[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6088 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6088
To repeal certain tax increases enacted as part of health care reform.
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IN THE HOUSE OF REPRESENTATIVES
July 9, 2012
Mr. Schweikert 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 repeal certain tax increases enacted as part of health care reform.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Total Repeal of
the Unfair Taxes on Healthcare Act of 2012'' or as the ``TRUTH Act of
2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Repeal of excise tax on comprehensive health plans.
Sec. 3. Repeal of surtax on investment income.
Sec. 4. Repeal of disqualification of expenses for over-the-counter
drugs under health flexible spending
arrangements and health savings accounts.
Sec. 5. Repeal of increase in tax on nonqualified distributions from
health savings accounts.
Sec. 6. Repeal of limitation on health flexible spending arrangements
under cafeteria plans.
Sec. 7. Repeal of increased threshold for itemized deduction for
medical expenses.
Sec. 8. Repeal of excise tax on indoor tanning services.
Sec. 9. Repeal of individual health insurance mandate.
Sec. 10. Repeal of employer health insurance mandate.
Sec. 11. Repeal of excise tax on medical devices.
Sec. 12. Repeal of annual fee on branded prescription drug
manufacturers.
Sec. 13. Repeal of annual fee on health insurance providers.
Sec. 14. Repeal of study and report on repealed provisions.
SEC. 2. REPEAL OF EXCISE TAX ON COMPREHENSIVE HEALTH PLANS.
Chapter 43 of the Internal Revenue Code of 1986 is amended by
striking section 4980I (and by striking the item relating to such
section in the table of sections for such chapter).
SEC. 3. REPEAL OF SURTAX ON INVESTMENT INCOME.
(a) In General.--Subtitle A of the Internal Revenue Code of 1986 is
amended by striking chapter 2A and by striking the item relating to
chapter 2A from the table of chapters for such subtitle.
(b) Conforming Amendments.--Section 6654 of such Code is amended--
(1) in subsection (a), by striking ``the tax under chapter
2, and the tax under chapter 2A'' and inserting ``and the tax
under chapter 2'', and
(2) in subsection (f)--
(A) by striking ``plus'' at the end of paragraph
(2) and inserting ``minus'', and
(B) by striking paragraph (3) and redesignating
paragraph (4) as paragraph (3).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 4. REPEAL OF DISQUALIFICATION OF EXPENSES FOR OVER-THE-COUNTER
DRUGS UNDER HEALTH FLEXIBLE SPENDING ARRANGEMENTS AND
HEALTH SAVINGS ACCOUNTS.
(a) Health Flexible Spending Arrangements and Health Reimbursement
Arrangements.--Section 106 of the Internal Revenue Code of 1986 is
amended by striking subsection (f).
(b) HSAs.--Subparagraph (A) of section 223(d)(2) of such Code is
amended by striking the last sentence.
(c) Archer MSAs.--Subparagraph (A) of section 220(d)(2) of such
Code is amended by striking the last sentence.
(d) Effective Dates.--
(1) Reimbursements.--The amendment made by subsection (a)
shall apply to expenses incurred with respect to taxable years
beginning after December 31, 2010.
(2) Distributions from savings accounts.--The amendments
made by subsections (b) and (c) shall apply to amounts paid
with respect to taxable years beginning after December 31,
2010.
SEC. 5. REPEAL OF INCREASE IN TAX ON NONQUALIFIED DISTRIBUTIONS FROM
HEALTH SAVINGS ACCOUNTS.
(a) HSAs.--Section 223(f)(4)(A) of the Internal Revenue Code of
1986 is amended by striking ``20 percent'' and inserting ``10
percent''.
(b) Archer MSAs.--Section 220(f)(4)(A) of such Code is amended by
striking ``20 percent'' and inserting ``15 percent''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2010.
SEC. 6. REPEAL OF LIMITATION ON HEALTH FLEXIBLE SPENDING ARRANGEMENTS
UNDER CAFETERIA PLANS.
(a) In General.--Section 125 of the Internal Revenue Code of 1986
is amended by striking subsection (i).
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2012.
SEC. 7. REPEAL OF INCREASED THRESHOLD FOR ITEMIZED DEDUCTION FOR
MEDICAL EXPENSES.
(a) In General.--Subsection (a) of section 213 of the Internal
Revenue Code of 1986 is amended by striking ``10 percent'' and
inserting ``7.5 percent''.
(b) Conforming Amendments.--
(1) Section 56(b)(1)(B) of such Code is amended by striking
``without regard to subsection (f) of such section'' and
inserting ``by substituting `10 percent' for `7.5 percent'''.
(2) Section 213 of such Code is amended by striking
subsection (f).
(c) Effective Date.--The amendments made by this section shall
apply to taxable years beginning after December 31, 2012.
SEC. 8. REPEAL OF EXCISE TAX ON INDOOR TANNING SERVICES.
(a) In General.--Subtitle D of the Internal Revenue Code of 1986 is
amended by striking chapter 49 (and by striking the item relating to
such chapter in the table of chapters for such subtitle).
(b) Effective Date.--The amendment made by this section shall apply
to services performed after the date of the enactment of this Act.
SEC. 9. REPEAL OF INDIVIDUAL HEALTH INSURANCE MANDATE.
Section 5000A of the Internal Revenue Code of 1986 is amended by
adding at the end the following new subsection:
``(h) Termination.--This section shall not apply with respect to
any month beginning after the date of the enactment of this
subsection.''.
SEC. 10. 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 inserting ``or'' at the end of clause (xxiii), by
striking ``and'' at the end of clause (xxiv) and inserting
``or'', and by striking clause (xxv).
(2) Paragraph (2) of section 6724(d) of such Code is
amended by inserting ``or'' at the end of subparagraph (FF), by
striking ``, or'' at the end of subparagraph (GG) and inserting
a period, and by striking subparagraph (HH).
(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.
SEC. 11. REPEAL OF EXCISE TAX ON MEDICAL DEVICES.
(a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is
amended by striking subchapter E (and by striking the item relating to
such subchapter in the table of subchapters of such chapter).
(b) Conforming Amendments.--
(1) Section 4221(a) of such Code is amended by striking the
last sentence.
(2) Section 6416(b)(2) of such Code is amended by striking
the last sentence.
(c) Effective Date.--The amendments made by this section shall
apply to sales after December 31, 2012.
SEC. 12. REPEAL OF ANNUAL FEE ON BRANDED PRESCRIPTION DRUG
MANUFACTURERS.
(a) In General.--The Patient Protection and Affordable Care Act is
amended by striking section 9008.
(b) Conforming Amendment.--Section 1841(a) of the Social Security
Act is amended by striking ``or section 9008(c) of the Patient
Protection and Affordable Care Act of 2009''.
(c) Effective Date.--The amendment made by this section shall apply
to calendar years beginning after December 31, 2011.
SEC. 13. REPEAL OF ANNUAL FEE ON HEALTH INSURANCE PROVIDERS.
(a) In General.--The Patient Protection and Affordable Care Act is
amended by striking section 9010.
(b) Effective Date.--The amendment made by this section shall apply
to calendar years beginning after December 31, 2013.
SEC. 14. REPEAL OF STUDY AND REPORT ON REPEALED PROVISIONS.
The Patient Protection and Affordable Care Act is amended by
striking section 9011.
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