[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3517 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 3517

 To amend the Patient Protection and Affordable Care Act to delay the 
individual health insurance mandate and any penalties for violating the 
   individual mandate until after there is a certification that the 
  healthcare.gov or other applicable State Exchange website is fully 
                  operational, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 15, 2013

 Mr. Schrader 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 amend the Patient Protection and Affordable Care Act to delay the 
individual health insurance mandate and any penalties for violating the 
   individual mandate until after there is a certification that the 
  healthcare.gov or other applicable State Exchange website is fully 
                  operational, 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 ``Federal and State Insurance Exchange 
Access Fairness and Penalty Delay Act of 2013''.

SEC. 2. DELAY IN APPLYING INDIVIDUAL HEALTH INSURANCE MANDATE AND 
              PENALTY FOR VIOLATING THE MANDATE BEFORE HEALTHCARE.GOV 
              OR OTHER APPLICABLE STATE WEBSITE IS CERTIFIED AS BEING 
              FULLY OPERATIONAL.

    Section 5000A of the Internal Revenue Code of 1986 is amended by 
adding at the end the following:
    ``(h) Delay in Application.--
            ``(1) In general.--The provisions of this section shall not 
        apply to an individual for any month that begins earlier than 
        30 days after the end of the extension of enrollment period 
        provided under paragraph (4). In applying the previous 
        provisions of this section, the Secretary of the Treasury shall 
        adjust the dates in this section accordingly based on the 
        application of this subsection.
            ``(2) GAO report on progress on making the exchange 
        websites fully operational.--Beginning not later than 30 days 
        after the date of the enactment of the Federal and State 
        Insurance Exchange Access Fairness and Penalty Delay Act of 
        2013 and monthly thereafter (until such time as the Inspector 
        General submits the certification under paragraph (3)), the 
        Comptroller General of the United States shall submit to 
        Congress and to the Inspector General for the Department of 
        Health and Human Services monthly reports on the progress of 
        the healthcare.gov website and applicable State Exchange 
        websites in becoming fully operational (as defined in paragraph 
        (5)).
            ``(3) Inspector general of health and human services 
        certification.--Taking into account the reports submitted under 
        paragraph (2), the Inspector General of the Department of 
        Health and Human Services shall make a determination on whether 
        or not the healthcare.gov website and each applicable State 
        Exchange website is fully operational and, if so, shall submit 
        to Congress (and post on an appropriate public website) a 
        certification that the healthcare.gov website or the applicable 
        State Exchange website (as the case may be) is fully 
        operational.
            ``(4) Extension of initial enrollment period.--The 
        Secretary of Health and Human Services shall take such steps as 
        are necessary to extend the initial enrollment period for 
        individuals in qualified health plans offered through Exchanges 
        under the Patient Protection and Affordable Care Act so that 
        such period does not end earlier than 90 days after--
                    ``(A) in the case of an individual residing in a 
                State with an applicable State Exchange website, the 
                date of the submittal to Congress of the certification 
                under paragraph (3) both for the healthcare.gov website 
                and for the applicable State Exchange website; or
                    ``(B) in the case of an individual residing in a 
                State without an applicable State Exchange website, the 
                date of the submittal to Congress of the certification 
                under paragraph (3) for the healthcare.gov website.
            ``(5) Fully operational defined.--In this subsection, the 
        term `fully operational' means, with respect to the 
        healthcare.gov website or an applicable State Exchange website, 
        that the website is fully functional and operating in a manner 
        consistent with the role envisioned for Exchanges under the 
        Patient Protection and Affordable Care Act (and the amendments 
        made by such Act).
            ``(6) Applicable state exchange website defined.--In this 
        subsection, the term `applicable State Exchange website' means 
        a website that is established by a State in connection with 
        enrollment activities in such State for an American Health 
        Benefits Exchange and that is separate from the healthcare.gov 
        website.''.
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