S.Amdt. 2725
What it does: Adds SEC. __. TO CLASSIFY THE INDIVIDUAL MANDATE AS A NON-TAX wherever appropriate
Sen. Mike Lee (R-UT)What it changes
1 change to S. 3414
Adds SEC. __. TO CLASSIFY THE INDIVIDUAL MANDATE AS A NON-TAX wherever appropriate
Adds a sectionInserted: SEC. __. TO CLASSIFY THE INDIVIDUAL MANDATE AS A NON-TAX.
Inserted: (a) Finding.--Congress finds that on June 28, 2012, the Supreme Court ruled that the individual mandate imposed by section 1501 of the Patient Protection and Affordable Care Act (Public Law 111-148) and amended by section 10106 of such Act and sections 1002 and 1004 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), has certain functional characteristics of a tax and could be sustained as an exercise of Congress's power to tax under article I, section 8, clause 1 of the Constitution.
Inserted: (b) Classification of Individual Mandate as Non-tax.--
Inserted: (1) In general.--Section 1501 of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended by adding at the end the following new subsection:
Inserted: "(e) Rule of Construction.--Nothing in the amendments made by this section shall be construed as imposing any tax or as an exercise of any power of Congress enumerated in article I, section 8, clause 1 of, or the 16th amendment to, the Constitution.".
Inserted: (2) Effective date.--The amendment made by this section shall apply as if included in the enactment of section 1501 of the Patient Protection and Affordable Care Act.
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Original wording
At the appropriate place, insert the following:
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As printed
SA 2725. Mr. LEE submitted an amendment intended to be proposed by him to the bill S. 3414, to enhance the security and resiliency of the cyber and communications infrastructure of the United States; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. TO CLASSIFY THE INDIVIDUAL MANDATE AS A NON-TAX.
(a) Finding.--Congress finds that on June 28, 2012, the Supreme Court ruled that the individual mandate imposed by section 1501 of the Patient Protection and Affordable Care Act (Public Law 111-148) and amended by section 10106 of such Act and sections 1002 and 1004 of the Health Care and Education Reconciliation Act of 2010 (Public Law 111-152), has certain functional characteristics of a tax and could be sustained as an exercise of Congress's power to tax under article I, section 8, clause 1 of the Constitution.
(b) Classification of Individual Mandate as Non-tax.--
(1) In general.--Section 1501 of the Patient Protection and Affordable Care Act (Public Law 111-148) is amended by adding at the end the following new subsection:
“(e) Rule of Construction.--Nothing in the amendments made by this section shall be construed as imposing any tax or as an exercise of any power of Congress enumerated in article I, section 8, clause 1 of, or the 16th amendment to, the Constitution.”.
(2) Effective date.--The amendment made by this section shall apply as if included in the enactment of section 1501 of the Patient Protection and Affordable Care Act.
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Senate amendment submitted
July 31, 2012