I 111th CONGRESS 2d Session H. R. 4951 IN THE HOUSE OF REPRESENTATIVES March 25, 2010 Mr. Burgess (for himself, Mr. Herger, Mr. Carter, Mr. Boehner, Mr. Kirk, Mr. Issa, Mr. Platts, Mr. Culberson, Mr. Poe of Texas, Mr. Young of Alaska, Mr. Thompson of Pennsylvania, Mr. Mica, Mr. Calvert, Mr. Neugebauer, Mr. Gingrey of Georgia, Mr. Wilson of South Carolina, Mr. Rogers of Michigan, Mrs. Bachmann, Mrs. Blackburn, Mr. Roe of Tennessee, Mr. Paul, Mr. Scalise, Mr. Sam Johnson of Texas, Mr. Heller, Mr. Smith of Texas, Mr. Hall of Texas, Mr. Campbell, and Mr. Fortenberry) introduced the following bill; which was referred to the Committee on Oversight and Government Reform, and in addition to the Committees on House Administration and Energy and Commerce, 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 Patient Protection and Affordable Care Act to provide for participation in the Exchange of the President, Vice-President, Members of Congress, political appointees, and congressional staff.

1.

Participation of President, Vice President, Members of Congress, political appointees, and Congressional staff in the exchange

(a)

In general

Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act is amended to read as follows: (D)

President, Vice President, political appointees, Members of Congress, and Congressional staff in the exchange

(i)

In general

Notwithstanding chapter 89 of title 5, United States Code, or any provision of this title— (I)the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee shall be treated as a qualified individual entitled to the right under this paragraph to enroll in a qualified health plan in the individual market offered through an Exchange in the State in which the individual resides; and (II)any employer contribution under such chapter on behalf of the President, the Vice President, any political appointee, any Member of Congress, and any Congressional employee may be paid only to the issuer of a qualified health plan in which the individual enrolled in through such Exchange and not to the issuer of a plan offered through the Federal employees health benefit program under such chapter. (ii)

Payments by Federal government

The Secretary, in consultation with the Director of the Office of Personnel Management, shall establish procedures under which— (I)the employer contributions under such chapter on behalf of the President, the Vice President, each political appointee, each Member of Congress, and each Congressional employee are determined and actuarially adjusted for individual or family coverage, rating areas, and age (in accordance with clauses (i) through (iii) of section 2701(a)(1)(A) of the Public Health Service Act); and (II)the employer contributions may be made directly to an Exchange for payment to an issuer. (iii)

Political appointee

In this subparagraph, the term political appointee means any individual who— (I)is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule); (II)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 (III)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. (iv)

Congressional employee

In this subparagraph, the term Congressional employee means an employee whose pay is disbursed by the Secretary of the Senate or the Chief Administrative Officer of the House of Representatives. . (b)

Effective date

The amendment made by this section shall take effect as if included in the Patient Protection and Affordable Care Act.