S.Amdt. 4330

SA 4330. Mr. GRASSLEY submitted an amendment intended to be proposed
to amendment SA 4301 proposed by Mr. Baucus to the bill H.R. 4213, to
amend the Internal Revenue Code of 1986 to extend certain expiring
provisions, and for other purposes; which was ordered to lie on the
table; as follows:

At the end of title VI, insert the following:

SEC. __. PARTICIPATION OF PRESIDENT, VICE PRESIDENT, MEMBERS
OF CONGRESS, POLITICAL APPOINTEES, AND
CONGRESSIONAL STAFF IN THE HEALTH INSURANCE
EXCHANGES.

(a) In General.--Section 1312(d)(3)(D) of the Patient
Protection and Affordable Care Act is amended to read as
follows:
``(D) President, vice president, members of congress,
political appointees, and congressional staff in the
exchange.--
``(i) In general.--Notwithstanding chapter 89 of title 5,
United States Code, or any provision of this title--

``(I) the President, Vice President, each Member of
Congress, each political appointee, and each Congressional
employee shall be treated as a qualified individual entitled
to the right under this paragraph to enroll in a qualified
health plan in the individual market offered through an
Exchange in the State in which the individual resides; and
``(II) any employer contribution under such chapter on
behalf of the President, Vice President, any Member of
Congress, any political appointee, and any Congressional
employee may be paid only to the issuer of a qualified health
plan in which the individual enrolled in through such
Exchange and not to the issuer of a plan offered through the
Federal employees health benefit program under such chapter.

This subparagraph shall not apply to any individual until an
Exchange is operating in the State in which the individual
resides.
``(ii) Payments by federal government.--The Secretary, in
consultation with the Director of the Office of Personnel
Management, shall establish procedures under which--

``(I) the employer contributions under such chapter on
behalf of the President, Vice President, each Member of
Congress, each political appointee, and each Congressional
employee are determined and actuarially adjusted for
individual or family coverage, rating areas, and age (in
accordance with clauses (i) through (iii) of section
2701(a)(1)(A) of the Public Health Service Act); and
``(II) the employer contributions may be made directly to
an Exchange for payment to an issuer.

``(iii) Political appointee.--In this subparagraph, the
term `political appointee' means any individual who--

``(I) is employed in a position described under sections
5312 through 5316 of title 5, United States Code, (relating
to the Executive Schedule);
``(II) is a limited term appointee, limited emergency
appointee, or noncareer appointee in the Senior Executive
Service, as defined under paragraphs (5), (6), and (7),
respectively, of section 3132(a) of title 5, United States
Code; or
``(III) is employed in a position in the executive branch
of the Government of a confidential or policy-determining
character under schedule C of subpart C of part 213 of title
5 of the Code of Federal Regulations.

``(iv) Congressional employee.--In this subparagraph, the
term `Congressional employee' means an employee whose pay is
disbursed by the Secretary of the Senate or the Chief
Administrative Officer of the House of Representatives.''.
(b) Effective Date.--The amendment made by this section
shall take effect as if included in the Patient Protection
and Affordable Care Act.
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