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Union Calendar No. 222 

114TH CONGRESS 

1ST SESSION H. R. 3762 

[Report No. 114–293] 

To provide for reconciliation pursuant to section 2002 of the concurrent 

resolution on the budget for fiscal year 2016. 

IN THE HOUSE OF REPRESENTATIVES 

OCTOBER 16, 2015 

Mr. PRICE of Georgia reported the following bill; which was committed to the 

Committee of the Whole House on the State of the Union and ordered 

to be printed 


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A BILL 

To provide for reconciliation pursuant to section 2002 of 

the concurrent resolution on the budget for fiscal year 2016. 


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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Restoring Americans’ Healthcare Freedom Reconcili6 ation Act of 2015’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—COMMITTEE ON EDUCATION AND THE WORKFORCE 

Sec. 101. Repeal of automatic enrollment requirement. 

TITLE II—COMMITTEE ON ENERGY AND COMMERCE 

Sec. 201. Repeal of the Prevention and Public Health Fund. 

Sec. 202. Federal payment to States. 

Sec. 203. Funding for community health center program. 

TITLE III—COMMITTEE ON WAYS AND MEANS 

Subtitle A—Revenue Provisions 

Sec. 301. Repeal of individual mandate. 

Sec. 302. Repeal of employer mandate. 

Sec. 303. Repeal of medical device excise tax. 

Sec. 304. Repeal of the tax on employee health insurance premiums and health 

plan benefits and related reporting requirements. 

Subtitle B—Repeal of Independent Payment Advisory Board 

Sec. 311. Repeal of Independent Payment Advisory Board. 

9 TITLE I—COMMITTEE ON EDU10 CATION AND THE WORK11 FORCE 

12 SEC. 101. REPEAL OF AUTOMATIC ENROLLMENT REQUIRE13 MENT. 

14 The Fair Labor Standards Act of 1938 (29 U.S.C. 

15 201 et seq.) is amended by repealing section 18A (as 


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1 added by section 1511 of the Patient Protection and Af2 fordable Care Act (Public Law 111–148)). 

3 TITLE II—COMMITTEE ON 

4 ENERGY AND COMMERCE 

5 SEC. 201. REPEAL OF THE PREVENTION AND PUBLIC 

6 HEALTH FUND. 

7 (a) IN GENERAL.—Section 4002 of the Patient Pro8 tection and Affordable Care Act (42 U.S.C. 300u–11) is 

9 repealed. 

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

11 funds made available by such section 4002, the unobli12 gated balance is rescinded. 

13 SEC. 202. FEDERAL PAYMENT TO STATES. 

14 (a) IN GENERAL.—Notwithstanding sections 504(a), 

15 1902(a)(23), 2002, 2005(a)(4), 2102(a)(7), or 2105(a)(1) 

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

17 1396b(a)(23), 1397a, 1397d(a)(4), 1397bb(a)(2), 

18 1397ee(a)(1)), or the terms of any Medicaid waiver in ef19 fect on the date of enactment of this Act that is approved 

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

21 U.S.C. 1315, 1396n), for the one-year period beginning 

22 on the date of the enactment of this Act no Federal funds 

23 may be made available to a State for payments to a pro24 hibited entity. 


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

2 section, the term ‘‘prohibited entity’’ means an entity, in3 cluding its affiliates, subsidiaries, successors, and clinics— 

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

5 Act— 

6 (A) is an organization described in section 

7 501(c)(3) of the Internal Revenue Code of 1986 

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

9 such Code; 

10 (B) is an essential community provider de11 scribed in section 156.235 of title 45, Code of 

12 Federal Regulations, that is primarily engaged 

13 in family planning services, reproductive health, 

14 and related medical care; and 

15 (C) provides for elective abortions; and 

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

17 State expenditures under the Medicaid program 

18 under title XIX of the Social Security Act in fiscal 

19 year 2014 made directly to the entity and to any af20 filiates, subsidiaries, successors, or clinics of the en21 tity, or made to the entity and to any affiliates, sub22 sidiaries, successors, or clinics of the entity as part 

23 of a nationwide health care provider network, ex24 ceeded $350,000,000. 


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1 SEC. 203. FUNDING FOR COMMUNITY HEALTH CENTER 

2 PROGRAM. 

3 Effective as if included in the enactment of the Medi4 care Access and CHIP Reauthorization Act of 2015 (Pub5 lic Law 114–10, 129 Stat. 87), paragraph (1) of section 

6 221(a) of such Act is amended by inserting after ‘‘Section 

7 10503(b)(1)(E) of the Patient Protection and Affordable 

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

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

10 ‘$3,835,000,000’ and’’. 

11 TITLE III—COMMITTEE ON WAYS 

12 AND MEANS 

13 Subtitle A—Revenue Provisions 

14 SEC. 301. REPEAL OF INDIVIDUAL MANDATE. 

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

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

17 the following: 

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

19 with respect to any month beginning after December 31, 

20 2014.’’. 

21 (b) CONFORMING AMENDMENTS.— 

22 (1) Section 5000A(c) of such Code is amend23 ed— 

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

25 clauses (ii) and (iii), 


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

2 ‘‘2014’’ and all that follows and inserting 

3 ‘‘2014.’’, and 

4 (C) in paragraph (3) by striking subpara5 graph (D). 

6 (2) Section 5000A(e)(1) of such Code is amend7 ed by striking subparagraph (D). 

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

9 this section shall apply to months beginning after Decem10 ber 31, 2014. 

11 SEC. 302. REPEAL OF EMPLOYER MANDATE. 

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

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

14 the following: 

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

16 with respect to any month beginning after December 31, 

17 2014.’’. 

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

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

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

21 this section shall apply to months beginning after Decem22 ber 31, 2014. 

23 SEC. 303. REPEAL OF MEDICAL DEVICE EXCISE TAX. 

24 (a) IN GENERAL.—Chapter 32 of the Internal Rev25 enue Code of 1986 is amended by striking subchapter E. 


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1 (b) CONFORMING AMENDMENTS.— 

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

3 is amended by striking the last sentence. 

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

5 Code is amended by striking the last sentence. 

6 (c) CLERICAL AMENDMENT.—The table of sub7 chapters for chapter 32 of such Code is amended by strik8 ing the item relating to subchapter E. 

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

10 this section shall apply to sales in calendar quarters begin11 ning after the date of the enactment of this Act. 

12 SEC. 304. REPEAL OF THE TAX ON EMPLOYEE HEALTH IN13 SURANCE PREMIUMS AND HEALTH PLAN 

14 BENEFITS AND RELATED REPORTING RE15 QUIREMENTS. 

16 (a) EXCISE TAX.—Chapter 43 of the Internal Rev17 enue Code of 1986 is amended by striking section 4980I. 

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

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

20 paragraph (12), by striking ‘‘, and’’ at the end of para21 graph (13) and inserting a period, and by striking para22 graph (14). 

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

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

25 item relating to section 4980I. 


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1 (d) EFFECTIVE DATES.— 

2 (1) IN GENERAL.—Except as provided by para3 graph (2), the amendments made by this section 

4 shall apply to taxable years beginning after Decem5 ber 31, 2017. 

6 (2) REPORTING REQUIREMENT.—The amend7 ment made by subsection (b) shall apply to calendar 

8 years beginning after December 31, 2014. 

9 Subtitle B—Repeal of Independent 

10 Payment Advisory Board 

11 SEC. 311. REPEAL OF INDEPENDENT PAYMENT ADVISORY 

12 BOARD. 

13 Effective as of the enactment of the Patient Protec14 tion and Affordable Care Act (Public Law 111–148), sec15 tions 3403 and 10320 of such Act (including the amend16 ments made by such sections) are repealed, and any provi17 sion of law amended by such sections is hereby restored 

18 as if such sections had not been enacted into law. 


srobinson on DSK5SPTVN1PROD with BILLS
Union Calendar No. 222 

114TH CONGRESS 

1ST SESSION H. R. 3762 

[Report No. 114–293] 

A BILL 

To provide for reconciliation pursuant to section 

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

OCTOBER 16, 2015 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


srobinson on DSK5SPTVN1PROD with BILLS