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Bill· HRH.R. 3237 (104th)open
United States · United States Congress · 15 April 1996
TABLE OF CONTENTS: Title I: Intelligence Community Generally Subtitle A: Director of Central Intelligence Subtitle B: Deputy Directors of Central Intelligence Subtitle C: The Intelligence Community Subtitle D: Annual Reports Title II: Intelligence Community Management Subtitle A: Intelligence Community Functions Subtitle B: National Foreign Intelligence Program Subtitle C: Personnel Subtitle D: Infrastructure Support Office Subtitle E: Intelligence Community Administration Title III: Intelligence Community Agencies Subtitle A: Central Intelligence Agency Subtitle B: The Clandestine Service Subtitle C: The National Intelligence Evaluation Council Title IV: Department of Defense Functions in the Intelligence Community Subtitle A: Secretary of Defense Subtitle B: Director of Military Intelligence Subtitle C: The Military Departments Subtitle D: Planning and Budgeting Title V: Department of Defense Agencies in the Intelligence Community Subtitle A: Defense Intelligence Agency Subtitle B: Technical Collection Agency Subtitle C: Technology Development Office Title VI: National Security Council and Related Boards and Committees Title VII: Technical and Conforming Amendments Subtitle A: Amendments Related to Creation of Technical Collection Agency Subtitle B: Amendments Related to Creation of Clandestine Service Subtitle C: Amendments Related to Inspector General for the Intelligence Community Subtitle D: Repeals of Provisions Recodified in New Act Subtitle E: Other Amendments Title VIII: Transfer of Functions, Savings Provisions, and Effective Date Subtitle A: Transfers of Functions to Intelligence Community Agencies Other than Agencies in Department of Defense Subtitle B: Transfers of Functions to Intelligence Community Agencies in Department of Defense Subtitle C: General Transfer Provisions Subtitle D: General Savings Provisions Subtitle E: Effective Date Intelligence Community Act - Title I: Intelligence Community Generally - Subtitle A: Director of Central Intelligence - Designates the Director of Central Intelligence (DCI) as the: (1) principal advisor to the President and National Security Council (NSC) for intelligence matters related to the national security; and (2) head of the Intelligence Community (IC). Directs the DCI to provide objective and timely intelligence to the President and specified other government officials. (Sec. 103) Requires the DCI to: (1) develop and present to the President an annual budget for the National Foreign Intelligence Program of the United States; (2) establish requirements and priorities for the collection of national intelligence and to manage the collection capabilities of the IC; (3) protect intelligence sources and methods from unauthorized disclosure; (4) promote and evaluate the quality and usefulness of national intelligence to consumers within the U.S. Government; (5) eliminate waste and unnecessary duplication within the IC; (6) have no police, subpoena, or law enforcement powers or internal security functions; (7) have access to all intelligence related to the national security; and (8) coordinate relationships between the IC and the intelligence or security services of foreign governments. Subtitle B: Deputy Directors of Central Intelligence - Establishes a Deputy Director of Central Intelligence to conduct the daily operations of the Central Intelligence Agency (CIA) and a Deputy Director of Central Intelligence for Community Management to direct the operations of the Community Management Staff and the Infrastructure Support Office, as well as other community-wide management functions. (Sec. 124) Provides for the civilian and military status of the DCI and the Deputy Directors. Subtitle C: The Intelligence Community - Provides for the various offices, staffs, councils, agencies, services, and other elements of the IC. Provides for an IC Inspector General who shall coordinate activities with the Inspector General of the Department of Defense. Subtitle D: Annual Reports - Requires the DCI to report annually to the Congress on IC activities. Title II: Intelligence Community Management - Subtitle A: Intelligence Community Functions - Establishes a Community Management Staff (Staff) to provide corporate management of specified IC-wide functions. Subtitle B: National Foreign Intelligence Program - Requires the Deputy Director for Community Management to prepare the annual budgets of the National Foreign Intelligence Program (NFIP), requiring budget approval from the DCI. Provides for accounting and the identification of constituent components with respect to such budget. (Sec. 222) Authorizes budget execution review by the Staff. Requires the Deputy Director for Community Management to establish an automated accounting system and execution review of the NFIP. (Sec. 223) Prohibits funds from being made available for any intelligence or special activity different from that previously justified to the Congress unless the DCI or the Secretary of Defense notifies the congressional intelligence and appropriations committees of such intent. Limits to five percent of the total NFIP budget for that year the amount of funds that may be transferred for such an activity. Prohibits funds available for drug interdiction or counter- drug activities from being so transferred, except as specifically provided in an appropriations law. (Sec. 224) Authorizes the DCI to transfer funds between NFIP programs and personnel between IC elements for up to one year, with conditions and notification of appropriate congressional committees. (Sec. 225) Prohibits funds available under the NFIP from being reprogrammed by any element of the IC without the prior approval of the DCI, except in accordance with procedures issued by the DCI. Subtitle C: Personnel - Requires the DCI to institute policies and programs within the IC for the appropriate use of IC personnel, including the use of personnel rotation and consolidation, performance evaluation systems, and career development programs. (Sec. 232) Authorizes the DCI to terminate the employment of any officer or employee of the CIA, the Clandestine Service, or the Staff when necessary or advisable for U.S. interests. (Sec. 233) Requires the DCI to establish an Intelligence Community Reserve made up of former or retired members of the IC who shall return to active civilian IC status in an emergency. Provides for: (1) monetary incentives for eligible individuals; (2) appropriate training and support; (3) service agreements; and (4) the relationship of such service to employment provisions of the Central Intelligence Agency Voluntary Separation Pay Act. Subtitle D: Infrastructure Support Office - Establishes within the IC the Infrastructure Support Office, headed by a Director appointed by the DCI. Requires such Director to: (1) be responsible for administrative and logistical functions relating to infrastructure and services of common concern to elements of the IC, including personnel management, security, community-level training, communications, and automation; and (2) establish standards and information architectures for automation equipment throughout the IC. Subtitle E: Intelligence Community Administration - Provides for the content of nondisclosure agreements executed by persons, other than U.S. employees or officers, who are connected with the conduct of an intelligence or intelligence-related activity. (Sec. 252) Requires the sharing and reporting of counterintelligence and espionage information between the Federal Bureau of Investigation (FBI) and other executive departments and agencies. Authorizes the President to waive such requirements to meet extraordinary national security interests and to notify the congressional intelligence committees. Requires the FBI Director to report annually to such committees and the House and Senate Judiciary Committees with respect to compliance with the information sharing requirements. (Sec. 253) Requires the DCI to direct that elements of the IC, when compatible with national security interests and fiscally sound, award contracts in a manner that would maximize the procurement of products in the United States. Title III: Intelligence Community Agencies - Subtitle A: Central Intelligence Agency - Establishes the CIA as the principal all-source national intelligence analytical agency, to be headed by the DCI who shall carry out functions through the Deputy Director of Central Intelligence. Requires the DCI to: (1) correlate and evaluate intelligence related to the national security of national intelligence; (2) disseminate such intelligence; (3) coordinate analyses conducted by the IC and establish procedures for collaborative all-source analysis; (4) produce national intelligence estimates; and (5) manage the acquisition and incorporation of all-source intelligence into the community all-source analytical process. Subtitle B: The Clandestine Service - Establishes within the executive branch as an independent entity the Clandestine Service to be headed by the DCI and administered by a Director. Allows for deputy directors of such Service, with one designated as the Deputy Director for Clandestine Military Activities and Support. Requires the Service to collect national intelligence through clandestine means, using elements of the IC. Subtitle C: The National Intelligence Evaluation Council - Establishes within the IC the National Intelligence Evaluation Council to evaluate IC-wide collection and production of intelligence, as well as the requirements and resources for such collection and production. Requires the DCI to provide for necessary Council staffing. Title IV: Department of Defense Functions in the Intelligence Community - Subtitle A: Secretary of Defense - Requires the Secretary of Defense to perform such intelligence functions as may be directed by the President. (Sec. 402) Requires the Secretary to ensure that the budget elements of the IC within the Department of Defense (DOD) for any fiscal year are adequate to satisfy overall DOD intelligence needs. (Sec. 403) Directs the Secretary to eliminate waste and unnecessary duplication among DOD intelligence activities and to ensure: (1) appropriate implementation of the policies and resource decisions of the DCI by elements of the DOD within the NFIP; (2) compatibility of DOD tactical intelligence activities with related activities under the NFIP; (3) that elements of the IC within DOD are responsive and timely in satisfying the needs of operational military forces; and (4) that DOD intelligence activities, when appropriate, are conducted jointly and cooperatively with elements of the IC outside DOD. Authorizes the Secretary to use appropriate DOD elements to perform intelligence functions identified under this Act. Subtitle B: Director of Military Intelligence - Establishes the position of Director of Military Intelligence as the senior military intelligence adviser to the Secretary. Requires such Director to act as the: (1) Director of the Defense Intelligence Agency; (2) program manager for the Joint Military Intelligence Program (JMIP); and (3) program coordinator for activities of DOD known as Tactical Intelligence and Related Activities (TIARA). (Sec. 423) Requires such Director to be accountable in matters relating to the collection and prosecution of national intelligence and responsible for: (1) ensuring that the intelligence requirements of the Secretary and the Joint Chiefs of Staff (JCS) are met; (2) the development and submission of the JMIP for any fiscal year; and (3) the development and submission of the TIARA budget, as well as the budget for the NFIP. Subtitle C: The Military Departments - Requires the Secretaries of the military departments to maintain sufficient capabilities to collect and produce intelligence to meet the requirements of the DCI, the Secretary, or the JCS Chairman, as well as the specialized intelligence requirements of the various military departments. Requires such Secretaries to maintain such capabilities jointly as much as possible, in the most cost-effective and efficient form. Subtitle D: Planning and Budgeting - States that the JMIP consists of those DOD programs, projects, and activities that are intended to provide intelligence, surveillance, and reconnaissance capabilities that support multiple defense-wide or joint theater-level consumers. Outlines specific JMIP programs. (Sec. 452) States that TIARA programs, projects, and activities are those which provide intelligence, surveillance, and reconnaissance capabilities that are unique and organic to one of the military services at the component level or below. (Sec. 453) Prohibits the Secretary from adding to or removing program elements from the JMIP or TIARA for any fiscal year unless the Secretary includes notice of such change within the justification materials submitted to the congressional intelligence committees for the preceding fiscal year. Title V: Department of Defense Agencies in the Intelligence Community - Subtitle A: Defense Intelligence Agency - Establishes within DOD the Defense Intelligence Agency, headed by the Director of Military Intelligence, to produce and disseminate timely, objective military and military-related intelligence based on all sources available to the IC. Subtitle B: Technical Collection Agency - Establishes within DOD the Technical Collections Agency (TCA) to collect and carry out the exploitation of all forms of intelligence other than open source and human intelligence, including signals intelligence, imagery intelligence, and measurement and signatures intelligence. Subtitle C: Technology Development Office - Establishes within DOD a Technology Development Office to be headed by a Director who shall serve as the sole agent within the IC for the conduct of research, development, test, and evaluation for procurement and for the launch of required satellite reconnaissance systems. Requires such Director to acquire and operate related reconnaissance and sensor systems within the NFIP and the JMIP. Title VI: National Security Council and Related Boards and Committees - Includes within the NSC only the President, Vice President, Secretary of State, and Secretary of Defense. Allows additional officers designated by the President to attend NSC meetings. Requires the NSC to advise the President with respect to the integration of domestic, foreign, and military policies relating to the national security so as to enable the military services and other Federal departments and agencies to cooperate more effectively in national security matters. (Sec. 602) Establishes within the NSC the Committee on Foreign Intelligence to: (1) establish the overall requirements and priorities for the IC; and (2) regularly assess the effectiveness of the IC in performing its responsibilities under the National Security Act of 1947 and the Intelligence Community Act. Requires the Committee to meet at least semiannually with the congressional intelligence committees to conduct a comprehensive, global strategic intelligence review. (Sec. 603) Prohibits any employee or individual assigned to the staff of the NSC from participating directly in the execution of an intelligence operation. Title VII: Technical and Conforming Amendments - Subtitle A: Amendments Related to Creation of Technical Collection Agency - Makes technical and conforming amendments necessitated by the creation of the TCA under this Act, including the renaming of the National Security Agency Act of 1959 as the Technical Collection Agency Act of 1996. Authorizes the TCA Director to establish a Cryptologic Linguist Reserve and to carry out other specified cryptologic functions. Subtitle B: Amendments Related to Creation of Clandestine Service - Makes technical and conforming amendments necessitated by the creation of the Clandestine Service. Subtitle C: Amendments Related to Inspector General for the Intelligence Community - Redesignates the CIA Inspector General as the Inspector General for the Intelligence Community. Increases such Inspector General's scope of authority to include all intelligence agencies. Subtitle D: Repeals of Provisions Recodified in New Act - Repeals specified provisions of prior year intelligence authorization Acts, defense appropriations Acts, the National Security Act of 1947, and other Federal law made inconsistent by changes made under this Act. Subtitle E: Other Amendments - Makes conforming and technical amendments to the National Security Act of 1947 and other Federal law. Title VIII: Transfer of Functions, Savings Provisions, and Effective Date - Subtitle A: Transfers of Functions to Intelligence Community Agencies Other Than Agencies in Department of Defense - Transfers to the Clandestine Service certain clandestine operations functions currently performed within DOD. Abolishes within the CIA: (1) the Directorate of Operations; (2) the Directorate of Science and Technology; and (3) the Directorate of Administration. (Sec. 802) Abolishes the National Intelligence Council. Subtitle B: Transfers of Functions to Intelligence Community Agencies in Department of Defense - Transfers to the TCA functions currently vested in the National Security Agency, the National Reconnaissance Office, and the Central Imagery Office. (Sec. 812) Transfers to the Technical Development Office functions currently performed by the National Reconnaissance Office, the Defense Airborne Reconnaissance Office, and the Director of Science and Technology of the CIA. (Sec. 813) Abolishes the National Security Agency, the National Reconnaissance Office, and the Central Imagery Office. Subtitle C: General Transfer Provisions - Transfers necessary functions, appropriations, and personnel under subtitles A and B. Subtitle D: General Savings Provisions - Provides general savings provisions for operations, activities, and proceedings undertaken before enactment of this title. Subtitle E: Effective Date - Makes this Act and its amendments effective six months after enactment, unless the President prescribes an earlier date (which must be published in the Federal Register).
Bill· HRH.R. 3241 (104th)open
United States · United States Congress · 15 April 1996
TABLE OF CONTENTS: Title I: Tax Treatment of Empowerment Zones and Enterprise Communities Subtitle A: Designation of Additional Empowerment Zones Subtitle B: Increased Incentives for Empowerments Zones and Enterprise Communities Subtitle C: Brownfields Redevelopment Act Title II: Assistance for Infrastructure Improvements and Development Title III: Additional Benefits for Empowerment Zones and Enterprise Communities Title IV: Regulatory Flexibility More Power for Empowerment Zones Act of 1996 - Title I: Tax Treatment of Empowerment Zones and Enterprise Communities - Subtitle A: Designation of Additional Empowerment Zones - Amends the Internal Revenue Code to authorize the designation of additional empowerment zones. Subtitle B: Increased Incentives for Empowerments Zones and Enterprise Communities - Modifies requirements regarding: (1) the tax exempt status of enterprize zone facility bonds; and (2) expensing. (Sec. 114) Excludes from gross income capital gains on zone assets. Allows deductions for the purchase of enterprise zone stock. (Sec. 115) Allows a business investment deduction for commercial revitalization. Subtitle C: Brownfields Redevelopment Act - Allows: (1) a business credit for empowerment zones for 50 percent of the costs of environmental remediation; and (2) the use of redevelopment bonds for environmental remediation. Title II: Assistance for Infrastructure Improvements and Development - Authorizes the Secretary of Housing and Urban Development to: (1) guarantee debt instruments issued by local governments or their designated agencies to finance infrastructure activities to be carried out in empowerment zones or enterprise communities; and (2) require the local government to provide security. Mandates a revolving fund to make loans to local governments for infrastructure activities in empowerment zones or enterprise communities. Authorizes grants to local governments for infrastructure activities in empowerment zones or enterprise communities. Title III: Additional Benefits for Empowerment Zones and Enterprise Communities - Give Students the Power to Work Program Act - Authorizes grants to local educational agencies in empowerment zones to provide students with employment skills and technologies necessary to sustain or improve businesses and industries in the zones. Authorizes appropriations. (Sec. 302) Requires that, notwithstanding any other provision of law, at least 15 percent of U.S. assistance under the Foreign Assistance Act of 1961, the Arms Export Control Act, and the Support for East European Democracy (SEED) Act of 1989 be provided in the form of credits that may only be used for the purchase of U.S. goods produced, manufactured, or assembled in empowerment zones, enterprise communities, or enterprise zones in the United States. (Sec. 303) Amends the Federal Property and Administrative Services Act of 1949 and provisions of Federal law relating to the armed forces to require that at least 15 percent of procurement be obligated for contracts to be carried out by entities in empowerment zones or enterprise communities. (Sec. 304) Amends the Solid Waste Disposal Act to require that certain items be procured from entities in empowerment zones or enterprise communities. (Sec. 305) Authorizes grants to a State or local government for innovative programs for the transportation needs of an empowerment zone. Authorizes appropriations. Title IV: Regulatory Flexibility - Amends Federal law to include enterprise zone businesses, units of government that nominate empowerment zones or enterprise communities, and nonprofit enterprises carrying out a significant portion of their activities in such a zone or community in the definition of "small entity" for provisions relating to analysis of regulatory functions. Authorizes an agency to waive or modify all or part of any rule the agency has the authority to promulgate concerning activities in such a zone or community.
Bill· HRH.R. 3245 (104th)referred
United States · United States Congress · 15 April 1996
Education Affordability Act of 1996 - Amends the Internal Revenue Code to allow an individual a deduction for the amount of qualified higher education expenses paid by the individual. Limits the amount allowed to $5,000 ($2,500 in case of a married individual filing separately). Provides for a limitation based on modified adjusted gross income and other limitations.
Bill· HRH.R. 3244 (104th)open
United States · United States Congress · 15 April 1996
District of Columbia Economic Recovery Act - Amends the Internal Revenue Code to set forth a limitation on the income tax imposed on individuals who are residents of the District of Columbia. Specifies that the limitation is the sum of: (1) 15 percent of so much District-sourced income as exceeds the exemption amount; and (2) the average rate of the non-District-sourced adjusted gross income. Sets forth definitions, including for "resident of the District of Columbia" and "exemption amount." Provides for the tax treatment of certain sources of income.
Law· HRH.R. 3230 (104th)enacted
United States · United States Congress · 15 April 1996
TABLE OF CONTENTS: Title I: Procurement Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title II: Research, Development, Test, and Evaluation Title III: Operation and Maintenance Subtitle A: Authorization of Appropriations Subtitle B: Other Matters Title IV: Military Personnel Authorizations Subtitle A: Active Forces Subtitle B: Reserve Forces Title V: Military Personnel Policy Subtitle A: Matters Relating to Reserve Components Subtitle B: Officer Education Programs Subtitle C: Other Matters Title VI: Compensation and Other Personnel Benefits Subtitle A: Pay and Allowances Subtitle B: Extension of Bonus and Incentive Pays Subtitle C: Travel and Transportation Allowances Subtitle D: Retired Pay, Survivor Benefits, and Related Matters Subtitle E: Other Matters Title VII: Health Care Provisions Title VIII: Acquisition and Related Matters Title IX: Organization and Management Subtitle A: General Matters Subtitle B: Financial Management Title X: General Provisions Subtitle A: Financial Matters Subtitle B: Civilian Personnel Subtitle C: Reporting Requirements Subtitle D: Matters Relating to Other Nations Subtitle E: Other Matters Title XXI(sic): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure and Realignment and Environment Subtitle C: Land Conveyance Subtitle D: Other Matters National Defense Authorization Act for Fiscal Year 1997 - Title I: Procurement - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1997 for procurement to the Army, Navy and Marine Corps, and Air Force for aircraft, missiles, weapons and tracked combat vehicles, ammunition, shipbuilding and conversion, and other procurement. Authorizes appropriations for FY 1997 for: (1) defense-wide procurement; (2) the Defense Inspector General; (3) the Defense Health Program; and (4) the chemical demilitarization program. Subtitle B: Other Matters - States that a current prohibition under a prior defense authorization Act against the new production of F-15E aircraft shall not apply to the obligation of funds authorized and appropriated for FY 1996 or to any appropriation or authorization for the Department of Defense (DOD) for FY 1997. (Sec. 111) Increases the research and development and total procurement thresholds for a system to be considered a "major system" for DOD procurement purposes. Authorizes the Secretary of Defense (Secretary) to adjust such amounts on the basis of DOD escalation rates, after notifying the Senate Armed Services and House National Security Committees. (Sec. 112) Strikes certain information concerning the completion status of major defense acquisition programs from information required to be contained in Selected Acquisition Reports for such programs. Requires such Reports to include procurement unit cost (currently, program acquisition unit cost). Title II: Research, Development, Test, and Evaluation - Authorizes appropriations for FY 1997 for the armed forces for research, development, test, and evaluation. (Sec. 202) Authorizes the Secretary to waive the live-fire survivability testing requirements with respect to V-22 aircraft. Provides for an alternative live-fire test program. Provides funding. (Sec. 203) Authorizes such live-fire test waiver with respect to the F-22 aircraft, requiring an alternative live-fire test program if the Secretary certifies that normal testing would be unreasonably expensive and impractical. Provides funding. (Sec. 204) Authorizes the Director of the Defense Advanced Research Projects Agency to conduct basic and applied research and advanced technology development on chemical and biological warfare defense technologies and systems, independent of any other DOD component. Title III: Operation and Maintenance - Subtitle A: Authorization of Appropriations - Authorizes appropriations for FY 1997 for operation and maintenance for the armed forces and specified activities and agencies of DOD. Authorizes appropriations for FY 1997 to DOD for working capital and revolving funds. Subtitle B: Other Matters - Provides additional remedies for employees of defense contractors who disclose information regarding a substantial violation of law (whistle blowers). (Sec. 311) Repeals the requirement of a physical examination for members of the National Guard called into Federal service. (Sec. 312) Defines "capital assets" for purposes of assets in the Defense Business Operations Fund as those having a development or acquisition cost of not less than $100,000 (currently, $50,000). Title IV: Military Personnel Authorizations - Subtitle A: Active Forces - Sets forth the authorized end strengths for active-duty forces as of the end of FY 1997. (Sec. 402) Excludes from active-duty end strength limits those members of the reserve serving on active duty for 181 days or more to perform special work in support of peacetime requirements of the active components and combatant commands. Subtitle B: Reserve Forces - Sets forth the authorized end strengths as of the end of FY 1997 for members of the Selected Reserve and reserve personnel on active duty in support of the reserves. Title V: Military Personnel Policy - Subtitle A: Matters Relating to Reserve Components - Provides that reserve officers in an inactive status who are required to be removed from such status: (1) shall be transferred to the Retired Reserve; or (2) may be discharged from their appointment. (Sec. 502) Provides an exception from the requirement of a baccalaureate degree for appointment to a grade above O-2 in the Naval Reserve in the case of persons appointed for service under either the Naval Aviation Cadet (current law) or Seaman to Admiral Program. (Sec. 503) Authorizes the Secretary to carry out in the United States a test program under which those reserve members eligible for commissary use will be permitted to use such stores on the same basis as members on active duty. Requires the Secretary to report test program results to the Congress. (Sec. 504) Provides an exception from the prohibition against the involuntary release or discharge of reserve personnel within two years of eligibility for retirement in the case of members who serve on active duty (other than for training) for a period of less than 180 days, as long as such member is informed of and consents to such exception prior to commencing such active duty. (Sec. 505) Requires an individual to have received his or her baccalaureate degree within eight (currently, three) years of appointment to a reserve officer position in order to meet the Selected Reserve officer education requirement. (Sec. 507) Increases the authorized activities of members of the reserve called to active duty for the purpose of organizing, administering, recruiting, instructing, or training the reserve components. Subtitle B: Officer Education Programs - Extends from under 25 to under 27 years old the age limit for initial appointment as a cadet or midshipman in the Senior Reserve Officers' Training Corps and the military service academies. (Sec. 511) Authorizes the Secretary of the military department concerned to provide financial assistance to a student enrolled in an advanced educational program beyond the baccalaureate degree level, as long as such student is also a cadet or midshipman in an advanced training program. Subtitle C: Other Matters - Reduces from three to two years the minimum time in grade required before a chief warrant officer may be considered for promotion. Authorizes warrant officers below the promotion zone to be selected for promotion to the grade of chief warrant officer, W-3. (Sec. 517) Repeals Federal provisions allowing for judicial review of a determination of death of a person previously in a missing status during service in the armed forces, as well as special interest cases eligible for review. Requires the Secretary of the military department concerned (currently, the theater component commander) to transmit within ten days (currently, 48 hours) after a preliminary status assessment a recommendation that a person be placed in a missing status. Requires the Secretary concerned to perform all duties currently required of the theater component commander with respect to such persons and their status. Repeals: (1) the requirement of appointment of counsel to represent a missing person during an inquiry into the status of such person; (2) the requirement that subsequent reviews of a person's status as missing occur at least every three years (instead requiring such review upon receipt of information that may result in a change of status of the missing person); (3) a provision providing civil and criminal penalties for the wrongful withholding of information concerning a person's status; (4) the requirement that certain information be submitted by a board of inquiry making a recommendation that a missing person be declared dead; and (5) the inclusion of DOD civilian and defense contractor employees as covered persons under such provisions. (Sec. 518) Makes permanent (currently ends September 30, 1996) the authority for the temporary promotion of certain Navy lieutenants. (Sec. 519) Authorizes the Secretary concerned, when considered expeditious, to extend for up to 180 days beyond the current limit of 365 days after enlistment in a reserve component the active-duty entry date under the delayed entry program. Title VI: Compensation and Other Personnel Benefits - Subtitle A: Pay and Allowances - Waives any FY 1997 military pay increases tied to increases in the General Schedule of Compensation for Government employees. Increases by 3.0 percent, effective on January 1, 1997, the rates of basic pay, basic allowance for subsistence, and basic allowance for quarters (BAQ). (Sec. 602) Prohibits the payment of a BAQ to a member of the Ready Reserve who is serving on active duty for 15 days or less and provided government quarters, unless such member is accompanied by his or her dependents. (Sec. 603) Authorizes the Secretary concerned to pay a BAQ for a member who is without dependents, serving in pay grade E-5, and assigned to sea duty. Authorizes the payment of a BAQ to two members in pay grades below E-6 who are married to each other without dependents and simultaneously assigned to sea duty on ships. (Sec. 604) Repeals a provision which requires the rate of monthly cadet or midshipman pay to be adjusted in the same manner and time as the adjustment of pay to military personnel in connection with General Schedule increases. Subtitle B: Extension of Bonus and Incentive Pays - Extends through FY 1999 specified authorities currently scheduled to expire at the end of FY 1997 with respect to certain special pay and bonus programs within the regular and reserve armed forces. Subtitle C: Travel and Transportation Allowances - Allows, as part of the transportation allowance for the transport of a motor vehicle in connection with a permanent change of duty station, a monetary allowance to be paid for: (1) return travel to the old duty station; or (2) travel from the new duty station to the port of debarkation to pick up the vehicle. (Sec. 611) Authorizes the Secretary to reimburse board members of the DOD domestic dependent school system for travel and transportation expenses which include program and activity fees, when the Secretary determines that such programs and activities are reasonable and necessary for the performance of school board duties. (Sec. 612) Provides that, when a member of the armed forces is ordered to a foreign country and the laws of such country prohibit or restrict the entry of a motor vehicle, such member may elect to receive paid storage of such vehicle in lieu of the normal transportation allowance for such vehicle. (Sec. 613) Repeals a Federal provision prohibiting the payment of lodging expenses of a DOD civilian employee on official business away from home when adequate Government quarters are available. Subtitle D: Retired Pay, Survivor Benefits, and Related Matters - Makes March 1996 the effective date of an increase in military retired pay which became effective on December 1, 1995. Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a provision which provides a contingent alternative effective date for the military pay increase for FY 1998. (Sec. 616) States that the dependents of members of the Selected Reserve, like the members themselves, shall be permitted the use of certain morale, welfare, and recreation facilities of DOD on the same basis as members on active duty. Makes an identical allowance for dependents of members of the armed forces who would otherwise be eligible for military retired pay but for the fact that they are under 60 years of age. Subtitle E: Other Matters - Authorizes the payment of retirement benefits, eligibility for placement on the temporary disability retirement list, or eligibility for separation with severance pay for active-duty personnel who are: (1) not entitled to basic pay due to participation in an educational program; and (2) unfit to perform their duties because of a disability incurred while participating in such program. (Sec. 621) Amends Federal provisions concerning the payment of military retired or retainer pay to survivors and dependents of military personnel to: (1) include facsimile or other electronic transmission as a valid service of process; (2) require a finding of proper jurisdiction before a court of one state can modify or alter an original court order from another state; and (3) provide that the effective date of the termination of retirement benefits for a person who has been sentenced by a court-martial shall be the date of discharge from the uniformed services. (Sec. 622) Allows a member whose travel to a new duty station is delayed by participation in a critical operational mission to defer such travel (for which a travel or transportation allowance is authorized) for up to one year after assignment to such mission. Title VII: Health Care Provisions - Amends the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to authorize the Secretary to pay amounts for covered services which are higher than prescribed limits when enrollees in managed care programs obtain covered services (currently, covered emergency services) from nonparticipating providers. (Sec. 702) Repeals statutory restrictions on the use of DOD funds or facilities to perform abortions. (Sec. 703) Provides CHAMPUS medical and dental care benefits for reserve personnel who incur or aggravate an injury, illness, or disease: (1) in the line of duty while performing active duty, active or inactive duty training, or full-time National Guard duty; (2) while traveling to or from such duty or training; or (3) in the line of duty while remaining overnight, between successive periods of inactive duty training, in a site beyond reasonable commuting distance from the member's residence. Authorizes the following for members described under (3), above: (1) the recovery, care, and disposition of remains; (2) eligibility for retirement pay upon separation due to disability after 30 days or less of active-duty service; (3) entitlement to basic pay; and (4) compensation for inactive-duty training. Title VIII: Acquisition and Related Matters - Repeals the defense procurement technical assistance cooperative agreement program. (Sec. 802) Amends the National Defense Authorization Act: (1) for Fiscal Year 1991 to extend through FY 1998 the pilot Mentor-Protege Program; and (2) for Fiscal Year 1994 to extend through FY 1999 the authority of the Director of the Defense Advanced Research Projects Agency to carry out prototype activities directly relevant to weapons or weapon systems proposed to be acquired or developed by DOD. Authorizes the Secretary to conduct a follow-on acquisition of any prototype or technology demonstrator developed in connection with such activities. (Sec. 803) Provides that any subdivision of appropriations made in this Act and hereafter under the heading "Shipbuilding and Conversion, Navy" shall be considered to be for the same purpose as any subdivision under such heading in any prior year. (Sec. 805) Directs the Secretary to rely on the private sector for commercial or industrial type supplies and services for or beneficial to the accomplishment of authorized DOD functions, except when the Secretary determines that the function should be performed by government personnel. Empowers the Secretary to contract with private or non-government entities for the provision of such functions. Title IX: Organization and Management - Subtitle A: General Matters - Redesignates the North American Air Defense Command as the United States Element, North American Aerospace Defense Command. (Sec. 902) Authorizes civilian DOD employees to be included on ammunition storage boards. Subtitle B: Financial Management - Establishes in DOD and each of the military departments an Environmental Restoration Account. (Currently, there is established in DOD only the Defense Environmental Restoration Account.) (Sec. 911) Authorizes up to $2 million of DOD funds annually to be used for small meals and snacks during specified military recruiting functions. Title X: General Provisions - Subtitle A: Financial Matters - Repeals the requirement that amounts requested for the procurement of reserve equipment be set forth in a separate budget request. (Sec. 1002) Authorizes the Secretary to accept services as contributions for defense programs, projects, and activities. Directs the Secretary to establish written rules to be used as criteria for the acceptance of money, real or personal property, or services for such programs, projects, and activities. (Sec. 1003) Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 (base closure laws) to provide for the disposition of funds arising from the disposal of real property or facilities acquired, constructed, or improved with commissary store or nonappropriated funds in connection with the closure or realignment of a military installation under a base closure law. Subtitle B: Civilian Personnel - Authorizes the Secretary to employ necessary civilian faculty personnel at the Asia-Pacific Center for Security Studies. (Sec. 1012) Excepts from the competitive service non-attorney positions established in a judge's chambers of the U.S. Court of Appeals for the Armed Forces. (Sec. 1013) Amends the National Defense Authorization Act for Fiscal Year 1996 to repeal a provision which requires the Secretary to convert at least 10,000 military positions to civilian positions by the end of FY 1997. Subtitle C: Reporting Requirements - Amends the National Defense Authorization Act for Fiscal Years 1990 and 1991 to strike certain information currently required in an annual report concerning the ballistic missile defense program. (Sec. 1022) Repeals a requirement for an annual report from the Secretary to the Congress on defense contractor reimbursement costs. (Sec. 1023) Amends the National Defense Authorization Act for Fiscal Year 1991 to repeal provisions requiring certain notification to parties substantially or seriously affected by military budget reductions, the closure or realignment of military installations, or the cancellation or curtailment of major defense contracts. Subtitle D: Matters Relating to Other Nations - Includes within the provision of international demining activities the payment of travel and subsistence expenses of persons participating in such program and the costs of equipment, supplies, and services acquired to carry out such program. Subtitle E: Other Matters - Repeals the requirement that the National Defense Technology and Industrial Base Council (Council) prepare specified periodic assessments and plans. Directs the Secretary to establish a program for analysis of national technology and industrial base (NTIB) issues, policies, and programs. Repeals specified provisions concerning administration, contracting, coordination and supervision with regard to such program. Directs the Secretary (currently, the Council) to prepare annually through FY 1998 (currently, 1997) selected assessments of the NTIB in attaining national security requirements. Outlines assessment requirements, requiring its integration with DOD's overall budget, acquisition, and logistics decision-making processes. Directs the Secretary to prescribe departmental guidance appropriate to implement the national security objectives of the President. Requires a report from the Secretary to the Congress concerning such guidance. Directs the Secretary to report to the Congress in 1997 and 1998 on such guidance and the addressing of technological and industrial concerns. Repeals a provision requiring the Secretary to coordinate the encouragement of technology transfer with the Council. Empowers the Secretary (currently, the Council) with the authority to appoint members for the Military-Civilian Integration and Technology Transfer Advisory Board, as well as related authority. Repeals the requirement that the National Defense Manufacturing Technology Program be coordinated with the NTIB. (Sec. 1031) Amends the Defense Authorization Amendments and Base Closure and Realignment Act of 1988 to authorize the Secretary to transfer real property located at military installations to be closed to a military department or other entity within DOD or the Coast Guard. (Sec. 1032) Amends the National Defense Authorization Act: (1) for Fiscal Year 1993 to require the Assistant Secretary of the Army for Research, Development, and Acquisition (currently, for Installations, Logistics and Environment) to participate in functions and meetings of State chemical demilitarization citizens advisory commissions; and (2) for Fiscal Years 1990 and 1991 to repeal a provision which terminates at the end of FY 1997 the authority of the Secretary to transfer DOD excess personal property to Federal and State agencies. (Sec. 1034) Transfers to the Secretary (currently, the Secretaries of the Army and Air Force) the authority to control U.S. transportation systems in time of war. (Sec. 1035) Redesignates the: (1) Naval Records and History Gift Fund as the Naval Historical Center Fund; and (2) Office of Naval Records and History as the Naval Historical Center. (Sec. 1036) Repeals a Federal provision directing the Secretary to authorize commissary and exchange officials to negotiate directly with private carriers for the most cost-effective transportation of commissary and exchange supplies by sea without relying on the Military Sealift Command or the Military Traffic Management Command. (Sec. 1037) Authorizes the Secretary or the Secretary of a military department to enter into cooperative agreements for the preservation, management, maintenance, research, and improvement of cultural resources on military installations. (Sec. 1038) Authorizes the President to award the Medal of Honor to certain named individuals for extraordinary service in the Army during World War II. (Sec. 1039) Revises generally provisions authorizing the Secretary to lend material, supplies, and personnel services to the Inaugural Committee. Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1996 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 2404) Earmarks funds authorized under this title for the Department of Defense Family Housing Improvement Fund for appropriate uses. (Sec. 2405) Authorizes the Secretary to carry out certain energy conservation projects. (Sec. 2406) Authorizes appropriations to DOD for fiscal years after 1996 for military construction, land acquisition, and military family housing functions of DOD. Limits the total cost of construction projects authorized by this title. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program and authorizes appropriations for fiscal years after 1996 for such contributions. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1996 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Authorizes specified Army National Guard military construction projects and architectural and engineering services and construction design, using prior year appropriations. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the titles XXI through XXVI of this Act on October 1, 1999, or the date of enactment of an Act authorizing funds for military construction for FY 2000, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases: (1) from $300,000 to $350,000 the active and reserve component minor construction threshold for a project the Secretary may carry out using operation and maintenance funds without prior approval from the appropriate congressional committees; and (2) from $400,000 to $1.5 million the reserve component minor construction project threshold beyond which congressional notification and a 21-day waiting period are required. (Sec. 2802) Includes major maintenance and the repair of drives within the definition of an "improvement" for purposes of authorized improvements to military family housing. Subtitle B: Base Closure and Realignment and Environment - Amends the base closure laws to authorize the Secretary to contract with local governments for the provision of certain community services at facilities on installations closed pursuant to such laws. (Sec. 2806) Authorizes the Secretary to pay from the Department of Defense Base Closure Account (Part II) up to $50,000 for stipulated environmental damages assessed against Loring Air Force Base, Maine. Subtitle C: Land Conveyance - Authorizes the Secretary of the Army to convey to: (1) Richmond or Madison County, Kentucky, a specified sewage collection, treatment, and disposal system at Blue Grass Army Depot, Kentucky; (2) the Dublin San Ramon Services District, California, a specified water treatment and distribution system at Camp Parks, California; (3) Leavenworth, Kansas, a specified water treatment and distribution system at Fort Leavenworth, Kansas; (4) Pierce County, Washington, a specified sewage collection, treatment, and disposal system at Fort Lewis, Washington; (5) Odenton, Maryland, a specified water treatment and distribution system at Fort Meade, Maryland; (6) Monmouth County, New Jersey, a specified water treatment and distribution system at Fort Monmouth, New Jersey; and (7) Hinesville, Georgia, a specified sewage collection, treatment, and disposal system at the Hunter Army Air Field, Fort Stewart, Georgia. (Sec. 2814) Authorizes the Secretary of the military department concerned to grant an easement for rights-of-way for electric power or communication poles and lines. Subtitle D: Other Matters - Authorizes the Secretary of the Air Force to enter into an agreement with a local electric utility or private company to have such utility or company install, operate, and maintain a new electrical distribution system at Youngstown Air Reserve Station, Ohio. Provides agreement conditions. Provides funds for such system from funds authorized and appropriated for FY 1996.
Bill· HRH.R. 3243 (104th)referred
United States · United States Congress · 15 April 1996
Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a State, in order not to reduce by 50 percent the funds available for a fiscal year under the drug control and justice system improvement grant program, to have in effect a law which: (1) makes it unlawful to attempt to murder a woman whom the person knows is pregnant if death of the fetus results; and (2) provides a sentence of not less than 30 years or life imprisonment.
Bill· HRH.R. 3240 (104th)referred
United States · United States Congress · 15 April 1996
Amends the Internal Revenue Code to revise provisions concerning the lobbying prohibition applicable to certain charities.
Bill· HRH.R. 3231 (104th)referred
United States · United States Congress · 15 April 1996
TABLE OF CONTENTS: Title XXI(SIC): Army Title XXII: Navy Title XXIII: Air Force Title XXIV: Defense Agencies Title XXV: North Atlantic Treaty Organization Security Investment Program Title XXVI: Guard and Reserve Forces Facilities Title XXVII: Expiration and Extension of Authorizations Title XXVIII: General Provisions Subtitle A: Military Construction Program and Military Family Housing Changes Subtitle B: Base Closure and Realignment and Environment Subtitle C: Land Conveyance Subtitle D: Other Matters Military Construction Authorization Act for Fiscal Year 1997 - Title XXI(sic): Army - Authorizes the Secretary of the Army to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to construct or acquire family housing units, to carry out architectural planning and design activities, and to improve existing military family housing in specified amounts. Authorizes appropriations to the Army for fiscal years after 1996 for military construction, land acquisition, and military family housing functions of the Army. Limits the total cost of construction projects authorized by this title. Title XXII: Navy - Provides, with respect to the Navy, authorizations paralleling those provided for the Army under the previous title. Title XXIII: Air Force - Provides, with respect to the Air Force, authorizations paralleling those provided for the Army. Title XXIV: Defense Agencies - Authorizes the Secretary of Defense (Secretary) to acquire real property and carry out military construction projects in specified amounts at specified installations and locations. Authorizes the Secretary to carry out architectural planning and design activities and to improve existing military family housing units, in specified amounts. (Sec. 2404) Earmarks funds authorized under this title for the Department of Defense (DOD) Family Housing Improvement Fund. (Sec. 2405) Authorizes the Secretary to carry out specified energy conservation projects. (Sec. 2406) Authorizes appropriations to DOD for fiscal years after 1996 for military construction, land acquisition, and military family housing functions. Limits the total cost of authorized construction projects. Title XXV: North Atlantic Treaty Organization Security Investment Program - Authorizes the Secretary to make contributions for the North Atlantic Treaty Organization (NATO) Security Investment Program. Authorizes appropriations for fiscal years after 1996. Title XXVI: Guard and Reserve Forces Facilities - Authorizes appropriations for fiscal years after 1996 for the Guard and Reserve forces for acquisition, architectural and engineering services, and construction of facilities. (Sec. 2602) Authorizes specified Army National Guard military construction projects and architectural and engineering services and construction design, using prior year appropriations. Title XXVII: Expiration and Extension of Authorizations - Terminates all authorizations contained in the preceding titles of this Act on October 1, 1999, or the date of enactment of an Act authorizing funds for military construction for FY 2000, whichever is later, with exceptions. Extends certain prior-year military construction projects. Title XXVIII: General Provisions - Subtitle A: Military Construction Program and Military Family Housing Changes - Increases: (1) from $300,000 to $350,000 the active and reserve component minor construction threshold for a project the Secretary may carry out using operation and maintenance funds without prior approval from the appropriate congressional committees; and (2) from $400,000 to $1.5 million the reserve component minor construction project threshold beyond which congressional notification and a 21-day waiting period are required. (Sec. 2802) Includes major maintenance and the repair of drives within the definition of an "improvement" for purposes of authorized improvements to military family housing. Subtitle B: Base Closure and Realignment and Environment - Amends the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990 to authorize the Secretary to contract with local governments for the provision of certain community services at facilities on installations closed pursuant to such laws. (Sec. 2806) Authorizes the Secretary to pay from the Department of Defense Base Closure Account (Part II) up to $50,000 for stipulated environmental damages assessed against Loring Air Force Base, Maine. Subtitle C: Land Conveyance - Authorizes the Secretary of the Army to convey to: (1) Richmond or Madison County, Kentucky, a specified sewage collection, treatment, and disposal system at Bluegrass Army Depot, Kentucky; (2) the Dublin San Ramon Services District, California, a specified water treatment and distribution system at Camp Parks, California; (3) Leavenworth, Kansas, a specified water treatment and distribution system at Fort Leavenworth, Kansas; (4) Pierce County, Washington, a specified sewage collection, treatment, and disposal system at Fort Lewis, Washington; (5) Odenton, Maryland, a specified water treatment and distribution system at Fort Meade, Maryland; (6) Monmouth County, New Jersey, a specified water treatment and distribution system at Fort Monmouth, New Jersey; and (7) Hinesville, Georgia, a specified sewage collection, treatment, and disposal system at the Hunter Army Air Field, Fort Stewart, Georgia. (Sec. 2814) Authorizes the Secretary of the military department concerned to grant an easement for rights-of-way for electric power or communication poles and lines. Subtitle D: Other Matters - Authorizes the Secretary of the Air Force to enter into an agreement with a local electric utility or private company to install, operate, and maintain a new electrical distribution system at Youngstown Air Reserve Station, Ohio. Provides agreement conditions. Provides funds for such system from funds authorized and appropriated for FY 1996.
Bill· SS. 1664 (104th)open
United States · United States Congress · 10 April 1996
TABLE OF CONTENTS: Title I: Immigration Control Subtitle A: Law Enforcement Subtitle B: Other Control Measures Subtitle C: Effective Dates Title II: Financial Responsibility Subtitle A: Receipt of Certain Government Benefits Subtitle B: Miscellaneous Provisions Subtitle C: Effective Dates Immigration Control and Financial Responsibility Act of 1996 - Title I: Immigration Control - Subtitle A: Law Enforcement - Part 1: Additional Enforcement Personnel and Facilities - Directs the Attorney General to increase the number of Border Patrol agents. Authorizes the increase of Border Patrol support personnel. (Sec. 102) Authorizes appropriations to increase the number of Immigration and Naturalization Service (INS) investigators. (Sec. 103) Provides for an increase in the number of land border inspectors. (Sec. 104) Authorizes appropriations to increase the number of visa overstayer investigators and support personnel. (Sec. 105) Authorizes the Secretary of Labor to increase the number of wage and hour law investigators, with preference for bilingual personnel. (Sec. 106) Provides for an increase in INS detention facilities. (Sec. 107) Provides for a review of INS hiring and training standards. (Sec. 108) Directs the Attorney General to provide for fence construction and road improvements in the San Diego, California, border area. Authorizes appropriations. Part 2: Verification of Eligibility to Work and Receive Public Assistance - Subpart A: Development of New Verification System - Directs the President to develop a system to verify: (1) work eligibility; and (2) immigration status for public assistance eligibility. Sets forth: (1) system requirements; (2) remedies and penalties for unlawful disclosure; (3) employer safeguards; (4) document use restrictions; and (5) liability protections. (Sec. 112) Provides for related demonstration projects, including monitoring and reporting by the Comptroller General. Subpart B: Strengthening Existing Verification Procedures - Sets forth changes in employment-verification document provisions, including: (1) social security account information; (2) types of acceptable documents; (3) birth certificates; and (4) driver's licenses. Directs the Secretary of Health and Human Services to establish a National Center for Health Statistics grant fund to encourage States to develop birth and death certificate matching and related capabilities. Authorizes appropriations. (Sec. 119) Amends the Immigration and Nationality Act (Act) to increase certain employer penalties if specified labor standards violations exist. (Sec. 120) Authorizes the Attorney General to hire additional Assistant United States Attorneys to prosecute cases of unlawful employment of aliens or document fraud. Grants the Secretary of Labor and INS officers related subpoena authority. (Sec. 120B) Directs the Attorney General to establish a task force to improve public education regarding unlawful employment of aliens and unfair immigration-related employment practices. (Sec. 120C) Authorizes additional appropriations for the INS "IDENT" program (fingerprinting of apprehended aliens). Part 3: Alien Smuggling; Document Fraud - Amends Federal criminal law to: (1) authorize INS wiretaps for alien smuggling investigations; and (2) include alien smuggling and certain fraudulent document use provisions within the parameters of the Racketeer Influenced and Corrupt Organizations statute (RICO). (Sec. 123) Amends the Act to increase criminal penalties for alien smuggling. (Sec. 124) Permits deportation-related videotaped witness testimony under specified circumstances. (Sec. 125) Expands seizure and forfeiture authority for alien smuggling, document fraud violations, and unlawful employment of aliens. (Sec. 127) Revises and establishes penalty provisions for specified document-related violations. (Sec. 133) Amends Federal criminal law to increase penalties for involuntary servitude. Requires the United States Sentencing Commission to review related sentencing guidelines. Part 4: Exclusion and Deportation - Amends the Act to authorize the return of an alien arriving from a foreign territory contiguous to the United States to such territory pending further inquiry of admissibility. Authorizes the Attorney General to order the exclusion or deportation of an alien with or without referral to or from a special inquiry officer under specified circumstances, including vessel-related encounters or extraordinary migration situations (arrival of aliens in numbers of circumstances that exceed inspection capacities). Sets forth such special orders' operational and administrative provisions. (Sec. 142) Revises judicial review of orders of exclusion or deportation. (Sec. 143) Establishes civil penalties for failure to depart. Makes visa overstayers (with exceptions) ineligible for additional visas for specified time periods. (Sec. 144) Authorizes deportation proceedings by electronic means. (Sec. 145) Grants subpoena authority in exclusion or deportation proceedings. (Sec. 147) Denies visas to nationals of a country that refuses (or unduly delays) acceptance of its U.S.-deported nationals. (Sec. 148) Authorizes additional appropriations to the INS for deportation and related detention costs. (Sec. 149) Directs the Attorney General to conduct one or more pilot programs to increase deportation and exclusion efficiency. Authorizes appropriations. (Sec. 150) Revises suspension of deportation, status adjustment, and voluntary departure provisions. (Sec. 151) Defines "stowaway." Makes such persons excludable but with appealable rights to request asylum or withholding of deportation. Sets forth related carrier cost liability and detention requirements. (Sec. 152) Directs the Attorney General to establish pilot programs for: (1) deterrence of multiple unauthorized entries by aliens into the United States, including the use of interior or third country repatriation; and (2) use of closed military bases as deportable or excludable alien detention centers. (Sec. 154) Requires aliens seeking permanent residence to be immunized against vaccine-preventable diseases. (Sec. 155) Establishes certification requirements for aliens seeking U.S. health care employment (other than physicians). (Sec. 156) Lengthens the period of reentry ineligibility for deported or removed aliens. (Sec. 157) Eliminates "consular shopping" for visa overstayers. (Sec. 158) Makes "incitement" a basis for U.S. exclusion. Part 5: Criminal Aliens - Amends the Act to revise the definition of "aggravated felony." (Sec. 162) Makes an aggravated felon ineligible for status adjustment. Sets forth related provisions regarding: (1) deportation and enforceable rights; (2) custody release; and (3) an additional criminal penalty for unlawful U.S. reentry. (Sec. 165) Revises the categories of convicted aliens and the related procedures for U.S. district court judicial deportations. Permits State court findings of deportability under specified circumstances. Makes conforming amendments to: (1) the Immigration Act of 1990; and (2) the Violent Crime Control and Law Enforcement Act of 1994. (Sec. 166) Provides for a stipulated order of exclusion or deportation. (Sec. 167) Amends Federal criminal law to authorize deportation as a condition to probation under specified circumstances. (Sec. 168) Directs the Attorney General to submit an annual report on criminal aliens. (Sec. 169) Authorizes INS to conduct undercover investigations. (Sec. 170) Provides for the President to negotiate or renegotiate bilateral (alien) prisoner transfer treaties, including provision of compensation. (Sec. 170A) Directs the Secretary of State and the Attorney General to conduct a prisoner transfer treaties study. (Sec. 170D) Authorizes the Attorney General to conduct a demonstration project for identification of illegal aliens in local prisons, including the detailing of an INS specialist to Anaheim, California, to help in such training. Part 6: Miscellaneous - Amends the Act to make Federal agencies eligible for immigration emergency fund reimbursement. Amends Federal law to provide for Federal vessel movement controls in instances of anticipated or actual mass migration of aliens to the United States. Amends the Act to authorize the Attorney General to delegate immigration enforcement authority to State and local officials under such circumstances. (Sec. 173) Provides for: (1) a joint study of automated data collection at ports of entry; and (2) development of an automated (alien) entry-exit control system. (Sec. 178) Authorizes INS: (1) use of volunteers; and (2) acquisition of Federal equipment for border use. (Sec. 180) Amends the Act to place specified limitations on: (1) court jurisdiction in legalization litigation; and (2) status adjustment. (Sec. 182) Requires the Attorney General to report on alien detention space, including an estimate of the number of released deportable or excludable aliens. (Sec. 183) Sets forth special inquiry officer (immigration judge) compensation provisions. (Sec. 184) Amends the Act to authorize the Attorney General to accept State services to carry out immigration enforcement activities. (Sec. 185) Increases the number of "witness cooperation" visas. Subtitle B: Other Control Measures - Part 1: Parole Authority - Amends the Act to make parole authority useable on a case-by-case basis for humanitarian reasons or significant public benefit. (Sec. 191) Includes parolees in world-wide level of family-sponsored immigrants. Part 2: Asylum - Restricts asylum provisions, including work authorization. (Sec. 196) Authorizes the Attorney General, in order to reduce the asylum backlog, to temporarily: (1) use additional funds for property acquisition; and (2) hire Federal retirees. Part 3: Cuban Adjustment Act - Repeals the Cuban Adjustment Act. Subtitle C: Effective Dates - Sets forth specified effective dates. Title II: Financial Responsibility - Subtitle A: Receipt of Certain Government Benefits - Prohibits public assistance and benefits, with specified exceptions, to an alien who is not a permanent resident, a refugee, a parolee, an asylee, or an alien under withheld deportation. Prohibits unemployment benefits and benefits under title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to an alien who does not have work authorization. Requires the Secretary of Housing and Urban Development to report with respect to enforcement of specified alien housing assistance restrictions. (Sec. 202) Defines "public charge" for deportation purposes. (Sec. 203) Sets forth sponsor affidavit of support requirements. (Sec. 204) Attributes a sponsor's income and resources to the sponsored alien for purposes of (such alien's) public assistance eligibility. Permits similar State and local attribution. (Sec. 205) Requires the Secretary of Education and the Commissioner of Social Security to jointly report on the Department of Education's higher education assistance eligibility matching program. (Sec. 206) Authorizes States and localities to limit assistance to aliens and distinguish among classes of aliens in providing general public assistance. (Sec. 207) Denies the earned income tax credit to individuals who are not citizens or lawful permanent resident aliens. (Sec. 208) Amends Federal criminal law to increase penalties for forging or counterfeiting a Federal agency or department seal to facilitate alien benefit fraud. (Sec. 209) Amends the Social Security Act to authorizes States to place Medicaid anti-fraud investigators in hospitals. Subtitle B: Miscellaneous Provisions - Directs the Attorney General to reimburse States and localities for emergency medical services for specified aliens. (Sec. 213) Authorizes pilot projects for: (1) additional border crossing fees; and (2) expanded U.S.-Canadian port of entry hours and automated permit machines. Subtitle C: Effective Dates - Sets forth effective dates for provisions of this Act.
Bill· SS. 1663 (104th)referred
United States · United States Congress · 29 March 1996
United States Peace Tax Fund Act - Establishes the United States Peace Tax Fund to receive payments designated by qualified individuals to be used for nonmilitary purposes. Directs the Secretary of the Treasury to report annually to the Congress on amounts transferred into the Fund. Requires the information to be printed in the Congressional Record. Permits conscientious objectors to designate on their income tax returns that any tax liability be paid into the Fund. Makes this designation procedure available to any individual who has demonstrated himself or herself, by reason of religious training and belief, to be opposed to participation in war in any form. Requires every taxpayer who makes such a designation for any taxable year to file a questionnaire return for the purpose of determining eligibility for such status. Permits the setting aside of criminal or civil penalties imposed upon a taxpayer for nonpayment of tax prior to enactment of this Act if the taxpayer pays the tax due (with interest) and establishes to the satisfaction of the Secretary of the Treasury that the nonpayment was due to religious beliefs. Authorizes corresponding procedures in connection with estate and gift tax payments, under conditions prescribed by the Secretary. Directs the Comptroller General to determine the percentage of actual appropriations made by the United States from the Federal budget during the preceding year for military purposes. Requires publication of this information in the Congressional Record. Authorizes a portion of the Fund (corresponding to amounts expended for military purposes) to be appropriated each fiscal year for the Special Supplemental Food Program for Women, Infants and Children (WIC) and Head Start.
Bill· SS. 1658 (104th)referred
United States · United States Congress · 29 March 1996
TABLE OF CONTENTS: Title I: Tax Treatment of Long-Term Care Insurance Title II: Long-Term Care Insurance Standards Title III: Preventive Health Practices Promotion Family Choice in Long-Term Care Act - Title I: Tax Treatment of Long-Term Care Insurance - Amends the Internal Revenue Code to: (1) treat qualified long-term services as deductible medical care; (2) permit the offer of certain long-term care insurance contracts in certain employer (cafeteria) plans; (3) include in gross income excessive long-term care benefits; and (4) mandate that qualified long-term care insurance tax reserves be determined according to the reserve method prescribed by the National Association of Insurance Commissioners or by the one-year full preliminary term method, if no reserve method has been prescribed. (Sec. 106) Allows, without the recognition of a gain or loss, for the exchange of a life insurance contract or an endowment or annuity contract for a long-term care insurance contract. (Sec. 107) Provides for the exclusion as a death benefit of any amount paid to an individual under a life insurance contract because such individual is: (1) terminally ill; or (2) chronically ill, but only if such amount is received under a rider or other provision of such contract which is treated as a long-term care insurance contract. (Sec. 108) Allows insurance companies to issue accelerated death benefit riders on life insurance contracts. (Sec. 109) Excludes from gross income certain amounts withdrawn from individual retirement accounts and certain employer cash or deferred arrangements to pay long-term care premiums. Title II: Long-Term Care Insurance Standards - Long-Term Care Insurance Standards Amendments of 1995 - Directs the Congress to appoint the National Long-Term Care Insurance Advisory Council to advise the Congress and monitor development of the long-term care insurance market. Authorizes appropriations. (Sec. 202) Amends the Internal Revenue Code to set forth consumer protection provisions regarding long-term care insurance policies. Sets forth tax penalties for non-complying issuers of such policies. (Sec. 204) Declares that insurance policies deemed by a State Insurance Commissioner to be in compliance with this Act and the Internal Revenue Code shall be deemed approved for sale in any other State. Title III: Preventive Health Practices Promotion - Amends title XVIII (Medicare) of the Social Security Act to direct the Secretary of Health and Human Services to develop and distribute a summary of recommended preventive health care practices for elderly individuals entitled to benefits.
Resolution· SRESS.Res. 238 (104th)referred
United States · United States Congress · 29 March 1996
Expresses the sense of the Senate that any budget agreement or appropriate tax measure coming before Congress this year shall include expanded access to individual retirement accounts.
Law· HRH.R. 3219 (104th)enacted
United States · United States Congress · 29 March 1996
TABLE OF CONTENTS: Title I: Block Grants and Grant Requirements Title II: Affordable Housing Activities Title III: Allocation of Grant Amounts Title IV: Compliance, Audits, and Reports Title V: Termination of Assistance for Indian Tribes Under Incorporated Programs Title VI: Loan Guarantees for Affordable Housing Activities Title VII: Other Housing Assistance for Native Americans Native American Housing Assistance and Self-Determination Act of 1996 - Title I: Block Grants and Grant Requirements - Authorizes the Secretary of the Department of Housing and Urban Development (HUD), for each fiscal year, to make grants to a recipient on behalf of Indian tribes to carry out affordable housing activities. (Sec. 102) Requires that an Indian tribe submit to the Secretary for each fiscal year a local housing management plan for the tribe containing locally driven national objectives and an overview of capital improvements for housing. (Sec. 104) Permits a recipient to retain program income under certain conditions. Exempts amounts used to finance a contract for construction or rehabilitation work from the requirements of the Davis-Bacon Act. (Sec. 105) Allows the Secretary to release amounts for particular projects to recipients who assume all of the responsibility for environmental review pursuant to certain Federal laws. (Sec. 108) Authorizes appropriations for grants for FY 1998 through 2001. Title II: Affordable Housing Activities - Sets forth the national objectives concerning affordable housing activities for Indian tribes. Allows, through the local housing management plan for an Indian tribe, preference to be given to Indian families who are members of such tribe for housing or housing assistance provided through affordable housing activities. (Sec. 202) Defines eligible affordable housing activities, including crime prevention and safety activities. (Sec. 204) Permits the recipient for an Indian tribe to use grant amounts for affordable housing activities through certain investments, including leveraging of private investments. (Sec. 205) Sets forth a low-income requirement and provides for income targeting for affordable housing, except upon a foreclosure or other transfer (in lieu of foreclosure). Title III: Allocation of Grant Amounts - Authorizes the Secretary to establish: (1) by regulation a grant allocation formula to be based on factors that reflect the need of the Indian tribes and the Indian areas of the tribes for assistance for affordable housing; and (2) a negotiated rulemaking committee, which shall include representatives of Indian tribes, for development of any such proposed regulations. Title IV: Compliance, Audits, and Reports - Sets forth provisions concerning remedies for noncompliance, including referral for civil action in lieu of, or in addition to, any action authorized by the Secretary. (Sec. 403) Directs that each recipient through binding contractual agreements with owners and otherwise, shall: (1) ensure long-term compliance, including through on-site inspection of housing; and (2) submit a report to the Secretary describing the conclusions of each review. (Sec. 405) Authorizes the Secretary to make, at least annually, necessary or appropriate reviews and audits of recipients of assistance under this Act. Conditions that such reviews include, insofar as practicable, on-site visits by HUD employees. Requires a written report to the Congress regarding each review. (Sec. 406) Provides for GAO audits of financial transactions of grant amounts. (Sec. 407) Mandates a certain report to the Congress by the Secretary. Title V: Termination of Assistance for Indian Tribes Under Incorporated Programs - Terminates, for Indian tribes, after FY 1997: (1) public housing assistance provided under the U.S. Housing Act of 1937; and (2) financial assistance for rental housing assistance under such Act. (Sec. 503) Terminates housing assistance in FY 1998 for Indian tribes under the: (1) Youthbuild program; (2) HOME program; (3) emergency shelter grants program; (4) rural homelessness grant program; and (5) Innovative Homeless Initiatives Demonstration Program. Title VI: Loan Guarantees for Affordable Housing Activities - Provides for loan guarantees for the purposes of financing affordable housing activities and conditions that a guarantee may be used in obtaining financing only if the Indian tribe or housing entity has made efforts to obtain such financing elsewhere. (Sec. 603) Requires that the interest paid on any loan guarantee be included in gross income for tax purposes. (Sec. 606) Limits the aggregate principal amount the Secretary may guarantee for FY 1997 through 2001. Authorizes appropriations for FY 1997 through 2001. Title VII: Other Housing Assistance for Native Americans - Amends the Extends the limitation on loan guarantees for Indian housing for FY 1997 through 2001. Authorizes appropriations for the Guarantee Fund for FY 1997 through 2001. (Sec. 702) Allows Indian owners, with the approval of the Secretary of the Interior, to lease for a 40-year term any restricted Indian lands for residential housing purposes and to renew the lease for one additional 40-year term. (Sec. 703) Authorizes appropriations for the National Indian Housing Council for training and technical assistance to Indian housing authorities for FY 1997 through 2001.
Bill· HRH.R. 3224 (104th)open
United States · United States Congress · 29 March 1996
TABLE OF CONTENTS: Title I: Coordination of Federal Enforcement Title II: Revisions to Criminal Law Title III: Anti-Fraud Initiatives Under Medicare and Medicaid Health Care Fraud and Abuse Prevention Act of 1996 - Title I: Coordination of Federal Enforcement - Requires the Inspectors General of specified Federal agencies to conduct audits, investigations, inspections, and evaluations regarding the prevention, detection, and control of health care fraud and abuse. Requires the Inspector General and the Attorney General to establish a health care fraud and abuse program that takes into account the activities of Federal, State, and local law enforcement agencies, Federal and State health care provider licensing and certification agencies, and certain State agencies. (Sec. 102) Mandates State designation of State agencies that conduct, supervise, and coordinate such audits, investigations, inspections, and evaluations. Allows State designation of a State agency to act as a Health Care Fraud and Abuse Control Unit for purposes of this title. Sets forth Unit requirements. Requires annual payments to States. (Sec. 104) Establishes in the Treasury the Health Care Fraud and Abuse Control Account containing: (1) fines, penalties, damages, and the proceeds of seizures and forfeitures relating to the provision of health care items and services; and (2) gifts, bequests, and devises. Makes amounts available to the Inspector General and the Attorney General for expenses under specified provisions of this Act and reimbursements to other Inspectors General and Federal, State, and local agencies. (Sec. 105) Authorizes the acceptance, use, and disposal of gifts, bequests, or devises. (Sec. 106) Requires reimbursement: (1) to Federal agencies for the expenses of carrying out provisions of this title; and (2) subject to availability of funds, to State or local law enforcement agencies that participated directly in any activity that led to Account deposits. (Sec. 107) Establishes the Account Payments Advisory Board to make recommendations regarding the equitable allocation of amounts from the Account. (Sec. 108) Mandates establishment of a data base for the reporting of final adverse actions taken by a Government agency against health care providers, suppliers, practitioners, or benefit programs. Requires each Government agency to report such actions. Makes the information in the data base available to the public, Federal and State agencies, and benefit programs. Allows disclosure fees. Title II: Revisions to Criminal Law - Amends the Federal criminal code to define "Federal health care offense" to include violation of, or conspiracy or attempt to violate, specified provisions of: (1) that code; (2) the Social Security Act (SSA); (3) the Employee Retirement Income Security Act of 1974; or (4) the Anti-Kickback Act of 1986. (Sec. 202) Mandates fines or imprisonment for (in connection with a health care benefit program) defrauding or attempting to defraud, theft or embezzlement, knowing and willful false statements, bribery, certain remunerations (including kickbacks and rebates), and obstruction of a criminal investigation of a health care offense. Authorizes civil actions, civil penalties, and injunctive relief (including the freezing of assets) for health care offenses. (Sec. 210) Authorizes the Attorney General and the Director of the Federal Bureau of Investigation to issue summonses. (Sec. 211) Authorizes disclosure of grand jury information for use in a civil investigation or proceeding related to a health care offense. (Sec. 212) Includes Federal health care offenses in: (1) the definition of "specified unlawful activity" for provisions relating to money laundering; and (2) provisions allowing additional penalties for telemarketing that victimizes or targets persons over the age of 55. Authorizes the interception of wire or oral communications in cases where the interception may provide evidence of health care bribery, illegal remunerations, or fraud. Adds references to health care bribery, theft, embezzlement, and fraud to the definition of "racketeering activity" for provisions relating to racketeer influenced and corrupt organizations (RICO). Mandates forfeiture of any property constituting or derived from a Federal health care offense. Allows a reward for information on a Federal health care offense. Title III: Anti-Fraud Initiatives Under Medicare and Medicaid - Amends the SSA to allow exclusion from participation in the Medicare and Medicaid programs (titles XVIII and XIX of the SSA) of an individual who has an ownership or control interest in, or who is an officer, director, agent, or managing employee of, an entity: (1) convicted of any offense under specified SSA mandatory or permissive exclusion provisions; (2) against which a civil penalty has been assessed under specified SSA provisions; or (3) that has been excluded from Medicare or Medicaid. Imposes civil fines on a person for presenting a claim for an item or service provided by the person's excluded employee or agent. Requires funds received as civil fines and assessments under certain SSA provisions and remaining after other dispositions (required by current law) to be deposited in the Health Care Fraud and Abuse Control Account established under this Act (currently, to be deposited as miscellaneous receipts in the Treasury). (Sec. 302) Provides for the modification of existing and the establishment of new safe harbors. Makes an exception to anti-kickback prohibitions for certain discounting and managed care arrangements. Directs the Secretary of Health and Human Services to expedite implementation of certain payment adjustments based upon inherent reasonableness. (Sec. 303) Requires implementation of an initiative of December 1994 to expedite Medicare payment inherent reasonableness adjustments. (Sec. 304) Requires inclusion of information on waste, fraud, and abuse in Medicare information distributed under specified provisions. (Sec. 305) Mandates a system providing for a unique identifier for each individual or entity (currently, for each physician) who furnishes items or services for which Medicare payment may be made. Prohibits the Secretary from providing a unique identifier under such system unless the individual or entity submits such documentation relating to financial solvency and fiscal integrity as the Secretary may require to ensure that such issuance will not expose the program to waste, fraud, and abuse, except that the Secretary may waive the application of this section in the case of a provider of services or an individual eligible to receive payment for items or services furnished on the basis of licensure or authorization under State law. (Sec. 306) Requires reimbursement from agencies or organizations that facilitate payment to Medicare providers, and from carriers used for the administration of Medicare benefits, for any amounts paid for a service while the provider is excluded from Medicare participation. Replaces provisions allowing payment to individuals eligible for benefits for services provided by excluded individuals or entities in certain circumstances with provisions prohibiting providers from billing or collecting for items or services provided while the provider is excluded. Makes the recipient not liable for payment of any bill submitted in violation and allows certain sanctions. (Sec. 307) Requires fiscal intermediaries and carriers to use automated data processing equipment comparable to equipment used in private insurance. (Sec. 308) Provides for nondischargeability under the Bankruptcy Code of amounts owed for Medicare overpayments.
Bill· HRH.R. 3218 (104th)referred
United States · United States Congress · 29 March 1996
Amends the Internal Revenue Code to allow a taxpayer to designate that one or more specified public programs be paid a specified portion (not less than one dollar) of any overpayment of income tax.
Bill· HRH.R. 3209 (104th)referred
United States · United States Congress · 29 March 1996
Amends the Internal Revenue Code to increase the maximum amount deferrable under a 457 plan (relating to deferred compensation plans of State and local governments and tax-exempt organizations) to the amount deferrable under a 401(k) plan for the same year and requires that amounts in 457 plans be held in trust.
Bill· HRH.R. 3202 (104th)referred
United States · United States Congress · 29 March 1996
Sensible Military Spending Act of 1996 - Limits the fiscal year budget for activities within budget function 050 (military spending) to $245 billion for FY 1997, with annual $10 billion reductions in such amounts through FY 2000. Limits such budget to $210 billion in FY 2001. Prohibits the Secretary of Defense, beginning in FY 1997, from spending more than $1.25 billion during a fiscal year for ballistic missile defense research and development. Prohibits the Secretary from: (1) procuring more than 20 bombers under the B-2 aircraft program; (2) obligating any funds to subsidize the marketing or financing of the sale of conventional arms to another nation; (3) procuring any additional vessels in the Seawolf attack submarine class; or (4) procuring any additional Trident II D-5 nuclear submarines. Prohibits the amount of funds expended during FY 1997 and each fiscal year thereafter on: (1) the new attack submarine from exceeding ten percent of its FY 1996 amount; (2) the F-22 advanced tactical fighter program from exceeding 25 percent of its FY 1996 amount; and (3) foreign intelligence activities from exceeding 90 percent of its FY 1996 amount. Directs the Secretary to cancel or terminate the: (1) Navy's new aircraft carrier program; (2) procurement of new MILSTAR satellites; (3) procurement of C-17 cargo aircraft; and (4) anti-satellite weapons program. Directs the Secretary to achieve any additional savings necessary to reach the military spending limits required under this Act by reducing the active duty force structure and by the consolidation of bases and laboratories, with conditions. States that the Secretary of Energy: (1) shall cancel the tritium production program; (2) may not obligate funds after the date of enactment of this Act for technologies used to separate fissile components; (3) beginning with FY 1997, may not spend more than $50 million during a fiscal year for nuclear test site readiness; (4) in carrying out weapons activities for national security programs under the stockpile stewardship program, may not, during FY 1997 and thereafter, exceed 50 percent of its FY 1996 amount; (5) shall terminate construction of the National Ignition Facility; and (6) shall provide adequate funds for environmental restoration and waste management activities at Department of Energy (DOE) nuclear facilities in order to meet all compliance requirements. Directs each Secretary, after taking into account any reductions in force structure under this Act, to achieve any required additional savings by consolidating bases and laboratories of the Department of Defense, DOE, and the National Aeronautics and Space Administration.
Law· HJRESH.J.Res. 170 (104th)enacted
United States · United States Congress · 29 March 1996
Amends the Balanced Budget Downpayment Act, I, as amended, and Public Law 104-92, as amended, to extend the March 29 and April 3 appropriation deadline provisions under such Acts to April 24, 1996. Provides a full year Federal payment to the District of Columbia. Amends the Department of Transportation and Related Agencies Appropriations Act, 1996, to apply Federal labor-management relations requirements to the Federal Aviation Administration personnel management system developed and implemented under such Act. Amends the Auburn Indian Restoration Act to authorize (currently, require) the Secretary of the Interior to accept California lands into trust status on behalf of the tribe. Makes appropriations through FY 1996 to the Agency for International Development for assistance for Eastern Europe and the Baltic States (including a transfer of funds) for demining and economic revitalization assistance to Bosnia and Herzegovina, under specified requirements and conditions.
Resolution· HRESH.Res. 395 (104th)open
United States · United States Congress · 29 March 1996
Sets forth the modified closed rule for the consideration of H.J. Res. 159 (Constitutional Amendment requiring a two-thirds vote of each House of the Congress to increase taxes).
Bill· SS. 1651 (104th)referred
United States · United States Congress · 28 March 1996
Amends Federal provisions concerning the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) to direct the Secretary of Defense to enter into an agreement with the Office of Personnel Management (OPM) under which covered CHAMPUS beneficiaries who are also entitled to hospital insurance benefits under Part A of title XVIII (Medicare) of the Social Security Act will be permitted to enroll in a health benefits plan offered through the Federal Employees Health Benefits program in lieu of receiving care under CHAMPUS or the TRICARE program. Outlines provisions concerning: (1) required contributions for such coverage; and (2) the management of participants in the plan. Requires: (1) the Secretary to begin to offer such health benefits option no later than January 1, 1997; and (2) the Secretary and the OPM Director to report annually to the Congress describing the provision of health care services to covered beneficiaries under the plan during the preceding fiscal year.
Bill· HRH.R. 3184 (104th)open
United States · United States Congress · 28 March 1996
Single Audit Act Amendments of 1996 - Prohibits the Director of the Office of Management and Budget, in prescribing risk-based program selection criteria for major programs, from requiring the identification of more programs as major for a particular non-Federal entity, subject to specified exceptions, than would be identified if the major programs were defined as any program for which total expenditures for Federal awards by the non-Federal entity exceed specified dollar amounts or percentages of the non-Federal entity's total Federal expenditures. Directs that, in any fiscal year, a non-Federal entity have either a single audit or a program-specific audit if such entity expends a total Federal award amount in excess of a specified amount. Sets forth audit requirements and exceptions. Requires the non-Federal entity to transmit a reporting package to a Federal clearinghouse and make it available for public inspection within a specified time frame.
Bill· HRH.R. 3185 (104th)referred
United States · United States Congress · 28 March 1996
TABLE OF CONTENTS: Title I: Health Care Access, Portability, and Renewability Subtitle A: Group Market Rules Subtitle B: Individual Market Rules Subtitle C: COBRA Clarifications Subtitle D: Private Health Plan Purchasing Cooperatives Subtitle E: Application and Enforcement of Standards Subtitle F: Miscellaneous Provisions Title II: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle A: Increase in Deduction For Health Insurance Costs of Self-Employed Individuals Subtitle B: Revenue Offsets Health Insurance Reform Act of 1996 - Title I: Health Care Access, Portability, and Renewability - Subtitle A: Group Market Rules - Prohibits insurers from declining to offer whole group coverage to a group purchaser. Allows plans to establish eligibility, continuation, enrollment, or premium requirements, provided the requirements are not based on health status, medical condition, or similar factors. (Sec. 102) Mandates plan renewability, except for premium nonpayment, material misrepresentation, plan termination, or other specified reasons. (Sec. 103) Specifies circumstances in which a plan may impose a benefit limitation or exclusion of up to 12 months because of a preexisting condition with certain exceptions. Allows (unless preempted under the Employee Retirement Income Security Act of 1974 (ERISA)) State laws that: (1) impose limitation or exclusion periods for preexisting conditions of shorter maximum periods than 12 months; or (2) recognize previous qualifying coverage for individuals experiencing a lapse period of longer than 30 days. (Sec. 104) Mandates special enrollment periods for individuals who have certain types of changes in family composition or employment status. (Sec. 105) Prescribes guidelines for disclosures an insurer must make to a small employer (as defined in State law or, if not defined in State law, employers with not more than 50 employees). Amends ERISA to modify requirements regarding disclosures to plan participants and beneficiaries. Subtitle B: Individual Market Rules - Prohibits an insurer (for an individual in a period of previous qualifying coverage) from declining to offer coverage or denying enrollment based on health status, including: (1) medical condition; (2) claims experience; (3) receipt of health care; (4) medical history; (5) genetic information; (6) evidence of insurability (including conditions arising out of acts of domestic violence); or (7) disability. (Sec. 111) Mandates renewability of coverage for individuals, except for nonpayment of premiums, material misrepresentation, or plan termination. (Sec. 112) Requires that State law in effect on or after enactment of this Act apply in lieu of the standards of this subtitle unless the Secretary of Health and Human Services determines that the State law does not achieve mandated access goals. Allows States to meet those goals by using a National Association of Insurance Commissioners (NAIC) model adopted using a consultation process the Secretary approves. Subtitle C: COBRA Clarifications - Amends the Public Health Service Act, ERISA, and the Internal Revenue Code to modify continuation coverage requirements. Subtitle D: Private Health Plan Purchasing Cooperatives - Requires a State to certify private health plan purchasing cooperatives (HPPCs) meeting certain requirements, or the Secretary of Labor to certify any a State fails to. Subtitle E: Application and Enforcement of Standards - Deems a requirement or standard imposed on a plan under this Act to be imposed on the issuer. (Sec. 202) (sic) Requires each State to mandate that each plan in the State meet the standards under this Act pursuant to an enforcement plan filed by the State with the Secretary of Labor, with employee plans enforced in the same manner as under specified ERISA provisions. Requires Federal enforcement if a State fails to do so. Subtitle F: Miscellaneous Provisions - Mandates a study and report to appropriate congressional committees on: (1) mechanisms to ensure the availability of reasonably priced health coverage to employers purchasing group and individuals purchasing non-group coverage; and (2) whether standards limiting premium variation will further the purposes of this Act. Title II: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Subtitle A: Increase in Deduction For Health Insurance Costs of Self-Employed Individuals - Amends the Internal Revenue Code to increase the deductible percentage of the self-employed individuals' health insurance costs. Subtitle B: Revenue Offsets - Chapter 1: Treatment of Individuals Who Expatriate - Sets forth tax responsibilities relating to expatriation. Treats the expatriate's property as sold on the expatriation date, subject to an exclusion for certain gain. Sets forth reporting requirements. Chapter 2: Foreign Trust Tax Compliance - Revises or establishes provisions regarding: (1) informational filings regarding certain foreign trusts and the penalties for failing to file; (2) foreign trusts having one or more U.S. beneficiaries; (3) the circumstances in which a foreign grantor will be treated as an owner; (4) reporting gifts from foreign persons; (5) the interest charge on accumulation distributions from foreign trusts; (6) loans from foreign trusts; (7) the definitions of "United States person" (as it relates to estates or trusts), "foreign estate," and "foreign trust;" and (8) the treatment of a domestic trust that becomes a foreign trust with regard to a tax on transfers to avoid tax and a penalty for failure to file a related return. Chapter 3: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Declares that bad debt reserve banking provisions shall not apply after a specified date. Provides for the resulting accounting method change.
Bill· HRH.R. 3195 (104th)referred
United States · United States Congress · 28 March 1996
Revises specified provisions regarding minimum allocations of Federal aid highway funds and provisions of the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) to direct the Secretary of Transportation, in FY 1998 and thereafter, to ensure that each State's percentage of the total apportionments in each such fiscal year and allocations for the prior fiscal year from funds made available out of the Highway Trust Fund (HTF) is not less than the percentage of estimated tax payments to the HTF by highway users in the State in the latest fiscal year for which data are available. Repeals ISTEA provisions specifying the percentage of total apportioned and allocated funds to be allocated to each State for the surface transportation program.
Bill· HJRESH.J.Res. 169 (104th)open
United States · United States Congress · 28 March 1996
Constitutional Amendment - Requires, in either House, the concurrence of two-thirds of the members present for final adoption of any bill, resolution, or other legislative measure changing the internal revenue laws unless that bill, resolution, or measure is determined at the time of adoption, not to increase the internal revenue by more than a de minimis amount. Allows the Congress to waive that requirement during war or certain military conflict. Requires all votes under this Amendment to be by yeas and nays and the names of persons voting for and against to be entered in the Journal of each House.
Bill· HRH.R. 3178 (104th)referred
United States · United States Congress · 27 March 1996
TABLE OF CONTENTS: Title I: Untitled Subtitle A: Breast Cancer Research Extension Act of 1996 Subtitle B: HHS Women Scientists Employment Opportunity Act Subtitle C: Women and AIDS Research Initiative Amendments of 1996 Subtitle D: Women's Cardiovascular Diseases Research and Prevention Act Subtitle E: Osteoporosis and Related Bone Diseases Research Act of 1996 Subtitle F: Lupus Research Amendments of 1996 Subtitle G: Ovarian Cancer Research and Information Amendments of 1996 Subtitle H: HPV Infection and Cervical Cancer Research Resolution of 1996 Subtitle I: Office for Rare Disease Research Act of 1996 Subtitle J: Federal Risk Assessment in Women's Health Act of 1996 Subtitle K: Women's Health Environmental Factors Act of 1996 Subtitle L: Consumer Involvement in Breast Cancer Research Act Subtitle M: Women and Alcohol Research Equity Act of 1996 Title II: Services Subtitle A: Women's Health Office Act of 1996 Subtitle B: Genetic Information Nondiscrimination in Health Insurance Act of 1996 Subtitle C: Improved Patient Access to Clinical Studies Act of 1996 Subtitle D: Equitable Health Care for Neurobiological Disorders Act of 1996 Subtitle E: Victims of Abuse Insurance Protection Act Subtitle F: Insurance Protection for Victims of Domestic Violence Act Subtitle G: Domestic Violence Victims Insurance Protection Act of 1996 Subtitle H: Fairness to Minority Women Health Act Subtitle I: Adolescent Health Demonstration Projects Act Subtitle J: Eating Disorders Information and Education Act of 1996 Subtitle K: Women's Choice and Reproductive Health Protection Act of 1996 Subtitle L: Women's Right To Know Act of 1996 Subtitle M: International Population Stabilization and Reproductive Health Act Subtitle N: Federal Prohibition of Female Genital Mutilation Act of 1996 Subtitle O: Women and HIV Outreach and Prevention Act Subtitle P: Smoking Prevention and Cessation in WIC Clinics Act Subtitle Q: Comprehensive Fetal Alcohol Syndrome Prevention Act Subtitle R: Postreproductive Health Care Act Subtitle S: Family Caregiver Support and Protection Act of 1996 Subtitle T: Medicare Mammography Enhancement Act of 1996 Subtitle U: Medicare Bone Mass Measurement Standardization Act of 1996 Subtitle V: Osteoporosis and Related Bone Disorders Resource Center Act of 1996 Subtitle W: Women Veterans Health Improvement Act of 1996 Women's Health Equity Act of 1996 - Title I: Untitled - Subtitle A: Breast Cancer Research Extension Act of 1996 - Breast Cancer Research Extension Act of 1996 - Amends the Public Health Service Act to extend the authorization of appropriations for breast cancer research. Subtitle B: HHS Women Scientists Employment Opportunity Act - HHS Women Scientist Employment Opportunity Act - Directs the Secretary of Health and Human Services to: (1) establish policies for the Department of Health and Human Services on matters relating to the employment of women scientists; and (2) monitor compliance and take appropriate action if policies have been violated. Mandates implementation of the recommendations of the Task Force on the Status of NIH (National Institutes of Health) Intramural Women Scientists. Provides for a study and report on pay equity. Authorizes appropriations. Subtitle C: Women and AIDS Research Initiative Amendments of 1996 - Women and AIDS Research Initiative Amendments of 1996 - Mandates a program to conduct biomedical and behavioral research (directly or through grants) on cases of infection with the human immunodeficiency virus (HIV) in women. Authorizes appropriations. Subtitle D: Women's Cardiovascular Diseases Research and Prevention Act - Women's Cardiovascular Diseases Research and Prevention Act - Mandates expansion, intensification, and coordination of research and related activities of the National Heart, Lung, and Blood Institute with regard to cardiovascular diseases in women. Authorizes appropriations. Subtitle E: Osteoporosis and Related Bone Diseases Research Act of 1996 - Osteoporosis and Related Bone Diseases Research Act of 1996 - Requires specified institutes of the National Institutes of Health to expand and intensify research on osteoporosis and related bone diseases. Authorizes appropriations. Subtitle F: Lupus Research Amendments of 1996 - Lupus Research Amendments of 1996 - Requires the Director of the National Institute of Arthritis and Musculoskeletal and Skin Diseases to expand and intensify research and related activities of the Institute with respect to lupus. Authorizes appropriations. Subtitle G: Ovarian Cancer Research and Information Amendments of 1996 - Ovarian Cancer Research and Information Amendments of 1996 - Authorizes appropriations for research on ovarian cancer. Subtitle H: HPV Infection and Cervical Cancer Research Resolution of 1996 - HPV Infection and Cervical Cancer Research Resolution of 1996 - Declares that it is the sense of the Congress that, in conducting cervical cancer research, the National Institute of Allergy and Infectious Diseases should collaborate in sponsoring basic and clinical research on human papilloma virus diagnosis and prevention as a risk of cervical cancer and, as applicable, develop screening techniques. Subtitle I: Office for Rare Disease Research Act of 1996 - Office for Rare Disease Research Act of 1996 - Establishes, in the National Institutes of Health, the Office for Rare Disease Research. Subtitle J: Federal Risk Assessment in Women's Health Act of 1996 - Federal Risk Assessment in Women's Health Act of 1996 - Directs the Office of Science and Technology Policy to conduct a review of all Federal programs that assess or mitigate the risks to women's health from environmental exposures. Provides for a study and report to the Congress. Subtitle K: Women's Health Environmental Factors Act of 1996 - Women's Health Environmental Factors Act of 1996 - Mandates a report to the Congress: (1) summarizing the body of scientific knowledge on environmental effects on women's health; and (2) specifying an agenda for the conduct and support of research. Subtitle L: Consumer Involvement in Breast Cancer Research Act - Consumer Involvement in Breast Cancer Research Act - Requires the National Cancer Institute, to the extent practicable, to increase the involvement of people who are accountable to, represent, and report back to organizations that represent those affected by breast cancer in decision making at the Institute regarding breast cancer. Subtitle M: Women and Alcohol Research Equity Act of 1996 - Women and Alcohol Research Equity Act of 1996 - Requires that $44 million of the first $191 million appropriated to the National Institute on Alcohol Abuse and Alcoholism be obligated for research on alcohol abuse and alcoholism among women. Authorizes appropriations (in addition to the existing authorization of appropriations for the Institute) for such research regarding women. Title II: Services - Subtitle A: Women's Health Office Act of 1996 - Women's Health Office Act of 1996 - Amends the Public Health Service Act (PHSA) and the Federal Food, Drug, and Cosmetic Act to establish an Office of (or on) Women's Health and a related coordinating committee in the Office of the Assistant Secretary of Health, the Centers for Disease Control and Prevention, the Agency for Health Care Policy and Research, the Health Care Resources and Services Administration, and the Office of the Commissioner of the Food and Drug Administration. Amends the PHSA to establish a related advisory committee. Authorizes appropriations. Subtitle B: Genetic Information Nondiscrimination in Health Insurance Act of 1996 - Genetic Information Nondiscrimination in Health Insurance Act of 1996 - Prohibits insurance providers from: (1) denying or canceling health insurance coverage or varying the premiums, terms, or conditions of coverage on the basis of genetic information or on the basis that the individual or family involved has requested or received genetic services; (2) requesting or requiring insured individuals or applicants to disclose genetic information; or (3) disclosing genetic information without prior written authorization. Subtitle C: Improved Patient Access to Clinical Studies Act of 1996 - Improved Patient Access to Clinical Studies Act of 1996 - Prohibits a health plan from denying, limiting, imposing additional conditions on, or discriminating against an enrollee on the basis of the enrollee's participation in an approved clinical study. Subtitle D: Equitable Health Care for Neurobiological Disorders Act of 1996 - Equitable Health Care for Neurobiological Disorders Act of 1996 - States that the standards for the nondiscriminatory and equitable treatment by employer health benefit plans of individuals with neurobiological disorders require that such plans provide for coverage of services essential to the effective treatment of such disorders in a specified manner. Amends the Internal Revenue Code to impose a noncompliance tax of up to 25 percent. Subtitle E: Victims of Abuse Insurance Protection Act - Victims of Abuse Insurance Protection Act - Prohibits insurers and health carriers from denying, terminating, or limiting coverage on the basis that the applicant or insured is, has been, or may be the subject of abuse involving household or family members, current or former spouses, or individuals in or formerly in a sexually intimate relationship. Requires an insurer that takes any adverse action relating to any plan or policy of an abuse subject (whether applicant or insured) to advise such individual of the specific reasons for the action. Subtitle F: Insurance Protection for Victims of Domestic Violence Act - Insurance Protection for Victims of Domestic Violence Act - Amends the Public Health Service Act to create a new title prohibiting health insurers from discriminating against an individual or group because the individual or a family member is the subject of abuse. Mandates development of model standards. Provides for application the amendments made by this subtitle to specified provisions of the Employee Retirement Income Security Act of 1974. Subtitle G: Domestic Violence Victims Insurance Protection Act of 1996 - Domestic Violence Victims Insurance Protection Act of 1996 - Prohibits insurers from denying or cancelling insurance coverage for individuals solely on the basis that the individual is or has been the subject of an act of domestic violence. Subtitle H: Fairness to Minority Women Health Act - Fairness to Minority Women Health Act - Amends part A (Aid to Families with Dependent Children) (AFDC) of title IV of the Social Security Act and the Food Stamp Act of 1977 to exempt aliens and their children from provisions attributing to the alien the income and resources of the sponsor and the sponsor's spouse if the alien is battered by, or the subject of extreme cruelty by, the person who executed the affidavit of support or similar agreement regarding the alien. Amends title XIX (Medicaid) of the Social Security Act to prohibit payments to States for obstetrical or gynecological services unless the hospital, clinic, or provider has available at least one individual who is able to communicate in the predominant language used by residents of the area. Amends the Public Health Service Act to allow grants (under existing provisions) for family planning projects only if the service providers under the grant have at least one such individual. Amends the Family Violence Prevention and Services Act to prohibit making funds available under the Act unless providers of shelter or related assistance have at least one such individual. Subtitle I: Adolescent Health Demonstration Projects Act - Adolescent Health Demonstration Projects Act - Mandates grants for the establishment or support of adolescent health demonstration projects. Prohibits using grant funds to perform or pay for abortions. Subtitle J: Eating Disorders Information and Education Act of 1996 - Eating Disorders Information and Education Act of 1996 - Amends the Public Health Service Act to provide for a program of information and education to the public concerning the prevention and treatment of eating disorders. Authorizes appropriations. Subtitle K: Women's Choice and Reproductive Health Protection Act of 1996 - Women's Choice and Reproductive Health Protection Act of 1996 - Amends the Public Health Service Act (PHSA) to authorize appropriations for population research and family planning programs. Amends the Civil Rights Act of 1964 to prohibit any government authority from limiting the right of any individual to provide or receive nonfraudulent information about the availability of reproductive health care services. Directs the Secretary of Health and Human Services to: (1) assure that the Food and Drug Administration evaluates the drug Mifepristone or RU 486; and (2) assess initiatives by which the Department of Health and Human Services can promote the testing, licensing, and manufacturing of the drug Mifepristone or other antiprogestins in the United States. Prohibits Federal law from being construed to prohibit health insurance providers from offering coverage for any reproductive health care services, including abortion services. Amends Federal law to provide that the performance of an abortion in a facility of the uniformed services located outside the 48 contiguous States of the United States is not prohibited, provided specific requirements are met. Subtitle L: Women's Right To Know Act of 1996 - Women's Right To Know Act of 1996 - Amends title XI of the Civil Rights Act of 1964 to prohibit a governmental authority, in or through any program or activity that provides health care services or information, from limiting the right of any person to provide or to receive nonfraudulent information about the availability of reproductive health care services, including family planning, prenatal care, adoption, and abortion services. Subtitle M: International Population Stabilization and Reproductive Health Act - International Population Stabilization and Reproductive Health Act - Amends the Foreign Assistance Act of 1961 to set forth population assistance authorities and requirements. Authorizes appropriations for voluntary population planning under existing provisions. Makes development assistance available on a priority basis for countries which have agreed to address specific education, literacy, and health issues. Authorizes the President to establish a grant program, to be known as the Safe Motherhood Initiative, to improve the access of girls and women to reproductive health care services. Authorizes appropriations for the Child Survival Fund, the Safe Motherhood Initiative, and for research on, and treatment and control of, acquired immune deficiency syndrome (AIDS) in developing countries. Subtitle N: Federal Prohibition of Female Genital Mutilation Act of 1996 - Federal Prohibition of Female Genital Mutilation Act of 1996 - Amends the Federal criminal code to prohibit and set penalties for knowingly circumcising, excising, or infibulating any part of the labia majora, labia minora, or clitoris of another person who has not attained age 18, subject to medical exceptions. Subtitle O: Women and HIV Outreach and Prevention Act - Women and HIV Outreach and Prevention Act - Amends the Public Health Service Act to authorize grants, with regard to women (and their partners) and acquired immune deficiency syndrome (AIDS), for preventive health services, referrals, follow-ups, outreach, and training on the effective provision of such services. Authorizes appropriations. Authorizes grants to provide HIV prevention education to women. Sets forth requirements regarding the composition of Planning Councils. Authorizes appropriations. Authorizes grants, cooperative agreements, and contracts to provide: (1) substance abuse treatment to women; (2) counseling to women who engage in substance abuse on the prevention of infection with, and the transmission of, the etiologic agent for AIDS; and (3) such counseling to women who are the partners of individuals who abuse substances. Authorizes appropriations. Authorizes appropriations for grants under existing provisions to provide early intervention services for women and related technical assistance. Subtitle P: Smoking Prevention and Cessation in WIC Clinics Act - Smoking Prevention and Cessation in WIC Clinics Act - Amends the Child Nutrition Act of 1966 to require the State agency responsible for nutrition education and drug abuse education to establish a smoking cessation demonstration program for pregnant participants. Subtitle Q: Comprehensive Fetal Alcohol Syndrome Prevention Act - Comprehensive Fetal Alcohol Syndrome Prevention Act - Amends the Public Health Service Act to establish: (1) a program for the conduct and support of research and training, the dissemination of health information, and other programs with respect to the cause, diagnosis, prevention, and treatment of fetal alcohol syndrome and fetal alcohol effects; and (2) the Interagency Coordinating Committee on Fetal Alcohol Syndrome. Subtitle R: Postreproductive Health Care Act - Postreproductive Health Care Act - Mandates grants for: (1) prevention and outpatient treatment of, and counseling for, health conditions unique to, more serious, or more prevalent for women of menopausal age or older, or for which the medical risk or types of medical intervention are different; and (2) related education and training of health professionals. Authorizes appropriations. Subtitle S: Family Caregiver Support and Protection Act of 1996 - Family Caregiver Support and Protection Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to provide for Medicare coverage for respite care services, defined as companion or homemaker services, personal assistance, community day services, or temporary residential care furnished on a short-term, intermittent, or emergency basis. Amends Internal Revenue Code provisions relating to deductions for medical care to include qualified long-term care services as medical care. Subtitle T: Medicare Mammography Enhancement Act of 1996 - Medicare Mammography Enhancement Act of 1996 - Amends title XVIII (Medicare) of the Social Security Act to revise requirements regarding the coverage of mammograms. Subtitle U: Medicare Bone Mass Measurement Standardization Act of 1996 - Medicare Bone Mass Measurement Standardization Act of 1996 - Provides for Medicare coverage of bone mass measurements. Subtitle V: Osteoporosis and Related Bone Disorders Resource Center Act of 1996 - Osteoporosis and Related Bone Disorders Resource Center Act of 1996 - Amends the Public Health Service Act to authorize appropriations, in addition to other authorizations of appropriations, for the establishment and operation of a clearinghouse on osteoporosis and related bone disorders. Subtitle W: Women Veterans Health Improvement Act of 1996 - Women Veterans Health Improvement Act of 1996 - Amends Federal law relating to veterans' benefits to include women's health services in the definition of "medical services." Sets forth requirements concerning studies and reports.
Bill· HRH.R. 3170 (104th)referred
United States · United States Congress · 27 March 1996
Port Revitalization Act of 1996 - Provides that the cost of providing land-based and confined aquatic dredged material disposal facilities (facilities) associated with the construction, operation, and maintenance of any Federal navigation project for any harbor or other federally maintained waterway shall be considered a general navigation feature (thereby allowing the Harbor Maintenance Trust Fund to be used to cover such dredging and disposal activities). Provides for the determination of the Federal share of the costs of operation and maintenance (O&M) of such disposal facilities, as well as eligible O&M costs related to such facilities. Prohibits the expenditure of such funds until the Secretary of the Army determines that such funds are not otherwise required to cover other eligible O&M costs assigned to commercial navigation. (Sec. 3) Authorizes the Secretary, at the request of a non-Federal project sponsor, to provide additional capacity at a facility constructed by the Army beyond that which would be required for project purposes if the non-Federal sponsor agrees to pay all costs associated with the construction of the additional capacity. Allows such costs to be recovered through the assessment of user fees from third parties whose dredged materials are deposited in such facilities and who enter into agreements for the use of such facilities. Requires all user fees collected to be used by the Secretary for O&M costs associated with the facility. Authorizes the Secretary to participate in the construction and use of facilities developed by non-Federal interests if such facilities are necessary to the construction or O&M of a Federal navigation project. Authorizes the Secretary to pay disposal fees associated with the use of such facilities. Authorizes the Secretary to use management techniques to extend the useful life of all land-based and confined dredged material disposal facilities constructed and managed by the Secretary after the enactment of this Act. (Sec. 4) Amends the Internal Revenue Code to lower, effective on January 1, 1997, the tax imposed on the use of any U.S. port to 0.085 (currently, 0.125) percent of the value of the commercial cargo involved. Directs the Secretary, in each calendar year, to conduct an assessment of the Harbor Maintenance Trust Fund to determine whether such tax should be reduced or increased to ensure that such Fund remains at a sufficient level to pay the eligible O&M costs under this Act and the Water Resources Development Act of 1986. Requires an annual report from the Secretary to the Congress on such determination. (Sec. 5) Amends the Water Resources Development Act of 1992 to add as a purpose of a pilot project under such Act the development of one or more sediment decontamination technologies on a pilot scale demonstrating a capacity of at least 500,000 cubic yards per year. Extends permanently the authorization of appropriations for such pilot project. Requires the Secretary and the Administrator of the Environmental Protection Agency to report annually to the Congress on the results of the project, including the development of decontamination technologies. (Sec. 6) Authorizes the Secretary to construct, operate, and maintain a dredged material containment facility for the Port of New York-New Jersey substantially in accordance with a final report of the Army Chief of Engineers. Requires the Secretary to maintain the facility for the public benefit after it has been filled to capacity with dredged material.
Resolution· HRESH.Res. 392 (104th)passed
United States · United States Congress · 27 March 1996
Sets forth the modified closed rule for the consideration of H.R. 3103 (health insurance coverage, health care fraud and abuse prevention, tax-related health provisions, revenue offsets).
Bill· HRH.R. 3163 (104th)failed
United States · United States Congress · 26 March 1996
Amends Federal law to state that compensation paid by the United States for personal services as a U.S. employee at a U.S.-owned Columbia River hydroelectric facility, portions of which are within Oregon and Washington, shall be subject to taxation by Oregon or any political subdivision of that State only if such employee is an Oregon and subdivision resident.
Bill· HRH.R. 3160 (104th)referred
United States · United States Congress · 26 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets Subtitle C: Affordable and Available Health Coverage Through Multiple Employer Pooling Arrangements Subtitle D: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplifications; Medical Liability Reform Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection Subtitle D: Civil Monetary Penalties Subtitle E: Revisions to Criminal Subtitle F: Administrative Simplification Subtitle G: Duplication and Coordination of Medicare-Related Plans Subtitle H: Medical Liability Reform Title III: Tax-Related Health Provisions Subtitle A: Medical Savings Accounts Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle C: Long-Term Care Services and Contracts Subtitle D: Treatment of Accelerated Death Benefits Subtitle E: High-Risk Pools Subtitle F: Organizations Subject to Section 833 Title IV: Revenue Offsets Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations Subtitle B: Reform of the Earned Income Credit Subtitle C: Treatment of Individuals Who Lose United States Citizenship Health Coverage Availability and Affordability Act of 1996 - Title I: Improved Availability and Portability of Health Insurance Coverage - Subtitle A: Coverage Under Group Health Plans - Requires a group health plan and an insurer or health maintenance organization (HMO) offering health insurance in connection with a group health plan to: (1) reduce any preexisting condition period by the aggregate period of prior coverage; and (2) limit any preexisting condition period to not more than 12 months. Prohibits: (1) preexisting condition periods for newborns and regarding certain adoptions; and (2) treating pregnancy as a preexisting condition. Allows an HMO that does not use preexisting condition limitations to: (1) impose an eligibility period; and (2) use alternative methods to address adverse selection as approved by a State authority. (Sec. 103) Prohibits coverage exclusion and premium or contribution discrimination on the basis of health status. Requires a plan to allow an otherwise-eligible employee to enroll if the employee previously declined enrollment because of other coverage and subsequently lost the other coverage. Prohibits, if a plan offers family coverage, a waiting period for a newborn, certain adopted children, or a spouse. (Sec. 104) Amends the Internal Revenue Code to impose a tax on any failure of a group health plan to meet certain requirements of this Act. Deems sections 101 through 103 of this subtitle and subtitle D as it is applicable to those sections to be provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for civil money penalties for failure to meet a requirement of this subtitle. Subtitle B: Certain Requirements for Insurers and HMOs in the Group and Individual Markets - Part 1: Availability of Group Health Insurance Coverage - Requires each insurer or HMO that offers health insurance coverage in the small group market in a State to accept every applying small employer and every applying eligible individual. Allows minimum participation or contribution rules. (Sec. 132) Requires an insurer or HMO that offers coverage in the small or large group market to renew or continue the coverage at the option of the employer, except for nonpayment of premiums, fraud, and similar reasons. Allows uniform termination or modification of coverage. Part 2: Availability of Individual Health Insurance Coverage - Requires each insurer or HMO that issues individual health insurance to offer coverage to each individual who previously had group coverage. Prohibits declining issuance based on health status. Allows superseding State mechanisms reasonably designed to meet the goals of guaranteeing coverage to qualifying individuals and assuring that the individuals receive credit for prior coverage toward the new coverage's preexisting condition exclusion period. (Sec. 142) Mandates renewal or continuation of individual coverage, except for nonpayment of premiums, fraud, or similar matters. Part 3: Enforcement - Applies the civil money penalty provisions of section 104 of this Act to parts 1 and 2. Subtitle C: Affordable and Available Health Coverage Through Multiple Employer Pooling Arrangements - Amends the Employee Retirement Income Security Act of 1974 (ERISA) to set forth rules regarding multiple employer health plans. Treats a multiple employer welfare arrangement (MEWA) under which the benefits consist solely of medical care, and under which some or all benefits are not fully insured, as an employee welfare benefit plan that is a health plan. Provides for the treatment of such arrangements under preemption rules. Regulates reserves, notice regarding voluntary termination, and corrective actions and mandatory termination. (Sec. 166) Provides for the treatment of church plans. (Sec. 167) Provides for enforcement through civil monetary penalties, injunctions, and criminal penalties, as well as Federal- State cooperation in enforcement. (Sec. 169) Requires each MEWA to register before beginning operations and annually thereafter. (Sec. 170) Provides for a single annual report regarding all employers participating in a MEWA. Subtitle D: Definitions; General Provisions - Excludes church plans from the requirements of this title as they apply to group health plans. Allows governmental plans to elect not to be subject to such requirements. Requires treatment as group health plans of State Medicaid (unless a State elects otherwise) and Medicare plans and Indian Health Service programs for individual coverage certification purposes. Provides for the treatment of partnerships. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification; Medical Liability Reform - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to direct the Secretary of Health and Human Services (HHS), acting through the HHS Office of Inspector General (IG), and the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain provisions of SSA and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors and to issue advisory opinions and special fraud alerts; and (5) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established by this title. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established by this title. Makes certain appropriations to the Trust Fund and Account, earmarking certain amounts for activities of the Department of Health and Human Services' (HHS) Office of the Inspector General (IG) with respect to the Medicare and Medicaid programs under SSA titles XVIII and XIX. (Sec. 202) Establishes under Medicare the Medicare Integrity Program under which the HHS Secretary shall promote the integrity of the Medicare program by entering into contracts with certain eligible private entities to: (1) review the activities of service providers under Medicare and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons with respect to payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment which are subject to prior authorization. Prohibits fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) from carrying out certain activities to the extent the activity is carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of Medicare benefits with respect to each furnished item or service for which payment may be made to an individual without regard to whether or not a deductible or coinsurance may be imposed. Directs the HHS Secretary to establish a program for encouraging individuals to: (1) report information on fraud and abuse under Medicare; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any reports of fraud or abuse; or (2) any savings resulting from any suggestions that are adopted. (Sec. 204) Amends SSA title XI to require application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program (Federal health care programs). (Sec. 205) Directs the HHS Secretary to periodically publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or serve as the basis for an exclusion; (3) advisory opinions by the HHS IG with regard to prohibited remuneration constituting grounds for the imposition of a sanction; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires the Secretary to issue appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs, among other changes establishing minimum periods of exclusion for: (1) certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; and (2) practitioners and persons failing to meet certain statutory obligations with regard to services or items. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations in addition to the current option of termination. Provides additional intermediate sanctions for miscellaneous program violations. (Sec. 216) Provides an additional exception to anti-kickback penalties for discounting and managed care arrangements. (Sec. 217) Establishes a criminal penalty for fraudulent disposition of assets in order to obtain Medicaid benefits. Subtitle C: Data Collection - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health care plan to report to the Secretary any final adverse action taken against a health care provider, supplier, or practitioner. (Sec. 221) Allows the HHS Secretary, under the system for unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities with respect to the issuance of the identifiers. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalties, providing among other changes for: (1) the exclusion from participation in Federal and State health care programs of persons subject to penalties and assessments for applicable program violations; (2) modifications in the amounts of various specified penalties and assessments, including the sanctions against health care practitioners who violate their statutory obligations with regard to the services or items ordered or provided by them to a covered beneficiary or recipient; (3) a prohibition against offering inducements to individuals enrolled under Medicare or a State health care program; (4) subjecting to civil money penalties certain excluded individuals retaining an ownership or control interest in a participating entity if they knew or should have known of the action constituting the basis for the exclusion of such entity at the time of violation; (5) a specific definition, for such penalty purposes, for remuneration which includes the waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (6) a penalty for false certification for home health services. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and to cover within the general purview of the code health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of health care offenses, and other specified matters related to health care fraud, such as the laundering of monetary instruments. (Sec. 247) Provides for injunctive relief relating to covered health care offenses, as well as for property forfeitures. Subtitle F: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the overall health care system; and (2) reducing related administrative costs through the HHS Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by the National Committee on Vital and Health Statistics. (Sec. 252) Provides penalties for violations of provisions of this subtitle, including for the wrongful disclosure of individually identifiable health information. (Sec. 253) Amends the Public Health Service Act to provide for a change in the membership and duties of the National Committee on Vital and Health Statistics, including responsibility for advising the HHS Secretary and the Congress on the implementation of SSA title XI part C added above. Subtitle G: Duplication and Coordination of Medicare-Related Plans - Provides for the treatment of certain health insurance policies as nonduplicative under Medicare or Medicaid, such as policies providing for benefits which are payable to or on behalf of an individual without regard to other health benefit coverage of such individual. Subtitle H: Medical Liability Reform - Outlines various specified measures addressing health care liability issues, including changes establishing: (1) limitations for health care liability actions brought in a State or Federal court against a health care provider; (2) a limitation on the total amount of noneconomic damages which may be awarded to a claimant for losses resulting from an injury; (3) certain restrictions on punitive damage awards; and (4) standards for alternative dispute resolution used to resolve a health care liability action or claim. Title III: Tax-Related Health Provisions - Subtitle A: Medical Savings Accounts - Amends the Internal Revenue Code to allow a deduction for limited amounts paid to a medical savings account (MSA). Defines "medical savings account" as a trust for paying the account holder's medical expenses. Exempts an MSA from taxation unless it has ceased being an MSA. Provides for the treatment of distributions. Allows the MSA deduction to be taken whether or not the individual itemizes deductions. Excludes limited employer MSA contributions from employee gross income. Excludes employer MSA contributions from provisions relating to social security, railroad retirement, unemployment, and withholding taxes. Makes MSA contributions unavailable under cafeteria plans. Excludes MSAs from the value of taxable estates. Imposes a tax on excess MSA contributions. Exempts an MSA holder from prohibited transactions taxes if the MSA ceases to be an MSA. Imposes a penalty on MSA reporting failure. Exempts MSAs from the definition of "specified insurance contract" for provisions relating to capitalization of certain policy acquisition expenses. Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Allows self-employed individuals to deduct a portion of their expenditures for medical insurance for the individual, spouse, and dependents. Subtitle C: Long-Term Care Services and Contracts - Part I: General Provisions - Requires treating: (1) a long-term care insurance as accident and health insurance and associated amounts received as received for personal injuries and sickness and as reimbursement for medical care expenses actually incurred; (2) an employer's plan providing long-term care as an accident and health plan; (3) limited amounts paid for such insurance as payments for medical care; and (4) such insurance as guaranteed renewable under specified provisions. Provides for the treatment of: (1) excess aggregate long-term care payments; and (2) long-term care coverage provided in conjunction with life insurance. Excludes long-term care from cafeteria plans. Includes in an employee's gross income employer-provided long-term care overage provided through a flexible spending arrangement. Declares that a group health plan does not fail to meet continuation requirements solely because it fails to provide long-term coverage. (Sec. 322) Amends the definition of "medical care" (for provisions allowing a deduction for medical care expenses) to include qualified long-term care services. (Sec. 323) Imposes reporting requirements on long-term care benefit payors. Part II: Consumer Protection Provisions - Sets forth provisions regarding: (1) the model regulation and model Act promulgated by the National Association of Insurance Commissioners; and (2) certain disclosure and nonforfeitability requirements. (Sec. 326) Imposes a tax the failure to meet requirements regarding: (1) the model regulation and model Act; (2) policy or certificate delivery; and (3) claims denials information. Subtitle D: Treatment of Accelerated Death Benefits - Treats life insurance amounts paid as an amount paid because of death if the insured is terminally or chronically ill and the amount is received under a provision that is treated as long-term care insurance. Treats the amount paid by a viatical settlement provider for a life insurance contract as an amount paid by reason of the death of the insured. (Sec. 332) Treats, for life insurance company provisions, references to life insurance contracts as including references to accelerated death benefit riders (unless a rider is treated as a long-term care contract). Subtitle E: High-Risk Pools - Exempts from taxation a State-established membership organization providing nonprofit medical care coverage to high risk individuals. Subtitle F: Organizations Subject to Section 833 - Allows (for provisions affording a special deduction) an organization that is not a blue cross or blue shield (BCBS) organization to be treated as if it were a BCBS organization if it is not for profit and meets other requirements. Title IV: Revenue Offsets - Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Declares that bad debt reserve banking provisions shall not apply after a specified date. Provides for the resulting accounting method change. Subtitle B: Reform of the Earned Income Credit - Requires, in order to be eligible for the earned income credit (EIC), that a taxpayer include on the return the taxpayer's (and, if married, the spouse's) social security number (SSN). Adds to the definition of "mathematical or clerical error" references to omission of a SSN required by EIC provisions. Subtitle C: Treatment of Individuals Who Lose United States Citizenship - Requires that individuals who lose U.S. citizenship and who meet specified criteria be treated (for income, estate, and gift tax provisions) as having a principal purpose to avoid taxes. Requires, for these purposes, treating long-term U.S. residents who cease being permanent U.S. residents or begin being the resident of a foreign country as if they were U.S. citizens who lost U.S. citizenship. (Sec. 422) Requires a person who loses U.S. citizenship or ceases to be a long-term U.S. resident to provide a statement with specified contents. (Sec. 423) Mandates a report to specified congressional committees on income tax compliance by citizens and lawful permanent U.S. residents residing outside the United States.
Bill· HRH.R. 3157 (104th)referred
United States · United States Congress · 22 March 1996
Amends the Internal Revenue Code to allow both itemizers and nonitemizers a deduction of up to $2,000 annually (up to a total accumulated limit of $12,000) for amounts paid into a tax-exempt individual training account. Excludes qualified training distributions from gross income. Permits qualified training distributions to be used by certain workers for tuition, fees, books, supplies, and equipment required at an eligible educational institution.
Bill· SS. 1637 (104th)referred
United States · United States Congress · 21 March 1996
Expatriation Tax Reform Act of 1996 - Amends the Internal Revenue Code to provide that if a U.S. citizen relinquishes citizenship, all property held by such citizen at the time immediately before relinquishment shall be treated as sold at such time for its fair market value and any gain or loss shall be subject to U.S. income tax. Permits an expatriate to elect to continue to be taxed as a United States citizen, in which case the provisions applicable to other expatriates will not apply. Excludes $600,000 in gain from taxation, except for allocable gain from interest in a beneficiary's qualified trust. Allows an expatriate to elect to have property made subject to tax in the same manner as if the individual were a U.S. citizen if the individual: (1) provides security for payment of tax; (2) consents to waiver of treaty rights that would preclude tax assessment or collection; and (3) complies with other requirements prescribed by the Secretary of the Treasury. Conditions that the election shall apply to all of the expatriate's property and shall be irrevocable. Directs that if an election is made to defer tax: (1) no amount shall be required to be includible in gross income; and (2) the expatriate's tax for the taxable year in which such property is disposed of, shall be increased by the deferred tax amount, regardless of whether gain or loss is recognized in whole or in part. Limits the amount of estate, gift, and generation-skipping transfer taxes in the event of such an election. Excepts U.S. real property interests and interest in certain retirement plans. Prescribes rules for the treatment of an expatriate's interests in a trust. Terminates, on the date on which property held by an individual is treated as sold under this Act, any deferral of recognition of income or gain and any extension of time for payment of tax. Imposes a tentative tax, immediately before the expatriation date, on income required to be included equal to the amount that would be imposed if the taxable year were a short taxable year ending on the expatriation date. Disallows the exclusion from gross income of the value of any property acquired as a gift, bequest, devise, or inheritance received from a covered expatriate whose expatriation date occurs on or after February 6, 1995. Requires the filing of certain information by expatriates.
Law· HRH.R. 3136 (104th)enacted
United States · United States Congress · 21 March 1996
TABLE OF CONTENTS: Title I: Social Security Earnings Limitation Amendments Title II: Line Item Veto Title III: Small Business Regulatory Fairness Subtitle A: Regulatory Compliance Simplification Subtitle B: Regulatory Enforcement Reforms Subtitle C: Strengthening Regulatory Flexibility Subtitle D: Congressional Review Title IV: Public Debt Limit Contract with America Advancement Act of 1996 - Title I: Social Security Earnings Limitation Amendments - Senior Citizens' Right to Work Act of 1996 - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to provide, through adjustments in the monthly exempt amount, for increases in the amounts of allowable earnings under the Social Security earnings limit for individuals who have attained retirement age. Retains the current limit on substantial gainful activity earnings applicable to individuals under age 65 who are eligible for disability benefits based on blindness. (Sec. 103) Authorizes making funds available from the Federal Old-Age and Survivors Insurance Trust Fund (OASI Fund) and the Federal Disability Insurance Trust Fund (DI Fund) for continuing disability reviews. Amends the Balanced Budget and Emergency Deficit Control Act of 1985 to regulate adjustments, new budget authority, and additional outlays related to the disability reviews. Amends the Congressional Budget and Impoundment Control Act of 1974 to mandate actions by the Budget Committees of the Senate and the House of Representatives regarding adjustments and additional outlays related to the disability reviews. Requires the Commissioner of Social Security to ensure that continuing disability review funds are used to maximize savings in the old-age, survivors, and disability insurance, supplemental security income, and Medicare and Medicaid (titles XVIII and XIX of the Social Security Act) programs. Directs the Chief Actuary of the Social Security Administration (SSA) to estimate annually the present value of savings to the OASI Fund, the DI Fund, the Federal Hospital Insurance Trust Fund (HI Fund), and the Federal Supplementary Medical Insurance Trust Fund (SMI Fund) from cessation of benefit payments resulting from continuing disability reviews. Modifies the information required to be included in a specified annual report regarding amounts transferred to the Continuing Disability Review Administration Revolving Account in the DI Fund. Terminates the Continuing Disability Review Administration Revolving Account at the end of FY 2002, requiring that any balance in the Account revert to the DI Fund. Provides for appointment by the Commissioner of a Chief Actuary in the SSA. (Sec. 104) Bases entitlement of stepchildren to child's insurance benefits solely on their actual dependency on stepparent support. Repeals the requirement that the stepchild actually be living with the stepparent. Requires termination of any child's insurance benefits based on the wages and self-employment income of the stepparent after the natural parent's divorce from the stepparent becomes final. (Sec. 105) Provides that an individual shall not be considered to be disabled for OASDI purposes, or for supplemental security income (SSI) purposes under title XVI of the Act (thus denying them benefits), if alcoholism or drug addiction would be a contributing factor material to the determination of disability. (Continues disability benefits based on a separate disabling condition to individuals also disabled by drug addiction or alcoholism.) Requires the payment of OASDI or SSI benefits based on disability to a representative payee if such payment would serve the interest of an individual who also has an alcoholism or drug addiction condition and the individual is incapable of managing the benefits. Requires the Commissioner to refer such individual to the appropriate State agency administering the approved State plan for substance abuse treatment services. Appropriates additional specified amounts to supplement State and Tribal alcohol and substance abuse treatment programs funded under the Public Health Service Act. Requires State or Tribal governments receiving such an allotment to consider as priorities activities relating to the treatment of the abuse of alcohol and other drugs. (Sec. 106) Mandates a pilot study regarding providing individualized information to benefit recipients designed to promote better understanding of their contributions and benefits. (Sec. 107) Prohibits any U.S. officer or employee, with regard to the OASI, DI, HI and SMI Funds, from delaying any deposit or credit, refraining from investment in public debt obligations, or redeeming prior to maturity amounts invested in public debt obligations. (Sec. 108) Mandates appointment of three professional staff members of the Social Security Advisory Board, requiring that one of the three be appointed from individuals approved by Board members who are not members of the political party represented by the majority of the Board. Title II: Line Item Veto - Line Item Veto Act - Amends the Congressional Budget and Impoundment Control Act of 1974 to authorize the President to cancel in whole any: (1) dollar amount of discretionary budget authority; (2) item of new direct spending; or (3) limited tax benefit. Requires the President to notify the Congress within five days. Makes the cancellation effective on Congressional receipt of the message. Requires the Office of Management and Budget to take certain actions: (1) for each dollar amount of discretionary budget authority and new direct spending cancelled regarding certain estimates and discretionary spending limits; (2) for each item of new direct spending or limited tax benefit cancelled regarding certain estimates; and (3) regarding providing estimates to the Budget Committees of the House of Representatives and the Senate. Mandates a congressional review period of 30 days on which both Houses of the Congress are in session. Regulates procedures for consideration of disapproval bills. Requires the Joint Committee on Taxation (JCT) to review any revenue or reconciliation bill or joint resolution that includes any amendment to the Internal Revenue Code that is being prepared for filing by a conference committee and to provide the conference committee a statement identifying those benefits or declaring that the bill or resolution does not contain any such benefits. Allows the bill or resolution, as reported from the conference committee, to include in a separate section the information in that statement. Limits, if that section is included, the President's cancelling authority to any benefit identified in that section. Prohibits judicial review of the JCT statement or its inclusion. (Sec. 203) Allows any Member of Congress or any individual adversely affected by specified provisions of the Congressional Budget and Impoundment Control Act of 1974 to bring an action in U.S. district court for declaratory judgment and injunctive relief on the ground of unconstitutionality. Makes a resulting order reviewable by appeal directly to the U.S. Supreme Court. Requires expediting by the district court and the Supreme Court. Title III: Small Business Regulatory Fairness - Small Business Growth and Fairness Act of 1996 - Subtitle A: Regulatory Compliance Simplification - States that for each rule or group of related rules for which an agency is required to prepare a final regulatory flexibility analysis, the agency shall publish one or more guides to assist small entities (businesses) in complying. Designates such publications as small entity compliance guides. Requires such guides to be provided through comprehensive sources of information. Limits judicial review with respect to the designation of such guides. (Sec. 313) Provides that, whenever appropriate, it shall be the practice of the agency to answer inquiries by small entities concerning information on and advice about compliance with statutes and regulations. Requires each agency regulating the activities of small entities to establish a program for responding to such inquiries within one year after enactment of this Act. (Sec. 314) Amends the Small Business Act to require small business development centers to provide assistance to small businesses concerning regulatory requirements and to develop informational publications, establish resource centers, and distribute compliance guides. (Sec. 315) Authorizes agencies to develop guides that fully integrate requirements of both Federal and State regulations where regulations within such agency's area of interest impact small businesses. Subtitle B: Regulatory Enforcement Reforms - Requires the Small Business Administration (SBA) to designate a Small Business and Agriculture Regulatory Enforcement Ombudsman to: (1) ensure that small businesses that receive an audit, on-site inspection, compliance assistance effort, or other enforcement action are given a means to comment on such enforcement activity; (2) establish means to receive comments from small businesses regarding enforcement actions; (3) report annually to the Congress and affected agencies on such comments; (4) provide affected agencies with an opportunity to comment on such reports; and (5) report annually to the SBA and the heads of affected agencies on activities, findings, and recommendations of the Boards. Directs the SBA to establish a Small Business Regulatory Fairness Board (Board) in each SBA regional office. Requires each Board to: (1) meet at least annually and report to the Ombudsman on instances of excessive enforcement actions taken against small businesses; (2) comment on the annual report of the Ombudsman; and (3) consist of owners, operators, or officers of small entities. (Sec. 322) Requires each agency regulating the activities of small entities to establish, within one year of enactment of this Act, a policy or program to provide for the reduction and possible waiver of civil penalties for violations by a small entity of a statutory or regulatory requirement. Provides policy or program conditions and exclusions. Requires each such agency to report to the Congress on the scope of its program or policy. Subtitle C: Strengthening Regulatory Flexibility - Revises judicial review procedures for small entities adversely affected or aggrieved by agency regulatory actions or requirements. (Sec. 332) Directs a regulatory agency, at least 30 days before publication of a general notice of proposed rulemaking, to transmit to the Chief Counsel for Advocacy of the SBA a copy of the proposed rule and either: (1) a copy of the initial regulatory flexibility analysis for such rule; or (2) a determination that such an analysis is not required. Authorizes the Chief Counsel to transmit to such agency a written statement of the effect of such rule on small entities. Allows the agency to respond to such written statement. (Sec. 333) Expresses the sense of the Congress that the Chief Counsel should be permitted to appear as amicus curiae in any U.S. action or case brought to review a rule. Subtitle D: Congressional Review - Provides that before a rule can take effect as a final rule, the Federal agency promulgating such rule shall submit to each House of Congress and the Comptroller General a report containing: (1) a copy of the rule; (2) a concise general statement of the rule; and (3) its proposed effective date. Requires such agency to make available to the Comptroller General and, upon request, to each House of Congress certain other relevant information, including a cost-benefit analysis of the rule. Directs the Comptroller General to report on each significant rule to the committees of jurisdiction of each House of Congress. Makes a major rule effective as a final rule on the latter of the date 60 days after: (1) the Congress receives the report on such rule; or (2) the rule is published in the Federal Register. Prohibits: (1) a rule from taking effect if the Congress passes a joint resolution of disapproval under procedures prescribed in this Act; or (2) a rejected rule from being reissued in substantially the same form. Authorizes the President to waive such a resolution if he determines, and notifies the Congress in writing, that the waiver is necessary: (1) because of an imminent threat to health or safety or other emergency; (2) for the enforcement of criminal laws; (3) for national security; or (4) pursuant to any statute implementing an international trade agreement. Outlines the procedure for the congressional treatment of rules issued 60 days or earlier before the Congress adjourns a session. Provides transition rules for rules issued before the enactment of this title. Provides congressional rule disapproval procedures. Provides that, in the case of any deadline for or relating to any rule which does not take effect because of the enactment of a congressional joint resolution, such deadline is extended until one year after the enactment date of such resolution. Defines "major rule" for purposes of this section as a rule having an annual economic effect of $100 million or more, resulting in a major increase in costs or prices, or having a significant adverse effect on competition, employment, investment, productivity, innovation, or the ability of U.S. companies to compete with foreign companies. Prohibits judicial review of determinations made under this title. States that the congressional review procedures of this title shall not apply to rules that concern monetary policy proposed or implemented by the Federal Reserve System or the Federal Open Market Committee. Allows the promulgating Federal agency to determine the effective date for any rule that establishes, modifies, opens, closes, or conducts a regulatory program for a commercial, recreational, or subsistence activity related to hunting, fishing, or camping. Title IV: Public Debt Limit - Amends Federal law to increase the public debt limit to $5.5 trillion.
Bill· HRH.R. 3137 (104th)referred
United States · United States Congress · 21 March 1996
Amends the Internal Revenue Code to provide that the failure to file returns or to pay taxes shall be treated as due to reasonable cause and not due to willful neglect under specified circumstances.
Bill· HJRESH.J.Res. 167 (104th)referred
United States · United States Congress · 21 March 1996
Constitutional Amendment - Prohibits the judicial power of the United States from including the power to require States, the District of Columbia, or any commonwealth, territory, or possession of the United States to levy or increase any tax.
Law· HRH.R. 3121 (104th)enacted
United States · United States Congress · 20 March 1996
TABLE OF CONTENTS: Title I: Defense and Security Assistance Chapter 1: Military and Related Assistance Chapter 2: International Military Education and Training Chapter 3: Antiterrorism Assistance Chapter 4: Narcotics Control Assistance Chapter 5: Other Provisions Title II: Transfer of Naval Vessels to Certain Foreign Countries Title I: Defense and Security Assistance - Chapter 1: Military and Related Assistance - Amends the Arms Export Control Act (AECA) to: (1) require loans made under the Foreign Military Financing Program to be provided at interest rates that are not less than the current average market yield of outstanding U.S. marketable obligations of comparable maturities; (2) authorize the President, with respect to the Government of Israel (currently, only to member nations of the North Atlantic Treaty Organization), to provide quality assurance, inspection, and contract audit services under contracts for defense articles entered into with such nation; (3) direct the Secretary of Defense to conduct audits of private firms that have contracted with foreign governments for the procurement of defense articles or services or design and construction services; (4) require notification to specified congressional committees for each country and international organization that has been approved for cash flow financing for the procurement of such articles or services valued in excess of $100 million that is to be financed under AECA or the Foreign Assistance Act of 1961 (FAA); (5) limit to $100 million the fiscal year funds to be made available to countries other than Israel and Egypt for financing such articles or services that are not sold by the U.S. Government under AECA; and (6) include in a required annual arms sales estimate and justification made by the President to the Congress a detailed accounting of all articles, services, credits, guarantees, or other assistance furnished to each country and international organization during the preceding fiscal year for the detection and clearing of landmines, as well as an analysis of de- mining activities. (Sec. 103) Amends FAA to authorize the President, under certain emergency conditions, to direct the drawdown of defense articles and services from the inventory and resources of any Federal agency (currently, only from the Department of Defense (DOD)). Provides additional authorized purposes for the use of such authority. Increases from $75 million to $150 million the fiscal year limit on such drawdown authority, with a limit of $75 million from DOD and $75 million from other Federal agencies. Requires notification to specified congressional committees at least 15 days in advance of the use of such authority. (Sec. 104) Authorizes the President to transfer excess defense articles to any country (currently, limited to certain NATO countries) for which receipt of such articles is justified under certain military assistance programs or for which receipt was separately justified to the Congress for such fiscal year. Provides transfer limitations and terms. Waives the requirement that DOD be reimbursed by recipient countries for its transfer costs. Prohibits DOD funds from being expended for transfer transportation costs, with a waiver by the President for national interest reasons (with certain other limitations). Requires the President to notify specified congressional committees at least 15 days in advance of the transfer of excess defense articles that are significant military equipment or valued at $7 million or more. Limits to $350 million the aggregate value of excess defense articles that may be transferred in a fiscal year. Requires documents justifying such transfers to include specified information as to transfer value and costs. (Sec. 105) Authorizes DOD, during FY 1996 and 1997, to expend funds for crating, packing, handling, and transportation of excess defense articles for transfer to countries that are eligible: (1) to participate in the Partnership for Peace; and (2) for assistance under the Support for East European Democracy Act of 1989. Chapter 2: International Military Education and Training - Allows funds made available for FY 1996 and 1997 for military training and education purposes to be obligated for Indonesia only for expanded military and education training that meets specified requirements under FAA. (Sec. 112) Allows individuals who are not members of the government of a foreign country to receive military education and training assistance under FAA. Authorizes the President to provide for the attendance of foreign military and civilian defense personnel at flight training schools and programs in the United States without charge under such training and education program, with specified conditions. Prohibits the availability of such funds on a grant basis for high-income foreign countries (Austria, Finland, the Republic of Korea, Singapore, and Spain) for the military education and training of military and related civilian personnel of such countries. Chapter 3: Antiterrorism Assistance - Repeals a provision of FAA which: (1) authorizes antiterrorism assistance to eligible foreign countries, subject to reimbursement for the value of such assistance; (2) limits the provision of training services outside the United States; and (3) requires U.S. personnel providing antiterrorism assistance to carry out such activities within the United States. Prohibits the use of funds for the procurement of weapons and ammunition, with an exception for arms and ammunition integrally and directly related to antiterrorism training. Repeals the requirement of a report from the President to specified congressional leaders whenever such assistance is provided to a country. (Sec. 122) Authorizes funds made available in FY 1996 and 1997 under FAA for antiterrorism assistance to be made available to the Technical Support Working Group of the Department of State for research and development expenses related to contraband detection technologies or for field demonstration of such technologies. Chapter 4: Narcotics Control Assistance - Adds to the authorized uses of narcotics control assistance under FAA the policing of international criminal activities that endanger political and economic stability and democratic development. Authorizes the President to accept contributions from foreign governments to carry out narcotics control programs for the benefit of such countries. Requires a detailed report from the President to specified congressional committees on contributions received and used. Authorizes the President to provide such assistance on a reimbursable basis. Authorizes the Secretary of State to receive nonlethal excess property from any Federal agency and, in turn, provide such property to a foreign government for narcotics control law enforcement assistance activities. (Sec. 132) Provides that certain national drug control authority described under the National Narcotics Control Leadership Act of 1988 may be exercised with respect to funds authorized under FAA and with respect to State Department personnel only to the extent that the appropriate congressional committees have been notified 15 days in advance of the use of such authority. (Sec. 133) Authorizes during FY 1996 and 1997 narcotics-related economic assistance to be provided under FAA to foreign countries notwithstanding any provision of law that otherwise restricts assistance to foreign countries (with exceptions), as long as the President, at least 15 days before obligating funds for such purpose, notifies the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications. Chapter 5: Other Provisions - Amends AECA to direct the President, if he states in a certification for the transfer of certain defense articles or services that an emergency exists which requires that congressional consent to such transfer become effective immediately due to national security, to set forth in such certification a detailed justification for the national security determination. Provides for the consideration of congressional joint resolutions prohibiting the transfer of defense articles and services. Requires certification to be submitted to the Congress: (1) at least 15 days before consent is given for the transfer of any major defense equipment valued at $14 million or more or any defense article or service valued at $50 million or more to NATO countries, Australia, Japan, or New Zealand; and (2) at least 30 days before such consent is given in the case of a transfer to any other country. Provides an exception in both cases for emergency conditions of national security interests. Provides the same certification requirements, with respect to such equipment, articles, or services, for: (1) export licenses; and (2) commercial technical assistance or manufacturing licensing agreements. Provides joint resolution procedures in each case for the prohibition of such licenses or agreements. Requires the President to include a detailed justification of the existence of emergency national security circumstances for immediate congressional consent to the leasing to a foreign government or organization of defense articles under provisions of FAA. Provides the same time limits with respect to certifications for such leases as provided for major defense equipment, articles, and services, above. (Sec. 142) States that the consent of the President shall not be required for the transfer by a foreign country or international organization to another country of defense articles sold by the United States under AECA, as long as specified conditions are met, including that the recipient government is a NATO country, Australia, Japan, or New Zealand. (Sec. 143) Authorizes the President to assign U.S. military personnel to any foreign country (currently, only to NATO countries and the armed forces of Japan, Australia, and New Zealand) to promote rationalization, standardization, interoperability, and other defense cooperation measures. (Sec. 144) Defines "significant military equipment" for purposes of AECA as articles: (1) for which special export controls are warranted because of their substantial military utility or capability; and (2) identified on the U.S. Munitions List. (Sec. 145) Eliminates an annual reporting requirement relating to the acquisition of defense articles and services. (Sec. 146) Revises the replacement cost requirements placed on foreign countries or international organizations in the leasing of defense articles from the stocks of DOD. (Sec. 147) Directs the President to notify the Congress at least 30 days in advance of: (1) designating a country as a major non-NATO ally for purposes of FAA; or (2) terminating such a designation. Designates the following countries as such allies: Australia, Egypt, Israel, Japan, the Republic of Korea, and New Zealand (waiving the need of congressional notification for such countries). (Sec. 148) Increases the dollar thresholds, on or after which certification shall be required from the President to the Congress before the transfer to a foreign country, of: (1) major defense equipment, from $14 million to $25 million; (2) defense articles or services, from $50 million to $75 million; and (3) design and construction services, from $200 million to $300 million. (Sec. 149) Prohibits the use of funds under FAA or any other Act to facilitate in any way the sale of M-833 antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than NATO countries, major non-NATO allies, or Taiwan. Provides a national security exception. (Sec. 150) Directs the President to establish a program for the end-use monitoring of defense articles sold, leased, or exported under AECA or FAA. Outlines program requirements. Requires annual implementation reports from the President to the Congress. (Sec. 151) Requires every person (other than an officer or employee of the United States acting in official capacity) who engages in the United States in the business of brokering activities with respect to the manufacture, export, import, or transfer of domestic or foreign defense articles or services to register with the Government and to pay a registration fee. Prohibits any person from engaging in such activities without a license (with an exception for certain activities undertaken by a Federal agency). (Sec. 152) Authorizes the President to acquire a repairable defense article from a foreign country or international organization if such article: (1) was previously transferred to such country under AECA; (2) is not an end item; and (3) will be exchanged for a defense article of the same type that is in the stocks of DOD. Outlines further acquisition limitations. Requires the government or organization receiving a new or repaired defense article in place of the repairable defense article to be charged all costs associated with such repair and replacement. Authorizes the President to accept the return of a defense article from a foreign country or organization if such article: (1) was previously transferred to such country or organization under AECA; (2) is not significant military equipment; and (3) is in fully functioning condition without need of repair or rehabilitation. Provides further limitations and provides a credit to the country or organization returning such article. (Sec. 153) Authorizes the President, in the interest of national security, to waive the reimbursement of depreciation for any defense article which has passed three-quarters of its normal service life. Title II: Transfer of Naval Vessels to Certain Foreign Countries - Authorizes the Secretary of the Navy to transfer designated frigates, surveillance ships, or landing ships to: (1) Egypt; (2) Mexico; (3) New Zealand; (4) Portugal; (5) the Taipei Economic and Cultural Representative Office in the United States; and (6) Thailand. Requires vessel recipients to pay any transfer costs. Terminates such transfer authority two years after the enactment of this Act. Directs the Secretary to require, as a condition of such transfers, that any necessary repair or refurbishment of such vessels be performed at a U.S. shipyard.
Bill· HRH.R. 3127 (104th)open
United States · United States Congress · 20 March 1996
Southern Nevada Public Land Management Act of 1996 - Directs the Secretary of the Interior (Secretary) to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada. Allows a unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain, without consideration, up to 12 percent of the lands for local public purposes. Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government. Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; (3) Clark County, Nevada, for development of parks and trails and for public recreation purpose; and (4) a special account in the Treasury for direct payments where lands are exchanged under this Act and for the acquisition of environmentally sensitive land in Nevada and for infrastructure needs associated with recreation and resource protection programs in Federal areas in Clark County. Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions. (Sec. 5) Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. States that nothing in this Act or any other shall be construed to constitute Federal reservation of water or water rights for any purpose arising from the acquisition of lands or interests in lands. Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes). (Sec. 7) Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the Recreation and Public Purposes Act (RPPA) or a unit of local government making an election to obtain land for local public purposes under this Act, to enter into an exchange of lands on an equal value basis. Requires the Secretary: (1) to make land available under the RPPA to the Southern Nevada Water Authority; and (2) in consultation with the Army Corps of Engineers and the Clark County Nevada Regional Flood Control District in Nevada, to make land available to the District, in accordance with the RPPA, for flood control purposes. (Sec. 8) Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Area.
Bill· HRH.R. 3119 (104th)referred
United States · United States Congress · 20 March 1996
Revises Federal veterans' benefits provisions to require the Secretary of Veterans Affairs to furnish hospital care, and to allow the Secretary to furnish nursing home care, to a veteran who is catastrophically disabled (a veteran whose expenditures for such care exceeded 7.5 percent of his or her gross adjusted income for the preceding year). (Sec. 2) Makes eligible for medical services on an ambulatory or outpatient basis, notwithstanding that there is insufficient medical evidence to conclude that such disability may be associated with the described exposure, any disabled veteran who the Secretary finds: (1) may have been exposed to dioxin or was exposed to a toxic substance found in a herbicide or defoliant used for military purposes during the Vietnam era while serving on active duty in Vietnam; (2) was exposed while serving on active duty to ionizing radiation from the detonation of a nuclear device in connection with such veteran's participation in the test of such a device or with the American occupation of Hiroshima and Nagasaki, Japan, from September 11, 1945, through July 1, 1946; or (3) may have been exposed to a toxic substance or environmental hazard while serving on active duty in Southwest Asia during the Persian Gulf War. Prohibits the provision of such medical services: (1) for any disability that is found to have resulted from a cause other than the exposure described; or (2) after December 31, 1996. Repeals a provision regarding the order of priority for furnishing ambulatory or outpatient medical services for veterans. (Sec. 3) Directs the Secretary to furnish nursing home, domiciliary, or long-term care to qualifying disabled veterans where necessary for medical purposes or to obviate the need for hospital care. (Sec. 4) Authorizes the Secretary to furnish hospital and nursing home care to any adult dependent of a veteran which the Secretary determines is needed for a disability if such dependent agrees to pay a specified amount representing a portion of the costs of care. Makes such amounts collected or received by the United States for hospital, nursing home, and domiciliary care available to the Secretary for payment of the costs of such care, without fiscal year limitation. (Sec. 5) Revises the definition of covered "medical services" for purposes of veterans' benefits provisions to include: (1) primary health care services which include initial diagnostic services, treatment services, referral to specialized care or services, and long-term followup care or services for certain chronic conditions, and routine services regarding disabilities that are provided by physicians who specialize in such disabilities; and (2) medical equipment and prosthetic appliances that are prescribed by a physician based on specific medical needs. (Sec. 7) Repeals a requirement that the Secretary include in the budget documents submitted to the Congress for any fiscal year a detailed report on contract care and services furnished. Authorizes the Secretary to furnish primary health care or preventive health services to veterans who reside in locations that are more than 50 miles or one hour traveling time from a Department of Veterans Affairs facility by or through contract with non-Department facilities under specified circumstances. (Sec. 8) Modifies provisions regarding prosthetic appliances and seeing eye dogs. Directs the Secretary to furnish medical equipment or a prosthetic appliance (equipment) as well as necessary fitting and training to any veteran who is entitled to such equipment. Authorizes the Secretary to repair or replace any reasonably necessary equipment belonging to the veteran which is damaged or destroyed by an accident caused by a service-connected disability for which the veteran is in receipt of, or would, but for the receipt of retirement pay, be entitled to, disability compensation. Authorizes the Secretary to provide eligible veterans: (1) training in a Department facility or by contract, including certain travel and incidental expenses; (2) special clothing made necessary by the wearing of equipment; (3) seeing-eye or guide dogs trained to aid the blind and devices for aiding individuals in overcoming blindness, plus training, including travel expenses; and (4) devices for assisting in overcoming deafness, including telecaptioning decoding devices for television receivers. (Sec. 9) Revises provisions regarding the Department of Veterans Affairs Medical-Care Cost Recovery Fund to make specified amounts available to the Secretary for payment of the costs of furnishing hospital care and medical services, including the costs of Department personnel salaries. (Sec. 10) Grants authority for reimbursement by Medicare of certain health care services provided by Department facilities. (Sec. 11) Directs the Secretary to ensure that the Department maintains its capacity to provide for the specialized treatment and rehabilitative needs of disabled veterans, including veterans with spinal cord dysfunction, blindness, and mental illness, in a manner that: (1) affords reasonable access to care and services for those specialized needs; and (2) ensures that overall Department capacity to provide such services is not reduced below its capacity to provide such services as of the date of enactment of this Act.
Bill· HRH.R. 3130 (104th)referred
United States · United States Congress · 20 March 1996
TABLE OF CONTENTS: Title I: Assuring Availability and Continuity of Health Coverage Subtitle A: Guaranteed Access to Health Coverage Subtitle B: Provision of Benefits Subtitle C: Fair Rating Practices Subtitle D: Consumer Protections Subtitle E: Benefits Subtitle F: Standards and Certification; Enforcement; Preemption; General Provisions Subtitle G: Definitions; General Provisions Title II: Administrative Simplification Subtitle A: Standards for Data Elements and Transactions Subtitle B: Requirements with Respect to Certain Transactions and Information Subtitle C: Miscellaneous Provisions Title III: Antitrust Health Insurance Affordability Act of 1996 - Title I: Assuring Availability and Continuity of Health Coverage - Subtitle A: Guaranteed Access to Health Coverage - Requires carriers offering health coverage in the individual and small group market to make available standard and high-deductible coverage. Mandates a family option. Prohibits carriers from requiring limits based on health status, claims experience, or similar factors. (Sec. 102) Mandates acceptance of every small employer and qualifying individual. Allows financial capacity limits and provides for multiple employer welfare arrangement treatment. (Sec. 103) Prohibits denying, canceling, or refusing to renew coverage except for premium nonpayment or similar factors. (Sec. 104) Regulates preexisting condition exclusions and enrollment periods. Subtitle B: Provision of Benefits - Sets forth managed care requirements and mandates a utilization review report. Subtitle C: Fair Rating Practices - Regulates rating variations and mandates a model risk adjustment system. Subtitle D: Consumer Protections - Mandates disclosures by carriers and group plans. (Sec. 132) Regulates carrier remuneration and compensation to agents and brokers. (Sec. 133) Requires carriers and group plans to maintain written policies and procedures respecting advance directives. Subtitle E: Benefits - Regulates standard and high-deductible coverage. (Sec. 144) Mandates establishment of procedures for benefit valuation, the deductible amount for high-deductible coverage, and model benefit packages. (Sec. 145) Regulates the offering of supplemental benefits. (Sec. 146) Requires carriers to offer an option to treat children under 26 as family members. Subtitle F: Standards and Certification; Enforcement; Preemption; General Provisions - Mandates standards regarding this subtitle's requirements. Requires implementation and enforcement regarding carriers, insurance coverage, and group plans. Deems provisions of this title relating to group plans and employers to be provisions of the Employee Retirement Income Security Act of 1974. Amends the Internal Revenue Code to impose a tax on a carrier's failure to comply with this Act's requirements. (Sec. 155) Prohibits a single employer plan from offering coverage other than through a carrier unless the plan has at least 100 eligible employees. Subtitle G: Definitions; General Provisions - Sets forth definitions for this Act and effective dates for this title. Title II: Administrative Simplification - Subtitle A: Standards for Data Elements and Transactions - Mandates standards under this subtitle that are: (1) consistent with reducing health care costs; and (2) in use and generally accepted, developed, or modified by standard-setting organizations accredited by the American National Standard Institute. (Sec. 212) Requires: (1) standards regarding electronic transmission of health information data elements; (2) a standard unique identifier for each individual, employer, plan sponsor, and health provider; (3) data element code sets; (4) technical standards consistent with network privacy standards; (5) regulations regarding electronic signature transmission and authentication; (6) direct laboratory claims submission; and (7) network privacy standards. Subtitle B: Requirements with Respect to Certain Transactions and Information - Requires transactions between plan sponsors and providers to use standard data elements. (Sec. 222) Requires a certified health information security organization to make non-identifiable health information available to Federal or State agencies. (Sec. 223) Requires a procedure under which a sponsor or provider that is unable to transmit standard data elements directly may comply with this part. Subtitle C: Miscellaneous Provisions - Mandates network operating standards and a network certification procedure. (Sec. 232) Prohibits requiring data elements or transmission inconsistent with this Act. Allows waivers. Requires anonymity for those reporting violations. (Sec. 233) Preempts contrary State law. Title III: Antitrust - Mandates: (1) guidelines on antitrust law application to health plan activities; and (2) a review process enabling plans to request a Federal antitrust conformity opinion.
Bill· HRH.R. 3125 (104th)referred
United States · United States Congress · 20 March 1996
TABLE OF CONTENTS: Title I: Long-Term Care Title II: Social Security Benefits Title III: Independent Commission on Medicare Title IV: Health Care Fraud Prevention Subtitle A: All-Payer Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Administrative and Miscellaneous Provisions Subtitle D: Civil Monetary Penalties Subtitle E: Amendments to Criminal Law Subtitle F: Payments for State Health Care Fraud Control Units Senior Citizens Bill of Rights Act of 1996 - Title I: Long-Term Care - Amends the Internal Revenue Code to: (1) provide for the treatment of qualified long-term care insurance as accident and health insurance for purposes of insurance company taxation; (2) exclude such insurance from cafeteria plans or flexible spending arrangements; (3) include amounts paid for qualified long-term care services as medical expenses for individual itemized deductions; (4) provide for the nonrecognition of gain or loss on the exchange of any life insurance contract or an endowment or annuity contract for a long-term care insurance contract; (5) exclude from gross income distributions from certain retirement plans for long-term care insurance; and (6) allow a $1,000 per qualified person tax credit for taxpayers who maintain a household which includes one or more qualified persons. Title II: Social Security Benefits - Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) of the Social Security Act to increase the monthly exempt amount, under the earnings test, for individuals who have attained retirement age. Sets forth a schedule of monthly adjustments increasing from $1,466 for taxable year 1997 to $4,166 for taxable year 2003. (Sec. 202) Allows members of the clergy to revoke their exemption from social security coverage. Title III: Independent Commission on Medicare - Establishes the Independent Commission on Medicare to: (1) report to the Congress and the President during December of each year on certain aspects of the Medicare program under title XVIII of the Social Security Act involving projected outlays and benefits; and (2) report to the Congress during July of each year specific recommendations on certain changes to ensure that total program outlays for the fiscal year involved do not exceed specified limits. Precludes such recommendations from including changes relating to the payment of payroll taxes for financing the program. (Sec. 303) Provides procedures for expedited congressional consideration of recommendations. (Sec. 305) Requires the Congress, not later than April 15 of each year, to establish, in the concurrent resolution on the budget for the fiscal year beginning on the following October 1, a limit on total outlays to be made under the Medicare program for the fiscal year. (Sec. 306) Amends the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act) to provide for the enforcement of such limits through sequestration. Title IV: Health Care Fraud Prevention - Subtitle A: All-Payer Fraud and Abuse Control Program - Directs the Secretary of Health and Human Services to establish: (1) an all-payer fraud and abuse control program; and (2) standards, including information standards and disclosure standards, to carry out such program. Authorizes appropriations. Establishes, for such program, the Health Care Fraud and Abuse Account (the Account), which shall consist of gifts, bequests, deposits, and transfers under certain health care offenses provisions of specified Acts. (Sec. 402) Provides for the application to any health plan of specified health anti-fraud and abuse provisions of part A (General Provisions) of title XI of the Social Security Act. (Sec. 403) Directs the Secretary to solicit proposals annually for modification of, and to modify, existing safe harbor rules. Permits any individual, at any time, to request a notice from the Inspector General (IG) informing the public of practices which the IG considers to be suspect or of particular concern. (Sec. 404) Directs the Secretary to establish a program through which individuals entitled to Medicare benefits may confidentially report instances of suspected fraud. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Amends titles XI (General Provisions and Peer Review) and XVIII (Medicare) of the Social Security Act to: (1) provide for mandatory exclusion of individuals with a felony fraud conviction from participation in Medicare and State health care programs; (2) establish a minimum period of exclusion for certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; (3) provide for the permissive exclusion of individuals with ownership or control interest in sanctioned activities; (4) provide for a minimum period of exclusion for practitioners and individuals failing to meet statutory obligations; and (5) intermediate sanctions for Medicare health maintenance organizations. Subtitle C: Administrative and Miscellaneous Provisions - Directs the Secretary to provide for the establishment of a national health care fraud and abuse data collection program for the reporting of final adverse actions against health care providers, suppliers, or practitioners. Subtitle D: Civil Monetary Penalties - Provides, under part A of title XI of the Social Security Act, for: (1) the payment of the portion of amounts recovered under this Act into the Account; and (2) an increase in the civil monetary penalty. Subjects to such penalty an excluded individual retaining an ownership or controlling interest of five percent or more in a Medicare or State health care program. Permits the Secretary to impose a $10,000 penalty, plus a special assessment, on any individual (including any organization, but excluding a beneficiary) who knowingly violates the prohibition against illegal remunerations. Subtitle E: Amendments to Criminal Law - Amends the Federal criminal code to: (1) impose a fine or imprisonment for up to ten years or both in the case of health care mail fraud; (2) provide for the forfeiture of property for certain Federal health care offenses; (3) provide for specified injunctive relief; (4) provide for fines or imprisonment or both in connection with Federal health care offenses; (5) establish a voluntary disclosure program in connection with Federal health care offenses; and (6) establish penalties for obstruction of criminal investigations of Federal health care offenses, theft or embezzlement in connection with health care, and the laundering of monetary instruments in connection with a Federal health care offense. Subtitle F: Payments for State Health Care Fraud Control Units - Directs the Governor of each State to establish and maintain a State agency to act as a State Health Care Fraud and Abuse Control Unit. Provides for specified Federal payments to the States for such agencies.
Bill· HRH.R. 3132 (104th)referred
United States · United States Congress · 20 March 1996
Medicare Contractor Reform Amendments of 1996 - Amends title XVIII (Medicare) of the Social Security Act to make various specified changes in the way Medicare administers its contracts for administrative operations. Provides chiefly among such changes for: (1) augmenting the types of entities eligible to serve as carriers under the program; (2) allowing service providers their periodic choice of fiscal intermediaries; (3) repealing certain contract termination, cost reimbursement, and non-cost-effective fiscal intermediary requirements; and (4) requiring competition in cases of certain new contracts and in cases involving poor contract performance. Waives competition requirements in specified circumstances.
Bill· HRH.R. 3124 (104th)referred
United States · United States Congress · 20 March 1996
Amends the Internal Revenue Code to increase the dollar limitation on the cost of property which may be expensed by businesses as depreciable assets. Increases the amount of such property that may be placed in service at which phaseout begins. Increases the limitation on the depreciation deduction for certain automobiles.
Bill· HRH.R. 3126 (104th)referred
United States · United States Congress · 20 March 1996
Amends the Internal Revenue Code to direct that in any proceeding where the taxpayer is not precluded from using the cash receipts and disbursements accounting method, the burden of proof shall be placed upon the Secretary of the Treasury to prove that such method does not clearly reflect income.
Law· HJRESH.J.Res. 165 (104th)enacted
United States · United States Congress · 20 March 1996
Amends: (1) the Balanced Budget Downpayment Act, I (Pub.L. 104-99) to extend the March 22 appropriations deadline provisions to March 29; and (2) Pub.L. 104-92 to extend the March 22 appropriations deadline provisions to April 3.
Resolution· HRESH.Res. 386 (104th)passed
United States · United States Congress · 20 March 1996
Sets forth the closed rule for the consideration of H.J. Res. 165 (continuing appropriations). Waives provisions of rule XI of the Rules of the House of Representatives that require a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House with respect to resolutions reported by such Committee before April 1, 1996, to provide for the consideration or disposition of any of the following measures, including any amendment, conference report, or any amendment from conference in disagreement thereon: (1) a bill making general appropriations for FY 1996; or (2) a bill or joint resolution making further continuing appropriations for such fiscal year or increasing or waiving (for a temporary period or otherwise) the public debt limit.
Bill· SS. 1626 (104th)referred
United States · United States Congress · 19 March 1996
Southern Nevada Public Land Management Act of 1996 - Directs the Secretary of the Interior (Secretary) to dispose of certain Federal lands within the area under the jurisdiction of the Director of the Bureau of Land Management in Clark County, Nevada. Allows a unit of local government in whose jurisdiction the lands are located (Clark County, Las Vegas, North Las Vegas, or Henderson, Nevada) to elect to obtain, without consideration, up to 12 percent of the lands for local public purposes. Sets forth provisions concerning: (1) withdrawal of such lands from mining laws and from operation under the mineral leasing and geothermal leasing laws; and (2) joint selection of such lands for sale or exchange by the Secretary and the respective unit of local government. Provides for allocation of proceeds from the land sales and exchanges to: (1) the general education program of Nevada; (2) the Southern Nevada Water Authority; (3) Clark County, Nevada, for development of parks and trails and for public recreation purpose; and (4) a special account in the Treasury for direct payments where lands are exchanged under this Act and for the acquisition of environmentally sensitive land in Nevada and for infrastructure needs associated with recreation and resource protection programs in Federal areas in Clark County. Requires the Secretary to transfer the airport environs overlay district lands identified in the Interim Cooperative Management Agreement between the United States Department of the Interior-Bureau of Land Management and Clark County, dated November 4, 1992, to Clark County upon request, without consideration, and subject to specified conditions. (Sec. 5) Allows the Secretaries of the Interior and Agriculture to acquire environmentally sensitive land with the owner's consent. Provides that such acquired land that is within the boundaries of a unit of the National Forest System, the National Park System, the National Wildlife Refuge System, the National Wild and Scenic Rivers System, the National Trails System, the National Wilderness Preservation System, or any other system or national conservation or recreation area established by Act of Congress shall: (1) become part of the unit or area without further action by the respective Secretary; and (2) be managed in accordance with all laws and regulations and land use plans applicable to the unit or area. Includes lands acquired by the Secretaries under this Act within the definition of entitlement lands with respect to Federal payments to a local unit of government in which such land is located (payments in lieu of taxes). (Sec. 7) Authorizes the Secretary, upon request by a grantee of lands within Clark County, Nevada, that are subject to a lease or patent issued under the Recreation and Public Purposes Act (RPPA) or a unit of local government making an election to obtain land for local public purposes under this Act, to enter into an exchange of lands on an equal value basis. Requires the Secretary: (1) to make land available under the RPPA to the Southern Nevada Water Authority; (2) in consultation with the Army Corps of Engineers and the Clark County Nevada Regional Flood Control District in Nevada, to make land available to the District, in accordance with the RPPA, for flood control purposes; and (3) in consultation with the Secretary of Housing and Urban Development, to make land available in the State of Nevada, in accordance with the RPPA, for affordable housing purposes. Limits availability of such lands to State or local governmental entities, including local public housing authorities. Considers such housing to be affordable housing if it is assisted under the United States Housing Act of 1937. (Sec. 8) Amends the Red Rock Canyon National Conservation Area Establishment Act of 1990 to modify the boundaries of the Area.
Bill· HRH.R. 3111 (104th)referred
United States · United States Congress · 19 March 1996
Amends the Internal Revenue Code to provide for the treatment of frequent flier mileage and awards.
Law· HRH.R. 3103 (104th)enacted
United States · United States Congress · 18 March 1996
TABLE OF CONTENTS: Title I: Improved Availability and Portability of Health Insurance Coverage Subtitle A: Coverage Under Group Health Plans Subtitle B: Definitions; General Provisions Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification Subtitle A: Fraud and Abuse Control Program Subtitle B: Revisions to Current Sanctions for Fraud and Abuse Subtitle C: Data Collection Subtitle D: Civil Monetary Penalties Subtitle E: Revisions to Criminal Law Subtitle F: Administrative Simplification Title III: Tax-Related Health Provisions Subtitle A: Medical Savings Accounts Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals Subtitle C: Long-Term Care Services and Contracts Subtitle D: Treatment of Accelerated Death Benefits Subtitle E: High-Risk Pools Title IV: Revenue Offsets Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations Subtitle B: Reform of the Earned Income Credit Health Coverage Availability and Affordability Act of 1996 - Title I: Improved Availability and Portability of Health Insurance Coverage - Subtitle A: Coverage Under Group Health Plans - Requires a group health plan and an insurer or health maintenance organization (HMO) offering health insurance in connection with a group health plan to: (1) reduce any preexisting condition period by the aggregate period of prior coverage; and (2) limit any preexisting condition period to not more than 12 months. Prohibits: (1) preexisting condition periods for newborns and regarding certain adoptions; and (2) treating pregnancy as a preexisting condition. Allows an HMO that does not use preexisting condition limitations to impose an eligibility period. (Sec. 103) Prohibits coverage exclusion on the basis of health status. Requires a plan to allow an otherwise-eligible employee to enroll if the employee previously declined enrollment because of other coverage and subsequently lost the other coverage. Prohibits, if a plan offers family coverage, a waiting period for a newborn, certain adopted children, or a spouse. (Sec. 104) Amends the Internal Revenue Code to impose a tax on any failure of a group health plan to meet certain requirements of this Act. Deems sections 101 through 103 of this Act to be provisions of the Employee Retirement Income Security Act of 1974 (ERISA). Provides for civil money penalties for failure to meet a requirement of this subtitle. Subtitle B: Definitions; General Provisions - Sets forth definitions and general provisions, including: (1) excluding church plans from the requirements of this title; and (2) requiring treatment of State Medicaid (unless a State elects otherwise) and Medicare plans as a group health plan for individual coverage certification purposes. Title II: Preventing Health Care Fraud and Abuse; Administrative Simplification - Subtitle A: Fraud and Abuse Control Program - Amends title XI of the Social Security Act (SSA) to require the Secretary of Health and Human Services (HHS), acting through the Department of HHS Office of Inspector General (IG), and the Attorney General to establish a program to: (1) coordinate Federal, State, and local law enforcement programs to control health care fraud and abuse; (2) conduct investigations, audits, and inspections relating to the delivery of and payment for health care; (3) facilitate enforcement of certain provisions of title XI and other Acts applicable to health care fraud and abuse; (4) provide for the modification and establishment of safe harbors and to issue advisory opinions and special fraud alerts; and (5) provide for the reporting and disclosure of certain final adverse actions against health care providers, suppliers, or practitioners pursuant to the data collection system established below. (Sec. 201) Establishes the Health Care Fraud and Abuse Control Account (Account) in Medicare's Federal Hospital Insurance Trust Fund (Trust Fund) to hold the criminal fines and civil monetary penalties and assessments obtained from Federal health care cases, as well as property forfeiture proceeds resulting from such cases, and other specified amounts for financing the program above and the Medicare Integrity Program established by this title. Makes certain appropriations to the Trust Fund and Account, earmarking certain amounts for activities of the Department of HHS Office of the IG with respect to the Medicare and Medicaid programs under SSA titles XVIII and XIX. (Sec. 202) Establishes the Medicare Integrity Program under which the HHS Secretary shall promote the integrity of the Medicare program by entering into contracts with certain eligible private entities to: (1) review the activities of Medicare service providers and audit cost reports to determine whether payment should not have been made; (2) educate service providers, beneficiaries, and other persons with respect to payment and benefit issues; and (3) develop and periodically update a list of items of durable medical equipment subject to prior authorization. Prohibits fiscal intermediaries under Medicare part A (Hospital Insurance) and carriers under Medicare part B (Supplementary Medical Insurance) from carrying out certain activities under Medicare to the extent the activity is carried out pursuant to a contract under the Medicare Integrity Program. (Sec. 203) Directs the HHS Secretary to provide an explanation of Medicare benefits with respect to each furnished item or service for which payment may be made to an individual without regard to whether or not a deductible or coinsurance may be imposed. Directs the HHS Secretary to establish a program for encouraging individuals to: (1) report information on fraud and abuse under Medicare or other Federal or State health care programs; and (2) submit suggestions on methods to improve the efficiency of the Medicare program. Provides for the payment to such individuals of a portion of: (1) any amounts collected due to any such reports; or (2) any savings resulting from any such suggestions which are adopted. (Sec. 204) Amends SSA title XI to require application of criminal penalties for acts involving the Medicare program to similar violations of any plan or program that provides health benefits, whether directly, through insurance, or otherwise, which is funded directly, in whole or in part, by the Federal Government, except the Federal Employees' Health Benefits Program (Federal care health programs). (Sec. 205) Directs the HHS Secretary to periodically publish a notice in the Federal Register soliciting proposals for: (1) modifications to existing safe harbors issued under the Medicare and Medicaid Patient and Program Protection Act of 1987; (2) additional safe harbors specifying payment practices that shall not be treated as a criminal offense or serve as the basis for an exclusion; (3) advisory opinions by the HHS IG with regard to prohibited remuneration constituting grounds for the imposition of a sanction; and (4) special fraud alerts by the HHS IG, upon request, with regard to suspect practices under the Medicare program or a State health care program. Requires the Secretary to issue appropriate implementing regulations. Subtitle B: Revisions to Current Sanctions for Fraud and Abuse - Excludes from participation in Medicare and State health care programs any individual or entity convicted after the enactment of this Act of a felony related to: (1) fraud in connection with the delivery of a health care item or service; or (2) a controlled substance. (Sec. 212) Revises specified current sanctions involving exclusion for fraud and abuse under Medicare and State health care programs, among other changes establishing minimum periods of exclusion for: (1) certain individuals and entities subject to permissive exclusion from Medicare and State health care programs; and (2) practitioners and persons failing to meet certain statutory obligations with regard to services or items. Repeals the prerequisite that a health care practitioner or person be determined "unwilling or unable" to comply substantially with a corrective action plan before sanctions may be imposed (thus permitting the Secretary to exclude such practitioner or person from eligibility to provide services for failure to comply with a corrective action plan, regardless of circumstances). (Sec. 215) Permits the imposition of intermediate sanctions on Medicare health maintenance organizations in addition to the current option of termination. Provides additional intermediate sanctions for miscellaneous program violations. (Sec. 216) Provides an additional specified exception to anti- kickback penalties for discounting and managed care arrangements. (Sec. 217) Creates a criminal penalty under SSA title XI for fraudulent disposition of assets in order to obtain Medicaid benefits. Subtitle C: Data Collection - Directs the HHS Secretary to establish a national health care fraud and abuse data collection program for reporting final adverse actions against health care providers, suppliers, or practitioners. Requires each Government agency and health plan to report to the Secretary any final adverse action taken against such provider, supplier, or practitioner. (Sec. 221) Allows the HHS Secretary, under the system for unique identifiers for Medicare physicians, to impose appropriate fees on such physicians to cover the costs of investigation and recertification activities with respect to the issuance of the identifiers. Subtitle D: Civil Monetary Penalties - Revises civil monetary penalties, providing among other changes for: (1) the exclusion from participation in Federal and State health care programs of persons subject to penalties and assessments for applicable program violations; (2) modifications in the amounts of various specified penalties and assessments, including the sanctions against health care practitioners who violate their statutory obligations with regard to the services or items ordered or provided by them to a covered beneficiary or recipient; (3) a prohibition against offering inducements to individuals enrolled under Medicare or a State health care program; (4) subjecting to civil money penalties certain excluded individuals retaining an ownership or control interest in a participating entity if they knew or should have known of the action constituting the basis for the exclusion of such entity at the time of violation; (5) a specific definition, for such penalty purposes, for remuneration which includes the waiver of coinsurance and deductible amounts and transfers of items or services for free or for other than fair market value; and (6) a penalty for false certification for home health services. Subtitle E: Revisions to Criminal Law - Amends the Federal criminal code to define a Federal health care offense and cover within its general purview, and provide sanctions for, the commission of health care fraud, theft or embezzlement in connection with health care, obstruction of criminal investigations of Federal health care offenses, and other specified matters related to health care, such as the laundering of monetary instruments in connection with a Federal health care offense. (Sec. 247) Provides for injunctive relief relating to covered Federal health care offenses, as well as for property forfeitures. Subtitle F: Administrative Simplification - Amends SSA title XI to add a new part C (Administrative Simplification) for development of an electronic system for: (1) processing health care information consistent with the goal of improving the operation of the health care system; and (2) reducing related administrative costs through the HHS Secretary's adoption of certain standards for information transactions (including enrollment, disenrollment, claims attachments, and coordination of benefits) and data elements as well as standards relating to security and privacy, and performance of tasks pursuant to specified requirements, assisted by the newly established Health Information Advisory Committee. (Sec. 251) Provides penalties for violations of provisions of this subtitle, including for the wrongful disclosure of individually identifiable health information. (Sec. 261) Directs the HHS Secretary to adopt uniform coverage, administration, and payment policies for clinical diagnostic laboratory tests under Medicare part B (Supplementary Medical Insurance) in accordance with a specified process. Provides that, effective for claims submitted after the expiration of a specified 90-day period, an independent laboratory may select a single carrier for the processing of all of its claims for payment under Medicare part B without regard to the location where the laboratory or the patient or provider involved resides or conducts business. Requires such election of a single carrier to be made by the clinical laboratory, and an agreement between the carrier and laboratory to be forwarded to the HHS Secretary. Title III: Tax-Related Health Provisions - Subtitle A: Medical Savings Accounts - Amends the Internal Revenue Code to allow a deduction for limited amounts paid to a medical savings account (MSA). Defines "medical savings account" as a trust for paying the account holder's medical expenses. Exempts an MSA from taxation unless it has ceased being an MSA. Provides for the treatment of distributions. Allows the MSA deduction to be taken whether or not the individual itemizes deductions. Excludes limited employer MSA contributions from employee gross income. Excludes employer MSA contributions from provisions relating to social security, railroad retirement, unemployment, and withholding taxes. Makes MSA contributions unavailable under cafeteria plans. Excludes MSAs from the value of taxable estates. Imposes a tax on excess MSA contributions. Exempts an MSA holder from prohibited transactions taxes if the MSA ceases to be an MSA. Imposes a penalty on MSA reporting failure. Exempts MSAs from the definition of "specified insurance contract" for provisions relating to capitalization of certain policy acquisition expenses. Subtitle B: Increase in Deduction for Health Insurance Costs of Self-Employed Individuals - Allows self-employed individuals to deduct a portion of their expenditures for medical insurance for the individual, spouse, and dependents. Subtitle C: Long-Term Care Services and Contracts - Requires treating: (1) a long-term care insurance as accident and health insurance and associated amounts received as received for personal injuries and sickness and as reimbursement for medical care expenses actually incurred; (2) an employer's plan providing long-term care as an accident and health plan; (3) limited amounts paid for such insurance as payments for medical care; and (4) such insurance as guaranteed renewable under specified provisions. Provides for the treatment of: (1) excess aggregate long-term care payments; and (2) long-term care coverage provided in conjunction with life insurance. Excludes long-term care from cafeteria plans. Includes in an employee's gross income employer-provided long-term care overage provided through a flexible spending arrangement. Declares that a group health plan does not fail to meet continuation requirements solely because it fails to provide long-term coverage. (Sec. 323) Imposes reporting requirements on long-term care benefit payors. (Sec. 325) Sets forth provisions regarding: (1) the model regulation and model Act promulgated by the National Association of Insurance Commissioners; and (2) certain disclosure and nonforfeitability requirements. (Sec. 326) Imposes a tax the failure to meet requirements regarding: (1) the model regulation and model Act; (2) policy or certificate delivery; and (3) claims denials information. Subtitle D: Treatment of Accelerated Death Benefits - Treats life insurance amounts paid as an amount paid because of death if the insured is terminally or chronically ill and the amount is received under a provision that is treated as long-term care insurance. Treats the amount paid by a viatical settlement provider for a life insurance contract as an amount paid by reason of the death of the insured. (Sec. 332) Treats, for life insurance company provisions, references to life insurance contracts as including references to accelerated death benefit riders (unless a rider is treated as a long- term care contract). Subtitle E: High-Risk Pools - Exempts from taxation a State- established membership organization providing nonprofit medical care coverage to high risk individuals. Title IV: Revenue Offsets - Subtitle A: Repeal of Bad Debt Reserve Method for Thrift Savings Associations - Declares that bad debt reserve banking provisions shall not apply after a specified date. Provides for the resulting accounting method change. Subtitle B: Reform of the Earned Income Credit - Requires, in order to be eligible for the earned income credit (EIC), that a taxpayer include on the return the taxpayer's (and, if married, the spouse's) social security number (SSN). Adds to the definition of "mathematical or clerical error" references to omission of a SSN required by EIC provisions. (Sec. 412) Increases preparer penalties for certain failures or actions.
Bill· HRH.R. 3104 (104th)open
United States · United States Congress · 18 March 1996
Amends the Internal Revenue Code to set forth rules concerning the treatment of certain veterans' reemployment rights for veterans who return to civilian service following military service, including exempting such veterans from certain employer-sponsored pension contribution limits.
Bill· SS. 1620 (104th)referred
United States · United States Congress · 15 March 1996
Environmental Dredge Disposal Act of 1996 - Amends the Water Resources Development Act of 1986 to consider the provision of dredged material disposal facilities associated with Federal navigation projects for harbors as a general navigation feature of a project for purposes of Federal cost sharing. Prohibits the expenditure of Federal funds for costs associated with such a facility unless the Secretary of the Army determines that the funds are not required to cover eligible operation and maintenance (O&M) costs assigned to commercial navigation. Limits to $25 million the Federal share of such O&M costs for a fiscal year. Defines eligible O&M costs associated with such a project. Requires the amendment of existing agreements to conform with changes made under this Act.
Bill· HRH.R. 3086 (104th)open
United States · United States Congress · 14 March 1996
Fast and Efficient Tax Filing Act - Amends the Internal Revenue Code to permit the use of any private designated delivery service under the timely-mailing-as-timely-filing rule.