To improve the bill by waiving the $40,000 penalty on hiring previously unemployed individuals.

SA 3638. Ms. COLLINS 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 section 1003, add the following:
(e) Unemployed Individual Not Taken Into Account.--
Paragraph (5) of section 4980H(d) 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 subparagraph:
``(C) Exception for previously unemployed individuals.--
``(i) In general.--The term `full-time employee' shall not
include any individual who certifies by signed affidavit,
under penalties of perjury, that such individual has not been
employed from more than 40 hours during the 60-day period
ending on the date such individual begins such employment.
``(ii) Exception for replacement workers.--Clause (i) shall
not apply to an individual who is employed by the employer to
replace another employee of such employer unless such other
employee separated from employment voluntarily or for
cause.''.
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