LegiStorm

Summary:

The FY2016 budget resolution (S.Con.Res. 11) established the congressional budget for the government for FY2016 and set forth budgetary levels for FY2017-FY2025. It also included reconciliation instructions for House and Senate committees to submit changes in laws to reduce the federal deficit to their respective budget committees. Specifically, S.Con.Res. 11 instructed three committees of the House and two committees of the Senate to submit changes in laws within each committee's jurisdiction to reduce the deficit by not less than $1 billion for the period FY2016-FY2025. Additionally, S.Con.Res. 11 provided that these committees shall "note the policies discussed in title VI [of S.Con.Res. 11] that repeal the Affordable Care Act and the health care related provisions of the Health Care and Education Reconciliation Act of 2010" and "determine the most effective methods" by which these provisions "shall be repealed in their entirety." On October 23, 2015, the House passed the Restoring Americans' Healthcare Freedom Reconciliation Act of 2015 (H.R. 3762). The bill would repeal several provisions of the Patient Protection and Affordable Care Act (ACA; P.L. 111-148, as amended), and it could restrict federal funding for the Planned Parenthood Federation of America (PPFA) and its affiliates and clinics for a period of one year. The bill also would appropriate an additional $235 million for each of FY2016 and FY2017 to the Community Health Center Fund. The Congressional Budget Office (CBO) and the Joint Committee on Taxation (JCT) estimate that H.R. 3762 would reduce federal deficits by $78.1 billion over the 2016-2025 period. In lieu of action on a Senate reconciliation bill, on December 1, 2015, the Senate majority leader made a motion to proceed to the consideration of H.R. 3762. The motion was non-debatable and was approved by voice vote. The majority leader then offered an amendment encompassing the recommendations of the instructed Senate committees as a substitute for the House language (S.Amdt. 2874). Over the course of December 1, 2, and 3, the Senate debated this substitute and considered a number of amendments. On December 3, Senator Enzi, chairman of the Budget Committee, offered an amendment for himself and the majority leader as a substitute for S.Amdt. 2874 (S.Amdt. 2916). On a point of order, a section of S.Amdt. 2874 concerning repeal of certain premium-stabilization programs was stricken, but the remainder of the amendment was subsequently adopted by the Senate by voice vote. The Senate then voted to pass the bill, 52-47. Similar to H.R. 3762, the Senate amendment to H.R. 3762 would repeal several provisions of the ACA, could restrict federal funding for PPFA and its affiliated clinics for a period of one year, and would appropriate an additional $235 million for each of FY2016 and FY2017 to the Community Health Center Fund. Unlike the House bill, the Senate bill includes many more ACA amendments or repeal provisions, as well as other non-ACA provisions. CBO and JCT estimate that the Senate bill would reduce federal deficits by $317.5 billion over the 2016-2025 period. Pursuant to the provisions of H.Res. 579, on January 6, 2016, Representative Tom Price, chairman of the House Budget Committee, was recognized to make a motion that the House concur in the Senate amendment to H.R. 3762. After an hour of debate, the House agreed to the motion, 240-181, clearing the measure for presentment to the President. The measure was subsequently vetoed by President Obama on January 8 and returned to the House. This report includes a table listing all provisions in H.R. 3762 and the Senate amendment to H.R. 3762 that would amend or repeal ACA provisions. It also provides a brief explanation of the provisions included in the Senate Amendment to H.R. 3762. For information about H.R. 3762, see CRS Report R44238, Potential Policy Implications of the House Reconciliation Bill (H.R. 3762), coordinated by Annie L. Mach.