[Congressional Record (Bound Edition), Volume 153 (2007), Part 2]
[Senate]
[Pages 2616-2618]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 222. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 
to provide for an increase in the Federal minimum wage; which was 
ordered to lie on the table; as follows:

       At the end of the amendment add the following:
       This section shall take effect one day after date of 
     enactment.
                                 ______
                                 
  SA 223. Mr. REID submitted an amendment intended to be proposed by 
him to the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 
to provide for an increase in the Federal minimum wage; which was 
ordered to lie on the table; as follows:

       At the end of the amendment add the following:
       This section shall take effect one day after date of 
     enactment.
                                 ______
                                 
  SA 224. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 219 submitted by Ms. Landrieu and intended to be 
proposed to the amendment SA 100 proposed by Mr. Reid (for Mr. Baucus) 
to the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 to 
provide an increase in the Federal minimum wage; which was ordered to 
lie on the table; as follows:

       On page 5 of the amendment, strike lines 3 through 6, and 
     insert the following:
       (e) Applicable Calendar Quarter.--For purposes of this 
     section, the term ``applicable calendar quarter'' means any 
     calendar quarter beginning after the date of the enactment of 
     this Act and before January 1, 2008.
                                 ______
                                 
  SA 225. Mr. KENNEDY submitted an amendment intended to be proposed to 
amendment SA 118 proposed by Mr. Chambliss (for himself, Mr. Isakson, 
and Mr. Burr) to the amendment SA 100 proposed by Mr. Reid (for Mr. 
Baucus) to the bill H.R. 2, to amend the Fair Labor Standards Act of 
1938 to provide an increase in the Federal minimum wage; which was 
ordered to lie on the table; as follows:

       Strike all after the first word of the matter to be 
     inserted and insert the following:

     __. WAGES FOR AGRICULTURAL WORKERS.

       Section (6)(a)(5) of the Fair Labor Standards Act of 1938 
     (29 U.S.C. 206(a)(5)) is amended to read as follows:
       ``(5) if such employee is employed in agriculture, not less 
     than the greater of--
       ``(A) the minimum wage rate in effect under paragraph (1) 
     after December 31, 1977; or
       ``(B) the prevailing wage established by the Occupational 
     Employment Statistics program, or other wage survey, 
     conducted by the Bureau of Labor Statistics in the county of 
     intended employment, for workers who are employed in 
     agriculture in the area of work to be performed.''.

[[Page 2617]]


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  SA 226. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 
to provide an increase in the Federal minimum wage; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROVISIONS TO IMPROVE AND EXPAND THE AVAILABILITY OF 
                   HEALTH SAVINGS ACCOUNTS.

       (a) Provisions Relating to Eligibility to Contribute to 
     HSAs.--
       (1) Individuals eligible for reimbursement under spouse's 
     flexible spending arrangement.--Section 223(c)(1) (defining 
     eligible individual) is amended by adding at the end the 
     following new subparagraph:
       ``(C) Special rule for certain flexible spending 
     arrangements.--For purposes of subparagraph (A)(ii), an 
     individual shall not be treated as covered under a health 
     plan described in such subparagraph merely because the 
     individual is covered under a flexible spending arrangement 
     (within the meaning of section 106(c)(2)) which is maintained 
     by an employer of the spouse of the individual, but only if--
       ``(i) the employer is not also the employer of the 
     individual, and
       ``(ii) the individual certifies to the employer and to the 
     Secretary (in such form and manner as the Secretary may 
     prescribe) that the individual and the individual's spouse 
     will not accept reimbursement under the arrangement for any 
     expenses for medical care provided to the individual.''.
       (2) Individuals over age 65 automatically enrolled in 
     medicare part a.--Section 223(b)(7) (relating to contribution 
     limitation on medicare eligible individuals) is amended by 
     adding at the end the following new sentence: ``This 
     paragraph shall not apply to any individual during any period 
     the individual's only entitlement to such benefits is an 
     entitlement to hospital insurance benefits under part A of 
     title XVIII of such Act pursuant to an automatic enrollment 
     for such hospital insurance benefits under the regulations 
     under section 226(a)(1) of such Act.''
       (3) Individuals eligible for certain veterans benefits.--
     Section 223(c)(1) (defining eligible individual), as amended 
     by subsection (a), is amended by adding at the end the 
     following new subparagraph:
       ``(D) Special rule for individuals eligible for certain 
     veterans benefits.--For purposes of subparagraph (A)(ii), an 
     individual shall not be treated as covered under a health 
     plan described in such subparagraph merely because the 
     individual receives periodic hospital care or medical 
     services for a service-connected disability under any law 
     administered by the Secretary of Veterans Affairs but only if 
     the individual is not eligible to receive such care or 
     services for any condition other than a service-connected 
     disability.''.
       (b) Family Plan May Have Individual Annual Deductible 
     Limit.--Section 223(c)(2) (defining high deductible health 
     plan) is amended by adding at the end the following new 
     subparagraph:
       ``(E) Special rule for family coverage.--A health plan 
     providing family coverage shall not fail to meet the 
     requirements of subparagraph (A)(i)(II) merely because the 
     plan elects to provide both--
       ``(i) an aggregate annual deductible limit for all 
     individuals covered by the plan which is not less than the 
     amount in effect under subparagraph (A)(i)(II), and
       ``(ii) an annual deductible limit for each individual 
     covered by the plan which is not less than the amount in 
     effect under subparagraph (A)(i)(I).''.
       (c) Definition of Qualified Medical Expenses.--
       (1) Premiums for low premium health plans treated as 
     qualified medical expenses.--Subparagraph (C) of section 
     223(d)(2) is amended by striking ``or'' at the end of clause 
     (iii), by striking the period at the end of clause (iv) and 
     inserting ``, or'', and by adding at the end the following 
     new clause:
       ``(v) a high deductible health plan, but only if the 
     expenses are for coverage for a month with respect to which 
     the account beneficiary is an eligible individual by reason 
     of the coverage under the plan.''.
       (2) Special rule for certain medical expenses incurred 
     before establishment of account.--Paragraph (2) of section 
     223(d) is amended by adding at the end the following new 
     subparagraph:
       ``(D) Certain medical expenses incurred before 
     establishment of account treated as qualified.--An expense 
     shall not fail to be treated as a qualified medical expense 
     solely because such expense was incurred before the 
     establishment of the health savings account if such expense 
     was incurred--
       ``(i) during either--

       ``(I) the taxable year in which the health savings account 
     was established, or
       ``(II) the preceding taxable year in the case of a health 
     savings account established after the taxable year in which 
     such expense was incurred but before the time prescribed by 
     law for filing the return for such taxable year (not 
     including extensions thereof), and

       ``(ii) for medical care of an individual during a period 
     that such individual was an eligible individual.

     For purposes of clause (ii), an individual shall be treated 
     as an eligible individual for any portion of a month the 
     individual is described in subsection (c)(1), determined 
     without regard to whether the individual is covered under a 
     high deductible health plan on the 1st day of such month.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.
                                 ______
                                 
  SA 227. Mr. REID submitted an amendment intended to be proposed to 
amendment SA 118 proposed by Mr. Chambliss (for himself, Mr. Isakson, 
and Mr. Burr) to the amendment SA 100 proposed by Mr. Reid (for Mr. 
Baucus) to the bill H.R. 2, to amend the Fair Labor Standards Act of 
1938 to provide an increase in the Federal minimum wage; which was 
ordered to lie on the table; as follows:

       Strike all after the first word of the matter to be 
     inserted and insert the following:

     __. MINIMUM WAGE.

       (a) In General.--Section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to 
     read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.85 an hour, beginning on the 60th day after the 
     date of enactment of the Fair Minimum Wage Act of 2007;
       ``(B) $6.55 an hour, beginning 12 months after that 60th 
     day; and
       ``(C) $7.25 an hour, beginning 24 months after that 60th 
     day;''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect 60 days after the date of enactment of this 
     Act.
                                 ______
                                 
  SA 228. Mr. SMITH submitted an amendment intended to be proposed to 
amendment SA 166 submitted by Mr. Smith and intended to be proposed to 
the bill H.R. 2, to amend the Fair Labor Standards Act of 1938 to 
provide an increase in the Federal minimum wage; which was ordered to 
lie on the table; as follows:

       Beginning on page 1, strike line 2 and all that follows 
     through page 4, line 2, and insert the following:

     SEC. __. EXPANSION OF DEDUCTION FOR HEALTH INSURANCE COSTS OF 
                   SELF-EMPLOYED INDIVIDUALS.

       (a) In General.--Paragraph (1) of section 162(l) of the 
     Internal Revenue Code of 1986 (relating to special rules for 
     health insurance costs of self-employed individuals) is 
     amended to read as follows:
       ``(1) Allowance of deduction.--In the case of a taxpayer 
     who is an employee within the meaning of section 401(c)(1), 
     there shall be allowed as a deduction under this section an 
     amount equal to the sum of--
       ``(A) the amount paid during the taxable year for insurance 
     which constitutes medical care for the taxpayer, the 
     taxpayer's spouse, and dependents, and
       ``(B) in the case of any taxable year beginning in 2008, 
     the amount paid during the taxable year for insurance which 
     constitutes medical care for--
       ``(i) any individual--

       ``(I) who was not the spouse, determined without regard to 
     section 7703, of the taxpayer at any time during the taxable 
     year of the taxpayer,
       ``(II) who has not attained the age of 19 as of the close 
     of the calendar year in which the taxable year of the 
     taxpayer begins or who is a student who has not attained the 
     age of 24 as of the close of such calendar year,
       ``(III) who, for the taxable year of the taxpayer, has the 
     same principal place of abode as the taxpayer and is a member 
     of the taxpayer's household, and
       ``(IV) with respect to whom the taxpayer provides over one-
     half of the individual's support for the calendar year in 
     which the taxpayer's taxable year begins, and

       ``(ii) an individual--

       ``(I) who is designated by the taxpayer for purposes of 
     this paragraph,
       ``(II) who is not the spouse of the taxpayer and does not 
     bear any relationship to the taxpayer described in 
     subparagraphs (A) through (G) of section 152(d)(2), and
       ``(III) who, for the taxable year of the taxpayer, has the 
     same principal place of abode as the taxpayer and is a member 
     of the taxpayer's household.

     For purposes of subparagraph (B)(ii), not more than 1 person 
     may be designated by the taxpayer for any taxable year.''.
       (b) Technical Amendment.--Subparagraph (B) of section 
     162(l)(2) of the Internal Revenue Code of 1986 is amended to 
     read as follows:
       ``(B) Other coverage.--
       ``(i) In general.--Paragraph (1) shall not apply to any 
     taxpayer for any calendar month for which the taxpayer is 
     eligible to participate in any eligible subsidized health 
     plan.
       ``(ii) Application of subparagraph.--Clause (i) shall be 
     applied separately with respect to--

       ``(I) plans which include coverage for qualified long-term 
     care services (as defined in section 7702B(c)) or are 
     qualified long-term care insurance contracts (as defined in 
     section 7702B(b)), and

[[Page 2618]]

       ``(II) plans which do not include such coverage and are not 
     such contracts.

       ``(iii) Eligible subsidized health plan.--For purposes of 
     this subparagraph, the term `eligible subsidized health plan' 
     means a subsidized health plan maintained by any employer 
     of--

       ``(I) the taxpayer or the taxpayer's spouse, or
       ``(II) in the case of any taxable year beginning in 2008, 
     any individual described in paragraph (1)(B).''.

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