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The Congressional Research Service believes a court could rule that the legislation "would exclude professional committee staff, joint committee staff, some shared staff, as well as potentially those staff employed by leadership offices.”Emphasis mine.
(D) MEMBERS OF CONGRESS IN THE EXCHANGE
(i) REQUIREMENT- Notwithstanding any other provision of law, after the effective date of this subtitle, the only health plans that the Federal Government may make available to Members of Congress and congressional staff with respect to their service as a Member of Congress or congressional staff shall be health plans that are--
(I) created under this Act (or an amendment made by this Act); or
(II) offered through an Exchange established under this Act (or an amendment made by this Act)
(ii) DEFINITIONS- In this section:
(I) MEMBER OF CONGRESS- The term 'Member of Congress' means any member of the House of Representatives or the Senate.
(II) CONGRESSIONAL STAFF- The term 'congressional staff' means all full-time and part-time employees employed by the official office of a Member of Congress, whether in Washington, DC or outside of Washington, DC.