Federal Repeal of Expensive Exchanges Act or the FREE Act - Repeals provisions of the Internal Revenue Code and the Patient Protection and Affordable Care Act (PPACA) providing for: (1) a health insurance premium assistance tax credit and advance payments for credit amounts, (2) reductions in out-of-pocket health care expenses for certain low income taxpayers (cost-sharing) and advance payments of cost-sharing amounts, (3) the individual mandate to purchase health care coverage under PPACA, and (4) the employer mandate to provide health care coverage to employees under PPACA and the reporting requirements with respect to such mandate.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1908 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 1908
To repeal certain provisions of the Patient Protection and Affordable
Care Act relating to the premium tax credits and cost-sharing
subsidies.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Repeal of Expensive
Exchanges Act'' or the ``FREE Act''.
SEC. 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.
SEC. 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''.
SEC. 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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Health, Employment, Labor, and Pensions.
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