans offered through Exchanges under 
the Patient Protection and Affordable Care Act so 
that such period does not end earlier than 90 days 
after— 
‘‘(A) in the case of an individual residing 
in a State with an applicable State Exchange 
website, the date of the submittal to Congress 
of the certification under paragraph (3) both 
for the healthcare.gov website and for the appli-
cable State Exchange website; or 
‘‘(B) in the case of an individual residing 
in a State without an applicable State Ex-
change website, the date of the submittal to 
Congress of the certification under paragraph 
(3) for the healthcare.gov website. 
‘‘(5) FULLY OPERATIONAL DEFINED.—In this 
subsection, the term ‘fully operational’ means, with 
respect to the healthcare.gov website or an applica-
ble State Exchange website, that the website is fully 
functional and operating in a manner consistent 
with the role envisioned for Exchanges under the 
Patient Protection and Affordable Care Act (and the 
amendments made by such Act). 
‘‘(6) APPLICABLE STATE EXCHANGE WEBSITE 
DEFINED.—In this subsection, the term ‘applicable 
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State Exchange website’ means a website that is es-
tablished by a State in connection with enrollment 
activities in such State for an American Health Ben-
efits Exchange and that is separate from the 
healthcare.gov website.’’. 
Æ 
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