★

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
2 

•HR 3762 EH1S 

1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Restoring Americans’ Healthcare Freedom Reconcili4 ation Act of 2015’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 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. 

7 TITLE I—COMMITTEE ON 

8 ENERGY AND COMMERCE 

9 SEC. 101. REPEAL OF THE PREVENTION AND PUBLIC 

10 HEALTH FUND. 

11 (a) IN GENERAL.—Section 4002 of the Patient Pro12 tection and Affordable Care Act (42 U.S.C. 300u–11) is 

13 repealed. 

14 (b) RESCISSION OF UNOBLIGATED FUNDS.—Of the 

15 funds made available by such section 4002, the unobli16 gated balance is rescinded. 

17 SEC. 102. FEDERAL PAYMENT TO STATES. 

18 (a) IN GENERAL.—Notwithstanding section 504(a), 

19 1902(a)(23), 2002, 2005(a)(4), 2102(a)(7), or 2105(a)(1) 
3 

•HR 3762 EH1S 

1 of the Social Security Act (42 U.S.C. 704(a), 

2 1396b(a)(23), 1397a, 1397d(a)(4), 1397bb(a)(2), 

3 1397ee(a)(1)), or the terms of any Medicaid waiver in ef4 fect on the date of enactment of this Act that is approved 

5 under section 1115 or 1915 of the Social Security Act (42 

6 U.S.C. 1315, 1396n), for the 1-year period beginning on 

7 the date of the enactment of this Act no Federal funds 

8 may be made available to a State for payments to a pro9 hibited entity, whether made directly to the prohibited en10 tity or through a managed care organization under con11 tract with the State. 

12 (b) DEFINITION OF PROHIBITED ENTITY.—In this 

13 section, the term ‘‘prohibited entity’’ means an entity, in14 cluding its affiliates, subsidiaries, successors, and clinics— 

15 (1) that, as of the date of enactment of this 

16 Act— 

17 (A) is an organization described in section 

18 501(c)(3) of the Internal Revenue Code of 1986 

19 and exempt from tax under section 501(a) of 

20 such Code; 

21 (B) is an essential community provider de22 scribed in section 156.235 of title 45, Code of 

23 Federal Regulations, that is primarily engaged 

24 in family planning services, reproductive health, 

25 and related medical care; and 
4 

•HR 3762 EH1S 

1 (C) provides for abortions, other than an 

2 abortion— 

3 (i) if the pregnancy is the result of an 

4 act of rape or incest; or 

5 (ii) in the case where a woman suffers 

6 from a physical disorder, physical injury, 

7 or physical illness that would, as certified 

8 by a physician, place the woman in danger 

9 of death unless an abortion is performed, 

10 including a life-endangering physical condi11 tion caused by or arising from the preg12 nancy itself; and 

13 (2) for which the total amount of Federal and 

14 State expenditures under the Medicaid program 

15 under title XIX of the Social Security Act in fiscal 

16 year 2014 made directly to the entity and to any af17 filiates, subsidiaries, successors, or clinics of the en18 tity, or made to the entity and to any affiliates, sub19 sidiaries, successors, or clinics of the entity as part 

20 of a nationwide health care provider network, ex21 ceeded $350,000,000. 

22 SEC. 103. FUNDING FOR COMMUNITY HEALTH CENTER 

23 PROGRAM. 

24 Effective as if included in the enactment of the Medi25 care Access and CHIP Reauthorization Act of 2015 (Pub-
5 

•HR 3762 EH1S 

1 lic Law 114–10, 129 Stat. 87), paragraph (1) of section 

2 221(a) of such Act is amended by inserting after ‘‘Section 

3 10503(b)(1)(E) of the Patient Protection and Affordable 

4 Care Act (42 U.S.C. 254b–2(b)(1)(E)) is amended’’ the 

5 following: ‘‘by striking ‘$3,600,000,000’ and inserting 

6 ‘$3,835,000,000’ and’’. 

7 TITLE II—COMMITTEE ON WAYS 

8 AND MEANS 

9 SEC. 201. REPEAL OF INDIVIDUAL MANDATE. 

10 (a) IN GENERAL.—Section 5000A of the Internal 

11 Revenue Code of 1986 is amended by adding at the end 

12 the following: 

13 ‘‘(h) TERMINATION.—This section shall not apply 

14 with respect to any month beginning after December 31, 

15 2014.’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 5000A(c) of such Code is amend18 ed— 

19 (A) in paragraph (2)(B) by striking 

20 clauses (ii) and (iii), 

21 (B) in paragraph (3)(B) by striking 

22 ‘‘2014’’ and all that follows and inserting 

23 ‘‘2014.’’, and 

24 (C) in paragraph (3) by striking subpara25 graph (D). 
6 

•HR 3762 EH1S 

1 (2) Section 5000A(e)(1) of such Code is amend2 ed by striking subparagraph (D). 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 this section shall apply to months beginning after Decem5 ber 31, 2014. 

6 SEC. 202. REPEAL OF EMPLOYER MANDATE. 

7 (a) IN GENERAL.—Section 4980H of the Internal 

8 Revenue Code of 1986 is amended by adding at the end 

9 the following: 

10 ‘‘(e) TERMINATION.—This section shall not apply 

11 with respect to any month beginning after December 31, 

12 2014.’’. 

13 (b) CONFORMING AMENDMENT.—Section 4980H(c) 

14 of such Code is amended by striking paragraph (5). 

15 (c) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to months beginning after Decem17 ber 31, 2014. 

18 SEC. 203. REPEAL OF MEDICAL DEVICE EXCISE TAX. 

19 (a) IN GENERAL.—Chapter 32 of the Internal Rev20 enue Code of 1986 is amended by striking subchapter E. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) Subsection (a) of section 4221 of such Code 

23 is amended by striking the last sentence. 

24 (2) Paragraph (2) of section 6416(b) of such 

25 Code is amended by striking the last sentence. 
7 

•HR 3762 EH1S 

1 (c) CLERICAL AMENDMENT.—The table of sub2 chapters for chapter 32 of such Code is amended by strik3 ing the item relating to subchapter E. 

4 (d) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply to sales in calendar quarters begin6 ning after the date of the enactment of this Act. 

7 SEC. 204. REPEAL OF THE TAX ON EMPLOYEE HEALTH IN8 SURANCE PREMIUMS AND HEALTH PLAN 

9 BENEFITS AND RELATED REPORTING RE10 QUIREMENTS. 

11 (a) EXCISE TAX.—Chapter 43 of the Internal Rev12 enue Code of 1986 is amended by striking section 4980I. 

13 (b) REPORTING REQUIREMENT.—Section 6051(a) of 

14 such Code is amended by inserting ‘‘and’’ at the end of 

15 paragraph (12), by striking ‘‘, and’’ at the end of para16 graph (13) and inserting a period, and by striking para17 graph (14). 

18 (c) CLERICAL AMENDMENT.—The table of sections 

19 for chapter 43 of such Code is amended by striking the 

20 item relating to section 4980I. 

21 (d) EFFECTIVE DATES.— 

22 (1) IN GENERAL.—Except as provided by para23 graph (2), the amendments made by this section 

24 shall apply to taxable years beginning after Decem25 ber 31, 2017. 
8 

•HR 3762 EH1S 

1 (2) REPORTING REQUIREMENT.—The amend2 ment made by subsection (b) shall apply to calendar 

3 years beginning after December 31, 2014. 

Passed the House of Representatives October 23, 

2015. 

Attest: 

Clerk. 

114TH CONGRESS 

1ST SESSION H. R. 3762 

AN ACT 

To provide for reconciliation pursuant to section 

for fiscal year 2016. 2002 of the concurrent resolution on the budget