S.Amdt. 3786
What it does: Replaces the resolution's text with a full substituteWhat it changes
1 change to S.J.Res. 19 · shown in the resolution's text
Replaces the resolution's text with a full substitute
Replaces the full textEverything after the resolving clauseIn S.J.Res. 19 · Reported to Senate
Struck: That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States:
Struck: "Article--
Struck: "Section 1. To advance democratic self-government and political equality, and to protect the integrity of government and the electoral process, Congress and the States may regulate and set reasonable limits on the raising and spending of money by candidates and others to influence elections. "Section 2. Congress and the States shall have power to implement and enforce this article by appropriate legislation, and may distinguish between natural persons and corporations or other artificial entities created by law, including by prohibiting such entities from spending money to influence elections. "Section 3. Nothing in this article shall be construed to grant Congress or the States the power to abridge the freedom of the press.".
Inserted: SECTION 1. SHORT TITLE.
Inserted: This resolution may be cited as the "No Exemption for Washington from Obamacare Act".
Inserted: SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND MEMBERS OF THE EXECUTIVE BRANCH.
Inserted: Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended--
Inserted: (1) by striking the subparagraph heading and inserting the following:
Inserted: "(D) Members of congress, congressional staff, and political appointees in the exchange.--";
Inserted: (2) in clause (i), in the matter preceding subclause (I)--
Inserted: (A) by striking "and congressional staff with" and inserting ", congressional staff, the President, the Vice President, and political appointees with"; and
Inserted: (B) by striking "or congressional staff shall" and inserting ", congressional staff, the President, the Vice President, or a political appointee shall";
Inserted: (3) in clause (ii)--
Inserted: (A) in subclause (II), by inserting after "Congress," the following: "of a committee of Congress, or of a leadership office of Congress,"; and
Inserted: (B) by adding at the end the following:
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Inserted: "(III) Political appointee.--In this subparagraph, the term 'political appointee' means any individual who--
Inserted: "(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
Inserted: "(bb) 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;
Inserted: "(cc) 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; or
Inserted: "(dd) is employed in or under the Executive Office of the President in a position that is excluded from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character."; and
Inserted: (4) by adding at the end the following:
Inserted: "(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointees for coverage under this paragraph.
Inserted: "(iv) Limitation on amount of tax credit or cost-sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections.
Inserted: "(v) Limitation on discretion for designation of staff.--Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange.".
Original wording
Strike all after the resolving clause and insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3786. Mr. VITTER submitted an amendment intended to be proposed by him to the joint resolution S.J. Res. 19, proposing an amendment to the Constitution of the United States relating to contributions and expenditures intended to affect elections; which was ordered to lie on the table; as follows:
Strike all after the resolving clause and insert the following:
SECTION 1. SHORT TITLE.
This resolution may be cited as the “No Exemption for Washington from Obamacare Act”.
SEC. 2. HEALTH INSURANCE COVERAGE FOR CERTAIN CONGRESSIONAL STAFF AND MEMBERS OF THE EXECUTIVE BRANCH.
Section 1312(d)(3)(D) of the Patient Protection and Affordable Care Act (42 U.S.C. 18032(d)(3)(D)) is amended--
(1) by striking the subparagraph heading and inserting the following:
“(D) Members of congress, congressional staff, and political appointees in the exchange.--”;
(2) in clause (i), in the matter preceding subclause (I)--
(A) by striking “and congressional staff with” and inserting “, congressional staff, the President, the Vice President, and political appointees with”; and
(B) by striking “or congressional staff shall” and inserting “, congressional staff, the President, the Vice President, or a political appointee shall”;
(3) in clause (ii)--
(A) in subclause (II), by inserting after “Congress,” the following: “of a committee of Congress, or of a leadership office of Congress,”; and
(B) by adding at the end the following:
“(III) Political appointee.--In this subparagraph, the term ‘political appointee' means any individual who--
“(aa) is employed in a position described under sections 5312 through 5316 of title 5, United States Code, (relating to the Executive Schedule);
“(bb) 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;
“(cc) 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; or
“(dd) is employed in or under the Executive Office of the President in a position that is excluded from the competitive service by reason of its confidential, policy-determining, policy-making, or policy-advocating character.”; and
(4) by adding at the end the following:
“(iii) Government contribution.--No Government contribution under section 8906 of title 5, United States Code, shall be provided on behalf of an individual who is a Member of Congress, a congressional staff member, the President, the Vice President, or a political appointees for coverage under this paragraph.
“(iv) Limitation on amount of tax credit or cost-sharing.--An individual enrolling in health insurance coverage pursuant to this paragraph shall not be eligible to receive a tax credit under section 36B of the Internal Revenue Code of 1986 or reduced cost sharing under section 1402 of this Act in an amount that exceeds the total amount for which a similarly situated individual (who is not so enrolled) would be entitled to receive under such sections.
“(v) Limitation on discretion for designation of staff.--Notwithstanding any other provision of law, a Member of Congress shall not have discretion in determinations with respect to which employees employed by the office of such Member are eligible to enroll for coverage through an Exchange.”.
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Senate amendment submitted
September 8, 2014