Page:United States Statutes at Large Volume 124.djvu/1092

124 STAT. 1066 PUBLIC LAW 111–152—MAR. 30, 2010 ‘‘(i) which is incorporated as a nonprofit corpora- tion under a State law, ‘‘(ii) no part of the net earnings of which inures to the benefit of any private shareholder or individual, no substantial part of the activities of which is carrying on propaganda, or otherwise attempting, to influence legislation (except as otherwise provided in section 501(h) of the Internal Revenue Code of 1986), and which does not participate in, or intervene in (including the publishing or distributing of statements), any polit- ical campaign on behalf of (or in opposition to) any candidate for public office, and ‘‘(iii) more than 80 percent of the gross revenues of which is received from government programs that target low-income, elderly, or disabled populations under titles XVIII, XIX, and XXI of the Social Security Act, and ‘‘(D) any entity which is described in section 501(c)(9) of such Code and which is established by an entity (other than by an employer or employers) for purposes of providing health care benefits.’’; (C) in paragraph (3)(A), by striking ‘‘subparagraph (C)(i)(I), (D)(i)(I), or (E)(i)’’ and inserting ‘‘subparagraph (C) or (D)’’; and (D) by adding at the end the following new paragraph: ‘‘(4) JOINT AND SEVERAL LIABILITY.—If more than one per- son is liable for payment of the fee under subsection (a) with respect to a single covered entity by reason of the application of paragraph (3), all such persons shall be jointly and severally liable for payment of such fee.’’; (4) by striking subsection (e) and inserting the following: ‘‘(e) APPLICABLE AMOUNT.—For purposes of subsection (b)(1)— ‘‘(1) YEARS BEFORE 2019.—In the case of calendar years beginning before 2019, the applicable amount shall be deter- mined in accordance with the following table: ‘‘Calendar year Applicable amount 2014 ............................................................................... $8,000,000,000 2015 ............................................................................... $11,300,000,000 2016 ............................................................................... $11,300,000,000 2017 ............................................................................... $13,900,000,000 2018 ............................................................................... $14,300,000,000. ‘‘(2) YEARS AFTER 2018.—In the case of any calendar year beginning after 2018, the applicable amount shall be the applicable amount for the preceding calendar year increased by the rate of premium growth (within the meaning of section 36B(b)(3)(A)(ii) of the Internal Revenue Code of 1986) for such preceding calendar year.’’; (5) in subsection (g), by adding at the end the following new paragraphs: ‘‘(3) ACCURACY-RELATED PENALTY.— ‘‘(A) IN GENERAL.—In the case of any understatement of a covered entity’s net premiums written with respect to health insurance for any United States health risk for any calendar year, there shall be paid by the covered entity making such understatement, an amount equal to the excess of— Determination.