[Congressional Record (Bound Edition), Volume 156 (2010), Part 4]
[Senate]
[Pages 5019-5022]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3700. Mr. COBURN proposed an amendment to the bill H.R. 4872, to 
provide for reconciliation pursuant to Title II of the concurrent 
resolution on the budget for fiscal year 2010 (S. Con. Res. 13); as 
follows:

       At the end, add the following:

                 TITLE III--SECOND AMENDMENT PROTECTION

     SEC. 3001. VETERANS SECOND AMENDMENT PROTECTION.

       (a) Short Title.--This section may be cited as the 
     ``Veterans 2nd Amendment Protection Act''.
       (b) Conditions for Treatment of Certain Persons as 
     Adjudicated Mentally Incompetent for Certain Purposes.--
       (1) In general.--Chapter 55 of title 38, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 5511. Conditions for treatment of certain persons as 
       adjudicated mentally incompetent for certain purposes

       ``In any case arising out of the administration by the 
     Secretary of laws and benefits under this title, a person who 
     is mentally incapacitated, deemed mentally incompetent, or 
     experiencing an extended loss of consciousness shall not be 
     considered adjudicated as a mental defective under subsection 
     (d)(4) or (g)(4) of section 922 of title 18 without the order 
     or finding of a judge, magistrate, or other judicial 
     authority of competent jurisdiction that such person is a 
     danger to himself or herself or others.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of chapter 55 of such title is amended by adding at 
     the end the following new item:

``5511. Conditions for treatment of certain persons as adjudicated 
              mentally incompetent for certain purposes.''.
       (c) Severability.--Notwithstanding any other provision of 
     this Act, if any provision of this section, or any amendment 
     made by this section, or the application of such provision or 
     amendment to any person or circumstance is held to be 
     unconstitutional, this section and amendments made by this 
     section and the application of such provision or amendment to 
     other persons or circumstances shall not be affected thereby.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of enactment of this Act.
                                 ______
                                 
  SA 3701. Mr. SESSIONS proposed an amendment to the bill H.R. 4872, to 
provide for reconciliation pursuant to Title II of the concurrent 
resolution on the budget for fiscal year 2010 (S. Con. Res. 13); as 
follows:

       At the end of subtitle A of title I, insert the following:

     SEC. 1006. PROVISIONS TO ENSURE EFFECTIVE ELIGIBILITY 
                   VERIFICATION SYSTEM.

       (a) Eligibility for Credits and Cost-Sharing Reductions.--
       (1) Credits.--Section 36B of the Internal Revenue Code of 
     1986, as added by section 1401 of the Patient Protection and 
     Affordable Care Act, is amended--
       (A) in subsection (c) (1), by striking subparagraph (B) and 
     by redesignating subparagraphs (C) and (D) as subparagraphs 
     (B) and (C), respectively, and
       (B) by striking paragraph (3) of subsection (e).
       (2) Reduced cost-sharing.--Section 1402 of the Patient 
     Protection and Affordable Care Act is amended--
       (A) by striking the last sentence of subsection (b),
       (B) by striking paragraph (3) of subsection (e), and
       (C) by adding at the end of subsection (f) the following:
       ``(4) Subsidies treated as public benefit.--Notwithstanding 
     any other provision of this Act or any other provision of 
     law, for purposes of section 403 of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613), the following shall be considered a 
     Federal means-tested public benefit:
       ``(A) The ability of an individual to purchase a qualified 
     health plan offered through an Exchange.
       ``(B) The premium tax credit established under section 1401 
     of this Act (and any advance payment thereof).
       ``(C) The cost sharing reductions established under this 
     section (and any advance payment thereof).''.
       (b) Eligibility Determinations.--Section 1411 of the 
     Patient Protection and Affordable Care Act is amended--
       (1) in subsection (a)--
       (A) by striking so much of such subsection as precedes 
     paragraph (1) and inserting:
       ``(a) Verification Process.--The Secretary shall ensure 
     that eligibility determinations required by this Act are 
     conducted in accordance with the following requirements, 
     including requirements for determining:'', and
       (B) by inserting ``eligible'' before ``alien'' in paragraph 
     (1),
       (2) in subsection (b)(1)--
       (A) by inserting ``the Exchange with the following'' after 
     ``provide'',
       (B) by striking ``and'' at the end of subparagraph (A), by 
     redesignating subparagraph (B) as subparagraph (C) and by 
     inserting after subparagraph (A) the following:
       ``(B) a sworn statement, under penalty of perjury, 
     specifically attesting to the fact that each enrollee is 
     either a citizen or national of the United States or an 
     eligible lawful permanent resident meeting the requirements 
     of section 1402(f)(3) of this Act and identifying the 
     applicable eligibility status for each enrollee; and'', and
       (C) by inserting ``and documentation'' after 
     ``information'' in subparagraph (C) (as so redesignated),
       (3) by striking subparagraphs (A) and (B) of subsection 
     (b)(2) and inserting the following:
       ``(A) In the case of an enrollee whose eligibility is based 
     on attestation of citizenship of the enrollee, the enrollee 
     shall provide satisfactory evidence of citizenship or 
     nationality (within the meaning of section 1903(x) of the 
     Social Security Act (42 U.S.C. 1396b)).
       ``(B) In the case of an individual whose eligibility is 
     based on attestation of the enrollee's immigration status--
       ``(i) such information as is necessary for the individual 
     to demonstrate they are in `satisfactory immigration status' 
     as defined and in accordance with the Systematic Alien 
     Verification for Entitlements (SAVE) program established by 
     section 1137 of the Social Security Act (42 U.S.C. 1320b-7), 
     and
       ``(ii) any other additional identifying information as the 
     Secretary, in consultation with the Secretary of Homeland 
     Security, may require in order for the enrollee to 
     demonstrate satisfactory immigration status.'',
       (4) by striking so much of subsection (c) as precedes 
     paragraph (3) and inserting the following:
       ``(c) Verification of Eligibility Through Documentation.--
       ``(1) In general.--Each Exchange shall conduct eligibility 
     verification, using the information provided by an applicant 
     under subsection (b), in accordance with this subsection.
       ``(2) Verification of citizenship or immigration status.--
       ``(A) Verification of attestation of citizenship.--Each 
     Exchange shall verify the eligibility of each enrollee who 
     attests that they are a citizen or national of the United 
     States, as required by subsection (b)(1)(A) of this section, 
     in accordance with the provisions of section 1903(x) of the 
     Social Security Act.

[[Page 5020]]

       ``(B) Verification of attestation of eligible immigration 
     status.--Each Exchange shall verify the eligibility of each 
     enrollee who attests that they are eligible to participate in 
     the exchange by virtue of having been a lawful permanent 
     resident for not less than 5 years, as required by subsection 
     (b)(l)(B) of this section, in accordance with the provisions 
     of section 1137 of the Social Security Act.'',
       (5) by striking subparagraph (B) of subsection (c)(4),
       (6) by striking subsection (d) and redesignating 
     subsections (e) through (i) as subsections (d) through (h), 
     respectively, and
       (7) by striking ``under section 1902(ee) of the Social 
     Security Act (as in effect on January 1, 2010)'' in 
     subsection (d)(3) (as redesignated under paragraph (6)) and 
     inserting ``in accordance with the secondary verification 
     process established consistent with section 1137 of the 
     Social Security Act (as is in effect as of January 1, 
     2009)''.
                                 ______
                                 
  SA 3702. Mr. CRAPO submitted an amendment intended to be proposed by 
him to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       At the end of section 1002, insert the following:
       (c) Exemption for Individuals People Who Are Unemployed.--
     Section 5000A(e) of the Internal Revenue Code of 1986, as so 
     added and amended, is amended by adding at the end the 
     following:
       ``(6) Individuals who are unemployed.--Any applicable 
     individual for any month if such individual is receiving 
     unemployment compensation for any week during such month 
     under any Federal or State unemployment compensation.''.
                                 ______
                                 
  SA 3703. Mr. CRAPO submitted an amendment intended to be proposed by 
him to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       Strike section 1002 and insert the following:

     SEC. 1002. REPEAL OF INDIVIDUAL MANDATE.

       Sections 1501 and 1502 and subsections (a), (b), (c), and 
     (d) of section 10106 of the Patient Protection and Affordable 
     Care Act (and the amendments made by such sections and 
     subsections) are repealed and the Internal Revenue Code of 
     1986 shall be applied and administered as if such provisions 
     and amendments had never been enacted.
                                 ______
                                 
  SA 3704. Mr. CRAPO submitted an amendment intended to be proposed by 
him to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       At the end of subtitle E of title I, add the following:

     SEC. 14__. EXEMPTION OF MIDDLE INCOME INDIVIDUAL AND FAMILIES 
                   FROM INDIVIDUAL MANDATE.

       (a) In General.--Section 5000A(e) of the Internal Revenue 
     Code of 1986, as added by the Patient Protection and 
     Affordable Care Act, is amended by adding at the end the 
     following new paragraph:
       ``(6) Middle income individuals and families.--Any 
     applicable individual for any month during a calendar year if 
     the individual's household income for the taxable year 
     described in section 1412(b)(1)(B) of the Patient Protection 
     and Affordable Care Act is less than $200,000 ($250,000 in 
     the case of a joint return), determined in the same manner as 
     under subsection (c)(4).''.
       (b) Effective Date.--The amendment made by this section 
     shall apply to taxable years ending after December 31, 2013.
                                 ______
                                 
  SA 3705. Mr. CRAPO submitted an amendment intended to be proposed by 
him to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       At the end of subtitle B of title I, insert the following:

     SEC. __. PRESERVING MEDICARE BENEFICIARY ACCESS TO SKILLED 
                   NURSING CARE.

       (a) In General.--Effective as if included in the enactment 
     of the Patient Protection and Affordable Care Act, section 
     3401(b) of such Act (and the amendments made by such section) 
     are repealed.
       (b) Expansion of Affordability Exception to Individual 
     Mandate.--Section 5000A(e)(1)(A) of the Internal Revenue Code 
     of 1986, as added by section 1501(b) of the Patient 
     Protection and Affordable Care Act, is amended by striking 
     ``8 percent'' and inserting ``5 percent''.
                                 ______
                                 
  SA 3706. Mr. CRAPO submitted an amendment intended to be proposed by 
him to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       On page 99, between lines 9 and 10, insert the following:
       (e) Exclusion of Medical Devices for Cancer Diagnosis and 
     Treatment.--
       (1) In general.--For purposes of section 4191(b)(1) of the 
     Internal Revenue Code of 1986, as added by subsection (a), 
     the term ``taxable medical device'' shall not include any 
     device which is primarily designed to diagnose or treat any 
     form of cancer.
       (2) Expansion of affordability exception to individual 
     mandate.--Section 5000A(e)(1)(A) of the Internal Revenue Code 
     of 1986, as added by section 1501(b) of the Patient 
     Protection and Affordable Care Act and amended by section 
     10106 of such Act, is amended by striking ``8 percent'' and 
     inserting ``5 percent''.
       (3) Application of provision.--The amendment made by 
     paragraph (2) shall apply as if included in the Patient 
     Protection and Affordable Care Act.
                                 ______
                                 
  SA 3707. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       At the end of section 1402(a), add the following:
       (5) Inflation adjustment.--
       (A) In general.--Section 1411 of the Internal Revenue Code 
     of 1986, as added by paragraph (1), is amended by adding at 
     the end the following new subsection:
       ``(f) Adjustment for Inflation.--In the case of any taxable 
     year beginning after December 31, 2013, each of the dollar 
     amounts under paragraphs (1) and (3) of subsection (b) shall 
     be increased by an amount equal to--
       ``(1) such amount, multiplied by
       ``(2) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which such taxable 
     year begins by substituting `calendar year 2012' for 
     `calendar year 1992' in subparagraph (B) thereof.

     If any increase determined under this subsection is not a 
     multiple of $1,000, such increase shall be rounded to the 
     next lowest multiple of $1,000.''.
       (B) Rescission of certain stimulus funds.--Notwithstanding 
     section 5 of the American Recovery and Reinvestment Act of 
     2009 (Public Law 111-5; 123 Stat. 116), from the amounts 
     appropriated or made available under division A such Act 
     (other than under title X of such division A), there is 
     rescinded $1,400,000,000 of any remaining unobligated 
     amounts. The Director of the Office of Management and Budget 
     shall apply the rescission in a pro rata manner with respect 
     to such amounts. The Director of the Office of Management and 
     Budget shall report to each congressional committee the 
     amounts so rescinded within the jurisdiction of such 
     committee.
                                 ______
                                 
  SA 3708. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       On page 94, between lines 20 and 21, insert the following:
       (2) Inflation adjustment.--
       (A) FICA.--Paragraph (2) of section 3101(b) of the Internal 
     Revenue Code of 1986, as added by section 9015 of the Patient 
     Protection and Affordable Care Act and amended by section 
     10906 of such Act and paragraph (1), is amended--
       (i) by striking ``In addition'' and inserting the 
     following:
       ``(A) In general.--In addition'', and
       (ii) by striking ``and which are in excess of'' and all 
     that follows and inserting ``and which are in excess of--
       ``(i) in the case of a joint return, $250,000,
       ``(ii) in the case of a married taxpayer (as defined in 
     section 7703) filing a separate return, one-half the dollar 
     amount determined under clause (i), and
       ``(iii) in any other case, $200,000.
       ``(B) Inflation adjustment.--In the case of any taxable 
     year beginning after 2013, the $250,000 and $200,000 amounts 
     under subparagraph (A) shall each be increased by an amount 
     equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2012' 
     for `calendar year 1992' in subparagraph (B) thereof .

     Any increase determined under the preceding sentence shall be 
     rounded to the nearest multiple of $1,000.''.
       (B) SECA.--

[[Page 5021]]

       (i) In general.--Paragraph (2) of section 1401(b) of the 
     Internal Revenue Code of 1986, as added by section 9015 of 
     the Patient Protection and Affordable Care Act and amended by 
     section 10906 of such Act, is amended by redesignating 
     subparagraph (B) as subparagraph (C) and by inserting after 
     subparagraph (A) the following new subparagraph:
       ``(B) Inflation adjustment.--In the case of any taxable 
     year beginning after 2013, the $250,000 and $200,000 amounts 
     under subparagraph (A) shall each be increased by an amount 
     equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2012' 
     for `calendar year 1992' in subparagraph (B) thereof .
     Any increase determined under the preceding sentence shall be 
     rounded to the nearest multiple of $1,000.''.
       (ii) Conforming amendment.--Subparagraph (C) of section 
     1401(b)(2) of such Code, as added by section 9015 of the 
     Patient Protection and Affordable Care Act and redesignated 
     by subparagraph (A), is amended by inserting ``(after the 
     application of subparagraph (B))'' after ``subparagraph 
     (A)''.
       (C) Replenishment of general fund through rescission of 
     certain stimulus funds.--Notwithstanding section 5 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 116), from the amounts appropriated or made 
     available under division A such Act (other than under title X 
     of such division A), there is rescinded $1,600,000,000 of any 
     remaining unobligated amounts. The Director of the Office of 
     Management and Budget shall apply the rescission in a pro 
     rata manner with respect to such amounts. The Director of the 
     Office of Management and Budget shall report to each 
     congressional committee the amounts so rescinded within the 
     jurisdiction of such committee.
                                 ______
                                 
  SA 3709. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       On page 113, after line 21, add the following:

     SEC. 1502. TRANSPARENCY IN GOVERNMENT.

       Not later than 180 days after the date of enactment of this 
     Act, to ensure transparency in Government--
       (1) the Librarian of Congress shall make publicly 
     available, in the same accurate, timely, and complete manner 
     as made available to Members of Congress and congressional 
     staff, the Legislative Information System website and the 
     Congressional Research Service website operated by the 
     Library of Congress;
       (2) the Secretary of the Senate shall make publicly 
     available, in the same accurate, timely, and complete manner 
     as made available to Members of Congress and congressional 
     staff, the Amendment Tracking System website of the Senate; 
     and
       (3) the Sergeant at Arms of the Senate and the Chief 
     Administrative Officer of the House of Representatives shall 
     enter into a contract with C-SPAN, under which C-SPAN shall--
       (A) provide television cameras for and make a video 
     recording of any legislative meeting of a committee of either 
     House of Congress, a joint committee of Congress, or a 
     committee of conference of Congress at which a quorum is 
     present, except to the extent necessary to protect national 
     security; and
       (B) make the video recordings publicly available.
                                 ______
                                 
  SA 3710. Mr. ENSIGN (for himself and Mr. Brown of Massachusetts) 
proposed an amendment to the bill H.R. 4872, to provide for 
reconciliation pursuant to Title II of the concurrent resolution on the 
budget for fiscal year 2010 (S. Con. Res. 13); as follows:

       Strike section 1002 and insert the following:

     SEC. 1002. REPEAL OF PENALTY FOR FAILURE TO MAINTAIN MINIMUM 
                   ESSENTIAL COVERAGE.

       Section 5000A of the Internal Revenue Code of 1986, as 
     added by the Patient Protection and Affordable Care Act, is 
     amended by striking subsections (b), (c), (e), and (g).
                                 ______
                                 
  SA 3711. Ms. MURKOWSKI proposed an amendment to the bill H.R. 4872, 
to provide for reconciliation pursuant to Title II of the concurrent 
resolution on the budget for fiscal year 2010 (S. Con. Res. 13); as 
follows:

       On page 94, between lines 20 and 21, insert the following:
       (2) Inflation adjustment.--
       (A) FICA.--Paragraph (2) of section 3101(b) of the Internal 
     Revenue Code of 1986, as added by section 9015 of the Patient 
     Protection and Affordable Care Act and amended by section 
     10906 of such Act and paragraph (1), is amended--
       (i) by striking ``In addition'' and inserting the 
     following:
       ``(A) In general.--In addition'', and
       (ii) by striking ``and which are in excess of'' and all 
     that follows and inserting ``and which are in excess of--
       ``(i) in the case of a joint return, $250,000,
       ``(ii) in the case of a married taxpayer (as defined in 
     section 7703) filing a separate return, one-half the dollar 
     amount determined under clause (i), and
       ``(iii) in any other case, $200,000.
       ``(B) Inflation adjustment.--In the case of any taxable 
     year beginning after 2013, the $250,000 and $200,000 amounts 
     under subparagraph (A) shall each be increased by an amount 
     equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2012' 
     for `calendar year 1992' in subparagraph (B) thereof.

     Any increase determined under the preceding sentence shall be 
     rounded to the nearest multiple of $1,000.''.
       (B) SECA.--
       (i) In general.--Paragraph (2) of section 1401(b) of the 
     Internal Revenue Code of 1986, as added by section 9015 of 
     the Patient Protection and Affordable Care Act and amended by 
     section 10906 of such Act, is amended by redesignating 
     subparagraph (B) as subparagraph (C) and by inserting after 
     subparagraph (A) the following new subparagraph:
       ``(B) Inflation adjustment.--In the case of any taxable 
     year beginning after 2013, the $250,000 and $200,000 amounts 
     under subparagraph (A) shall each be increased by an amount 
     equal to--
       ``(i) such dollar amount, multiplied by
       ``(ii) the cost-of-living adjustment determined under 
     section 1(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2012' 
     for `calendar year 1992' in subparagraph (B) thereof.

     Any increase determined under the preceding sentence shall be 
     rounded to the nearest multiple of $1,000.''.
       (ii) Conforming amendment.--Subparagraph (C) of section 
     1401(b)(2) of such Code, as added by section 9015 of the 
     Patient Protection and Affordable Care Act and redesignated 
     by subparagraph (A), is amended by inserting ``(after the 
     application of subparagraph (B))'' after ``subparagraph 
     (A)''.
       (C) Replenishment of general fund through rescission of 
     certain stimulus funds.--Notwithstanding section 5 of the 
     American Recovery and Reinvestment Act of 2009 (Public Law 
     111-5; 123 Stat. 116), from the amounts appropriated or made 
     available under division A such Act (other than under title X 
     of such division A), there is rescinded $1,600,000,000 of any 
     remaining unobligated amounts. The Director of the Office of 
     Management and Budget shall apply the rescission in a pro 
     rata manner with respect to such amounts. The Director of the 
     Office of Management and Budget shall report to each 
     congressional committee the amounts so rescinded within the 
     jurisdiction of such committee.
                                 ______
                                 
  SA 3712. Mr. CORNYN proposed an amendment to the bill H.R. 4872, to 
provide for reconciliation pursuant to Title II of the concurrent 
resolution on the budget for fiscal year 2010 (S. Con. Res. 13); as 
follows:

       At the end of subtitle C of title I, add the following:

     SEC. 1207. FMAP REDUCTION FOR HIGH PAYMENT ERROR RATE.

       Section 1905 of the Social Security Act, as amended by 
     section 1202(b) of this Act, is amended by adding at the end 
     the following:
       ``(ee) Decreased FMAP for High Payment Error Rate 
     Measurement.--Notwithstanding any other provision of this 
     title, beginning January 1, 2014, in the case of a State for 
     which the payment error rate measurement (commonly referred 
     to as `PERM') is at least 10 percent, the Federal medical 
     assistance percentage otherwise applicable to the State with 
     respect to payments for medical assistance for individuals 
     enrolled in the State plan under subclause (VIII) or (IX) of 
     section 1902(a)(10)(A)(i) or subclause (XX) or (XXI) of 
     section 1902(a)(10)(A)(ii) shall be reduced by 1 percentage 
     point until the date on which the Secretary determines that 
     the PERM for the State is below 10 percent.''.
                                 ______
                                 
  SA 3713. Ms. SNOWE submitted an amendment itnended to be proposed by 
her to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       At the end of subtitle A of title I, insert the following:

     SEC. 1006. SMALL BUSINESSES WITH UP TO 100 EMPLOYEES TO 
                   ACCESS THE SHOP EXCHANGES IN 2014.

       (a) In General.--Section 1304(b)(3) of the Patient 
     Protection and Affordable Care Act is repealed and such Act 
     shall be applied and

[[Page 5022]]

     administered as if such provision had not been enacted.
       (b) Effective Date.--The amendment made by this section 
     shall take effect as if included in the Patient Protection 
     and Affordable Care Act.
                                 ______
                                 
  SA 3714. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       At the end of subtitle A of title I, add the following:

     SEC. 1__. MULTI-STATE PLANS.

       Section 1334 of the Patient Protection and Affordable Care 
     Act (as added by section 10104(q) of such Act), is amended by 
     adding at the end the following:
       ``(j) Additional Requirements.--In implementing this 
     section, the Director--
       ``(1) notwithstanding subsection (a)(4)(B), shall not in 
     any way limit the profits of any entity offering a multi-
     State plan;
       ``(2) shall ensure that multi-State plans are offered in 
     all States; and
       ``(3) shall ensure that the rating rules provided for under 
     part A of title XXVII of the Public Health Service Act apply 
     with respect to multi-State plans, except that a State may 
     enact a State law to impose more restrictive rating rules.''.
                                 ______
                                 
  SA 3715. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       On page 11, beginning with line 19, strike all through page 
     12, line 9.
                                 ______
                                 
  SA 3716. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       Strike section 1002 and insert the following:

     SEC. 1002. REPEAL OF INDIVIDUAL MANDATE.

       Sections 1501 and 1502 and subsections (a), (b), (c), and 
     (d) of section 10106 of the Patient Protection and Affordable 
     Care Act (and the amendments made by such sections and 
     subsections) are repealed and the Internal Revenue Code of 
     1986 shall be applied and administered as if such provisions 
     and amendments had never been enacted.
                                 ______
                                 
  SA 3717. Ms. SNOWE submitted an amendment intended to be proposed by 
her to the bill H.R. 4872, to provide for reconciliation pursuant to 
Title II of the concurrent resolution on the budget for fiscal year 
2010 (S. Con. Res. 13); which was ordered to lie on the table; as 
follows:

       On page 92, between lines 16 and 17, insert the following:
       ``(f) Tax Not Imposed Until SGR Repealed.--No tax shall be 
     imposed under this section for any taxable year beginning in 
     a calendar year before the calendar year in which the repeal 
     of sustainable growth rate methodology under the Medicare 
     physician fee schedule under section 1848 of the Social 
     Security Act first takes effect.''.

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