115 HR 6562 IH: Finding Orphan-disease Remedies With Antifungal Research and Development Act of 2018
U.S. House of Representatives
2018-07-26
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I115th CONGRESS2d SessionH. R. 6562IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mr. McCarthy (for himself, Mr. Schweikert, Ms. Bass, Ms. Sinema, and Ms. McSally) introduced the following bill; which was referred to the Committee on Energy and CommerceA BILLTo support endemic orphan fungal disease research, incentivize Valley Fever vaccine development,
			 discover new antifungal therapies and diagnostics, and for other purposes.

		1.Short title; table of contents
 (a)In generalThis Act may be cited as the Finding Orphan-disease Remedies With Antifungal Research and Development Act of 2018 or the FORWARD Act of 2018. (b)Table of contentsThe table of contents for this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Findings.
					Sec. 3. Continuing support for research on endemic orphan fungal diseases.
					Sec. 4. Endemic orphan fungal disease Federal-State match pilot program.
					Sec. 5. FDA guidance for industry on development of diagnostics and antifungal drugs and vaccines
			 for Valley Fever.
					Sec. 6. Including antifungal biological products as qualified infectious disease products.
					Sec. 7. Priority review to encourage treatments for endemic orphan fungal diseases.
					Sec. 8. Including antifungal products in the CARB–X program.
					Sec. 9. Blockchain pilot program for hospital data security for coccidioidomycosis research.

 2.FindingsCongress finds the following: (1)Worldwide fungal infections, such as candidiasis, cryptococcosis, and aspergillosis, often pose fatal opportunistic threats to immunologically impaired persons.
 (2)Endemic fungal infections, such as histoplasmosis, coccidioidomycosis, and blastomycosis, occur in certain geographic regions worldwide, including in the United States, and are acquired through exposure to the environment.
 (3)Because the endemic mycoses referred to in paragraph (2) are regional, such endemic mycoses do not receive the same amount of resources as mycoses of worldwide distribution, even though within the regions in which they are endemic such strains pose significant public health threats.
 (4)Coccidioidomycosis, also known as Valley Fever, is a fungal infection acquired by the inhalation of spores of certain fungi primarily found in the soil endemic to the American Southwest, including in Arizona, California, Nevada, New Mexico, Texas, Utah, and Washington.
 (5)According to the Morbidity and Mortality Weekly Report issued by the Centers for Disease Control and Prevention and dated August 11, 2017—
 (A)97 percent of the all reported cases of Valley Fever occurred in California and Arizona; (B)individuals at increased risk for severe Valley Fever include persons of African or Filipino descent, pregnant women, adults in older age groups, and other individuals with weakened immune systems;
 (C)the overall incident rate of Valley Fever peaked in 2011 and again in 2016; (D)in California, the Valley Fever incident rate for 2016 was the highest recorded to date, with 42 percent of cases reported coming from Kern County; and
 (E)the reason for increases in Valley Fever cases reported in California in 2016 is not known. (6)Valley Fever illness ranges from influenza-like symptoms to life-threatening when the infection spreads to other parts of the body, including the brain.
 (7)The overall estimated impact of Valley Fever is less than 200,000 people in the United States, with roughly 200 deaths each year and over 11,000 new cases identified in 2016. The estimated economic impact to the United States is at least $500,000,000 from hospital, outpatient, and lost productivity costs.
 (8)In the past 60 years, only 4 classes of antifungal compounds have been approved by the Food and Drug Administration for treatment for all fungal infections.
 (9)Existing antifungal therapies often do not cure the fungal infection involved because, similar to how bacteria have become resistant to antibiotic therapies, some fungi no longer respond to the current limited antifungal therapies that are designed to treat them.
 (10)Coccidioides, the cause of Valley Fever, is not cured by any available drug. (11)Although antibiotic-resistant bacterial infections are a widely recognized public health threat, less is known about the effects of antifungal resistance and the burden of drug-resistant fungal infections.
 (12)Fungal infections are a rising threat to public health and the resistance to current antifungal therapies will only complicate the Nation’s response in the event of a public health emergency.
			3.Continuing support for research on endemic orphan fungal diseases
 (a)In generalSubtitle F of title II of the 21st Century Cures Act (Public Law 114–255) is amended by inserting after section 2062 (42 U.S.C. 284s) the following new section:

					2062A.Endemic orphan fungal diseases
 (a)In generalThe Secretary of Health and Human Services (in this section referred to as the Secretary) shall continue to conduct or support epidemiological, basic, translational, and clinical research related to endemic orphan fungal diseases, including coccidioidomycosis (commonly known as and referred to in this section as Valley Fever).
 (b)ReportsThe Secretary shall ensure that each triennial report under section 403 of the Public Health Service Act (42 U.S.C. 283) includes information on actions undertaken by the National Institutes of Health to carry out subsection (a) with respect to endemic orphan fungal diseases, including Valley Fever.
						(c)Valley Fever Working Group
 (1)EstablishmentThe Secretary shall establish a working group, to be known as the Valley Fever Working Group (referred to in this section as the Working Group), comprised of representatives of appropriate Federal agencies and other non-Federal entities, to provide expertise and to review all efforts within the Department of Health and Human Services related to Valley Fever, to help ensure interagency coordination and minimize overlap, and to examine research priorities.
 (2)ResponsibilitiesThe Working Group shall— (A)not later than 2 years after the date of enactment of this Act, develop or update a summary of—
 (i)ongoing Valley Fever research, including research related to causes, prevention, treatment, surveillance, diagnosis, diagnostics, duration of illness, and intervention for individuals with Valley Fever;
 (ii)advances made pursuant to such research; (iii)Federal activities related to Valley Fever, including—
 (I)epidemiological activities related to Valley Fever; and (II)basic, clinical, and translational Valley Fever research related to the pathogenesis, prevention, diagnosis, and treatment of Valley Fever;
 (iv)gaps in Valley Fever research described in clause (iii)(II); (v)the Working Group’s meetings required under paragraph (4); and
 (vi)the comments received by the Working Group; (B)make recommendations to the Secretary regarding any appropriate changes or improvements to such activities and research; and
 (C)solicit input from States, localities, and nongovernmental entities, including organizations representing patients, health care providers, researchers, and industry regarding scientific advances, research questions, and surveillance activities.
 (3)MembershipThe members of the Working Group shall represent a diversity of scientific disciplines and views and shall be composed of the following members:
 (A)Federal membersSeven Federal members, consisting of one or more representatives of each of the following: (i)The Office of the Assistant Secretary for Health.
 (ii)The Food and Drug Administration. (iii)The Centers for Disease Control and Prevention.
 (iv)The National Institutes of Health. (v)Such other agencies and offices of the Department of Health and Human Services as the Secretary determines appropriate.
 (B)Non-Federal public membersSeven non-Federal public members, consisting of representatives of the following categories: (i)Physicians and other medical providers with experience in diagnosing and treating Valley Fever.
 (ii)Scientists or researchers with expertise. (iii)Patients and their family members.
 (iv)Nonprofit organizations that advocate for patients with respect to Valley Fever. (v)Other individuals whose expertise is determined by the Secretary to be beneficial to the functioning of the Working Group.
 (4)MeetingsThe Working Group shall meet annually. (5)ReportingNot later than 2 years after the date of enactment of this Act, and every 2 years thereafter until termination of the Working Group pursuant to paragraph (7), the Working Group shall—
 (A)submit a report on its activities under paragraph (2)(A) and any recommendations under paragraph (2)(B) to the Secretary, the Committee on Energy and Commerce of the House of Representatives, and the Committee on Health, Education, Labor, and Pensions of the Senate; and
 (B)make such report publicly available on the internet website of the Department of Health and Human Services.
 (6)Applicability of FACAThe Working Group shall be treated as an advisory committee subject to the Federal Advisory Committee Act (5 U.S.C. App.).
 (7)SunsetThe Working Group under this section shall terminate 5 years after the date of enactment of this Act.
 (d)Endemic orphan fungal disease definedThe term endemic orphan fungal disease has the meaning given such term in section 529B(a) of the Federal Food, Drug, and Cosmetic Act.. (b)Conforming table of contents amendmentSection 1(b) of the 21st Century Cures Act (Public Law 114–255) is amended in the table of contents, by inserting after the item relating to section 2062 the following:

						Sec. 2062A. Endemic orphan fungal diseases..
			4.Endemic orphan fungal disease Federal-State match pilot program
 (a)In generalFor each of fiscal years 2019 through 2024, the Secretary of Health and Human Services shall, subject to the availability of appropriations, award grants through a competitive process to eligible entities to conduct research with respect to endemic orphan fungal diseases, including coccidioidomycosis.
 (b)EligibilityAn entity eligible to receive a grant under this section is a State or local public hospital, an institution of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), or a nonprofit organization that has been provided funds from State or local government sources for epidemiological, basic, translational, and clinical research on endemic orphan fungal diseases during the 3-year period ending on the date of the enactment of this Act.
 (c)ApplicationAn entity seeking a grant under this section shall submit an application to the Secretary— (1)in such form and manner as the Secretary shall prescribe;
 (2)that contains a certification that the entity has received the funds described in subsection (b) and that specifies the amount of such funds; and
 (3)that contains such other information as the Secretary may require. (d)Amount of grantThe amount of a grant under this section shall equal (to the extent practicable) the amount of funds received from State or local government sources for the research that is the subject of the grant.
 (e)Endemic orphan fungal disease definedThe term endemic orphan fungal disease has the meaning given such term in section 529B of the Federal Food, Drug, and Cosmetic Act, as added by section 7.
 (f)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $8,000,000 for each of fiscal years 2019 through 2024, to remain available until expended.
 (g)SunsetThe Secretary may not award grants under this section on or after October 1, 2024. 5.FDA guidance for industry on development of diagnostics and antifungal drugs and vaccines for Valley Fever (a)In generalNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue draft guidance for industry for the purposes of assisting entities seeking approval under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or licensure under section 351 of the Public Health Service Act (42 U.S.C. 262) of antifungal therapies, diagnostics, or vaccines, specifically therapies, diagnostics, and vaccines designed to diagnose, treat, or prevent coccidioidomycosis (commonly known as Valley Fever).
 (b)ConsultationIn developing the draft guidance under subsection (a), the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall consult with institutions of higher education (as defined in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001)), researchers, and other relevant stakeholders.
 (c)Final guidanceThe Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall finalize the draft guidance issued under subsection (a) not later than 2 years after the date of the enactment of this Act.
			6.Including antifungal biological products as qualified infectious disease products
 (a)In generalSection 505E of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355f) is amended— (1)in subsection (a)—
 (A)by inserting (or, pursuant to section 351 of the Public Health Service Act, in the case of an antifungal biological product) after pursuant to section 505 for a drug; and
 (B)by striking or the 7-year period described in section 527, and inserting the 7-year period described in section 527, or, in the case of an antifungal biological product, the 12-year period under section 351(k) of the Public Health Service Act,;
 (2)in subsection (c)— (A)in paragraph (1), by inserting or, in the case of an antifungal biological product, section 351(a) of the Public Health Service Act after 505(b); and
 (B)in paragraph (2), by inserting or, in the case of an antifungal biological product, section 351 of the Public Health Service Act after 505; (3)in subsection (d)(1) by inserting or, in the case of an antifungal biological product, section 351(a) of the Public Health Service Act after 505(b); and
 (4)in subsection (g), in the matter preceding paragraph (1)— (A)by inserting (including antifungal biological products) after antifungal drug; and
 (B)by inserting or prevent after treat. (b)Effective dateThe amendments made by subsection (a) shall apply with respect to applications for the approval of biological products under section 351 of the Public Health Service Act (42 U.S.C. 262) submitted on or after the date of the enactment of this Act.
 (c)Updated guidanceNot later than one year after the date of the enactment of this Act, the Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall update Qualified Infectious Disease Product Designation Questions and Answers Guidance for Industry issued in January 2018, to implement the amendments made by subsection (a).
 7.Priority review to encourage treatments for endemic orphan fungal diseasesSubchapter B of chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360aa et seq.) is amended by adding at the end the following new section:

				529B.Priority review to encourage treatments for endemic orphan fungal diseases
 (a)DefinitionsIn this section: (1)Endemic orphan fungal diseaseThe term endemic orphan fungal disease means a disease, such as coccidioidomycosis, that—
 (A)is caused by a fungus; (B)primarily occurs in certain limited geographic regions; and
 (C)is a rare disease or condition (as that term is defined in section 526(a)(2) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360bb(a)(2))).
 (2)Endemic orphan fungal disease drug applicationThe term endemic orphan fungal disease drug application means an application that— (A)is a human drug application for a drug intended for use—
 (i)to prevent or treat harm from an endemic orphan fungal disease; or (ii)to cure an endemic orphan fungal disease;
 (B)the Secretary determines eligible for priority review; (C)is approved after the date of enactment of this section; and
 (D)is for a human drug, no active ingredient (including any ester or salt of the active ingredient) of which has been approved in any other application under section 505(b)(1) or section 351(a) of the Public Health Service Act.
 (3)Human drug applicationThe term human drug application has the meaning given such term in section 735(1). (4)Priority reviewThe term priority review, with respect to a human drug application, means review and action by the Secretary on such application not later than 6 months after receipt by the Secretary of such application, as described in the Manual of Policies and Procedures in the Food and Drug Administration and goals identified in the letters described in section 101(b) of the Food and Drug Administration Safety and Innovation Act.
 (5)Priority review voucherThe term priority review voucher means a voucher issued by the Secretary to the sponsor of an endemic orphan fungal disease drug application that entitles the holder of such voucher to priority review of a single human drug application submitted under section 505(b)(1) or section 351(a) of the Public Health Service Act after the date of approval of the endemic orphan fungal disease drug application.
						(b)Priority Review Voucher
 (1)In generalThe Secretary shall award a priority review voucher to the sponsor of an endemic orphan fungal disease drug application upon approval by the Secretary of such endemic orphan fungal disease drug application.
 (2)TransferabilityThe sponsor of a endemic orphan fungal disease drug application that receives a priority review voucher under this section may transfer (including by sale) the entitlement to such voucher to a sponsor of a human drug for which an application under section 505(b)(1) or section 351(a) of the Public Health Service Act will be submitted after the date of the approval of the endemic orphan fungal disease drug application. There is no limit on the number of times a priority review voucher may be transferred before such voucher is used.
						(3)Notification
 (A)In generalThe sponsor of a human drug application shall notify the Secretary not later than 90 calendar days prior to submission of the human drug application that is the subject of a priority review voucher of an intent to submit the human drug application, including the date on which the sponsor intends to submit the application. Such notification shall be a legally binding commitment to pay for the user fee to be assessed in accordance with this section.
 (B)Transfer after noticeThe sponsor of a human drug application that provides notification of the intent of such sponsor to use the voucher for the human drug application under subparagraph (A) may transfer the voucher after such notification is provided, if such sponsor has not yet submitted the human drug application described in the notification.
							(c)Priority Review User Fee
 (1)In generalThe Secretary shall establish a user fee program under which a sponsor of a human drug application that is the subject of a priority review voucher shall pay to the Secretary a fee determined under paragraph (2). Such fee shall be in addition to any fee required to be submitted by the sponsor under chapter VII.
 (2)Fee amountThe amount of the priority review user fee shall be determined each fiscal year by the Secretary and based on the average cost incurred by the agency in the review of a human drug application subject to priority review in the previous fiscal year.
 (3)Annual fee settingThe Secretary shall establish, before the beginning of each fiscal year beginning after September 30, 2019, for that fiscal year, the amount of the priority review user fee.
						(4)Payment
 (A)In generalThe priority review user fee required by this subsection shall be due upon the submission of a human drug application under section 505(b)(1) or section 351(a) of the Public Health Service Act for which the priority review voucher is used.
 (B)Complete applicationAn application described under subparagraph (A) for which the sponsor requests the use of a priority review voucher shall be considered incomplete if the fee required by this subsection and all other applicable user fees are not paid in accordance with the Secretary's procedures for paying such fees.
 (C)No waivers, exemptions, reductions, or refundsThe Secretary may not grant a waiver, exemption, reduction, or refund of any fees due and payable under this section.
 (5)Offsetting collectionsFees collected pursuant to this subsection for any fiscal year— (A)shall be deposited and credited as offsetting collections to the account providing appropriations to the Food and Drug Administration; and
 (B)shall not be collected for any fiscal year except to the extent provided in advance in appropriation Acts.
 (d)Notice of Issuance of Voucher and Approval of Products Under VoucherThe Secretary shall publish a notice in the Federal Register and on the Internet website of the Food and Drug Administration not later than 30 calendar days after the occurrence of each of the following:
 (1)The Secretary issues a priority review voucher under this section. (2)The Secretary approves a drug pursuant to an application submitted under section 505(b) of this Act or section 351(a) of the Public Health Service Act for which the sponsor of the application used a priority review voucher issued under this section.
 (e)Eligibility for Other ProgramsNothing in this section precludes a sponsor who seeks a priority review voucher under this section from participating in any other incentive program, including under this Act, except that no sponsor of a material threat medical countermeasure application may receive more than one priority review voucher issued under any section of this Act with respect to such drug.
 (f)Relation to Other ProvisionsThe provisions of this section shall supplement, not supplant, any other provisions of this Act or the Public Health Service Act that encourage the development of medical countermeasures.
 (g)SunsetThe Secretary may not award any priority review vouchers under subsection (b) after October 1, 2024..
		8.Including antifungal products in the CARB–X program
 (a)In generalThe Secretary of Health and Human Services shall, in carrying out the Combating Antibiotic Resistant Bacteria Accelerator program of the Department of Health and Human Services (commonly referred to as CARB–X), conduct research with respect to antifungal resistance, including therapies, diagnostics, and vaccines, including for coccidioidomycosis.
 (b)Authorization of appropriationsThere are authorized to be appropriated to the Biodefense Medical Countermeasure Development Fund established under section 319L(d) of the Public Health Service Act (42 U.S.C. 247d–7e(d)) to carry out subsection (a) $10,000,000 for each of fiscal years 2019 through 2024, to remain available until expended.
 9.Blockchain pilot program for hospital data security for coccidioidomycosis researchPart A of title IV of the Public Health Service Act (42 U.S.C. 281 et seq.) is amended by adding at the end the following new section:

				404O.Blockchain pilot program for hospital data security for coccidioidomycosis research
 (a)In generalThe Director of NIH shall carry out a pilot program to conduct, support, and facilitate auditable research on coccidioidomycosis (commonly referred to as Valley Fever). In carrying out such program, the Director shall—
 (1)award a grant to an eligible entity to install a blockchain on the servers of, or otherwise provide blockchain services to, the National Institutes of Health, and provide support with respect to such a blockchain, which shall contain public, unalterable data which includes every query made through the procedure established under subsection (c), as well as the identity of the individual who asked such a question, without disclosing the results of such queries;
 (2)award a grant to an eligible entity— (A)to provide to not less than 3 qualified hospitals qualified software; and
 (B)to provide customer service to each such hospital with respect to such qualified software or any associated service;
 (3)provide to such qualified hospitals any necessary hardware in accordance with subsection (e); and (4)award grants to eligible entities to test the cybersecurity of such qualified hospitals by attempting to attack simulated data on the servers of such hospitals.
 (b)Eligible entities; applicationThe Director of NIH shall determine whether an entity is eligible to receive a grant under this section and shall select hospitals to be qualified hospitals for purposes of this section. An entity seeking a grant under this section, and a hospital seeking to be so selected, shall submit to the Director of NIH an application in such form and manner and containing such information as the Director of NIH may specify.
 (c)Data queriesThe Director of NIH shall establish, for purposes of allowing researchers to process data from a qualified hospital’s servers pursuant to this section, a procedure to determine—
 (1)who can ask queries of the servers; (2)which data the hospital must include on such servers; and
 (3)which questions may be asked of such servers, and what form of de-identification of the servers’ data is required to ensure privacy.
 (d)Request for proposalsNot later than 90 days after the date of the enactment of this section, the Director of NIH shall publish in the Federal Register a request for proposals for grants under paragraphs (1), (2), and (4) of subsection (a).
					(e)Provision of servers
 (1)In generalThe Director of NIH shall, in carrying out subsection (a)(3), provide to qualified hospitals hardware, including computer servers, sufficient to support qualified software.
 (2)ConditionAs a condition on the receipt of a computer server under paragraph (1), a qualified hospital shall agree not to use the qualified software on the server to store data from patients of the hospital until the Director of NIH determines that testing performed pursuant to subsection (a)(4) has determined that simulated data used in such software could not be extracted from the hospital’s servers.
 (f)DefinitionsIn this section: (1)The term blockchain means software that uses a distributed digital ledger of cryptographically signed transactions that are grouped into blocks, each of which—
 (A)is cryptographically linked to the previous block after validation and undergoing a consensus decision; and
 (B)when added as a new block, makes any older blocks more difficult to modify and is replicated across all copies of the ledger within the relevant network, with any conflicts in such blocks resolved automatically using established rules.
 (2)The term qualified hospital means a hospital that is located in a region in which coccidioidomycosis is endemic. (3)The term qualified software means software that uses secure multiparty encrypted computing to allow researchers to perform computations on encrypted data supplied by qualified hospitals.
 (4)The term secure multiparty encrypted computing means a form of cryptography in which parties can jointly compute a function of inputs while keeping those inputs private from each other, and from all other parties, such as multiparty homomorphic encryption, threshold encryption, and secure multiparty computation.
 (g)Authorization of appropriationsThere are authorized to be appropriated to carry out this section $5,000,000 for fiscal year 2020, to remain available until expended..


115 HR 1197 IH: For the relief of Beloved Jefeti.
U.S. House of Representatives
2017-02-16
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

V115th CONGRESS1st SessionH. R. 1197IN THE HOUSE OF REPRESENTATIVESFebruary 16, 2017Mrs. Davis of California introduced the following bill; which was referred to the Committee on the JudiciaryA BILLFor the relief of Beloved Jefeti.

		1.Permanent resident status for Beloved Jefeti
 (a)In GeneralNotwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act, Beloved Jefeti shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
 (b)Adjustment of StatusIf Beloved Jefeti enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
 (c)Deadline for Application and Payment of FeesSubsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
 (d)Reduction of Immigrant Visa NumberUpon the granting of an immigrant visa or permanent residence to Beloved Jefeti, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.
 (e)Denial of Preferential Immigration Treatment for Certain RelativesThe natural parents, brothers, and sisters of Beloved Jefeti shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.


114 HR 1215 IH: To exempt certain 16- and 17-year-old children employed in logging or mechanized operations from child labor laws.
U.S. House of Representatives
2015-03-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		114th CONGRESS
		1st Session
		H. R. 1215
		IN THE HOUSE OF REPRESENTATIVES

			March 3, 2015
			Mr. Labrador (for himself, Mr. Duncan of South Carolina, Mr. McClintock, Mr. Ribble, Mr. Simpson, Mr. Benishek, Mr. Pearce, Mr. Babin, Mr. Westerman, and Mr. Grothman) introduced the following bill; which was referred to the Committee on Education and the Workforce

		A BILL
		To exempt certain 16- and 17-year-old children employed in logging or mechanized operations from
			 child labor laws.

 1.Short titleThis Act may be cited Future Logging Careers Act. 2.Child labor law exemptions for logging and mechanized operationsThe Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended—
 (1)in section 3 (29 U.S.C. 203)— (A)in subsection (l), by adding at the end the following: , and that employment of employees ages sixteen or seventeen years in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children of such ages shall not be deemed to constitute oppressive child labor if such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person; and
 (B)by adding at the end the following:  (z) (1)Logging—
 (A)means— (i)the felling, skidding, yarding, loading and processing of timber by equipment other than manually operated chainsaws and cable skidders;(ii)the felling of timber in mechanized operations; (iii)the bucking or converting of timber into logs, poles, ties, bolts, pulpwood, chemical wood, excelsior wood, cordwood, fence posts, or similar products;
 (iv)the collecting, skidding, yarding, loading, transporting and unloading of such products in connection with logging;
 (v)the constructing, repairing and maintaining of roads or camps used in connection with logging; the constructing, repairing, and maintenance of machinery or equipment used in logging; and
 (vi)other work performed in connection with logging; and (B)does not include the manual use of chain saws to fell and process timber and the use of cable skidders to bring the timber to the landing.
 (2)Mechanized operation— (A)means the felling, skidding, yarding, loading and processing of timber by equipment other than manually operated chainsaws and cable skidders; and
 (B)includes whole tree processors, cut-to-length processors, stroke boom delimbers, wheeled and track feller-bunchers, pull thru delimbers, wheeled and track forwarders, chippers, grinders, mechanical debarkers, wheeled and track grapple skidders, yarders, bulldozers, excavators, and log loaders.; and
 (2)in section 13(c) (29 U.S.C. 211(c)), by adding at the end the following:  (8)The provisions of section 12 relating to child labor shall apply to an employee who is 16 or 17 years old employed in a logging or mechanized operation in an occupation that the Secretary of Labor finds and declares to be particularly hazardous for the employment of children ages 16 or 17, except where such employee is employed by his parent or by a person standing in the place of his parent in a logging or mechanized operation owned or operated by such parent or person..


		III
		112th CONGRESS
		1st Session
		S. RES. 45
		IN THE SENATE OF THE UNITED STATES

			February 3, 2011
			Mrs. Murray (for herself
			 and Ms. Cantwell) submitted the following
			 resolution; which was considered and agreed to

		RESOLUTION
		Congratulating the Eastern Washington
		  University football team for winning the 2010 National Collegiate Athletic
		  Association Division 1 Football Championship Subdivision
		  title.

		Whereas on January 7, 2011, the Eastern Washington
			 University football team (referred to in this preamble as the
			 Eagles) defeated the University of Delaware Blue Hens by a score
			 of 20 to 19, to win the 2010 National Collegiate Athletic Association Division
			 1 Football Championship Subdivision title;
		Whereas the Eagles were down for most of the championship
			 game, trailing 0 to 19 until late in the third quarter;
		Whereas, it was not until 1 minute and 48 seconds remained
			 in the third quarter of the championship game that quarterback Bo Levi Mitchell
			 threw a 22-yard touchdown pass to Brandon Kaufman;
		Whereas Mitchell then threw another touchdown to Nicholas
			 Edwards with 8 minutes and 16 seconds left in the fourth quarter;
		Whereas Mitchell threw a third touchdown, again to
			 Kaufman, with 2 minutes and 47 seconds left in the game, clinching a win in the
			 Eagles’ first trip to the National Collegiate Athletic Association Division 1
			 Football Championship Subdivision game;
		Whereas the Eagles began the 2010 season in the newly
			 renovated and dedicated Roos Field, named after Eastern Washington University
			 alumnus and offensive lineman Michael Roos of the National Football League’s
			 Tennessee Titans;
		Whereas Roos Field is the only Division 1 college football
			 stadium to feature a red playing surface, leading Roos Field to be aptly
			 nicknamed The Inferno;
		Whereas head coach Beau Baldwin was named the Coach of the
			 Year by College Sporting News;
		Whereas the 2010 Buck Buchanan Award, honoring the most
			 outstanding defensive player in the Division I Football Championship
			 Subdivision, was awarded to Eagles linebacker J.C. Sherritt;
		Whereas Big Sky Conference honors were awarded to Eagles
			 running back Taiwan Jones, who was named Offensive Player of the Year, and
			 Eagles linebacker J.C. Sherritt, who was named Defensive Player of the
			 Year;
		Whereas the Eagles clinched a share of the 2010 Big Sky
			 Conference title, with a conference record of 7-1 and an overall season record
			 of 13-2, and finished the 2010 season with an 11-game win streak; and
		Whereas the Eagles enjoyed widespread support from their
			 dedicated and spirited fans, as well as the entire Eastern Washington
			 University community: Now, therefore, be it

		That the Senate—
			(1)congratulates the
			 Eastern Washington University football team for winning the National Collegiate
			 Athletic Association Division 1 Football Championship Subdivision title;
			(2)recognizes the
			 hard work and dedication of the players, head coach Beau Baldwin, and the
			 assistant coaches and support personnel who all played critical roles in
			 helping the Eastern Washington University Eagles win the Subdivision title;
			 and
			(3)respectfully
			 requests the Secretary of the Senate to transmit an enrolled copy of the
			 resolution to—
				(A)the President of
			 Eastern Washington University, Dr. Rodolfo Arévalo;
				(B)the Athletic
			 Director of Eastern Washington University, Bill Chaves; and
				(C)the Head Coach of
			 the Eastern Washington University football team, Beau Baldwin.


113 HR 1904 IH: Oversight of Sensitive Military Operations Act
U.S. House of Representatives
2013-05-09
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

		I
		113th CONGRESS
		1st Session
		H. R. 1904
		IN THE HOUSE OF REPRESENTATIVES

			May 9, 2013
			Mr. Thornberry (for
			 himself, Mr. Conaway,
			 Mr. Kline,
			 Mrs. Hartzler,
			 Mr. Franks of Arizona,
			 Mr. Turner,
			 Mr. McKeon,
			 Mr. Miller of Florida,
			 Mr. Rigell,
			 Mr. Rogers of Alabama,
			 Mr. Wenstrup,
			 Mr. Wilson of South Carolina,
			 Mr. Heck of Nevada,
			 Mr. Nugent,
			 Mr. Bridenstine,
			 Mr. Lamborn,
			 Mr. Wittman,
			 Mr. Smith of Washington,
			 Mr. Bishop of Utah,
			 Mr. Langevin,
			 Mr. Shuster,
			 Mr. Coffman,
			 Mr. Forbes,
			 Ms. Hanabusa,
			 Mr. LoBiondo,
			 Mr. Hunter,
			 Mr. Austin Scott of Georgia,
			 Mrs. Roby,
			 Mrs. Noem, and
			 Mr. Gibson) introduced the following
			 bill; which was referred to the Committee
			 on Armed Services

		A BILL
		To amend title 10, United States Code, to require the
		  Secretary of Defense to notify the congressional defense committees of certain
		  sensitive military operations, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Oversight of Sensitive Military Operations
			 Act.
		2.Congressional
			 notification of sensitive military operations
			(a)Notification
			 required
				(1)In
			 generalChapter 3 of title 10, United States Code, is amended by
			 adding at the end the following new section:

						130f.Congressional
				notification of sensitive military operations
							(a)In
				generalThe Secretary of
				Defense shall promptly submit to the congressional defense committees notice in
				writing of any sensitive military operation following such operation.
							(b)Procedures(1)The Secretary of Defense shall establish
				and submit to the congressional defense committees procedures for complying
				with the requirements of subsection (a) consistent with the national security
				of the United States and the protection of operational integrity.
								(2)The congressional defense committees
				shall ensure that committee procedures designed to protect from unauthorized
				disclosure classified information relating to national security of the United
				States are sufficient to protect the information that is submitted to the
				committees pursuant to this section.
								(c)Sensitive
				military operation definedThe term sensitive military
				operation means a lethal operation or capture operation conducted by
				the armed forces outside the United States pursuant to—
								(1)the Authorization
				for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541 note); or
								(2)any other
				authority except—
									(A)a declaration of
				war; or
									(B)a specific
				authorization for the use of force other than the authorization referred to in
				paragraph (1).
									(d)ExceptionThe
				notification requirement under subsection (a) shall not apply with respect to a
				sensitive military operation executed within the territory of Afghanistan
				pursuant to the Authorization for Use of Military Force (Public Law 107–40; 50
				U.S.C. 1541 note).
							(e)Rule of
				constructionNothing in this
				section shall be construed to provide any new authority or to alter or
				otherwise affect the War Powers Resolution (50 U.S.C. 1541 et seq.) or the
				Authorization for Use of Military Force (Public Law 107–40; 50 U.S.C. 1541
				note).
							.
				(2)Clerical
			 amendmentThe table of sections at the beginning of such chapter
			 is amended by inserting after the item relating to section 130e the following
			 new item:

							130f. Congressional notification regarding
				sensitive military
				operations.

						.
				(b)Effective
			 dateSection 130f of title 10, United States Code, as added by
			 subsection (a), shall apply with respect to any sensitive military operation
			 (as defined in subsection (c) of such section) executed on or after the date of
			 the enactment of this Act.
			(c)Deadline for
			 submittal of proceduresThe Secretary of Defense shall submit to
			 the congressional defense committees the procedures required under section
			 130f(b) of title 10, United States Code, as added by subsection (a), by not
			 later than 60 days after the date of the enactment of this Act.
			3.Report on process
			 for determining targets of lethal operations
			(a)Report
			 requiredNot later than 60
			 days after the date of the enactment of this Act, the Secretary of Defense
			 shall submit to the congressional defense committees a report containing an
			 explanation of the legal and policy considerations and approval processes used
			 in determining whether an individual or group of individuals could be the
			 target of a lethal operation or capture operation conducted by the Armed Forces
			 of the United States outside the United States.
			(b)Congressional
			 defense committees definedIn
			 this section, the term congressional defense committees
			 means—
				(1)the Committee on
			 Armed Services and the Committee on Appropriations of the Senate; and
				(2)the Committee on
			 Armed Services and the Committee on Appropriations of the House of
			 Representatives.
				4.Counterterrorism
			 operational briefings
			(a)Briefings
			 requiredChapter 23 of title
			 10, United States Code, is amended by adding at the end the following new
			 section:

					492.Quarterly
				briefings: counterterrorism operations
						(a)Briefings
				RequiredThe Secretary of
				Defense shall provide to the congressional defense committees quarterly
				briefings outlining Department of Defense counterterrorism operations and
				related activities involving special operations forces.
						(b)ElementsEach
				briefing under subsection (a) shall include each of the following:
							(1)A global update on
				activity within each geographic combatant command.
							(2)An overview of
				authorities and legal issues including limitations.
							(3)An outline of
				interagency activities and initiatives.
							(4)Any other matters
				the Secretary considers
				appropriate.
							.
			(b)Clerical
			 amendmentThe table of
			 sections at the beginning of such chapter is amended by adding at the end the
			 following new item:

						492. Quarterly briefings: counterterrorism
				operations.

					.


116 S2231 IS: American Opportunity Accounts Act
U.S. Senate
2019-07-23
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II116th CONGRESS1st SessionS. 2231IN THE SENATE OF THE UNITED STATESJuly 23, 2019Mr. Booker introduced the following bill; which was read twice and referred to the Committee on FinanceA BILLTo establish American opportunity accounts, to modify estate and gift tax rules, to reform the
			 taxation of capital income, and for other purposes.

		1.Short title; table of contents
 (a)Short titleThis Act may be cited as the American Opportunity Accounts Act. (b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.TITLE I—American opportunity accountsSec. 101. Definitions.Sec. 102. American Opportunity Fund.Sec. 103. AO accounts.Sec. 104. Assignment, alienation, and treatment of deceased individuals.Sec. 105. Rules governing AO accounts relating to investment, accounting, and reporting.Sec. 106. American Opportunity Fund Board.Sec. 107. Fiduciary responsibilities.Sec. 108. Accounts disregarded in determining eligibility for Federal benefits.Sec. 109. Reports.Sec. 110. Programs for promoting financial capability.Sec. 111. Tax treatment.TITLE II—Revenue provisionsSubtitle A—Estate and gift tax provisionsSec. 201. Modification of estate tax rate and basic exclusion amount.Sec. 202. Required minimum 10-year term, etc., for grantor retained annuity trusts.Sec. 203. Certain transfer tax rules applicable to grantor trusts.Sec. 204. Simplifying gift tax exclusion for annual gifts.Sec. 205. Modification of rules for value of certain farm real property.Subtitle B—Reform of taxation of capital incomeSec. 211. Increase in capital gains rate.Sec. 212. Deemed realization of capital gains at time of gift or death.Sec. 213. Exclusion of certain amounts of realized capital gain.Sec. 214. Extension of time for payment of tax.Sec. 215. Waiver of penalty for underpayment of estimated tax.Sec. 216. Effective date.
			IAmerican opportunity accounts
 101.DefinitionsFor purposes of this title— (1)American Opportunity FundThe term American Opportunity Fund means the fund established under section 102.
 (2)AO accountThe term AO account means an American opportunity account established under section 103. (3)SecretaryThe term Secretary means the Secretary of the Treasury or the Secretary’s delegate.
 (4)American Opportunity Fund BoardThe term American Opportunity Fund Board means the board established pursuant to section 106. (5)Executive DirectorThe term Executive Director means the executive director appointed pursuant to section 106.
				102.American Opportunity Fund
 (a)EstablishmentThere is established in the Treasury of the United States a fund to be known as the American Opportunity Fund. (b)Amounts held by FundThe American Opportunity Fund consists of the sum of all amounts paid into the Fund under this title, increased by the total net earnings from investments of sums held in the Fund or reduced by the total net losses from investments of sums held in the Fund, and reduced by the total amount of payments made from the Fund (including payments for administrative expenses).
				(c)Use of Fund
 (1)In generalThe sums in the American Opportunity Fund are appropriated and shall remain available without fiscal year limitation—
 (A)to make contributions to AO accounts; (B)to invest under section 105;
 (C)to make distributions in accordance with this title; (D)to pay the administrative expenses of carrying out this title; and
 (E)to purchase insurance as provided in section 107(c)(2). (2)Exclusive purposesThe sums in the American Opportunity Fund shall not be appropriated for any purpose other than the purposes specified in this section and may not be used for any other purpose.
 (d)Transfers to American Opportunity FundThe Secretary shall make transfers from the general fund of the Treasury to the American Opportunity Fund as follows:
 (1)Initial contribution for eligible individuals born after December 31, 2019Upon receipt of a certification under section 103(b)(2) with respect to an individual born after December 31, 2019, the Secretary shall transfer $1,000 to the AO account of the individual.
					(2)Annual contributions
 (A)In generalEach year which occurs after the year in which an AO account is established for an eligible individual and before the year the eligible individual attains the age of 18, the Secretary shall transfer the annual contribution amount to the AO account of the individual.
 (B)Annual contribution amountThe annual contribution amount shall be the amount such that the annual contribution amount for any taxpayer whose household income is within an income tier specified in the following table shall decrease, on a sliding scale in a linear manner, from the initial amount to the final amount specified in such table for such income tier:In the case of household income (expressed as a percent of the poverty line) within the following
			 income tier:The initial amount is—The final  amount is—Up to 100 percent$2,000$2,000100 percent up to 125 percent2,0001,500125 percent up to 175 percent1,5001,000175 percent up to 225 percent1,000500225 percent up to 325 percent500250325 percent up to 500 percent2500500 percent or more00
 (C)Applicable household income; poverty lineFor purposes of this paragraph— (i)Applicable household incomeThe term applicable household income means household income (as defined in section 36B(d) of the Internal Revenue Code of 1986), except that—
 (I)with respect to any calendar year, the Secretary shall use the income of the most recent taxable year for which information is available; and
 (II)in determining household income the Secretary shall aggregate the income of married individuals filing separate tax returns.
 (ii)Poverty lineThe term poverty line has the meaning given such term under section 36B(d) of the Internal Revenue Code of 1986. (D)Authority to provide tax information (i)In generalSection 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:

									(23)Disclosure of return information to carry out eligibility requirements for certain programs
 (A)In generalThe Secretary shall disclose to officers and employees of the Department of Treasury or the American Opportunity Fund Board return information of any taxpayer whose income is relevant in determining any annual contribution to an American Opportunity Account under section 102 of the American Opportunity Accounts Act. Such return information shall be limited to—
 (i)taxpayer identity information with respect to such taxpayer, (ii)the filing status of such taxpayer,
 (iii)the number of individuals for whom a deduction is allowed under section 151 with respect to the taxpayer (including the taxpayer and the taxpayer's spouse),
 (iv)the modified adjusted gross income (as defined in section 36B) of such taxpayer, of any spouse of such taxpayer who filed a separate return, and of each of the other individuals included under clause (iii) who are required to file a return of tax imposed by chapter 1 for the taxable year,
 (v)such other information as is prescribed by the Secretary by regulation as might indicate whether the taxpayer is eligible for such an annual contribution (and the amount thereof), and
 (vi)the taxable year with respect to which the preceding information relates or, if applicable, the fact that such information is not available.
 (B)Restriction on use of disclosed informationReturn information disclosed under subparagraph (A) may be used by officers and employees of the Department of Treasury or the American Opportunity Fund Board for the purposes of, and to the extent necessary in establishing eligibility for, and verifying the appropriate amount of, any annual contribution described in subparagraph (A)..
 (ii)Procedures and recordkeeping related to disclosuresParagraph (4) of section 6103(p) of such Code is amended by striking or (22) each place it appears and inserting (22), or (23). (E)Study on incorporation of other wealth factorsNot later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit to Congress and the Secretary of Treasury a report on the feasibility and distributive impacts of a new measure for determining the amount of the annual contribution amount under this paragraph based on family wealth, total assets, and overall net worth. Such measure may—
 (i)include financial assets, the value of family home, retirement accounts, business and entrepreneurial ventures, potential future inheritances, and any other assets or debts; and
 (ii)continue to factor in current or past income to the extent such information is useful in estimating overall household wealth.
							(3)Adjustment for inflation
 (A)In generalFor each calendar year beginning after 2020, each of the dollar amounts under paragraphs (1) and (2)(B)(i) shall be increased by such dollar amount multiplied by the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 determined by substituting calendar year 2019 for calendar year 2016 in subparagraph (A)(ii) thereof.
 (B)RoundingIf any amount adjusted under paragraph (1) is not a multiple of $50, such amount shall be rounded to the next lowest multiple of $50.
 (e)Prohibition on Use of Payroll Taxes To Fund AO accountsThe American Opportunity Fund and AO accounts are wholly separate and unique from the Social Security system. No amount from any tax on employment may be contributed to the American Opportunity Fund or AO accounts.
				103.AO accounts
				(a)In general
 (1)EstablishmentThe Executive Director shall establish in the American Opportunity Fund an account (to be known as an American Opportunity account or an AO account) for each eligible individual certified under subsection (b). Each such account shall be identified to its account holder by means of a unique personal identifier currently recognized by the Internal Revenue Service and shall remain in the American Opportunity Fund.
 (2)Account balanceThe balance in an account holder’s AO account at any time is the excess of— (A)the sum of—
 (i)all deposits made into the American Opportunity Fund and credited to the account under paragraph (3); and
 (ii)the total amount of allocations made to and reductions made in the account pursuant to paragraph (4); over
 (B)the amounts paid out of the account with respect to such individual under subsection (c). (3)Crediting of contributionsPursuant to regulations which shall be prescribed by the Executive Director, the Executive Director shall credit to each AO account the amounts paid into the American Opportunity Fund under section 102(d) which are attributable to the account holder of such account.
 (4)Allocation of earnings and lossesThe Executive Director shall allocate to each AO account an amount equal to the net earnings and net losses from each investment of sums in the American Opportunity Fund which are attributable, on a pro rata basis, to sums credited to such account, reduced by an appropriate share of the administrative expenses paid out of the net earnings, as determined by the Executive Director.
 (b)Eligible individualFor purposes of this title— (1)In generalThe term eligible individual means any individual who—
 (A)was born after December 31, 2003; (B)has not yet attained the age of 18 years; and
 (C)has a valid, unique, Federal Government issued identification number recognized by the Internal Revenue Service.
						(2)Certification of account holders
 (A)Automatic certification for certain individuals born after December 31, 2019On any date after December 31, 2019, on which an eligible individual is issued a social security account number under section 203(c)(2) of the Social Security Act, the Commissioner of Social Security shall certify to the Executive Director and the Secretary of the Treasury the name of, and social security number issued to, such eligible individual.
 (B)Other individualsIn the case of an eligible individual who is not certified under subparagraph (A), such individual may request the establishment an AO account under this subparagraph by application to the Executive Director, and the Executive Director shall certify such individual under this subparagraph.
						(c)Restrictions on distributions
					(1)Age-related restrictions
 (A)In generalExcept as otherwise provided in this paragraph, no amount may be distributed from an AO account before the date on which the account holder attains the age of 18.
 (B)Higher education expensesSubparagraph (A) shall not apply to amounts paid for qualified tuition and related expenses (as defined in section 25A(f)(1) of the Internal Revenue Code of 1986) of the account holder if the account holder is an eligible student (as defined in section 25A(b)(3) of such Code) with respect to such expenses.
 (C)Authority to provide higher age limit for certain distributionsThe Secretary, in consultation with the American Opportunity Fund Advisory Board, may by regulations provide for a higher age limitation with respects to distributions relating to certain categories of qualified expenses if the Secretary determines that such higher age limitation is appropriate.
						(2)Use-related restrictions
 (A)In generalNo amount may be distributed from an AO account unless the account holder establishes, under rules established by the Executive Director in consultation with the American Opportunity Fund Advisory Board, that such amount shall be used for a qualified expense.
 (B)Qualified expenseFor purposes of this subsection— (i)In generalThe term qualified expense means expenses for any of the following:
 (I)Education of the account holder. (II)Ownership of a home by the account holder.
 (III)Any expenses paid or incurred on or after the date on which the account holder attains age 59½. (IV)Any other investment in financial assets or personal capital that provides long-term gains to wages and wealth, as established under regulations promulgated by the Secretary, in consultation with the Executive Director and the American Opportunity Fund Advisory Board.
 (ii)ExceptionSuch term shall not include any expense described in clause (i) which is paid to a person who does not meet such standards as are prescribed by the Secretary, in consultation with the Executive Director and the American Opportunity Fund Advisory Board.
 (3)American Opportunity Account Advisory BoardFor purposes of this subsection, the term American Opportunity Fund Advisory Board means an advisory board established by the Secretary consisting of individuals with expertise in savings and asset-building, home financing, education financing, consumer financial protection, and such other areas as the Secretary may determine appropriate.
					104.Assignment, alienation, and treatment of deceased individuals
 (a)Assignment and alienationUnder regulations which shall be prescribed by the Executive Director, rules relating to assignment and alienation applicable under chapter 84 of title 5, United States Code, with respect to amounts held in accounts in the Thrift Savings Fund shall apply with respect to amounts held in AO accounts in the American Opportunity Fund.
 (b)Treatment of accounts of deceased individualsIn the case of a deceased account holder of an AO account which has an account balance greater than zero, upon receipt of notification of such individual’s death, the Executive Director shall close the account and shall transfer the balance in such account to the AO account of such account holder’s surviving spouse or, if there is no such account of a surviving spouse, to the duly appointed legal representative of the estate of the deceased account holder, or if there is no such representative, to the person or persons determined to be entitled thereto under the laws of the domicile of the deceased account holder.
				105.Rules governing AO accounts relating to investment, accounting, and reporting
 (a)Investment programThe Secretary shall establish, and the American Opportunity Fund Board shall invest in debt obligations of the United States Government with a term of 30 years.
				(b)Independent public accountant
 (1)In generalUnder regulations which shall be prescribed by the Executive Director, and subject to the provisions of this title, section 8439(b) of title 5, United States Code (relating to engagement of independent qualified public accountant), shall apply with respect to the American Opportunity Fund and accounts maintained in such Fund in the same manner and to the same extent as such section relates to the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund.
 (2)Application rulesFor purposes of paragraph (1), references in such section 8439(b) to an employee, Member, former employee, or former Member shall be deemed references to an account holder of an AO account in the American Opportunity Fund.
					(c)Confidentiality and disclosure
 (1)In generalExcept as otherwise authorized by Federal law, the American Opportunity Fund Board, the Executive Director, and any employee of the American Opportunity Fund Board shall not disclose information with respect to the American Opportunity Fund or any account maintained in such Fund.
 (2)Disclosure to designee of beneficiaryThe Executive Director may, subject to such requirements and conditions as he may prescribe by regulations, disclose such information with respect to the AO account of the beneficiary to such person or persons as the beneficiary may designate in a request for or consent to such disclosure, or to any other person at the beneficiary’s request to the extent necessary to comply with a request for information or assistance made by the beneficiary to such other person.
					106.American Opportunity Fund Board
 (a)In generalThere is established in the executive branch of the Government an American Opportunity Fund Board.
 (b)Composition, duties, and responsibilitiesSubject to the provisions of this title, the following provisions shall apply with respect to the American Opportunity Fund Board in the same manner and to the same extent as such provisions relate to the Federal Retirement Thrift Investment Board:
 (1)Section 8472 of title 5, United States Code (relating to composition of Federal Retirement Thrift Investment Board).
 (2)Section 8474 of such title (relating to Executive Director). (3)Section 8476 of such title (relating to administrative provisions).
					107.Fiduciary responsibilities
 (a)In generalUnder regulations of the Secretary of Labor, the provisions of sections 8477 and 8478 of title 5, United States Code, shall apply in connection with the American Opportunity Fund and the accounts maintained in such Fund in the same manner and to the same extent as such provisions apply in connection with the Thrift Savings Fund and the accounts maintained in the Thrift Savings Fund.
 (b)Investigative authorityAny authority available to the Secretary of Labor under section 504 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1134) is hereby made available to the Secretary of Labor, and any officer designated by the Secretary of Labor, to determine whether any person has violated, or is about to violate, any provision applicable under subsection (a).
				(c)Exculpatory provisions; insurance
 (1)In generalAny provision in an agreement or instrument which purports to relieve a fiduciary from responsibility or liability for any responsibility, obligation, or duty under this title shall be void.
 (2)InsuranceAmounts in the American Opportunity Fund available for administrative expenses shall be available and may be used at the discretion of the Executive Director to purchase insurance to cover potential liability of persons who serve in a fiduciary capacity with respect to the Fund and accounts maintained therein, without regard to whether a policy of insurance permits recourse by the insurer against the fiduciary in the case of a breach of a fiduciary obligation.
 108.Accounts disregarded in determining eligibility for Federal benefitsAmounts in any AO account shall not be taken into account in determining any individual’s or household’s financial eligibility for, or amount of, any benefit or service, paid for in whole or in part with Federal funds, including student financial aid.
			109.Reports
 (a)Reports to CongressThe Executive Director, in consultation with the Secretary, shall annually transmit a written report to the Congress. Such report shall include—
 (1)a detailed description of the status and operation of the American Opportunity Fund and the management of the AO accounts; and
 (2)a detailed accounting of the administrative expenses in carrying out this title, including the ratio of such administrative expenses to the balance of the American Opportunity Fund and the methodology adopted by the Executive Director for allocating such expenses among the AO accounts.
 (b)Reports to account holdersThe American Opportunity Fund Board shall prescribe regulations under which each individual for whom an AO account is maintained shall be furnished with an annual statement relating to the individual’s account, which shall include—
 (1)a statement of the balance of individual’s AO account; (2)a projection of the account’s growth by the time the individual attains the age of 18; and
 (3)such other information as the Secretary deems relevant. 110.Programs for promoting financial capabilityThe Secretary of the Treasury, in coordination with the Financial Literacy and Education Commission, shall develop programs to promote the financial capability of account holders of AO accounts.
			111.Tax treatment
 (a)Contributions and distributionsPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139G the following new section:

 139H.Contributions to and distributions from AO accountsGross income shall not include— (1)any contribution credited to the AO account of the taxpayer under section 103(a)(3) of the American Opportunity Accounts Act, and
 (2)any distribution from such an AO account.. (b)Tax treatment of earnings and distributionsSubchapter F of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new part:

						IXAmerican Opportunity Fund and AO accountsSec. 530A. American Opportunity Fund and AO accounts.
							530A.American Opportunity Fund and AO accounts
 (a)General ruleThe American Opportunity Fund and AO accounts shall be exempt from taxation under this subtitle. Notwithstanding the preceding sentence, a AO account shall be subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable organizations).
 (b)DefinitionsFor purposes of this section, the terms American Opportunity Fund and AO account have the meanings given such terms under title I of the American Opportunity Accounts Act.. (c)Conforming amendments (1)The table of sections for part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item related to section 139G the following new item:
						Sec. 139H. Contributions to and distributions from AO accounts..
 (2)The table of parts for subchapter F of chapter 1 of such Code is amended by adding at the end the following new item:
						Part IX—American Opportunity Fund and AO accounts.
 (d)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019. IIRevenue provisions AEstate and gift tax provisions 201.Modification of estate tax rate and basic exclusion amount (a)Permanent extension of maximum estate tax rate and basic exclusion amount as in effect in 2009 (1)Maximum estate tax rateThe last row of the table contained in subsection (c) of section 2001 of the Internal Revenue Code of 1986 is amended by striking 40 percent and inserting 45 percent.
 (2)Basic exclusion amountParagraph (3) of section 2010(c) of the Internal Revenue Code of 1986 is amended to read as follows:

 (3)Basic exclusion amountFor purposes of this subsection, the basic exclusion amount is $3,500,000.. (b)Additional taxes for estates over $10,000,000The table contained in section 2001(c), as amended by subsection (a), is amended—
 (1)by inserting but not over $10,000,000 after Over $1,000,000 in the last row; and (2)by adding at the end the following:
							Over $10,000,000 but not over $50,000,000$4,395,800, plus 55 percent of the excess of such amount over $10,000,000.Over $50,000,000$26,395,800, plus  65 percent of the excess of such amount over $50,000,000..
 (c)Effective dateThe amendments made by this section shall apply to estates of decedents dying and gifts made after December 31, 2019.
					202.Required minimum
			 10-year term, etc., for grantor retained annuity trusts
					(a)In
 generalSubsection (b) of section 2702 is amended—
 (1)by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively, and by moving such subparagraphs (as so redesignated) 2 ems to the right;
 (2)by striking For purposes of and inserting the following:

								(1)In
 generalFor purposes of;
 (3)by striking paragraph (1) or (2) in paragraph (1)(C) (as so redesignated) and inserting subparagraph (A) or (B); and
 (4)by adding at the end the following new paragraph:

								(2)Additional
 requirements with respect to grantor retained annuitiesFor purposes of subsection (a), in the case of an interest described in paragraph (1)(A) (determined without regard to this paragraph) which is retained by the transferor, such interest shall be treated as described in such paragraph only if—
 (A)the right to receive the fixed amounts referred to in such paragraph is for a term of not less than 10 years and not more than the life expectancy of the annuitant plus 10 years,
 (B)such fixed amounts, when determined on an annual basis, do not decrease during the term described in subparagraph (A), and
 (C)the remainder interest has a value, as determined as of the time of the transfer, which is— (i)not less than an amount equal to the greater of—
 (I)25 percent of the fair market value of the property in the trust, or (II)$500,000, and
 (ii)not greater than the fair market value of the property in the trust.. (b)Effective dateThe amendments made by this section shall apply to transfers made after the date of the enactment of this Act.
					203.Certain
		transfer tax rules applicable to grantor trusts
					(a)In
 generalSubtitle B is amended by adding at the end the following new chapter:

							16Special rules
		  for grantor trustsSec. 2901. Application of transfer
			 taxes.
								2901.Application
		  of transfer taxes
									(a)In
 generalIn the case of any portion of a trust to which this section applies—
 (1)the value of the gross estate of the deceased deemed owner of such portion shall include all assets attributable to that portion at the time of the death of such owner,
 (2)any distribution from such portion to one or more beneficiaries during the life of the deemed owner of such portion shall be treated as a transfer by gift for purposes of chapter 12, and
 (3)if at any time during the life of the deemed owner of such portion, such owner ceases to be treated as the owner of such portion under subpart E of part 1 of subchapter J of chapter 1, all assets attributable to such portion at such time shall be treated for purposes of chapter 12 as a transfer by gift made by the deemed owner.
										(b)Portion of
 trust to which section appliesThis section shall apply to— (1)the portion of a trust with respect to which the grantor is the deemed owner, and
 (2)the portion of the trust to which a person who is not the grantor is a deemed owner by reason of the rules of subpart E of part 1 of subchapter J of chapter 1, and such deemed owner engages in a sale, exchange, or comparable transaction with the trust that is disregarded for purposes of subtitle A.
										For purposes of paragraph (2), the portion of the trust described with respect to a transaction is
			 the portion of the trust attributable to the property received by the
			 trust in such transaction, including all retained income therefrom,
			 appreciation
		  thereon, and reinvestments thereof, net of the amount of consideration received
 by the deemed owner in such transaction.(c)ExceptionsThis section shall not apply to—
 (1)any trust that is includible in the gross estate of the deemed owner (without regard to subsection (a)(1)), and
 (2)any other type of trust that the Secretary determines by regulations or other guidance does not have as a significant purpose the avoidance of transfer taxes.
										(d)Deemed owner
 definedFor purposes of this section, the term deemed owner means any person who is treated as the owner of a portion of a trust under subpart E of part 1 of subchapter J of chapter 1.
									(e)Reduction for
 taxable gifts to trust made by ownerThe amount to which subsection (a) applies shall be reduced by the value of any transfer by gift by the deemed owner to the trust previously taken into account by the deemed owner under chapter 12.
									(f)Liability for
 payment of taxAny tax imposed pursuant to subsection (a) shall be a liability of the trust..
					(b)Clerical
 amendmentThe table of chapters for subtitle B is amended by adding at the end the following new item:
						Chapter 16. Special rules for grantor
		  trusts.
					(c)Effective
 dateThe amendments made by this section shall apply— (1)to trusts created on or after the date of the enactment of this Act;
 (2)to any portion of a trust established before the date of the enactment of this Act which is attributable to a contribution made on or after such date; and
 (3)to any portion of a trust established before the date of the enactment of this Act to which section 2901(a) of the Internal Revenue Code of 1986 (as added by subsection (a)) applies by reason of a transaction described in section 2901(b)(2) of such Code on or after such date.
						204.Simplifying gift tax exclusion for annual gifts
 (a)In generalSection 2503 of the Internal Revenue Code of 1986 is amended— (1)by striking paragraph (1) of subsection (b) and inserting the following:

								(1)In general
 (A)Limit per doneeIn the case of gifts made to any person by the donor during the calendar year, the first $10,000 of such gifts to such person shall not, for purposes of subsection (a), be included in the total amount of gifts made during such year.
									(B)Cumulative limit per donor
 (i)In generalThe aggregate amount excluded under subparagraph (A) with respect to all transfers described in clause (ii) made by the donor during the calendar year shall not exceed $50,000.
 (ii)Transfers subject to limitationThe transfers described in this clause are— (I)a transfer in trust (with the exception of any transfer to a trust described in section 2642(c)(2)),
 (II)a transfer of an interest in a passthrough entity, (III)a transfer of an interest subject to a prohibition on sale, and
 (IV)any other transfer of property that, without regard to withdrawal, put, or other such rights in the donee, cannot immediately be liquidated by the donee., and
 (2)by striking subsection (c). (b)Conforming amendments (1)Subparagraph (B) of section 529(c)(2) of the Internal Revenue Code of 1986 is amended by striking section 2503(b) and inserting “section 2503(b)(1)(A).
 (2)Clause (i) of section 529A(b)(2)(B) of such Code is amended by striking section 2503(b) and inserting section 2503(b)(1)(A). (3)Paragraph (2) of section 2523(i) of such Code is amended by striking section 2503(b) and inserting section 2503(b)(1)(A).
 (4)Subsection (c) of such Code of section 2801 is amended by striking 2503(b) and inserting 2503(b)(1)(A). (c)RegulationsThe Secretary of the Treasury, or the Secretary of the Treasury's delegate, may prescribe such regulations or other guidance as may be necessary or appropriate to carry out the amendments made by this section.
 (d)Effective dateThe amendments made by this section shall apply to any calendar year beginning after the date of the enactment of this Act.
					205.Modification of
			 rules for value of certain farm real property
					(a)Increase in limitation
						(1)In
 generalParagraph (2) of section 2032A(a) of the Internal Revenue Code of 1986 is amended by striking $750,000 and inserting $3,000,000.
						(2)Inflation
 adjustmentParagraph (3) of section 2032A(a) of such Code is amended—
 (A)by striking 1998 and inserting 2020;
 (B)by striking $750,000 and inserting $3,000,000 in subparagraph (A); and
 (C)by striking calendar year 1997 and inserting calendar year 2019 in subparagraph (B).
							(b)Qualified use limited to farming purposes
 (1)In generalSection 2032A(b)(2) is amended by striking the devotion of the property and all that follows and inserting the devotion of the property to use as a farm for farming purposes.. (2)Conforming amendments (A)Subsections (c)(6)(A), (h)(3), and (i)(3) of section 2032A of the such Code are each amended by striking subparagraph (A) or (B) of.
 (B)The heading of section 2032A of such Code (and the item relating to section 2032A in the table of sections for part III of subchapter A of chapter 11 of such Code) is amended by striking , etc.,.
							(c)Effective
 dateThe amendments made by this section shall apply to estates of decedents dying, and gifts made, after December 31, 2019.
					BReform of taxation of capital income
				211.Increase in capital gains rate
 (a)In generalSection 1(h)(1)(D) of the Internal Revenue Code of 1986 is amended by striking 20 percent and inserting 24.2 percent. (b)Minimum taxSection 55(b)(3)(D) of the Internal Revenue Code of 1986 is amended by striking 20 percent and inserting 24.2 percent.
 (c)Conforming amendmentsThe following provisions are each amended by striking 20 percent and inserting 20.4 percent: (1)Section 531 of the Internal Revenue Code of 1986.
 (2)Section 541 of the Internal Revenue Code of 1986. (3)Section 1445(e)(1) of the Internal Revenue Code of 1986.
 (4)Section 1445(e)(6) of the Internal Revenue Code of 1986. (5)The second sentence of section 7518(g)(6)(A) of the Internal Revenue Code of 1986.
 (6)Section 53511(f)(2) of title 46, United States Code. (d)Effective dates (1)In generalExcept as otherwise provided, the amendments made by this section shall apply to taxable years beginning after December 31, 2019.
 (2)WithholdingThe amendments made by paragraphs (3) and (4) of subsection (c) shall apply to amounts paid on or after January 1, 2019.
						212.Deemed realization  of capital gains at time of  gift or death
					(a)Treatment as sale
 (1)In generalPart IV of subchapter P of chapter 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

								1261.Gains from certain property transferred by gift or upon death
 (a)In generalAny capital asset which is transferred by gift or upon death shall be treated as sold for its fair market value on the date of such gift, death, or transfer.
									(b)Exceptions
 (1)Tangible propertyThis section shall not apply to any tangible personal property other than a collectible (as defined in section 408(m) without regard to paragraph (3) thereof).
 (2)Spousal exceptionThis section shall not apply to any transfer if such transfer is made to the spouse or surviving spouse of the transferor.
 (3)Gifts to charityThis section shall not apply to any transfer if such transfer is made to an organization described in section 170(c)..
 (2)Clerical amendmentThe table of sections for part IV of subchapter P of chapter 1 of such Code is amended by adding at the end the following new item:
							Sec. 1261. Gains from certain property transferred by gift or upon death..
						(b)Treatment of basis for gifts and bequests to which tax applies
 (1)Elimination of carryover basis for giftsSubsection (a) section 1015 of the Internal Revenue Code of 1986 is amended— (A)by striking If the property and inserting the following:

 (1)Gifts before January 1, 2020If the property; (B)by inserting and before January 1, 2020 after after December 31, 1920; and
 (C)by adding at the end the following new paragraph:  (2) Gifts after December 31, 2019 (A)In generalIf the property was acquired by gift after December 31, 2019, the basis shall be the fair market value of such property at the time of the gift.
 (B)Special rules for charitable organizationsIn the case of any property acquired by an organization described in section 170(c) by gift, subparagraph (A) shall not apply and paragraph (1) shall be applied without regard to the phrase and before January 1, 2020..
 (2)Property acquired from decedent spousesSection 1014 of such Code is amended by adding at the end the following new subsection:  (g)Property acquired from decedent spousesIn the case of any property acquired from or which has passed from a decedent in a transfer described in section 1041(a)(1), the basis of such property in the hands of the transferee shall be determined under section 1041(b) and not this section..
						(3)Rule for transfers between spouses
 (A)In generalSection 1041(b) of the Internal Revenue Code of 1986 is amended to read as follows:  (b)Transferee has transferor's basisIn the case of any transfer of property described in subsection (a), the basis of the transferee in the property shall be the adjusted basis of the transferor..
 (B)Conforming amendmentSection 1015(e) of such Code is amended by striking 1041(b)(2) and inserting 1041(b). 213.Exclusion of certain amounts of realized capital gain (a)In generalPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986, as amended by section 111, is amended by inserting after section 139H the following new section:

							139I.Exclusion gain from transfers of appreciated assets by gift or at death
 (a)In generalGross income shall not include so much of the aggregate gain from transfers at death described in 1261(a) of any capital asset as does not exceed $100,000.
								(b)Special rules for real property used for farming
									(1)In general
 (A)Application of sectionIn the case of qualified real property— (i)subsection (a) shall be applied separately to such qualified real property and other property, and
 (ii)in applying subsection (a) to such qualified real property, the applicable amount shall be substituted for $100,000. (B)Applicable amountFor purposes of subparagraph (A), the applicable amount is an amount equal to the sum of—
 (i)$1,000,000, plus (ii)the excess (not less than zero) of the amount in effect under subsection (a) over the aggregate amount of gain from transfers at death described in section 1261(a) of capital assets other than qualified real property.
											(2)Imposition of additional tax
 (A)In generalThe Secretary shall, by regulations, provide for recapturing the benefit under any exclusion allowable under paragraph (1) with respect to any qualified real property if, within 10 years after the decedent's death and before the death of the qualified heir—
 (i)the qualified heir disposes of any interest in qualified real property (other than by a disposition to a member of his family), or
 (ii)the qualified heir ceases to use for the qualified use the qualified real property which was acquired (or passed) from the decedent.
 (B)LiabilityThe benefit recaptured under subparagraph (A) shall be recaptured from the qualified heir. (3)DefinitionsAny term used in this subsection which is also used in section 2032A shall have the meaning given such term under section 2032A.
									(c)Inflation adjustment
 (1)In generalIn the case of any taxable year beginning after 2020, the $100,000 amount in subsection (a) and the $1,000,000 in subsection (b)(1)(B)(i) shall each 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 the calendar year in which the taxable year begins, determined by substituting in subparagraph (A)(ii) thereof calendar year 2019 for calendar year 2016.
										(2)Rounding
 (A)In generalIf the dollar amount in subsection (a), after being increased under paragraph (1), is not a multiple of $10,000, such dollar amount shall be rounded to the next lowest multiple of $10,000.
 (B)Qualified real propertyIf the dollar amount in subsection (b)(1)(B)(i), after being increased under paragraph (1), is not a multiple of $100,000, such amount shall be rounded to the next lowest multiple of $100,000..
 (b)Clerical amendmentThe table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after section 139H the following new item:
						Sec. 139I. Exclusion gain from transfers of appreciated assets by gift or at death..
 (c)Effective dateThe amendments made by this section shall apply to taxable years beginning after December 31, 2019. 214.Extension of time for payment of tax (a)Extension of time (1)In generalSubpart B of chapter 62 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section:

								6168.Extension of time for payment of capital gains on certain assets realized by reason of death
									(a)15-Year installment payment
 (1)In generalIn the case of any gain with respect to an eligible capital asset that is recognized under section 1261 by reason of the death of the taxpayer, the taxpayer may elect to pay part or all of tax imposed on such gain in 2 or more (but not exceeding 15) equal installments.
 (2)Date for payment of installmentsIf an election is made under paragraph (1), the first installment shall be paid not later than the date on which the tax for the taxable year in which the gain described in paragraph (1) occurs is due, and each succeeding installment shall be paid on or before the date which is 1 year after the date prescribed by this paragraph for payment of the preceding installment.
 (b)Eligible capital assetFor purposes of this section, the term eligible capital asset means any capital asset other than personal property of a type which is actively traded (within the meaning of section 1092(d)(1)).
 (c)Portion of tax eligibleThe amount of tax to which this section applies shall not exceed the excess of— (1)the tax computed under chapter 1 (determined after application of section 1261), over
 (2)the tax computed under chapter 1 (determined without regard to section 1261). (d)ElectionAny election under subsection (a) shall be made not later than the time prescribed by section 6072 for filing the return of tax imposed under chapter 1 (including extensions thereof), and shall be made in such manner as the Secretary shall by regulations prescribe. If an election under subsection (a) is made, the provisions of this subtitle shall apply as though the Secretary were extending the time for payment of the tax.
 (e)Proration of deficiency to installmentsIf an election is made under subsection (a) to pay any part of the tax imposed under chapter 1 in installments and a deficiency has been assessed, the deficiency shall (subject to the limitation provided by subsection (a)(2)) be prorated to the installments payable under subsection (a). The part of the deficiency so prorated to any installment the date for payment of which has not arrived shall be collected at the same time as, and as a part of, such installment. The part of the deficiency so prorated to any installment the date for payment of which has arrived shall be paid upon notice and demand from the Secretary. This subsection shall not apply if the deficiency is due to negligence, to intentional disregard of rules and regulations, or to fraud with intent to evade tax.
 (f)Time for payment of interestIf the time for payment of any amount of tax has been extended under this section, interest payable under section 6601 on any unpaid portion shall be paid annually at the same time as, and as part of, each installment payment of the tax.
 (g)RegulationsThe Secretary shall prescribe such regulations as may be necessary to the application of this section.
									(h)Cross References
 (1)SecurityFor authority of the Secretary to require security in the case of an extension under this section, see section 6165.
 (2)InterestFor provisions relating to interest on tax payable in installments under this section, see subsection (k) of section 6601..
 (2)Clerical amendmentThe table of sections for subpart B of chapter 62 is amended by adding at the end the following new item:
							Sec. 6168. Extension of time for payment of capital gains on certain assets realized by reason of
			 death..
 (b)InterestSection 6601 of the Internal Revenue Code of 1986 is amended by redesignating subsection (k) as subsection (l) and by inserting after subsection (j) the following new subsection:

 (k)Special rate for tax extended under section 6168If the time for payment of an amount of tax imposed by chapter 11 is extended as provided in section 6168, in lieu of the annual rate provided by subsection (a), interest shall be paid at a rate equal to 45 percent of the annual rate provided by subsection (a). For purposes of this subsection, the amount of any deficiency which is prorated to installments payable under section 6168 shall be treated as an amount of tax payable in installments under such section..
 215.Waiver of penalty for underpayment of estimated taxSection 6654(e)(3) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph:

 (C)Capital gains payable upon deathNo addition to tax shall be imposed under subsection (a) with respect to any underpayment if the taxpayer died during the taxable year and the Secretary determines that the amount of the underpayment is due to capital gains that were realized by reason of section 1261..
 216.Effective dateExcept as otherwise provided, the amendments made by this subtitle shall apply to transfers after December 31, 2019, in taxable years beginning after such date.