S.Amdt. 3084

SA 3084. Mr. TOOMEY submitted an amendment intended to be proposed by him to the bill H.R. 3474, to amend the Internal Revenue Code of 1986 to allow employers to exempt employees with health coverage under TRICARE or the Veterans Administration from being taken into account for purposes of the employer mandate under the Patient Protection and Affordable Care Act; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--OTHER PROVISIONS

SEC. _01. PROHIBITION ON USE OF WAIVER THREATENING BALD EAGLES.

(a) In General.--Subsection (e) of section 45 is amended by adding at the end the following new paragraph:

“(12) Protection of bald eagles.--

“(A) In general.--Sales shall be taken into account under this section only with respect to electricity produced by a taxpayer who does not have in effect a waiver granted by the Federal government or any agency or instrumentality thereof from any Federal law or provision thereof protecting the life, well-being, or habitat of the bald eagle.

“(B) Recapture of benefit.--In the case of any taxpayer--

“(i) who has in effect a waiver described in subparagraph (A) as of the date of the enactment of this paragraph, and

“(ii) who has claimed the credit under section 38 by reason of this section for any preceding taxable year, the tax imposed under subtitle A on the taxpayer for the taxable year that includes such date of enactment shall be increased by so much of such credit as was allowed under section 38, and the general business carryforwards under section 39 shall be adjusted so as to recapture the portion of such credit which is equal to such amount.

“(C) Renunciation of waiver.--Any taxpayer to whom subparagraph (B) would otherwise apply (but for the second sentence of this subparagraph) may elect to renounce in writing the waiver described in subparagraph (A). If such renunciation is made to the Secretary and to the appropriate Federal officer of the agency that issued such waiver not later than 12 months after the date of the enactment of this paragraph, such taxpayer shall be exempt from the increase in tax under subparagraph (B).”.

(b) Effective Date.--The amendment made by this section shall apply to electricity produced and sold after the date of the enactment of this Act.