I 112th CONGRESS 1st Session H. R. 1286 IN THE HOUSE OF REPRESENTATIVES March 31, 2011 Mrs. Bachmann (for herself, Mr. Kingston, Mr. Gohmert, Mr. Hensarling, Mr. Broun of Georgia, Mr. Rehberg, Mr. Neugebauer, Mr. Franks of Arizona, Mr. Graves of Missouri, Mr. Tipton, Mr. Scalise, Mr. Stutzman, Mr. Ribble, Mr. DesJarlais, Mr. Manzullo, Mr. Pearce, Mr. Lamborn, Mr. Fleming, Mr. Benishek, Mr. Flores, Mr. Fortenberry, Mr. Canseco, Mr. Huizenga of Michigan, Mr. Walberg, Mr. Pence, Mr. Duncan of South Carolina, Mr. Southerland, Mr. Harris, Mrs. Hartzler, and Mr. Schweikert) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means and Education and the Workforce, 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 fiscal accountability for new direct funding under the Patient Protection and Affordable Care Act by converting its direct funding into authorizations of appropriations and by rescinding unobligated direct funding.

1.

Short title

This Act may be cited as the Healthcare Fiscal Accountability Act of 2011.

2.

Converting PPACA direct funding to authorizations of appropriations and rescinding unobligated PPACA direct funding

(a)

In general

Notwithstanding any other provision of law, for each provision described in column 1 in the table specified in subsection (b), the following rules shall apply: (1)

Direct appropriations

(A)

Conversion to authorizations of appropriations

For each such provision that provides for a direct appropriation of funds for fiscal year 2012 or a subsequent fiscal year and for which special rule #1 or special rule #2 does not apply under column 3 of such table, such appropriation is deemed only to be an authorization of appropriations and amounts are available under such provision only pursuant to appropriations made after the date of the enactment of this Act. (B)

Rescission of unobligated appropriations

Of the funds available pursuant to a direct appropriation under such provision for which special rule #1 or special rule #2 does not apply under column 3 of such table, the unobligated balance is rescinded. (2)

Fund transfers

(A)

Conversion to authorization of transfer subject to appropriations

For each such provision that provides for a transfer of funds for fiscal year 2012 or a subsequent fiscal year, such transfer is deemed only to be an authorization of such transfer in such amounts as are provided in advance in appropriations acts enacted after the date of the enactment of this Act. (B)

Restoration of transferred funds

Amounts transferred under such provision which have not been obligated as of the date of the enactment of this Act shall be restored to the Trust Fund or other fund from which they were transferred. (3)

Special rules

(A)

Special rule #1 for certain extensions of appropriations beginning after fiscal year 2011

For each such provision for which column 3 of such table specifies that special rule #1 applies, the amendment (or amendments) made by the section in column 2 is repealed and such provision is restored as if PPACA had not been enacted. (B)

Special rule #2 for certain extensions of appropriations beginning before fiscal year 2012

For each such provision for which column 3 of such table specifies that special rule #2 applies— (i)the amendment (or amendments) made by the section in column 2 is repealed and such provision is restored as if PPACA had not been enacted, except that such repeal shall not apply to fiscal year 2010 or fiscal year 2011; and (ii)of the funds available pursuant to the operation of such amendment (or amendments) for fiscal year 2010 or fiscal year 2011, the unobligated balance is rescinded. (b)

Table

The table specified in this subsection is as follows (with provisions listed in the order in which they, or the section amending such provision, appear in PPACA, followed by provisions in HCERA): Column 1: Provision containing direct appropriation or transferColumn 2: Amendatory section (if any) in PPACA or other lawColumn 3: Special rule (if any) that applies Section 2793(e)(1) of PHSAas added by 1002 of PPACA Section 2974(c)(2)(A) of PHSAas added by 1003 of PPACA Section 1101(g)(1) of PPACA Section 1102(e) of PPACA Section 1311(a)(1) of PPACA Section 1322(g) of PPACA Section 1323(c)(1) of PPACA as inserted by 1204(a) of HCERA Section 6071(h) of the Deficit Reduction Act of 2005 (Public Law 109–171)as amended by section 2403(a)(1) of PPACA Section 2405 of PPACA Section 1139B(e) of SSAas inserted by 2701 of PPACA Section 2707(e)(1)(A) of PPACA Section 1900(f)(3) of SSAas added by section 2801(a)(5)(C) of PPACA Section 511(j)(1) of SSAas added by section 2951 of PPACA Section 513(f) of SSAas added by section 2953 of PPACA Section 510(d) of SSAas amended by section 2954 of PPACAspecial rule #2 Section 3014(c) of PPACA Section 1115A(f) of SSAas inserted by section 3021(a) of PPACA Section 1866E(h) of SSAas inserted by section 3024 of PPACA Section 3026(f) of PPACA Section 5007(f)(1) of the Deficit Reduction Act of 2005 (Public Law 109–171) as amended by section 3027(b)(1) of PPACA Section 3113(e) of PPACA Section 119(a)(1)(B) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275)as amended by section 3306(a) of PPACA Section 119(b)(1)(B) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275)as amended by section 3306(b) of PPACA Section 119(c)(1)(B) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275)as amended by section 3306(c) of PPACA Section 119(d)(2) of the Medicare Improvements for Patients and Providers Act of 2008 (Public Law 110–275)as amended by section 3306(d) of PPACA Section 1899A(m) of SSAas added by section 3403 and amended by section 10320(a) of PPACA Section 4002(b) of PPACA Section 4101(a)(5) of PPACA Section 4108(f) of PPACA Section 4202(b)(4) of PPACA Section 4204(e)(3) of PPACA Section 1139A(e)(8) of SSAas amended by section 4306 of PPACA Section 2008(c)(1) of SSA as added by section 5507(a) of PPACA Section 501(c)(1)(A) of SSAas amended by section 5507(b) of PPACAspecial rule #2 Section 340H(g) of the PHSAas added by section 5508(c) of PPACA Section 5509(d)(1) of PPACA Section 6201(b)(2) of PPACA Section 1183(a) of SSAas added by section 6301(d) of PPACA Section 9511(b)(1) of the Internal Revenue Code of 1986as added by section 6301(e)(1)(A) of PPACA Section 1817(k)(7) of SSAas added by section 6402(i) of PPACA Section 6021(d)(3) of the Deficit Reduction Act of 2005 (Public Law 107–171)as amended by section 8002(d)(2) PPACAspecial rule #2 Section 9023(e)(10) of PPACA Section of 2104(a) of SSAas amended by section 10203(d)(1) of PPACAspecial rule #1 Section 2104(n)(2)(A) of SSAas amended by section 10203(d)(2)(B) of PPACAspecial rule #1 Section 2113(g) of SSAas amended by section 10203(d)(2)(E)(ii) of PPACAspecial rule #1 Section 10214 of PPACA Section 1881A (b)(7) of SSAas inserted by section 10323(a) of PPACA Section 2009(e)(1) of SSAas added by section 10323(b) of PPACA Section 10502(a) of PPACA Section 10503(b) of PPACA Section 10503(c) of PPACA Section 1005(b) of HCERA Section 1817(k)(8) of SSAas added by section 1303(a) of HCERA (c)

Definitions

In this section: (1)The term PPACA means the Patient Protection and Affordable Care Act (Public Law 111–148). (2)The term HCERA means the Health Care and Education Reconciliation Act of 2010 (Public Law 111–152). (3)The term SSA means the Social Security Act. (4)The term PHSA means the Public Health Service Act.