HR 3961 111th Congress

An Act to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 until February 28, 2011.

Latest Action

Became Public Law No: 111-141.

Summary

(This measure has not been amended since it was passed by the Senate on February 24, 2010. The summary of that version is repeated here.) Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to extend through February 28, 2011, provisions: (1) granting roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978 (FISA) where the court finds that the actions of the target may thwart the identification of a specified person or other persons (by using multiple devices or modes of communication, among other means); and (2) authorizing the Director of the Federal Bureau of Investigation (FBI) to apply for a court order requiring production of tangible things (including books, records, papers, and documents), not merely business records, for foreign intelligence and international terrorism investigations. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through February 28, 2011, an amendment to the Foreign Intelligence Surveillance Act of 1978 (FISA) that redefines "agent of a foreign power" to include any non-U.S. person who engages in international terrorism or activities in preparation for such terrorism ("lone wolf" provision).

Amends the USA PATRIOT Improvement and Reauthorization Act of 2005 to extend through February 28, 2011, provisions: (1) granting roving surveillance authority under the Foreign Intelligence Surveillance Act of 1978 (FISA) where the court finds that the actions of the target may thwart the identification of a specified person or other persons (by using multiple devices or modes of communication, among other means); and (2) authorizing the Director of the Federal Bureau of Investigation (FBI) to apply for a court order requiring production of tangible things (including books, records, papers, and documents), not merely business records, for foreign intelligence and international terrorism investigations. Amends the Intelligence Reform and Terrorism Prevention Act of 2004 to extend through February 28, 2011, an amendment to the Foreign Intelligence Surveillance Act of 1978 (FISA) that redefines "agent of a foreign power" to include any non-U.S. person who engages in international terrorism or activities in preparation for such terrorism ("lone wolf" provision).

Division A: Medicare Physician Payment Reform Act of 2009 - Medicare Physician Payment Reform Act of 2009 - (Sec. 2) Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare sustainable growth rate (SGR) payment system for determining the annual updates to the Medicare physician fee schedule. Sets as a transitional update for 2010 to the single conversion factor in the formula for determining the schedule the percentage increase in the Medicare economic index (MEI, a price index of inputs required to produce physician services). Rebases the update adjustment factor for 2011 and subsequent years by: (1) making the allowed expenditures for 2009 under the schedule equal to the actual expenditures for physicians' services during 2009; and (2) changing from 1996 to 2009 (or, if later, the fifth year before the year involved) the reference point for calculating the cumulative adjustment component to expenditure targets in the formula. Limits to physicians' services under the fee schedule (excluding those incidental to a physician visit) the services covered in the target growth rate computation. Establishes two categories of physician services: (1) evaluation, management, and preventive services; and (2) all other physician services. Prescribes a separate target growth rate and conversion factor update for each such category. Division B: Statutory Pay-As-You-Go Act of 2009 - Statutory Pay-As-You-Go Act of 2009 - (Sec. 104) Requires a Pay-As-You-Go (PAYGO) Act to include by reference an estimate of its budgetary effects as determined by the Congressional Budget Act of 1974 (CBA), if timely submitted for printing in the Congressional Record by the chairs of the congressional budget committees (chairs) before the vote on it. Requires: (1) the Clerk of the House of Representatives or the Secretary of the Senate, as applicable, also to incorporate by reference such printed estimate into the enrollment of a PAYGO Act; and (2) budgetary effects that are not so included to be determined by the Office of Management and Budget (OMB) estimates. Amends the CBA to require the chairs to request from the Director of the Congressional Budget Office (CBO) an estimate of the budgetary effects of a PAYGO Act before a vote in either chamber on it that, if determined in the affirmative, would clear it for enrollment. Directs the chairs to post such estimate on their respective committee websites and cause it to be printed in the Congressional Record under "PAYGO ESTIMATE." Requires CBO to make specified estimate adjustments when calculating budgetary effects of certain designated legislation affecting current policy, as detailed in Sec. 7 of this Act. Requires OMB to maintain and make publicly available a continuously updated document containing two PAYGO scorecards (the first for a five-year period and the second for a 10-year period for the beginning of each respective budget year) displaying the budgetary effects of PAYGO legislation, applying certain look-back and averaging requirements. Requires OMB to display as a separate addendum the cost estimates of provisions designated in statute as emergency requirements. (Sec. 105) Requires OMB to: (1) make an annual public PAYGO report, including a up-to-date document containing the PAYGO scorecards, within 14 business days after Congress adjourns to end a session; and (2) prepare for the President an offsetting sequestration order, which the President shall issue, if such report shows a debit on either PAYGO scorecard for the budget year. (Sec. 106) Prescribes requirements for calculating a sequestration for nonexempt direct spending programs, including Medicare payments and certain nonexempt mandatory programs. (Sec. 107) Prescribes requirements for CBO adjustments of estimates of budgetary effects of PAYGO legislation for legislation affecting current policy for: (1) payments made under title XVIII (Medicare) of the Social Security Act for physician services; (2) the Estate and Gift Tax under the Internal Revenue Code; and (3) the permanent extension of middle-class tax cuts and the Alternative Minimum Tax (AMT) relief under the Economic Growth and Tax Relief Reconciliation Act of 2001 or the Jobs and Growth Tax Relief and Reconciliation Act of 2003. (Sec. 108) Applies to this Act certain sequestration order requirements of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act), as amended by this Act, including the authority of Members of Congress and certain individuals to request an expedited judicial review of a sequestration order. (Sec. 109) Makes technical and conforming amendments to the Gramm-Rudman-Hollings Act. (Sec. 110) Exempts from sequestration: (1) low-income subsidies and catastrophic subsidies under Part D (Voluntary Prescription Drug Benefit Program) of the Social Security Act (SSA); and (2) qualified individual (QI) premiums for Medicare cost-sharing for certain dual eligible low-income Medicare beneficiaries under SSA title XIX (Medicaid). (Sec. 111) Amends the Gramm-Rudman-Hollings Act to specify additional Social Security, veterans, Tier I Railroad Retirement benefits and other programs and activities exempt from a sequestration order as well as certain economic recovery programs.

Medicare Physician Payment Reform Act of 2009 - Amends title XVIII (Medicare) of the Social Security Act to revise the Medicare sustainable growth rate (SGR) payment system for determining the annual updates to the Medicare physician fee schedule. Sets as a transitional update for 2010 to the single conversion factor in the formula for determining the schedule the percentage increase in the Medicare economic index (MEI, a price index of inputs required to produce physician services). Rebases the update adjustment factor for 2011 and subsequent years by: (1) making the allowed expenditures for 2009 under the schedule equal to the actual expenditures for physicians' services during 2009; and (2) changing from 1996 to 2009 (or, if later, the fifth year before the year involved) the reference point for calculating the cumulative adjustment component to expenditure targets in the formula. Limits to physicians' services under the fee schedule (excluding those incidental to a physician visit) the services covered in the target growth rate computation. Establishes two categories of physician services: (1) evaluation, management, and preventive services; and (2) all other physician services. Prescribes a separate target growth rate and conversion factor update for each such category.

Vote Result

Passed House

On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 315 - 97 (Roll no. 67). (text as House agreed to Senate amendments: CR H895)

Actions

2010-02-27T00:00:00

Became Public Law No: 111-141.

2010-02-27T00:00:00

Became Public Law No: 111-141.

2010-02-27T00:00:00

Signed by President.

2010-02-27T00:00:00

Signed by President.

2010-02-26T00:00:00

Presented to President.

2010-02-26T00:00:00

Presented to President.

2010-02-25T00:00:00

Cleared for White House.

2010-02-25T00:00:00

Motion to reconsider laid on the table Agreed to without objection.

2010-02-25T00:00:00

On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 315 - 97 (Roll no. 67). (text as House agreed to Senate amendments: CR H895)

2010-02-25T00:00:00

Resolving differences -- House actions: On motion that the House agree to the Senate amendments Agreed to by the Yeas and Nays: 315 - 97 (Roll no. 67).(text as House agreed to Senate amendments: CR H895)

2010-02-25T00:00:00

POSTPONED PROCEEDINGS - The Chair put the question on concurring in the Senate amendments and by voice vote announced that the ayes had prevailed. Mr. Posey objected to the vote on the grounds that a quorum was not present. Pursuant to clause 6 of rule XX, the yeas and nays were ordered.

2010-02-25T00:00:00

POSTPONED PROCEEDINGS - Pursuant to clause 1(c) of rule 19, the Chair postponed further proceedings on the Conyers motion to concur in the Senate amendments to H.R. 3961 until later in the legislative day.

2010-02-25T00:00:00

The previous question was ordered pursuant to the rule. (consideration: CR H901)

2010-02-25T00:00:00

DEBATE - The House proceeded with one hour of debate on the Conyers motion to agree to the Senate amendments to H.R. 3961.

2010-02-25T00:00:00

Mr. Conyers moved that the House agree to the Senate amendments. (consideration: CR H895)

2010-02-25T00:00:00

Pursuant to the provisions of H. Res. 1109, Mr. Conyers took from the Speaker's table H.R. 3961 with the Senate amendments thereto, and was recognized for a motion. (consideration: CR H895-901, H906-907)

2010-02-24T00:00:00

Message on Senate action sent to the House.

2010-02-24T00:00:00

Passed Senate with an amendment and an amendment to the Title by Voice Vote.

2010-02-24T00:00:00

Passed/agreed to in Senate: Passed Senate with an amendment and an amendment to the Title by Voice Vote.

2010-02-24T00:00:00

Measure laid before Senate by unanimous consent. (consideration: CR S736-737)

2010-01-20T00:00:00

Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 252.

2009-12-24T00:00:00

Read the first time. Placed on Senate Legislative Calendar under Read the First Time.

2009-11-20T00:00:00

Received in the Senate.

2009-11-19T00:00:00

Motion to reconsider laid on the table Agreed to without objection.

2009-11-19T00:00:00

On passage Passed by recorded vote: 243 - 183 (Roll no. 909). (text: CR H13289-013291)

2009-11-19T00:00:00

Passed/agreed to in House: On passage Passed by recorded vote: 243 - 183 (Roll no. 909).(text: CR H13289-013291)

2009-11-19T00:00:00

On motion to recommit with instructions Failed by recorded vote: 177 - 252 (Roll no. 908).

2009-11-19T00:00:00

The previous question on the motion to recommit with instructions was ordered without objection. (consideration: CR H13318)

2009-11-19T00:00:00

DEBATE - The House proceeded with 10 minutes of debate on the Cantor motion to recommit with instructions. The instructions contained in the motion seek to report the same back to the House with an amendment to direct the Secretary of Health and Human Services to implement an adjustment in payments for physician services under section 1848 of the Social Security Act.

2009-11-19T00:00:00

Mr. Cantor moved to recommit with instructions to Energy and Commerce. (consideration: CR H13317; text: CR H13317)

2009-11-19T00:00:00

On motion to table the motion to appeal the ruling of the chair Agreed to by the Yeas and Nays: 251 - 177 (Roll no. 907). (consideration: CR H13316-13317)

2009-11-19T00:00:00

Mr. Waxman moved to table the motion to appeal the ruling of the chair

2009-11-19T00:00:00

Mr. Gingrey (GA) appealed the ruling of the chair. The question was then put on sustaining the ruling of the chair.

2009-11-19T00:00:00

Point of order sustained against the motion to recommit with instructions.

2009-11-19T00:00:00

Mr. Waxman raised a point of order against the motion to recommit with instructions. Mr. Waxman stated that the motion to recommit seeks to exceed the scope of the bill and the amendment is therefore, not germane. Sustained by the Chair.

2009-11-19T00:00:00

DEBATE - The House proceeded with 10 minutes of debate on the Gingrey motion to recommit with instructions. The instructions contained in the motion seek to require the bill to be reported back to the House forthwith with an amendment in the nature of a substitute relating to Medicare SGR improvement and reform.

2009-11-19T00:00:00

Mr. Gingrey (GA) moved to recommit with instructions to Energy and Commerce. (consideration: CR H13308-13315; text: CR H13308-13315)

2009-11-19T00:00:00

The previous question was ordered pursuant to the rule. (consideration: CR H13308)

2009-11-19T00:00:00

DEBATE - The House proceeded with one hour of debate on H.R. 3961.

2009-11-19T00:00:00

Rule provides for consideration of H.R. 3962 and H.R. 3961 with 4 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.

2009-11-19T00:00:00

Considered under the provisions of rule H. Res. 903. (consideration: CR H13289-13319)

2009-11-07T00:00:00

Rule H. Res. 903 passed House.

2009-11-07T00:00:00

Rules Committee Resolution H. Res. 903 Reported to House. Rule provides for consideration of H.R. 3962 and H.R. 3961 with 4 hours of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. Specified amendments are in order. All points of order against consideration of the bill are waived except those arising under clause 9 or 10 of rule XXI.

2009-11-02T00:00:00

Referred to the Subcommittee on Health.

2009-10-29T00:00:00

Referred to House Ways and Means

2009-10-29T00:00:00

Referred to the Committee on Energy and Commerce, and in addition to the Committee on Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

2009-10-29T00:00:00

Referred to House Energy and Commerce

2009-10-29T00:00:00

Introduced in House

2009-10-29T00:00:00

Introduced in House

Policy Areas

Health

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An Act to extend expiring provisions of the USA PATRIOT Improvement and Reauthorization Act of 2005 and Intelligence Reform and Terrorism Prevention Act of 2004 until February 28, 2011.

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