Subtitle Final Destination (2000)

HR 5317 IH 106th CONGRESS2d SessionH. R. 5317To increase accountability for Government spending and to reduce wasteful Government spending. IN THE HOUSE OF REPRESENTATIVESSeptember 27, 2000Mr. DEFAZIO introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Commerce, Armed Services, Science, Resources, Banking and Financial Services, International Relations, Veterans' Affairs, and Intelligence (Permanent Select), for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILLTo increase accountability for Government spending and to reduce wasteful Government spending. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,SECTION 1. SHORT TITLE; TABLE OF CONTENTS.(a) SHORT TITLE- This Act may be cited as the `Comprehensive Fiscal Responsibility and Accountability Act of 2000'.(b) TABLE OF CONTENTS- The table of contents of this Act is as follows: Sec. 1. Short title; table of contents.TITLE I--INCREASED ACCOUNTABILITY AND REDUCTION IN MEDICARE WASTE AND FRAUD Sec. 101. Increased medical reviews and antifraud activities. Sec. 102. Expansion of medicare senior waste patrol nationwide. Sec. 103. Application of inherent reasonableness to all Part B services other than physicians' services. Sec. 104. Implementation of commercial claims auditing systems.TITLE II--INCREASED ACCOUNTABILITY AND REDUCTION OF WASTEFUL DEFENSE SPENDING Sec. 201. Cancellation of F-22 aircraft program. Sec. 202. Cancellation of Comanche helicopter program. Sec. 203. Cancellation of Crusader artillery program. Sec. 204. Limitation on procurement of Virginia class attack submarines. Sec. 205. Termination of production of Trident D5 missiles. Sec. 206. Reduction in nuclear delivery systems within overall limits of START II. Sec. 207. Creation of common NATO airlift capability and reduction of United States costs for C-17 aircraft. Sec. 208. Deferral of procurement of additional C-130 tactical airlift planes. Sec. 209. Reduction in requirements for Air Force and Navy pilots in nonflying positions. Sec. 210. Reduction in number of officers so as to return to enlisted-to-officer ratio in existence in 1989. Sec. 211. Placement of Selective Service System in `deep standby' status. Sec. 212. End of taxpayer support for defense industry mergers. Sec. 213. Reduction of United States support for weapons sales abroad by eliminating future assistance under the Foreign Military Financing program. Sec. 214. Limitation on proposed increases for National Missile Defense to fiscal year 2000 levels. Sec. 215. Reduction of Central Intelligence Agency budget by 10 percent.TITLE III--REDUCTION AND REFORM OF ANTIENVIRONMENTAL SPENDINGSubtitle A--Program Terminations and Fees Sec. 301. Nuclear Energy Research Initiative. Sec. 302. National Ignition Facility. Sec. 303. Tokamak Fusion Reactors. Sec. 304. Diesel engine research. Sec. 305. Nuclear waste fund fee.Subtitle B--Mining Provisions Sec. 311. Definitions. Sec. 312. Royalties. Sec. 313. Limitation on patent issuance. Sec. 314. Mining claim maintenance requirements. Sec. 315. Savings clause.TITLE IV--AMENDMENTS OF INTERNAL REVENUE CODE OF 1986 Sec. 401. Repeal of exclusion of certain income of foreign sales corporations. Sec. 402. Denial of deduction for payments of excessive compensation. Sec. 403. Disallowance of deductions for advertising and promotional expenses relating to tobacco product use. Sec. 404. Source of income from certain sales of inventory property.TITLE V--MISCELLANEOUS PROVISIONS TO REDUCE WASTEFUL AND INEFFICIENT SPENDING Sec. 501. International space station. Sec. 502. Overseas Private Investment Corporation. Sec. 503. Prohibition on provision of new credit by the Export-Import Bank of the United States. Sec. 504. Trade and Development Agency. Sec. 505. United States international broadcasting. Sec. 506. Joint procurement of pharmaceuticals by the Department of Defense and the Department of Veterans Affairs.TITLE I--INCREASED ACCOUNTABILITY AND REDUCTION IN MEDICARE WASTE AND FRAUDSEC. 101. INCREASED MEDICAL REVIEWS AND ANTIFRAUD ACTIVITIES.Section 1893(d) of the Social Security Act (42 U.S.C. 1395ddd(d)) is amended by inserting after paragraph (3) the following: `(4) In the case of the year 2001 and each subsequent year, procedures to ensure that-- `(A) the number of medical reviews, utilization reviews, and fraud reviews in a fiscal year of providers of services and other individuals and entities furnishing items and services for which payment may be made under this title (as a percentage of total claims paid) is equal to at least twice the number of such reviews that were conducted in fiscal year 1999; `(B) the number of provider cost reports audited in a fiscal year is equal to at least-- `(i) 15 percent of those submitted by a home health agency or a skilled nursing facility; and `(ii) twice the number of such reports that were audited in fiscal year 1999 for those submitted by any other provider of services or any other individual or entity furnishing items and services for which payment may be made under this title; and `(C) in determining which providers of services, individuals, entities, or cost reports to review or audit, priority is placed on providers, individuals, entities, and areas that the Secretary determines are subject to abuse and most likely to result in mispayment or overpayment recoveries.'.SEC. 102. EXPANSION OF MEDICARE SENIOR WASTE PATROL NATIONWIDE.There are authorized to be appropriated $25,000,000 in fiscal year 2002, and such sums as are necessary for fiscal years 2003 through 2005, for the purpose of carrying out, and expanding nationwide, the Health Care Anti-Fraud, Waste and Abuse Community Volunteer Demonstration Projects conducted by the Administration on Aging pursuant to the Omnibus Consolidated Appropriations Act, 1997 (Public Law 104-208).SEC. 103. APPLICATION OF INHERENT REASONABLENESS TO ALL PART B SERVICES OTHER THAN PHYSICIANS' SERVICES.(a) REPEAL OF CERTAIN PROVISIONS OF THE BALANCED BUDGET ACT OF 1997- (1) REPEAL- Section 4316 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 390), and the amendments made by such section, are repealed effective August 5, 1997. (2) APPLICABILITY- Effective August 5, 1997, the Social Security Act shall be applied and administered as if section 4316 of the Balanced Budget Act of 1997 (Public Law 105-33; 111 Stat. 390), and the amendments made by such section, had not been enacted.(b) APPLICATION OF INHERENT REASONABLENESS TO ALL PART B SERVICES OTHER THAN PHYSICIANS' SERVICES- (1) IN GENERAL- Section 1842(b)(8) of the Social Security Act (42 U.S.C. 1395u(b)(8)) is amended to read as follows:`(8) The Secretary shall describe by regulation the factors to be used in determining the cases (of particular items or services) in which the application of this part (other than to physicians' services paid under section 1848) results in the determination of an amount that, because of its being grossly excessive or grossly deficient, is not inherently reasonable, and provide in those cases for the factors to be considered in establishing an amount that is realistic and equitable.'. (2) EFFECTIVE DATE- The amendment made by this subsection shall take effect August 5, 1997.SEC. 104. IMPLEMENTATION OF COMMERCIAL CLAIMS AUDITING SYSTEMS.(a) COMMERCIAL CLAIMS AUDITING SYSTEMS- (1) IN GENERAL- Not later than 90 days after the date of enactment of this Act, the Secretary shall require medicare carriers to use commercial claims auditing systems in the processing of claims under part B of the medicare program under title XVIII of the Social Security Act (42 U.S.C. 1395j et seq.) for the purpose of identifying billing errors and abuses. (2) SUPPLEMENT TO OTHER TECHNOLOGY- Commercial claims auditing systems required under paragraph (1) shall be used as a supplement to any other information technology used by medicare carriers in processing claims under the medicare program. (3) UNIFORMITY- In order to ensure uniformity in processing claims under the medicare program, the Secretary may require that medicare carriers utilize 1 or more common commercial claims auditing systems, provided that the selection of such system or systems by the Secretary shall be-- (A) after due consideration of competing alternative systems; but (B) without regard to any provision of law that requires the use of competitive procedures (as defined in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403)) or the publication of notice of proposed procurements. (4) IMPLEMENTATION- Commercial claims auditing systems required under paragraph (1) shall be implemented by all medicare carriers by not later than 180 days after the date of enactment of this Act.(b) MINIMUM SOFTWARE REQUIREMENTS- Any commercial claims auditing system required to be implemented pursuant to subsection (a) shall, at a minimum-- (1) be a commercial item; (2) surpass the capability of systems currently used in the processing of claims under part B of the medicare program; and (3) be modifiable to-- (A) satisfy pertinent statutory requirements of the medicare program; and (B) conform to policies of the Secretary regarding claims processing under such program.(c) DISCLOSURE- (1) IN GENERAL- Except as provided in paragraph (2), notwithstanding any other provision of law, any information technology (or data related thereto) utilized by medicare carriers in establishing a commercial claims auditing system pursuant to subsection (a) shall not be subject to public disclosure. (2) AUTHORIZED DISCLOSURE- The Secretary may authorize the public disclosure of the informa-tion described in paragraph (1) if the Secretary determines that-- (A) release of such information is in the public interest; and (B) the information to be released is not protected from disclosure under section 552(b) of title 5, United States Code.(d) DEFINITIONS- In this section-- (1) COMMERCIAL CLAIMS AUDITING SYSTEM- The term `commercial claims auditing system' means a commercial specialized auditing system that includes edits which identify inappropriately coded health care claims. (2) COMMERCIAL ITEM- The term `commercial item' has the meaning given such term in section 4 of the Office of Federal Procurement Policy Act (41 U.S.C. 403). (3) INFORMATION TECHNOLOGY- The term `information technology' has the meaning given such term in subparagraphs (A) and (B) of section 5002(3) of the Information Technology Management Reform Act of 1996 (40 U.S.C. 1401(3)), were such information technology to be acquired by an executive agency. (4) MEDICARE CARRIER- The term `medicare carrier' means an entity that has a contract with the Secretary pursuant to section 1842(a) of the Social Security Act (42 U.S.C. 1395u(a)). (5) SECRETARY- The term `Secretary' means the Secretary of Health and Human Services.TITLE II--INCREASED ACCOUNTABILITY AND REDUCTION OF WASTEFUL DEFENSE SPENDINGSEC. 201. CANCELLATION OF F-22 AIRCRAFT PROGRAM.The Secretary of the Air Force shall cancel the F-22 aircraft program. No funds may be obligated for that program after the date of the enactment of this Act.SEC. 202. CANCELLATION OF COMANCHE HELICOPTER PROGRAM.The Secretary of the Army shall cancel the Comanche helicopter program. No funds may be obligated for that program after the date of the enactment of this Act.SEC. 203. CANCELLATION OF CRUSADER ARTILLERY PROGRAM.The Secretary of the Army shall cancel the Crusader artillery program. No funds may be obligated for that program after the date of the enactment of this Act.SEC. 204. LIMITATION ON PROCUREMENT OF VIRGINIA CLASS ATTACK SUBMARINES.Through fiscal year 2009, the Secretary of the Navy may enter into contracts for the procurement of no more than eight Virginia class submarines (including contracts entered into before the date of the enactment of this Act).SEC. 205. TERMINATION OF PRODUCTION OF TRIDENT D5 MISSILES.No funds may be obligated after the date of the enactment of this Act for production of Trident D5 missiles.SEC. 206. REDUCTION IN NUCLEAR DELIVERY SYSTEMS WITHIN OVERALL LIMITS OF START II.The President shall take such steps as necessary to reduce the nuclear delivery systems of the United States so as to bring the number of such systems within the overall START II limits. For purposes of this section, the term `overall START II limits' means the limitations on nuclear delivery systems that would be in effect under the START II Treaty, if ratified.SEC. 207. CREATION OF COMMON NATO AIRLIFT CAPABILITY AND REDUCTION OF UNITED STATES COSTS FOR C-17 AIRCRAFT.The Secretary of Defense shall seek to reach an agreement with the other member nations of the North Atlantic Treaty Organization to establish a common NATO airlift capability consisting of 20 C-17 aircraft with a cost-sharing arrangement similar to that for the common NATO AWACS fleet. The 20 C-17 aircraft programmed by the Air Force for procurement in fiscal years 2002 and 2003 shall be transferred to NATO for that common NATO airlift capability upon such an agreement being entered into.SEC. 208. DEFERRAL OF PROCUREMENT OF ADDITIONAL C-130 TACTICAL AIRLIFT PLANES.The Secretary of the Air Force may not enter into a contract for procurement of additional C-130 aircraft for fiscal years 2001 through 2005.SEC. 209. REDUCTION IN REQUIREMENTS FOR AIR FORCE AND NAVY PILOTS IN NONFLYING POSITIONS.The Secretary of the Air Force and the Secretary of the Navy shall each evaluate nonflying positions in the Air Force and the Navy, respectively, that are currently required to be held by pilots and, to the maximum extent practicable, shall modify the qualifications for those positions to reduce the requirements for pilots for those positions.SEC. 210. REDUCTION IN NUMBER OF OFFICERS SO AS TO RETURN TO ENLISTED-TO-OFFICER RATIO IN EXISTENCE IN 1989.The Secretary of Defense shall implement a program to reduce the ratio of enlisted-to-officer personnel of eachof the Army, Navy, Air Force, and Marine Corps to a ratio of at least six-to-one by not later than January 1, 2005. The Secretary shall carry out that program through reductions in officer promotions to general and flag officer grades and through reductions in the number of officers in pay grades O-4, O-5, and O-6 through voluntary programs under existing provisions of law, including temporary early retirement authority, voluntary separation incentive, and the special separation benefit. SEC. 211. PLACEMENT OF SELECTIVE SERVICE SYSTEM IN `DEEP STANDBY' STATUS.(a) RESTRICTION OF REGISTRATION REQUIREMENT TO PERIODS OF NATIONAL EMERGENCIES- (1) Section 3(a) of the Military Selective Service Act (50 U.S.C. App. 453(a)) is amended by inserting after `this title,' the following: `during any period in which a declaration of national emergency is in effect,'.(2) Section 3 of such Act (50 U.S.C. App. 453) is further amended by adding at the end the following new subsections:`(c) The President shall have the authority to declare a period of national emergency during which the registration requirements of subsection (a) shall apply. Subject to subsection (d), the President shall provide for the prompt termination of the declaration of national emergency upon the termination of the national emergency.`(d) A declaration of national emergency under subsection (c) shall terminate upon the expiration of a 10-day period of continuous session of Congress after the date of the declaration unless Congress enacts a law before the end of that period ratifying that specific declaration. For purposes of this subsection, the continuity of a session of Congress is broken only by an adjournment of the Congress sine die, and the days on which either House is not in session because of an adjournment of more than three days to a day certain are excluded in the computation of the 10-day period.'.(3) Section 12 of such Act (50 U.S.C. App. 462) is amended by adding at the end the following new subsection:`(h) In addition to the exception provided by subsection (g), a person may not be denied a right, privilege, benefit, or employment position under Federal law on the grounds that the person failed to present himself for and submit to registration under section 3 before the date of the enactment of this subsection.'.(b) SUSPENSION OF ACTIVITIES OF SELECTIVE SERVICE SYSTEM BOARDS- Section 17 of such Act (50 U.S.C. App. 467) is amended by adding at the end the following new subsection:`(d) Except during any period in which a declaration of national emergency is in effect under section 3-- `(1) the President may not appoint a person as a member of a civilian local board, civilian appeal board, or similar local agency of the Selective Service System; and `(2) any such board established under section 10(b)(3) may not meet.'.(c) REPORT ON STANDBY REGISTRATION PROGRAM FOR USE DURING NATIONAL EMERGENCIES- Not later than 150 days after the date of the enactment of this Act, the Director of the Selective Service System shall submit to Congress a report detailing a standby emergency manpower mobilization program to be used by the Selective Service System during periods in which a declaration of national emergency is in effect for the registration of persons who would be subject to registration under section 3 of the Military Selective Service Act (50 U.S.C. App. 453) during such a period. The report shall include an estimate of the cost to implement and operate the standby program and an evaluation of the feasibility of using existing and emerging information systems available to the Government to improve the effectiveness of any registration requirements.SEC. 212. END OF TAXPAYER SUPPORT FOR DEFENSE INDUSTRY MERGERS.Expenses incurred by a defense contractor related to a corporate merger may not be considered to be an allowable cost under a Department of Defense contract, and no funds appropriated to the Department of Defense may be used to reimburse a contractor for any such expense.SEC. 213. REDUCTION OF UNITED STATES SUPPORT FOR WEAPONS SALES ABROAD BY ELIMINATING FUTURE ASSISTANCE UNDER THE FOREI