AMENDMENT NO. llll Calendar No

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AMENDMENT NO.llll

Calendar No.lll

Purpose: In the nature of a substitute.

IN THE SENATE OF THE UNITED STATES--115th Cong., 1st Sess.

H. R. 1628

To provide for reconciliation pursuant to title II of the concurrent resolution on the budget for fiscal year 2017.

Referred to the Committee on llllllllll and ordered to be printed

Ordered to lie on the table and to be printed

AMENDMENT IN THE NATURE OF A SUBSTITUTE intended to be proposed by lllllll

Viz:

1

Strike all after the enacting clause and insert the fol-

2 lowing:

3 SECTION 1. SHORT TITLE.

4

This Act may be cited as the ``Better Care Reconcili-

5 ation Act of 2017''.

6

TITLE I

7 SEC. 101. ELIMINATION OF LIMITATION ON RECAPTURE OF

8

EXCESS ADVANCE PAYMENTS OF PREMIUM

9

TAX CREDITS.

10

Subparagraph (B) of section 36B(f)(2) of the Inter-

11 nal Revenue Code of 1986 is amended by adding at the

12 end the following new clause:

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1

``(iii) NONAPPLICABILITY OF LIMITA-

2

TION.--This subparagraph shall not apply

3

to taxable years ending after December 31,

4

2017.''.

5 SEC. 102. RESTRICTIONS FOR THE PREMIUM TAX CREDIT.

6

(a) ELIGIBILITY FOR CREDIT.--

7

(1) IN GENERAL.--Section 36B(c)(1) of the In-

8

ternal Revenue Code of 1986 is amended--

9

(A) by striking ``equals or exceeds 100 per-

10

cent but does not exceed 400 percent'' in sub-

11

paragraph (A) and inserting ``does not exceed

12

350 percent'', and

13

(B) by striking subparagraph (B) and re-

14

designating subparagraphs (C) and (D) as sub-

15

paragraphs (B) and (C), respectively.

16

(2) TREATMENT OF CERTAIN ALIENS.--

17

(A) IN GENERAL.--Paragraph (2) of sec-

18

tion 36B(e) of the Internal Revenue Code of

19

1986 is amended by striking ``an alien lawfully

20

present in the United States'' and inserting ``a

21

qualified alien (within the meaning of section

22

431 of the Personal Responsibility and Work

23

Opportunity Reconciliation Act of 1996)''.

24

(B) AMENDMENTS TO PATIENT PROTEC-

25

TION AND AFFORDABLE CARE ACT.--

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(i) Section 1411(a)(1) of the Patient

Protection and Affordable Care Act is

amended by striking ``or an alien lawfully

present in the United States'' and insert-

ing ``or a qualified alien (within the mean-

ing of section 431 of the Personal Respon-

sibility and Work Opportunity Reconcili-

ation Act of 1996)''.

(ii) Section 1411(c)(2)(B) of such Act

is amended by striking ``an alien lawfully

present in the United States'' each place it

appears in clauses (i)(I) and (ii)(II) and

inserting ``a qualified alien (within the

meaning of section 431 of the Personal Re-

sponsibility and Work Opportunity Rec-

onciliation Act of 1996)''.

(iii) Section 1412(d) of such Act is

amended--

(I) by striking ``not lawfully

present in the United States'' and in-

serting ``not citizens or nationals of

the United States or qualified aliens

(within the meaning of section 431 of

the Personal Responsibility and Work

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1

Opportunity Reconciliation Act of

2

1996)'', and

3

(II) by striking ``INDIVIDUALS

4

NOT LAWFULLY PRESENT'' in the

5

heading and inserting ``CERTAIN

6

ALIENS''.

7

(b) MODIFICATION OF LIMITATION ON PREMIUM AS-

8 SISTANCE AMOUNT.--

9

(1) USE OF BENCHMARK PLAN.--Section

10

36B(b) of the Internal Revenue Code of 1986 is

11

amended--

12

(A) by striking ``applicable second lowest

13

cost silver plan'' each place it appears in para-

14

graph (2)(B)(i) and (3)(C) and inserting ``ap-

15

plicable median cost benchmark plan'',

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(B) by striking ``such silver plan'' in para-

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graph (3)(C) and inserting ``such benchmark

18

plan'', and

19

(C) in paragraph (3)(B)--

20

(i) by redesignating clauses (i) and

21

(ii) as clauses (iii) and (iv), respectively,

22

and by striking all that precedes clause

23

(iii) (as so redesignated) and inserting the

24

following:

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``(B) APPLICABLE MEDIAN COST BENCH-

MARK PLAN.--The applicable median cost

benchmark plan with respect to any applicable

taxpayer is the qualified health plan offered in

the individual market in the rating area in

which the taxpayer resides which--

``(i) provides a level of coverage that

is designed to provide benefits that are ac-

tuarially equivalent to 58 percent of the

full actuarial value of the benefits (as de-

termined under rules similar to the rules of

paragraphs (2) and (3) of section 1302(d)

of the Patient Protection and Affordable

Care Act) provided under the plan,

``(ii) has a premium which is the me-

dian premium of all qualified health plans

described in clause (i) which are offered in

the individual market in such rating area

(or, in any case in which no such plan has

such median premium, has a premium

nearest (but not in excess of) such median

premium),'', and

(ii) by striking ``clause (ii)(I)'' in the

flush text at the end and inserting ``clause

(iv)(I)''.

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