Protecting Volunteer Firefighters And Emergency Responders Act
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The Protecting Volunteer Firefighters and Emergency Responders Act (, ) is a bill that amends the
Internal Revenue Code The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 ...
to exclude volunteer hours of volunteer firefighters and emergency medical personnel from counting towards the calculation of the number of a firm’s full-time employees for purposes of certain provisions of the
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presid ...
. This would mean that there is no requirement that volunteer emergency responders be offered health care by the organization they volunteer with. The bill was proposed in the
113th United States Congress The 113th United States Congress was a meeting of the legislative branch of the United States federal government, from January 3, 2013, to January 3, 2015, during the fifth and sixth years of Presidency of Barack Obama, Barack Obama's presiden ...
as , and passed, but the text of the bill was modified, ultimately turning the bill into a defense authorization. In the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
, Majority Leader
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
chose to use the bill as a legislative vehicle to pass an extension of federal long-term unemployment insurance benefits. When the bill reached the senate, Reid added substantial provisions on unemployment, renaming the bill the Emergency Unemployment Compensation Extension Act of 2014. The bill passed the Senate with the new unemployment language. The bill was passed into law as Carl Levin and Howard P. "Buck" McKeon National Defense Authorization Act for Fiscal Year 2015. () The language of the original bill was passed in the 114th congress.


Background

The employer mandate is a penalty that will be incurred by employers with more than 50 employees that do not offer health insurance to their full-time workers. This provision was included as a disincentive for employers considering dropping their current insurance plans once the insurance exchanges began operating as an alternative source of insurance. Proponents of the reform law wanted to address the parts of the healthcare system they believed to not be working well, while causing minimal disruption to those happy with the coverage they have.


Provisions of the bill


The Protecting Volunteer Firefighters and Emergency Responders Act

The Protecting Volunteer Firefighters and Emergency Responders Act would amend the Internal Revenue Code to provide that a bona fide volunteer providing firefighting and prevention services, emergency medical services, or ambulance services to a state or local government or a tax-exempt organization shall not be counted in determining the number of full-time employees of an employer for purposes of the employer mandate to provide health care coverage under the
Patient Protection and Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presi ...
.


Unemployment insurance

H.R. 3979, as amended by the Senate, would extend the federal unemployment insurance program for another five months. One of the provisions, planned by Senators Jack Reed (D-RI) and
Dean Heller Dean Arthur Heller (born May 10, 1960) is an American businessman and politician who served as a United States senator for Nevada from 2011 to 2019. A member of the Republican Party, he served as the 15th secretary of state of Nevada from 1995 ...
(R-NV), would provide the people whose unemployment benefits ended on December 28, 2013 with retroactive benefits. This would affect more than 2 million people.


Congressional Budget Office report

''This summary is based largely on the summary provided by the
Congressional Budget Office The Congressional Budget Office (CBO) is a federal agency within the legislative branch of the United States government that provides budget and economic information to Congress. Inspired by California's Legislative Analyst's Office that manages ...
, as ordered reported by the House Committee on Ways and Means on February 4, 2014. This is a
public domain The public domain (PD) consists of all the creative work A creative work is a manifestation of creative effort including fine artwork (sculpture, paintings, drawing, sketching, performance art), dance, writing (literature), filmmaking, ...
source.'' H.R. 3979 would amend the
Internal Revenue Code The Internal Revenue Code (IRC), formally the Internal Revenue Code of 1986, is the domestic portion of federal statutory tax law in the United States, published in various volumes of the United States Statutes at Large, and separately as Title 26 ...
to exclude volunteer hours of volunteer firefighters and emergency medical personnel from counting towards the calculation of the number of a firm’s full-time employees for purposes of certain provisions of the
Affordable Care Act The Affordable Care Act (ACA), formally known as the Patient Protection and Affordable Care Act and colloquially known as Obamacare, is a landmark U.S. federal statute enacted by the 111th United States Congress and signed into law by Presid ...
. Those provisions require certain employers with 50 or more full-time equivalent employees to either offer health care coverage of a certain standard or be subject to penalties. The
Congressional Budget Office The Congressional Budget Office (CBO) is a federal agency within the legislative branch of the United States government that provides budget and economic information to Congress. Inspired by California's Legislative Analyst's Office that manages ...
(CBO) and the staff of the
Joint Committee on Taxation The Joint Committee on Taxation (JCT) is a Committee of the U.S. Congress established under the Internal Revenue Code at . Structure The Joint Committee is composed of ten Members: five from the Senate Finance Committee and five from the House ...
(JCT) estimate that H.R. 3979 would have no significant budgetary effect because the
U.S. Treasury Department The Department of the Treasury (USDT) is the national treasury and finance department of the federal government of the United States, where it serves as an executive department. The department oversees the Bureau of Engraving and Printing and ...
has issued final regulations that, by CBO’s and JCT’s assessment, provide the same treatment for those groups as H.R. 3979. Enacting H.R. 3979 would not affect direct spending or revenues; therefore,
pay-as-you-go Pay as you go or PAYG may refer to: Finance * Pay-as-you-go tax, or pay-as-you-earn tax * Pay-as-you-go pension plan * PAYGO, the practice in the US of financing expenditures with current funds rather than borrowing * PAUG, a structured financia ...
procedures do not apply. JCT has determined that the bill contains no intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act The Unfunded Mandates Reform Act of 1995 (UMRA''(pdf)https://www.govinfo.gov/content/pkg/USCODE-1995-title2/html/USCODE-1995-title2-chap25.htm (text)] restricts the federal government of the United States, federal imposition of unfunded mandates on ...
.


Procedural history

The Protecting Volunteer Firefighters and Emergency Responders Act was introduced into the
United States House of Representatives The United States House of Representatives, often referred to as the House of Representatives, the U.S. House, or simply the House, is the Lower house, lower chamber of the United States Congress, with the United States Senate, Senate being ...
on January 31, 2014 by Rep. Lou Barletta (R, PA-11). It was referred to the
United States House Committee on Ways and Means The Committee on Ways and Means is the chief tax-writing committee of the United States House of Representatives. The committee has jurisdiction over all taxation, tariffs, and other revenue-raising measures, as well as a number of other progra ...
. On February 4, 2014, the bill was ordered reported (amended) alongsid
House Report 113-360
On March 7, 2014, House Majority Leader
Eric Cantor Eric Ivan Cantor (born June 6, 1963) is an American lawyer and former politician who represented Virginia's 7th congressional district in the United States House of Representatives from 2001 to 2014. A Republican, Cantor served as House Minori ...
announced that H.R. 3979 would be considered under a
suspension of the rules In parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise. However, there are rules that cannot be suspended. Explanation of use Rules are ess ...
on March 11, 2014. At the time, the bill had 106 co-sponsors, 15 of which were Democrats. The House passed the bill i
Roll Call Vote 116
410-0 on March 11, 2014. In the
United States Senate The United States Senate is the upper chamber of the United States Congress, with the House of Representatives being the lower chamber. Together they compose the national bicameral legislature of the United States. The composition and pow ...
, Senate Majority Leader
Harry Reid Harry Mason Reid Jr. (; December 2, 1939 – December 28, 2021) was an American lawyer and politician who served as a United States senator from Nevada from 1987 to 2017. He led the Senate Democratic Caucus from 2005 to 2017 and was the Sena ...
decided to use the bill as a legislative vehicle for passing another extension of federal unemployment for people who have been unemployed a long time. The new bill still contains the original material about volunteer responders, but now focuses on extending unemployment insurance. Reid used the volunteer responders bill as a vehicle "as a way to more easily send the UI extension bill back to the House."


Debate and discussion


The Protecting Volunteer Firefighters and Emergency Responders Act

Rep. Barletta, who sponsored the bill, argued that it is necessary because the
Internal Revenue Service The Internal Revenue Service (IRS) is the revenue service for the United States federal government, which is responsible for collecting U.S. federal taxes and administering the Internal Revenue Code, the main body of the federal statutory ta ...
had initially said that it would be requiring organizations to provide these volunteers with insurance, something that would be prohibitively expensive for some of them. The Department of the Treasury, which the IRS is part of, announced on January 10 that these volunteers would not be required to be provided with insurance, but supporters still wanted to make that "crystal clear in statute" instead of relying on a mere rule. The bill had the supporter of the
National Volunteer Fire Council The National Volunteer Fire Council (NVFC) is the leading 501(c)(3) nonprofit membership association representing the interests of the volunteer fire, EMS, and rescue services. Founded in 1976, the NVFC serves as the voice of the volunteer in the n ...
, which said it "appreciates the bi-partisan support that we've received on this issue."


Unemployment insurance

The House was considered unlikely to take up the Senate's revised bill, since Speaker of the House
John Boehner John Andrew Boehner ( ; born , 1949) is an American retired politician who served as the 53rd speaker of the United States House of Representatives from 2011 to 2015. A member of the Republican Party, he served 13 terms as the U.S. represe ...
(R-OH) said the House would not be considering the bill since it lacked any measures to improve job creation. Senator Reid argued that the bill should be passed because "unemployment benefits stimulate the economy quicker and faster than any other thing."


See also

*
List of bills in the 113th United States Congress The bills of the 113th United States Congress list includes proposed federal laws that were introduced in the 113th United States Congress. This Congress lasted from January 3, 2013, to January 3, 2015. The United States Congress is the bicamer ...
*
Health insurance mandate A health insurance mandate is either an employer or individual mandate to obtain private health insurance instead of (or in addition to) a national health insurance plan.D. Andrew Austin, Thomas L. Hungerford (2010). Market Structure of the ...
*
Unemployment in the United States Unemployment in the United States discusses the causes and measures of U.S. unemployment and strategies for reducing it. Job creation and unemployment are affected by factors such as economic conditions, global competition, education, autom ...
*
Unemployment benefits Unemployment benefits, also called unemployment insurance, unemployment payment, unemployment compensation, or simply unemployment, are payments made by authorized bodies to unemployment, unemployed people. In the United States, benefits are fun ...


Notes/References


External links


Library of Congress - Thomas H.R. 3979beta.congress.gov H.R. 3979GovTrack.us H.R. 3979OpenCongress.org H.R. 3979Congressional Budget Office's report on H.R. 3979
{{US government sources Acts of the 114th United States Congress Legislation attempting to reform or repeal the Affordable Care Act