To strike the medical device tax.

SA 3579. Mr. ROBERTS (for himself, Mr. Inhofe, and Mr. Brown of
Massachusetts) submitted an amendment intended to be proposed by him 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); which was ordered to lie on the table; as follows:

Strike section 1405 and insert the following:

SEC. 1405. REPEAL OF MEDICAL DEVICE FEE.

(a) In General.--Section 9009 of the Patient Protection and
Affordable Care Act, as amended by section 10904 of such Act,
is repealed effective as of the date of the enactment of that
Act.
(b) Expansion of Affordability Exception to Individual
Mandate.--Section 5000A(e)(1)(A) of the Internal Revenue Code
of 1986, as added by section 1501(b) of the Patient
Protection and Affordable Care Act and amended by section
10106 of such Act, is amended by striking ``8 percent'' and
inserting ``5 percent''.
(c) Application of Provision.--The amendment made by
subsection (b) shall apply as if included in the Patient
Protection and Affordable Care Act.

[[Page S1887]]

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