119-hr127

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 127 Introduced in House

    (IH) ]

<DOC>

119th 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 3, 2025

Mr. Biggs of Arizona 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 
 Government 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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