II 

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. 

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 ENERGY AND COMMERCE 


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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. 

1 TITLE I—COMMITTEE ON 

2 ENERGY AND COMMERCE 

3 SEC. 101. REPEAL OF THE PREVENTION AND PUBLIC 

4 HEALTH FUND. 

5 (a) IN GENERAL.—Section 4002 of the Patient Pro6 tection and Affordable Care Act (42 U.S.C. 300u–11) is 

7 repealed. 

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

9 funds made available by such section 4002, the unobli10 gated balance is rescinded. 

11 SEC. 102. FEDERAL PAYMENT TO STATES. 

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

13 1902(a)(23), 2002, 2005(a)(4), 2102(a)(7), or 2105(a)(1) 

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

15 1396b(a)(23), 1397a, 1397d(a)(4), 1397bb(a)(2), 

16 1397ee(a)(1)), or the terms of any Medicaid waiver in ef17 fect on the date of enactment of this Act that is approved 

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

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

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


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1 may be made available to a State for payments to a pro2 hibited entity, whether made directly to the prohibited en3 tity or through a managed care organization under con4 tract with the State. 

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

6 section, the term ‘‘prohibited entity’’ means an entity, in7 cluding its affiliates, subsidiaries, successors, and clinics— 

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

9 Act— 

10 (A) is an organization described in section 

11 501(c)(3) of the Internal Revenue Code of 1986 

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

13 such Code; 

14 (B) is an essential community provider de15 scribed in section 156.235 of title 45, Code of 

16 Federal Regulations, that is primarily engaged 

17 in family planning services, reproductive health, 

18 and related medical care; and 

19 (C) provides for abortions, other than an 

20 abortion— 

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

22 act of rape or incest; or 

23 (ii) in the case where a woman suffers 

24 from a physical disorder, physical injury, 

25 or physical illness that would, as certified 


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1 by a physician, place the woman in danger 

2 of death unless an abortion is performed, 

3 including a life-endangering physical condi4 tion caused by or arising from the preg5 nancy itself; and 

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

7 State expenditures under the Medicaid program 

8 under title XIX of the Social Security Act in fiscal 

9 year 2014 made directly to the entity and to any af10 filiates, subsidiaries, successors, or clinics of the en11 tity, or made to the entity and to any affiliates, sub12 sidiaries, successors, or clinics of the entity as part 

13 of a nationwide health care provider network, ex14 ceeded $350,000,000. 

15 SEC. 103. FUNDING FOR COMMUNITY HEALTH CENTER 

16 PROGRAM. 

17 Effective as if included in the enactment of the Medi18 care Access and CHIP Reauthorization Act of 2015 (Pub19 lic Law 114–10, 129 Stat. 87), paragraph (1) of section 

20 221(a) of such Act is amended by inserting after ‘‘Section 

21 10503(b)(1)(E) of the Patient Protection and Affordable 

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

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

24 ‘$3,835,000,000’ and’’. 


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1 TITLE II—COMMITTEE ON WAYS 

2 AND MEANS 

3 SEC. 201. REPEAL OF INDIVIDUAL MANDATE. 

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

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

6 the following: 

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

8 with respect to any month beginning after December 31, 

9 2014.’’. 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) Section 5000A(c) of such Code is amend12 ed— 

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

14 clauses (ii) and (iii), 

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

16 ‘‘2014’’ and all that follows and inserting 

17 ‘‘2014.’’, and 

18 (C) in paragraph (3) by striking subpara19 graph (D). 

20 (2) Section 5000A(e)(1) of such Code is amend21 ed by striking subparagraph (D). 

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

23 this section shall apply to months beginning after Decem24 ber 31, 2014. 


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1 SEC. 202. REPEAL OF EMPLOYER MANDATE. 

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

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

4 the following: 

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

6 with respect to any month beginning after December 31, 

7 2014.’’. 

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

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

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

11 this section shall apply to months beginning after Decem12 ber 31, 2014. 

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

14 (a) IN GENERAL.—Chapter 32 of the Internal Rev15 enue Code of 1986 is amended by striking subchapter E. 

16 (b) CONFORMING AMENDMENTS.— 

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

18 is amended by striking the last sentence. 

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

20 Code is amended by striking the last sentence. 

21 (c) CLERICAL AMENDMENT.—The table of sub22 chapters for chapter 32 of such Code is amended by strik23 ing the item relating to subchapter E. 

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

25 this section shall apply to sales in calendar quarters begin26 ning after the date of the enactment of this Act. 


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1 SEC. 204. REPEAL OF THE TAX ON EMPLOYEE HEALTH IN2 SURANCE PREMIUMS AND HEALTH PLAN 

3 BENEFITS AND RELATED REPORTING RE4 QUIREMENTS. 

5 (a) EXCISE TAX.—Chapter 43 of the Internal Rev6 enue Code of 1986 is amended by striking section 4980I. 

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

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

9 paragraph (12), by striking ‘‘, and’’ at the end of para10 graph (13) and inserting a period, and by striking para11 graph (14). 

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

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

14 item relating to section 4980I. 

15 (d) EFFECTIVE DATES.— 

16 (1) IN GENERAL.—Except as provided by para17 graph (2), the amendments made by this section 

18 shall apply to taxable years beginning after Decem19 ber 31, 2017. 

20 (2) REPORTING REQUIREMENT.—The amend21 ment made by subsection (b) shall apply to calendar 

22 years beginning after December 31, 2014. 

Passed the House of Representatives October 23, 

2015. 

Attest: KAREN L. HAAS, 

Clerk. 


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Calendar No. 299 

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 

NOVEMBER 19, 2015 

Read the second time and placed on the calendar 


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