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1 which subsection (a) applies shall be reduced by the
2 amount of the credit determined under this section.
3 ‘‘(4) INFLATION ADJUSTMENT.—In the case of
4 any taxable year beginning after 2013, each of the
5 dollar amounts in subsections (b)(2), (c)(2), and
6 (e)(2) shall be increased by an amount equal to—
7 ‘‘(A) such dollar amount, multiplied by
8 ‘‘(B) the cost of living adjustment deter-
9 mined under section 1(f)(3) for the calendar
10 year in which the taxable year begins deter-
11 mined by substituting ‘calendar year 2012’ for
12 ‘calendar year 1992’ in subparagraph (B)
13 thereof.
14 If any increase determined under this paragraph is
15 not a multiple of $50, such increase shall be rounded
16 to the next lowest multiple of $50.’’.
17 (b) CREDIT TO BE PART OF GENERAL BUSINESS
18 CREDIT.—Subsection (b) of section 38 of such Code (re-
19 lating to general business credit) is amended by striking
20 ‘‘plus’’ at the end of paragraph (34), by striking the period
21 at the end of paragraph (35) and inserting ‘‘, plus’’ , and
22 by adding at the end the following new paragraph:
23 ‘‘(36) in the case of a qualified small employer
24 (as defined in section 45R(e)), the small business

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1 employee health coverage credit determined under
2 section 45R(a).’’.
3 (c) CLERICAL AMENDMENT.—The table of sections
4 for subpart D of part IV of subchapter A of chapter 1
5 of such Code is amended by inserting after the item relat-
6 ing to section 45Q the following new item:
‘‘Sec. 45R. Small business employee health coverage credit.’’.

7 (d) EFFECTIVE DATE.—The amendments made by

8 this section shall apply to taxable years beginning after
9 December 31, 2012.
10 Subtitle C—Disclosures to Carry
11 Out Health Insurance Exchange
12 Subsidies
13 SEC. 431. DISCLOSURES TO CARRY OUT HEALTH INSUR-

14 ANCE EXCHANGE SUBSIDIES.

15 (a) IN GENERAL.—Subsection (l) of section 6103 of

16 the Internal Revenue Code of 1986 is amended by adding
17 at the end the following new paragraph:
18 ‘‘(21) DISCLOSURE OF RETURN INFORMATION

19 TO CARRY OUT HEALTH INSURANCE EXCHANGE SUB-

20 SIDIES.—

21 ‘‘(A) IN GENERAL.—The Secretary, upon

22 written request from the Health Choices Com-
23 missioner or the head of a State-based health
24 insurance exchange approved for operation
25 under section 208 of the America’s Affordable
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1 Health Choices Act of 2009, shall disclose to of-
2 ficers and employees of the Health Choices Ad-
3 ministration or such State-based health insur-
4 ance exchange, as the case may be, return in-
5 formation of any taxpayer whose income is rel-
6 evant in determining any affordability credit de-
7 scribed in subtitle C of title II of the America’s
8 Affordable Health Choices Act of 2009. Such
9 return information shall be limited to—
10 ‘‘(i) taxpayer identity information
11 with respect to such taxpayer,
12 ‘‘(ii) the filing status of such tax-
13 payer,
14 ‘‘(iii) the modified adjusted gross in-
15 come of such taxpayer (as defined in sec-
16 tion 59B(e)(5)),
17 ‘‘(iv) the number of dependents of the
18 taxpayer,
19 ‘‘(v) such other information as is pre-
20 scribed by the Secretary by regulation as
21 might indicate whether the taxpayer is eli-
22 gible for such affordability credits (and the
23 amount thereof), and
24 ‘‘(vi) the taxable year with respect to
25 which the preceding information relates or,

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1 if applicable, the fact that such informa-
2 tion is not available.
3 ‘‘(B) RESTRICTION ON USE OF DISCLOSED

4 INFORMATION.—Return information disclosed

5 under subparagraph (A) may be used by offi-
6 cers and employees of the Health Choices Ad-
7 ministration or such State-based health insur-
8 ance exchange, as the case may be, only for the
9 purposes of, and to the extent necessary in, es-
10 tablishing and verifying the appropriate amount
11 of any affordability credit described in subtitle
12 C of title II of the America’s Affordable Health
13 Choices Act of 2009 and providing for the re-
14 payment of any such credit which was in excess
15 of such appropriate amount.’’.
16 (b) PROCEDURES AND RECORDKEEPING RELATED
17 TO DISCLOSURES.—Paragraph (4) of section 6103(p) of
18 such Code is amended—
19 (1) by inserting ‘‘, or any entity described in
20 subsection (l)(21),’’ after ‘‘or (20)’’ in the matter
21 preceding subparagraph (A),
22 (2) by inserting ‘‘or any entity described in sub-
23 section (l)(21),’’ after ‘‘or (o)(1)(A)’’ in subpara-
24 graph (F)(ii), and

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1 (3) by inserting ‘‘or any entity described in sub-
2 section (l)(21),’’ after ‘‘or (20)’’ both places it ap-
3 pears in the matter after subparagraph (F).
4 (c) UNAUTHORIZED DISCLOSURE OR INSPECTION.—
5 Paragraph (2) of section 7213(a) of such Code is amended
6 by striking ‘‘or (20)’’ and inserting ‘‘(20), or (21)’’.
7 Subtitle D—Other Revenue
8 Provisions
9 PART 1—GENERAL PROVISIONS

10 SEC. 441. SURCHARGE ON HIGH INCOME INDIVIDUALS.

11 (a) IN GENERAL.—Part VIII of subchapter A of

12 chapter 1 of the Internal Revenue Code of 1986, as added
13 by this title, is amended by adding at the end the following
14 new subpart:
15 ‘‘Subpart B—Surcharge on High Income Individuals

‘‘Sec. 59C. Surcharge on high income individuals.

16 ‘‘SEC. 59C. SURCHARGE ON HIGH INCOME INDIVIDUALS.

17 ‘‘(a) GENERAL RULE.—In the case of a taxpayer

18 other than a corporation, there is hereby imposed (in addi-
19 tion to any other tax imposed by this subtitle) a tax equal
20 to—
21 ‘‘(1) 1 percent of so much of the modified ad-
22 justed gross income of the taxpayer as exceeds
23 $350,000 but does not exceed $500,000,

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1 ‘‘(2) 1.5 percent of so much of the modified ad-
2 justed gross income of the taxpayer as exceeds
3 $500,000 but does not exceed $1,000,000, and
4 ‘‘(3) 5.4 percent of so much of the modified ad-
5 justed gross income of the taxpayer as exceeds
6 $1,000,000.
7 ‘‘(b) TAXPAYERS NOT MAKING A JOINT RETURN.—
8 In the case of any taxpayer other than a taxpayer making
9 a joint return under section 6013 or a surviving spouse
10 (as defined in section 2(a)), subsection (a) shall be applied
11 by substituting for each of the dollar amounts therein
12 (after any increase determined under subsection (e)) a dol-
13 lar amount equal to—
14 ‘‘(1) 50 percent of the dollar amount so in ef-
15 fect in the case of a married individual filing a sepa-
16 rate return, and
17 ‘‘(2) 80 percent of the dollar amount so in ef-
18 fect in any other case.
19 ‘‘(c) ADJUSTMENTS BASED ON FEDERAL HEALTH
20 REFORM SAVINGS.—
21 ‘‘(1) IN GENERAL.—Except as provided in para-
22 graph (2), in the case of any taxable year beginning
23 after December 31, 2012, subsection (a) shall be ap-
24 plied—

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1 ‘‘(A) by substituting ‘2 percent’ for ‘1 per-
2 cent’, and
3 ‘‘(B) by substituting ‘3 percent’ for ‘1.5
4 percent’.
5 ‘‘(2) ADJUSTMENTS BASED ON EXCESS FED-

6 ERAL HEALTH REFORM SAVINGS.—

7 ‘‘(A) EXCEPTION IF FEDERAL HEALTH RE-

8 FORM SAVINGS SIGNIFICANTLY EXCEEDS BASE

9 AMOUNT.—If the excess Federal health reform

10 savings is more than $150,000,000,000 but not
11 more than $175,000,000,000, paragraph (1)
12 shall not apply.
13 ‘‘(B) FURTHER ADJUSTMENT FOR ADDI-

14 TIONAL FEDERAL HEALTH REFORM SAVINGS.—

15 If the excess Federal health reform savings is

16 more than $175,000,000,000, paragraphs (1)
17 and (2) of subsection (a) (and paragraph (1) of
18 this subsection) shall not apply to any taxable
19 year beginning after December 31, 2012.
20 ‘‘(C) EXCESS FEDERAL HEALTH REFORM

21 SAVINGS.—For purposes of this subsection, the

22 term ‘excess Federal health reform savings’
23 means the excess of—
24 ‘‘(i) the Federal health reform sav-
25 ings, over

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1 ‘‘(ii) $525,000,000,000.
2 ‘‘(D) FEDERAL HEALTH REFORM SAV-

3 INGS.—The term ‘Federal health reform sav-

4 ings’ means the sum of the amounts described
5 in subparagraphs (A) and (B) of paragraph (3).
6 ‘‘(3) DETERMINATION OF FEDERAL HEALTH

7 REFORM SAVINGS.—Not later than December 1,

8 2012, the Director of the Office of Management and
9 Budget shall—
10 ‘‘(A) determine, on the basis of the study
11 conducted under paragraph (4), the aggregate
12 reductions in Federal expenditures which have
13 been achieved as a result of the provisions of,
14 and amendments made by, division B of the
15 America’s Affordable Health Choices Act of
16 2009 during the period beginning on October 1,
17 2009, and ending with the latest date with re-
18 spect to which the Director has sufficient data
19 to make such determination, and
20 ‘‘(B) estimate, on the basis of such study
21 and the determination under subparagraph (A),
22 the aggregate reductions in Federal expendi-
23 tures which will be achieved as a result of such
24 provisions and amendments during so much of
25 the period beginning with fiscal year 2010 and

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