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S. 705 (is) To combat crime by enhancing the penalties for certain sex crimes against children. [Introduced in Senate] ...


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                                                        Calendar No. 97
106th CONGRESS
  1st Session
                                 S. 704

To amend title 18, United States Code, to combat the overutilization of 
  prison health care services and control rising prisoner health care 
                                 costs.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 24, 1999

Mr. Kyl (for himself, Mr. Johnson, Mr. Hatch, Mr. Thurmond, Mr. Inouye, 
Mr. Grassley, Mr. Dorgan, Mr. Sessions, Mr. Cleland, Mr. Ashcroft, Mrs. 
 Lincoln, Mr. Abraham, Mr. Helms, Mr. Daschle, Mr. Fitzgerald, and Mr. 
    DeWine) introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

                             April 29, 1999

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
To amend title 18, United States Code, to combat the overutilization of 
  prison health care services and control rising prisoner health care 
                                 costs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Federal Prisoner Health 
Care Copayment Act of 1999''.</DELETED>

<DELETED>SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL 
              INSTITUTIONS.</DELETED>

<DELETED>    (a) In General.--Chapter 303 of title 18, United States 
Code, is amended by adding at the end the following:</DELETED>
<DELETED>``Sec. 4048. Fees for health care services for 
              prisoners</DELETED>
<DELETED>    ``(a) Definitions.--In this section--</DELETED>
        <DELETED>    ``(1) the term `account' means the trust fund 
        account (or institutional equivalent) of a prisoner;</DELETED>
        <DELETED>    ``(2) the term `Director' means the Director of 
        the Bureau of Prisons;</DELETED>
        <DELETED>    ``(3) the term `health care provider' means any 
        person who is--</DELETED>
                <DELETED>    ``(A) authorized by the Director to 
                provide health care services; and</DELETED>
                <DELETED>    ``(B) operating within the scope of such 
                authorization;</DELETED>
        <DELETED>    ``(4) the term `health care visit' means a visit, 
        as determined by the Director, by a prisoner to an 
        institutional or noninstitutional health care provider; 
        and</DELETED>
        <DELETED>    ``(5) the term `prisoner' means--</DELETED>
                <DELETED>    ``(A) any individual who is incarcerated 
                in an institution under the jurisdiction of the Bureau 
                of Prisons; or</DELETED>
                <DELETED>    ``(B) any other individual, as designated 
                by the Director, who has been charged with or convicted 
                of an offense against the United States.</DELETED>
<DELETED>    ``(b) Fees for Health Care Services.--</DELETED>
        <DELETED>    ``(1) In general.--The Director, in accordance 
        with this section and with such regulations as the Director 
        shall promulgate to carry out this section, may assess and 
        collect a fee for health care services provided in connection 
        with each health care visit requested by a prisoner.</DELETED>
        <DELETED>    ``(2) Exclusion.--The Director may not assess or 
        collect a fee under this section for preventative health care 
        services, as determined by the Director.</DELETED>
<DELETED>    ``(c) Persons Subject to Fee.--Each fee assessed under 
this section shall be collected by the Director from the account of--
</DELETED>
        <DELETED>    ``(1) the prisoner receiving health care services 
        in connection with a health care visit described in subsection 
        (b)(1); or</DELETED>
        <DELETED>    ``(2) in the case of health care services provided 
        in connection with a health care visit described in subsection 
        (b)(1) that results from an injury inflicted on a prisoner by 
        another prisoner, the prisoner who inflicted the injury, as 
        determined by the Director.</DELETED>
<DELETED>    ``(d) Amount of Fee.--Any fee assessed and collected under 
this section shall be in an amount of not less than $2.</DELETED>
<DELETED>    ``(e) No Consent Required.--Notwithstanding any other 
provision of law, the consent of a prisoner shall not be required for 
the collection of a fee from the account of the prisoner under this 
section.</DELETED>
<DELETED>    ``(f) No Refusal of Treatment for Financial Reasons.--
Nothing in this section may be construed to permit any refusal of 
treatment to a prisoner on the basis that--</DELETED>
        <DELETED>    ``(1) the account of the prisoner is insolvent; 
        or</DELETED>
        <DELETED>    ``(2) the prisoner is otherwise unable to pay a 
        fee assessed under this section.</DELETED>
<DELETED>    ``(g) Use of Amounts.--</DELETED>
        <DELETED>    ``(1) Restitution to specific victims.--Amounts 
        collected by the Director under this section from a prisoner 
        subject to an order of restitution issued pursuant to section 
        3663 or 3663A shall be paid to victims in accordance with the 
        order of restitution.</DELETED>
        <DELETED>    ``(2) Allocation of other amounts.--Of amounts 
        collected by the Director under this section from prisoners not 
        subject to an order of restitution issued pursuant to section 
        3663 or 3663A--</DELETED>
                <DELETED>    ``(A) 75 percent shall be deposited in the 
                Crime Victims Fund established under section 1402 of 
                the Victims of Crime Act of 1984 (42 U.S.C. 10601); 
                and</DELETED>
                <DELETED>    ``(B) 25 percent shall be available to the 
                Attorney General for administrative expenses incurred 
                in carrying out this section.</DELETED>
<DELETED>    ``(h) Reports to Congress.--Not later than 2 years after 
the date of enactment of the Federal Prisoner Copayment Act of 1999, 
and annually thereafter, the Director shall submit to Congress a 
report, which shall include--</DELETED>
        <DELETED>    ``(1) a description of the amounts collected under 
        this section during the preceding 24-month period; 
        and</DELETED>
        <DELETED>    ``(2) an analysis of the effects of the 
        implementation of this section, if any, on the nature and 
        extent of heath care visits by prisoners.''.</DELETED>
<DELETED>    (b) Clerical Amendment.--The analysis for chapter 303 of 
title 18, United States Code, is amended by adding at the end the 
following:</DELETED>

<DELETED>``4048. Fees for health care services for prisoners.''.

<DELETED>SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL 
              INSTITUTIONS.</DELETED>

<DELETED>    Section 4013 of title 18, United States Code, is amended 
by adding at the end the following:</DELETED>
<DELETED>    ``(c) Health Care Fees for Federal Prisoners in Non-
Federal Institutions.--Notwithstanding amounts paid under subsection 
(a)(3), a State or local government may assess and collect a reasonable 
fee from the trust fund account (or institutional equivalent) of a 
Federal prisoner for health care services, if--</DELETED>
        <DELETED>    ``(1) the prisoner--</DELETED>
                <DELETED>    ``(A) is confined in a non-Federal 
                institution pursuant to an agreement between the 
                Federal Government and the State or local government; 
                and</DELETED>
                <DELETED>    ``(B) is not indigent;</DELETED>
        <DELETED>    ``(2) the fee--</DELETED>
                <DELETED>    ``(A) is authorized under State law; 
                and</DELETED>
                <DELETED>    ``(B) does not exceed the amount collected 
                from State or local prisoners for the same services; 
                and</DELETED>
        <DELETED>    ``(3) the services--</DELETED>
                <DELETED>    ``(A) are provided within or outside of 
                the institution by a person who is licensed or 
                certified under State law to provide health care 
                services and who is operating within the scope of such 
                license;</DELETED>
                <DELETED>    ``(B) are provided at the request of the 
                prisoner; and</DELETED>
                <DELETED>    ``(C) are not preventative health care 
                services.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Prisoner Health Care 
Copayment Act of 1999''.

SEC. 2. HEALTH CARE FEES FOR PRISONERS IN FEDERAL INSTITUTIONS.

    (a) In General.--Chapter 303 of title 18, United States Code, is 
amended by adding at the end the following:
``Sec. 4048. Fees for health care services for prisoners
    ``(a) Definitions.--In this section--
            ``(1) the term `account' means the trust fund account (or 
        institutional equivalent) of a prisoner;
            ``(2) the term `Director' means the Director of the Bureau 
        of Prisons;
            ``(3) the term `health care provider' means any person who 
        is--
                    ``(A) authorized by the Director to provide health 
                care services; and
                    ``(B) operating within the scope of such 
                authorization;
            ``(4) the term `health care visit' means a visit, as 
        determined by the Director, by a prisoner to an institutional 
        or noninstitutional health care provider; and
            ``(5) the term `prisoner' means--
                    ``(A) any individual who is incarcerated in an 
                institution under the jurisdiction of the Bureau of 
                Prisons; or
                    ``(B) any other individual, as designated by the 
                Director, who has been charged with or convicted of an 
                offense against the United States.
    ``(b) Fees for Health Care Services.--
            ``(1) In general.--The Director, in accordance with this 
        section and with such regulations as the Director shall 
        promulgate to carry out this section, may assess and collect a 
        fee for health care services provided in connection with each 
        health care visit requested by a prisoner.
            ``(2) Exclusion.--The Director may not assess or collect a 
        fee under this section for preventative health care services, 
        as determined by the Director.
    ``(c) Persons Subject to Fee.--Each fee assessed under this section 
shall be collected by the Director from the account of--
            ``(1) the prisoner receiving health care services in 
        connection with a health care visit described in subsection 
        (b)(1); or
            ``(2) in the case of health care services provided in 
        connection with a health care visit described in subsection 
        (b)(1) that results from an injury inflicted on a prisoner by 
        another prisoner, the prisoner who inflicted the injury, as 
        determined by the Director.
    ``(d) Amount of Fee.--Any fee assessed and collected under this 
section shall be in an amount of not less than $2.
    ``(e) No Consent Required.--Notwithstanding any other provision of 
law, the consent of a prisoner shall not be required for the collection 
of a fee from the account of the prisoner under this section.
    ``(f) No Refusal of Treatment for Financial Reasons.--Nothing in 
this section may be construed to permit any refusal of treatment to a 
prisoner on the basis that--
            ``(1) the account of the prisoner is insolvent; or
            ``(2) the prisoner is otherwise unable to pay a fee 
        assessed under this section.
    ``(g) Use of Amounts.--
            ``(1) Restitution to specific victims.--Amounts collected 
        by the Director under this section from a prisoner subject to 
        an order of restitution issued pursuant to section 3663 or 
        3663A shall be paid to victims in accordance with the order of 
        restitution.
            ``(2) Allocation of other amounts.--Of amounts collected by 
        the Director under this section from prisoners not subject to 
        an order of restitution issued pursuant to section 3663 or 
        3663A--
                    ``(A) 75 percent shall be deposited in the Crime 
                Victims Fund established under section 1402 of the 
                Victims of Crime Act of 1984 (42 U.S.C. 10601); and
                    ``(B) 25 percent shall be available to the Attorney 
                General for administrative expenses incurred in 
                carrying out this section.
    ``(h) Reports to Congress.--Not later than 2 years after the date 
of enactment of the Federal Prisoner Copayment Act of 1999, and 
annually thereafter, the Director shall submit to Congress a report, 
which shall include--
            ``(1) a description of the amounts collected under this 
        section during the preceding 24-month period; and
            ``(2) an analysis of the effects of the implementation of 
        this section, if any, on the nature and extent of heath care 
        visits by prisoners.''.
    (b) Clerical Amendment.--The analysis for chapter 303 of title 18, 
United States Code, is amended by adding at the end the following:

``4048. Fees for health care services for prisoners.''.

SEC. 3. HEALTH CARE FEES FOR FEDERAL PRISONERS IN NON-FEDERAL 
              INSTITUTIONS.

    Section 4013 of title 18, United States Code, is amended by adding 
at the end the following:
    ``(c) Health Care Fees for Federal Prisoners in Non-Federal 
Institutions.--
            ``(1) In general.--Notwithstanding amounts paid under 
        subsection (a)(3), a State or local government may assess and 
        collect a reasonable fee from the trust fund account (or 
        institutional equivalent) of a Federal prisoner for health care 
        services, if--
                    ``(A) the prisoner is confined in a non-Federal 
                institution pursuant to an agreement between the 
                Federal Government and the State or local government;
                    ``(B) the fee--
                            ``(i) is authorized under State law; and
                            ``(ii) does not exceed the amount collected 
                        from State or local prisoners for the same 
                        services; and
                    ``(C) the services--
                            ``(i) are provided within or outside of the 
                        institution by a person who is licensed or 
                        certified under State law to provide health 
                        care services and who is operating within the 
                        scope of such license;
                            ``(ii) are provided at the request of the 
                        prisoner; and

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