S.Amdt. 3934

SA 3934. Mr. ENZI submitted an amendment intended to be proposed to amendment SA 3899 submitted by Mr. Durbin (for himself, Mrs. Lincoln, Mr. Reid, Mr. Baucus, Mr. Kennedy, Mrs. Clinton, Mr. Kerry, Mr. Bingaman, Ms. Cantwell, Mr. Pryor, Mr. Harkin, Mr. Obama, Mr. Lautenberg, Mr. Schumer, Mr. Kohl, Mr. Lieberman, Mr. Dodd, Mr. Dayton, Mr. Johnson, Mr. Menendez, Mrs. Boxer, Mr. Nelson of Florida, Ms. Mikulski, Ms. Stabenow, Mr. Carper, and Mr. Rockefeller) and intended to be proposed to the bill S. 1955, to amend title I of the Employee Retirement Security Act of 1974 and the Public Health Service Act to expand health care access and reduce costs through the creation of small business health plans and through modernization of the health insurance marketplace; which was ordered to lie on the table; as follows:

On page 34 of the amendment, strike lines 14 through 18, and insert the following:

SEC. 16. EFFECTIVE DATE AND TERMINATION.

(a) Effective Date.--Except as provided in section 10(e), this Act shall take effect on the date of enactment of this Act and shall apply to contracts that take effect with respect to calendar year 2007 and each calendar year thereafter.

(b) Termination.--The provisions of this Act shall not apply and shall be repealed on the date on which the Director of the Office of Personal Management certifies to Congress that the Director, with respect to a plan year, is unable to contract with a sufficient number of insurance carriers under this Act to provide at least an equal number of State and national health plan choices as are available under the Federal Employees Health Benefits Program under chapter 89 of title 5, United States Code, in such plan year.