Title: Protection from Obamacare Mandates and Congressional Equity Act
Policy area: Government Operations and Politics

Summary:
Protection from Obamacare Mandates and Congressional Equity Act
This bill alters provisions relating to the requirement to maintain minimum essential health care coverage (i.e., the individual mandate), as well as provisions relating to health care coverage for certain executive branch and congressional employees.
Specifically, the bill exempts individuals from the requirement to maintain minimum essential health care coverage if they reside in a county where fewer than two health insurers offer insurance on the health insurance exchange. Under current law, there is no penalty for failing to maintain minimum essential health care coverage.
The bill also requires certain executive branch and congressional employees to participate in health insurance exchanges. Under current law, Members of Congress and their designated staff are required to obtain coverage through health insurance exchanges, rather than the Federal Employee Health Benefits (FEHB) Program. Current regulations authorize government contributions toward such coverage and require Members of Congress to designate which members of their staff are required to obtain coverage through an exchange.
The bill requires all congressional staff, including employees of congressional committees and leadership offices, to obtain coverage through an exchange. The bill also prohibits Members of Congress from having the discretion to determine which of their employees are eligible to enroll through an exchange. Further, the President, Vice President, and executive branch political appointees must also obtain coverage through exchanges, rather than FEHB. The government is prohibited from contributing to or subsidizing the health insurance coverage of the officials and employees subject to this requirement, including Members of Congress and their staff.



[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 64 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                 H. R. 64

 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 4, 2021

  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 period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee 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 
 congressional 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 Representatives of the 
United States of America in Congress assembled,

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 REQUIREMENT TO MAINTAIN HEALTH 
              COVERAGE.

    (a) Exemption for Individuals in Areas With Fewer Than 2 Issuers 
Offering Plans on an Exchange.--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 2 issuers 
        offering plans on an exchange.--
                    ``(A) In general.--Any applicable individual 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 applicable individual resides.
                    ``(B) Aggregation rules.--For purposes of 
                subparagraph (A), all health insurance issuers treated 
                as a single employer under subsection (a) or (b) of 
                section 52, or subsection (m) or (o) of section 414, 
                shall be treated as a single health insurance 
                issuer.''.
    (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, congressional staff, and 
                political appointees in the exchange.--'';
            (2) in clause (i), in the matter preceding subclause (I)--
                    (A) by striking ``and congressional staff with'' 
                and inserting ``, congressional staff, the President, 
                the Vice President, and political appointees with''; 
                and
                    (B) by striking ``or congressional staff shall'' 
                and inserting ``, congressional staff, the President, 
                the Vice President, or a political appointee shall'';
            (3) in clause (ii)--
                    (A) in subclause (II), by inserting after 
                ``Congress,'' the following: ``of a committee of 
                Congress, or of a leadership office of Congress,''; 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 
                                        position described under 
                                        sections 5312 through 5316 of 
                                        title 5, United States Code 
                                        (relating to the Executive 
                                        Schedule);
                                            ``(bb) is a limited term 
                                        appointee, limited emergency 
                                        appointee, or noncareer 
                                        appointee in the Senior 
                                        Executive Service, as defined 
                                        under paragraphs (5), (6), and 
                                        (7), respectively, of section 
                                        3132(a) of title 5, United 
                                        States Code; or
                                            ``(cc) is employed in a 
                                        position in the executive 
                                        branch of the Government of a 
                                        confidential or policy-
                                        determining character 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 coverage under this paragraph.
                            ``(iv) Limitation on amount of tax credit 
                        or cost sharing.--An individual enrolling in 
                        health insurance coverage pursuant to this 
                        paragraph shall not be eligible 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.--Notwithstanding any 
                        other provision of law, a Member of Congress 
                        shall not have discretion in determinations 
                        with respect to which employees 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 include the Congress, 
                        with respect to enrollments in an Exchange and 
                        a SHOP Exchange.''.
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