[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3359 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3359

  To provide for a delay of the individual mandate under the Patient 
 Protection and Affordable Care Act until the American Health Benefit 
                  Exchanges are functioning properly.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2013

   Mr. Radel (for himself, Mr. Cook, Mr. Gohmert, Mr. McKinley, Mr. 
  Messer, Mr. Collins of New York, Mr. Simpson, Mr. Westmoreland, Mr. 
Rodney Davis of Illinois, Mr. Chabot, Mr. Neugebauer, Mr. Diaz-Balart, 
 Mr. Bishop of Utah, Mr. Jones, Mr. Rokita, Ms. Ros-Lehtinen, and Mr. 
   Garrett) introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on 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 provide for a delay of the individual mandate under the Patient 
 Protection and Affordable Care Act until the American Health Benefit 
                  Exchanges are functioning properly.

    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 ``Delay Until Fully Functional Act of 
2013''.

SEC. 2. DELAY IN THE INDIVIDUAL MANDATE AND EXEMPTION FROM PENALTY.

    (a) Delay in Applicability.--Section 1501(d) of the Patient 
Protection and Affordable Care Act (42 U.S.C. 18091(d)) is amended to 
read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--The amendments made by this section 
        shall apply to taxable years beginning 6 months after the date 
        on which the Inspector General of the Department of Health and 
        Human Services submits to Congress the certification described 
        in paragraph (3).
            ``(2) GAO study and report.--
                    ``(A) In general.--Not later than 30 days after the 
                date of enactment of the Delay Until Fully Functional 
                Act of 2013, the Comptroller General of the United 
                States shall conduct a study to determine whether the 
                American Health Benefit Exchanges, including the 
                Exchange administered by the Federal Government, and 
                all other point of enrollment options (including 
                telephone and postal options), are fully functional and 
                operating in a manner consistent with the role 
                envisioned for Exchanges under this Act, and submit to 
                the appropriate committees of Congress a report 
                concerning the results of such study.
                    ``(B) Subsequent studies and reports.--If, based on 
                the results of the study conducted under subparagraph 
                (A), the Comptroller General determines that the 
                Exchanges are not fully functional and operating in a 
                manner consistent with the role envisioned for 
                Exchanges under this Act, the Comptroller General shall 
                conduct one or more subsequent studies every 60 days 
                (and submit reports based on the results of such 
                studies) until the Comptroller General determines that 
                the Exchanges are fully functional and operating in 
                such manner.
            ``(3) Certification.--Upon the submission of a report under 
        paragraph (2) that determines that the American Health Benefit 
        Exchanges are fully functional and operating in a manner 
        consistent with the role envisioned for Exchanges under this 
        Act, the Inspector General for the Department of Health and 
        Human Services shall submit to Congress a certification (in 
        writing) of the results of such report.
            ``(4) Adjustment of dates.--In applying section 5000A of 
        the Internal Revenue Code of 1986, the Secretary of the 
        Treasury shall adjust the dates in such section accordingly 
        based on the application of this subsection.''.
    (b) Exemption From Penalty.--Section 5000A of the Internal Revenue 
Code of 1986 is amended by adding at the end the following:
    ``(h) Exemption.--The provisions of this section shall not apply to 
an individual who is unable to enroll in a qualified health plan 
because of the technical or customer service issues of an American 
Health Benefit Exchange, as determined by the Secretary.''.
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