[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.''.

[[Page S1427]]

  

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