Analysis of § 1312(d)(3)(D) of Pub. L. No. 111-148, The Patient Protection and Affordable Care Act, and its Potential Impact on Members of Congress and Congressional Staff

From: Jennifer A. Staman
Todd B. Tatelman
Legislative Attorneys
American Law Division

Ida Brudnick
Analyst on the Congress
Government and Finance Division

This memorandum provides an analysis of several legal and practical issues raised by the passage of § 1312(d)(3)(D) of Pub. L. No. 111-148, The Patient Protection and Affordable Care Act (PPACA), which relates to health plans for Members of Congress and congressional staff.1 First, this memorandum will address questions related to the effective date of this specific provision. Second, this memorandum will discuss the absence of a named administrative or implementing authority for Members of Congress and covered congressional staff. Third, this memorandum will discuss potential statutory interpretations of the definition of the term "Member of Congress"2 and whether it includes non-voting participants, such as Delegates, the Resident Commissioner of Puerto Rico, and their staff. Next, this memorandum will address how the definition of the term "congressional staff" could be interpreted with respect to personal staff, committee staff, leadership staff, and other employees of Congress. Finally, this memorandum will consider issues related to the availability of the Federal Employee Health Benefits Program (FEHBP) both with respect to current Members and covered congressional staff as well as Members and covered congressional staff that assume their positions after the effective date of the provision.


Date of Report: April 2, 2010
Number of Pages: 13
Order Number: M-040210-A
Price: $29.95

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