		II
		110th CONGRESS
		1st Session
		S. 1605
		IN THE SENATE OF THE UNITED STATES

			June 13, 2007
			Mr. Conrad (for himself,
			 Mr. Roberts, Mr. Harkin, Mr.
			 Salazar, Mr. Domenici,
			 Mr. Bingaman, Mr. Smith, Mr. Nelson of
			 Nebraska, Ms. Snowe,
			 Mrs. Murray, Mr. Thune, Mr.
			 Dorgan, Ms. Collins,
			 Mr. Johnson, Mr. Enzi, and Mrs.
			 Lincoln) introduced the following bill; which was read twice and
			 referred to the Committee on
			 Finance

		A BILL
		To amend title XVIII of the Social Security Act to
		  protect and preserve access of Medicare beneficiaries in rural areas to health
		  care providers under the Medicare program, and for other
		  purposes.

		1.Short title; table of
			 contents
			(a)Short
			 titleThis Act may be cited as the Craig Thomas Rural Hospital and Provider Equity Act of
			 2007.
			(b)Table of
			 ContentsThe table of contents of this Act is as follows:

					Sec. 1. Short title; table of contents.
					Sec. 2. Fairness in the Medicare disproportionate share
				hospital (DSH) adjustment for rural hospitals.
					Sec. 3. Revision of the Medicare hold harmless provision under
				the prospective payment system for hospital outpatient department (HOPD)
				services.
					Sec. 4. Improvement of definition of low-volume hospital for
				purposes of the Medicare inpatient hospital payment adjustment.
					Sec. 5. Extension of Medicare wage index reclassifications for
				certain hospitals.
					Sec. 6. Extension of Medicare reasonable costs payments for
				certain clinical diagnostic laboratory tests furnished to hospital patients in
				certain rural areas.
					Sec. 7. Critical access hospital improvements.
					Sec. 8. Capital infrastructure revolving loan
				program.
					Sec. 9. Extension of Medicare incentive payment program for
				physician scarcity areas.
					Sec. 10. Extension of floor on Medicare work geographic
				adjustment.
					Sec. 11. Improving care planning for Medicare home health
				services.
					Sec. 12. Rural health clinic improvements.
					Sec. 13. Community health center collaborative access
				expansion.
					Sec. 14. Application of the temporary Medicare payment increase
				for home health services furnished in a rural area to 2008.
					Sec. 15. Extension of increased Medicare payments for rural
				ground ambulance services.
					Sec. 16. Coverage of marriage and family therapist services and
				mental health counselor services under part B
				of the Medicare program.
					Sec. 17. Extension of treatment of certain physician pathology
				services under Medicare.
					Sec. 18. Medicare remote monitoring pilot projects.
					Sec. 19. Facilitating the provision of telehealth services
				across State lines.

			2.Fairness in the
			 Medicare disproportionate share hospital (DSH) adjustment for rural
			 hospitalsSection
			 1886(d)(5)(F)(xiv)(II) of the Social Security
			 Act (42 U.S.C. 1395ww(d)(5)(F)(xiv)(II)) is amended—
			(1)by striking
			 or, in the case and all that follows through subparagraph
			 (G)(iv); and
			(2)by inserting at the end the following new
			 sentence: The preceding sentence shall not apply to any hospital with
			 respect to discharges occurring on or after October 1, 2008..
			3.Revision of the
			 Medicare hold harmless provision under the prospective payment system for
			 hospital outpatient department (HOPD) servicesSection 1833(t)(7)(D)(i) of the Social
			 Security Act (42
			 U.S.C. 1395l(t)(7)(D)(i)) is amended—
			(1)in subclause (II), by striking 85
			 percent and inserting 100 percent; and
			(2)by adding at the
			 end the following new subclause:

					(III)In the case of a sole community hospital
				(as defined in section 1886(d)(5)(D)(iii)), for covered OPD services furnished
				during 2008, for which the PPS amount is less than the pre-BBA amount, the
				amount of payment under this subsection shall be increased by the amount of
				such
				difference.
					.
			4.Improvement of
			 definition of low-volume hospital for purposes of the Medicare inpatient
			 hospital payment adjustmentSection 1886(d)(12)(C)(i) of the
			 Social Security Act (42 U.S.C.
			 1395ww(d)(12)(C)(i)) is amended by inserting (or, beginning with fiscal
			 year 2008, 2,000 discharges) after 800
			 discharges.
		5.Extension of
			 Medicare wage index reclassifications for certain hospitals
			(a)Extension of
			 correction of mid-year reclassification expiration for certain
			 hospitals
				(1)In
			 generalIn the case of a hospital described in paragraph (2),
			 effective September 30, 2007, the Secretary of Health and Human Services shall
			 apply subsection (a) of section 106 of division B of the Tax Relief and Health
			 Care Act of 2006 (42 U.S.C. 1395ww note) by substituting September 30,
			 2008 for September 30, 2007.
				(2)Hospital
			 describedA hospital described in this paragraph is a
			 hospital—
					(A)that is described
			 in subsection (a) of such section 106; and
					(B)(i)that is located in a
			 State with less than 10 people per square mile; or
						(ii)(I)that is located in a
			 rural area; and
							(II)for which the Secretary of Health
			 and Human Services has determined the extension under this subsection to be
			 appropriate.
							(b)Additional
			 ExtensionThe Secretary of Health and Human Services shall extend
			 the special exception reclassification of a sole community hospital located in
			 a State with less than 10 people per square mile (made under the authority of
			 section 1886(d)(5)(I)(i) of the Social Security
			 Act (42 U.S.C. 1395ww(d)(5)(I)(i)) and contained in the final rule
			 promulgated by the Secretary in the Federal Register on August 11, 2004 (69
			 Fed. Reg. 49107)) for 1 year through September 30, 2008.
			(c)Not budget
			 neutralThe provisions of this section shall not be effected in a
			 budget-neutral manner.
			6.Extension of
			 Medicare reasonable costs payments for certain clinical diagnostic laboratory
			 tests furnished to hospital patients in certain rural areasSection 416(b) of the Medicare Prescription
			 Drug, Improvement, and Modernization Act of 2003 (42 U.S.C. 1395l–4(b)), as
			 amended by section 105 of division B of the Tax Relief and Health Care Act of
			 2006 (42 U.S.C. 1395l note), is amended by striking 3-year and
			 inserting 5-year.
		7.Critical access
			 hospital improvements
			(a)Clarification
			 of payment for clinical laboratory tests furnished by critical access
			 hospitals
				(1)In
			 generalSection 1834(g)(4) of the
			 Social Security Act (42 U.S.C.
			 1395m(g)(4)) is amended—
					(A)in the heading,
			 by striking no beneficiary
			 cost-sharing for and inserting treatment of; and
					(B)by adding at the
			 end the following new sentence: “For purposes of the preceding sentence and
			 section 1861(mm)(3), clinical diagnostic laboratory services furnished by a
			 critical access hospital shall be treated as being furnished as part of
			 outpatient critical access services without regard to whether—

							(A)the individual
				with respect to whom such services are furnished is physically present in the
				critical access hospital at the time the specimen is collected;
							(B)such individual
				is registered as an outpatient on the records of, and receives such services
				directly from, the critical access hospital; or
							(C)payment is (or,
				but for this subsection, would be) available for such services under the fee
				schedule established under section
				1833(h).
							.
					(2)Effective
			 dateThe amendments made by paragraph (1) shall apply to cost
			 reporting periods beginning on or after the date of enactment of this
			 Act.
				(b)Elimination of
			 Isolation Test for cost-based ambulance reimbursement
				(1)In
			 generalSection 1834(l)(8) of the Social Security Act (42 U.S.C. 1395m(l)(8)) is
			 amended—
					(A)in subparagraph
			 (B)—
						(i)by
			 striking owned and; and
						(ii)by
			 inserting (including when such services are provided by the entity under
			 an arrangement with the hospital) after hospital;
			 and
						(B)by striking the
			 comma at the end of subparagraph (B) and all that follows and inserting a
			 period.
					(2)Effective
			 dateThe amendments made by this subsection shall apply to
			 services furnished on or after January 1, 2008.
				8.Capital
			 infrastructure revolving loan program
			(a)In
			 GeneralPart A of title XVI of the Public Health Service Act (42 U.S.C. 300q et
			 seq.) is amended by adding at the end the following new section:

					1603.Capital infrastructure revolving loan
		  program(a)Authority To Make and
				Guarantee Loans
							(1)Authority to
				make loansThe Secretary may make loans from the fund established
				under section 1602(d) to any rural entity for projects for capital
				improvements, including—
								(A)the acquisition
				of land necessary for the capital improvements;
								(B)the renovation or
				modernization of any building;
								(C)the acquisition
				or repair of fixed or major movable equipment; and
								(D)such other
				project expenses as the Secretary determines appropriate.
								(2)Authority to
				guarantee loans
								(A)In
				generalThe Secretary may guarantee the payment of principal and
				interest for loans made to rural entities for projects for any capital
				improvement described in paragraph (1) to any non-Federal lender.
								(B)Interest
				subsidiesIn the case of a guarantee of any loan made to a rural
				entity under subparagraph (A), the Secretary may pay to the holder of such
				loan, for and on behalf of the project for which the loan was made, amounts
				sufficient to reduce (by not more than 3 percent) the net effective interest
				rate otherwise payable on such loan.
								(b)Amount of
				LoanThe principal amount of a loan directly made or guaranteed
				under subsection (a) for a project for capital improvement may not exceed
				$5,000,000.
						(c)Funding
				Limitations
							(1)Government
				credit subsidy exposureThe total of the Government credit
				subsidy exposure under the Credit Reform Act of 1990 scoring protocol with
				respect to the loans outstanding at any time with respect to which guarantees
				have been issued, or which have been directly made, under subsection (a) may
				not exceed $50,000,000 per year.
							(2)Total
				amountsSubject to paragraph (1), the total of the principal
				amount of all loans directly made or guaranteed under subsection (a) may not
				exceed $250,000,000 per year.
							(d)Capital
				Assessment and Planning Grants
							(1)Nonrepayable
				grantsSubject to paragraph (2), the Secretary may make a grant
				to a rural entity, in an amount not to exceed $50,000, for purposes of capital
				assessment and business planning.
							(2)LimitationThe
				cumulative total of grants awarded under this subsection may not exceed
				$2,500,000 per year.
							(e)Termination of
				AuthorityThe Secretary may not directly make or guarantee any
				loan under subsection (a) or make a grant under subsection (d) after September
				30,
				2011.
						.
			(b)Rural Entity
			 DefinedSection 1624 of the Public
			 Health Service Act (42 U.S.C. 300s–3) is amended by adding at the
			 end the following new paragraph:

					(15)(A)The term rural
				entity includes—
							(i)a rural health clinic, as defined
				in section 1861(aa)(2) of the Social Security
				Act;
							(ii)any medical facility with at least
				1 bed, but with less than 50 beds, that is located in—
								(I)a county that is not part of a
				metropolitan statistical area; or
								(II)a rural census tract of a metropolitan
				statistical area (as determined under the most recent modification of the
				Goldsmith Modification, originally published in the Federal Register on
				February 27, 1992 (57 Fed. Reg. 6725));
								(iii)a hospital that is classified as
				a rural, regional, or national referral center under section 1886(d)(5)(C) of
				the Social Security Act; and
							(iv)a hospital that is a sole
				community hospital (as defined in section 1886(d)(5)(D)(iii) of the
				Social Security Act).
							(B)For purposes of subparagraph (A), the
				fact that a clinic, facility, or hospital has been geographically reclassified
				under the Medicare program under title XVIII of the
				Social Security Act shall not preclude
				a hospital from being considered a rural entity under clause (i) or (ii) of
				subparagraph
				(A).
						.
			(c)Conforming
			 AmendmentsSection 1602 of the Public Health Service Act (42 U.S.C. 300q–2) is
			 amended—
				(1)in subsection
			 (b)(2)(D), by inserting or 1603(a)(2)(B) after
			 1601(a)(2)(B); and
				(2)in subsection
			 (d)—
					(A)in paragraph
			 (1)(C), by striking section 1601(a)(2)(B) and inserting
			 sections 1601(a)(2)(B) and 1603(a)(2)(B); and
					(B)in paragraph
			 (2)(A), by inserting or 1603(a)(2)(B) after
			 1601(a)(2)(B).
					9.Extension of Medicare
			 incentive payment program for physician scarcity areasSection 1833(u)(1) of the Social Security
			 Act (42 U.S.C. 1395l(u)(1)) is amended by striking before January 1,
			 2008 and inserting before January 1, 2010.
		10.Extension of
			 floor on Medicare work geographic adjustmentSection 1848(e)(1)(E) of the Social Security
			 Act (42 U.S.C. 1395w–4(e)(1)(E)), as amended by section 102 of division B of
			 the Tax Relief and Health Care Act of 2006, is amended by striking
			 before January 1, 2008 and inserting before January 1,
			 2010.
		11.Improving care
			 planning for Medicare home health services
			(a)In
			 generalSection 1814(a)(2) of the Social Security Act (42 U.S.C.
			 1395f(a)(2)), in the matter preceding subparagraph (A), is amended—
				(1)by inserting
			 (as those terms are defined in section 1861(aa)(5)) after
			 clinical nurse specialist; and
				(2)by inserting
			 , or in the case of services described in subparagraph (C), a physician,
			 or a nurse practitioner or clinical nurse specialist who is working in
			 collaboration with a physician in accordance with State law, or a certified
			 nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a
			 physician assistant (as defined in section 1861(aa)(5)) under the supervision
			 of a physician after collaboration with a
			 physician.
				(b)Conforming
			 amendments(1)Section 1814(a) of the
			 Social Security Act (42 U.S.C. 1395f(a)) is amended—
					(A)in paragraph (2)(C), by inserting
			 , a nurse practitioner, a clinical nurse specialist, a certified
			 nurse-midwife, or a physician assistant (as the case may be) after
			 physician each place it appears;
					(B)in the second sentence, by striking
			 or clinical nurse specialist and inserting clinical nurse
			 specialist, certified nurse-midwife, or physician assistant;
					(C)in the third sentence—
						(i)by striking physician
			 certification and inserting certification;
						(ii)by inserting (or on January
			 1, 2008, in the case of regulations to implement the amendments made by section
			 2 of the Home Health Care Planning
			 Improvement Act of 2007) after 1981;
			 and
						(iii)by striking a physician
			 who and inserting a physician, nurse practitioner, clinical
			 nurse specialist, certified nurse-midwife, or physician assistant who;
			 and
						(D)in the fourth sentence, by inserting
			 , nurse practitioner, clinical nurse specialist, certified
			 nurse-midwife, or physician assistant after
			 physician.
					(2)Section 1835(a) of the Social
			 Security Act (42 U.S.C. 1395n(a)) is amended—
					(A)in paragraph (2)—
						(i)in the matter preceding
			 subparagraph (A), by inserting or, in the case of services described in
			 subparagraph (A), a physician, or a nurse practitioner or clinical nurse
			 specialist (as those terms are defined in 1861(aa)(5)) who is working in
			 collaboration with a physician in accordance with State law, or a certified
			 nurse-midwife (as defined in section 1861(gg)) as authorized by State law, or a
			 physician assistant (as defined in section 1861(aa)(5)) under the supervision
			 of a physician after a physician; and
						(ii)in each of clauses (ii) and (iii)
			 of subparagraph (A) by inserting , a nurse practitioner, a clinical
			 nurse specialist, a certified nurse-midwife, or a physician assistant (as the
			 case may be) after physician;
						(B)in the third sentence, by inserting
			 , nurse practitioner, clinical nurse specialist, certified
			 nurse-midwife, or physician assistant (as the case may be) after
			 physician;
					(C)in the fourth sentence—
						(i)by striking physician
			 certification and inserting certification;
						(ii)by inserting (or on January
			 1, 2008, in the case of regulations to implement the amendments made by section
			 2 of the Home Health Care Planning
			 Improvement Act of 2007) after 1981;
			 and
						(iii)by striking a physician
			 who and inserting a physician, nurse practitioner, clinical
			 nurse specialist, certified nurse-midwife, or physician assistant who;
			 and
						(D)in the fifth sentence, by inserting
			 , nurse practitioner, clinical nurse specialist, certified
			 nurse-midwife, or physician assistant after
			 physician.
					(3)Section 1861 of the Social Security
			 Act (42 U.S.C. 1395x) is amended—
					(A)in subsection (m)—
						(i)in the matter preceding paragraph
			 (1)—
							(I)by inserting a nurse practitioner
			 or a clinical nurse specialist (as those terms are defined in subsection
			 (aa)(5)), a certified nurse-midwife (as defined in section 1861(gg)), or a
			 physician assistant (as defined in subsection (aa)(5)) after
			 physician the first place it appears; and
							(II)by inserting a nurse
			 practitioner, a clinical nurse specialist, a certified nurse-midwife, or a
			 physician assistant after physician the second place it
			 appears; and
							(ii)in paragraph (3), by inserting
			 a nurse practitioner, a clinical nurse specialist, a certified
			 nurse-midwife, or a physician assistant after physician;
			 and
						(B)in subsection (o)(2)—
						(i)by inserting , nurse
			 practitioners or clinical nurse specialists (as those terms are defined in
			 subsection (aa)(5)), certified nurse-midwives (as defined in section 1861(gg)),
			 or physician assistants (as defined in subsection (aa)(5)) after
			 physicians; and
						(ii)by inserting , nurse
			 practitioner, clinical nurse specialist, certified nurse-midwife, physician
			 assistant, after physician.
						(4)Section 1895 of the Social Security
			 Act (42 U.S.C. 1395fff) is amended—
					(A)in subsection (c)(1), by inserting
			 , the nurse practitioner or clinical nurse specialist (as those terms
			 are defined in section 1861(aa)(5)), the certified nurse-midwife (as defined in
			 section 1861(gg)), or the physician assistant (as defined in section
			 1861(aa)(5)), after physician; and
					(B)in subsection (e)—
						(i)in paragraph (1)(A), by inserting
			 , a nurse practitioner or clinical nurse specialist (as those terms are
			 defined in section 1861(aa)(5)), a certified nurse-midwife (as defined in
			 section 1861(gg)), or a physician assistant (as defined in section
			 1861(aa)(5)) after physician; and
						(ii)in paragraph (2)—
							(I)in the heading, by striking
			 Physician
			 certification and inserting Rule of construction regarding requirement for
			 certification; and
							(II)by striking
			 physician.
							(c)Effective
			 DateThe amendments made by this section shall apply to items and
			 services furnished on or after January 1, 2008.
			12.Rural health
			 clinic improvementsSection
			 1833(f) of the Social Security Act (42
			 U.S.C. 1395l(f)) is amended—
			(1)in paragraph (1),
			 by striking , and at the end and inserting a semicolon;
			(2)in paragraph
			 (2)—
				(A)by inserting
			 (before 2008) after in a subsequent year;
			 and
				(B)by striking the
			 period at the end and inserting a semicolon; and
				(3)by adding at the
			 end the following new paragraphs:

					(3)in 2008, at $92
				per visit; and
					(4)in a subsequent
				year, at the limit established under this subsection for the previous year
				increased by the percentage increase in the MEI (as so defined) applicable to
				primary care services (as so defined) furnished as of the first day of that
				year.
					.
			13.Community
			 health center collaborative access expansionSection 330 of the
			 Public Health Service Act (42 U.S.C.
			 254b) is amended by adding at the end the following:

				(s)Miscellaneous
				Provisions
					(1)Rule of
				construction with respect to rural health clinics
						(A)In
				generalNothing in this section shall be construed to prevent a
				community health center from contracting with a federally certified rural
				health clinic (as defined by section 1861(aa)(2) of the
				Social Security Act) for the delivery
				of primary health care services that are available at the rural health clinic
				to individuals who would otherwise be eligible for free or reduced cost care if
				that individual were able to obtain that care at the community health center.
				Such services may be limited in scope to those primary health care services
				available in that rural health clinic.
						(B)AssurancesIn
				order for a rural health clinic to receive funds under this section through a
				contract with a community health center under paragraph (1), such rural health
				clinic shall establish policies to ensure—
							(i)nondiscrimination
				based upon the ability of a patient to pay; and
							(ii)the
				establishment of a sliding fee scale for low-income
				patients.
							.
		14.Application of the
			 temporary Medicare payment increase for home health services furnished in a
			 rural area to 2008Section 421
			 of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003
			 (42 U.S.C.
			 1395fff note), as amended by section 5201(b) of the Deficit
			 Reduction Act of 2005 (42 U.S.C. 1395fff note), is
			 amended—
			(1)in the section heading, by striking
			 One-year and inserting
			 Temporary; and
			(2)in subsection (a), by inserting and
			 episodes and visits ending on or after January 1, 2008, and before January 1,
			 2009, after January 1, 2007,.
			15.Extension of
			 increased Medicare payments for rural ground ambulance servicesSection 1834(l)(13) of the Social Security
			 Act (42 U.S.C. 1395m(l)(13)) is amended—
			(1)in subparagraph
			 (A), in the heading, by striking In general and inserting
			 For the second half of
			 2004 and for 2005 and 2006;
			(2)by redesignating
			 subparagraph (B) as subparagraph (C);
			(3)by inserting the
			 following after subparagraph (A):

					(B)For 2008 and
				2009 for rural areasAfter computing the rates with respect to
				ground ambulance services under the other applicable provisions of this
				subsection, in the case of such services furnished on or after January 1, 2008,
				and before January 1, 2010, for which the transportation originates in a rural
				area described in paragraph (9) or in a rural census tract described in such
				paragraph, the fee schedule established under this section shall provide that
				the rate for the service otherwise established, after application of any
				increase under paragraphs (11) and (12), shall be increased by 5
				percent.
					;
				and
			(4)in subparagraph
			 (C), as redesignated by paragraph (2)—
				(A)in the heading,
			 by striking Application
			 of increased payments after 2006 and inserting
			 No effect on subsequent
			 periods; and
				(B)by adding at the
			 end the following new sentence: The increased payments under
			 subparagraph (B) shall not be taken into account in calculating payments for
			 services furnished after the period specified in such
			 subparagraph..
				16.Coverage of
			 marriage and family therapist services and mental health counselor services
			 under part B of the Medicare program
			(a)Coverage of
			 Services
				(1)In
			 generalSection 1861(s)(2) of the Social Security Act (42 U.S.C. 1395x(s)(2)) is
			 amended—
					(A)in subparagraph
			 (Z), by striking and after the semicolon at the end;
					(B)in subparagraph
			 (AA), by inserting and after the semicolon at the end;
			 and
					(C)by adding at the
			 end the following new subparagraph:

							(BB)marriage and family therapist
				services (as defined in subsection (ccc)(1)) and mental health counselor
				services (as defined in subsection
				(ccc)(3));
							.
					(2)DefinitionsSection
			 1861 of the Social Security Act (42
			 U.S.C. 1395x) is amended by adding at the end the following new
			 subsection:

						(ccc)Marriage and Family Therapist Services; Marriage and Family
		  Therapist; Mental Health Counselor Services; Mental Health
		  Counselor(1)The term marriage
				and family therapist services means services performed by a marriage and
				family therapist (as defined in paragraph (2)) for the diagnosis and treatment
				of mental illnesses, which the marriage and family therapist is legally
				authorized to perform under State law (or the State regulatory mechanism
				provided by State law) of the State in which such services are performed, as
				would otherwise be covered if furnished by a physician or as an incident to a
				physician’s professional service, but only if no facility or other provider
				charges or is paid any amounts with respect to the furnishing of such
				services.
							(2)The term marriage and family
				therapist means an individual who—
								(A)possesses a master’s or doctoral
				degree which qualifies for licensure or certification as a marriage and family
				therapist pursuant to State law;
								(B)after obtaining such degree has
				performed at least 2 years of clinical supervised experience in marriage and
				family therapy; and
								(C)in the case of an individual
				performing services in a State that provides for licensure or certification of
				marriage and family therapists, is licensed or certified as a marriage and
				family therapist in such State.
								(3)The term mental health
				counselor services means services performed by a mental health counselor
				(as defined in paragraph (4)) for the diagnosis and treatment of mental
				illnesses which the mental health counselor is legally authorized to perform
				under State law (or the State regulatory mechanism provided by the State law)
				of the State in which such services are performed, as would otherwise be
				covered if furnished by a physician or as incident to a physician’s
				professional service, but only if no facility or other provider charges or is
				paid any amounts with respect to the furnishing of such services.
							(4)The term mental health
				counselor means an individual who—
								(A)possesses a master’s or doctor’s
				degree in mental health counseling or a related field;
								(B)after obtaining such a degree has
				performed at least 2 years of supervised mental health counselor practice;
				and
								(C)in the case of an individual
				performing services in a State that provides for licensure or certification of
				mental health counselors or professional counselors, is licensed or certified
				as a mental health counselor or professional counselor in such
				State.
								.
				(3)Provision for
			 payment under part BSection
			 1832(a)(2)(B) of the Social Security
			 Act (42 U.S.C. 1395k(a)(2)(B)) is amended by adding at the end the
			 following new clause:

						(v)marriage and
				family therapist services (as defined in section 1861(ccc)(1)) and mental
				health counselor services (as defined in section
				1861(ccc)(3));
						.
				(4)Amount of
			 paymentSection 1833(a)(1) of the Social Security Act (42 U.S.C. 1395l(a)(1)) is
			 amended—
					(A)by striking
			 and (V) and inserting (V); and
					(B)by inserting
			 before the semicolon at the end the following: , and (W) with respect to
			 marriage and family therapist services and mental health counselor services
			 under section 1861(s)(2)(BB), the amounts paid shall be 80 percent of the
			 lesser of the actual charge for the services or 75 percent of the amount
			 determined for payment of a psychologist under subparagraph (L).
					(5)Exclusion of
			 marriage and family therapist services and mental health counselor services
			 from skilled nursing facility prospective payment systemSection
			 1888(e)(2)(A)(ii) of the Social Security
			 Act (42 U.S.C. 1395yy(e)(2)(A)(ii)) is amended by inserting
			 marriage and family therapist services (as defined in section
			 1861(ccc)(1)), mental health counselor services (as defined in section
			 1861(ccc)(3)), after qualified psychologist
			 services,.
				(6)Inclusion of
			 marriage and family therapists and mental health counselors as practitioners
			 for assignment of claimsSection 1842(b)(18)(C) of the
			 Social Security Act (42 U.S.C.
			 1395u(b)(18)(C)) is amended by adding at the end the following new
			 clauses:

						(vii)A marriage and family therapist (as
				defined in section 1861(ccc)(2)).
						(viii)A mental health counselor (as
				defined in section
				1861(ccc)(4)).
						.
				(b)Coverage of
			 Certain Mental Health Services Provided in Certain Settings
				(1)Rural health
			 clinics and federally qualified health centersSection
			 1861(aa)(1)(B) of the Social Security
			 Act (42 U.S.C. 1395x(aa)(1)(B)) is amended by striking or by
			 a clinical social worker (as defined in subsection (hh)(1)) and
			 inserting , by a clinical social worker (as defined in subsection
			 (hh)(1)), by a marriage and family therapist (as defined in subsection
			 (ccc)(2)), or by a mental health counselor (as defined in subsection
			 (ccc)(4)).
				(2)Hospice
			 programsSection 1861(dd)(2)(B)(i)(III) of the
			 Social Security Act (42 U.S.C.
			 1395x(dd)(2)(B)(i)(III)) is amended by inserting or one marriage and
			 family therapist (as defined in subsection (ccc)(2)) after
			 social worker.
				(c)Authorization
			 of Marriage and Family Therapists To Develop Discharge Plans for Post-Hospital
			 ServicesSection 1861(ee)(2)(G) of the
			 Social Security Act (42 U.S.C.
			 1395x(ee)(2)(G)) is amended by inserting marriage and family therapist
			 (as defined in subsection (ccc)(2)), after social
			 worker,.
			(d)Effective
			 DateThe amendments made by this section shall apply with respect
			 to services furnished on or after January 1, 2008.
			17.Extension of
			 treatment of certain physician pathology services under MedicareSection 542(c) of the Medicare, Medicaid,
			 and SCHIP Benefits Improvement and Protection Act of 2000 (as enacted into law
			 by section 1(a)(6) of Public Law 106–554), as amended by section 732 of the
			 Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (42
			 U.S.C. 1395w–4 note) and section 104 of division B of the Tax Relief and Health
			 Care Act of 2006 (42 U.S.C. 1395w–4 note), is amended by striking and
			 2007 and inserting 2007, 2008, and 2009.
		18.Medicare remote
			 monitoring pilot projects
			(a)Pilot
			 projects
				(1)In
			 generalNot later than 9
			 months after the date of enactment of this Act, the Secretary of Health and
			 Human Services (in this section referred to as the Secretary)
			 shall conduct pilot projects under title XVIII of the Social Security Act for
			 the purpose of providing incentives to home health agencies to utilize home
			 monitoring and communications technologies that—
					(A)enhance health
			 outcomes for Medicare beneficiaries; and
					(B)reduce
			 expenditures under such title.
					(2)Site
			 requirements
					(A)Urban and
			 RuralThe Secretary shall conduct the pilot projects under this
			 section in both urban and rural areas.
					(B)Site in a small
			 stateThe Secretary shall conduct at least 3 of the pilot
			 projects in a State with a population of less than 1,000,000.
					(3)Definition of
			 home health agencyIn this section, the term home health
			 agency has the meaning given that term in section 1861(o) of the Social
			 Security Act (42 U.S.C. 1395x(o)).
				(b)Medicare
			 beneficiaries within the scope of projectsThe Secretary shall
			 specify the criteria for identifying those Medicare beneficiaries who shall be
			 considered within the scope of the pilot projects under this section for
			 purposes of the application of subsection (c) and for the assessment of the
			 effectiveness of the home health agency in achieving the objectives of this
			 section. Such criteria may provide for the inclusion in the projects of
			 Medicare beneficiaries who begin receiving home health services under title
			 XVIII of the Social Security Act after the date of the implementation of the
			 projects.
			(c)Incentives
				(1)Performance
			 targetsThe Secretary shall establish for each home health agency
			 participating in a pilot project under this section a performance target using
			 one of the following methodologies, as determined appropriate by the
			 Secretary:
					(A)Adjusted
			 historical performance targetThe Secretary shall establish for
			 the agency—
						(i)a
			 base expenditure amount equal to the average total payments made to the agency
			 under parts A and B of title XVIII of the Social Security Act for Medicare
			 beneficiaries determined to be within the scope of the pilot project in a base
			 period determined by the Secretary; and
						(ii)an
			 annual per capita expenditure target for such beneficiaries, reflecting the
			 base expenditure amount adjusted for risk and adjusted growth rates.
						(B)Comparative
			 performance targetThe Secretary shall establish for the agency a
			 comparative performance target equal to the average total payments under such
			 parts A and B during the pilot project for comparable individuals in the same
			 geographic area that are not determined to be within the scope of the pilot
			 project.
					(2)IncentiveSubject
			 to paragraph (3), the Secretary shall pay to each participating home care
			 agency an incentive payment for each year under the pilot project equal to a
			 portion of the Medicare savings realized for such year relative to the
			 performance target under paragraph (1).
				(3)Limitation on
			 expendituresThe Secretary shall limit incentive payments under
			 this section in order to ensure that the aggregate expenditures under title
			 XVIII of the Social Security Act (including incentive payments under this
			 subsection) do not exceed the amount that the Secretary estimates would have
			 been expended if the pilot projects under this section had not been
			 implemented.
				(d)Waiver
			 authorityThe Secretary may waive such provisions of titles XI
			 and XVIII of the Social Security Act as the Secretary determines to be
			 appropriate for the conduct of the pilot projects under this section.
			(e)Report to
			 CongressNot later than 5 years after the date that the first
			 pilot project under this section is implemented, the Secretary shall submit to
			 Congress a report on the pilot projects. Such report shall contain a detailed
			 description of issues related to the expansion of the projects under subsection
			 (f) and recommendations for such legislation and administrative actions as the
			 Secretary considers appropriate.
			(f)ExpansionIf
			 the Secretary determines that any of the pilot projects under this section
			 enhance health outcomes for Medicare beneficiaries and reduce expenditures
			 under title XVIII of the Social Security Act, the Secretary may initiate
			 comparable projects in additional areas.
			(g)Incentive
			 payments have no effect on other Medicare payments to agenciesAn
			 incentive payment under this section—
				(1)shall be in
			 addition to the payments that a home health agency would otherwise receive
			 under title XVIII of the Social Security Act for the provision of home health
			 services; and
				(2)shall have no
			 effect on the amount of such payments.
				19.Facilitating
			 the provision of telehealth services across State lines
			(a)In
			 generalFor purposes of expediting the provision of telehealth
			 services, for which payment is made under the Medicare program, across State
			 lines, the Secretary of Health and Human Services shall, in consultation with
			 representatives of States, physicians, health care practitioners, and patient
			 advocates, encourage and facilitate the adoption of provisions allowing for
			 multistate practitioner practice across State lines.
			(b)DefinitionsIn
			 subsection (a):
				(1)Telehealth
			 serviceThe term telehealth service has the meaning
			 given that term in subparagraph (F) of section 1834(m)(4) of the
			 Social Security Act (42 U.S.C.
			 1395m(m)(4)).
				(2)Physician,
			 practitionerThe terms physician and
			 practitioner have the meaning given those terms in subparagraphs
			 (D) and (E), respectively, of such section.
				(3)Medicare
			 programThe term Medicare program means the
			 program of health insurance administered by the Secretary of Health and Human
			 Services under title XVIII of the Social Security
			 Act (42 U.S.C. 1395 et seq.).


		I
		111th CONGRESS
		1st Session
		H. R. 3613
		IN THE HOUSE OF REPRESENTATIVES

			September 22, 2009
			Mr. Neugebauer
			 introduced the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To amend the Ethics in Government Act of 1978 to modify
		  financial disclosure filing requirements for certain employees of the Executive
		  Office of the President.

		1.Short titleThis Act may be cited as the
			 Transparency and Executive Accountability
			 Act.
		2.Modification of
			 financial disclosure report filing requirementsSection 103 of the Ethics in Government Act
			 of 1978 (5 U.S.C. App.) is amended by adding at the end the following:

				(l)In the case of an individual who is subject
				to the reporting requirements of this title by virtue of a past, current, or
				future appointment to a position in the Executive Office of the President, the
				first sentence of subsection (a) shall be applied by substituting the
				Director of the Office of Government Ethics for the matter following
				shall be filed by the reporting individual with.
				.
		3.Effective
			 dateThe amendment made by
			 section 2 shall apply with respect to any report, the last date for the filing
			 of which occurs on or after the 60th day following the date of the enactment of
			 this Act, determined disregarding—
			(1)any extension of
			 time for the filing of a report; and
			(2)any supplemental
			 report or update.


110 HR 1649 IH: To prohibit the closure or relocation of any county

U.S. House of Representatives
2007-03-22
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		I
		110th CONGRESS
		1st Session
		H. R. 1649
		IN THE HOUSE OF REPRESENTATIVES

			March 22, 2007
			Ms. Herseth
			 introduced the following bill; which was referred to the
			 Committee on
			 Agriculture

		A BILL
		To prohibit the closure or relocation of any county
		  office of the Farm Service Agency until at least one year after the enactment
		  of an Act to provide for the continuation of agricultural programs for fiscal
		  years after 2007.

		1.Prohibition on closure or
			 relocation of Farm Service Agency county officesThe Secretary of Agriculture may not close
			 or relocate any county or field office of the Farm Service Agency until at
			 least one year after the date of the enactment of an omnibus law to provide for
			 the continuation of agricultural programs for fiscal years after 2007.


114 SRES 155 ATS: Establishing May 2, 2015, as a Day of Recognition for Ebola Orphans to express support for the children and families affected by the 2014 Ebola outbreak in West Africa by promoting awareness of the children of West Africa who have been orphaned by the 2014 Ebola epidemic, celebrating those who have recognized and are working to fulfill the needs of those children, and encouraging the people of the United States to continue to support the people of West Africa.
U.S. Senate
2015-04-29
text/xml
EN
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		III
		114th CONGRESS
		1st Session
		S. RES. 155
		IN THE SENATE OF THE UNITED STATES

			April 29, 2015
			Mr. Inhofe (for himself and Ms. Klobuchar) submitted the following resolution; which was referred to the Committee on the Judiciary

		May 5, 2015Committee discharged; considered and agreed toRESOLUTION
		Establishing May 2, 2015, as a Day of Recognition for Ebola Orphans to express support for the
			 children and
			 families affected by the 2014 Ebola outbreak in West Africa by promoting
			 awareness of the children of West Africa who have been orphaned by the
			 2014 Ebola epidemic, celebrating those who have recognized and are working
			 to fulfill the needs of those children, and encouraging the people of the
			 United States to continue to support the people of West Africa.

 Whereas the 2014 Ebola outbreak in West Africa reached epidemic proportions; Whereas the World Health Organization reports that there have been over 14,800 laboratory-confirmed cases of Ebola in Guinea, Liberia, and Sierra Leone as of April 19, 2015;
 Whereas the World Health Organization reports that there have been over 10,800 deaths from Ebola in Guinea, Liberia, and Sierra Leone as of April 19, 2015;
 Whereas the United Nations Children's Fund (UNICEF) estimates that as of February 2015, nearly 11,000 children in West Africa have lost 1 or both parents due to the 2014 Ebola outbreak;
 Whereas some families reject Ebola orphans out of fear of the disease; Whereas the United States authorized $750,000,000 to support up to 3,000 United States troops in Monrovia, Liberia, to respond to the Ebola crisis; and
 Whereas United States citizens have given time and resources to assist the people of West Africa, including Ebola orphans: Now, therefore, be it

 That the Senate— (1)recognizes May 2, 2015, as a Day of Recognition for Ebola Orphans, to promote awareness of the children of West Africa orphaned by the 2014 Ebola outbreak;
 (2)supports the goals and work of those who are addressing the developing Ebola orphan crisis in West Africa; and
 (3)encourages the people of the United States to consider the needs of the children of West Africa who were orphaned by the 2014 Ebola epidemic.


		II
		111th CONGRESS
		2d Session
		S. 2938
		IN THE SENATE OF THE UNITED
		  STATES

			January 20, 2010
			Mr. Thune (for himself,
			 Mr. Vitter, Mr.
			 Inhofe, Mr. Johanns,
			 Mrs. Hutchison, Mr. Brownback, Mr.
			 LeMieux, Mr. Burr,
			 Mr. Enzi, Mr.
			 Coburn, Mr. Barrasso,
			 Mr. Bennett, Ms. Snowe, Mr.
			 Grassley, Mr. Ensign,
			 Mr. Crapo, Mr.
			 Wicker, Mr. Bunning,
			 Mr. Graham, and Mr. Cornyn) introduced the following bill; which was
			 read twice and referred to the Committee
			 on Banking, Housing, and Urban Affairs

		A BILL
		To terminate authority under the Troubled
		  Asset Relief Program, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Erasing our National Debt Through
			 Accountability and Responsibility Plan Act of
			 2010.
		2.Repeal of the Troubled Asset Relief
			 Program
			(a)In generalNotwithstanding any other provision of law,
			 the authorities provided under section 101(a) of the Emergency Economic
			 Stabilization Act of 2008 (excluding section 101(a)(3)) and under section 102
			 of such Act shall terminate as of the date of enactment of this Act.
			(b)Lowering of national debt limit To
			 correspond to TARP repaymentsSection 3101 of title 31, United States
			 Code, is amended—
				(1)in subsection (b), by inserting after the
			 dollar limitation contained in such subsection the following: , as such
			 amount is reduced by the amount described under subsection (d);
			 and
				(2)by adding at the end the following new
			 subsection:

						(d)The amount described under this subsection
				is the amount that equals the amount of all assistance received under title I
				of the Emergency Economic Stabilization Act of 2008 that is repaid on or after
				the date of enactment of this subsection, along with any dividends, profits, or
				other funds paid to the Government based on such assistance on or after the
				date of enactment of this
				subsection.
						.


		I
		112th CONGRESS
		1st Session
		H. R. 178
		IN THE HOUSE OF REPRESENTATIVES

			January 5, 2011
			Mr. Wilson of South
			 Carolina introduced the following bill; which was referred to the
			 Committee on Armed
			 Services

		A BILL
		To amend title 10, United States Code, to repeal the
		  requirement for reduction of survivor annuities under the Survivor Benefit Plan
		  for military surviving spouses to offset the receipt of veterans dependency and
		  indemnity compensation.

		1.Short titleThis Act may be cited as the
			 Military Surviving Spouses Equity
			 Act.
		2.Repeal of
			 requirement of reduction of SBP survivor annuities by dependency and indemnity
			 compensation
			(a)Repeal
				(1)RepealSubchapter
			 II of chapter 73 of title 10, United States Code, is amended as follows:
					(A)In section 1450,
			 by striking subsection (c).
					(B)In section
			 1451(c)—
						(i)by
			 striking paragraph (2); and
						(ii)by
			 redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
			 respectively.
						(2)Conforming
			 amendmentsSuch subchapter is further amended as follows:
					(A)In section
			 1450—
						(i)by
			 striking subsection (e); and
						(ii)by
			 striking subsection (k).
						(B)In section
			 1451(g)(1), by striking subparagraph (C).
					(C)In section
			 1452—
						(i)in
			 subsection (f)(2), by striking does not apply— and all that
			 follows and inserting does not apply in the case of a deduction made
			 through administrative error.; and
						(ii)by
			 striking subsection (g).
						(D)In section
			 1455(c), by striking , 1450(k)(2),.
					(b)Prohibition on
			 Retroactive BenefitsNo benefits may be paid to any person for
			 any period before the effective date provided under subsection (f) by reason of
			 the amendments made by subsection (a).
			(c)Prohibition on
			 recoupment of certain amounts previously refunded to SBP
			 recipientsA surviving spouse who is or has been in receipt of an
			 annuity under the Survivor Benefit Plan under subchapter II of chapter 73 of
			 title 10, United States Code, that is in effect before the effective date
			 provided under subsection (f) and that is adjusted by reason of the amendments
			 made by subsection (a) and who has received a refund of retired pay under
			 section 1450(e) of title 10, United States Code, shall not be required to repay
			 such refund to the United States.
			(d)Repeal of
			 authority for optional annuity for dependent childrenSection
			 1448(d)(2) of such title is amended—
				(1)by striking
			 Dependent
			 children.— and all that follows through In the
			 case of a member described in paragraph (1), and inserting
			 Dependent
			 children.—In the case of a member described in paragraph
			 (1),; and
				(2)by striking
			 subparagraph (B).
				(e)Restoration of
			 eligibility for previously eligible spousesThe Secretary of the
			 military department concerned shall restore annuity eligibility to any eligible
			 surviving spouse who, in consultation with the Secretary, previously elected to
			 transfer payment of such annuity to a surviving child or children under the
			 provisions of section 1448(d)(2)(B) of title 10, United States Code, as in
			 effect on the day before the effective date provided under subsection (f). Such
			 eligibility shall be restored whether or not payment to such child or children
			 subsequently was terminated due to loss of dependent status or death. For the
			 purposes of this subsection, an eligible spouse includes a spouse who was
			 previously eligible for payment of such annuity and is not remarried, or
			 remarried after having attained age 55, or whose second or subsequent marriage
			 has been terminated by death, divorce or annulment.
			(f)Effective
			 DateThis section and the
			 amendments made by this section shall take effect on the later of—
				(1)October 1, 2011;
			 or
				(2)the first day of
			 the first month that begins after the date of the enactment of this Act;


115 S2816 IS: To clarify that funding for the Securities Investor Protection Corporation is not subject to the sequester.
U.S. Senate
2018-05-10
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II115th CONGRESS2d SessionS. 2816IN THE SENATE OF THE UNITED STATESMay 10, 2018Mr. Enzi introduced the following bill; which was read twice and referred to the Committee on the BudgetA BILLTo clarify that funding for the Securities Investor Protection Corporation is not subject to the
			 sequester.

 1.ClarificationSection 251A of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901a) does not apply with respect to the funding of the Securities Investor Protection Corporation.


110 HR 2834 IH: To amend the Internal Revenue Code of 1986 to treat

U.S. House of Representatives
2007-06-22
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		I
		110th CONGRESS
		1st Session
		H. R. 2834
		IN THE HOUSE OF REPRESENTATIVES

			June 22, 2007
			Mr. Levin (for
			 himself, Mr. Rangel,
			 Mr. Stark,
			 Mr. McDermott,
			 Mr. Lewis of Georgia,
			 Mr. Neal of Massachusetts,
			 Mr. Pomeroy,
			 Mrs. Jones of Ohio,
			 Mr. Larson of Connecticut,
			 Mr. Blumenauer,
			 Mr. Kind, Mr. Pascrell, and Mr. Frank of Massachusetts) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to treat
		  income received by partners for performing investment management services as
		  ordinary income received for the performance of services.

		1.Income of partners for
			 performing investment management services treated as ordinary income received
			 for performance of services
			(a)In
			 generalPart I of subchapter K of chapter 1 of the Internal
			 Revenue Code of 1986 (relating to determination of tax liability) is amended by
			 adding at the end the following new section:

					710.Special rules
				for partners providing investment management services to partnership
						(a)Treatment of
				distributive share of partnership itemsFor purposes of this title, in the case of
				an investment services partnership interest—
							(1)In
				generalNotwithstanding section 702(b)—
								(A)any net income
				with respect to such interest for any partnership taxable year shall be treated
				as ordinary income for the performance of services, and
								(B)any net loss with
				respect to such interest for such year, to the extent not disallowed under
				paragraph (2) for such year, shall be treated as an ordinary loss.
								(2)Treatment of
				losses
								(A)LimitationAny
				net loss with respect to such interest shall be allowed for any partnership
				taxable year only to the extent that such loss does not exceed the excess (if
				any) of—
									(i)the aggregate net
				income with respect to such interest for all prior partnership taxable years,
				over
									(ii)the aggregate net
				loss with respect to such interest not disallowed under this subparagraph for
				all prior partnership taxable years.
									(B)CarryforwardAny
				net loss for any partnership taxable year which is not allowed by reason of
				subparagraph (A) shall be treated as an item of loss with respect to such
				partnership interest for the succeeding partnership taxable year.
								(C)Basis
				adjustmentNo adjustment to the basis of a partnership interest
				shall be made on account of any net loss which is not allowed by reason of
				subparagraph (A).
								(D)Prior
				partnership yearsAny reference in this paragraph to prior
				partnership taxable years shall only include prior partnership taxable years to
				which this section applies.
								(3)Net income and
				lossFor purposes of this section—
								(A)Net
				incomeThe term net income means, with respect to
				any investment services partnership interest, for any partnership taxable year,
				the excess (if any) of—
									(i)all items of
				income and gain taken into account by the holder of such interest under section
				702 with respect to such interest for such year, over
									(ii)all items of
				deduction and loss so taken into account.
									(B)Net
				lossThe term net loss means with respect to such
				interest for such year, the excess (if any) of the amount described in
				subparagraph (A)(ii) over the amount described in subparagraph (A)(i).
								(b)Dispositions of
				partnership interests
							(1)GainAny
				gain on the disposition of an investment services partnership interest shall be
				treated as ordinary income for the performance of services.
							(2)LossAny
				loss on the disposition of an investment services partnership interest shall be
				treated as an ordinary loss to the extent of the excess (if any) of—
								(A)the aggregate net
				income with respect to such interest for all partnership taxable years, over
								(B)the aggregate net
				loss with respect to such interest allowed under subsection (a)(2) for all
				partnership taxable years.
								(3)Disposition of
				portion of interestIn the case of any disposition of an
				investment services partnership interest, the amount of net loss which
				otherwise would have (but for subsection (a)(2)(C)) applied to reduce the basis
				of such interest shall be disregarded for purposes of this section for all
				succeeding partnership taxable years.
							(4)Distributions of
				partnership propertyIn the case of any distribution of
				appreciated property by a partnership with respect to any investment services
				partnership interest, gain shall be recognized by the partnership in the same
				manner as if the partnership sold such property at fair market value at the
				time of the distribution. For purposes of this paragraph, the term
				appreciated property means any property with respect to which gain
				would be determined if sold as described in the preceding sentence.
							(c)Investment
				services partnership interestFor purposes of this section—
							(1)In
				generalThe term
				investment services partnership interest means any interest in a
				partnership which is held by any person if such person provides (directly or
				indirectly), in the active conduct of a trade or business, a substantial
				quantity of any of the following services to the partnership:
								(A)Advising the partnership as to the value of
				any specified asset.
								(B)Advising the
				partnership as to the advisability of investing in, purchasing, or selling any
				specified asset.
								(C)Managing,
				acquiring, or disposing of any specified asset.
								(D)Arranging
				financing with respect to acquiring specified assets.
								(E)Any activity in
				support of any service described in subparagraphs (A) through (D).
								For
				purposes of this paragraph, the term specified asset means
				securities (as defined in section 475(c)(2) without regard to the last sentence
				thereof), real estate, commodities (as defined in section 475(e)(2))), or
				options or derivative contracts with respect to securities (as so defined),
				real estate, or commodities (as so defined).(2)Exception for
				certain capital interests
								(A)In
				generalIf—
									(i)a portion of an
				investment services partnership interest is acquired on account of a
				contribution of invested capital, and
									(ii)the partnership
				makes a reasonable allocation of partnership items between the portion of the
				distributive share that is with respect to invested capital and the portion of
				such distributive share that is not with respect to invested capital,
									then
				subsection (a) shall not apply to the portion of the distributive share that is
				with respect to invested capital. An allocation will not be treated as
				reasonable for purposes of this subparagraph if such allocation would result in
				the partnership allocating a greater portion of income to invested capital than
				any other partner not providing services would have been allocated with respect
				to the same amount of invested capital.(B)Special rule for
				dispositionsIn any case to
				which subparagraph (A) applies, subsection (b) shall not apply to any gain or
				loss allocable to invested capital. The portion of any gain or loss
				attributable to invested capital is the proportion of such gain or loss which
				is based on the distributive share of gain or loss that would have been
				allocable to invested capital under subparagraph (A) if the partnership sold
				all of its assets immediately before the disposition.
								(C)Invested
				capitalFor purposes of this paragraph, the term invested
				capital means, the fair market value at the time of contribution of, any
				money or other property contributed to the
				partnership.
								.
			(b)Application to
			 real estate investment trustsSubsection (c) of section 856 of
			 such Code is amended by adding at the end the following new paragraph:

					(8)Exception from
				recharacterization of income from investment services partnership
				interestsParagraphs (2),
				(3), and (4) shall be applied without regard to section 710 (relating to
				special rules for partners providing investment management services to
				partnership).
					.
			(c)Conforming
			 amendments
				(1)Subsection (d) of
			 section 731 of such Code is amended by inserting section 710(b)(4)
			 (relating to distributions of partnership property), before
			 section 736.
				(2)Section 741 of such
			 Code is amended by inserting or section 710 (relating to special rules
			 for partners providing investment management services to partnership)
			 before the period at the end.
				(3)Paragraph (13) of
			 section 1402(a) of such Code is amended—
					(A)by striking
			 other than guaranteed and inserting

							other than—(A)guaranteed
							,
					(B)by striking the
			 semi-colon at the end and inserting , and, and
					(C)by adding at the
			 end the following new subparagraph:

							(B)any income treated
				as ordinary income under section 710 received by an individual who provides a
				substantial quantity of the services described in section
				710(c)(1);
							.
					(4)Paragraph (12) of
			 section 211(a) of the Social Security Act is amended—
					(A)by striking
			 other than guaranteed and inserting

							other than—(A)guaranteed
							,
					(B)by striking the
			 semi-colon at the end and inserting , and, and
					(C)by adding at the
			 end the following new subparagraph:

							(B)any income treated
				as ordinary income under section 710 of the Internal Revenue Code of 1986
				received by an individual who provides a substantial quantity of the services
				described in section 710(c)(1) of such
				Code;
							.
					(5)The table of sections for part I of
			 subchapter K of chapter 1 of such Code is amended by adding at the end the
			 following new item:

							Sec. 710. Special rules for partners providing investment
				management services to
				partnership.

						.


113 HR 1141 IH: Federal Firefighter Flexibility and Fairness Act
U.S. House of Representatives
2013-03-13
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. 1141
		IN THE HOUSE OF REPRESENTATIVES

			March 13, 2013
			Mr. Sarbanes (for
			 himself, Mr. Wittman,
			 Ms. Norton,
			 Mr. Grijalva, and
			 Mr. Brady of Pennsylvania) introduced
			 the following bill; which was referred to the
			 Committee on Oversight and Government
			 Reform

		A BILL
		To amend section 5542 of title 5, United States Code, to
		  provide that any hours worked by Federal firefighters under a qualified
		  trade-of-time arrangement shall be excluded for purposes of determinations
		  relating to overtime pay.

		1.Short titleThis Act may be cited as the
			 Federal Firefighter Flexibility and
			 Fairness Act.
		2.Treatment of hours
			 worked under a qualified trade-of-time arrangementSection
			 5542 of title 5, United States Code, is amended by adding at the end the
			 following:

				(g)(1)Notwithstanding any
				other provision of this section, any hours worked by a firefighter under a
				qualified trade-of-time arrangement shall be disregarded for purposes of any
				determination relating to eligibility for, or the amount of, any overtime pay
				under this section.
					(2)For purposes of this section—
						(A)the term qualified trade-of-time
				arrangement means an arrangement under which 2 firefighters who are
				employed by the same agency agree, solely at their option and with the approval
				of their employing agency, to substitute for one another during scheduled work
				hours in the performance of work in the same capacity; and
						(B)the term firefighter
				means a firefighter as defined by section 8331(21) or
				8401(14).
						.


115 HR 6565 IH: Emerging Business Encouragement 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. 6565IN THE HOUSE OF REPRESENTATIVESJuly 26, 2018Mr. Carson of Indiana introduced the following bill; which was referred to the Committee on Small BusinessA BILLTo amend the Small Business Act to provide for contracting preferences and other benefits for
			 emerging business enterprises, and for other purposes.

 1.Short titleThis Act may be cited as the Emerging Business Encouragement Act of 2018. 2.Emerging Business Enterprises (a)DesignationSection 3 of the Small Business Act (15 U.S.C. 632) is amended by adding at the end the following:

					(dd)Emerging Business Enterprises
 (1)In generalNot later than the date that is one year after the date of enactment of this paragraph, for each industry category for which the Administrator established a size standard under this subsection, the Administrator shall by rule establish procedures for designating a small business concern in that industry category as an emerging business enterprise. Such procedures shall include the criteria under paragraph (2), and a process for appealing decisions of the Administrator on designations. Such a designation shall expire on the date that the small business concern is no longer in compliance with such criteria, except that—
 (A)in the case of an emerging business enterprise that receives a designation as such but which existed as a business entity prior to such designation, the designation shall not expire by reason of the emerging business enterprise being more than 5 years old; instead, the designation shall expire on the date that is 5 years after the date of the designation; and
 (B)if the emerging business enterprise exceeds the size limitation described in the criterion under paragraph (2)(A) following designation as an emerging business enterprise, the designation shall expire only if the size is 50 percent or more of the maximum size of a small business concern within that industry category.
							The rulemaking under this paragraph shall include a procedure for self-certification as an emerging
			 business enterprise, for annual submission of documentation establishing
			 eligibility for designation as an emerging business enterprise, and for
			 periodic audits by the Administrator, or by State or local entities
			 designated by the Administrator, of emerging business enterprises based on
 such documentation.(2)Criteria for designationThe Administrator shall establish criteria for designation of an emerging business enterprise, which shall include the following:
 (A)Number of employeesThat the small business concern employs, in the Administrator’s determination a number of employees that is less than the larger of—
 (i)not more than 10 percent of the number of employees that a small business concern within that industry category may employ, if that small business concern is so classified by reason of a size standard under section 3(a) pertaining to the number of employees of the concern; or
 (ii)25 employees. (B)Age of businessThat the small business concern is not more than 5 years old, beginning on the date on which the business was first registered.
 (C)Salary requirementsThat the small business concern does not, in the Administrator’s determination, pay to an individual who owns any part of the concern or who is in a management position a salary greater than 200 percent of the mean annual salary for Managers of Companies and Enterprises or the equivalent from the most recent Employment and Wage Estimates developed by the Secretary of Labor.
 (3)Public notificationThe Administrator shall take appropriate action to publicize the establishment of the procedures for designations under this paragraph, including by conducting outreach to eligible small business concerns.
 (4)Contractor trainingThe Administrator shall provide for training regarding Federal procurement on an Internet Web site of the Administrator, which shall be available to the public at no charge..
 (b)Contracting preferenceSection 15(g)(2) of the Small Business Act (15 U.S.C. (g)(2)) is amended by adding at the end the following:

					(G)Emerging Business Enterprises
 (i)In generalThe head of each Federal agency shall, after consultation with the Administrator, establish goals for participation by emerging business enterprises designated under section 3(a)(6) in not less than 3 percent of all contracts, including prime contracts and subcontracts, for each fiscal year. The head of the agency may give preference in making contract awards to such emerging business enterprises and shall make consistent efforts to annually expand participation by emerging business enterprises from each industry category in procurement contracts of the agency.
						(ii)Reports
 (I)Reports from agenciesAt the conclusion of each fiscal year, the head of each Federal agency shall report to the Administrator on the extent of participation by emerging business enterprises in procurement contracts of such agency. Such reports shall contain appropriate justifications for failure to meet the goals established under this subparagraph.
 (II)Reports to CongressThe Administrator shall annually compile and analyze the reports submitted by the individual agencies pursuant to subclause (I) and shall submit to the President and the Committee on Small Business and Entrepreneurship of the Senate and the Committee on Small Business of the House of Representatives the compilation and analysis, which shall include the following:
 (aa)The goals in effect for each agency and the agency's performance in attaining such goals. (bb)An analysis of any failure to achieve individual agency goals and the actions planned by such agency (and approved by the Administrator) to achieve the goals in the succeeding fiscal year.
 (cc)The total number and dollar value of prime contracts and subcontracts awarded to emerging business enterprises.
 (III)Annual Presidential report on the state of small businessThe President shall include the information required by subclause (II) in each annual report to the Congress on the state of small business prepared pursuant to section 303(a) of the Small Business Economic Policy Act of 1980 (15 U.S.C. 631b(a))..
 (c)Fee waiversSection 7(a) of the Small Business Act (15 U.S.C. 636(a)) is amended by adding at the end the following:

 (35)Fee waiversIn the case of any loan under this section to an emerging business enterprise, the Administrator may waive the collection of any fee associated with the origination or guarantee of such a loan, unless—
 (A)in the case of a fiscal year, the President’s budget for the upcoming fiscal year, submitted to Congress pursuant to section 1105(a) of title 31, United States Code, includes a cost for the program established under this subsection that is above zero; and
 (B)no adverse effect on the waivers provided under paragraph (31)(G) or (33)(E)(ii). (36)Emerging business enterprises (A)ReportsOn the date that is one year after the end of the first fiscal year for which a loan is first guaranteed under this subsection, and annually thereafter, each lender making a loan guaranteed under this section shall report to the Administrator the total number of loans made under such section during the preceding fiscal year, the total amount loaned, and the number of waivers under paragraph (35) provided.
 (B)VerificationA lender making a loan guaranteed under this section shall verify the status of a business concern as an emerging business enterprise before issuing a loan. The Administrator shall ensure that applications submitted under this section are required to include sufficient documentation to ensure that a lender can verify such status.
 (C)SanctionIf a business concern has received a loan under this subsection and that business concern has fraudulently misrepresented its status as an emerging business enterprise, that business concern shall repay the amount of the loan to the lender (from which amount the lender shall repay the amount of any guarantee paid on the loan), and shall in addition pay a fine in an amount determined by the Administrator..
 3.Self-CertificationNot later than 180 days after the date of enactment of this Act, the Administrator shall by rule establish a process for initial self-certification of emerging business enterprises for purposes of participation in Federal contracts, and eligibility for Express Loans under section 7(a)(31)(G) of the Small Business Act or other loans under section 7(a) of such Act.


116 S1377 IS: Ensuring Quality Access to Legal Defense Act of 2019
U.S. Senate
2019-05-08
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. 1377IN THE SENATE OF THE UNITED STATESMay 8, 2019Ms. Harris introduced the following bill; which was read twice and referred to the Committee on the JudiciaryA BILLTo incentivize States and localities to improve access to justice, and for other purposes.1.Short titleThis Act may be cited as the Ensuring Quality Access to Legal Defense Act of 2019 or the EQUAL Defense Act of 2019.2.PurposeThe purpose of this Act is—(1)to protect the rights of defendants in criminal cases to due process and a fair trial under the Fifth, Sixth, and Fourteenth Amendments to the Constitution of the United States, including the right to counsel in State criminal trials, as articulated by the United States Supreme Court in Gideon v. Wainwright, 372 U.S. 335 (1963);(2)to collect data related to public defense in order to facilitate the development of evidence-based workload limits, and for other purposes; and(3)to ensure that public defender compensation reflects the constitutional imperative of the work and adequately incentivizes attorneys at all levels to pursue a career in public defense.3.DefinitionsIn this Act, except as otherwise provided in section 6:(1)Applicable courtThe term applicable court, with respect to an eligible entity that is—(A)a State or unit of local government, means—(i)a court of the eligible entity; and(ii)a court of a unit of local government within the eligible entity; and(B)a Tribal organization, means a court of the Indian Tribe.(2)Applicable public defender's officeThe term applicable public defender's office, with respect to an eligible entity that is—(A)a public defender's office, means the eligible entity;(B)a State or unit of local government, means—(i)the public defender's office of the eligible entity; and(ii)a public defender's office of a unit of local government within the eligible entity; and(C)a Tribal organization, means the public defender's office of the Tribal organization.(3)Basis of compensationThe term basis of compensation means the classification of the compensation of an employee into 1 of the following categories:(A)Hourly.(B)Flat rate.(C)Per case.(D)Salary.(4)Case(A)In generalThe term case includes all charges involved in a single incident of alleged criminal or delinquent conduct.(B)Multiple defendantsIf a charging document states that multiple defendants were involved in a single incident of alleged criminal or delinquent conduct, each defendant shall be counted as a separate case.(5)Case type(A)In generalThe term case type means the classification of a client’s case into 1 of the following categories, as defined under State law:(i)Juvenile.(ii)Misdemeanor.(iii)Felony.(iv)Life without parole.(v)Capital or death penalty.(B)Multiple chargesIf a case involves multiple charges, the case type shall be determined according to the dominant charge.(6)Chief prosecutorThe term chief prosecutor, with respect to—(A)a State, means the attorney general of the State;(B)a unit of local government, means the district attorney of the unit of local government; and(C)a Tribal organization, means the lead prosecutor of the Tribal organization.(7)Chief public defenderThe term chief public defender, with respect to a State, unit of local government, or Tribal organization, means the head of the public defender's office of the State, unit of local government, or Tribal organization, respectively.(8)Corresponding prosecutor's officeThe term corresponding prosecutor's office, with respect to a public defender's office, means the prosecutorial unit that appears adverse to the public defender's office in criminal proceedings.(9)Covered grantThe term covered grant means a grant awarded under section 4.(10)Dominant chargeThe term dominant charge, with respect to a case that involves multiple charges, means the charge that carries the most severe or lengthy maximum penalty.(11)Eligible entityThe term eligible entity means a State, unit of local government, Tribal organization, or public defender's office that, as of the date of enactment of this Act and without regard to the deadlines under section 4(b)—(A)has not developed and implemented a data collection process that meets the requirements under paragraph (1) of that section;(B)has not developed workload limits that meet the requirements under paragraph (2) of that section, or has developed such limits but is not in compliance with the limits; or(C)does not meet the compensation requirements under paragraph (3) of that section.(12)Full-timeThe term full-time, with respect to an employee of a prosecutor's office or public defender's office, means an employee who works not less than 40 hours per week for that office.(13)Peripheral chargeThe term peripheral charge, with respect to a case that involves multiple charges, means any charge that is not the dominant charge.(14)ProsecutorThe term prosecutor—(A)has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and(B)includes a full-time employee of a Tribal organization who—(i)is continually licensed to practice law; and(ii)carries out activities equivalent to those of a prosecutor referred to in subparagraph (A).(15)Prosecutor's office; public defender's officeThe terms prosecutor's office and public defender's office mean an agency or office of a State, unit of local government, or Tribal organization that employs prosecutors or public defenders, respectively.(16)Public defenderThe term public defender—(A)has the meaning given the term in section 3001(b) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(b)); and(B)includes an attorney employed by a Tribal organization who—(i)is continually licensed to practice law; and(ii)carries out activities equivalent to those of a public defender referred to in subparagraph (A).(17)Staff attorneyThe term staff attorney, with respect to a prosecutor's office or public defender's office, means a prosecutor or public defender who is not the chief prosecutor or chief public defender, respectively.(18)StateThe term State has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).(19)Tribal organizationThe term Tribal organization has the meaning given the term tribal organization in section 4(l) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(l)).(20)Unit of local governmentThe term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).4.Public defense grant program(a)Grant authority(1)In general(A)Initial grantsDuring the first 5 fiscal years beginning after the date of enactment of this Act, the Attorney General shall award a grant, to be used for public defense, to any eligible entity that commits to satisfying the requirements under subsection (b) and section 5.(B)Continuing grantsDuring the sixth fiscal year beginning after the date of enactment of this Act, and each fiscal year thereafter, the Attorney General shall award a grant to any eligible entity that—(i)commits to satisfying the requirements under section 5;(ii)certifies that the eligible entity is in compliance with—(I)the workload limits developed by the eligible entity under subsection (b)(2) of this section; and(II)the requirements under subsection (b)(3) of this section; and(iii)commits to using the grant funds for public defense.(2)AmountIn applying for a grant under paragraph (1), an eligible entity shall request a grant amount that takes into account—(A)any technology and training required to meet the requirements under subsection (b)(1); and(B)the size of the justice system—(i)that the entity administers or in which the entity participates, as applicable, relative to the size of other justice systems in—(I)the United States, if the entity is a State or a public defender's office of a State; or(II)the State in which the entity is located, if the entity is a unit of local government or a public defender's office of a unit of local government; or(ii)of the Indian Tribe, if the entity is a Tribal organization or a public defender's office of a Tribal organization.(b)RequirementsThe requirements for an eligible entity under this subsection are as follows:(1)Data collection(A)ProcessDuring the first fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop and implement a process for collecting the following data for full-time attorneys employed by each applicable public defender's office during the fiscal year:(i)The mean and median number of hours per month worked per attorney.(ii)The mean and median percentage of hours per month spent with clients per attorney, excluding court appearances.(iii)The mean and median percentage of hours per month spent in court proceedings per attorney.(iv)The mean and median percentage of hours spent per month by a attorney on—(I)investigation;(II)research;(III)writing; and(IV)preparation.(v)The amount of attorney turnover, broken down by the level of experience and length of employment of the attorney.(vi)The number of open cases as of the last day of the fiscal year, broken down by—(I)case type, including by—(aa)the dominant charge; and(bb)each peripheral charge;(II)the attorney, who shall be identified using an anonymized unique identifier;(III)the date on which the attorney was appointed to the case; and(IV)the date on which the attorney first met with the client.(vii)The number of cases closed during the fiscal year, broken down by—(I)case type, including by—(aa)the dominant charge; and(bb)each peripheral charge;(II)the attorney, who shall be identified using an anonymized unique identifier;(III)the date on which the case was referred to the public defender's office;(IV)the date on which the attorney was appointed to the case; and(V)the date on which the case was closed.(B)Collection and submission requirementFor the second fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall—(i)collect the data described in subparagraph (A) with respect to that fiscal year; and(ii)submit the data to the Attorney General.(2)Workload limits(A)Development of workload limitsDuring the second fiscal year for which the eligible entity receives a covered grant, the eligible entity shall develop workload limits, based on the data collected under paragraph (1), that provide each full-time public defender employed by an applicable public defender's office with sufficient time to provide—(i)reasonably effective assistance of counsel pursuant to prevailing professional norms; and(ii)competent representation pursuant to applicable rules of professional responsibility.(B)Periodic updatesIf the eligible entity receives covered grants under subsection (a)(1)(B), the eligible entity shall review and, as necessary, update the limits developed under subparagraph (A) of this paragraph not less frequently than once every 10 fiscal years.(3)Public defender compensationDuring the sixth fiscal year, and each subsequent fiscal year, for which the eligible entity receives a covered grant, the eligible entity shall satisfy the following requirements with respect to employees of each applicable public defender's office (or, in the case of subparagraph (D), with respect to each private attorney appointed by an applicable court):(A)The rate and basis of compensation of the chief public defender shall be equivalent to the rate and basis of compensation of the corresponding chief prosecutor.(B)The rate and basis of compensation of an entry-level full-time staff attorney shall be equivalent to the rate and basis of compensation of an entry-level full-time staff attorney employed by the corresponding prosecutor's office.(C)The rate and basis of compensation of a non-entry-level full-time staff attorney shall be equivalent to the greater of—(i)the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has the same number of years of experience working as a criminal attorney; or(ii)the rate and basis of compensation of a full-time staff attorney employed by the corresponding prosecutor's office who has an equivalent supervisory or managerial role.(D)In the case of an eligible entity that is not a public defender's office, the rate of compensation of a private attorney appointed by an applicable court to represent a defendant shall be equivalent to the rate of compensation of an attorney appointed under section 3006A of title 18, United States Code, by the United States district court for the Federal judicial district in which the applicable court is located, for the same or a similar type of case.(E)The rate and basis of compensation of a full-time investigator shall be equivalent to the rate and basis of compensation of a full-time investigator employed by the corresponding prosecutor's office who has the same number of years of experience working as an investigator.(F)The rate and basis of compensation of a full-time paralegal shall be equivalent to the rate and basis of compensation of a full-time paralegal employed by the corresponding prosecutor's office who has the same number of years of experience working as a paralegal.(c)Authorization of appropriationsThere are authorized to be appropriated to the Attorney General to carry out this section—(1)$250,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act; and(2)such sums as may be necessary for each fiscal year thereafter.5.Progress reports; certifications(a)Progress reportsFor each of the first 5 fiscal years for which a State or Tribal organization receives a covered grant, the State or Tribal organization shall submit a report to the Attorney General that—(1)documents the progress of the State or Tribal organization in meeting the requirements under section 4(b)(3);(2)provides a formal accounting of total amounts expended on public defense during the fiscal year by the—(A)State, including each unit of local government in the State; or(B)Tribal organization;(3)provides a formal accounting of total amounts expended on prosecution during the fiscal year by the—(A)State, including each unit of local government in the State; or(B)Tribal organization; and(4)documents the progress of the State, including each unit of local government in the State, or Tribal organization in achieving overall resource parity between prosecution and public defense.(b)Certifications(1)Data collection processFor the first fiscal year for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity has developed and implemented a data collection process in accordance with section 4(b)(1)(A).(2)Workload limits(A)ComplianceSubject to subparagraph (B), for the third fiscal year for which an eligible entity receives a covered grant, and each fiscal year thereafter, the eligible entity shall submit to the Attorney General a certification that the eligible entity has complied with the workload limits developed under section 4(b)(2).(B)RequirementIf an eligible entity is unable to certify under subparagraph (A) that the eligible entity has complied with the workload limits developed under section 4(b)(2)—(i)the eligible entity shall report to the Attorney General the number of additional public defenders and the amount of additional funding needed to ensure compliance with the limits developed under that section; and(ii)the Attorney General shall factor the information provided under clause (i) into the amount of the covered grant awarded to the eligible entity for the following fiscal year.(3)Compensation parityFor the sixth fiscal year, and each subsequent fiscal year, for which an eligible entity receives a covered grant, the eligible entity shall submit to the Attorney General a certification that the eligible entity is in compliance with section 4(b)(3).6.Requirements for States receiving Byrne JAG funds(a)Data collection(1)In generalFor any fiscal year beginning after the date of enactment of this Act, a State that receives funds under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.) shall submit to the Attorney General data on the following with respect to criminal cases heard by a court of the State or of a unit of local government in the State during that fiscal year:(A)The number of cases for which a defendant waived his or her right to counsel, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant.(B)The number of cases for which a defendant was represented in court by counsel who was publicly appointed, broken down by—(i)public defender, court-appointed private attorney, or contract attorney, and the number of charges in each case; and(ii)race, ethnicity, and gender of the defendant.(C)The number of cases for which a defendant was represented in court by counsel who was not publicly appointed, and the number of charges in each case, broken down by race, ethnicity, and gender of the defendant.(2)Applicable criminal offensesA State shall submit data under paragraph (1) with respect to—(A)criminal offenses for which a term of imprisonment of more than 1 year may be imposed;(B)criminal offenses for which a term of imprisonment of 1 year or less may be imposed, including misdemeanors, traffic violations, and violations of municipal ordinances; and(C)acts of juvenile delinquency or juvenile status offenses for which any term of detention may be imposed.(3)Withholding of fundsIf a State does not comply with paragraph (1) or (2) for a fiscal year, the Attorney General shall withhold from the State 20 percent of the funds that would otherwise be allocated to the State for the following fiscal year under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10501 et seq.).7.Funding to train public defenders(a)DefinitionIn this section, the term eligible entity means an entity that—(1)is—(A)an organization—(i)described in paragraph (3) or (6) of section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code; or(ii)funded by a State or unit of local government; or(B)a State, unit of local government, Indian Tribal government, or political subdivision of an Indian Tribe; and(2)has a comprehensive educational program specific to public defenders that offers—(A)ongoing training and support; and(B)programming that includes—(i)skills training, including pretrial practice, negotiation skills, and trial skills;(ii)client-centered values;(iii)implicit bias training;(iv)leadership development; and(v)ongoing support to reinforce the training curriculum.(b)GrantsThe Attorney General shall award grants to eligible organizations to be used to train public defenders, court-appointed private attorneys, and contract attorneys.(c)Authorization of appropriationsThere are authorized to be appropriated to the Attorney General to carry out this section $5,000,000 for each of the first 5 fiscal years beginning after the date of enactment of this Act.8.Enhancement of student loan repayment program(a)ReauthorizationSection 3001(j) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(j)) is amended—(1)by striking this section $25,000,000 and inserting the following:this section—(1)$25,000,000; and(2)by striking the period at the end and inserting the following:; and(2)$75,000,000 for each of fiscal years 2019 through 2022..(b)Increasing limits on repayment amountSection 3001(d)(3)(A) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10671(d)(3)(A)) is amended—(1)in clause (i), by striking $10,000 and inserting $35,000; and(2)in clause (ii), by striking $60,000 and inserting $200,000.


109 HR 3573 IH: Zero Tolerance School Terror Act
U.S. House of Representatives
2005-07-28
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
109th CONGRESS
1st Session
H. R. 3573
IN THE HOUSE OF REPRESENTATIVES

July 28, 2005
Mrs. Lowey introduced the following bill; which was referred to the Committee on the Judiciary

A BILL
To provide an enhanced penalty for threatening to kill, injure, or intimidate an individual, or to cause property damage, by means of fire or an explosive on school property.

1.Short titleThis Act may be cited as the Zero Tolerance School Terror Act.
2.Enhanced penalty for threatening to kill, injure, or intimidate an individual, or to cause property damage, by means of fire or an explosive on school propertySection 844(e) of title 18, United States Code, is amended by adding at the end the following: If the threat or conveying of false information referred to in the preceding sentence concerns conduct on the grounds of a school which provides elementary or secondary education (as determined under State law), the maximum term of imprisonment under this subsection shall be 20 years..


		I
		111th CONGRESS
		1st Session
		H. R. 1825
		IN THE HOUSE OF
		  REPRESENTATIVES

			March 31, 2009
			Mr. Jordan of Ohio
			 (for himself and Mr. Ellsworth)
			 introduced the following bill; which was referred to the
			 Committee on the
			 Judiciary

		A BILL
		To amend title 18, United States Code, to
		  deter public corruption.

		1.Short titleThis Act may be cited as the
			 Clean Up Government Act of
			 2009.
		2.Application of
			 mail and wire fraud statutes to licences and other intangible
			 rightsSections 1341 and 1343
			 of title 18, United States Code, are each amended by striking money or
			 property and inserting money, property, or any other thing of
			 value.
		3.Venue for Federal
			 offenses
			(a)Venue includes
			 any district in which conduct in furtherance of an offense takes
			 placeSubsection (a) of
			 section 3237 of title 18, United States Code, is amended to read as
			 follows:

					(a)Except as
				otherwise provided by law, an offense against the United States may be inquired
				of and prosecuted in any district in which any conduct required for, or any
				conduct in furtherance of, the offense took place, or in which the offense was
				completed.
					.
			(b)Conforming
			 amendments
				(1)Section
			 headingThe heading for section 3237 of title 18, United States
			 Code, is amended to read as follows:

						3237.Offense taking
				place in more than one
				district
						.
				(2)Table of
			 sectionsThe table of sections at the beginning of chapter 211 of
			 title 18, United States Code, is amended so that the item relating to section
			 3237 reads as follows:

							3237. Offense taking place in more than
				one
				district.

						.
				4.Theft or bribery
			 concerning programs receiving Federal financial assistanceSection 666(a) of title 18, United States
			 Code, is amended by striking ten years and inserting 20
			 years.
		5.Penalty for
			 section 641 violationsSection
			 641 of title 18, United States Code, is amended by striking ten
			 years and inserting 20 years.
		6.Bribery and
			 graftSection 201 of title 18,
			 United States Code, is amended—
			(1)in subsection (b),
			 by striking fifteen years and inserting 30 years;
			 and
			(2)in subsection (c),
			 by striking two years and inserting five
			 years.
			7.Addition of
			 District of Columbia to theft of public money offenseSection 641 of title 18, United States Code,
			 is amended by inserting the District of Columbia or before
			 the United States.
		8.Clarification of
			 crime of illegal gratuitiesParagraphs (A) and (B) of section 201(c)(1)
			 of title 18, United States Code, are each amended by inserting the
			 official’s official position or before any official
			 act.
		9.Clarification of
			 definition of official actSection 201(a)(3) of title 18, United States
			 Code, is amended by striking any decision and all that follows
			 through profit and inserting any decision or action
			 within the range of official duty of a public official.
		10.Amendment of the
			 sentencing guidelines relating to certain crimes
			(a)Directive to
			 Sentencing CommissionPursuant to its authority under section
			 994(p) of title 28, United States Code, and in accordance with this section,
			 the United States Sentencing Commission forthwith shall review and amend its
			 guidelines and its policy statements applicable to persons convicted of an
			 offense under sections 201, 641, 666, 1962 of title 18, United States Code in
			 order to reflect the intent of Congress that such penalties be increased in
			 comparison to those currently provided by guidelines and policy
			 statements.
			(b)RequirementsIn carrying out this subsection, the
			 Commission shall—
				(1)ensure that the sentencing guidelines and
			 policy statements reflect Congress’ intent that the guidelines and policy
			 statements reflect the serious nature of the offenses described in paragraph
			 (1), the growing incidence of such offenses, and the need for an effective
			 deterrent and appropriate punishment to prevent such offenses.
				(2)Consider the
			 extent to which the guidelines may or may not appropriately account
			 for
					(A)the potential and
			 actual harm to the public and the amount of any loss resulting from the
			 offense;
					(B)the level of
			 sophistication and planning involved in the offense;
					(C)whether the
			 offense was committed for purposes of commercial advantage or private financial
			 benefit;
					(D)whether the
			 defendant acted with intent to cause either physical or property harm in
			 committing the offense;
					(E)the extent to
			 which the offense represented an abuse of trust by the offender and was
			 committed in a manner that undermined public confidence in the Federal, State
			 or local government; and
					(F)whether the
			 violation was intended to or had the effect of creating a threat to public
			 health or safety, injury to any person or even death;
					(3)assure reasonable
			 consistency with other relevant directives and with other sentencing
			 guidelines;
				(4)account for any
			 additional aggravating or mitigating circumstances that might justify
			 exceptions to the generally applicable sentencing ranges;
				(5)make any necessary
			 conforming changes to the sentencing guidelines; and
				(6)assure that the
			 guidelines adequately meet the purposes of sentencing as set forth in section
			 3553(a)(2) of title 18, United States Code.