S. 1497

No Exemption for Washington from Obamacare Act

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II

113th CONGRESS

1st Session

S. 1497

IN THE SENATE OF THE UNITED STATES

September 12, 2013

Mr. Vitter (for himself, Mr. Enzi, Mr. Heller, Mr. Lee, Mr. Johnson of Wisconsin, and Mr. Inhofe) introduced the following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend the Patient Protection and Affordable Care Act to apply the provisions of the Act to certain Congressional staff and members of the executive branch.

1.

Short title

This Act may be cited as the No Exemption for Washington from Obamacare Act.

2.

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

In this subparagraph, 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.

.