To provide temporary authority for waiver of collection of payments due for CHAMPUS benefits received by disabled persons unaware of loss of CHAMPUS eligibility and continuation of such benefits.
What it does: Adds SEC. 717. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY DISABLED PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY at the end of subtitle B of title VII
Sen. John Warner (R-VA)What it changes
1 change to S. 2400 · shown in the bill's text
Adds SEC. 717. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY DISABLED PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY at the end of subtitle B of title VII
Adds a sectionIn S. 2400 · Placed on Calendar Senate
"(B) The waiver authority provided in subparagraph (A) shall not be construed to apply to any case other than a case in which an individual is required to be informed of an option to accept or refuse administration of a particular product by reason of a determination by the Secretary of Health and Human Services that emergency use of such product is authorized under section 564 of the Federal Food, Drug, and Cosmetic Act.".
Inserted: SEC. 717. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY DISABLED PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
Inserted: (a) Authority To Waive Debt.--(1) The Secretary of Defense, in consultation with the other administering Secretaries, may waive (in whole or in part) the collection of payments otherwise due from a person described in subsection (b) for health benefits received by such person under section 1086 of title 10, United States Code, after the termination of that person's eligibility for such benefits.
Inserted: (2) If the Secretary of Defense waives collection of payments from a person under paragraph (1), the Secretary may also authorize a continuation of benefits for such person under such section 1086 for a period ending not later than the end of the period specified in subsection (c) of this section.
Inserted: (b) Eligible Persons.--A person is eligible for relief under subsection (a)(1) if--
Inserted: (1) the person is described in paragraph (1) of subsection (d) of section 1086 of title 10, United States Code;
Inserted: (2) except for such paragraph, the person would have been eligible for the health benefits under such section; and
Inserted: (3) at the time of the receipt of such benefits--
Inserted: (A) the person satisfied the criteria specified in paragraph (2)(B) of such subsection (d); and
Inserted: (B) the person was unaware of the loss of eligibility to receive the health benefits.
Inserted: (c) Period of Applicability.--The authority provided under this section to waive collection of payments and to continue benefits shall apply, under terms and conditions prescribed by the Secretary of Defense, to health benefits provided under section 1086 of title 10, United States Code, during the period beginning on July 1, 1999, and ending at the end of December 31, 2004.
Inserted: (d) Consultation With Other Administering Secretaries.--(1) The Secretary of Defense shall consult with the other administering Secretaries in exercising the authority provided in this section.
Inserted: (2) In this subsection, the term "administering Secretaries" has the meaning given such term in section 1072(3) of title 10, United States Code.
Original wording
At the end of subtitle B of title VII, insert the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3210. Mr. WARNER (for himself and Mr. Levin) proposed an amendment to the bill S. 2400, to authorize appropriations for fiscal year 2005 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe personnel strengths for such fiscal year for the Armed Services, and for other purposes; as follows:
At the end of subtitle B of title VII, insert the following:
SEC. 717. TEMPORARY AUTHORITY FOR WAIVER OF COLLECTION OF PAYMENTS DUE FOR CHAMPUS BENEFITS RECEIVED BY DISABLED PERSONS UNAWARE OF LOSS OF CHAMPUS ELIGIBILITY.
(a) Authority To Waive Debt.--(1) The Secretary of Defense, in consultation with the other administering Secretaries, may waive (in whole or in part) the collection of payments otherwise due from a person described in subsection (b) for health benefits received by such person under section 1086 of title 10, United States Code, after the termination of that person's eligibility for such benefits.
(2) If the Secretary of Defense waives collection of payments from a person under paragraph (1), the Secretary may also authorize a continuation of benefits for such person under such section 1086 for a period ending not later than the end of the period specified in subsection (c) of this section.
(b) Eligible Persons.--A person is eligible for relief under subsection (a)(1) if--
(1) the person is described in paragraph (1) of subsection (d) of section 1086 of title 10, United States Code;
(2) except for such paragraph, the person would have been eligible for the health benefits under such section; and
(3) at the time of the receipt of such benefits--
(A) the person satisfied the criteria specified in paragraph (2)(B) of such subsection (d); and
(B) the person was unaware of the loss of eligibility to receive the health benefits.
(c) Period of Applicability.--The authority provided under this section to waive collection of payments and to continue benefits shall apply, under terms and conditions prescribed by the Secretary of Defense, to health benefits provided under section 1086 of title 10, United States Code, during the period beginning on July 1, 1999, and ending at the end of December 31, 2004.
(d) Consultation With Other Administering Secretaries.--(1) The Secretary of Defense shall consult with the other administering Secretaries in exercising the authority provided in this section.
(2) In this subsection, the term “administering Secretaries” has the meaning given such term in section 1072(3) of title 10, United States Code.
Legislative Activity
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Senate amendment submitted
May 19, 2004
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Senate amendment submitted
May 19, 2004
Senate amendment proposed (on the floor): Amendment SA 3210 proposed by Senator Warner.(consideration: CR S5786-5787; text: CR S5786-5787)
May 19, 2004
Senate amendment agreed to: Amendment SA 3210 agreed to in Senate by Voice Vote.
May 19, 2004
Amendment SA 3210 proposed by Senator Warner. (consideration: CR S5786-5787; text: CR S5786-5787) To provide temporary authority for waiver of collection of payments due for CHAMPUS benefits received by disabled persons unaware of loss of CHAMPUS eligibility and continuation of such benefits.
May 19, 2004
Amendment SA 3210 agreed to in Senate by Voice Vote.
May 19, 2004