I 112th CONGRESS 2d Session H. R. 4064 IN THE HOUSE OF REPRESENTATIVES February 16, 2012 Mr. Mulvaney (for himself, Mr. Duncan of South Carolina, Mr. Wilson of South Carolina, Mr. Walsh of Illinois, Mr. Canseco, Mr. Broun of Georgia, Mr. Fincher, Mr. Westmoreland, Mr. Graves of Georgia, Mr. Schweikert, Mr. Marchant, Mr. Flores, Mr. Roe of Tennessee, Mr. Yoder, and Mr. Huelskamp) 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 Internal Revenue Code of 1986 to repeal certain tax increases.
1.
Short title; table of contents
(a)
Short title
This Act may be cited as the Keeping Promises to Taxpayers Act of 2012. (b)
Table of contents
The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Repeal of employer health insurance mandate. Sec. 3. Repeal of excise tax on high cost employer-sponsored health coverage. Sec. 4. Repeal of over-the-counter drug limitation. Sec. 5. Repeal of increase in medical expense threshold. Sec. 6. Repeal of limitation on health flexible spending arrangements under cafeteria plans. Sec. 7. Repeal of annual fee on health insurance providers. Sec. 8. Repeal of annual fee on branded prescription pharmaceutical manufacturers and importers. Sec. 9. Repeal of excise tax on medical device manufacturers. Sec. 10. Repeal of tax on indoor tanning services. Sec. 11. Repeal of PCORTF and fees imposed on insured and self-insured health plans. Sec. 12. Repeal of increase in additional tax on non-qualified distributions from HSAs and Archer MSAs. Sec. 13. Repeal of tobacco product excise tax increase.
2.
Repeal of employer health insurance mandate
(a)
In general
Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H. (b)
Repeal of related reporting requirements
Subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking section 6056. (c)
Conforming amendments
(1)Subparagraph (B) of section 6724(d)(1) of such Code is amended by striking clause (xxv), by inserting or at the end of clause (xxiii), by striking or and inserting and at the end of clause (xxiv). (2)Paragraph (2) of section 6724(d) of such Code is amended by striking subparagraph (HH), by inserting or at the end of subparagraph (FF), and by striking or at the end of subparagraph (GG) and inserting a period. (3)The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980H. (4)The table of sections for subpart D of part III of subchapter A of chapter 61 of such Code is amended by striking the item relating to section 6056. (5)Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (d)
Effective dates
(1)
In general
Except as otherwise provided in this subsection, the amendments made by this section shall apply to months and other periods beginning after December 31, 2013. (2)
Repeal of study and report
The amendment made by subsection (c)(5) shall take effect on the date of the enactment of this Act.
3.
Repeal of excise tax on high cost employer-sponsored health coverage
(a)
In general
Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980I. (b)
Clerical amendment
The table of sections for chapter 43 of such Code is amended by striking the item relating to section 4980I.
4.
Repeal of over-the-counter drug limitation
(a)
HSAs
Subparagraph (A) of section 223(d)(2) of the Internal Revenue Code of 1986 is amended by striking the last sentence. (b)
Archer MSAs
Subparagraph (A) of section 220(d)(2) of such Code is amended by striking the last sentence. (c)
Health flexible spending arrangements and health reimbursement arrangements
Section 105 of such Code is amended by striking subsection (f). (d)
Effective dates
(1)
Distributions
The amendments made by subsections (a) and (b) shall apply to amounts paid with respect to taxable years beginning after the date of the enactment of this Act. (2)
Reimbursements
The amendment made by subsection (c) shall apply to expenses incurred with respect to taxable years beginning after the date of the enactment of this Act.
5.
Repeal of increase in medical expense threshold
Section 9013 of the Patient Protection and Affordable Care Act, and the amendments made thereby, are hereby repealed; and the Internal Revenue Code of 1986 shall be applied and administered as if such section and amendments had never been enacted.
6.
Repeal of limitation on health flexible spending arrangements under cafeteria plans
Section 125 of the Internal Revenue Code of 1986 is amended by striking subsection (i) and by redesignating subsections (j) and (k) as subsections (i) and (j), respectively.
7.
Repeal of annual fee on health insurance providers
Section 9010 of the Patient Protection and Affordable Care Act is hereby repealed.
8.
Repeal of annual fee on branded prescription pharmaceutical manufacturers and importers
Effective for calendar years beginning after 2011, section 9008 of the Patient Protection and Affordable Care is repealed.
9.
Repeal of excise tax on medical device manufacturers
(a)
In general
Subchapter E of chapter 32 of the Internal Revenue Code of 1986 is hereby repealed. (b)
Conforming amendments
(1)Subsection (a) of section 4221 of such Code is amended by striking the last sentence. (2)Paragraph (2) of section 6416(b) of such Code is amended by striking the last sentence. (3)The table of subchapters for chapter 32 of such Code is amended by striking the item relating to subchapter E.
10.
Repeal of tax on indoor tanning services
(a)
In general
Chapter 49 of the Internal Revenue Code of 1986 is hereby repealed. (b)
Clerical amendment
The table of chapters for subtitle D of such Code is amended by striking the item relating to chapter 49. (c)
Effective date
The amendments made by this section shall apply to services performed after the date of the enactment of this Act.
11.
Repeal of PCORTF and fees imposed on insured and self-insured health plans
(a)
Trust fund
Section 9511 of the Internal Revenue Code of 1986 is hereby repealed. (b)
Insured and self-Insured health plans fee
Subchapter B of chapter 34 of such Code is hereby repealed. (c)
Clerical amendments
(1)The table of sections for subchapter A of chapter 98 of such Code is amended by striking the item relating to section 9511. (2)The table of subchapters for chapter 34 of such Code is amended by striking the item relating to subchapter B.
12.
Repeal of increase in additional tax on non-qualified distributions from HSAs and Archer MSAs
(a)
HSAs
Subparagraph (A) of section 223(f)(4) of the Internal Revenue Code of 1986 is amended by striking 20 percent and inserting 10 percent. (b)
Archer MSAs
Subparagraph (A) of section 220(f)(4) of such Code is amended by striking 20 percent and inserting 10 percent. (c)
Effective date
The amendments made by this section shall apply to distributions made after the date of the enactment of this Act.
13.
Repeal of tobacco product excise tax increase
(a)
In general
Each provision of the Internal Revenue Code of 1986 amended by section 701 of the Children’s Health Insurance Program Reauthorization Act of 2009 is amended as such provision would read if such section had never been enacted. (b)
Floor stocks refund
(1)
In general
On tobacco products and cigarette papers and tubes manufactured in or imported into the United States which are removed on or before the date of the enactment of this Act, and held on such date for sale by any person, there shall be credited or refunded (without interest) to the person who paid such tax (hereafter in this subsection referred to as the taxpayer) an amount equal to the excess of the tax paid by the taxpayer on the article over the amount of such tax which would be imposed on such article had the article been removed on the day after the date of the enactment of this Act. (2)
Time for filing claims
No credit or refund shall be allowed or made under this subsection unless claim therefor is filed with the Secretary of the Treasury before the date which is 6 months after the date of the enactment of this Act. (3)
Definitions
Any term used in this subsection which is also used in section 5702 of the Internal Revenue Code of 1986 shall have the same meaning as such term has in such section. (4)
Controlled groups
Rules similar to the rules of section 5061(e)(3) of such Code shall apply for purposes of this subsection. (c)
Effective date
The amendments made by this section shall apply to articles removed (as defined in section 5702(j) of the Internal Revenue Code of 1986) after the date of the enactment of this Act.