What This Bill Does
This bill creates an exemption from the requirement to maintain health insurance coverage for individuals living in counties where fewer than 2 insurance companies offer plans. It also changes the health insurance rules that apply to Members of Congress, congressional staff, and certain executive branch officials to require them to use the same health insurance exchanges (marketplaces where people can buy coverage) that are available to the general public.
##
Who It Affects
- Individuals living in counties with fewer than 2 health insurance companies offering plans on an Exchange
- Members of Congress
- Congressional staff
- The President and Vice President
- Political appointees in the executive branch (the part of government that carries out laws)
##
Key Provisions
- Individuals living in counties where fewer than 2 health insurance companies offer qualified health plans on an Exchange are exempt from the requirement to maintain health coverage (Sec. 2(a))
- Members of Congress, congressional staff, the President, the Vice President, and political appointees must obtain health insurance coverage through an Exchange (Sec. 3)
- The federal government will not provide health insurance contributions for Members of Congress, congressional staff, the President, the Vice President, or political appointees (Sec. 3)
- Members of Congress cannot decide which of their employees are allowed to enroll in Exchange coverage (Sec. 3)
##
What Changes
If this bill becomes law, people in counties with only 1 or no health insurance companies offering plans through an Exchange would no longer be required to have health coverage. Congress members and their staff would use the same public health insurance marketplaces available to other Americans instead of their current system, and they would no longer receive government contributions toward their premiums (the monthly cost of insurance).
##
Important Definitions
- **Exchange**: A marketplace where individuals can compare and buy qualified health plans
- **Qualified health plans**: Health insurance plans that meet certain requirements
- **Political appointee**: An individual employed in an Executive Schedule position, a limited-term or noncareer position in the Senior Executive Service, or a confidential or policy-determining position in the executive branch
##
Effective Date
The exemption for individuals in areas with fewer than 2 health insurance issuers applies to months beginning after the date this bill becomes law (Sec. 2(b)).
I
118TH CONGRESS
1ST SESSION
H. R. 127
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 9, 2023
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 Accountability, 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 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-
1
tives of the United States of America in Congress assembled,
2
VerDate Sep 11 2014
02:47 Jan 18, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
pbinns on DSKJLVW7X2PROD with $$_JOB
2
•HR 127 IH
SECTION 1. SHORT TITLE.
1
This Act may be cited as the ‘‘Protection from
2
Obamacare Mandates and Congressional Equity Act’’.
3
SEC. 2. MODIFICATIONS TO EXEMPTION FROM REQUIRE-
4
MENT TO MAINTAIN HEALTH COVERAGE.
5
(a) EXEMPTION FOR INDIVIDUALS IN AREAS WITH
6
FEWER THAN 2 ISSUERS OFFERING PLANS ON AN EX-
7
CHANGE.—Section 5000A(e) of the Internal Revenue Code
8
of 1986 is amended by adding at the end the following
9
new paragraph:
10
‘‘(6) INDIVIDUALS
IN
AREAS
WITH
FEWER
11
THAN
2
ISSUERS
OFFERING
PLANS
ON
AN
EX-
12
CHANGE.—
13
‘‘(A) IN GENERAL.—Any applicable indi-
14
vidual for any period during a calendar year if
15
there are fewer than 2 health insurance issuers
16
offering qualified health plans on an Exchange
17
for such period in the county in which the ap-
18
plicable individual resides.
19
‘‘(B) AGGREGATION RULES.—For purposes
20
of subparagraph (A), all health insurance
21
issuers treated as a single employer under sub-
22
section (a) or (b) of section 52, or subsection
23
(m) or (o) of section 414, shall be treated as a
24
single health insurance issuer.’’.
25
VerDate Sep 11 2014
02:47 Jan 18, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
pbinns on DSKJLVW7X2PROD with $$_JOB
3
•HR 127 IH
(b) EFFECTIVE DATE.—The amendments made by
1
this section shall apply to months beginning after the date
2
of the enactment of this Act.
3
SEC. 3. HEALTH INSURANCE COVERAGE FOR CERTAIN
4
CONGRESSIONAL STAFF AND MEMBERS OF
5
THE EXECUTIVE BRANCH.
6
Section 1312(d)(3)(D) of the Patient Protection and
7
Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is
8
amended—
9
(1) by striking the subparagraph heading and
10
inserting the following:
11
‘‘(D) MEMBERS OF CONGRESS, CONGRES-
12
SIONAL STAFF, AND POLITICAL APPOINTEES IN
13
THE EXCHANGE.—’’;
14
(2) in clause (i), in the matter preceding sub-
15
clause (I)—
16
(A) by striking ‘‘and congressional staff
17
with’’ and inserting ‘‘, congressional staff, the
18
President, the Vice President, and political ap-
19
pointees with’’; and
20
(B) by striking ‘‘or congressional staff
21
shall’’ and inserting ‘‘, congressional staff, the
22
President, the Vice President, or a political ap-
23
pointee shall’’;
24
(3) in clause (ii)—
25
VerDate Sep 11 2014
02:47 Jan 18, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
pbinns on DSKJLVW7X2PROD with $$_JOB
4
•HR 127 IH
(A) in subclause (II), by inserting after
1
‘‘Congress,’’ the following: ‘‘of a committee of
2
Congress, or of a leadership office of Con-
3
gress,’’; and
4
(B) by adding at the end the following:
5
‘‘(III) POLITICAL
APPOINTEE.—
6
The term ‘political appointee’ means
7
any individual who—
8
‘‘(aa) is employed in a posi-
9
tion described under sections
10
5312 through 5316 of title 5,
11
United States Code (relating to
12
the Executive Schedule);
13
‘‘(bb) is a limited term ap-
14
pointee, limited emergency ap-
15
pointee, or noncareer appointee
16
in the Senior Executive Service,
17
as defined under paragraphs (5),
18
(6), and (7), respectively, of sec-
19
tion 3132(a) of title 5, United
20
States Code; or
21
‘‘(cc) is employed in a posi-
22
tion in the executive branch of
23
the Government of a confidential
24
or policy-determining character
25
VerDate Sep 11 2014
02:47 Jan 18, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
pbinns on DSKJLVW7X2PROD with $$_JOB
5
•HR 127 IH
under schedule C of subpart C of
1
part 213 of title 5 of the Code of
2
Federal Regulations.’’; and
3
(4) by adding at the end the following:
4
‘‘(iii) GOVERNMENT CONTRIBUTION.—
5
No Government contribution under section
6
8906 of title 5, United States Code, shall
7
be provided on behalf of an individual who
8
is a Member of Congress, a congressional
9
staff member, the President, the Vice
10
President, or a political appointee for cov-
11
erage under this paragraph.
12
‘‘(iv) LIMITATION ON AMOUNT OF TAX
13
CREDIT OR COST SHARING.—An individual
14
enrolling in health insurance coverage pur-
15
suant to this paragraph shall not be eligi-
16
ble to receive a tax credit under section
17
36B of the Internal Revenue Code of 1986
18
or reduced cost sharing under section 1402
19
of this Act in an amount that exceeds the
20
total amount for which a similarly situated
21
individual (who is not so enrolled) would be
22
entitled to receive under such sections.
23
‘‘(v) LIMITATION ON DISCRETION FOR
24
DESIGNATION
OF
STAFF.—Notwithstand-
25
VerDate Sep 11 2014
02:47 Jan 18, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H127.IH
H127
pbinns on DSKJLVW7X2PROD with $$_JOB
6
•HR 127 IH
ing any other provision of law, a Member
1
of Congress shall not have discretion in de-
2
terminations with respect to which employ-
3
ees employed by the office of such Member
4
are eligible to enroll for coverage through
5
an Exchange.
6
‘‘(vi)
CLARIFICATION.—The
terms
7
‘small employer’ (as defined under section
8
1304(b)(2)) and ‘qualified employers’ (as
9
defined under subsection (f)) do not in-
10
clude the Congress, with respect to enroll-
11
ments in an Exchange and a SHOP Ex-
12
change.’’.
13
Æ
VerDate Sep 11 2014
02:47 Jan 18, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6301
E:\BILLS\H127.IH
H127
pbinns on DSKJLVW7X2PROD with $$_JOB