[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 360 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 360

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 20, 2011

     Mr. Burgess (for himself, Mr. Paul, Mr. Roe of Tennessee, Mr. 
     Neugebauer, Mr. Broun of Georgia, Mr. McCaul, Mr. Jones, Mr. 
   LaTourette, Mr. Heller, Mrs. Blackburn, Mr. Platts, Mr. Mica, Mr. 
Bonner, Mr. Marchant, Mr. Rogers of Michigan, Mr. Young of Alaska, Mr. 
   Wittman, Mr. Murphy of Pennsylvania, Mrs. Myrick, Mr. Walden, Mr. 
Crawford, Mr. Calvert, Mr. Olson, Mrs. McMorris Rodgers, Mr. Kline, Mr. 
   Posey, and Mr. Nunnelee) 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 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 (42 U.S.C. 18032(d)(3)(D)) 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 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.
                                 <all>