168 
(b) PROTECTION OF STATES’ RIGHTS AND OTHER 
LAWS.—(1) Any issue that is not governed by any provi-
sion of law established by or under this title (including 
State standards of negligence) shall be governed by other-
wise applicable State or Federal law. 
(2) This title shall not preempt or supersede any 
State or Federal law that imposes greater procedural or 
substantive protections for health care providers and 
health care organizations from liability, loss, or damages 
than those provided by this title or create a cause of ac-
tion. 
(c) STATE FLEXIBILITY.—No provision of this title 
shall be construed to preempt— 
(1) any State law (whether effective before, on, 
or after the date of the enactment of this Act) that 
specifies a particular monetary amount of compen-
satory or punitive damages (or the total amount of 
damages) that may be awarded in a health care law-
suit, regardless of whether such monetary amount is 
greater or lesser than is provided for under this title, 
notwithstanding section 303(a); or 
(2) any defense available to a party in a health 
care lawsuit under any other provision of State or 
Federal law. 
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169 
SEC. 410. APPLICABILITY; EFFECTIVE DATE. 
This title shall apply to any health care lawsuit 
brought in a Federal or State court, or subject to an alter-
native dispute resolution system, that is initiated on or 
after the date of the enactment of this Act, except that 
any health care lawsuit arising from an injury occurring 
prior to the date of the enactment of this Act shall be 
governed by the applicable statute of limitations provisions 
in effect at the time the injury occurred. 
TITLE V—COMMITTEE ON OVER-
SIGHT AND GOVERNMENT RE-
FORM 
SEC. 501. RETIREMENT CONTRIBUTIONS. 
(a) CIVIL SERVICE RETIREMENT SYSTEM.— 
(1) 
INDIVIDUAL
CONTRIBUTIONS.—Section 
8334(c) of title 5, United States Code, is amended— 
(A) by striking ‘‘(c) Each’’ and inserting 
‘‘(c)(1) Each’’; and 
(B) by adding at the end the following: 
‘‘(2) Notwithstanding any other provision of this sub-
section, the applicable percentage of basic pay under this 
subsection shall— 
‘‘(A) except as provided in subparagraph (B) or 
(C), for purposes of computing an amount— 
‘‘(i) for a period in calendar year 2013, be 
equal to the applicable percentage under this 
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170 
subsection for calendar year 2012, plus an ad-
ditional 1.5 percentage points; 
‘‘(ii) for a period in calendar year 2014, be 
equal to the applicable percentage under this 
subsection for calendar year 2013 (as deter-
mined under clause (i)), plus an additional 0.5 
percentage point; 
‘‘(iii) for a period in calendar year 2015, 
2016, or 2017, be equal to the applicable per-
centage under this subsection for the preceding 
calendar year (as determined under clause (ii) 
or this clause, as the case may be), plus an ad-
ditional 1.0 percentage point; and 
‘‘(iv) for a period in any calendar year 
after 2017, be equal to the applicable percent-
age under this subsection for calendar year 
2017 (as determined under clause (iii)); 
‘‘(B) for purposes of computing an amount with 
respect to a Member for Member service— 
‘‘(i) for a period in calendar year 2013, be 
equal to the applicable percentage under this 
subsection for calendar year 2012, plus an ad-
ditional 2.5 percentage points; 
‘‘(ii) for a period in calendar year 2014, 
2015, 2016, or 2017, be equal to the applicable 
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171 
percentage under this subsection for the pre-
ceding calendar year (as determined under 
clause (i) or this clause, as the case may be), 
plus an additional 1.5 percentage points; and 
‘‘(iii) for a period in any calendar year 
after 2017, be equal to the applicable percent-
age under this subsection for calendar year 
2017 (as determined under clause (ii)); and 
‘‘(C) for purposes of computing an amount with 
respect to a Member or employee for Congressional 
employee service— 
‘‘(i) for a period in calendar year 2013, be 
equal to the applicable percentage under this 
subsection for calendar year 2012, plus an ad-
ditional 2.5 percentage points; 
‘‘(ii) for a period in calendar year 2014, 
2015, 2016, or 2017, be equal to the applicable 
percentage under this subsection for the pre-
ceding calendar year (as determined under 
clause (i) or this clause, as the case may be), 
plus an additional 1.5 percentage points; and 
‘‘(iii) for a period in any calendar year 
after 2017, be equal to the applicable percent-
age under this subsection for calendar year 
2017 (as determined under clause (ii)).’’. 
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172 
(2) GOVERNMENT
CONTRIBUTIONS.—Section 
8334(a)(1)(B) of title 5, United States Code, is 
amended— 
(A) in clause (i), by striking ‘‘Except as 
provided in clause (ii),’’ and inserting ‘‘Except 
as provided in clause (ii) or (iii),’’; and 
(B) by adding at the end the following: 
‘‘(iii) The amount to be contributed under clause (i) 
shall, with respect to a period in any year beginning after 
December 31, 2012, be equal to— 
‘‘(I) the amount which would otherwise apply 
under clause (i) with respect to such period, reduced 
by 
‘‘(II) the amount by which, with respect to such 
period, the withholding under subparagraph (A) ex-
ceeds the amount which would otherwise have been 
withheld from the basic pay of the employee or elect-
ed official involved under subparagraph (A) based on 
the percentage applicable under subsection (c) for 
calendar year 2012.’’. 
(b) FEDERAL EMPLOYEES’ RETIREMENT SYSTEM.— 
Section 8422(a)(3) of title 5, United States Code, is 
amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (C); 
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173 
(2) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) Notwithstanding any other provision of this 
paragraph, the applicable percentage under this para-
graph shall— 
‘‘(i) except as provided in clause (ii) or (iii), for 
purposes of computing an amount— 
‘‘(I) for a period in calendar year 2013, be 
equal to the applicable percentage under this 
paragraph for calendar year 2012, plus an ad-
ditional 1.5 percentage points; 
‘‘(II) for a period in calendar year 2014, 
be equal to the applicable percentage under this 
paragraph for calendar year 2013 (as deter-
mined under subclause (I)), plus an additional 
0.5 percentage point; 
‘‘(III) for a period in calendar year 2015, 
2016, or 2017, be equal to the applicable per-
centage under this paragraph for the preceding 
calendar year (as determined under subclause 
(II) or this subclause, as the case may be), plus 
an additional 1.0 percentage point; and 
‘‘(IV) for a period in any calendar year 
after 2017, be equal to the applicable percent-
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176 
‘‘(B) Nothing in this paragraph applies in the case 
of an individual separating under subsection (d) or (e) of 
section 8412.’’. 
SEC. 503. CONTRIBUTIONS TO THRIFT SAVINGS FUND OF 
PAYMENTS FOR ACCRUED OR ACCUMULATED 
LEAVE. 
(a) AMENDMENTS RELATING
TO CSRS.—Section 
8351(b) of title 5, United States Code, is amended— 
(1) by striking paragraph (2)(A) and inserting 
the following: 
‘‘(2)(A) An employee or Member may contribute to 
the Thrift Savings Fund in any pay period any amount 
of such employee’s or Member’s basic pay for such pay 
period, and may contribute (by direct transfer to the 
Fund) any part of any payment that the employee or 
Member receives for accumulated and accrued annual or 
vacation leave under section 5551 or 5552. Notwith-
standing section 2105(e), in this paragraph the term ‘em-
ployee’ includes an employee of the United States Postal 
Service or of the Postal Regulatory Commission.’’; 
(2) by striking subparagraph (B) of paragraph 
(2); and 
(3) by redesignating subparagraph (C) of para-
graph (2) as subparagraph (B). 
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177 
(b) AMENDMENTS RELATING
TO FERS.—Section 
8432(a) of title 5, United States Code, is amended— 
(1) by striking all that precedes paragraph (3) 
and inserting the following: 
‘‘(a)(1) An employee or Member— 
‘‘(A) may contribute to the Thrift Savings 
Fund in any pay period, pursuant to an election 
under subsection (b), any amount of such employee’s 
or Member’s basic pay for such pay period; and 
‘‘(B) may contribute (by direct transfer to the 
Fund) any part of any payment that the employee 
or Member receives for accumulated and accrued an-
nual or vacation leave under section 5551 or 5552. 
‘‘(2) Contributions made under paragraph (1)(A) 
pursuant to an election under subsection (b) shall, with 
respect to each pay period for which such election remains 
in effect, be made in accordance with a program of regular 
contributions provided in regulations prescribed by the 
Executive Director.’’; and 
(2) by adding at the end the following: 
‘‘(4) Notwithstanding section 2105(e), in this sub-
section the term ‘employee’ includes an employee of the 
United States Postal Service or of the Postal Regulatory 
Commission.’’. 
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178 
(c) REGULATIONS.—The Executive Director of the 
Federal Retirement Thrift Investment Board shall pro-
mulgate regulations to carry out the amendments made 
by this section. 
(d) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect 1 year after the 
date of the enactment of this Act. 
TITLE VI—COMMITTEE ON WAYS 
AND MEANS 
Subtitle A—Recapture of Overpay-
ments Resulting From Certain 
Federally-subsidized Health In-
surance 
SEC. 601. RECAPTURE OF OVERPAYMENTS RESULTING 
FROM 
CERTAIN 
FEDERALLY-SUBSIDIZED 
HEALTH INSURANCE. 
(a) IN GENERAL.—Paragraph (2) of section 36B(f) 
of the Internal Revenue Code of 1986 is amended by strik-
ing subparagraph (B). 
(b) CONFORMING AMENDMENT.—So much of para-
graph (2) of section 36B(f) of such Code, as amended by 
subsection (a), as precedes ‘‘advance payments’’ is amend-
ed to read as follows: 
‘‘(2) EXCESS ADVANCE PAYMENTS.—If the’’. 
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179 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years ending after De-
cember 31, 2013. 
Subtitle B—Social Security Num-
ber Required to Claim the Re-
fundable Portion of the Child 
Tax Credit 
SEC. 611. SOCIAL SECURITY NUMBER REQUIRED TO CLAIM 
THE REFUNDABLE PORTION OF THE CHILD 
TAX CREDIT. 
(a) IN GENERAL.—Subsection (d) of section 24 of the 
Internal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(5) IDENTIFICATION REQUIREMENT WITH RE-
SPECT TO TAXPAYER.— 
‘‘(A) IN
GENERAL.—Paragraph (1) shall 
not apply to any taxpayer for any taxable year 
unless the taxpayer includes the taxpayer’s So-
cial Security number on the return of tax for 
such taxable year. 
‘‘(B) JOINT RETURNS.—In the case of a 
joint return, the requirement of subparagraph 
(A) shall be treated as met if the Social Secu-
rity number of either spouse is included on such 
return. 
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180 
‘‘(C) 
LIMITATION.—Subparagraph 
(A) 
shall not apply to the extent the tentative min-
imum tax (as defined in section 55(b)(1)(A)) 
exceeds the credit allowed under section 32.’’. 
(b) OMISSION TREATED
AS MATHEMATICAL
OR 
CLERICAL
ERROR.—Subparagraph 
(I) 
of 
section 
6213(g)(2) of such Code is amended to read as follows: 
‘‘(I) an omission of a correct Social Secu-
rity number required under section 24(d)(5) 
(relating to refundable portion of child tax cred-
it), or a correct TIN under section 24(e) (relat-
ing to child tax credit), to be included on a re-
turn,’’. 
(c) CONFORMING AMENDMENT.—Subsection (e) of 
section 24 of such Code is amended by inserting ‘‘WITH 
RESPECT
TO QUALIFYING CHILDREN’’ after ‘‘IDENTI-
FICATION REQUIREMENT’’ in the heading thereof. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall apply to taxable years beginning after 
the date of the enactment of this Act. 
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181 
Subtitle C—Human Resources 
Provisions 
SEC. 621. REPEAL OF THE PROGRAM OF BLOCK GRANTS TO 
STATES FOR SOCIAL SERVICES. 
(a) REPEALS.—Sections 2001 through 2007 of the 
Social Security Act (42 U.S.C. 1397–1397f) are repealed. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 404(d) of the Social Security Act 
(42 U.S.C. 604(d)) is amended— 
(A) in paragraph (1), by striking ‘‘any or 
all of the following provisions of law:’’ and all 
that follows through ‘‘The’’ and inserting 
‘‘the’’; 
(B) in paragraph (3)— 
(i) by striking ‘‘RULES’’ and all that 
follows through ‘‘any amount paid’’ and in-
serting ‘‘RULES.—Any amount paid’’; 
(ii) by striking ‘‘a provision of law 
specified in paragraph (1)’’ and inserting 
‘‘the Child Care and Development Block 
Grant Act of 1990’’; and 
(iii) by striking subparagraph (B); 
and 
(C) by striking paragraph (2) and redesig-
nating paragraph (3) as paragraph (2). 
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182 
(2) Section 422(b) of the Social Security Act 
(42 U.S.C. 622(b)) is amended— 
(A) in paragraph (1)(A)— 
(i) by striking ‘‘administers or super-
vises’’ and inserting ‘‘administered or su-
pervised’’; and 
(ii) by striking ‘‘subtitle 1 of title 
XX’’ and inserting ‘‘subtitle A of title XX 
(as in effect before the repeal of such sub-
title)’’; and 
(B) in paragraph (2), by striking ‘‘under 
subtitle 1 of title XX,’’. 
(3) Section 471(a) of the Social Security Act 
(42 U.S.C. 671(a)) is amended— 
(A) in paragraph (4), by striking ‘‘, under 
subtitle 1 of title XX of this Act,’’; and 
(B) in paragraph (8), by striking ‘‘XIX, or 
XX’’ and inserting ‘‘or XIX’’. 
(4) Section 472(h)(1) of the Social Security Act 
(42 U.S.C. 672(h)(1)) is amended by striking the 
2nd sentence. 
(5) Section 473(b) of the Social Security Act 
(42 U.S.C. 673(b)) is amended— 
(A) in paragraph (1), by striking ‘‘(3)’’ 
and inserting ‘‘(2)’’; 
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183 
(B) in paragraph (4), by striking ‘‘para-
graphs (1) and (2)’’ and inserting ‘‘paragraph 
(1)’’; and 
(C) by striking paragraph (2) and redesig-
nating paragraphs (3) and (4) as paragraphs 
(2) and (3), respectively. 
(6) Section 504(b)(6) of the Social Security Act 
(42 U.S.C. 704(b)(6)) is amended in each of sub-
paragraphs (A) and (B) by striking ‘‘XIX, or XX’’ 
and inserting ‘‘or XIX’’. 
(7) Section 1101(a)(1) of the Social Security 
Act (42 U.S.C. 1301(a)(1)) is amended by striking 
the penultimate sentence. 
(8) Section 1128(h) of the Social Security Act 
(42 U.S.C. 1320a-7(h)) is amended— 
(A) by adding ‘‘or’’ at the end of para-
graph (2); and 
(B) by striking paragraph (3) and redesig-
nating paragraph (4) as paragraph (3). 
(9) Section 1128A(i)(1) of the Social Security 
Act (42 U.S.C. 1320a-7a(i)(1)) is amended by strik-
ing ‘‘or subtitle 1 of title XX’’. 
(10) Section 1132(a)(1) of the Social Security 
Act (42 U.S.C. 1320b-2(a)(1)) is amended by strik-
ing ‘‘XIX, or XX’’ and inserting ‘‘or XIX’’. 
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184 
(11) Section 1902(e)(13)(F)(iii) of the Social 
Security Act (42 U.S.C. 1396a(e)(13)(F)(iii)) is 
amended— 
(A) by striking ‘‘EXCLUSIONS’’ and insert-
ing ‘‘EXCLUSION’’; and 
(B) by striking ‘‘an agency that determines 
eligibility for a program established under the 
Social Services Block Grant established under 
title XX or’’. 
(12) The heading for title XX of the Social Se-
curity Act is amended by striking ‘‘BLOCK 
GRANTS TO STATES FOR SOCIAL SERVICES’’ 
and inserting ‘‘HEALTH PROFESSIONS DEM-
ONSTRATIONS 
AND 
ENVIRONMENTAL 
HEALTH CONDITION DETECTION’’. 
(13) The heading for subtitle A of title XX of 
the Social Security Act is amended by striking 
‘‘Block Grants to States for Social Serv-
ices’’ 
and 
inserting 
‘‘Health Professions 
Demonstrations 
and 
Environmental 
Health Condition Detection’’. 
(14) Section 16(k)(5)(B)(i) of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2025(k)(5)(B)(i)) 
is amended by striking ‘‘, or title XX,’’. 
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185 
(15) Section 402(b)(3) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of 
1996 (8 U.S.C. 1612(b)(3)) is amended by striking 
subparagraph (B) and redesignating subparagraph 
(C) as subparagraph (B). 
(16) Section 245A(h)(4)(I) of the Immigration 
Reform and Control Act of 1986 (8 U.S.C. 
1255a(h)(4)(I)) is amended by striking ‘‘, XVI, and 
XX’’ and inserting ‘‘and XVI’’. 
(17) Section 17 of the Richard B. Russell Na-
tional School Lunch Act (42 U.S.C. 1766) is amend-
ed— 
(A) in subsection (a)(2)— 
(i) in subparagraph (B)— 
(I) by striking ‘‘—’’ and all that 
follows through ‘‘(i)’’; 
(II) by striking ‘‘or’’ at the end 
of clause (i); and 
(III) by striking clause (ii); and 
(ii) in subparagraph (D)(ii), by strik-
ing ‘‘or title XX’’; and 
(B) in subsection (o)(2)(B)— 
(i) by striking ‘‘or title XX’’ each 
place it appears; and 
(ii) by striking ‘‘or XX’’. 
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186 
(18) Section 201(b) of the Indian Child Welfare 
Act of 1978 (25 U.S.C. 1931(b)) is amended by 
striking ‘‘titles IV–B and XX’’ each place it appears 
and inserting ‘‘part B of title IV’’. 
(19) Section 3803(c)(2)(C) of title 31, United 
States Code, is amended by striking clause (vi) and 
redesignating clauses (vii) through (xvi) as clauses 
(vi) through (xv), respectively. 
(20) Section 14502(d)(3) of title 40, United 
States Code, is amended— 
(A) by striking ‘‘and title XX’’; and 
(B) by striking ‘‘, 1397 et seq.’’. 
(21) Section 2006(a)(15) of the Public Health 
Service Act (42 U.S.C. 300z-5(a)(15)) is amended 
by striking ‘‘and title XX’’. 
(22) Section 203(b)(3) of the Older Americans 
Act of 1965 (42 U.S.C. 3013(b)(3)) is amended by 
striking ‘‘XIX, and XX’’ and inserting ‘‘and XIX’’. 
(23) Section 213 of the Older Americans Act of 
1965 (42 U.S.C. 3020d) is amended by striking ‘‘or 
title XX’’. 
(24) Section 306(d) of the Older Americans Act 
of 1965 (42 U.S.C. 3026(d)) is amended in each of 
paragraphs (1) and (2) by striking ‘‘titles XIX and 
XX’’ and inserting ‘‘title XIX’’. 
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187 
(25) Section 2605 of the Low-Income Home 
Energy Assistance Act of 1981 (42 U.S.C. 8624) is 
amended in each of subsections (b)(4) and (j) by 
striking ‘‘under title XX of the Social Security 
Act,’’. 
(26) Section 602 of the Child Development As-
sociate Scholarship Assistance Act of 1985 (42 
U.S.C. 10901) is repealed. 
(27) Section 3(d)(1) of the Assisted Suicide 
Funding Restriction Act of 1997 (42 U.S.C. 
14402(d)(1)) is amended by striking subparagraph 
(C) and redesignating subparagraphs (D) through 
(K) as subparagraphs (C) through (J), respectively. 
(c) EFFECTIVE DATE.—The repeals and amend-
ments made by this section shall take effect on October 
1, 2012. 
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Union Calendar No. 330 
112TH CONGRESS 
2D SESSION 
H. R. 5652 
[Report No. 112–470] 
A BILL 
To provide for reconciliation pursuant to section 
201 of the concurrent resolution on the budget 
for fiscal year 2013. 
MAY 9, 2012 
Committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
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