I 117th CONGRESS 1st Session H. R. 6144 IN THE HOUSE OF REPRESENTATIVES December 7, 2021 Mr. Smith of Missouri (for himself, Mr. Brady , Mrs. Rodgers of Washington , Mr. Burgess , Mr. Wenstrup , Mr. Bucshon , Mr. Carter of Georgia , Mr. Harris , Mr. Van Drew , Mr. Murphy of North Carolina , and Mr. Joyce of Pennsylvania ) introduced the following bill; which was referred to the Committee on Ways and Means , and in addition to the Committees on the Budget , Energy and Commerce , the Judiciary , Agriculture , and Oversight and Reform , for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To delay and offset the sequester to occur in January 2022 under the Statutory Pay-As-You-Go Act of 2010, and for other purposes.

1. Short title This Act may be cited as the Removing Waste and Protecting Medicare Act . 2. PAYGO Act sequester delay No sequester shall be ordered during calendar year 2022 after Congress adjourns to end the 1st session of the 117th Congress under section 5 of the Statutory Pay-As-You-Go Act of 2010. 3. Offset of sequester delay (a) Reinstatement of public charge rule The rule relating to inadmissibility on public charge grounds (84 Fed. Reg. 41292, published on August 14, 2019) as in effect on October 15, 2019, shall be considered to be in effect as of the date of enactment of this Act, and the Department of Homeland Security shall reimplement such rule as soon as may be practicable. (b) Social security number requirements for child tax credit (1) In general Section 24(e) of the Internal Revenue Code of 1986 is amended to read as follows: (e) Social security number requirements (1) Taxpayer No credit shall be allowed under this section to any taxpayer who does not include on the return of tax for the taxable year— (A) such individual’s social security number, and (B) if the individual is married, the social security number of such individual’s spouse. (2) Qualifying children No credit shall be allowed under this section to a taxpayer with respect to any qualifying child unless the taxpayer includes the social security number of such child on the return of tax for the taxable year. (3) Social security number For purposes of this subsection, the term social security number means a social security number issued to an individual by the Social Security Administration, but only if the social security number is issued— (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) before the due date of the return of tax referred to in paragraph (1) or (2), as the case may be. . (2) Conforming amendment Section 24(h) of such Code is amended by striking paragraph (7). (3) Effective date The amendments made by this subsection shall apply to taxable years beginning after December 31, 2021. (c) Reinstatement of SNAP work requirement rule The rule relating to work requirements under the Supplemental Nutrition Assistance Program (84 Fed. Reg. 66782, published on December 5, 2019) as in effect on April 1, 2020, shall be considered to be in effect as of the date of enactment of this Act, and the Department of Agriculture shall reimplement such rule as soon as may be practicable. (d) Rescission of coronavirus State and local fiscal recovery funds Of the total amount of unobligated amounts available under sections 602 and 603 of title VI of the Social Security Act, $53,500,000,000 are hereby permanently rescinded. (e) Rescission of capital projects funds The total amount of unobligated amounts available under section 604 of title VI of the Social Security Act are hereby permanently rescinded. 4. Adjustments to Medicare program sequestration reduction with respect to fiscal year 2022 (a) Extension (1) In general Section 3709(a) of division A of the CARES Act ( 2 U.S.C. 901a note) is amended by striking December 31, 2021 and inserting March 31, 2022 . (2) Effective date The amendments made by paragraph (1) shall take effect as if enacted as part of the CARES Act ( Public Law 116–136 ). (b) Adjustment Section 251A(6) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901a(6) ) is amended— (1) by redesignating subparagraph (C) as subparagraph (D); and (2) by inserting after subparagraph (B) the following: (C) Notwithstanding the 2 percent limit specified in subparagraph (A) for payments for the Medicare programs specified in section 256(d), the sequestration order of the President under such subparagraph for fiscal year 2022 shall be applied to such payments so that with respect to the period beginning on April 1, 2022, and ending on June 30, 2022, the payment reduction shall be 1.0 percent. . 5. Extension of support for physicians and other professionals in adjusting to Medicare payment changes (a) In general Section 1848 of the Social Security Act ( 42 U.S.C. 1395w–4 ) is amended— (1) in subsection (c)(2)(B)(iv)(V), by striking 2021 and inserting 2021 or 2022 ; and (2) in subsection (t)— (A) in the subsection header, by striking 2021 and inserting 2021 and 2022 ; (B) in paragraph (1)— (i) by striking during 2021 and inserting during 2021 and 2022 ; and (ii) by striking for such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent. and inserting for— (A) such services furnished on or after January 1, 2021, and before January 1, 2022, by 3.75 percent; and (B) such services furnished on or after January 1, 2022, and before January 1, 2023, by 3.0 percent. ; and (C) in paragraph (2)(C)— (i) in the subparagraph header, by striking 2021 and inserting 2021 and 2022 ; (ii) by inserting for services furnished in 2021 or 2022 after under this subsection ; and (iii) by inserting or 2022, respectively before the period at the end. (b) Report Section 101(c) of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended— (1) in the first sentence— (A) by striking April 1, 2022 and inserting each of April 1, 2022, and April 1, 2023 ; and (B) by striking , as added by subsection (a) and inserting furnished during 2021 or 2022, respectively ; and (2) in the second sentence— (A) by striking Such report and inserting Each such report ; and (B) by inserting with respect to 2021 or 2022, as applicable after under such section . 6. Preserving patient access to critical clinical lab services (a) Revised phase-In of reductions from private payor rate implementation Section 1834A(b)(3) of the Social Security Act ( 42 U.S.C. 1395m–1(b)(3) ) is amended— (1) in subparagraph (A), by striking through 2024 and inserting through 2025 ; and (2) in subparagraph (B)— (A) in clause (ii), by striking for 2021 and inserting for each of 2021 and 2022 ; and (B) in clause (iii), by striking 2022 through 2024 and inserting 2023 through 2025 . (b) Revised Reporting Period for Reporting of Private Sector Payment Rates for Establishment of Medicare Payment Rates Section 1834A(a)(1)(B) of the Social Security Act ( 42 U.S.C. 1395m–1(a)(1)(B) ) is amended— (1) in clause (i), by striking December 31, 2021 and inserting December 31, 2022 ; and (2) in clause (ii)— (A) by striking January 1, 2022 and inserting January 1, 2023 ; and (B) by striking March 31, 2022 and inserting March 31, 2023 . 7. Delay to the implementation of the radiation oncology model under the Medicare program Section 133 of Division CC of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended by striking January 1, 2022 and inserting January 1, 2023 . 8. Medicare Improvement Fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) ) is amended by striking fiscal year 2021 and all that follows through the period at the end and inserting fiscal year 2021, $102,000,000. .