S.Amdt. 3203

SA 3203. Mr. BAYH (for himself, Ms. Klobuchar, Mr. Franken, Mr. Kohl,
Mr. Kerry, Ms. Stabenow, and Mrs. Gillibrand) submitted an amendment
intended to be proposed to amendment SA 2786 proposed by Mr. Reid (for
himself, Mr. Baucus, Mr. Dodd, and Mr.

[[Page S13194]]

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 2046, after line 24, add the following:

SEC. 9___. MODIFICATION OF ANNUAL FEE ON MEDICAL DEVICE
MANUFACTURERS AND IMPORTERS.

(a) Delay in Imposition of Fee.--
(1) In general.--Section 9009(i) of this Act is amended by
striking ``2008'' and inserting ``2011''.
(2) Conforming amendment.--Section 9009(a)(1) of this Act
is amended by striking ``2009'' and inserting ``2012''.
(b) Increase in Aggregate Fee Amount.--Section 9009(b)(1)
of this Act is amended by striking ``$2,000,000,000'' and
inserting ``$3,800,000,000 ($2,660,000 for calendar years
after 2019)''.
(c) Increase in Gross Receipts From Sales Taken Into
Account.--The table in paragraph (2) of section 9009(b) of
this Act is amended to read as follows:

``With respect to a covered entity's
aggregate gross receipts from      The percentage of gross receipts
medical device sales during the          takes into account is:
calendar year that are:

Not more than $100,000,000..........  0 percent
More than $100,000,000 but not more   50 percent
than $150,000,000.
More than $150,000,000..............  100 percent.''.

(d) Tax Treatment of Fees.--Subsection (e) of section 9009
of this Act is amended to read as follows:
``(e) Tax Treatment of Fees.--For purposes of subtitle F of
the Internal Revenue Code of 1986, the fees imposed by this
section shall be treated as excise taxes with respect to
which only civil actions for refund under procedures of such
subtitle shall apply.''.
______