S.Amdt. 1257

SA 1257. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 1247 proposed by Mr. Dodd to the bill H.R. 1256, to
protect the public health by providing the Food and Drug Administration
with certain authority to regulate tobacco products, to amend title 5,
United States Code, to make certain modifications in the Thrift Savings
Plan, the Civil Service Retirement System, and the Federal Employees'
Retirement System, and for other purposes; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. ___. INCREASED CONTRIBUTIONS FROM USERS OF TOBACCO
PRODUCTS UNDER FEDERAL EMPLOYEES HEALTH
BENEFITS PLANS.

(a) In General.--Section 8906 of title 5, United States
Code, is amended--
(1) in subsection (b)(1), by inserting ``of this subsection
and subsection (j)'' after ``and (4)'';
(2) in subsection (c), by striking ``subsection (b)'' and
inserting ``subsections (b) and (j)''; and
(3) by adding at the end the following:
``(j)(1) In this subsection--
``(A) the term `enrollee' means an employee or annuitant
enrolled in a health benefits plan under this chapter;
``(B) the term `tobacco product' means--
``(i) any product made or derived from tobacco that is
intended for human consumption, including any component,
part, or accessory of a tobacco product (except for raw
materials other than tobacco used in manufacturing a
component, part, or accessory of a tobacco product); and
``(ii) shall not include an article that is a drug under
subsection (g)(1) of section 201 of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 321), a device under subsection
(h) of that section, or a combination product described in
section 503(g) of that Act; and
``(C) the term `user of a tobacco product' means an
individual who has used a tobacco product within the last 12
months.
``(2)(A) If an enrollee (or any individual covered by that
enrollee if enrollment is for self and family) is a user of a
tobacco product, the contribution paid by that enrollee shall
be increased by 35 percent.
``(B) If an enrollee (and any individual covered by that
enrollee if enrollment is for self and family) is not a user
of a tobacco product, the contribution paid by that enrollee
shall be reduced by 15 percent.
``(3) The Government contribution paid for each enrollee,
as applicable, shall be--
``(A) reduced by the dollar amount of the increase adjusted
under paragraph (2)(A); or
``(B) increased by the dollar amount of the reduction
adjusted under paragraph (2)(B).
``(4) Any adjustment under this subsection shall be subject
to the limitation under subsection (b)(2).''.
(b) Regulations.--The Office of Personnel Management shall
prescribe regulations to carry out the amendment made by this
section.
(c) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act and
shall apply to contracts entered into under section 8902 of
title 5, United States Code, that take effect with respect to
calendar years that begin more than 1 year after that date.
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