[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3762 Placed on Calendar Senate (PCS)]

<DOC>





                                                       Calendar No. 299
114th CONGRESS
  1st Session
                                H. R. 3762


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 18, 2015

                     Received; read the first time

                           November 19, 2015

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 AN ACT


 
     To provide for reconciliation pursuant to section 2002 of the 
       concurrent resolution on the budget for fiscal year 2016.

    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 ``Restoring 
Americans' Healthcare Freedom Reconciliation Act of 2015''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--COMMITTEE ON ENERGY AND COMMERCE

Sec. 101. Repeal of the Prevention and Public Health Fund.
Sec. 102. Federal payment to States.
Sec. 103. Funding for community health center program.
                 TITLE II--COMMITTEE ON WAYS AND MEANS

Sec. 201. Repeal of individual mandate.
Sec. 202. Repeal of employer mandate.
Sec. 203. Repeal of medical device excise tax.
Sec. 204. Repeal of the tax on employee health insurance premiums and 
                            health plan benefits and related reporting 
                            requirements.

               TITLE I--COMMITTEE ON ENERGY AND COMMERCE

SEC. 101. REPEAL OF THE PREVENTION AND PUBLIC HEALTH FUND.

    (a) In General.--Section 4002 of the Patient Protection and 
Affordable Care Act (42 U.S.C. 300u-11) is repealed.
    (b) Rescission of Unobligated Funds.--Of the funds made available 
by such section 4002, the unobligated balance is rescinded.

SEC. 102. FEDERAL PAYMENT TO STATES.

    (a) In General.--Notwithstanding section 504(a), 1902(a)(23), 2002, 
2005(a)(4), 2102(a)(7), or 2105(a)(1) of the Social Security Act (42 
U.S.C. 704(a), 1396b(a)(23), 1397a, 1397d(a)(4), 1397bb(a)(2), 
1397ee(a)(1)), or the terms of any Medicaid waiver in effect on the 
date of enactment of this Act that is approved under section 1115 or 
1915 of the Social Security Act (42 U.S.C. 1315, 1396n), for the 1-year 
period beginning on the date of the enactment of this Act no Federal 
funds may be made available to a State for payments to a prohibited 
entity, whether made directly to the prohibited entity or through a 
managed care organization under contract with the State.
    (b) Definition of Prohibited Entity.--In this section, the term 
``prohibited entity'' means an entity, including its affiliates, 
subsidiaries, successors, and clinics--
            (1) that, as of the date of enactment of this Act--
                    (A) is an organization described in section 
                501(c)(3) of the Internal Revenue Code of 1986 and 
                exempt from tax under section 501(a) of such Code;
                    (B) is an essential community provider described in 
                section 156.235 of title 45, Code of Federal 
                Regulations, that is primarily engaged in family 
                planning services, reproductive health, and related 
                medical care; and
                    (C) provides for abortions, other than an 
                abortion--
                            (i) if the pregnancy is the result of an 
                        act of rape or incest; or
                            (ii) in the case where a woman suffers from 
                        a physical disorder, physical injury, or 
                        physical illness that would, as certified by a 
                        physician, place the woman in danger of death 
                        unless an abortion is performed, including a 
                        life-endangering physical condition caused by 
                        or arising from the pregnancy itself; and
            (2) for which the total amount of Federal and State 
        expenditures under the Medicaid program under title XIX of the 
        Social Security Act in fiscal year 2014 made directly to the 
        entity and to any affiliates, subsidiaries, successors, or 
        clinics of the entity, or made to the entity and to any 
        affiliates, subsidiaries, successors, or clinics of the entity 
        as part of a nationwide health care provider network, exceeded 
        $350,000,000.

SEC. 103. FUNDING FOR COMMUNITY HEALTH CENTER PROGRAM.

    Effective as if included in the enactment of the Medicare Access 
and CHIP Reauthorization Act of 2015 (Public Law 114-10, 129 Stat. 87), 
paragraph (1) of section 221(a) of such Act is amended by inserting 
after ``Section 10503(b)(1)(E) of the Patient Protection and Affordable 
Care Act (42 U.S.C. 254b-2(b)(1)(E)) is amended'' the following: ``by 
striking `$3,600,000,000' and inserting `$3,835,000,000' and''.

                 TITLE II--COMMITTEE ON WAYS AND MEANS

SEC. 201. REPEAL OF INDIVIDUAL MANDATE.

    (a) In General.--Section 5000A of the Internal Revenue Code of 1986 
is amended by adding at the end the following:
    ``(h) Termination.--This section shall not apply with respect to 
any month beginning after December 31, 2014.''.
    (b) Conforming Amendments.--
            (1) Section 5000A(c) of such Code is amended--
                    (A) in paragraph (2)(B) by striking clauses (ii) 
                and (iii),
                    (B) in paragraph (3)(B) by striking ``2014'' and 
                all that follows and inserting ``2014.'', and
                    (C) in paragraph (3) by striking subparagraph (D).
            (2) Section 5000A(e)(1) of such Code is amended by striking 
        subparagraph (D).
    (c) Effective Date.--The amendments made by this section shall 
apply to months beginning after December 31, 2014.

SEC. 202. REPEAL OF EMPLOYER MANDATE.

    (a) In General.--Section 4980H of the Internal Revenue Code of 1986 
is amended by adding at the end the following:
    ``(e) Termination.--This section shall not apply with respect to 
any month beginning after December 31, 2014.''.
    (b) Conforming Amendment.--Section 4980H(c) of such Code is amended 
by striking paragraph (5).
    (c) Effective Date.--The amendments made by this section shall 
apply to months beginning after December 31, 2014.

SEC. 203. REPEAL OF MEDICAL DEVICE EXCISE TAX.

    (a) In General.--Chapter 32 of the Internal Revenue Code of 1986 is 
amended by striking subchapter E.
    (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.
    (c) Clerical Amendment.--The table of subchapters for chapter 32 of 
such Code is amended by striking the item relating to subchapter E.
    (d) Effective Date.--The amendments made by this section shall 
apply to sales in calendar quarters beginning after the date of the 
enactment of this Act.

SEC. 204. REPEAL OF THE TAX ON EMPLOYEE HEALTH INSURANCE PREMIUMS AND 
              HEALTH PLAN BENEFITS AND RELATED REPORTING REQUIREMENTS.

    (a) Excise Tax.--Chapter 43 of the Internal Revenue Code of 1986 is 
amended by striking section 4980I.
    (b) Reporting Requirement.--Section 6051(a) of such Code is amended 
by inserting ``and'' at the end of paragraph (12), by striking ``, 
and'' at the end of paragraph (13) and inserting a period, and by 
striking paragraph (14).
    (c) Clerical Amendment.--The table of sections for chapter 43 of 
such Code is amended by striking the item relating to section 4980I.
    (d) Effective Dates.--
            (1) In general.--Except as provided by paragraph (2), the 
        amendments made by this section shall apply to taxable years 
        beginning after December 31, 2017.
            (2) Reporting requirement.--The amendment made by 
        subsection (b) shall apply to calendar years beginning after 
        December 31, 2014.

            Passed the House of Representatives October 23, 2015.

            Attest:

                                                 KAREN L. HAAS,

                                                                 Clerk.
                                                       Calendar No. 299

114th CONGRESS

  1st Session

                               H. R. 3762

_______________________________________________________________________

                                 AN ACT

     To provide for reconciliation pursuant to section 2002 of the 
       concurrent resolution on the budget for fiscal year 2016.

_______________________________________________________________________

                           November 19, 2015

            Read the second time and placed on the calendar