[Congressional Record Volume 161, Number 173 (Tuesday, December 1, 2015)]
[Senate]
[Pages S8233-S8234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   RESTORING AMERICANS' HEALTHCARE FREEDOM RECONCILIATION ACT OF 2015

  The PRESIDING OFFICER. The clerk will report the motion.
  The senior assistant legislative clerk read as follows:

       Motion to proceed to Calendar No. 299, H.R. 3762, a bill to 
     provide for reconciliation pursuant to section 2002 of the 
     concurrent resolution on the budget for fiscal year 2016.

  The PRESIDING OFFICER. The motion is not debatable.
  The question occurs on agreeing to the motion.
  The motion was agreed to.
  The PRESIDING OFFICER. The clerk will report the bill.
  The senior assistant legislative clerk read as follows:

       A bill (H.R. 3762) to provide for reconciliation pursuant 
     to section 2002 of the concurrent resolution on the budget 
     for fiscal year 2016.


                           Amendment No. 2874

  Mr. McCONNELL. Mr. President, I send a substitute amendment to the 
desk.
  The PRESIDING OFFICER. The clerk will report.
  The senior assistant legislative clerk read as follows:

       The Senator from Kentucky [Mr. McConnell] proposes an 
     amendment numbered 2874.

  Mr. McCONNELL. I ask unanimous consent that the reading of the 
amendment be dispensed with.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment is as follows:

                (Purpose: In the nature of a substitute)

       Strike all after the enacting clause and insert the 
     following:

                            TITLE I--FINANCE

     SEC. 101. FEDERAL PAYMENT TO STATES.

       (a) In General.--Notwithstanding section 504(a), 
     1902(a)(23), 1903(a), 2002, 2005(a)(4), 2102(a)(7), or 
     2105(a)(1) of the Social Security Act (42 U.S.C. 704(a), 
     1396a(a)(23), 1396b(a), 1397a, 1397d(a)(4), 1397bb(a)(7), 
     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 
     enactment of this Act, no Federal funds provided from a 
     program referred to in this subsection that is considered 
     direct spending for any year 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) Definitions.--In this section:
       (1) Prohibited entity.--The term ``prohibited entity'' 
     means an entity, including its affiliates, subsidiaries, 
     successors, and clinics--
       (A) that, as of the date of enactment of this Act--
       (i) 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;
       (ii) is an essential community provider described in 
     section 156.235 of title 45, Code of Federal Regulations (as 
     in effect on the date of enactment of this Act), that is 
     primarily engaged in family planning services, reproductive 
     health, and related medical care; and
       (iii) 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

       (B) 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.
       (2) Direct spending.--The term ``direct spending'' has the 
     meaning given that term under section 250(c) of the Balanced 
     Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 
     900(c)).

     SEC. 102. INDIVIDUAL MANDATE.

       (a) In General.--Section 5000A(c) of the Internal Revenue 
     Code of 1986 is amended--
       (1) in paragraph (2)(B) by striking clauses (ii) and (iii) 
     and inserting the following:
       ``(ii) Zero percent for taxable years beginning after 
     2014.'', and
       (2) in paragraph (3)--
       (A) by striking ``$695'' in subparagraph (A) and inserting 
     ``$0'',
       (B) by striking ``and $325 for 2015'' in subparagraph (B), 
     and
       (C) by striking subparagraph (D).
       (b) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2014.

     SEC. 103. EMPLOYER MANDATE.

       (a) Large Employers Not Offering Health Coverage.--
     Paragraph (1) of section 4980H(c) of the Internal Revenue 
     Code of 1986 is amended by inserting ``($0 in the case of 
     months beginning after December 31, 2014)'' after ``$2,000''.
       (b) Large Employers Offering Coverage With Employees Who 
     Qualify for Premium Tax Credits or Cost-sharing Reductions.--
     Paragraph (1) of section 4980H(b) of the Internal Revenue 
     Code of 1986 is amended by inserting ``($0 in the case of 
     months beginning after December 31, 2014)'' after ``$3,000''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to months beginning after December 31, 2014.

     SEC. 104. 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) Effective Date.--The amendment made by this section 
     shall apply to sales in calendar quarters beginning after the 
     date of the enactment of this Act.

     SEC. 105. REPEAL OF THE TAX ON EMPLOYEE HEALTH INSURANCE 
                   PREMIUMS AND HEALTH PLAN BENEFITS.

       (a) Excise Tax.--Chapter 43 of the Internal Revenue Code of 
     1986 is amended by striking section 4980I.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply to taxable years beginning after December 31, 
     2017.
       (c) Reinstatement.--The amendment made by subsection (a) 
     shall not apply to taxable years beginning after December 31, 
     2024, and chapter 43 of the Internal Revenue Code of 1986 is 
     amended to read as such chapter would read if such subsection 
     had never been enacted.

     SEC. 106. RECAPTURE OF EXCESS ADVANCE PAYMENTS OF PREMIUM TAX 
                   CREDITS.

       (a) In General.--Paragraph (2) of section 36B(f) of the 
     Internal Revenue Code of 1986 is amended by striking 
     subparagraph (B).

[[Page S8234]]

       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years ending after December 31, 2015.

            TITLE II--HEALTH, EDUCATION, LABOR AND PENSIONS

     SEC. 201. REPEAL OF THE PREVENTION AND PUBLIC HEALTH FUND.

       (a) In General.--Section 4002(b) of the Patient Protection 
     and Affordable Care Act (42 U.S.C. 300u-11(b)) is amended--
       (1) in paragraph (2), by striking ``2017'' and inserting 
     ``2015''; and
       (2) by striking paragraphs (3) through (5).
       (b) Rescission of Unobligated Funds.--Of the funds made 
     available by such section 4002, the unobligated balance is 
     rescinded.

     SEC. 202. 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''.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
consideration of H.R. 3762 now be for debate only during today's 
session of the Senate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. McCONNELL. Mr. President, the Senate is now considering the 
House-passed Restoring Americans' Healthcare Freedom Reconciliation Act 
of 2015. We finally have a chance to vote to end ObamaCare's cycle of 
broken promises and failures with a simple majority vote. I look 
forward to completing action on this bill this week.

                          ____________________