I 113th CONGRESS 1st Session H. R. 1908 IN THE HOUSE OF REPRESENTATIVES May 9, 2013 Mr. Salmon (for himself, Mr. LaMalfa , Mr. Huelskamp , Mr. Jones , Mr. Franks of Arizona , Mr. Radel , Mr. Schweikert , Mr. Meadows , Mr. Yoho , Mr. Gosar , and Mr. Duncan of South Carolina ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on Energy and Commerce and Education and the Workforce , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To repeal certain provisions of the Patient Protection and Affordable Care Act relating to the premium tax credits and cost-sharing subsidies.

1. Short title This Act may be cited as the Federal Repeal of Expensive Exchanges Act or the FREE Act . 2. Findings The Congress finds the following: (1) The Patient Protection and Affordable Care Act makes health care more expensive and less accessible, while also driving up the Federal deficit and debt. (2) This increase in cost is most noticeable in the health insurance exchanges established under such Act, which would increase the Federal deficit by $1.017 trillion over an eleven-year timeframe, as stated in a July, 2012 Congressional Budget Office report. (3) The Federal mandate to establish health insurance exchanges directly assaults the States’ traditional authority to regulate health insurance. (4) Such Federal mandate imposes unknown insurance costs on consumers and administrative costs on States. (5) Such Federal mandate imposes a one-size-fits-all approach that ignores State differences. (6) Such Federal mandate undermines choice and competition and guarantees further consolidation of the health insurance markets. 3. Repeal of the Patient Protection and Affordable Care Act premium tax credits and cost-sharing subsidies (a) Premium tax credits The Internal Revenue Code of 1986 is amended by striking section 36B. (b) Advance determination and payment of premium tax credits and cost-Sharing reductions The Patient Protection and Affordable Care Act is amended by striking section 1412. (c) Cost-Sharing The Patient Protection and Affordable Care Act is amended by striking section 1402. (d) Conforming amendments (1) Internal Revenue Code of 1986 (A) Section 280C of the Internal Revenue Code of 1986 is amended by striking subsection (g). (B) Clause (iii) of section 6055(b)(1)(B) of such Code is amended to read as follows: (iii) in the case of minimum essential coverage which consists of health insurance coverage, information concerning whether or not the coverage is a qualified health plan offered through an Exchange established under section 1311 of the Patient Protection and Affordable Care Act, and ; and (C) Section 6103(l)(21) of such Code is amended— (i) by striking any premium tax credit under section 36B or any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act or in the matter preceding subparagraph (i), (ii) by striking (as defined in section 36B) in subparagraph (A)(iv), and (iii) by adding at the end the following: (D) Modified adjusted gross income For purposes of this paragraph, the term modified adjusted gross income means adjusted gross income increased by— (i) any amount excluded from gross income under section 911, (ii) any amount of interest received or accrued by the taxpayer during the taxable year which is exempt from tax, and (iii) an amount equal to the portion of the taxpayer's social security benefits (as defined in section 86(d)) which is not included in gross income under section 86 for the taxable year. . (D) Section 6211(b)(4)(A) of such Code is amended by striking 36B, . (E) The table of sections for subpart C of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 36B. (2) Fair Labor Standards Act of 1938 (A) Section 18B(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218b(a) ) is amended— (i) by inserting and at the end of paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2). (B) Section 18C(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 218c(a) ) is amended by striking paragraph (1) and by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively. (3) Public Health Service Act Title XXVII of the Public Health Service Act ( 42 U.S.C. 300gg et seq. ) is amended— (A) in section 2705(l)(3)(A) ( 42 U.S.C. 300gg–4(l)(3)(A) )— (i) by striking the em dash before clause (i) and inserting will not result in any decrease in coverage. ; and (ii) by striking clauses (i) and (ii); and (B) in section 2793(c) (300gg–93(c))— (i) by inserting and at the end of paragraph (3); (ii) by striking ; and at the end of paragraph (4); and (iii) by striking paragraph (5). (4) Patient Protection and Affordable Care Act The Patient Protection and Affordable Care Act ( Public Law 111–148 , as amended) is amended— (A) in section 1303(b) by striking paragraph (2); (B) in section 1311(c)(5)(B) (42 U.S.C. 18031(c)(5)(B)), by striking or eligible for a premium tax credit or cost-sharing reduction ; (C) in section 1311(d)(4) ( 42 U.S.C. 18031(d)(4) )— (i) in subparagraph (G), by striking after the application of any premium tax credit and all that follows through section 1402 ; and (ii) in subparagraph (I), by striking clause (ii); (D) in section 1311(i)(3)(B) (42 U.S.C. 18031(i)(3)(B)), by striking , and the availability of premium tax credits and all that follows through section 1402 ; (E) in section 1312(e) ( 42 U.S.C. 18032(e) )— (i) in paragraph (1), by striking ; and and inserting a period; (ii) by striking paragraph (2); and (iii) by striking brokers— and all that follows through to enroll and inserting brokers to enroll ; (F) in section 1313(a)(6)(A) ( 42 U.S.C. 18033(a)(6)(A) ), by striking , including payments of premium tax credits and cost-sharing reductions through the Exchange ; (G) in section 1331(d)(3)(A)(i) ( 42 U.S.C. 18051 ) is amended by inserting and the Federal Repeal of Expensive Exchanges Act had not been enacted before the period at the end; (H) in section 1332(a) ( 42 U.S.C. 18052(a) )— (i) in paragraph (2)— (I) by striking subparagraph (C); and (II) in subparagraph (D) by striking 36B, 4980H, and inserting 4980H ; and (ii) in paragraph (3), by striking premium tax credits, cost-sharing reductions ; (I) in section 1334(c) ( 42 U.S.C. 18054(c) ) by striking paragraph (3); (J) in section 1401(c)(1)(A), by striking clause (i); (K) in section 1411 ( 42 U.S.C. 18081 )— (i) in subsection (a)(1)— (I) by striking or who is claiming a premium tax credit or reduced cost-sharing, ; and (II) by striking sections 1312(f)(3), 1402(e), and 1412(d) and inserting section 1312(f)(3) ; (ii) in subsection (a), by striking paragraph (2); (iii) in subsection (b), by striking paragraphs (3) and (4); (iv) in subsection (e)— (I) in paragraph (2), by amending subparagraph (A) to read as follows: (A) Eligibility for enrollment If information provided by an applicant under paragraphs (1) and (2) of subsection (b) is verified under subsections (c) and (d) the individual’s eligibility to enroll through the Exchange shall be satisfied. ; and (II) in paragraph (4)(B), by striking clauses (ii) and (iii) and redesignating clause (iv) as clause (ii); (v) by striking subsection (f)(2); (vi) in subsection (g)(1)— (I) by striking or for a premium tax credit or cost-sharing reduction , and (II) by striking , determine eligibility, and determine the amount of the credit or reduction and inserting and determine eligibility ; and (vii) in subsection (g)(2) by striking or to claim a premium tax credit or cost-sharing reduction or the amount of the credit or reduction ; (L) in section 1413(e)(1) ( 42 U.S.C. 18083(e)(1) ), by striking , including the premium tax credits under section 36B of the Internal Revenue Code of 1986 and cost-sharing reductions under section 1402 ; (M) by striking section 1415 ( 42 U.S.C. 18084 ); and (N) in section 2901 ( 25 U.S.C. 1623 ), by striking subsection (a). (5) Social Security Act Section 1943(b) of the Social Security Act (42 U.S.C. 1396w–3(b)) is amended— (A) in paragraph (1)(C)— (i) by striking and, if applicable, premium assistance and all that follows through section 1412 of the Patient Protection and Affordable Care Act), ; and (ii) by striking reduced cost-sharing for eligible individuals under section 1402 of the Patient Protection and Affordable Care Act, and any other and inserting any ; (B) in paragraph (1)(D), by striking , child health assistance, or premium assistance, and inserting or child health assistance, ; (C) by striking paragraph (2); and (D) in paragraph (4), by striking and who is eligible to receive premium credit assistance for the purchase of a qualified health plan under section 36B of the Internal Revenue Code of 1986 . 4. Repeal of Employer and Individual Mandates (a) Employer Mandate (1) In general Chapter 43 of the Internal Revenue Code of 1986 is amended by striking section 4980H, and the table of sections for such chapter is amended by striking the item relating to section 4980H. (2) Information return (A) Chapter 61 of such Code is amended by striking section 6056, and the table of sections for such chapter is amended by striking the item relating to section 6056. (B) Section 6724(d) of such Code is amended— (i) in paragraph (1)(B) by inserting or at the end of clause (xxiii), by striking or at the end of clause (xxiv) and inserting and , and by striking clause (xxv), and (ii) in paragraph (2) by inserting or at the end of subparagraph (FF), by striking or at the end of subparagraph (GG) and inserting and , and by striking subparagraph (HH). (3) Patient Protection and Affordable Care Act conforming amendments (A) Section 1332(a)(2)(D) of the Patient Protection and Affordable Care Act (as amended by section 3(d)(4)(H) of this Act) is amended by striking Sections 4980H and inserting Section . (B) Section 1513 of the Patient Protection and Affordable Care Act is amended by striking subsection (c). (b) Repeal of individual health insurance mandate (1) In general Section 5000A of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (h) Termination This section shall not apply with respect to any month beginning after December 31, 2013. . (2) Conforming amendment Section 1311(d)(4) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18031(d)(4) ) is amended by striking subparagraph (H). (c) Effective date The amendments made by this section shall apply as if included in the respective sections the Patient Protection and Affordable Care Act to which such amendments relate.