[Congressional Record Volume 167, Number 44 (Tuesday, March 9, 2021)]
[Senate]
[Pages S1424-S1427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTION
By Mr. THUNE (for himself, Mr. Barrasso, Mrs. Blackburn, Mr.
Blunt, Mr. Boozman, Mr. Cornyn, Mr. Cotton, Mr. Cramer, Mr.
Crapo, Mr. Cruz, Mr. Daines, Ms. Ernst, Mrs. Fischer, Mr.
Grassley, Mr. Hoeven, Mr. Inhofe, Mr. Kennedy, Mr. Marshall,
Mr. McConnell, Mr. Moran, Mr. Risch, Mr. Rounds, Mr. Rubio, Mr.
Scott of Florida, Mr. Shelby, and Mr. Wicker):
S. 617. A bill to amend the Internal Revenue Code of 1986 to repeal
the estate and generation-skipping transfer taxes, and for other
purposes; to the Committee on Finance.
Mr. THUNE. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
[[Page S1425]]
S. 617
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Death Tax Repeal Act of
2021''.
SEC. 2. REPEAL OF ESTATE AND GENERATION-SKIPPING TRANSFER
TAXES.
(a) Estate Tax Repeal.--Subchapter C of chapter 11 of
subtitle B of the Internal Revenue Code of 1986 is amended by
adding at the end the following new section:
``SEC. 2210. TERMINATION.
``(a) In General.--Except as provided in subsection (b),
this chapter shall not apply to the estates of decedents
dying on or after the date of the enactment of the Death Tax
Repeal Act of 2021.
``(b) Certain Distributions From Qualified Domestic
Trusts.--In applying section 2056A with respect to the
surviving spouse of a decedent dying before the date of the
enactment of the Death Tax Repeal Act of 2021--
``(1) section 2056A(b)(1)(A) shall not apply to
distributions made after the 10-year period beginning on such
date, and
``(2) section 2056A(b)(1)(B) shall not apply on or after
such date.''.
(b) Generation-Skipping Transfer Tax Repeal.--Subchapter G
of chapter 13 of subtitle B of such Code is amended by adding
at the end the following new section:
``SEC. 2664. TERMINATION.
``This chapter shall not apply to generation-skipping
transfers on or after the date of the enactment of the Death
Tax Repeal Act of 2021.''.
(c) Conforming Amendments.--
(1) The table of sections for subchapter C of chapter 11 of
the Internal Revenue Code of 1986 is amended by adding at the
end the following new item:
``Sec. 2210. Termination.''.
(2) The table of sections for subchapter G of chapter 13 of
such Code is amended by adding at the end the following new
item:
``Sec. 2664. Termination.''.
(d) Effective Date.--The amendments made by this section
shall apply to the estates of decedents dying, and
generation-skipping transfers, after the date of the
enactment of this Act.
SEC. 3. MODIFICATIONS OF GIFT TAX.
(a) Computation of Gift Tax.--Subsection (a) of section
2502 of the Internal Revenue Code of 1986 is amended to read
as follows:
``(a) Computation of Tax.--
``(1) In general.--The tax imposed by section 2501 for each
calendar year shall be an amount equal to the excess of--
``(A) a tentative tax, computed under paragraph (2), on the
aggregate sum of the taxable gifts for such calendar year and
for each of the preceding calendar periods, over
``(B) a tentative tax, computed under paragraph (2), on the
aggregate sum of the taxable gifts for each of the preceding
calendar periods.
``(2) Rate schedule.--
``If the amount with respect to which the The tentative
tentative tax to be computed is: tax is:
Not over $10,000.......................... 18% of such amount.
Over $10,000 but not over $20,000......... $1,800, plus 20% of the
excess over $10,000.
Over $20,000 but not over $40,000......... $3,800, plus 22% of the
excess over $20,000.
Over $40,000 but not over $60,000......... $8,200, plus 24% of the
excess over $40,000.
Over $60,000 but not over $80,000......... $13,000, plus 26% of the
excess over $60,000.
Over $80,000 but not over $100,000........ $18,200, plus 28% of the
excess over $80,000.
Over $100,000 but not over $150,000....... $23,800, plus 30% of the
excess over $100,000.
Over $150,000 but not over $250,000....... $38,800, plus 32% of the
excess over $150,000.
Over $250,000 but not over $500,000....... $70,800, plus 34% of the
excess over $250,000.
Over $500,000............................. $155,800, plus 35% of the
excess over $500,000.''.
(b) Treatment of Certain Transfers in Trust.--Section 2511
of the Internal Revenue Code of 1986 is amended by adding at
the end the following new subsection:
``(c) Treatment of Certain Transfers in Trust.--
Notwithstanding any other provision of this section and
except as provided in regulations, a transfer in trust shall
be treated as a taxable gift under section 2503, unless the
trust is treated as wholly owned by the donor or the donor's
spouse under subpart E of part I of subchapter J of chapter
1.''.
(c) Lifetime Gift Exemption.--
(1) In general.--Paragraph (1) of section 2505(a) of the
Internal Revenue Code of 1986 is amended to read as follows:
``(1) the amount of the tentative tax which would be
determined under the rate schedule set forth in section
2502(a)(2) if the amount with respect to which such tentative
tax is to be computed were $10,000,000, reduced by''.
(2) Inflation adjustment.--Section 2505 of such Code is
amended by adding at the end the following new subsection:
``(d) Inflation Adjustment.--
``(1) In general.--In the case of any calendar year after
2011, the dollar amount in subsection (a)(1) shall be
increased by an amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section 1(f)(3) for such calendar year by substituting
`calendar year 2010' for `calendar year 2016' in subparagraph
(A)(ii) thereof.
``(2) Rounding.--If any amount as adjusted under paragraph
(1) is not a multiple of $10,000, such amount shall be
rounded to the nearest multiple of $10,000.''.
(d) Conforming Amendments.--
(1) Section 2505(a) of such Code is amended by striking the
last sentence.
(2) The heading for section 2505 of such Code is amended by
striking ``UNIFIED''.
(3) The item in the table of sections for subchapter A of
chapter 12 of such Code relating to section 2505 is amended
to read as follows:
``Sec. 2505. Credit against gift tax.''.
(e) Effective Date.--The amendments made by this section
shall apply to gifts made on or after the date of the
enactment of this Act.
(f) Transition Rule.--
(1) In general.--For purposes of applying sections 1015(d),
2502, and 2505 of the Internal Revenue Code of 1986, the
calendar year in which this Act is enacted shall be treated
as 2 separate calendar years one of which ends on the day
before the date of the enactment of this Act and the other of
which begins on such date of enactment.
(2) Application of section 2504(b).--For purposes of
applying section 2504(b) of the Internal Revenue Code of
1986, the calendar year in which this Act is enacted shall be
treated as one preceding calendar period.
______
By Ms. HIRONO (for herself, Mr. Tillis, Mr. Coons, and Mr.
Leahy):
S. 632. A bill to amend chapter 11 of title 35, United States Code,
to require the voluntary collection of demographic information for
patent inventors, and for other purposes; to the Committee on the
Judiciary.
Ms. HIRONO. Mr. President, I rise today to introduce the Inventor
Diversity for Economic Advancement Act of 2021. I thank my colleague
from North Carolina, Senator Tillis, for working with me on this
important piece of legislation, which serves as a first step to closing
the diversity gap in our patent system by collecting demographic data
on patent applicants.
Women and racial minorities have made some of the most significant
inventions in this Nation's history. The $75 billion home security
industry grew from an initial home security system invented by Marie
Van Brittan Brown. The computer would never have become the multimedia
device it is today without the microcomputer system invented by Mark
Dean. The genetic revolution would still be science fiction if not for
the CRISPR gene-editing tool discovered by Jennifer Doudna--raised on
Hawaii's Big Island.
We should celebrate these inventors and the many others like them who
have contributed to innovation in this Nation. But we must also
recognize the hard truth that women, racial minorities, and many other
groups are greatly underrepresented in the U.S. patent system.
The Patent and Trademark Office's recent report on women inventors
shines a spotlight on one part of this problem. The PTO found that only
22 percent of U.S. patents list a woman as an inventor and that women
make up only 13 percent of all inventors. This is true even though
women held 43 percent of all full-time jobs in 2016 and 28 percent of
STEM jobs in 2015.
Other reports highlight racial patent gaps. For example, a report by
the Institute for Women's Policy Research found that the percentage of
African American and Hispanic college graduates who hold patents is
approximately half that of their white counterparts.
Closing these gaps would turbocharge our economy. According to a
study by Michigan State University Professor Lisa Cook, including more
women and African Americans in the ``initial stage of the process of
innovation'' could increase GDP by as much as $640 billion.
[[Page S1426]]
Another study by the National Bureau of Economic Research found that
eliminating the patent gap for women with science and engineering
degrees alone would increase GDP by over $500 billion.
It's simply good policy and good business to want to fully integrate
people of all types into our innovation economy. But if we have any
hope of closing the various patent gaps, we must first get a firm grasp
on the scope of the problem.
Studies of the demographic makeup of patentees, like the ones I
described, are few and far between. The reason is a simple one. A lack
of data. The PTO does not collect any data on applicants beyond their
first and last names and city, State, and country of residence. As a
result, those wishing to study patent gaps between different
demographic groups are forced to guess the gender of an applicant based
on his or her name, determine the race of an applicant by cross-
referencing census data, or explore a number of other options that are
time-consuming, unreliable, or both.
The IDEA Act solves this problem. It would require the PTO to collect
demographic data--including gender, race, and military or veteran
status--from patent applicants on a voluntary basis. It would further
require the PTO to issue reports on the data collected and, perhaps
more importantly, make the data available to the public with
appropriate protections for personally identifiable information.
Outside researchers could therefore conduct their own analyses and
offer insights into the various patent gaps in our society.
Let me be clear. Closing the information gap facing researchers alone
will not solve the patent gap facing women, racial minorities, and so
many others. But it is a critical first step. I therefore encourage my
colleagues to support the IDEA Act.
______
By Mr. DURBIN (for himself and Mr. Lankford):
S. 644. A bill to amend title XVIII of the Social Security Act to
restore State authority to waive for certain facilities the 35-mile
rule for designating critical access hospitals under the Medicare
program, and for other purposes; to the Committee on Finance.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 644
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Rural Hospital Closure
Relief Act of 2021''.
SEC. 2. RESTORING STATE AUTHORITY TO WAIVE THE 35-MILE RULE
FOR CERTAIN MEDICARE CRITICAL ACCESS HOSPITAL
DESIGNATIONS.
(a) In General.--Section 1820 of the Social Security Act
(42 U.S.C. 1395i-4) is amended--
(1) in subsection (c)(2)--
(A) in subparagraph (B)(i)--
(i) in subclause (I), by striking at the end ``or'';
(ii) in subclause (II), by inserting at the end ``or''; and
(iii) by adding at the end the following new subclause:
``(III) subject to subparagraph (G), is a hospital
described in subparagraph (F) and is certified on or after
the date of the enactment of the Rural Hospital Closure
Relief Act of 2021 by the State as being a necessary provider
of health care services to residents in the area;''; and
(B) by adding at the end the following new subparagraphs:
``(F) Hospital described.--For purposes of subparagraph
(B)(i)(III), a hospital described in this subparagraph is a
hospital that--
``(i) is a sole community hospital (as defined in section
1886(d)(5)(D)(iii)), a medicare dependent, small rural
hospital (as defined in section 1886(d)(5)(G)(iv)), a low-
volume hospital that in 2021 receives a payment adjustment
under section 1886(d)(12), a subsection (d) hospital (as
defined in section 1886(d)(1)(B)) that has fewer than 50
beds, or, subject to the limitation under subparagraph
(G)(i)(I), is a facility described in subparagraph (G)(ii);
``(ii) is located in a rural area, as defined in section
1886(d)(2)(D);
``(iii)(I) is located--
``(aa) in a county that has a percentage of individuals
with income that is below 150 percent of the poverty line
that is higher than the national or statewide average in
2020;
``(bb) in a health professional shortage area (as defined
in section 332(a)(1)(A) of the Public Health Service Act); or
``(II) has a percentage of inpatient days of individuals
entitled to benefits under part A of this title, enrolled
under part B of this title, or enrolled under a State plan
under title XIX that is higher than the national or statewide
average in 2019 or 2020;
``(iv) subject to subparagraph (G)(ii)(II), has attested to
the Secretary two consecutive years of negative operating
margins preceding the date of certification described in
subparagraph (B)(i)(III); and
``(v) submits to the Secretary--
``(I) at such time and in such manner as the Secretary may
require, an attestation outlining the good governance
qualifications and strategic plan for multi-year financial
solvency of the hospital; and
``(II) not later than 120 days after the date on which the
Secretary issues final regulations pursuant to section 2(b)
of the Rural Hospital Closure Relief Act of 2021, an
application for certification of the facility as a critical
access hospital.
``(G) Limitation on certain designations.--
``(i) In general.--The Secretary may not under subsection
(e) certify pursuant to a certification by a State under
subparagraph (B)(i)(III)--
``(I) more than a total of 175 facilities as critical
access hospitals, of which not more than 20 percent may be
facilities described in clause (ii); and
``(II) within any one State, more than 10 facilities as
critical access hospitals.
``(ii) Facility described.--
``(I) In general.--A facility described in this clause is a
facility that as of the date of enactment of this
subparagraph met the criteria for designation as a critical
access hospital under subparagraph (B)(i)(I).
``(II) Nonapplication of certain criteria.--For purposes of
subparagraph (B)(i)(III), the criteria described in
subparagraph (F)(iv) shall not apply with respect to the
designation of a facility described in subclause (I).''; and
(2) in subsection (e), by inserting ``, subject to
subsection (c)(2)(G),'' after ``The Secretary shall''.
(b) Regulations.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Health and Human
Services shall issue final regulations to carry out this
section.
(c) Clarification Regarding Facilities That Meet Distance
or Other Certification Criteria.--Nothing in this section
shall affect the application of criteria for designation as a
critical access hospital described in subclause (I) or (II)
section 1820(c)(2)(B)(i) of the Social Security Act (42
U.S.C. 1395i-4(c)(2)(B)(i)).
SEC. 3. CMI TESTING OF NEW RURAL HOSPITAL DELIVERY AND
PAYMENT MODEL.
Section 1115A of the Social Security Act (42 U.S.C. 1315a)
is amended--
(1) in subsection (b)(2)(A), by adding at the end the
following new sentence: ``The models selected under this
subparagraph shall include the testing of a new rural
hospital delivery and payment model (or models), as described
in subsection (h).''; and
(2) by adding at the end the following new subsection:
``(h) Testing of New Rural Hospital Delivery and Payment
Model.--
``(1) In general.--
``(A) Testing.--The Secretary shall test the implementation
of a new rural hospital delivery and payment model (or
models) that the Secretary determines would promote
financially sustainable ways to ensure patient access to care
in rural communities, which may include models under which
such hospitals furnish outpatient emergency care services 24
hours a day, 7 days a week for which payment is made under
title XVIII based on the amount determined under the
prospective payment system for hospital outpatient department
services under section 1833(t), plus a fixed rate for the
cost of furnishing the emergency services.
``(B) Promulgation of regulations.--Not later than 3 years
after the date of the enactment of this subsection, the
Secretary shall promulgate regulations to test a new rural
hospital delivery and payment model (or models) described in
subparagraph (A), unless Congress enacts legislation that
establishes such a payment model (or models) prior to the
promulgation of regulations pursuant to this subparagraph.
``(2) Transition.--Effective beginning on the date on which
the testing of a new rural hospital delivery and payment
model (or models) described in paragraph (1)(A) is
implemented under this subsection or such a payment model (or
models) is established through the enactment of legislation
described in paragraph (1)(B), the Secretary shall provide a
process under which--
``(A) all critical access hospitals may transition to such
new model or models under this subsection; and
``(B) any facility that was designated as a critical access
hospital pursuant to a certification by a State under section
1820(c)(2)(B)(i)(III) may revert to the prospective payment
model (or models) under which the facility received payment
under title XVIII prior to being so designated.''.
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