Us Congress 2023-2024 Regular Session

Us Congress House Bill HB107 Compare Versions

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11 I
22 118THCONGRESS
33 1
44 STSESSION H. R. 107
55 To amend the Internal Revenue Code of 1986 to allow for tax-advantaged
66 distributions from health savings accounts during family or medical leave,
77 and for other purposes.
88 IN THE HOUSE OF REPRESENTATIVES
99 JANUARY9, 2023
1010 Mr. B
1111 IGGSintroduced the following bill; which was referred to the Committee
1212 on Ways and Means
1313 A BILL
1414 To amend the Internal Revenue Code of 1986 to allow for
1515 tax-advantaged distributions from health savings ac-
1616 counts during family or medical leave, and for other
1717 purposes.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Freedom for Families 4
2222 Act’’. 5
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2525 •HR 107 IH
2626 SEC. 2. DISTRIBUTIONS FROM HEALTH SAVINGS ACCOUNTS 1
2727 DURING PERIODS OF QUALIFIED 2
2828 CAREGIVING. 3
2929 (a) I
3030 NGENERAL.—Paragraphs (1) and (2) of section 4
3131 223(f) of the Internal Revenue Code of 1986 are amended 5
3232 to read as follows: 6
3333 ‘‘(1) E
3434 XCLUSION OF AMOUNTS USED FOR 7
3535 QUALIFIED MEDICAL EXPENSES OR DISTRIBUTED 8
3636 DURING PERIODS OF QUALIFIED CAREGIVING .—Any 9
3737 amount paid or distributed out of a health savings 10
3838 account shall not be includible in gross income if it 11
3939 is— 12
4040 ‘‘(A) used exclusively to pay qualified med-13
4141 ical expenses of any account beneficiary, or 14
4242 ‘‘(B) paid or distributed during a period of 15
4343 qualified caregiving. 16
4444 ‘‘(2) I
4545 NCLUSION OF AMOUNTS NEITHER USED 17
4646 FOR QUALIFIED MEDICAL EXPENSES NOR DISTRIB -18
4747 UTED DURING PERIODS OF QUALIFIED 19
4848 CAREGIVING.—Any amount paid or distributed out 20
4949 of a health savings account shall be included in the 21
5050 gross income of the account beneficiary if it is not 22
5151 described in paragraph (1).’’. 23
5252 (b) D
5353 EFINITION OF PERIOD OF QUALIFIED 24
5454 C
5555 AREGIVING.—Section 223(f) of the Internal Revenue 25
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5858 •HR 107 IH
5959 Code of 1986 is amended by adding at the end the fol-1
6060 lowing new paragraph: 2
6161 ‘‘(9) P
6262 ERIOD OFQUALIFIEDCAREGIVING.—For pur-3
6363 poses of this section, the term ‘period of qualified 4
6464 caregiving’ means any period during which an individual 5
6565 is on leave or not employed by reason of a situation de-6
6666 scribed in subparagraphs (A) through (E) of section 7
6767 102(a)(1) of the Family and Medical Leave Act of 1993.’’. 8
6868 (c) C
6969 ONFORMINGAMENDMENTS.— 9
7070 (1) Section 223(d)(1) of such Code is amended 10
7171 by inserting ‘‘or the expenses incurred during a pe-11
7272 riod of qualified caregiving of the account bene-12
7373 ficiary’’ after ‘‘paying the qualified medical expenses 13
7474 of the account beneficiary’’. 14
7575 (2) Section 223(f)(4) of such Code is amended 15
7676 in the heading by striking ‘‘
7777 DISTRIBUTIONS NOT 16
7878 USED FOR QUALIFIED MEDICAL EXPENSES ’’ and in-17
7979 serting ‘‘
8080 CERTAIN DISTRIBUTIONS’’. 18
8181 (d) E
8282 FFECTIVEDATE.—The amendments made by 19
8383 this section shall apply with respect to taxable years begin-20
8484 ning after the date of the enactment of this Act. 21
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8787 •HR 107 IH
8888 SEC. 3. NO HIGH DEDUCTIBLE HEALTH PLAN REQUIRED 1
8989 FOR HEALTH SAVINGS ACCOUNTS. 2
9090 (a) I
9191 NGENERAL.—Section 223(a) of the Internal 3
9292 Revenue Code of 1986 is amended by striking ‘‘who is an 4
9393 eligible individual for any month during the taxable year’’. 5
9494 (b) C
9595 ONFORMINGAMENDMENTS.— 6
9696 (1) Section 223(b) of such Code is amended by 7
9797 striking paragraphs (7) and (8). 8
9898 (2) Section 223 of such Code is amended by 9
9999 striking subsection (c). 10
100100 (c) I
101101 NCREASE INCONTRIBUTIONLIMIT FORHEALTH 11
102102 S
103103 AVINGSACCOUNTS.— 12
104104 (1) I
105105 N GENERAL.—Section 223(b)(1) of the In-13
106106 ternal Revenue Code of 1986 is amended by striking 14
107107 ‘‘the sum of the monthly’’ and all that follows 15
108108 through ‘‘eligible individual’’ and inserting ‘‘$9,000 16
109109 (twice such amount in the case of a joint return)’’. 17
110110 (2) C
111111 ONFORMING AMENDMENTS .— 18
112112 (A) Section 223(b) of such Code is amend-19
113113 ed by striking paragraphs (2), (3), and (5) and 20
114114 by redesignating paragraphs (4) and (6) as 21
115115 paragraphs (2) and (3), respectively. 22
116116 (B) Section 223(b)(2) of such Code (as re-23
117117 designated by subparagraph (A)) is amended by 24
118118 striking the last sentence. 25
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121121 •HR 107 IH
122122 (C) Section 223(d)(1)(A)(ii) is amended by 1
123123 striking ‘‘the sum of’’ and all that follows 2
124124 through the period at the end and inserting 3
125125 ‘‘the dollar amount in effect under subsection 4
126126 (b)(1).’’. 5
127127 (D) Section 223(g)(1) of such Code is 6
128128 amended— 7
129129 (i) by striking ‘‘Each dollar amount in 8
130130 subsections (b)(2) and (c)(2)(A)’’ and in-9
131131 serting ‘‘The dollar amount in subsection 10
132132 (b)(1)’’; 11
133133 (ii) by striking ‘‘thereof’’ and all that 12
134134 follows through ‘‘‘calendar year 2003’.’’ 13
135135 and inserting ‘‘‘calendar year 1997’.’’; and 14
136136 (iii) by striking ‘‘under subsections 15
137137 (b)(2) and (c)(2)(A)’’ and inserting ‘‘under 16
138138 subsection (b)(1)’’. 17
139139 (d) E
140140 FFECTIVEDATE.—The amendments made by 18
141141 this section shall apply with respect to months in taxable 19
142142 years beginning after the date of the enactment of this 20
143143 Act. 21
144144 Æ
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