S.Amdt. 2963

SA 2963. Mr. COBURN submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:

On page 2074, after line 25, add the following:

SEC. 90__. OPT-OUT OF TAXES AND FEES IMPOSED ON STATES AND
INDIVIDUALS.

(a) In General.--An individual or State may elect to opt
out of any fee or tax imposed or increased under this Act or
any amendment made by this Act, including the application
of--
(1) the amendments made by section 9003 (relating to
distributions for medicine qualified only if for prescribed
drug or insulin), and
(2) the amendments made by section 9013 (relating to the
modification of itemized deduction for medical expenses).
(b) Process for Election; Notification of Opt-Out.--
(1) In general.--Any election under subsection (a) shall be
made by filing a statement (on line, by mail, or in such
other manner as specified by the appropriate Secretary)--
(A) in the case of any tax provision, with the Secretary of
the Treasury, and
(B) in the case of any other provision, with the Secretary
of Health and Human Services.
The Secretary of the Treasury, in consultation with the
Secretary of Health and Human Services, shall establish a
form that may be used for making an election under subsection
(a) and shall make such form available on the Internet.
(2) Notification.--
(A) In general.--Not later than 1 month after the date of
the enactment of this Act, the Secretary of the Treasury,
together with the Secretary of Health and Human Services,
shall mail a notice to each individual who may make an
election under subsection (a).
(B) Content.--The notification under subparagraph (A)
shall--
(i) state that this Act will create government-run health
care exchanges and program that will be paid for in part with
higher taxes and other fees, and
(ii) a form that can be used for opting out of such fees
and taxes.
(3) Revocation.--An individual may revoke an election make
under subsection (a) at any time in a manner similar to the
manner in which the election is made under paragraph (1).
(c) Responsibility Requirements Treated as Tax
Provisions.--For purposes of this section, amounts imposed
under sections 5000A and 4980H of the Internal Revenue Code
of 1986, as added by this Act, shall be treated as taxes.
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