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CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997
(House of Representatives - July 29, 1997)

Text of this article available as: TXT PDF [Pages H6029-H6298] CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997 Mr. HOBSON submitted the following conference report and statement of the bill (H.R. 2015) to provide for reconciliation pursuant to section 104(a) of the concurrent resolution on the budget for fiscal year 1998: Conference Report (H. Rept. 105-217) The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2015), to provide for reconciliation pursuant to section 104(a) of the concurrent resolution on the budget for fiscal year 1998, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Budget Act of 1997''. SEC. 2. TABLE OF TITLES. This Act is organized into titles as follows: Title I--Food Stamp Provisions Title II--Housing and Related Provisions Title III--Communications and Spectrum Allocation Provisions Title IV--Medicare, Medicaid, and Children's Health Provisions Title V--Welfare and Related Provisions Title VI--Education and Related Provisions Title VII--Civil Service Retirement and Related Provisions Title VIII--Veterans and Related Provisions Title IX--Asset Sales, User Fees, and Miscellaneous Provisions Title X--Budget Enforcement and Process Provisions Title XI--District of Columbia Revitalization TITLE I--FOOD STAMP PROVISIONS SEC. 1001. EXEMPTION. Section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) is amended-- (1) in paragraph (2)(D), by striking ``or (5)'' and inserting ``(5), or (6)''; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: ``(6) 15-percent exemption.-- ``(A) Definitions.--In this paragraph: ``(i) Caseload.--The term `caseload' means the average monthly number of individuals receiving food stamps during the 12-month period ending the preceding June 30. ``(ii) Covered individual.--The term `covered individual' means a food stamp recipient, or an individual denied eligibility for food stamp benefits solely due to paragraph (2), who-- ``(I) is not eligible for an exception under paragraph (3); ``(II) does not reside in an area covered by a waiver granted under paragraph (4); ``(III) is not complying with subparagraph (A), (B), or (C) of paragraph (2); ``(IV) is not receiving food stamp benefits during the 3 months of eligibility provided under paragraph (2); and ``(V) is not receiving food stamp benefits under paragraph (5). ``(B) General rule.--Subject to subparagraphs (C) through (G), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals. ``(C) Fiscal year 1998.--Subject to subparagraphs (E) and (G), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. ``(D) Subsequent fiscal years.--Subject to subparagraphs (E) through (G), for fiscal year 1999 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of food stamp recipients covered by waivers granted under paragraph (4). ``(E) Caseload adjustments.--The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C) or (D) during a fiscal year if the number of food stamp recipients in the State varies from the State's caseload by more than 10 percent, as determined by the Secretary. ``(F) Exemption adjustments.--During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph. ``(G) Reporting requirement.--A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.''. SEC. 1002. ADDITIONAL FUNDING FOR EMPLOYMENT AND TRAINING. (a) In General.--Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) Amounts.--To carry out employment and training programs, the Secretary shall reserve for allocation to State agencies, to remain available until expended, from funds made available for each fiscal year under section 18(a)(1) the amount of-- ``(i) for fiscal year 1996, $75,000,000; ``(ii) for fiscal year 1997, $79,000,000; ``(iii) for fiscal year 1998-- ``(I) $81,000,000; and ``(II) an additional amount of $131,000,000; ``(iv) for fiscal year 1999-- ``(I) $84,000,000; and ``(II) an additional amount of $131,000,000; ``(v) for fiscal year 2000-- ``(I) $86,000,000; and ``(II) an additional amount of $131,000,000; ``(vi) for fiscal year 2001-- ``(I) $88,000,000; and ``(II) an additional amount of $131,000,000; and ``(vii) for fiscal year 2002-- ``(I) $90,000,000; and ``(II) an additional amount of $75,000,000. ``(B) Allocation.-- ``(i) Allocation formula.--The Secretary shall allocate the amounts reserved under subparagraph (A) among the State agencies using a reasonable formula, as determined and adjusted by the Secretary each fiscal year, to reflect-- ``(I) changes in each State's caseload (as defined in section 6(o)(6)(A)); ``(II) for fiscal year 1998, the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3); and [[Page H6030]] ``(III) for each of fiscal years 1999 through 2002, the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3) and who-- ``(aa) do not reside in an area subject to a waiver granted by the Secretary under section 6(o)(4); or ``(bb) do reside in an area subject to a waiver granted by the Secretary under section 6(o)(4), if the State agency provides employment and training services in the area to food stamp recipients who are not eligible for an exception under section 6(o)(3). ``(ii) Estimated factors.--The Secretary shall estimate the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3) based on the survey conducted to carry out subsection (c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. ``(iii) Reporting requirement.--A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph. ``(C) Reallocation.--If a State agency will not expend all of the funds allocated to the State agency for a fiscal year under subparagraph (B), the Secretary shall reallocate the unexpended funds to other States (during the fiscal year or the subsequent fiscal year) as the Secretary considers appropriate and equitable. ``(D) Minimum allocation.--Notwithstanding subparagraph (B), the Secretary shall ensure that each State agency operating an employment and training program shall receive not less than $50,000 for each fiscal year. ``(E) Use of funds.--Of the amount of funds a State agency receives under subparagraphs (A) through (D) for a fiscal year, not less than 80 percent of the funds shall be used by the State agency during the fiscal year to serve food stamp recipients who-- ``(i) are not eligible for an exception under section 6(o)(3); and ``(ii) are placed in and comply with a program described in subparagraph (B) or (C) of section 6(o)(2). ``(F) Maintenance of effort.--To receive an allocation of an additional amount made available under subclause (II) of each of clauses (iii) through (vii) of subparagraph (A), a State agency shall maintain the expenditures of the State agency for employment and training programs and workfare programs for any fiscal year under paragraph (2), and administrative expenses described in section 20(g)(1), at a level that is not less than the level of the expenditures by the State agency to carry out the programs and such expenses for fiscal year 1996. ``(G) Component costs.--The Secretary shall monitor State agencies' expenditure of funds for employment and training programs provided under this paragraph, including the costs of individual components of State agencies' programs. The Secretary may determine the reimbursable costs of employment and training components, and, if the Secretary makes such a determination, the Secretary shall determine that the amounts spent or planned to be spent on the components reflect the reasonable cost of efficiently and economically providing components appropriate to recipient employment and training needs, taking into account, as the Secretary deems appropriate, prior expenditures on the components, the variability of costs among State agencies' components, the characteristics of the recipients to be served, and such other factors as the Secretary considers necessary.''. (b) Report to Congress.--Not later than 30 months after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding whether the amounts made available under section 16(h)(1)(A) of the Food Stamp Act of 1977 (as a result of the amendment made by subsection (a)) have been used by State agencies to increase the number of work slots for recipients subject to section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) in employment and training programs and workfare in the most efficient and effective manner practicable. SEC. 1003. DENIAL OF FOOD STAMPS FOR PRISONERS. (a) State Plans.-- (1) In General.--Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended by striking paragraph (20) and inserting the following: ``(20) that the State agency shall establish a system and take action on a periodic basis-- ``(A) to verify and otherwise ensure that an individual does not receive coupons in more than 1 jurisdiction within the State; and ``(B) to verify and otherwise ensure that an individual who is placed under detention in a Federal, State, or local penal, correctional, or other detention facility for more than 30 days shall not be eligible to participate in the food stamp program as a member of any household, except that-- ``(i) the Secretary may determine that extraordinary circumstances make it impracticable for the State agency to obtain information necessary to discontinue inclusion of the individual; and ``(ii) a State agency that obtains information collected under section 1611(e)(1)(I)(i)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) pursuant to section 1611(e)(1)(I)(ii)(II) of that Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)), or under another program determined by the Secretary to be comparable to the program carried out under that section, shall be considered in compliance with this subparagraph.''. (2) Limits on disclosure and use of information.--Section 11(e)(8)(E) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(E)) is amended by striking ``paragraph (16)'' and inserting ``paragraph (16) or (20)(B)''. (3) Effective Date.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (B) Extension.--The Secretary of Agriculture may grant a State an extension of time to comply with the amendments made by this subsection, not to exceed beyond the date that is 2 years after the date of enactment of this Act, if the chief executive officer of the State submits a request for the extension to the Secretary-- (i) stating the reasons why the State is not able to comply with the amendments made by this subsection by the date that is 1 year after the date of enactment of this Act; (ii) providing evidence that the State is making a good faith effort to comply with the amendments made by this subsection as soon as practicable; and (iii) detailing a plan to bring the State into compliance with the amendments made by this subsection as soon as practicable but not later than the date of the requested extension. (b) Information Sharing.--Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end the following: ``(q) Denial of Food Stamps for Prisoners.--The Secretary shall assist States, to the maximum extent practicable, in implementing a system to conduct computer matches or other systems to prevent prisoners described in section 11(e)(20)(B) from participating in the food stamp program as a member of any household.''. SEC. 1004. NUTRITION EDUCATION. Section 11(f) of the Food Stamp Act of 1977 (7 U.S.C. 2020(f)) is amended-- (1) by striking ``(f) To encourage'' and inserting the following: ``(f) Nutrition Education.-- ``(1) In general.--To encourage''; and (2) by adding at the end the following: ``(2) Grants.-- ``(A) In general.--The Secretary shall make available not more than $600,000 for each of fiscal years 1998 through 2001 to pay the Federal share of grants made to eligible private nonprofit organizations and State agencies to carry out subparagraph (B). ``(B) Eligibility.--A private nonprofit organization or State agency shall be eligible to receive a grant under subparagraph (A) if the organization or agency agrees-- ``(i) to use the funds to direct a collaborative effort to coordinate and integrate nutrition education into health, nutrition, social service, and food distribution programs for food stamp participants and other low-income households; and ``(ii) to design the collaborative effort to reach large numbers of food stamp participants and other low-income households through a network of organizations, including schools, child care centers, farmers' markets, health clinics, and outpatient education services. ``(C) Preference.--In deciding between 2 or more private nonprofit organizations or State agencies that are eligible to receive a grant under subparagraph (B), the Secretary shall give a preference to an organization or agency that conducted a collaborative effort described in subparagraph (B) and received funding for the collaborative effort from the Secretary before the date of enactment of this paragraph. ``(D) Federal share.-- ``(i) In general.--Subject to subparagraph (E), the Federal share of a grant under this paragraph shall be 50 percent. ``(ii) No in-kind contributions.--The non-Federal share of a grant under this paragraph shall be in cash. ``(iii) Private funds.--The non-Federal share of a grant under this paragraph may include amounts from private nongovernmental sources. ``(E) Limit on individual grant.--The Federal share of a grant under subparagraph (A) may not exceed $200,000 for a fiscal year.''. SEC. 1005. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this title. (b) Effective Date.--The amendments made by sections 1001 and 1002 take effect on October 1, 1997, without regard to whether regulations have been promulgated to implement the amendments made by such sections. TITLE II--HOUSING AND RELATED PROVISIONS SEC. 2001. TABLE OF CONTENTS. The table of contents for this title is as follows: TITLE II--HOUSING AND RELATED PROVISIONS Sec. 2001. Table of contents. Sec. 2002. Extension of foreclosure avoidance and borrower assistance provisions for FHA single family housing mortgage insurance program. Sec. 2003. Adjustment of maximum monthly rents for certain dwelling units in new construction and substantial or moderate rehabilitation projects assisted under section 8 rental assistance program. Sec. 2004. Adjustment of maximum monthly rents for non- turnover dwelling units assisted under section 8 rental assistance program. SEC. 2002. EXTENSION OF FORECLOSURE AVOIDANCE AND BORROWER ASSISTANCE PROVISIONS FOR FHA SINGLE FAMILY HOUSING MORTGAGE INSURANCE PROGRAM. Section 407 of The Balanced Budget Downpayment Act, I (12 U.S.C. 1710 note) is amended-- (1) in subsection (c)-- (A) by striking ``only''; and (B) by inserting ``, on, or after'' after ``before''; and [[Page H6031]] (2) by striking subsection (e). SEC. 2003. ADJUSTMENT OF MAXIMUM MONTHLY RENTS FOR CERTAIN DWELLING UNITS IN NEW CONSTRUCTION AND SUBSTANTIAL OR MODERATE REHABILITATION PROJECTS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM. The third sentence of section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amended by inserting before the period at the end the following: ``, and during fiscal year 1999 and thereafter''. SEC. 2004. ADJUSTMENT OF MAXIMUM MONTHLY RENTS FOR NON- TURNOVER DWELLING UNITS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM. The last sentence of section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amended by inserting before the period at the end the following: ``, and during fiscal year 1999 and thereafter''. TITLE III--COMMUNICATIONS AND SPECTRUM ALLOCATION PROVISIONS SEC. 3001. DEFINITIONS. (a) Common Terminology.--Except as otherwise provided in this title, the terms used in this title have the meanings provided in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by this section. (b) Additional Definitions.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (49) through (51) as paragraphs (50) through (52), respectively; and (2) by inserting after paragraph (48) the following new paragraph: ``(49) Television service.-- ``(A) Analog television service.--The term `analog television service' means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(a) of its regulations (47 C.F.R. 73.682(a)). ``(B) Digital television service.--The term `digital television service' means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(d) of its regulations (47 C.F.R. 73.682(d)).''. SEC. 3002. SPECTRUM AUCTIONS. (a) Extension and Expansion of Auction Authority.-- (1) In general.--Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (A) by striking paragraphs (1) and (2) and inserting in lieu thereof the following: ``(1) General authority.--If, consistent with the obligations described in paragraph (6)(E), mutually exclusive applications are accepted for any initial license or construction permit, then, except as provided in paragraph (2), the Commission shall grant the license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection. ``(2) Exemptions.--The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission-- ``(A) for public safety radio services, including private internal radio services used by State and local governments and non-government entities and including emergency road services provided by not-for-profit organizations, that-- ``(i) are used to protect the safety of life, health, or property; and ``(ii) are not made commercially available to the public; ``(B) for initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or ``(C) for stations described in section 397(6) of this Act.''; (B) in paragraph (3)-- (i) by inserting after the second sentence the following new sentence: ``The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round.''; (ii) by striking ``and'' at the end of subparagraph (C); (iii) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(E) ensure that, in the scheduling of any competitive bidding under this subsection, an adequate period is allowed-- ``(i) before issuance of bidding rules, to permit notice and comment on proposed auction procedures; and ``(ii) after issuance of bidding rules, to ensure that interested parties have a sufficient time to develop business plans, assess market conditions, and evaluate the availability of equipment for the relevant services.''; (C) in paragraph (4)-- (i) by striking ``and'' at the end of subparagraph (D); (ii) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(F) prescribe methods by which a reasonable reserve price will be required, or a minimum bid will be established, to obtain any license or permit being assigned pursuant to the competitive bidding, unless the Commission determines that such a reserve price or minimum bid is not in the public interest.''; (D) in paragraph (8)(B)-- (i) by striking the third sentence; and (ii) by adding at the end the following new sentence: ``No sums may be retained under this subparagraph during any fiscal year beginning after September 30, 1998, if the annual report of the Commission under section 4(k) for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.''; (E) in paragraph (11), by striking ``1998'' and inserting ``2007''; and (F) in paragraph (13)(F), by striking ``September 30, 1998'' and inserting ``the date of enactment of the Balanced Budget Act of 1997''. (2) Termination of Lottery Authority.--Section 309(i) of the Communications Act of 1934 (47 U.S.C. 309(i)) is amended-- (A) by striking paragraph (1) and inserting the following: ``(1) General authority.--Except as provided in paragraph (5), if there is more than one application for any initial license or construction permit, then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection.''; and (B) by adding at the end the following new paragraph: ``(5) Termination of authority.--(A) Except as provided in subparagraph (B), the Commission shall not issue any license or permit using a system of random selection under this subsection after July 1, 1997. ``(B) Subparagraph (A) of this paragraph shall not apply with respect to licenses or permits for stations described in section 397(6) of this Act.''. (3) Resolution of pending comparative licensing cases.-- Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is further amended by adding at the end the following new subsection: ``(l) Applicability of Competitive Bidding to Pending Comparative Licensing Cases.--With respect to competing applications for initial licenses or construction permits for commercial radio or television stations that were filed with the Commission before July 1, 1997, the Commission shall-- ``(1) have the authority to conduct a competitive bidding proceeding pursuant to subsection (j) to assign such license or permit; ``(2) treat the persons filing such applications as the only persons eligible to be qualified bidders for purposes of such proceeding; and ``(3) waive any provisions of its regulations necessary to permit such persons to enter an agreement to procure the removal of a conflict between their applications during the 180-day period beginning on the date of enactment of the Balanced Budget Act of 1997.''. (4) Conforming amendment.--Section 6002 of the Omnibus Budget Reconciliation Act of 1993 is amended by striking subsection (e). (5) Effective Date.--Except as otherwise provided therein, the amendments made by this subsection are effective on July 1, 1997. (b) Accelerated Availability for Auction of 1,710-1,755 Megahertz from Initial Reallocation Report.--The band of frequencies located at 1,710-1,755 megahertz identified in the initial reallocation report under section 113(a) of the National Telecommunications and Information Administration Act (47 U.S.C. 923(a)) shall, notwithstanding the timetable recommended under section 113(e) of such Act and section 115(b)(1) of such Act, be available in accordance with this subsection for assignment for commercial use. The Commission shall assign licenses for such use by competitive bidding commenced after January 1, 2001, pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). (c) Commission Obligation To Make Additional Spectrum Available by Auction.-- (1) In general.--The Commission shall complete all actions necessary to permit the assignment by September 30, 2002, by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), of licenses for the use of bands of frequencies that-- (A) in the aggregate span not less than 55 megahertz; (B) are located below 3 gigahertz; (C) have not, as of the date of enactment of this Act-- (i) been designated by Commission regulation for assignment pursuant to such section; (ii) been identified by the Secretary of Commerce pursuant to section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); (iii) been allocated for Federal Government use pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305); (iv) been designated for reallocation under section 337 of the Communications Act of 1934 (as added by this Act); or (v) been allocated or authorized for unlicensed use pursuant to part 15 of the Commission's regulations (47 C.F.R. Part 15), if the operation of services licensed pursuant to competitive bidding would interfere with operation of end-user products permitted under such regulations; (D) include frequencies at 2,110-2,150 megahertz; and (E) include 15 megahertz from within the bands of frequencies at 1,990-2,110 megahertz. (2) Criteria for Reassignment.--In making available bands of frequencies for competitive bidding pursuant to paragraph (1), the Commission shall-- (A) seek to promote the most efficient use of the electromagnetic spectrum; (B) consider the cost of relocating existing uses to other bands of frequencies or other means of communication; (C) consider the needs of existing public safety radio services (as such services are described in section 309(j)(2)(A) of the Communications Act of 1934, as amended by this Act); (D) comply with the requirements of international agreements concerning spectrum allocations; and [[Page H6032]] (E) coordinate with the Secretary of Commerce when there is any impact on Federal Government spectrum use. (3) Use of bands at 2,110-2,150 megahertz.--The Commission shall reallocate spectrum located at 2,110-2,150 megahertz for assignment by competitive bidding unless the Commission determines that auction of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce greater receipts. If the Commission makes such a determination, then the Commission shall, within 2 years after the date of enactment of this Act, identify an alternative 40 megahertz, and report to the Congress an identification of such alternative 40 megahertz for assignment by competitive bidding. (4) Use of 15 megahertz from bands at 1,990-2,110 megahertz.--The Commission shall reallocate 15 megahertz from spectrum located at 1,990-2,110 megahertz for assignment by competitive bidding unless the President determines such spectrum cannot be reallocated due to the need to protect incumbent Federal systems from interference, and that allocation of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce comparable receipts. If the President makes such a determination, then the President shall, within 2 years after the date of enactment of this Act, identify alternative bands of frequencies totalling 15 megahertz, and report to the Congress an identification of such alternative bands for assignment by competitive bidding. (5) Notification to the Secretary of Commerce.--The Commission shall attempt to accommodate incumbent licensees displaced under this section by relocating them to other frequencies available for allocation by the Commission. The Commission shall notify the Secretary of Commerce whenever the Commission is not able to provide for the effective relocation of an incumbent licensee to a band of frequencies available to the Commission for assignment. The notification shall include-- (A) specific information on the incumbent licensee; (B) the bands the Commission considered for relocation of the licensee; (C) the reasons the licensee cannot be accommodated in such bands; and (D) the bands of frequencies identified by the Commission that are-- (i) suitable for the relocation of such licensee; and (ii) allocated for Federal Government use, but that could be reallocated pursuant to part B of the National Telecommunications and Information Administration Organization Act (as amended by this Act). (d) Identification and Reallocation of Frequencies.-- (1) In general.--Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended by adding at the end thereof the following: ``(f) Additional Reallocation Report.--If the Secretary receives a notice from the Commission pursuant to section 3002(c)(5) of the Balanced Budget Act of 1997, the Secretary shall prepare and submit to the President, the Commission, and the Congress a report recommending for reallocation for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), bands of frequencies that are suitable for the licensees identified in the Commission's notice. The Commission shall, not later than one year after receipt of such report, prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment of such frequencies under the 1934 Act to incumbent licensees described in the Commission's notice. ``(g) Relocation of Federal Government Stations.-- ``(1) In general.--In order to expedite the commercial use of the electromagnetic spectrum and notwithstanding section 3302(b) of title 31, United States Code, any Federal entity which operates a Federal Government station may accept from any person payment of the expenses of relocating the Federal entity's operations from one or more frequencies to another frequency or frequencies, including the costs of any modification, replacement, or reissuance of equipment, facilities, operating manuals, or regulations incurred by that entity. Such payments may be in advance of relocation and may be in cash or in kind. Any such payment in cash shall be deposited in the account of such Federal entity in the Treasury of the United States or in a separate account authorized by law. Funds deposited according to this paragraph shall be available, without appropriation or fiscal year limitation, only for such expenses of the Federal entity for which such funds were deposited under this paragraph. ``(2) Process for relocation.--Any person seeking to relocate a Federal Government station that has been assigned a frequency within a band that has been allocated for mixed Federal and non-Federal use, or that has been scheduled for reallocation to non-Federal use, may submit a petition for such relocation to NTIA. The NTIA shall limit or terminate the Federal Government station's operating license within 6 months after receiving the petition if the following requirements are met: ``(A) the person seeking relocation of the Federal Government station has guaranteed to pay all relocation costs incurred by the Federal entity, including all engineering, equipment, site acquisition and construction, and regulatory fee costs; ``(B) all activities necessary for implementing the relocation have been completed, including construction of replacement facilities (if necessary and appropriate) and identifying and obtaining new frequencies for use by the relocated Federal Government station (where such station is not relocating to spectrum reserved exclusively for Federal use); ``(C) any necessary replacement facilities, equipment modifications, or other changes have been implemented and tested to ensure that the Federal Government station is able to successfully accomplish its purposes; and ``(D) NTIA has determined that the proposed use of the spectrum frequency band to which the Federal entity will relocate its operations is-- ``(i) consistent with obligations undertaken by the United States in international agreements and with United States national security and public safety interests; and ``(ii) suitable for the technical characteristics of the band and consistent with other uses of the band. In exercising its authority under clause (i) of this subparagraph, NTIA shall consult with the Secretary of Defense, the Secretary of State, or other appropriate officers of the Federal Government. ``(3) Right to reclaim.--If within one year after the relocation the Federal entity demonstrates to the Commission that the new facilities or spectrum are not comparable to the facilities or spectrum from which the Federal Government station was relocated, the person who filed the petition under paragraph (2) for such relocation shall take reasonable steps to remedy any defects or pay the Federal entity for the expenses incurred in returning the Federal Government station to the spectrum from which such station was relocated. ``(h) Federal Action To Expedite Spectrum Transfer.--Any Federal Government station which operates on electromagnetic spectrum that has been identified in any reallocation report under this section shall, to the maximum extent practicable through the use of the authority granted under subsection (g) and any other applicable provision of law, take action to relocate its spectrum use to other frequencies that are reserved for Federal use or to consolidate its spectrum use with other Federal Government stations in a manner that maximizes the spectrum available for non-Federal use. ``(i) Definition.--For purposes of this section, the term `Federal entity' means any department, agency, or other instrumentality of the Federal Government that utilizes a Government station license obtained under section 305 of the 1934 Act (47 U.S.C. 305).''. (2) Section 114(a) of such Act (47 U.S.C. 924(a)) is amended-- (A) in paragraph (1), by striking ``(a) or (d)(1)'' and inserting ``(a), (d)(1), or (f)''; and (B) in paragraph (2), by striking ``either'' and inserting ``any''. (e) Identification and Reallocation of Auctionable Frequencies.-- (1) Second report required.--Section 113(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(a)) is amended by inserting ``and within 6 months after the date of enactment of the Balanced Budget Act of 1997'' after ``Act of 1993''. (2) In general.--Section 113(b) of such Act (47 U.S.C. 923(b)) is amended-- (A) by striking the caption of paragraph (1) and inserting ``Initial reallocation report.--''; (B) by inserting ``in the initial report required by subsection (a)'' after ``recommend for reallocation'' in paragraph (1); (C) by inserting ``or (3)'' after ``paragraph (1)'' each place it appears in paragraph (2); and (D) by adding at the end thereof the following: ``(3) Second reallocation report.--In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the second report required by subsection (a), for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), a band or bands of frequencies that-- ``(A) in the aggregate span not less than 20 megahertz; ``(B) are located below 3 gigahertz; and ``(C) meet the criteria specified in paragraphs (1) through (5) of subsection (a).''. (3) Conforming amendment.--Section 113(d) of such Act (47 U.S.C. 923(d)) is amended by striking ``final report'' and inserting ``initial report''. (4) Allocation and assignment.--Section 115 of such Act (47 U.S.C. 925) is amended-- (A) by striking ``the report required by section 113(a)'' in subsection (b) and inserting ``the initial reallocation report required by section 113(a)''; and (B) by adding at the end thereof the following: ``(c) Allocation and Assignment of Frequencies Identified in the Second Reallocation Report.-- ``(1) Plan and implementation.--With respect to the frequencies made available for reallocation pursuant to section 113(b)(3), the Commission shall, not later than one year after receipt of the second reallocation report required by section 113(a), prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment under the 1934 Act of all such frequencies in accordance with section 309(j) of such Act. ``(2) Contents.--The plan prepared by the Commission under paragraph (1) shall consist of a schedule of allocation and assignment of those frequencies in accordance with section 309(j) of the 1934 Act in time for the assignment of those licenses or permits by September 30, 2002.''. SEC. 3003. AUCTION OF RECAPTURED BROADCAST TELEVISION SPECTRUM. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph: ``(14) Auction of recaptured broadcast television spectrum.-- ``(A) Limitations on terms of terrestrial television broadcast licenses.--A television [[Page H6033]] broadcast license that authorizes analog television service may not be renewed to authorize such service for a period that extends beyond December 31, 2006. ``(B) Extension.--The Commission shall extend the date described in subparagraph (A) for any station that requests such extension in any television market if the Commission finds that-- ``(i) one or more of the stations in such market that are licensed to or affiliated with one of the four largest national television networks are not broadcasting a digital television service signal, and the Commission finds that each such station has exercised due diligence and satisfies the conditions for an extension of the Commission's applicable construction deadlines for digital television service in that market; ``(ii) digital-to-analog converter technology is not generally available in such market; or ``(iii) in any market in which an extension is not available under clause (i) or (ii), 15 percent or more of the television households in such market-- ``(I) do not subscribe to a multichannel video programming distributor (as defined in section 602) that carries one of the digital television service programming channels of each of the television stations broadcasting such a channel in such market; and ``(II) do not have either-- ``(a) at least one television receiver capable of receiving the digital television service signals of the television stations licensed in such market; or ``(b) at least one television receiver of analog television service signals equipped with digital-to-analog converter technology capable of receiving the digital television service signals of the television stations licensed in such market. ``(C) Spectrum reversion and resale.-- ``(i) The Commission shall-- ``(I) ensure that, as licenses for analog television service expire pursuant to subparagraph (A) or (B), each licensee shall cease using electromagnetic spectrum assigned to such service according to the Commission's direction; and ``(II) reclaim and organize the electromagnetic spectrum in a manner consistent with the objectives described in paragraph (3) of this subsection. ``(ii) Licensees for new services occupying spectrum reclaimed pursuant to clause (i) shall be assigned in accordance with this subsection. The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by September 30, 2002. ``(D) Certain limitations on qualified bidders prohibited.--In prescribing any regulations relating to the qualification of bidders for spectrum reclaimed pursuant to subparagraph (C)(i), the Commission, for any license that may be used for any digital television service where the grade A contour of the station is projected to encompass the entirety of a city with a population in excess of 400,000 (as determined using the 1990 decennial census), shall not-- ``(i) preclude any party from being a qualified bidder for such spectrum on the basis of-- ``(I) the Commission's duopoly rule (47 C.F.R. 73.3555(b)); or ``(II) the Commission's newspaper cross-ownership rule (47 C.F.R. 73.3555(d)); or ``(ii) apply either such rule to preclude such a party that is a winning bidder in a competitive bidding for such spectrum from using such spectrum for digital television service.''. SEC. 3004. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. Title III of the Communications Act of 1934 is amended by inserting after section 336 (47 U.S.C. 336) the following new section: ``SEC. 337. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. ``(a) In General.--Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows: ``(1) 24 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and ``(2) 36 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to section 309(j). ``(b) Assignment.--The Commission shall-- ``(1) commence assignment of the licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998; and ``(2) commence competitive bidding for the commercial licenses created pursuant to subsection (a) after January 1, 2001. ``(c) Licensing of Unused Frequencies for Public Safety Services.-- ``(1) Use of unused channels for public safety services.-- Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this Act or its regulations implementing this Act (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that-- ``(A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use; ``(B) the requested use is technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission's regulations; ``(C) the use of the unassigned frequency for the provision of public safety services is consistent with other allocations for the provision of such services in the geographic area for which the application is made; ``(D) the unassigned frequency was allocated for its present use not less than 2 years prior to the date on which the application is granted; and ``(E) granting such application is consistent with the public interest. ``(2) Applicability.--Paragraph (1) shall apply to any application to provide public safety services that is pending or filed on or after the date of enactment of the Balanced Budget Act of 1997. ``(d) Conditions on Licenses.--In establishing service rules with respect to licenses granted pursuant to this section, the Commission-- ``(1) shall establish interference limits at the boundaries of the spectrum block and service area; ``(2) shall establish any additional technical restrictions necessary to protect full-service analog television service and digital television service during a transition to digital television service; ``(3) may permit public safety services licensees and commercial licensees-- ``(A) to aggregate multiple licenses to create larger spectrum blocks and service areas; and ``(B) to disaggregate or partition licenses to create smaller spectrum blocks or service areas; and ``(4) shall establish rules insuring that public safety services licensees using spectrum reallocated pursuant to subsection (a)(1) shall not be subject to harmful interference from television broadcast licensees. ``(e) Removal and Relocation of Incumbent Broadcast Licensees.-- ``(1) Channels 60 to 69.--Any person who holds a television broadcast license to operate between 746 and 806 megahertz may not operate at that frequency after the date on which the digital television service transition period terminates, as determined by the Commission. ``(2) Incumbent qualifying low-power stations.--After making any allocation or assignment under this section, the Commission shall seek to assure, consistent with the Commission's plan for allotments for digital television service, that each qualifying low-power television station is assigned a frequency below 746 megahertz to permit the continued operation of such station. ``(f) Definitions.--For purposes of this section: ``(1) Public safety services.--The term `public safety services' means services-- ``(A) the sole or principal purpose of which is to protect the safety of life, health, or property; ``(B) that are provided-- ``(i) by State or local government entities; or ``(ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and ``(C) that are not made commercially available to the public by the provider. ``(2) Qualifying low-power television stations.--A station is a qualifying low-power television station if, during the 90 days preceding the date of enactment of the Balanced Budget Act of 1997-- ``(A) such station broadcast a minimum of 18 hours per day; ``(B) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station; and ``(C) such station was in compliance with the requirements applicable to low-power television stations.''. SEC. 3005. FLEXIBLE USE OF ELECTROMAGNETIC SPECTRUM. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following: ``(y) Have authority to allocate electromagnetic spectrum so as to provide flexibility of use, if-- ``(1) such use is consistent with international agreements to which the United States is a party; and ``(2) the Commission finds, after notice and an opportunity for public comment, that-- ``(A) such an allocation would be in the public interest; ``(B) such use would not deter investment in communications services and systems, or technology development; and ``(C) such use would not result in harmful interference among users.''. SEC. 3006. UNIVERSAL SERVICE FUND PAYMENT SCHEDULE. (a) Appropriations to the Universal Service Fund.-- (1) Appropriation.--There is hereby appropriated to the Commission $3,000,000,000 in fiscal year 2001, which shall be disbursed on October 1, 2000, to the Administrator of the Federal universal service support programs established pursuant to section 254 of the Communications Act of 1934 (47 U.S.C. 254), and which may be expended by the Administrator in support of such programs as provided pursuant to the rules implementing that section. (2) Return to treasury.--The Administrator shall transfer $3,000,000,000 from the funds collected for such support programs to the General Fund of the Treasury on October 1, 2001. (b) Fee Adjustments.--The Commission shall direct the Administrator to adjust payments by telecommunications carriers and other providers of interstate telecommunications so that the $3,000,000,000 of the total payments by such carriers or providers to the Administrator for fiscal year 2001 shall be deferred until October 1, 2001. (c) Preservation of Authority.--Nothing in this section shall affect the Administrator's authority to determine the amounts that should be expended for universal service support programs pursuant to section 254 of the Communications Act of 1934 and the rules implementing that section. [[Page H6034]] (d) Definition.--For purposes of this section, the term ``Administrator'' means the Administrator designated by the Federal Communications Commission to administer Federal universal service support programs pursuant to section 254 of the Communications Act of 1934. SEC. 3007. DEADLINE FOR COLLECTION. The Commission shall conduct the competitive bidding required under this title or the amendments made by this title in a manner that ensures that all proceeds of such bidding are deposited in accordance with section 309(j)(8) of the Communications Act of 1934 not later than September 30, 2002. SEC. 3008. ADMINISTRATIVE PROCEDURES FOR SPECTRUM AUCTIONS. Notwithstanding section 309(b) of the Communications Act of 1934 (47 U.S.C. 309(b)), no application for an instrument of authorization for frequencies assigned under this title (or amendments made by this title) shall be granted by the Commission earlier than 7 days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereto. Notwithstanding section 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission may specify a period (no less than 5 days following issuance of such public notice) for the filing of petitions to deny any application for an instrument of authorization for such frequencies. TITLE IV--MEDICARE, MEDICAID, AND CHILDREN'S HEALTH PROVISIONS SEC. 4000. AMENDMENTS TO SOCIAL SECURITY ACT AND REFERENCES TO OBRA; TABLE OF CONTENTS OF TITLE. (a) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this title an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (b) References to OBRA.--In this title, the terms ``OBRA- 1986'', ``OBRA-1987'', ``OBRA-1989'', OBRA-1990'', and ``OBRA-1993'' refer to the Omnibus Budget Reconciliation Act of 1986 (Public Law 99-509), the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203), the Omnibus Budget Reconciliation Act of 1989 (Public Law 101-239), the Omnibus Budget Reconciliation Act of 1990 (Public Law 101- 508), and the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66), respectively. (c) Table of Contents of Title.--The table of contents of this title is as follows: Sec. 4000. Amendments to Social Security Act and references to OBRA; table of contents of title. Subtitle A--Medicare+Choice Program Chapter 1--Medicare+Choice Program Subchapter A--Medicare+Choice Program Sec. 4001. Establishment of Medicare+Choice Program. ``Part C--Medicare+Choice Program ``Sec. 1851. Eligibility, election, and enrollment. ``Sec. 1852. Benefits and beneficiary protections. ``Sec. 1853. Payments to Medicare+Choice organizations. ``Sec. 1854. Premiums. ``Sec. 1855. Organizational and financial requirements for Medicare+Choice organizations; provider-sponsored organizations. ``Sec. 1856. Establishment of standards. ``Sec. 1857. Contracts with Medicare+Choice organizations. ``Sec. 1859. Definitions; miscellaneous provisions. Sec. 4002. Transitional rules for current medicare HMO program. Sec. 4003. Conforming changes in medigap program. Subchapter B--Special Rules for Medicare+Choice Medical Savings Accounts Sec. 4006. Medicare+Choice MSA. Chapter 2--Demonstrations Subchapter A--Medicare+Choice Competitive Pricing Demonstration Project ``Sec. 4011. Medicare prepaid competitive pricing demonstration project. ``Sec. 4012. Administration through the Office of Competition; advisory committee. ``Sec. 4013. Project design based on FEHBP competitive bidding model. Subchapter B--Social Health Maintenance Organizations ``Sec. 4014. Social health maintenance organizations (SHMOs.) Subchapter C--Medicare Subdivision Demonstration Project for Military Retirees ``Sec. 4015. Medicare subvention demonstration project for military retirees. Subchapter D--Other Projects ``Sec. 4016. Medicare coordinated care demonstration project. ``Sec. 4017. Orderly transition of municipal health service demonstration projects. ``Sec. 4018. Medicare enrollment demonstration project. ``Sec. 4019. Extension of certain medicare community nursing organization demonstration projects. Chapter 3--Commissions ``Sec. 4021. National Bipartisan Commission on the Future of Medicare. ``Sec. 4022. Medicare Payment Advisory Commission. Chapter 4--Medigap Protections ``Sec. 4031. Medigap protections. ``Sec. 4032. Addition of high deductible medigap policies. Chapter 5--Tax Treatment of Hospitals Participating in Provider- Sponsored Organizations ``Sec. 4041. Tax treatment of hospitals which participate in provider- sponsored organizations. Subtitle B--Prevention Initiatives ``Sec. 4101. Screening mammography. ``Sec. 4102. Screening pap smear and pelvic exams. ``Sec. 4103. Prostate cancer screening tests. ``Sec. 4104. Coverage of colorectal screening. ``Sec. 4105. Diabetes self-management benefits. ``Sec. 4106. Standardization of medicare coverage of bone mass measurements. ``Sec. 4107. Vaccines outreach expansion. ``Sec. 4108. Study on preventive and enhanced benefits. Subtitle C--Rural Initiatives ``Sec. 4201. Medicare rural hospital flexibility program. ``Sec. 4202. Prohibiting denial of request by rural referral centers for reclassification on basis of comparability of wages. ``Sec. 4203. Hospital geographic reclassification permitted for purposes of disproportionate share payment adjustments. ``Sec. 4204. Medicare-dependent, small rural hospital payment extension. Sec. 4205. Rural health clinic services. Sec. 4206. Medicare reimbursement for telehealth services. Sec. 4207. Informatics, telemedicine, and education demonstration project. Subtitle D--Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity Chapter 1--Revisions To Sanctions for Fraud and Abuse Sec. 4301. Permanent exclusion for those convicted of 3 health care related crimes. Sec. 4302. Authority to refuse to enter into medicare agreements with individuals or entities convicted of felonies. Sec. 4303. Exclusion of entity controlled by family member of a sanctioned individual. Sec. 4304. Imposition of civil money penalties. Chapter 2--Improvements In Protecting Program Integrity Sec. 4311. Improving information to medicare benefic

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CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997
(House of Representatives - July 29, 1997)

Text of this article available as: TXT PDF [Pages H6029-H6298] CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997 Mr. HOBSON submitted the following conference report and statement of the bill (H.R. 2015) to provide for reconciliation pursuant to section 104(a) of the concurrent resolution on the budget for fiscal year 1998: Conference Report (H. Rept. 105-217) The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2015), to provide for reconciliation pursuant to section 104(a) of the concurrent resolution on the budget for fiscal year 1998, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Budget Act of 1997''. SEC. 2. TABLE OF TITLES. This Act is organized into titles as follows: Title I--Food Stamp Provisions Title II--Housing and Related Provisions Title III--Communications and Spectrum Allocation Provisions Title IV--Medicare, Medicaid, and Children's Health Provisions Title V--Welfare and Related Provisions Title VI--Education and Related Provisions Title VII--Civil Service Retirement and Related Provisions Title VIII--Veterans and Related Provisions Title IX--Asset Sales, User Fees, and Miscellaneous Provisions Title X--Budget Enforcement and Process Provisions Title XI--District of Columbia Revitalization TITLE I--FOOD STAMP PROVISIONS SEC. 1001. EXEMPTION. Section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) is amended-- (1) in paragraph (2)(D), by striking ``or (5)'' and inserting ``(5), or (6)''; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: ``(6) 15-percent exemption.-- ``(A) Definitions.--In this paragraph: ``(i) Caseload.--The term `caseload' means the average monthly number of individuals receiving food stamps during the 12-month period ending the preceding June 30. ``(ii) Covered individual.--The term `covered individual' means a food stamp recipient, or an individual denied eligibility for food stamp benefits solely due to paragraph (2), who-- ``(I) is not eligible for an exception under paragraph (3); ``(II) does not reside in an area covered by a waiver granted under paragraph (4); ``(III) is not complying with subparagraph (A), (B), or (C) of paragraph (2); ``(IV) is not receiving food stamp benefits during the 3 months of eligibility provided under paragraph (2); and ``(V) is not receiving food stamp benefits under paragraph (5). ``(B) General rule.--Subject to subparagraphs (C) through (G), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals. ``(C) Fiscal year 1998.--Subject to subparagraphs (E) and (G), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. ``(D) Subsequent fiscal years.--Subject to subparagraphs (E) through (G), for fiscal year 1999 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of food stamp recipients covered by waivers granted under paragraph (4). ``(E) Caseload adjustments.--The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C) or (D) during a fiscal year if the number of food stamp recipients in the State varies from the State's caseload by more than 10 percent, as determined by the Secretary. ``(F) Exemption adjustments.--During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph. ``(G) Reporting requirement.--A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.''. SEC. 1002. ADDITIONAL FUNDING FOR EMPLOYMENT AND TRAINING. (a) In General.--Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) Amounts.--To carry out employment and training programs, the Secretary shall reserve for allocation to State agencies, to remain available until expended, from funds made available for each fiscal year under section 18(a)(1) the amount of-- ``(i) for fiscal year 1996, $75,000,000; ``(ii) for fiscal year 1997, $79,000,000; ``(iii) for fiscal year 1998-- ``(I) $81,000,000; and ``(II) an additional amount of $131,000,000; ``(iv) for fiscal year 1999-- ``(I) $84,000,000; and ``(II) an additional amount of $131,000,000; ``(v) for fiscal year 2000-- ``(I) $86,000,000; and ``(II) an additional amount of $131,000,000; ``(vi) for fiscal year 2001-- ``(I) $88,000,000; and ``(II) an additional amount of $131,000,000; and ``(vii) for fiscal year 2002-- ``(I) $90,000,000; and ``(II) an additional amount of $75,000,000. ``(B) Allocation.-- ``(i) Allocation formula.--The Secretary shall allocate the amounts reserved under subparagraph (A) among the State agencies using a reasonable formula, as determined and adjusted by the Secretary each fiscal year, to reflect-- ``(I) changes in each State's caseload (as defined in section 6(o)(6)(A)); ``(II) for fiscal year 1998, the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3); and [[Page H6030]] ``(III) for each of fiscal years 1999 through 2002, the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3) and who-- ``(aa) do not reside in an area subject to a waiver granted by the Secretary under section 6(o)(4); or ``(bb) do reside in an area subject to a waiver granted by the Secretary under section 6(o)(4), if the State agency provides employment and training services in the area to food stamp recipients who are not eligible for an exception under section 6(o)(3). ``(ii) Estimated factors.--The Secretary shall estimate the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3) based on the survey conducted to carry out subsection (c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. ``(iii) Reporting requirement.--A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph. ``(C) Reallocation.--If a State agency will not expend all of the funds allocated to the State agency for a fiscal year under subparagraph (B), the Secretary shall reallocate the unexpended funds to other States (during the fiscal year or the subsequent fiscal year) as the Secretary considers appropriate and equitable. ``(D) Minimum allocation.--Notwithstanding subparagraph (B), the Secretary shall ensure that each State agency operating an employment and training program shall receive not less than $50,000 for each fiscal year. ``(E) Use of funds.--Of the amount of funds a State agency receives under subparagraphs (A) through (D) for a fiscal year, not less than 80 percent of the funds shall be used by the State agency during the fiscal year to serve food stamp recipients who-- ``(i) are not eligible for an exception under section 6(o)(3); and ``(ii) are placed in and comply with a program described in subparagraph (B) or (C) of section 6(o)(2). ``(F) Maintenance of effort.--To receive an allocation of an additional amount made available under subclause (II) of each of clauses (iii) through (vii) of subparagraph (A), a State agency shall maintain the expenditures of the State agency for employment and training programs and workfare programs for any fiscal year under paragraph (2), and administrative expenses described in section 20(g)(1), at a level that is not less than the level of the expenditures by the State agency to carry out the programs and such expenses for fiscal year 1996. ``(G) Component costs.--The Secretary shall monitor State agencies' expenditure of funds for employment and training programs provided under this paragraph, including the costs of individual components of State agencies' programs. The Secretary may determine the reimbursable costs of employment and training components, and, if the Secretary makes such a determination, the Secretary shall determine that the amounts spent or planned to be spent on the components reflect the reasonable cost of efficiently and economically providing components appropriate to recipient employment and training needs, taking into account, as the Secretary deems appropriate, prior expenditures on the components, the variability of costs among State agencies' components, the characteristics of the recipients to be served, and such other factors as the Secretary considers necessary.''. (b) Report to Congress.--Not later than 30 months after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding whether the amounts made available under section 16(h)(1)(A) of the Food Stamp Act of 1977 (as a result of the amendment made by subsection (a)) have been used by State agencies to increase the number of work slots for recipients subject to section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) in employment and training programs and workfare in the most efficient and effective manner practicable. SEC. 1003. DENIAL OF FOOD STAMPS FOR PRISONERS. (a) State Plans.-- (1) In General.--Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended by striking paragraph (20) and inserting the following: ``(20) that the State agency shall establish a system and take action on a periodic basis-- ``(A) to verify and otherwise ensure that an individual does not receive coupons in more than 1 jurisdiction within the State; and ``(B) to verify and otherwise ensure that an individual who is placed under detention in a Federal, State, or local penal, correctional, or other detention facility for more than 30 days shall not be eligible to participate in the food stamp program as a member of any household, except that-- ``(i) the Secretary may determine that extraordinary circumstances make it impracticable for the State agency to obtain information necessary to discontinue inclusion of the individual; and ``(ii) a State agency that obtains information collected under section 1611(e)(1)(I)(i)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) pursuant to section 1611(e)(1)(I)(ii)(II) of that Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)), or under another program determined by the Secretary to be comparable to the program carried out under that section, shall be considered in compliance with this subparagraph.''. (2) Limits on disclosure and use of information.--Section 11(e)(8)(E) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(E)) is amended by striking ``paragraph (16)'' and inserting ``paragraph (16) or (20)(B)''. (3) Effective Date.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (B) Extension.--The Secretary of Agriculture may grant a State an extension of time to comply with the amendments made by this subsection, not to exceed beyond the date that is 2 years after the date of enactment of this Act, if the chief executive officer of the State submits a request for the extension to the Secretary-- (i) stating the reasons why the State is not able to comply with the amendments made by this subsection by the date that is 1 year after the date of enactment of this Act; (ii) providing evidence that the State is making a good faith effort to comply with the amendments made by this subsection as soon as practicable; and (iii) detailing a plan to bring the State into compliance with the amendments made by this subsection as soon as practicable but not later than the date of the requested extension. (b) Information Sharing.--Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end the following: ``(q) Denial of Food Stamps for Prisoners.--The Secretary shall assist States, to the maximum extent practicable, in implementing a system to conduct computer matches or other systems to prevent prisoners described in section 11(e)(20)(B) from participating in the food stamp program as a member of any household.''. SEC. 1004. NUTRITION EDUCATION. Section 11(f) of the Food Stamp Act of 1977 (7 U.S.C. 2020(f)) is amended-- (1) by striking ``(f) To encourage'' and inserting the following: ``(f) Nutrition Education.-- ``(1) In general.--To encourage''; and (2) by adding at the end the following: ``(2) Grants.-- ``(A) In general.--The Secretary shall make available not more than $600,000 for each of fiscal years 1998 through 2001 to pay the Federal share of grants made to eligible private nonprofit organizations and State agencies to carry out subparagraph (B). ``(B) Eligibility.--A private nonprofit organization or State agency shall be eligible to receive a grant under subparagraph (A) if the organization or agency agrees-- ``(i) to use the funds to direct a collaborative effort to coordinate and integrate nutrition education into health, nutrition, social service, and food distribution programs for food stamp participants and other low-income households; and ``(ii) to design the collaborative effort to reach large numbers of food stamp participants and other low-income households through a network of organizations, including schools, child care centers, farmers' markets, health clinics, and outpatient education services. ``(C) Preference.--In deciding between 2 or more private nonprofit organizations or State agencies that are eligible to receive a grant under subparagraph (B), the Secretary shall give a preference to an organization or agency that conducted a collaborative effort described in subparagraph (B) and received funding for the collaborative effort from the Secretary before the date of enactment of this paragraph. ``(D) Federal share.-- ``(i) In general.--Subject to subparagraph (E), the Federal share of a grant under this paragraph shall be 50 percent. ``(ii) No in-kind contributions.--The non-Federal share of a grant under this paragraph shall be in cash. ``(iii) Private funds.--The non-Federal share of a grant under this paragraph may include amounts from private nongovernmental sources. ``(E) Limit on individual grant.--The Federal share of a grant under subparagraph (A) may not exceed $200,000 for a fiscal year.''. SEC. 1005. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this title. (b) Effective Date.--The amendments made by sections 1001 and 1002 take effect on October 1, 1997, without regard to whether regulations have been promulgated to implement the amendments made by such sections. TITLE II--HOUSING AND RELATED PROVISIONS SEC. 2001. TABLE OF CONTENTS. The table of contents for this title is as follows: TITLE II--HOUSING AND RELATED PROVISIONS Sec. 2001. Table of contents. Sec. 2002. Extension of foreclosure avoidance and borrower assistance provisions for FHA single family housing mortgage insurance program. Sec. 2003. Adjustment of maximum monthly rents for certain dwelling units in new construction and substantial or moderate rehabilitation projects assisted under section 8 rental assistance program. Sec. 2004. Adjustment of maximum monthly rents for non- turnover dwelling units assisted under section 8 rental assistance program. SEC. 2002. EXTENSION OF FORECLOSURE AVOIDANCE AND BORROWER ASSISTANCE PROVISIONS FOR FHA SINGLE FAMILY HOUSING MORTGAGE INSURANCE PROGRAM. Section 407 of The Balanced Budget Downpayment Act, I (12 U.S.C. 1710 note) is amended-- (1) in subsection (c)-- (A) by striking ``only''; and (B) by inserting ``, on, or after'' after ``before''; and [[Page H6031]] (2) by striking subsection (e). SEC. 2003. ADJUSTMENT OF MAXIMUM MONTHLY RENTS FOR CERTAIN DWELLING UNITS IN NEW CONSTRUCTION AND SUBSTANTIAL OR MODERATE REHABILITATION PROJECTS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM. The third sentence of section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amended by inserting before the period at the end the following: ``, and during fiscal year 1999 and thereafter''. SEC. 2004. ADJUSTMENT OF MAXIMUM MONTHLY RENTS FOR NON- TURNOVER DWELLING UNITS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM. The last sentence of section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amended by inserting before the period at the end the following: ``, and during fiscal year 1999 and thereafter''. TITLE III--COMMUNICATIONS AND SPECTRUM ALLOCATION PROVISIONS SEC. 3001. DEFINITIONS. (a) Common Terminology.--Except as otherwise provided in this title, the terms used in this title have the meanings provided in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by this section. (b) Additional Definitions.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (49) through (51) as paragraphs (50) through (52), respectively; and (2) by inserting after paragraph (48) the following new paragraph: ``(49) Television service.-- ``(A) Analog television service.--The term `analog television service' means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(a) of its regulations (47 C.F.R. 73.682(a)). ``(B) Digital television service.--The term `digital television service' means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(d) of its regulations (47 C.F.R. 73.682(d)).''. SEC. 3002. SPECTRUM AUCTIONS. (a) Extension and Expansion of Auction Authority.-- (1) In general.--Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (A) by striking paragraphs (1) and (2) and inserting in lieu thereof the following: ``(1) General authority.--If, consistent with the obligations described in paragraph (6)(E), mutually exclusive applications are accepted for any initial license or construction permit, then, except as provided in paragraph (2), the Commission shall grant the license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection. ``(2) Exemptions.--The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission-- ``(A) for public safety radio services, including private internal radio services used by State and local governments and non-government entities and including emergency road services provided by not-for-profit organizations, that-- ``(i) are used to protect the safety of life, health, or property; and ``(ii) are not made commercially available to the public; ``(B) for initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or ``(C) for stations described in section 397(6) of this Act.''; (B) in paragraph (3)-- (i) by inserting after the second sentence the following new sentence: ``The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round.''; (ii) by striking ``and'' at the end of subparagraph (C); (iii) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(E) ensure that, in the scheduling of any competitive bidding under this subsection, an adequate period is allowed-- ``(i) before issuance of bidding rules, to permit notice and comment on proposed auction procedures; and ``(ii) after issuance of bidding rules, to ensure that interested parties have a sufficient time to develop business plans, assess market conditions, and evaluate the availability of equipment for the relevant services.''; (C) in paragraph (4)-- (i) by striking ``and'' at the end of subparagraph (D); (ii) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(F) prescribe methods by which a reasonable reserve price will be required, or a minimum bid will be established, to obtain any license or permit being assigned pursuant to the competitive bidding, unless the Commission determines that such a reserve price or minimum bid is not in the public interest.''; (D) in paragraph (8)(B)-- (i) by striking the third sentence; and (ii) by adding at the end the following new sentence: ``No sums may be retained under this subparagraph during any fiscal year beginning after September 30, 1998, if the annual report of the Commission under section 4(k) for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.''; (E) in paragraph (11), by striking ``1998'' and inserting ``2007''; and (F) in paragraph (13)(F), by striking ``September 30, 1998'' and inserting ``the date of enactment of the Balanced Budget Act of 1997''. (2) Termination of Lottery Authority.--Section 309(i) of the Communications Act of 1934 (47 U.S.C. 309(i)) is amended-- (A) by striking paragraph (1) and inserting the following: ``(1) General authority.--Except as provided in paragraph (5), if there is more than one application for any initial license or construction permit, then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection.''; and (B) by adding at the end the following new paragraph: ``(5) Termination of authority.--(A) Except as provided in subparagraph (B), the Commission shall not issue any license or permit using a system of random selection under this subsection after July 1, 1997. ``(B) Subparagraph (A) of this paragraph shall not apply with respect to licenses or permits for stations described in section 397(6) of this Act.''. (3) Resolution of pending comparative licensing cases.-- Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is further amended by adding at the end the following new subsection: ``(l) Applicability of Competitive Bidding to Pending Comparative Licensing Cases.--With respect to competing applications for initial licenses or construction permits for commercial radio or television stations that were filed with the Commission before July 1, 1997, the Commission shall-- ``(1) have the authority to conduct a competitive bidding proceeding pursuant to subsection (j) to assign such license or permit; ``(2) treat the persons filing such applications as the only persons eligible to be qualified bidders for purposes of such proceeding; and ``(3) waive any provisions of its regulations necessary to permit such persons to enter an agreement to procure the removal of a conflict between their applications during the 180-day period beginning on the date of enactment of the Balanced Budget Act of 1997.''. (4) Conforming amendment.--Section 6002 of the Omnibus Budget Reconciliation Act of 1993 is amended by striking subsection (e). (5) Effective Date.--Except as otherwise provided therein, the amendments made by this subsection are effective on July 1, 1997. (b) Accelerated Availability for Auction of 1,710-1,755 Megahertz from Initial Reallocation Report.--The band of frequencies located at 1,710-1,755 megahertz identified in the initial reallocation report under section 113(a) of the National Telecommunications and Information Administration Act (47 U.S.C. 923(a)) shall, notwithstanding the timetable recommended under section 113(e) of such Act and section 115(b)(1) of such Act, be available in accordance with this subsection for assignment for commercial use. The Commission shall assign licenses for such use by competitive bidding commenced after January 1, 2001, pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). (c) Commission Obligation To Make Additional Spectrum Available by Auction.-- (1) In general.--The Commission shall complete all actions necessary to permit the assignment by September 30, 2002, by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), of licenses for the use of bands of frequencies that-- (A) in the aggregate span not less than 55 megahertz; (B) are located below 3 gigahertz; (C) have not, as of the date of enactment of this Act-- (i) been designated by Commission regulation for assignment pursuant to such section; (ii) been identified by the Secretary of Commerce pursuant to section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); (iii) been allocated for Federal Government use pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305); (iv) been designated for reallocation under section 337 of the Communications Act of 1934 (as added by this Act); or (v) been allocated or authorized for unlicensed use pursuant to part 15 of the Commission's regulations (47 C.F.R. Part 15), if the operation of services licensed pursuant to competitive bidding would interfere with operation of end-user products permitted under such regulations; (D) include frequencies at 2,110-2,150 megahertz; and (E) include 15 megahertz from within the bands of frequencies at 1,990-2,110 megahertz. (2) Criteria for Reassignment.--In making available bands of frequencies for competitive bidding pursuant to paragraph (1), the Commission shall-- (A) seek to promote the most efficient use of the electromagnetic spectrum; (B) consider the cost of relocating existing uses to other bands of frequencies or other means of communication; (C) consider the needs of existing public safety radio services (as such services are described in section 309(j)(2)(A) of the Communications Act of 1934, as amended by this Act); (D) comply with the requirements of international agreements concerning spectrum allocations; and [[Page H6032]] (E) coordinate with the Secretary of Commerce when there is any impact on Federal Government spectrum use. (3) Use of bands at 2,110-2,150 megahertz.--The Commission shall reallocate spectrum located at 2,110-2,150 megahertz for assignment by competitive bidding unless the Commission determines that auction of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce greater receipts. If the Commission makes such a determination, then the Commission shall, within 2 years after the date of enactment of this Act, identify an alternative 40 megahertz, and report to the Congress an identification of such alternative 40 megahertz for assignment by competitive bidding. (4) Use of 15 megahertz from bands at 1,990-2,110 megahertz.--The Commission shall reallocate 15 megahertz from spectrum located at 1,990-2,110 megahertz for assignment by competitive bidding unless the President determines such spectrum cannot be reallocated due to the need to protect incumbent Federal systems from interference, and that allocation of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce comparable receipts. If the President makes such a determination, then the President shall, within 2 years after the date of enactment of this Act, identify alternative bands of frequencies totalling 15 megahertz, and report to the Congress an identification of such alternative bands for assignment by competitive bidding. (5) Notification to the Secretary of Commerce.--The Commission shall attempt to accommodate incumbent licensees displaced under this section by relocating them to other frequencies available for allocation by the Commission. The Commission shall notify the Secretary of Commerce whenever the Commission is not able to provide for the effective relocation of an incumbent licensee to a band of frequencies available to the Commission for assignment. The notification shall include-- (A) specific information on the incumbent licensee; (B) the bands the Commission considered for relocation of the licensee; (C) the reasons the licensee cannot be accommodated in such bands; and (D) the bands of frequencies identified by the Commission that are-- (i) suitable for the relocation of such licensee; and (ii) allocated for Federal Government use, but that could be reallocated pursuant to part B of the National Telecommunications and Information Administration Organization Act (as amended by this Act). (d) Identification and Reallocation of Frequencies.-- (1) In general.--Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended by adding at the end thereof the following: ``(f) Additional Reallocation Report.--If the Secretary receives a notice from the Commission pursuant to section 3002(c)(5) of the Balanced Budget Act of 1997, the Secretary shall prepare and submit to the President, the Commission, and the Congress a report recommending for reallocation for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), bands of frequencies that are suitable for the licensees identified in the Commission's notice. The Commission shall, not later than one year after receipt of such report, prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment of such frequencies under the 1934 Act to incumbent licensees described in the Commission's notice. ``(g) Relocation of Federal Government Stations.-- ``(1) In general.--In order to expedite the commercial use of the electromagnetic spectrum and notwithstanding section 3302(b) of title 31, United States Code, any Federal entity which operates a Federal Government station may accept from any person payment of the expenses of relocating the Federal entity's operations from one or more frequencies to another frequency or frequencies, including the costs of any modification, replacement, or reissuance of equipment, facilities, operating manuals, or regulations incurred by that entity. Such payments may be in advance of relocation and may be in cash or in kind. Any such payment in cash shall be deposited in the account of such Federal entity in the Treasury of the United States or in a separate account authorized by law. Funds deposited according to this paragraph shall be available, without appropriation or fiscal year limitation, only for such expenses of the Federal entity for which such funds were deposited under this paragraph. ``(2) Process for relocation.--Any person seeking to relocate a Federal Government station that has been assigned a frequency within a band that has been allocated for mixed Federal and non-Federal use, or that has been scheduled for reallocation to non-Federal use, may submit a petition for such relocation to NTIA. The NTIA shall limit or terminate the Federal Government station's operating license within 6 months after receiving the petition if the following requirements are met: ``(A) the person seeking relocation of the Federal Government station has guaranteed to pay all relocation costs incurred by the Federal entity, including all engineering, equipment, site acquisition and construction, and regulatory fee costs; ``(B) all activities necessary for implementing the relocation have been completed, including construction of replacement facilities (if necessary and appropriate) and identifying and obtaining new frequencies for use by the relocated Federal Government station (where such station is not relocating to spectrum reserved exclusively for Federal use); ``(C) any necessary replacement facilities, equipment modifications, or other changes have been implemented and tested to ensure that the Federal Government station is able to successfully accomplish its purposes; and ``(D) NTIA has determined that the proposed use of the spectrum frequency band to which the Federal entity will relocate its operations is-- ``(i) consistent with obligations undertaken by the United States in international agreements and with United States national security and public safety interests; and ``(ii) suitable for the technical characteristics of the band and consistent with other uses of the band. In exercising its authority under clause (i) of this subparagraph, NTIA shall consult with the Secretary of Defense, the Secretary of State, or other appropriate officers of the Federal Government. ``(3) Right to reclaim.--If within one year after the relocation the Federal entity demonstrates to the Commission that the new facilities or spectrum are not comparable to the facilities or spectrum from which the Federal Government station was relocated, the person who filed the petition under paragraph (2) for such relocation shall take reasonable steps to remedy any defects or pay the Federal entity for the expenses incurred in returning the Federal Government station to the spectrum from which such station was relocated. ``(h) Federal Action To Expedite Spectrum Transfer.--Any Federal Government station which operates on electromagnetic spectrum that has been identified in any reallocation report under this section shall, to the maximum extent practicable through the use of the authority granted under subsection (g) and any other applicable provision of law, take action to relocate its spectrum use to other frequencies that are reserved for Federal use or to consolidate its spectrum use with other Federal Government stations in a manner that maximizes the spectrum available for non-Federal use. ``(i) Definition.--For purposes of this section, the term `Federal entity' means any department, agency, or other instrumentality of the Federal Government that utilizes a Government station license obtained under section 305 of the 1934 Act (47 U.S.C. 305).''. (2) Section 114(a) of such Act (47 U.S.C. 924(a)) is amended-- (A) in paragraph (1), by striking ``(a) or (d)(1)'' and inserting ``(a), (d)(1), or (f)''; and (B) in paragraph (2), by striking ``either'' and inserting ``any''. (e) Identification and Reallocation of Auctionable Frequencies.-- (1) Second report required.--Section 113(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(a)) is amended by inserting ``and within 6 months after the date of enactment of the Balanced Budget Act of 1997'' after ``Act of 1993''. (2) In general.--Section 113(b) of such Act (47 U.S.C. 923(b)) is amended-- (A) by striking the caption of paragraph (1) and inserting ``Initial reallocation report.--''; (B) by inserting ``in the initial report required by subsection (a)'' after ``recommend for reallocation'' in paragraph (1); (C) by inserting ``or (3)'' after ``paragraph (1)'' each place it appears in paragraph (2); and (D) by adding at the end thereof the following: ``(3) Second reallocation report.--In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the second report required by subsection (a), for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), a band or bands of frequencies that-- ``(A) in the aggregate span not less than 20 megahertz; ``(B) are located below 3 gigahertz; and ``(C) meet the criteria specified in paragraphs (1) through (5) of subsection (a).''. (3) Conforming amendment.--Section 113(d) of such Act (47 U.S.C. 923(d)) is amended by striking ``final report'' and inserting ``initial report''. (4) Allocation and assignment.--Section 115 of such Act (47 U.S.C. 925) is amended-- (A) by striking ``the report required by section 113(a)'' in subsection (b) and inserting ``the initial reallocation report required by section 113(a)''; and (B) by adding at the end thereof the following: ``(c) Allocation and Assignment of Frequencies Identified in the Second Reallocation Report.-- ``(1) Plan and implementation.--With respect to the frequencies made available for reallocation pursuant to section 113(b)(3), the Commission shall, not later than one year after receipt of the second reallocation report required by section 113(a), prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment under the 1934 Act of all such frequencies in accordance with section 309(j) of such Act. ``(2) Contents.--The plan prepared by the Commission under paragraph (1) shall consist of a schedule of allocation and assignment of those frequencies in accordance with section 309(j) of the 1934 Act in time for the assignment of those licenses or permits by September 30, 2002.''. SEC. 3003. AUCTION OF RECAPTURED BROADCAST TELEVISION SPECTRUM. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph: ``(14) Auction of recaptured broadcast television spectrum.-- ``(A) Limitations on terms of terrestrial television broadcast licenses.--A television [[Page H6033]] broadcast license that authorizes analog television service may not be renewed to authorize such service for a period that extends beyond December 31, 2006. ``(B) Extension.--The Commission shall extend the date described in subparagraph (A) for any station that requests such extension in any television market if the Commission finds that-- ``(i) one or more of the stations in such market that are licensed to or affiliated with one of the four largest national television networks are not broadcasting a digital television service signal, and the Commission finds that each such station has exercised due diligence and satisfies the conditions for an extension of the Commission's applicable construction deadlines for digital television service in that market; ``(ii) digital-to-analog converter technology is not generally available in such market; or ``(iii) in any market in which an extension is not available under clause (i) or (ii), 15 percent or more of the television households in such market-- ``(I) do not subscribe to a multichannel video programming distributor (as defined in section 602) that carries one of the digital television service programming channels of each of the television stations broadcasting such a channel in such market; and ``(II) do not have either-- ``(a) at least one television receiver capable of receiving the digital television service signals of the television stations licensed in such market; or ``(b) at least one television receiver of analog television service signals equipped with digital-to-analog converter technology capable of receiving the digital television service signals of the television stations licensed in such market. ``(C) Spectrum reversion and resale.-- ``(i) The Commission shall-- ``(I) ensure that, as licenses for analog television service expire pursuant to subparagraph (A) or (B), each licensee shall cease using electromagnetic spectrum assigned to such service according to the Commission's direction; and ``(II) reclaim and organize the electromagnetic spectrum in a manner consistent with the objectives described in paragraph (3) of this subsection. ``(ii) Licensees for new services occupying spectrum reclaimed pursuant to clause (i) shall be assigned in accordance with this subsection. The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by September 30, 2002. ``(D) Certain limitations on qualified bidders prohibited.--In prescribing any regulations relating to the qualification of bidders for spectrum reclaimed pursuant to subparagraph (C)(i), the Commission, for any license that may be used for any digital television service where the grade A contour of the station is projected to encompass the entirety of a city with a population in excess of 400,000 (as determined using the 1990 decennial census), shall not-- ``(i) preclude any party from being a qualified bidder for such spectrum on the basis of-- ``(I) the Commission's duopoly rule (47 C.F.R. 73.3555(b)); or ``(II) the Commission's newspaper cross-ownership rule (47 C.F.R. 73.3555(d)); or ``(ii) apply either such rule to preclude such a party that is a winning bidder in a competitive bidding for such spectrum from using such spectrum for digital television service.''. SEC. 3004. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. Title III of the Communications Act of 1934 is amended by inserting after section 336 (47 U.S.C. 336) the following new section: ``SEC. 337. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. ``(a) In General.--Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows: ``(1) 24 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and ``(2) 36 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to section 309(j). ``(b) Assignment.--The Commission shall-- ``(1) commence assignment of the licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998; and ``(2) commence competitive bidding for the commercial licenses created pursuant to subsection (a) after January 1, 2001. ``(c) Licensing of Unused Frequencies for Public Safety Services.-- ``(1) Use of unused channels for public safety services.-- Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this Act or its regulations implementing this Act (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that-- ``(A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use; ``(B) the requested use is technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission's regulations; ``(C) the use of the unassigned frequency for the provision of public safety services is consistent with other allocations for the provision of such services in the geographic area for which the application is made; ``(D) the unassigned frequency was allocated for its present use not less than 2 years prior to the date on which the application is granted; and ``(E) granting such application is consistent with the public interest. ``(2) Applicability.--Paragraph (1) shall apply to any application to provide public safety services that is pending or filed on or after the date of enactment of the Balanced Budget Act of 1997. ``(d) Conditions on Licenses.--In establishing service rules with respect to licenses granted pursuant to this section, the Commission-- ``(1) shall establish interference limits at the boundaries of the spectrum block and service area; ``(2) shall establish any additional technical restrictions necessary to protect full-service analog television service and digital television service during a transition to digital television service; ``(3) may permit public safety services licensees and commercial licensees-- ``(A) to aggregate multiple licenses to create larger spectrum blocks and service areas; and ``(B) to disaggregate or partition licenses to create smaller spectrum blocks or service areas; and ``(4) shall establish rules insuring that public safety services licensees using spectrum reallocated pursuant to subsection (a)(1) shall not be subject to harmful interference from television broadcast licensees. ``(e) Removal and Relocation of Incumbent Broadcast Licensees.-- ``(1) Channels 60 to 69.--Any person who holds a television broadcast license to operate between 746 and 806 megahertz may not operate at that frequency after the date on which the digital television service transition period terminates, as determined by the Commission. ``(2) Incumbent qualifying low-power stations.--After making any allocation or assignment under this section, the Commission shall seek to assure, consistent with the Commission's plan for allotments for digital television service, that each qualifying low-power television station is assigned a frequency below 746 megahertz to permit the continued operation of such station. ``(f) Definitions.--For purposes of this section: ``(1) Public safety services.--The term `public safety services' means services-- ``(A) the sole or principal purpose of which is to protect the safety of life, health, or property; ``(B) that are provided-- ``(i) by State or local government entities; or ``(ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and ``(C) that are not made commercially available to the public by the provider. ``(2) Qualifying low-power television stations.--A station is a qualifying low-power television station if, during the 90 days preceding the date of enactment of the Balanced Budget Act of 1997-- ``(A) such station broadcast a minimum of 18 hours per day; ``(B) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station; and ``(C) such station was in compliance with the requirements applicable to low-power television stations.''. SEC. 3005. FLEXIBLE USE OF ELECTROMAGNETIC SPECTRUM. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following: ``(y) Have authority to allocate electromagnetic spectrum so as to provide flexibility of use, if-- ``(1) such use is consistent with international agreements to which the United States is a party; and ``(2) the Commission finds, after notice and an opportunity for public comment, that-- ``(A) such an allocation would be in the public interest; ``(B) such use would not deter investment in communications services and systems, or technology development; and ``(C) such use would not result in harmful interference among users.''. SEC. 3006. UNIVERSAL SERVICE FUND PAYMENT SCHEDULE. (a) Appropriations to the Universal Service Fund.-- (1) Appropriation.--There is hereby appropriated to the Commission $3,000,000,000 in fiscal year 2001, which shall be disbursed on October 1, 2000, to the Administrator of the Federal universal service support programs established pursuant to section 254 of the Communications Act of 1934 (47 U.S.C. 254), and which may be expended by the Administrator in support of such programs as provided pursuant to the rules implementing that section. (2) Return to treasury.--The Administrator shall transfer $3,000,000,000 from the funds collected for such support programs to the General Fund of the Treasury on October 1, 2001. (b) Fee Adjustments.--The Commission shall direct the Administrator to adjust payments by telecommunications carriers and other providers of interstate telecommunications so that the $3,000,000,000 of the total payments by such carriers or providers to the Administrator for fiscal year 2001 shall be deferred until October 1, 2001. (c) Preservation of Authority.--Nothing in this section shall affect the Administrator's authority to determine the amounts that should be expended for universal service support programs pursuant to section 254 of the Communications Act of 1934 and the rules implementing that section. [[Page H6034]] (d) Definition.--For purposes of this section, the term ``Administrator'' means the Administrator designated by the Federal Communications Commission to administer Federal universal service support programs pursuant to section 254 of the Communications Act of 1934. SEC. 3007. DEADLINE FOR COLLECTION. The Commission shall conduct the competitive bidding required under this title or the amendments made by this title in a manner that ensures that all proceeds of such bidding are deposited in accordance with section 309(j)(8) of the Communications Act of 1934 not later than September 30, 2002. SEC. 3008. ADMINISTRATIVE PROCEDURES FOR SPECTRUM AUCTIONS. Notwithstanding section 309(b) of the Communications Act of 1934 (47 U.S.C. 309(b)), no application for an instrument of authorization for frequencies assigned under this title (or amendments made by this title) shall be granted by the Commission earlier than 7 days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereto. Notwithstanding section 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission may specify a period (no less than 5 days following issuance of such public notice) for the filing of petitions to deny any application for an instrument of authorization for such frequencies. TITLE IV--MEDICARE, MEDICAID, AND CHILDREN'S HEALTH PROVISIONS SEC. 4000. AMENDMENTS TO SOCIAL SECURITY ACT AND REFERENCES TO OBRA; TABLE OF CONTENTS OF TITLE. (a) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this title an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (b) References to OBRA.--In this title, the terms ``OBRA- 1986'', ``OBRA-1987'', ``OBRA-1989'', OBRA-1990'', and ``OBRA-1993'' refer to the Omnibus Budget Reconciliation Act of 1986 (Public Law 99-509), the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203), the Omnibus Budget Reconciliation Act of 1989 (Public Law 101-239), the Omnibus Budget Reconciliation Act of 1990 (Public Law 101- 508), and the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66), respectively. (c) Table of Contents of Title.--The table of contents of this title is as follows: Sec. 4000. Amendments to Social Security Act and references to OBRA; table of contents of title. Subtitle A--Medicare+Choice Program Chapter 1--Medicare+Choice Program Subchapter A--Medicare+Choice Program Sec. 4001. Establishment of Medicare+Choice Program. ``Part C--Medicare+Choice Program ``Sec. 1851. Eligibility, election, and enrollment. ``Sec. 1852. Benefits and beneficiary protections. ``Sec. 1853. Payments to Medicare+Choice organizations. ``Sec. 1854. Premiums. ``Sec. 1855. Organizational and financial requirements for Medicare+Choice organizations; provider-sponsored organizations. ``Sec. 1856. Establishment of standards. ``Sec. 1857. Contracts with Medicare+Choice organizations. ``Sec. 1859. Definitions; miscellaneous provisions. Sec. 4002. Transitional rules for current medicare HMO program. Sec. 4003. Conforming changes in medigap program. Subchapter B--Special Rules for Medicare+Choice Medical Savings Accounts Sec. 4006. Medicare+Choice MSA. Chapter 2--Demonstrations Subchapter A--Medicare+Choice Competitive Pricing Demonstration Project ``Sec. 4011. Medicare prepaid competitive pricing demonstration project. ``Sec. 4012. Administration through the Office of Competition; advisory committee. ``Sec. 4013. Project design based on FEHBP competitive bidding model. Subchapter B--Social Health Maintenance Organizations ``Sec. 4014. Social health maintenance organizations (SHMOs.) Subchapter C--Medicare Subdivision Demonstration Project for Military Retirees ``Sec. 4015. Medicare subvention demonstration project for military retirees. Subchapter D--Other Projects ``Sec. 4016. Medicare coordinated care demonstration project. ``Sec. 4017. Orderly transition of municipal health service demonstration projects. ``Sec. 4018. Medicare enrollment demonstration project. ``Sec. 4019. Extension of certain medicare community nursing organization demonstration projects. Chapter 3--Commissions ``Sec. 4021. National Bipartisan Commission on the Future of Medicare. ``Sec. 4022. Medicare Payment Advisory Commission. Chapter 4--Medigap Protections ``Sec. 4031. Medigap protections. ``Sec. 4032. Addition of high deductible medigap policies. Chapter 5--Tax Treatment of Hospitals Participating in Provider- Sponsored Organizations ``Sec. 4041. Tax treatment of hospitals which participate in provider- sponsored organizations. Subtitle B--Prevention Initiatives ``Sec. 4101. Screening mammography. ``Sec. 4102. Screening pap smear and pelvic exams. ``Sec. 4103. Prostate cancer screening tests. ``Sec. 4104. Coverage of colorectal screening. ``Sec. 4105. Diabetes self-management benefits. ``Sec. 4106. Standardization of medicare coverage of bone mass measurements. ``Sec. 4107. Vaccines outreach expansion. ``Sec. 4108. Study on preventive and enhanced benefits. Subtitle C--Rural Initiatives ``Sec. 4201. Medicare rural hospital flexibility program. ``Sec. 4202. Prohibiting denial of request by rural referral centers for reclassification on basis of comparability of wages. ``Sec. 4203. Hospital geographic reclassification permitted for purposes of disproportionate share payment adjustments. ``Sec. 4204. Medicare-dependent, small rural hospital payment extension. Sec. 4205. Rural health clinic services. Sec. 4206. Medicare reimbursement for telehealth services. Sec. 4207. Informatics, telemedicine, and education demonstration project. Subtitle D--Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity Chapter 1--Revisions To Sanctions for Fraud and Abuse Sec. 4301. Permanent exclusion for those convicted of 3 health care related crimes. Sec. 4302. Authority to refuse to enter into medicare agreements with individuals or entities convicted of felonies. Sec. 4303. Exclusion of entity controlled by family member of a sanctioned individual. Sec. 4304. Imposition of civil money penalties. Chapter 2--Improvements In Protecting Program Integrity Sec. 4311. Improving information to medica

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CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997
(House of Representatives - July 29, 1997)

Text of this article available as: TXT PDF [Pages H6029-H6298] CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997 Mr. HOBSON submitted the following conference report and statement of the bill (H.R. 2015) to provide for reconciliation pursuant to section 104(a) of the concurrent resolution on the budget for fiscal year 1998: Conference Report (H. Rept. 105-217) The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2015), to provide for reconciliation pursuant to section 104(a) of the concurrent resolution on the budget for fiscal year 1998, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Budget Act of 1997''. SEC. 2. TABLE OF TITLES. This Act is organized into titles as follows: Title I--Food Stamp Provisions Title II--Housing and Related Provisions Title III--Communications and Spectrum Allocation Provisions Title IV--Medicare, Medicaid, and Children's Health Provisions Title V--Welfare and Related Provisions Title VI--Education and Related Provisions Title VII--Civil Service Retirement and Related Provisions Title VIII--Veterans and Related Provisions Title IX--Asset Sales, User Fees, and Miscellaneous Provisions Title X--Budget Enforcement and Process Provisions Title XI--District of Columbia Revitalization TITLE I--FOOD STAMP PROVISIONS SEC. 1001. EXEMPTION. Section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) is amended-- (1) in paragraph (2)(D), by striking ``or (5)'' and inserting ``(5), or (6)''; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: ``(6) 15-percent exemption.-- ``(A) Definitions.--In this paragraph: ``(i) Caseload.--The term `caseload' means the average monthly number of individuals receiving food stamps during the 12-month period ending the preceding June 30. ``(ii) Covered individual.--The term `covered individual' means a food stamp recipient, or an individual denied eligibility for food stamp benefits solely due to paragraph (2), who-- ``(I) is not eligible for an exception under paragraph (3); ``(II) does not reside in an area covered by a waiver granted under paragraph (4); ``(III) is not complying with subparagraph (A), (B), or (C) of paragraph (2); ``(IV) is not receiving food stamp benefits during the 3 months of eligibility provided under paragraph (2); and ``(V) is not receiving food stamp benefits under paragraph (5). ``(B) General rule.--Subject to subparagraphs (C) through (G), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals. ``(C) Fiscal year 1998.--Subject to subparagraphs (E) and (G), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. ``(D) Subsequent fiscal years.--Subject to subparagraphs (E) through (G), for fiscal year 1999 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of food stamp recipients covered by waivers granted under paragraph (4). ``(E) Caseload adjustments.--The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C) or (D) during a fiscal year if the number of food stamp recipients in the State varies from the State's caseload by more than 10 percent, as determined by the Secretary. ``(F) Exemption adjustments.--During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph. ``(G) Reporting requirement.--A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.''. SEC. 1002. ADDITIONAL FUNDING FOR EMPLOYMENT AND TRAINING. (a) In General.--Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) Amounts.--To carry out employment and training programs, the Secretary shall reserve for allocation to State agencies, to remain available until expended, from funds made available for each fiscal year under section 18(a)(1) the amount of-- ``(i) for fiscal year 1996, $75,000,000; ``(ii) for fiscal year 1997, $79,000,000; ``(iii) for fiscal year 1998-- ``(I) $81,000,000; and ``(II) an additional amount of $131,000,000; ``(iv) for fiscal year 1999-- ``(I) $84,000,000; and ``(II) an additional amount of $131,000,000; ``(v) for fiscal year 2000-- ``(I) $86,000,000; and ``(II) an additional amount of $131,000,000; ``(vi) for fiscal year 2001-- ``(I) $88,000,000; and ``(II) an additional amount of $131,000,000; and ``(vii) for fiscal year 2002-- ``(I) $90,000,000; and ``(II) an additional amount of $75,000,000. ``(B) Allocation.-- ``(i) Allocation formula.--The Secretary shall allocate the amounts reserved under subparagraph (A) among the State agencies using a reasonable formula, as determined and adjusted by the Secretary each fiscal year, to reflect-- ``(I) changes in each State's caseload (as defined in section 6(o)(6)(A)); ``(II) for fiscal year 1998, the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3); and [[Page H6030]] ``(III) for each of fiscal years 1999 through 2002, the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3) and who-- ``(aa) do not reside in an area subject to a waiver granted by the Secretary under section 6(o)(4); or ``(bb) do reside in an area subject to a waiver granted by the Secretary under section 6(o)(4), if the State agency provides employment and training services in the area to food stamp recipients who are not eligible for an exception under section 6(o)(3). ``(ii) Estimated factors.--The Secretary shall estimate the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3) based on the survey conducted to carry out subsection (c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. ``(iii) Reporting requirement.--A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph. ``(C) Reallocation.--If a State agency will not expend all of the funds allocated to the State agency for a fiscal year under subparagraph (B), the Secretary shall reallocate the unexpended funds to other States (during the fiscal year or the subsequent fiscal year) as the Secretary considers appropriate and equitable. ``(D) Minimum allocation.--Notwithstanding subparagraph (B), the Secretary shall ensure that each State agency operating an employment and training program shall receive not less than $50,000 for each fiscal year. ``(E) Use of funds.--Of the amount of funds a State agency receives under subparagraphs (A) through (D) for a fiscal year, not less than 80 percent of the funds shall be used by the State agency during the fiscal year to serve food stamp recipients who-- ``(i) are not eligible for an exception under section 6(o)(3); and ``(ii) are placed in and comply with a program described in subparagraph (B) or (C) of section 6(o)(2). ``(F) Maintenance of effort.--To receive an allocation of an additional amount made available under subclause (II) of each of clauses (iii) through (vii) of subparagraph (A), a State agency shall maintain the expenditures of the State agency for employment and training programs and workfare programs for any fiscal year under paragraph (2), and administrative expenses described in section 20(g)(1), at a level that is not less than the level of the expenditures by the State agency to carry out the programs and such expenses for fiscal year 1996. ``(G) Component costs.--The Secretary shall monitor State agencies' expenditure of funds for employment and training programs provided under this paragraph, including the costs of individual components of State agencies' programs. The Secretary may determine the reimbursable costs of employment and training components, and, if the Secretary makes such a determination, the Secretary shall determine that the amounts spent or planned to be spent on the components reflect the reasonable cost of efficiently and economically providing components appropriate to recipient employment and training needs, taking into account, as the Secretary deems appropriate, prior expenditures on the components, the variability of costs among State agencies' components, the characteristics of the recipients to be served, and such other factors as the Secretary considers necessary.''. (b) Report to Congress.--Not later than 30 months after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding whether the amounts made available under section 16(h)(1)(A) of the Food Stamp Act of 1977 (as a result of the amendment made by subsection (a)) have been used by State agencies to increase the number of work slots for recipients subject to section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) in employment and training programs and workfare in the most efficient and effective manner practicable. SEC. 1003. DENIAL OF FOOD STAMPS FOR PRISONERS. (a) State Plans.-- (1) In General.--Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended by striking paragraph (20) and inserting the following: ``(20) that the State agency shall establish a system and take action on a periodic basis-- ``(A) to verify and otherwise ensure that an individual does not receive coupons in more than 1 jurisdiction within the State; and ``(B) to verify and otherwise ensure that an individual who is placed under detention in a Federal, State, or local penal, correctional, or other detention facility for more than 30 days shall not be eligible to participate in the food stamp program as a member of any household, except that-- ``(i) the Secretary may determine that extraordinary circumstances make it impracticable for the State agency to obtain information necessary to discontinue inclusion of the individual; and ``(ii) a State agency that obtains information collected under section 1611(e)(1)(I)(i)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) pursuant to section 1611(e)(1)(I)(ii)(II) of that Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)), or under another program determined by the Secretary to be comparable to the program carried out under that section, shall be considered in compliance with this subparagraph.''. (2) Limits on disclosure and use of information.--Section 11(e)(8)(E) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(E)) is amended by striking ``paragraph (16)'' and inserting ``paragraph (16) or (20)(B)''. (3) Effective Date.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (B) Extension.--The Secretary of Agriculture may grant a State an extension of time to comply with the amendments made by this subsection, not to exceed beyond the date that is 2 years after the date of enactment of this Act, if the chief executive officer of the State submits a request for the extension to the Secretary-- (i) stating the reasons why the State is not able to comply with the amendments made by this subsection by the date that is 1 year after the date of enactment of this Act; (ii) providing evidence that the State is making a good faith effort to comply with the amendments made by this subsection as soon as practicable; and (iii) detailing a plan to bring the State into compliance with the amendments made by this subsection as soon as practicable but not later than the date of the requested extension. (b) Information Sharing.--Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end the following: ``(q) Denial of Food Stamps for Prisoners.--The Secretary shall assist States, to the maximum extent practicable, in implementing a system to conduct computer matches or other systems to prevent prisoners described in section 11(e)(20)(B) from participating in the food stamp program as a member of any household.''. SEC. 1004. NUTRITION EDUCATION. Section 11(f) of the Food Stamp Act of 1977 (7 U.S.C. 2020(f)) is amended-- (1) by striking ``(f) To encourage'' and inserting the following: ``(f) Nutrition Education.-- ``(1) In general.--To encourage''; and (2) by adding at the end the following: ``(2) Grants.-- ``(A) In general.--The Secretary shall make available not more than $600,000 for each of fiscal years 1998 through 2001 to pay the Federal share of grants made to eligible private nonprofit organizations and State agencies to carry out subparagraph (B). ``(B) Eligibility.--A private nonprofit organization or State agency shall be eligible to receive a grant under subparagraph (A) if the organization or agency agrees-- ``(i) to use the funds to direct a collaborative effort to coordinate and integrate nutrition education into health, nutrition, social service, and food distribution programs for food stamp participants and other low-income households; and ``(ii) to design the collaborative effort to reach large numbers of food stamp participants and other low-income households through a network of organizations, including schools, child care centers, farmers' markets, health clinics, and outpatient education services. ``(C) Preference.--In deciding between 2 or more private nonprofit organizations or State agencies that are eligible to receive a grant under subparagraph (B), the Secretary shall give a preference to an organization or agency that conducted a collaborative effort described in subparagraph (B) and received funding for the collaborative effort from the Secretary before the date of enactment of this paragraph. ``(D) Federal share.-- ``(i) In general.--Subject to subparagraph (E), the Federal share of a grant under this paragraph shall be 50 percent. ``(ii) No in-kind contributions.--The non-Federal share of a grant under this paragraph shall be in cash. ``(iii) Private funds.--The non-Federal share of a grant under this paragraph may include amounts from private nongovernmental sources. ``(E) Limit on individual grant.--The Federal share of a grant under subparagraph (A) may not exceed $200,000 for a fiscal year.''. SEC. 1005. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this title. (b) Effective Date.--The amendments made by sections 1001 and 1002 take effect on October 1, 1997, without regard to whether regulations have been promulgated to implement the amendments made by such sections. TITLE II--HOUSING AND RELATED PROVISIONS SEC. 2001. TABLE OF CONTENTS. The table of contents for this title is as follows: TITLE II--HOUSING AND RELATED PROVISIONS Sec. 2001. Table of contents. Sec. 2002. Extension of foreclosure avoidance and borrower assistance provisions for FHA single family housing mortgage insurance program. Sec. 2003. Adjustment of maximum monthly rents for certain dwelling units in new construction and substantial or moderate rehabilitation projects assisted under section 8 rental assistance program. Sec. 2004. Adjustment of maximum monthly rents for non- turnover dwelling units assisted under section 8 rental assistance program. SEC. 2002. EXTENSION OF FORECLOSURE AVOIDANCE AND BORROWER ASSISTANCE PROVISIONS FOR FHA SINGLE FAMILY HOUSING MORTGAGE INSURANCE PROGRAM. Section 407 of The Balanced Budget Downpayment Act, I (12 U.S.C. 1710 note) is amended-- (1) in subsection (c)-- (A) by striking ``only''; and (B) by inserting ``, on, or after'' after ``before''; and [[Page H6031]] (2) by striking subsection (e). SEC. 2003. ADJUSTMENT OF MAXIMUM MONTHLY RENTS FOR CERTAIN DWELLING UNITS IN NEW CONSTRUCTION AND SUBSTANTIAL OR MODERATE REHABILITATION PROJECTS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM. The third sentence of section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amended by inserting before the period at the end the following: ``, and during fiscal year 1999 and thereafter''. SEC. 2004. ADJUSTMENT OF MAXIMUM MONTHLY RENTS FOR NON- TURNOVER DWELLING UNITS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM. The last sentence of section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amended by inserting before the period at the end the following: ``, and during fiscal year 1999 and thereafter''. TITLE III--COMMUNICATIONS AND SPECTRUM ALLOCATION PROVISIONS SEC. 3001. DEFINITIONS. (a) Common Terminology.--Except as otherwise provided in this title, the terms used in this title have the meanings provided in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by this section. (b) Additional Definitions.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (49) through (51) as paragraphs (50) through (52), respectively; and (2) by inserting after paragraph (48) the following new paragraph: ``(49) Television service.-- ``(A) Analog television service.--The term `analog television service' means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(a) of its regulations (47 C.F.R. 73.682(a)). ``(B) Digital television service.--The term `digital television service' means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(d) of its regulations (47 C.F.R. 73.682(d)).''. SEC. 3002. SPECTRUM AUCTIONS. (a) Extension and Expansion of Auction Authority.-- (1) In general.--Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (A) by striking paragraphs (1) and (2) and inserting in lieu thereof the following: ``(1) General authority.--If, consistent with the obligations described in paragraph (6)(E), mutually exclusive applications are accepted for any initial license or construction permit, then, except as provided in paragraph (2), the Commission shall grant the license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection. ``(2) Exemptions.--The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission-- ``(A) for public safety radio services, including private internal radio services used by State and local governments and non-government entities and including emergency road services provided by not-for-profit organizations, that-- ``(i) are used to protect the safety of life, health, or property; and ``(ii) are not made commercially available to the public; ``(B) for initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or ``(C) for stations described in section 397(6) of this Act.''; (B) in paragraph (3)-- (i) by inserting after the second sentence the following new sentence: ``The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round.''; (ii) by striking ``and'' at the end of subparagraph (C); (iii) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(E) ensure that, in the scheduling of any competitive bidding under this subsection, an adequate period is allowed-- ``(i) before issuance of bidding rules, to permit notice and comment on proposed auction procedures; and ``(ii) after issuance of bidding rules, to ensure that interested parties have a sufficient time to develop business plans, assess market conditions, and evaluate the availability of equipment for the relevant services.''; (C) in paragraph (4)-- (i) by striking ``and'' at the end of subparagraph (D); (ii) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(F) prescribe methods by which a reasonable reserve price will be required, or a minimum bid will be established, to obtain any license or permit being assigned pursuant to the competitive bidding, unless the Commission determines that such a reserve price or minimum bid is not in the public interest.''; (D) in paragraph (8)(B)-- (i) by striking the third sentence; and (ii) by adding at the end the following new sentence: ``No sums may be retained under this subparagraph during any fiscal year beginning after September 30, 1998, if the annual report of the Commission under section 4(k) for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.''; (E) in paragraph (11), by striking ``1998'' and inserting ``2007''; and (F) in paragraph (13)(F), by striking ``September 30, 1998'' and inserting ``the date of enactment of the Balanced Budget Act of 1997''. (2) Termination of Lottery Authority.--Section 309(i) of the Communications Act of 1934 (47 U.S.C. 309(i)) is amended-- (A) by striking paragraph (1) and inserting the following: ``(1) General authority.--Except as provided in paragraph (5), if there is more than one application for any initial license or construction permit, then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection.''; and (B) by adding at the end the following new paragraph: ``(5) Termination of authority.--(A) Except as provided in subparagraph (B), the Commission shall not issue any license or permit using a system of random selection under this subsection after July 1, 1997. ``(B) Subparagraph (A) of this paragraph shall not apply with respect to licenses or permits for stations described in section 397(6) of this Act.''. (3) Resolution of pending comparative licensing cases.-- Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is further amended by adding at the end the following new subsection: ``(l) Applicability of Competitive Bidding to Pending Comparative Licensing Cases.--With respect to competing applications for initial licenses or construction permits for commercial radio or television stations that were filed with the Commission before July 1, 1997, the Commission shall-- ``(1) have the authority to conduct a competitive bidding proceeding pursuant to subsection (j) to assign such license or permit; ``(2) treat the persons filing such applications as the only persons eligible to be qualified bidders for purposes of such proceeding; and ``(3) waive any provisions of its regulations necessary to permit such persons to enter an agreement to procure the removal of a conflict between their applications during the 180-day period beginning on the date of enactment of the Balanced Budget Act of 1997.''. (4) Conforming amendment.--Section 6002 of the Omnibus Budget Reconciliation Act of 1993 is amended by striking subsection (e). (5) Effective Date.--Except as otherwise provided therein, the amendments made by this subsection are effective on July 1, 1997. (b) Accelerated Availability for Auction of 1,710-1,755 Megahertz from Initial Reallocation Report.--The band of frequencies located at 1,710-1,755 megahertz identified in the initial reallocation report under section 113(a) of the National Telecommunications and Information Administration Act (47 U.S.C. 923(a)) shall, notwithstanding the timetable recommended under section 113(e) of such Act and section 115(b)(1) of such Act, be available in accordance with this subsection for assignment for commercial use. The Commission shall assign licenses for such use by competitive bidding commenced after January 1, 2001, pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). (c) Commission Obligation To Make Additional Spectrum Available by Auction.-- (1) In general.--The Commission shall complete all actions necessary to permit the assignment by September 30, 2002, by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), of licenses for the use of bands of frequencies that-- (A) in the aggregate span not less than 55 megahertz; (B) are located below 3 gigahertz; (C) have not, as of the date of enactment of this Act-- (i) been designated by Commission regulation for assignment pursuant to such section; (ii) been identified by the Secretary of Commerce pursuant to section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); (iii) been allocated for Federal Government use pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305); (iv) been designated for reallocation under section 337 of the Communications Act of 1934 (as added by this Act); or (v) been allocated or authorized for unlicensed use pursuant to part 15 of the Commission's regulations (47 C.F.R. Part 15), if the operation of services licensed pursuant to competitive bidding would interfere with operation of end-user products permitted under such regulations; (D) include frequencies at 2,110-2,150 megahertz; and (E) include 15 megahertz from within the bands of frequencies at 1,990-2,110 megahertz. (2) Criteria for Reassignment.--In making available bands of frequencies for competitive bidding pursuant to paragraph (1), the Commission shall-- (A) seek to promote the most efficient use of the electromagnetic spectrum; (B) consider the cost of relocating existing uses to other bands of frequencies or other means of communication; (C) consider the needs of existing public safety radio services (as such services are described in section 309(j)(2)(A) of the Communications Act of 1934, as amended by this Act); (D) comply with the requirements of international agreements concerning spectrum allocations; and [[Page H6032]] (E) coordinate with the Secretary of Commerce when there is any impact on Federal Government spectrum use. (3) Use of bands at 2,110-2,150 megahertz.--The Commission shall reallocate spectrum located at 2,110-2,150 megahertz for assignment by competitive bidding unless the Commission determines that auction of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce greater receipts. If the Commission makes such a determination, then the Commission shall, within 2 years after the date of enactment of this Act, identify an alternative 40 megahertz, and report to the Congress an identification of such alternative 40 megahertz for assignment by competitive bidding. (4) Use of 15 megahertz from bands at 1,990-2,110 megahertz.--The Commission shall reallocate 15 megahertz from spectrum located at 1,990-2,110 megahertz for assignment by competitive bidding unless the President determines such spectrum cannot be reallocated due to the need to protect incumbent Federal systems from interference, and that allocation of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce comparable receipts. If the President makes such a determination, then the President shall, within 2 years after the date of enactment of this Act, identify alternative bands of frequencies totalling 15 megahertz, and report to the Congress an identification of such alternative bands for assignment by competitive bidding. (5) Notification to the Secretary of Commerce.--The Commission shall attempt to accommodate incumbent licensees displaced under this section by relocating them to other frequencies available for allocation by the Commission. The Commission shall notify the Secretary of Commerce whenever the Commission is not able to provide for the effective relocation of an incumbent licensee to a band of frequencies available to the Commission for assignment. The notification shall include-- (A) specific information on the incumbent licensee; (B) the bands the Commission considered for relocation of the licensee; (C) the reasons the licensee cannot be accommodated in such bands; and (D) the bands of frequencies identified by the Commission that are-- (i) suitable for the relocation of such licensee; and (ii) allocated for Federal Government use, but that could be reallocated pursuant to part B of the National Telecommunications and Information Administration Organization Act (as amended by this Act). (d) Identification and Reallocation of Frequencies.-- (1) In general.--Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended by adding at the end thereof the following: ``(f) Additional Reallocation Report.--If the Secretary receives a notice from the Commission pursuant to section 3002(c)(5) of the Balanced Budget Act of 1997, the Secretary shall prepare and submit to the President, the Commission, and the Congress a report recommending for reallocation for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), bands of frequencies that are suitable for the licensees identified in the Commission's notice. The Commission shall, not later than one year after receipt of such report, prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment of such frequencies under the 1934 Act to incumbent licensees described in the Commission's notice. ``(g) Relocation of Federal Government Stations.-- ``(1) In general.--In order to expedite the commercial use of the electromagnetic spectrum and notwithstanding section 3302(b) of title 31, United States Code, any Federal entity which operates a Federal Government station may accept from any person payment of the expenses of relocating the Federal entity's operations from one or more frequencies to another frequency or frequencies, including the costs of any modification, replacement, or reissuance of equipment, facilities, operating manuals, or regulations incurred by that entity. Such payments may be in advance of relocation and may be in cash or in kind. Any such payment in cash shall be deposited in the account of such Federal entity in the Treasury of the United States or in a separate account authorized by law. Funds deposited according to this paragraph shall be available, without appropriation or fiscal year limitation, only for such expenses of the Federal entity for which such funds were deposited under this paragraph. ``(2) Process for relocation.--Any person seeking to relocate a Federal Government station that has been assigned a frequency within a band that has been allocated for mixed Federal and non-Federal use, or that has been scheduled for reallocation to non-Federal use, may submit a petition for such relocation to NTIA. The NTIA shall limit or terminate the Federal Government station's operating license within 6 months after receiving the petition if the following requirements are met: ``(A) the person seeking relocation of the Federal Government station has guaranteed to pay all relocation costs incurred by the Federal entity, including all engineering, equipment, site acquisition and construction, and regulatory fee costs; ``(B) all activities necessary for implementing the relocation have been completed, including construction of replacement facilities (if necessary and appropriate) and identifying and obtaining new frequencies for use by the relocated Federal Government station (where such station is not relocating to spectrum reserved exclusively for Federal use); ``(C) any necessary replacement facilities, equipment modifications, or other changes have been implemented and tested to ensure that the Federal Government station is able to successfully accomplish its purposes; and ``(D) NTIA has determined that the proposed use of the spectrum frequency band to which the Federal entity will relocate its operations is-- ``(i) consistent with obligations undertaken by the United States in international agreements and with United States national security and public safety interests; and ``(ii) suitable for the technical characteristics of the band and consistent with other uses of the band. In exercising its authority under clause (i) of this subparagraph, NTIA shall consult with the Secretary of Defense, the Secretary of State, or other appropriate officers of the Federal Government. ``(3) Right to reclaim.--If within one year after the relocation the Federal entity demonstrates to the Commission that the new facilities or spectrum are not comparable to the facilities or spectrum from which the Federal Government station was relocated, the person who filed the petition under paragraph (2) for such relocation shall take reasonable steps to remedy any defects or pay the Federal entity for the expenses incurred in returning the Federal Government station to the spectrum from which such station was relocated. ``(h) Federal Action To Expedite Spectrum Transfer.--Any Federal Government station which operates on electromagnetic spectrum that has been identified in any reallocation report under this section shall, to the maximum extent practicable through the use of the authority granted under subsection (g) and any other applicable provision of law, take action to relocate its spectrum use to other frequencies that are reserved for Federal use or to consolidate its spectrum use with other Federal Government stations in a manner that maximizes the spectrum available for non-Federal use. ``(i) Definition.--For purposes of this section, the term `Federal entity' means any department, agency, or other instrumentality of the Federal Government that utilizes a Government station license obtained under section 305 of the 1934 Act (47 U.S.C. 305).''. (2) Section 114(a) of such Act (47 U.S.C. 924(a)) is amended-- (A) in paragraph (1), by striking ``(a) or (d)(1)'' and inserting ``(a), (d)(1), or (f)''; and (B) in paragraph (2), by striking ``either'' and inserting ``any''. (e) Identification and Reallocation of Auctionable Frequencies.-- (1) Second report required.--Section 113(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(a)) is amended by inserting ``and within 6 months after the date of enactment of the Balanced Budget Act of 1997'' after ``Act of 1993''. (2) In general.--Section 113(b) of such Act (47 U.S.C. 923(b)) is amended-- (A) by striking the caption of paragraph (1) and inserting ``Initial reallocation report.--''; (B) by inserting ``in the initial report required by subsection (a)'' after ``recommend for reallocation'' in paragraph (1); (C) by inserting ``or (3)'' after ``paragraph (1)'' each place it appears in paragraph (2); and (D) by adding at the end thereof the following: ``(3) Second reallocation report.--In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the second report required by subsection (a), for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), a band or bands of frequencies that-- ``(A) in the aggregate span not less than 20 megahertz; ``(B) are located below 3 gigahertz; and ``(C) meet the criteria specified in paragraphs (1) through (5) of subsection (a).''. (3) Conforming amendment.--Section 113(d) of such Act (47 U.S.C. 923(d)) is amended by striking ``final report'' and inserting ``initial report''. (4) Allocation and assignment.--Section 115 of such Act (47 U.S.C. 925) is amended-- (A) by striking ``the report required by section 113(a)'' in subsection (b) and inserting ``the initial reallocation report required by section 113(a)''; and (B) by adding at the end thereof the following: ``(c) Allocation and Assignment of Frequencies Identified in the Second Reallocation Report.-- ``(1) Plan and implementation.--With respect to the frequencies made available for reallocation pursuant to section 113(b)(3), the Commission shall, not later than one year after receipt of the second reallocation report required by section 113(a), prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment under the 1934 Act of all such frequencies in accordance with section 309(j) of such Act. ``(2) Contents.--The plan prepared by the Commission under paragraph (1) shall consist of a schedule of allocation and assignment of those frequencies in accordance with section 309(j) of the 1934 Act in time for the assignment of those licenses or permits by September 30, 2002.''. SEC. 3003. AUCTION OF RECAPTURED BROADCAST TELEVISION SPECTRUM. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph: ``(14) Auction of recaptured broadcast television spectrum.-- ``(A) Limitations on terms of terrestrial television broadcast licenses.--A television [[Page H6033]] broadcast license that authorizes analog television service may not be renewed to authorize such service for a period that extends beyond December 31, 2006. ``(B) Extension.--The Commission shall extend the date described in subparagraph (A) for any station that requests such extension in any television market if the Commission finds that-- ``(i) one or more of the stations in such market that are licensed to or affiliated with one of the four largest national television networks are not broadcasting a digital television service signal, and the Commission finds that each such station has exercised due diligence and satisfies the conditions for an extension of the Commission's applicable construction deadlines for digital television service in that market; ``(ii) digital-to-analog converter technology is not generally available in such market; or ``(iii) in any market in which an extension is not available under clause (i) or (ii), 15 percent or more of the television households in such market-- ``(I) do not subscribe to a multichannel video programming distributor (as defined in section 602) that carries one of the digital television service programming channels of each of the television stations broadcasting such a channel in such market; and ``(II) do not have either-- ``(a) at least one television receiver capable of receiving the digital television service signals of the television stations licensed in such market; or ``(b) at least one television receiver of analog television service signals equipped with digital-to-analog converter technology capable of receiving the digital television service signals of the television stations licensed in such market. ``(C) Spectrum reversion and resale.-- ``(i) The Commission shall-- ``(I) ensure that, as licenses for analog television service expire pursuant to subparagraph (A) or (B), each licensee shall cease using electromagnetic spectrum assigned to such service according to the Commission's direction; and ``(II) reclaim and organize the electromagnetic spectrum in a manner consistent with the objectives described in paragraph (3) of this subsection. ``(ii) Licensees for new services occupying spectrum reclaimed pursuant to clause (i) shall be assigned in accordance with this subsection. The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by September 30, 2002. ``(D) Certain limitations on qualified bidders prohibited.--In prescribing any regulations relating to the qualification of bidders for spectrum reclaimed pursuant to subparagraph (C)(i), the Commission, for any license that may be used for any digital television service where the grade A contour of the station is projected to encompass the entirety of a city with a population in excess of 400,000 (as determined using the 1990 decennial census), shall not-- ``(i) preclude any party from being a qualified bidder for such spectrum on the basis of-- ``(I) the Commission's duopoly rule (47 C.F.R. 73.3555(b)); or ``(II) the Commission's newspaper cross-ownership rule (47 C.F.R. 73.3555(d)); or ``(ii) apply either such rule to preclude such a party that is a winning bidder in a competitive bidding for such spectrum from using such spectrum for digital television service.''. SEC. 3004. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. Title III of the Communications Act of 1934 is amended by inserting after section 336 (47 U.S.C. 336) the following new section: ``SEC. 337. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. ``(a) In General.--Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows: ``(1) 24 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and ``(2) 36 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to section 309(j). ``(b) Assignment.--The Commission shall-- ``(1) commence assignment of the licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998; and ``(2) commence competitive bidding for the commercial licenses created pursuant to subsection (a) after January 1, 2001. ``(c) Licensing of Unused Frequencies for Public Safety Services.-- ``(1) Use of unused channels for public safety services.-- Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this Act or its regulations implementing this Act (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that-- ``(A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use; ``(B) the requested use is technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission's regulations; ``(C) the use of the unassigned frequency for the provision of public safety services is consistent with other allocations for the provision of such services in the geographic area for which the application is made; ``(D) the unassigned frequency was allocated for its present use not less than 2 years prior to the date on which the application is granted; and ``(E) granting such application is consistent with the public interest. ``(2) Applicability.--Paragraph (1) shall apply to any application to provide public safety services that is pending or filed on or after the date of enactment of the Balanced Budget Act of 1997. ``(d) Conditions on Licenses.--In establishing service rules with respect to licenses granted pursuant to this section, the Commission-- ``(1) shall establish interference limits at the boundaries of the spectrum block and service area; ``(2) shall establish any additional technical restrictions necessary to protect full-service analog television service and digital television service during a transition to digital television service; ``(3) may permit public safety services licensees and commercial licensees-- ``(A) to aggregate multiple licenses to create larger spectrum blocks and service areas; and ``(B) to disaggregate or partition licenses to create smaller spectrum blocks or service areas; and ``(4) shall establish rules insuring that public safety services licensees using spectrum reallocated pursuant to subsection (a)(1) shall not be subject to harmful interference from television broadcast licensees. ``(e) Removal and Relocation of Incumbent Broadcast Licensees.-- ``(1) Channels 60 to 69.--Any person who holds a television broadcast license to operate between 746 and 806 megahertz may not operate at that frequency after the date on which the digital television service transition period terminates, as determined by the Commission. ``(2) Incumbent qualifying low-power stations.--After making any allocation or assignment under this section, the Commission shall seek to assure, consistent with the Commission's plan for allotments for digital television service, that each qualifying low-power television station is assigned a frequency below 746 megahertz to permit the continued operation of such station. ``(f) Definitions.--For purposes of this section: ``(1) Public safety services.--The term `public safety services' means services-- ``(A) the sole or principal purpose of which is to protect the safety of life, health, or property; ``(B) that are provided-- ``(i) by State or local government entities; or ``(ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and ``(C) that are not made commercially available to the public by the provider. ``(2) Qualifying low-power television stations.--A station is a qualifying low-power television station if, during the 90 days preceding the date of enactment of the Balanced Budget Act of 1997-- ``(A) such station broadcast a minimum of 18 hours per day; ``(B) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station; and ``(C) such station was in compliance with the requirements applicable to low-power television stations.''. SEC. 3005. FLEXIBLE USE OF ELECTROMAGNETIC SPECTRUM. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following: ``(y) Have authority to allocate electromagnetic spectrum so as to provide flexibility of use, if-- ``(1) such use is consistent with international agreements to which the United States is a party; and ``(2) the Commission finds, after notice and an opportunity for public comment, that-- ``(A) such an allocation would be in the public interest; ``(B) such use would not deter investment in communications services and systems, or technology development; and ``(C) such use would not result in harmful interference among users.''. SEC. 3006. UNIVERSAL SERVICE FUND PAYMENT SCHEDULE. (a) Appropriations to the Universal Service Fund.-- (1) Appropriation.--There is hereby appropriated to the Commission $3,000,000,000 in fiscal year 2001, which shall be disbursed on October 1, 2000, to the Administrator of the Federal universal service support programs established pursuant to section 254 of the Communications Act of 1934 (47 U.S.C. 254), and which may be expended by the Administrator in support of such programs as provided pursuant to the rules implementing that section. (2) Return to treasury.--The Administrator shall transfer $3,000,000,000 from the funds collected for such support programs to the General Fund of the Treasury on October 1, 2001. (b) Fee Adjustments.--The Commission shall direct the Administrator to adjust payments by telecommunications carriers and other providers of interstate telecommunications so that the $3,000,000,000 of the total payments by such carriers or providers to the Administrator for fiscal year 2001 shall be deferred until October 1, 2001. (c) Preservation of Authority.--Nothing in this section shall affect the Administrator's authority to determine the amounts that should be expended for universal service support programs pursuant to section 254 of the Communications Act of 1934 and the rules implementing that section. [[Page H6034]] (d) Definition.--For purposes of this section, the term ``Administrator'' means the Administrator designated by the Federal Communications Commission to administer Federal universal service support programs pursuant to section 254 of the Communications Act of 1934. SEC. 3007. DEADLINE FOR COLLECTION. The Commission shall conduct the competitive bidding required under this title or the amendments made by this title in a manner that ensures that all proceeds of such bidding are deposited in accordance with section 309(j)(8) of the Communications Act of 1934 not later than September 30, 2002. SEC. 3008. ADMINISTRATIVE PROCEDURES FOR SPECTRUM AUCTIONS. Notwithstanding section 309(b) of the Communications Act of 1934 (47 U.S.C. 309(b)), no application for an instrument of authorization for frequencies assigned under this title (or amendments made by this title) shall be granted by the Commission earlier than 7 days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereto. Notwithstanding section 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission may specify a period (no less than 5 days following issuance of such public notice) for the filing of petitions to deny any application for an instrument of authorization for such frequencies. TITLE IV--MEDICARE, MEDICAID, AND CHILDREN'S HEALTH PROVISIONS SEC. 4000. AMENDMENTS TO SOCIAL SECURITY ACT AND REFERENCES TO OBRA; TABLE OF CONTENTS OF TITLE. (a) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this title an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (b) References to OBRA.--In this title, the terms ``OBRA- 1986'', ``OBRA-1987'', ``OBRA-1989'', OBRA-1990'', and ``OBRA-1993'' refer to the Omnibus Budget Reconciliation Act of 1986 (Public Law 99-509), the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203), the Omnibus Budget Reconciliation Act of 1989 (Public Law 101-239), the Omnibus Budget Reconciliation Act of 1990 (Public Law 101- 508), and the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66), respectively. (c) Table of Contents of Title.--The table of contents of this title is as follows: Sec. 4000. Amendments to Social Security Act and references to OBRA; table of contents of title. Subtitle A--Medicare+Choice Program Chapter 1--Medicare+Choice Program Subchapter A--Medicare+Choice Program Sec. 4001. Establishment of Medicare+Choice Program. ``Part C--Medicare+Choice Program ``Sec. 1851. Eligibility, election, and enrollment. ``Sec. 1852. Benefits and beneficiary protections. ``Sec. 1853. Payments to Medicare+Choice organizations. ``Sec. 1854. Premiums. ``Sec. 1855. Organizational and financial requirements for Medicare+Choice organizations; provider-sponsored organizations. ``Sec. 1856. Establishment of standards. ``Sec. 1857. Contracts with Medicare+Choice organizations. ``Sec. 1859. Definitions; miscellaneous provisions. Sec. 4002. Transitional rules for current medicare HMO program. Sec. 4003. Conforming changes in medigap program. Subchapter B--Special Rules for Medicare+Choice Medical Savings Accounts Sec. 4006. Medicare+Choice MSA. Chapter 2--Demonstrations Subchapter A--Medicare+Choice Competitive Pricing Demonstration Project ``Sec. 4011. Medicare prepaid competitive pricing demonstration project. ``Sec. 4012. Administration through the Office of Competition; advisory committee. ``Sec. 4013. Project design based on FEHBP competitive bidding model. Subchapter B--Social Health Maintenance Organizations ``Sec. 4014. Social health maintenance organizations (SHMOs.) Subchapter C--Medicare Subdivision Demonstration Project for Military Retirees ``Sec. 4015. Medicare subvention demonstration project for military retirees. Subchapter D--Other Projects ``Sec. 4016. Medicare coordinated care demonstration project. ``Sec. 4017. Orderly transition of municipal health service demonstration projects. ``Sec. 4018. Medicare enrollment demonstration project. ``Sec. 4019. Extension of certain medicare community nursing organization demonstration projects. Chapter 3--Commissions ``Sec. 4021. National Bipartisan Commission on the Future of Medicare. ``Sec. 4022. Medicare Payment Advisory Commission. Chapter 4--Medigap Protections ``Sec. 4031. Medigap protections. ``Sec. 4032. Addition of high deductible medigap policies. Chapter 5--Tax Treatment of Hospitals Participating in Provider- Sponsored Organizations ``Sec. 4041. Tax treatment of hospitals which participate in provider- sponsored organizations. Subtitle B--Prevention Initiatives ``Sec. 4101. Screening mammography. ``Sec. 4102. Screening pap smear and pelvic exams. ``Sec. 4103. Prostate cancer screening tests. ``Sec. 4104. Coverage of colorectal screening. ``Sec. 4105. Diabetes self-management benefits. ``Sec. 4106. Standardization of medicare coverage of bone mass measurements. ``Sec. 4107. Vaccines outreach expansion. ``Sec. 4108. Study on preventive and enhanced benefits. Subtitle C--Rural Initiatives ``Sec. 4201. Medicare rural hospital flexibility program. ``Sec. 4202. Prohibiting denial of request by rural referral centers for reclassification on basis of comparability of wages. ``Sec. 4203. Hospital geographic reclassification permitted for purposes of disproportionate share payment adjustments. ``Sec. 4204. Medicare-dependent, small rural hospital payment extension. Sec. 4205. Rural health clinic services. Sec. 4206. Medicare reimbursement for telehealth services. Sec. 4207. Informatics, telemedicine, and education demonstration project. Subtitle D--Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity Chapter 1--Revisions To Sanctions for Fraud and Abuse Sec. 4301. Permanent exclusion for those convicted of 3 health care related crimes. Sec. 4302. Authority to refuse to enter into medicare agreements with individuals or entities convicted of felonies. Sec. 4303. Exclusion of entity controlled by family member of a sanctioned individual. Sec. 4304. Imposition of civil money penalties. Chapter 2--Improvements In Protecting Program Integrity Sec. 4311. Improving information to medicare benefic

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CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997
(House of Representatives - July 29, 1997)

Text of this article available as: TXT PDF [Pages H6029-H6298] CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997 Mr. HOBSON submitted the following conference report and statement of the bill (H.R. 2015) to provide for reconciliation pursuant to section 104(a) of the concurrent resolution on the budget for fiscal year 1998: Conference Report (H. Rept. 105-217) The committee of conference on the disagreeing votes of the two Houses on the amendment of the Senate to the bill (H.R. 2015), to provide for reconciliation pursuant to section 104(a) of the concurrent resolution on the budget for fiscal year 1998, having met, after full and free conference, have agreed to recommend and do recommend to their respective Houses as follows: That the House recede from its disagreement to the amendment of the Senate and agree to the same with an amendment as follows: In lieu of the matter proposed to be inserted by the Senate amendment, insert the following: SECTION 1. SHORT TITLE. This Act may be cited as the ``Balanced Budget Act of 1997''. SEC. 2. TABLE OF TITLES. This Act is organized into titles as follows: Title I--Food Stamp Provisions Title II--Housing and Related Provisions Title III--Communications and Spectrum Allocation Provisions Title IV--Medicare, Medicaid, and Children's Health Provisions Title V--Welfare and Related Provisions Title VI--Education and Related Provisions Title VII--Civil Service Retirement and Related Provisions Title VIII--Veterans and Related Provisions Title IX--Asset Sales, User Fees, and Miscellaneous Provisions Title X--Budget Enforcement and Process Provisions Title XI--District of Columbia Revitalization TITLE I--FOOD STAMP PROVISIONS SEC. 1001. EXEMPTION. Section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) is amended-- (1) in paragraph (2)(D), by striking ``or (5)'' and inserting ``(5), or (6)''; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following: ``(6) 15-percent exemption.-- ``(A) Definitions.--In this paragraph: ``(i) Caseload.--The term `caseload' means the average monthly number of individuals receiving food stamps during the 12-month period ending the preceding June 30. ``(ii) Covered individual.--The term `covered individual' means a food stamp recipient, or an individual denied eligibility for food stamp benefits solely due to paragraph (2), who-- ``(I) is not eligible for an exception under paragraph (3); ``(II) does not reside in an area covered by a waiver granted under paragraph (4); ``(III) is not complying with subparagraph (A), (B), or (C) of paragraph (2); ``(IV) is not receiving food stamp benefits during the 3 months of eligibility provided under paragraph (2); and ``(V) is not receiving food stamp benefits under paragraph (5). ``(B) General rule.--Subject to subparagraphs (C) through (G), a State agency may provide an exemption from the requirements of paragraph (2) for covered individuals. ``(C) Fiscal year 1998.--Subject to subparagraphs (E) and (G), for fiscal year 1998, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State in fiscal year 1998, as estimated by the Secretary, based on the survey conducted to carry out section 16(c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. ``(D) Subsequent fiscal years.--Subject to subparagraphs (E) through (G), for fiscal year 1999 and each subsequent fiscal year, a State agency may provide a number of exemptions such that the average monthly number of the exemptions in effect during the fiscal year does not exceed 15 percent of the number of covered individuals in the State, as estimated by the Secretary under subparagraph (C), adjusted by the Secretary to reflect changes in the State's caseload and the Secretary's estimate of changes in the proportion of food stamp recipients covered by waivers granted under paragraph (4). ``(E) Caseload adjustments.--The Secretary shall adjust the number of individuals estimated for a State under subparagraph (C) or (D) during a fiscal year if the number of food stamp recipients in the State varies from the State's caseload by more than 10 percent, as determined by the Secretary. ``(F) Exemption adjustments.--During fiscal year 1999 and each subsequent fiscal year, the Secretary shall increase or decrease the number of individuals who may be granted an exemption by a State agency under this paragraph to the extent that the average monthly number of exemptions in effect in the State for the preceding fiscal year under this paragraph is lesser or greater than the average monthly number of exemptions estimated for the State agency for such preceding fiscal year under this paragraph. ``(G) Reporting requirement.--A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph.''. SEC. 1002. ADDITIONAL FUNDING FOR EMPLOYMENT AND TRAINING. (a) In General.--Section 16(h) of the Food Stamp Act of 1977 (7 U.S.C. 2025(h)) is amended by striking paragraph (1) and inserting the following: ``(1) In general.-- ``(A) Amounts.--To carry out employment and training programs, the Secretary shall reserve for allocation to State agencies, to remain available until expended, from funds made available for each fiscal year under section 18(a)(1) the amount of-- ``(i) for fiscal year 1996, $75,000,000; ``(ii) for fiscal year 1997, $79,000,000; ``(iii) for fiscal year 1998-- ``(I) $81,000,000; and ``(II) an additional amount of $131,000,000; ``(iv) for fiscal year 1999-- ``(I) $84,000,000; and ``(II) an additional amount of $131,000,000; ``(v) for fiscal year 2000-- ``(I) $86,000,000; and ``(II) an additional amount of $131,000,000; ``(vi) for fiscal year 2001-- ``(I) $88,000,000; and ``(II) an additional amount of $131,000,000; and ``(vii) for fiscal year 2002-- ``(I) $90,000,000; and ``(II) an additional amount of $75,000,000. ``(B) Allocation.-- ``(i) Allocation formula.--The Secretary shall allocate the amounts reserved under subparagraph (A) among the State agencies using a reasonable formula, as determined and adjusted by the Secretary each fiscal year, to reflect-- ``(I) changes in each State's caseload (as defined in section 6(o)(6)(A)); ``(II) for fiscal year 1998, the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3); and [[Page H6030]] ``(III) for each of fiscal years 1999 through 2002, the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3) and who-- ``(aa) do not reside in an area subject to a waiver granted by the Secretary under section 6(o)(4); or ``(bb) do reside in an area subject to a waiver granted by the Secretary under section 6(o)(4), if the State agency provides employment and training services in the area to food stamp recipients who are not eligible for an exception under section 6(o)(3). ``(ii) Estimated factors.--The Secretary shall estimate the portion of food stamp recipients who reside in each State who are not eligible for an exception under section 6(o)(3) based on the survey conducted to carry out subsection (c) for fiscal year 1996 and such other factors as the Secretary considers appropriate due to the timing and limitations of the survey. ``(iii) Reporting requirement.--A State agency shall submit such reports to the Secretary as the Secretary determines are necessary to ensure compliance with this paragraph. ``(C) Reallocation.--If a State agency will not expend all of the funds allocated to the State agency for a fiscal year under subparagraph (B), the Secretary shall reallocate the unexpended funds to other States (during the fiscal year or the subsequent fiscal year) as the Secretary considers appropriate and equitable. ``(D) Minimum allocation.--Notwithstanding subparagraph (B), the Secretary shall ensure that each State agency operating an employment and training program shall receive not less than $50,000 for each fiscal year. ``(E) Use of funds.--Of the amount of funds a State agency receives under subparagraphs (A) through (D) for a fiscal year, not less than 80 percent of the funds shall be used by the State agency during the fiscal year to serve food stamp recipients who-- ``(i) are not eligible for an exception under section 6(o)(3); and ``(ii) are placed in and comply with a program described in subparagraph (B) or (C) of section 6(o)(2). ``(F) Maintenance of effort.--To receive an allocation of an additional amount made available under subclause (II) of each of clauses (iii) through (vii) of subparagraph (A), a State agency shall maintain the expenditures of the State agency for employment and training programs and workfare programs for any fiscal year under paragraph (2), and administrative expenses described in section 20(g)(1), at a level that is not less than the level of the expenditures by the State agency to carry out the programs and such expenses for fiscal year 1996. ``(G) Component costs.--The Secretary shall monitor State agencies' expenditure of funds for employment and training programs provided under this paragraph, including the costs of individual components of State agencies' programs. The Secretary may determine the reimbursable costs of employment and training components, and, if the Secretary makes such a determination, the Secretary shall determine that the amounts spent or planned to be spent on the components reflect the reasonable cost of efficiently and economically providing components appropriate to recipient employment and training needs, taking into account, as the Secretary deems appropriate, prior expenditures on the components, the variability of costs among State agencies' components, the characteristics of the recipients to be served, and such other factors as the Secretary considers necessary.''. (b) Report to Congress.--Not later than 30 months after the date of enactment of this Act, the Secretary of Agriculture shall submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report regarding whether the amounts made available under section 16(h)(1)(A) of the Food Stamp Act of 1977 (as a result of the amendment made by subsection (a)) have been used by State agencies to increase the number of work slots for recipients subject to section 6(o) of the Food Stamp Act of 1977 (7 U.S.C. 2015(o)) in employment and training programs and workfare in the most efficient and effective manner practicable. SEC. 1003. DENIAL OF FOOD STAMPS FOR PRISONERS. (a) State Plans.-- (1) In General.--Section 11(e) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)) is amended by striking paragraph (20) and inserting the following: ``(20) that the State agency shall establish a system and take action on a periodic basis-- ``(A) to verify and otherwise ensure that an individual does not receive coupons in more than 1 jurisdiction within the State; and ``(B) to verify and otherwise ensure that an individual who is placed under detention in a Federal, State, or local penal, correctional, or other detention facility for more than 30 days shall not be eligible to participate in the food stamp program as a member of any household, except that-- ``(i) the Secretary may determine that extraordinary circumstances make it impracticable for the State agency to obtain information necessary to discontinue inclusion of the individual; and ``(ii) a State agency that obtains information collected under section 1611(e)(1)(I)(i)(I) of the Social Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I)) pursuant to section 1611(e)(1)(I)(ii)(II) of that Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)), or under another program determined by the Secretary to be comparable to the program carried out under that section, shall be considered in compliance with this subparagraph.''. (2) Limits on disclosure and use of information.--Section 11(e)(8)(E) of the Food Stamp Act of 1977 (7 U.S.C. 2020(e)(8)(E)) is amended by striking ``paragraph (16)'' and inserting ``paragraph (16) or (20)(B)''. (3) Effective Date.-- (A) In general.--Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the date that is 1 year after the date of enactment of this Act. (B) Extension.--The Secretary of Agriculture may grant a State an extension of time to comply with the amendments made by this subsection, not to exceed beyond the date that is 2 years after the date of enactment of this Act, if the chief executive officer of the State submits a request for the extension to the Secretary-- (i) stating the reasons why the State is not able to comply with the amendments made by this subsection by the date that is 1 year after the date of enactment of this Act; (ii) providing evidence that the State is making a good faith effort to comply with the amendments made by this subsection as soon as practicable; and (iii) detailing a plan to bring the State into compliance with the amendments made by this subsection as soon as practicable but not later than the date of the requested extension. (b) Information Sharing.--Section 11 of the Food Stamp Act of 1977 (7 U.S.C. 2020) is amended by adding at the end the following: ``(q) Denial of Food Stamps for Prisoners.--The Secretary shall assist States, to the maximum extent practicable, in implementing a system to conduct computer matches or other systems to prevent prisoners described in section 11(e)(20)(B) from participating in the food stamp program as a member of any household.''. SEC. 1004. NUTRITION EDUCATION. Section 11(f) of the Food Stamp Act of 1977 (7 U.S.C. 2020(f)) is amended-- (1) by striking ``(f) To encourage'' and inserting the following: ``(f) Nutrition Education.-- ``(1) In general.--To encourage''; and (2) by adding at the end the following: ``(2) Grants.-- ``(A) In general.--The Secretary shall make available not more than $600,000 for each of fiscal years 1998 through 2001 to pay the Federal share of grants made to eligible private nonprofit organizations and State agencies to carry out subparagraph (B). ``(B) Eligibility.--A private nonprofit organization or State agency shall be eligible to receive a grant under subparagraph (A) if the organization or agency agrees-- ``(i) to use the funds to direct a collaborative effort to coordinate and integrate nutrition education into health, nutrition, social service, and food distribution programs for food stamp participants and other low-income households; and ``(ii) to design the collaborative effort to reach large numbers of food stamp participants and other low-income households through a network of organizations, including schools, child care centers, farmers' markets, health clinics, and outpatient education services. ``(C) Preference.--In deciding between 2 or more private nonprofit organizations or State agencies that are eligible to receive a grant under subparagraph (B), the Secretary shall give a preference to an organization or agency that conducted a collaborative effort described in subparagraph (B) and received funding for the collaborative effort from the Secretary before the date of enactment of this paragraph. ``(D) Federal share.-- ``(i) In general.--Subject to subparagraph (E), the Federal share of a grant under this paragraph shall be 50 percent. ``(ii) No in-kind contributions.--The non-Federal share of a grant under this paragraph shall be in cash. ``(iii) Private funds.--The non-Federal share of a grant under this paragraph may include amounts from private nongovernmental sources. ``(E) Limit on individual grant.--The Federal share of a grant under subparagraph (A) may not exceed $200,000 for a fiscal year.''. SEC. 1005. REGULATIONS; EFFECTIVE DATE. (a) Regulations.--Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall promulgate such regulations as are necessary to implement the amendments made by this title. (b) Effective Date.--The amendments made by sections 1001 and 1002 take effect on October 1, 1997, without regard to whether regulations have been promulgated to implement the amendments made by such sections. TITLE II--HOUSING AND RELATED PROVISIONS SEC. 2001. TABLE OF CONTENTS. The table of contents for this title is as follows: TITLE II--HOUSING AND RELATED PROVISIONS Sec. 2001. Table of contents. Sec. 2002. Extension of foreclosure avoidance and borrower assistance provisions for FHA single family housing mortgage insurance program. Sec. 2003. Adjustment of maximum monthly rents for certain dwelling units in new construction and substantial or moderate rehabilitation projects assisted under section 8 rental assistance program. Sec. 2004. Adjustment of maximum monthly rents for non- turnover dwelling units assisted under section 8 rental assistance program. SEC. 2002. EXTENSION OF FORECLOSURE AVOIDANCE AND BORROWER ASSISTANCE PROVISIONS FOR FHA SINGLE FAMILY HOUSING MORTGAGE INSURANCE PROGRAM. Section 407 of The Balanced Budget Downpayment Act, I (12 U.S.C. 1710 note) is amended-- (1) in subsection (c)-- (A) by striking ``only''; and (B) by inserting ``, on, or after'' after ``before''; and [[Page H6031]] (2) by striking subsection (e). SEC. 2003. ADJUSTMENT OF MAXIMUM MONTHLY RENTS FOR CERTAIN DWELLING UNITS IN NEW CONSTRUCTION AND SUBSTANTIAL OR MODERATE REHABILITATION PROJECTS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM. The third sentence of section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amended by inserting before the period at the end the following: ``, and during fiscal year 1999 and thereafter''. SEC. 2004. ADJUSTMENT OF MAXIMUM MONTHLY RENTS FOR NON- TURNOVER DWELLING UNITS ASSISTED UNDER SECTION 8 RENTAL ASSISTANCE PROGRAM. The last sentence of section 8(c)(2)(A) of the United States Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amended by inserting before the period at the end the following: ``, and during fiscal year 1999 and thereafter''. TITLE III--COMMUNICATIONS AND SPECTRUM ALLOCATION PROVISIONS SEC. 3001. DEFINITIONS. (a) Common Terminology.--Except as otherwise provided in this title, the terms used in this title have the meanings provided in section 3 of the Communications Act of 1934 (47 U.S.C. 153), as amended by this section. (b) Additional Definitions.--Section 3 of the Communications Act of 1934 (47 U.S.C. 153) is amended-- (1) by redesignating paragraphs (49) through (51) as paragraphs (50) through (52), respectively; and (2) by inserting after paragraph (48) the following new paragraph: ``(49) Television service.-- ``(A) Analog television service.--The term `analog television service' means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(a) of its regulations (47 C.F.R. 73.682(a)). ``(B) Digital television service.--The term `digital television service' means television service provided pursuant to the transmission standards prescribed by the Commission in section 73.682(d) of its regulations (47 C.F.R. 73.682(d)).''. SEC. 3002. SPECTRUM AUCTIONS. (a) Extension and Expansion of Auction Authority.-- (1) In general.--Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended-- (A) by striking paragraphs (1) and (2) and inserting in lieu thereof the following: ``(1) General authority.--If, consistent with the obligations described in paragraph (6)(E), mutually exclusive applications are accepted for any initial license or construction permit, then, except as provided in paragraph (2), the Commission shall grant the license or permit to a qualified applicant through a system of competitive bidding that meets the requirements of this subsection. ``(2) Exemptions.--The competitive bidding authority granted by this subsection shall not apply to licenses or construction permits issued by the Commission-- ``(A) for public safety radio services, including private internal radio services used by State and local governments and non-government entities and including emergency road services provided by not-for-profit organizations, that-- ``(i) are used to protect the safety of life, health, or property; and ``(ii) are not made commercially available to the public; ``(B) for initial licenses or construction permits for digital television service given to existing terrestrial broadcast licensees to replace their analog television service licenses; or ``(C) for stations described in section 397(6) of this Act.''; (B) in paragraph (3)-- (i) by inserting after the second sentence the following new sentence: ``The Commission shall, directly or by contract, provide for the design and conduct (for purposes of testing) of competitive bidding using a contingent combinatorial bidding system that permits prospective bidders to bid on combinations or groups of licenses in a single bid and to enter multiple alternative bids within a single bidding round.''; (ii) by striking ``and'' at the end of subparagraph (C); (iii) by striking the period at the end of subparagraph (D) and inserting ``; and''; and (iv) by adding at the end the following new subparagraph: ``(E) ensure that, in the scheduling of any competitive bidding under this subsection, an adequate period is allowed-- ``(i) before issuance of bidding rules, to permit notice and comment on proposed auction procedures; and ``(ii) after issuance of bidding rules, to ensure that interested parties have a sufficient time to develop business plans, assess market conditions, and evaluate the availability of equipment for the relevant services.''; (C) in paragraph (4)-- (i) by striking ``and'' at the end of subparagraph (D); (ii) by striking the period at the end of subparagraph (E) and inserting ``; and''; and (iii) by adding at the end the following new subparagraph: ``(F) prescribe methods by which a reasonable reserve price will be required, or a minimum bid will be established, to obtain any license or permit being assigned pursuant to the competitive bidding, unless the Commission determines that such a reserve price or minimum bid is not in the public interest.''; (D) in paragraph (8)(B)-- (i) by striking the third sentence; and (ii) by adding at the end the following new sentence: ``No sums may be retained under this subparagraph during any fiscal year beginning after September 30, 1998, if the annual report of the Commission under section 4(k) for the second preceding fiscal year fails to include in the itemized statement required by paragraph (3) of such section a statement of each expenditure made for purposes of conducting competitive bidding under this subsection during such second preceding fiscal year.''; (E) in paragraph (11), by striking ``1998'' and inserting ``2007''; and (F) in paragraph (13)(F), by striking ``September 30, 1998'' and inserting ``the date of enactment of the Balanced Budget Act of 1997''. (2) Termination of Lottery Authority.--Section 309(i) of the Communications Act of 1934 (47 U.S.C. 309(i)) is amended-- (A) by striking paragraph (1) and inserting the following: ``(1) General authority.--Except as provided in paragraph (5), if there is more than one application for any initial license or construction permit, then the Commission shall have the authority to grant such license or permit to a qualified applicant through the use of a system of random selection.''; and (B) by adding at the end the following new paragraph: ``(5) Termination of authority.--(A) Except as provided in subparagraph (B), the Commission shall not issue any license or permit using a system of random selection under this subsection after July 1, 1997. ``(B) Subparagraph (A) of this paragraph shall not apply with respect to licenses or permits for stations described in section 397(6) of this Act.''. (3) Resolution of pending comparative licensing cases.-- Section 309 of the Communications Act of 1934 (47 U.S.C. 309) is further amended by adding at the end the following new subsection: ``(l) Applicability of Competitive Bidding to Pending Comparative Licensing Cases.--With respect to competing applications for initial licenses or construction permits for commercial radio or television stations that were filed with the Commission before July 1, 1997, the Commission shall-- ``(1) have the authority to conduct a competitive bidding proceeding pursuant to subsection (j) to assign such license or permit; ``(2) treat the persons filing such applications as the only persons eligible to be qualified bidders for purposes of such proceeding; and ``(3) waive any provisions of its regulations necessary to permit such persons to enter an agreement to procure the removal of a conflict between their applications during the 180-day period beginning on the date of enactment of the Balanced Budget Act of 1997.''. (4) Conforming amendment.--Section 6002 of the Omnibus Budget Reconciliation Act of 1993 is amended by striking subsection (e). (5) Effective Date.--Except as otherwise provided therein, the amendments made by this subsection are effective on July 1, 1997. (b) Accelerated Availability for Auction of 1,710-1,755 Megahertz from Initial Reallocation Report.--The band of frequencies located at 1,710-1,755 megahertz identified in the initial reallocation report under section 113(a) of the National Telecommunications and Information Administration Act (47 U.S.C. 923(a)) shall, notwithstanding the timetable recommended under section 113(e) of such Act and section 115(b)(1) of such Act, be available in accordance with this subsection for assignment for commercial use. The Commission shall assign licenses for such use by competitive bidding commenced after January 1, 2001, pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)). (c) Commission Obligation To Make Additional Spectrum Available by Auction.-- (1) In general.--The Commission shall complete all actions necessary to permit the assignment by September 30, 2002, by competitive bidding pursuant to section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)), of licenses for the use of bands of frequencies that-- (A) in the aggregate span not less than 55 megahertz; (B) are located below 3 gigahertz; (C) have not, as of the date of enactment of this Act-- (i) been designated by Commission regulation for assignment pursuant to such section; (ii) been identified by the Secretary of Commerce pursuant to section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923); (iii) been allocated for Federal Government use pursuant to section 305 of the Communications Act of 1934 (47 U.S.C. 305); (iv) been designated for reallocation under section 337 of the Communications Act of 1934 (as added by this Act); or (v) been allocated or authorized for unlicensed use pursuant to part 15 of the Commission's regulations (47 C.F.R. Part 15), if the operation of services licensed pursuant to competitive bidding would interfere with operation of end-user products permitted under such regulations; (D) include frequencies at 2,110-2,150 megahertz; and (E) include 15 megahertz from within the bands of frequencies at 1,990-2,110 megahertz. (2) Criteria for Reassignment.--In making available bands of frequencies for competitive bidding pursuant to paragraph (1), the Commission shall-- (A) seek to promote the most efficient use of the electromagnetic spectrum; (B) consider the cost of relocating existing uses to other bands of frequencies or other means of communication; (C) consider the needs of existing public safety radio services (as such services are described in section 309(j)(2)(A) of the Communications Act of 1934, as amended by this Act); (D) comply with the requirements of international agreements concerning spectrum allocations; and [[Page H6032]] (E) coordinate with the Secretary of Commerce when there is any impact on Federal Government spectrum use. (3) Use of bands at 2,110-2,150 megahertz.--The Commission shall reallocate spectrum located at 2,110-2,150 megahertz for assignment by competitive bidding unless the Commission determines that auction of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce greater receipts. If the Commission makes such a determination, then the Commission shall, within 2 years after the date of enactment of this Act, identify an alternative 40 megahertz, and report to the Congress an identification of such alternative 40 megahertz for assignment by competitive bidding. (4) Use of 15 megahertz from bands at 1,990-2,110 megahertz.--The Commission shall reallocate 15 megahertz from spectrum located at 1,990-2,110 megahertz for assignment by competitive bidding unless the President determines such spectrum cannot be reallocated due to the need to protect incumbent Federal systems from interference, and that allocation of other spectrum (A) better serves the public interest, convenience, and necessity, and (B) can reasonably be expected to produce comparable receipts. If the President makes such a determination, then the President shall, within 2 years after the date of enactment of this Act, identify alternative bands of frequencies totalling 15 megahertz, and report to the Congress an identification of such alternative bands for assignment by competitive bidding. (5) Notification to the Secretary of Commerce.--The Commission shall attempt to accommodate incumbent licensees displaced under this section by relocating them to other frequencies available for allocation by the Commission. The Commission shall notify the Secretary of Commerce whenever the Commission is not able to provide for the effective relocation of an incumbent licensee to a band of frequencies available to the Commission for assignment. The notification shall include-- (A) specific information on the incumbent licensee; (B) the bands the Commission considered for relocation of the licensee; (C) the reasons the licensee cannot be accommodated in such bands; and (D) the bands of frequencies identified by the Commission that are-- (i) suitable for the relocation of such licensee; and (ii) allocated for Federal Government use, but that could be reallocated pursuant to part B of the National Telecommunications and Information Administration Organization Act (as amended by this Act). (d) Identification and Reallocation of Frequencies.-- (1) In general.--Section 113 of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923) is amended by adding at the end thereof the following: ``(f) Additional Reallocation Report.--If the Secretary receives a notice from the Commission pursuant to section 3002(c)(5) of the Balanced Budget Act of 1997, the Secretary shall prepare and submit to the President, the Commission, and the Congress a report recommending for reallocation for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), bands of frequencies that are suitable for the licensees identified in the Commission's notice. The Commission shall, not later than one year after receipt of such report, prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment of such frequencies under the 1934 Act to incumbent licensees described in the Commission's notice. ``(g) Relocation of Federal Government Stations.-- ``(1) In general.--In order to expedite the commercial use of the electromagnetic spectrum and notwithstanding section 3302(b) of title 31, United States Code, any Federal entity which operates a Federal Government station may accept from any person payment of the expenses of relocating the Federal entity's operations from one or more frequencies to another frequency or frequencies, including the costs of any modification, replacement, or reissuance of equipment, facilities, operating manuals, or regulations incurred by that entity. Such payments may be in advance of relocation and may be in cash or in kind. Any such payment in cash shall be deposited in the account of such Federal entity in the Treasury of the United States or in a separate account authorized by law. Funds deposited according to this paragraph shall be available, without appropriation or fiscal year limitation, only for such expenses of the Federal entity for which such funds were deposited under this paragraph. ``(2) Process for relocation.--Any person seeking to relocate a Federal Government station that has been assigned a frequency within a band that has been allocated for mixed Federal and non-Federal use, or that has been scheduled for reallocation to non-Federal use, may submit a petition for such relocation to NTIA. The NTIA shall limit or terminate the Federal Government station's operating license within 6 months after receiving the petition if the following requirements are met: ``(A) the person seeking relocation of the Federal Government station has guaranteed to pay all relocation costs incurred by the Federal entity, including all engineering, equipment, site acquisition and construction, and regulatory fee costs; ``(B) all activities necessary for implementing the relocation have been completed, including construction of replacement facilities (if necessary and appropriate) and identifying and obtaining new frequencies for use by the relocated Federal Government station (where such station is not relocating to spectrum reserved exclusively for Federal use); ``(C) any necessary replacement facilities, equipment modifications, or other changes have been implemented and tested to ensure that the Federal Government station is able to successfully accomplish its purposes; and ``(D) NTIA has determined that the proposed use of the spectrum frequency band to which the Federal entity will relocate its operations is-- ``(i) consistent with obligations undertaken by the United States in international agreements and with United States national security and public safety interests; and ``(ii) suitable for the technical characteristics of the band and consistent with other uses of the band. In exercising its authority under clause (i) of this subparagraph, NTIA shall consult with the Secretary of Defense, the Secretary of State, or other appropriate officers of the Federal Government. ``(3) Right to reclaim.--If within one year after the relocation the Federal entity demonstrates to the Commission that the new facilities or spectrum are not comparable to the facilities or spectrum from which the Federal Government station was relocated, the person who filed the petition under paragraph (2) for such relocation shall take reasonable steps to remedy any defects or pay the Federal entity for the expenses incurred in returning the Federal Government station to the spectrum from which such station was relocated. ``(h) Federal Action To Expedite Spectrum Transfer.--Any Federal Government station which operates on electromagnetic spectrum that has been identified in any reallocation report under this section shall, to the maximum extent practicable through the use of the authority granted under subsection (g) and any other applicable provision of law, take action to relocate its spectrum use to other frequencies that are reserved for Federal use or to consolidate its spectrum use with other Federal Government stations in a manner that maximizes the spectrum available for non-Federal use. ``(i) Definition.--For purposes of this section, the term `Federal entity' means any department, agency, or other instrumentality of the Federal Government that utilizes a Government station license obtained under section 305 of the 1934 Act (47 U.S.C. 305).''. (2) Section 114(a) of such Act (47 U.S.C. 924(a)) is amended-- (A) in paragraph (1), by striking ``(a) or (d)(1)'' and inserting ``(a), (d)(1), or (f)''; and (B) in paragraph (2), by striking ``either'' and inserting ``any''. (e) Identification and Reallocation of Auctionable Frequencies.-- (1) Second report required.--Section 113(a) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(a)) is amended by inserting ``and within 6 months after the date of enactment of the Balanced Budget Act of 1997'' after ``Act of 1993''. (2) In general.--Section 113(b) of such Act (47 U.S.C. 923(b)) is amended-- (A) by striking the caption of paragraph (1) and inserting ``Initial reallocation report.--''; (B) by inserting ``in the initial report required by subsection (a)'' after ``recommend for reallocation'' in paragraph (1); (C) by inserting ``or (3)'' after ``paragraph (1)'' each place it appears in paragraph (2); and (D) by adding at the end thereof the following: ``(3) Second reallocation report.--In accordance with the provisions of this section, the Secretary shall recommend for reallocation in the second report required by subsection (a), for use other than by Federal Government stations under section 305 of the 1934 Act (47 U.S.C. 305), a band or bands of frequencies that-- ``(A) in the aggregate span not less than 20 megahertz; ``(B) are located below 3 gigahertz; and ``(C) meet the criteria specified in paragraphs (1) through (5) of subsection (a).''. (3) Conforming amendment.--Section 113(d) of such Act (47 U.S.C. 923(d)) is amended by striking ``final report'' and inserting ``initial report''. (4) Allocation and assignment.--Section 115 of such Act (47 U.S.C. 925) is amended-- (A) by striking ``the report required by section 113(a)'' in subsection (b) and inserting ``the initial reallocation report required by section 113(a)''; and (B) by adding at the end thereof the following: ``(c) Allocation and Assignment of Frequencies Identified in the Second Reallocation Report.-- ``(1) Plan and implementation.--With respect to the frequencies made available for reallocation pursuant to section 113(b)(3), the Commission shall, not later than one year after receipt of the second reallocation report required by section 113(a), prepare, submit to the President and the Congress, and implement, a plan for the immediate allocation and assignment under the 1934 Act of all such frequencies in accordance with section 309(j) of such Act. ``(2) Contents.--The plan prepared by the Commission under paragraph (1) shall consist of a schedule of allocation and assignment of those frequencies in accordance with section 309(j) of the 1934 Act in time for the assignment of those licenses or permits by September 30, 2002.''. SEC. 3003. AUCTION OF RECAPTURED BROADCAST TELEVISION SPECTRUM. Section 309(j) of the Communications Act of 1934 (47 U.S.C. 309(j)) is amended by adding at the end the following new paragraph: ``(14) Auction of recaptured broadcast television spectrum.-- ``(A) Limitations on terms of terrestrial television broadcast licenses.--A television [[Page H6033]] broadcast license that authorizes analog television service may not be renewed to authorize such service for a period that extends beyond December 31, 2006. ``(B) Extension.--The Commission shall extend the date described in subparagraph (A) for any station that requests such extension in any television market if the Commission finds that-- ``(i) one or more of the stations in such market that are licensed to or affiliated with one of the four largest national television networks are not broadcasting a digital television service signal, and the Commission finds that each such station has exercised due diligence and satisfies the conditions for an extension of the Commission's applicable construction deadlines for digital television service in that market; ``(ii) digital-to-analog converter technology is not generally available in such market; or ``(iii) in any market in which an extension is not available under clause (i) or (ii), 15 percent or more of the television households in such market-- ``(I) do not subscribe to a multichannel video programming distributor (as defined in section 602) that carries one of the digital television service programming channels of each of the television stations broadcasting such a channel in such market; and ``(II) do not have either-- ``(a) at least one television receiver capable of receiving the digital television service signals of the television stations licensed in such market; or ``(b) at least one television receiver of analog television service signals equipped with digital-to-analog converter technology capable of receiving the digital television service signals of the television stations licensed in such market. ``(C) Spectrum reversion and resale.-- ``(i) The Commission shall-- ``(I) ensure that, as licenses for analog television service expire pursuant to subparagraph (A) or (B), each licensee shall cease using electromagnetic spectrum assigned to such service according to the Commission's direction; and ``(II) reclaim and organize the electromagnetic spectrum in a manner consistent with the objectives described in paragraph (3) of this subsection. ``(ii) Licensees for new services occupying spectrum reclaimed pursuant to clause (i) shall be assigned in accordance with this subsection. The Commission shall complete the assignment of such licenses, and report to the Congress the total revenues from such competitive bidding, by September 30, 2002. ``(D) Certain limitations on qualified bidders prohibited.--In prescribing any regulations relating to the qualification of bidders for spectrum reclaimed pursuant to subparagraph (C)(i), the Commission, for any license that may be used for any digital television service where the grade A contour of the station is projected to encompass the entirety of a city with a population in excess of 400,000 (as determined using the 1990 decennial census), shall not-- ``(i) preclude any party from being a qualified bidder for such spectrum on the basis of-- ``(I) the Commission's duopoly rule (47 C.F.R. 73.3555(b)); or ``(II) the Commission's newspaper cross-ownership rule (47 C.F.R. 73.3555(d)); or ``(ii) apply either such rule to preclude such a party that is a winning bidder in a competitive bidding for such spectrum from using such spectrum for digital television service.''. SEC. 3004. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. Title III of the Communications Act of 1934 is amended by inserting after section 336 (47 U.S.C. 336) the following new section: ``SEC. 337. ALLOCATION AND ASSIGNMENT OF NEW PUBLIC SAFETY SERVICES LICENSES AND COMMERCIAL LICENSES. ``(a) In General.--Not later than January 1, 1998, the Commission shall allocate the electromagnetic spectrum between 746 megahertz and 806 megahertz, inclusive, as follows: ``(1) 24 megahertz of that spectrum for public safety services according to the terms and conditions established by the Commission, in consultation with the Secretary of Commerce and the Attorney General; and ``(2) 36 megahertz of that spectrum for commercial use to be assigned by competitive bidding pursuant to section 309(j). ``(b) Assignment.--The Commission shall-- ``(1) commence assignment of the licenses for public safety services created pursuant to subsection (a) no later than September 30, 1998; and ``(2) commence competitive bidding for the commercial licenses created pursuant to subsection (a) after January 1, 2001. ``(c) Licensing of Unused Frequencies for Public Safety Services.-- ``(1) Use of unused channels for public safety services.-- Upon application by an entity seeking to provide public safety services, the Commission shall waive any requirement of this Act or its regulations implementing this Act (other than its regulations regarding harmful interference) to the extent necessary to permit the use of unassigned frequencies for the provision of public safety services by such entity. An application shall be granted under this subsection if the Commission finds that-- ``(A) no other spectrum allocated to public safety services is immediately available to satisfy the requested public safety service use; ``(B) the requested use is technically feasible without causing harmful interference to other spectrum users entitled to protection from such interference under the Commission's regulations; ``(C) the use of the unassigned frequency for the provision of public safety services is consistent with other allocations for the provision of such services in the geographic area for which the application is made; ``(D) the unassigned frequency was allocated for its present use not less than 2 years prior to the date on which the application is granted; and ``(E) granting such application is consistent with the public interest. ``(2) Applicability.--Paragraph (1) shall apply to any application to provide public safety services that is pending or filed on or after the date of enactment of the Balanced Budget Act of 1997. ``(d) Conditions on Licenses.--In establishing service rules with respect to licenses granted pursuant to this section, the Commission-- ``(1) shall establish interference limits at the boundaries of the spectrum block and service area; ``(2) shall establish any additional technical restrictions necessary to protect full-service analog television service and digital television service during a transition to digital television service; ``(3) may permit public safety services licensees and commercial licensees-- ``(A) to aggregate multiple licenses to create larger spectrum blocks and service areas; and ``(B) to disaggregate or partition licenses to create smaller spectrum blocks or service areas; and ``(4) shall establish rules insuring that public safety services licensees using spectrum reallocated pursuant to subsection (a)(1) shall not be subject to harmful interference from television broadcast licensees. ``(e) Removal and Relocation of Incumbent Broadcast Licensees.-- ``(1) Channels 60 to 69.--Any person who holds a television broadcast license to operate between 746 and 806 megahertz may not operate at that frequency after the date on which the digital television service transition period terminates, as determined by the Commission. ``(2) Incumbent qualifying low-power stations.--After making any allocation or assignment under this section, the Commission shall seek to assure, consistent with the Commission's plan for allotments for digital television service, that each qualifying low-power television station is assigned a frequency below 746 megahertz to permit the continued operation of such station. ``(f) Definitions.--For purposes of this section: ``(1) Public safety services.--The term `public safety services' means services-- ``(A) the sole or principal purpose of which is to protect the safety of life, health, or property; ``(B) that are provided-- ``(i) by State or local government entities; or ``(ii) by nongovernmental organizations that are authorized by a governmental entity whose primary mission is the provision of such services; and ``(C) that are not made commercially available to the public by the provider. ``(2) Qualifying low-power television stations.--A station is a qualifying low-power television station if, during the 90 days preceding the date of enactment of the Balanced Budget Act of 1997-- ``(A) such station broadcast a minimum of 18 hours per day; ``(B) such station broadcast an average of at least 3 hours per week of programming that was produced within the market area served by such station; and ``(C) such station was in compliance with the requirements applicable to low-power television stations.''. SEC. 3005. FLEXIBLE USE OF ELECTROMAGNETIC SPECTRUM. Section 303 of the Communications Act of 1934 (47 U.S.C. 303) is amended by adding at the end thereof the following: ``(y) Have authority to allocate electromagnetic spectrum so as to provide flexibility of use, if-- ``(1) such use is consistent with international agreements to which the United States is a party; and ``(2) the Commission finds, after notice and an opportunity for public comment, that-- ``(A) such an allocation would be in the public interest; ``(B) such use would not deter investment in communications services and systems, or technology development; and ``(C) such use would not result in harmful interference among users.''. SEC. 3006. UNIVERSAL SERVICE FUND PAYMENT SCHEDULE. (a) Appropriations to the Universal Service Fund.-- (1) Appropriation.--There is hereby appropriated to the Commission $3,000,000,000 in fiscal year 2001, which shall be disbursed on October 1, 2000, to the Administrator of the Federal universal service support programs established pursuant to section 254 of the Communications Act of 1934 (47 U.S.C. 254), and which may be expended by the Administrator in support of such programs as provided pursuant to the rules implementing that section. (2) Return to treasury.--The Administrator shall transfer $3,000,000,000 from the funds collected for such support programs to the General Fund of the Treasury on October 1, 2001. (b) Fee Adjustments.--The Commission shall direct the Administrator to adjust payments by telecommunications carriers and other providers of interstate telecommunications so that the $3,000,000,000 of the total payments by such carriers or providers to the Administrator for fiscal year 2001 shall be deferred until October 1, 2001. (c) Preservation of Authority.--Nothing in this section shall affect the Administrator's authority to determine the amounts that should be expended for universal service support programs pursuant to section 254 of the Communications Act of 1934 and the rules implementing that section. [[Page H6034]] (d) Definition.--For purposes of this section, the term ``Administrator'' means the Administrator designated by the Federal Communications Commission to administer Federal universal service support programs pursuant to section 254 of the Communications Act of 1934. SEC. 3007. DEADLINE FOR COLLECTION. The Commission shall conduct the competitive bidding required under this title or the amendments made by this title in a manner that ensures that all proceeds of such bidding are deposited in accordance with section 309(j)(8) of the Communications Act of 1934 not later than September 30, 2002. SEC. 3008. ADMINISTRATIVE PROCEDURES FOR SPECTRUM AUCTIONS. Notwithstanding section 309(b) of the Communications Act of 1934 (47 U.S.C. 309(b)), no application for an instrument of authorization for frequencies assigned under this title (or amendments made by this title) shall be granted by the Commission earlier than 7 days following issuance of public notice by the Commission of the acceptance for filing of such application or of any substantial amendment thereto. Notwithstanding section 309(d)(1) of such Act (47 U.S.C. 309(d)(1)), the Commission may specify a period (no less than 5 days following issuance of such public notice) for the filing of petitions to deny any application for an instrument of authorization for such frequencies. TITLE IV--MEDICARE, MEDICAID, AND CHILDREN'S HEALTH PROVISIONS SEC. 4000. AMENDMENTS TO SOCIAL SECURITY ACT AND REFERENCES TO OBRA; TABLE OF CONTENTS OF TITLE. (a) Amendments to Social Security Act.--Except as otherwise specifically provided, whenever in this title an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Social Security Act. (b) References to OBRA.--In this title, the terms ``OBRA- 1986'', ``OBRA-1987'', ``OBRA-1989'', OBRA-1990'', and ``OBRA-1993'' refer to the Omnibus Budget Reconciliation Act of 1986 (Public Law 99-509), the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203), the Omnibus Budget Reconciliation Act of 1989 (Public Law 101-239), the Omnibus Budget Reconciliation Act of 1990 (Public Law 101- 508), and the Omnibus Budget Reconciliation Act of 1993 (Public Law 103-66), respectively. (c) Table of Contents of Title.--The table of contents of this title is as follows: Sec. 4000. Amendments to Social Security Act and references to OBRA; table of contents of title. Subtitle A--Medicare+Choice Program Chapter 1--Medicare+Choice Program Subchapter A--Medicare+Choice Program Sec. 4001. Establishment of Medicare+Choice Program. ``Part C--Medicare+Choice Program ``Sec. 1851. Eligibility, election, and enrollment. ``Sec. 1852. Benefits and beneficiary protections. ``Sec. 1853. Payments to Medicare+Choice organizations. ``Sec. 1854. Premiums. ``Sec. 1855. Organizational and financial requirements for Medicare+Choice organizations; provider-sponsored organizations. ``Sec. 1856. Establishment of standards. ``Sec. 1857. Contracts with Medicare+Choice organizations. ``Sec. 1859. Definitions; miscellaneous provisions. Sec. 4002. Transitional rules for current medicare HMO program. Sec. 4003. Conforming changes in medigap program. Subchapter B--Special Rules for Medicare+Choice Medical Savings Accounts Sec. 4006. Medicare+Choice MSA. Chapter 2--Demonstrations Subchapter A--Medicare+Choice Competitive Pricing Demonstration Project ``Sec. 4011. Medicare prepaid competitive pricing demonstration project. ``Sec. 4012. Administration through the Office of Competition; advisory committee. ``Sec. 4013. Project design based on FEHBP competitive bidding model. Subchapter B--Social Health Maintenance Organizations ``Sec. 4014. Social health maintenance organizations (SHMOs.) Subchapter C--Medicare Subdivision Demonstration Project for Military Retirees ``Sec. 4015. Medicare subvention demonstration project for military retirees. Subchapter D--Other Projects ``Sec. 4016. Medicare coordinated care demonstration project. ``Sec. 4017. Orderly transition of municipal health service demonstration projects. ``Sec. 4018. Medicare enrollment demonstration project. ``Sec. 4019. Extension of certain medicare community nursing organization demonstration projects. Chapter 3--Commissions ``Sec. 4021. National Bipartisan Commission on the Future of Medicare. ``Sec. 4022. Medicare Payment Advisory Commission. Chapter 4--Medigap Protections ``Sec. 4031. Medigap protections. ``Sec. 4032. Addition of high deductible medigap policies. Chapter 5--Tax Treatment of Hospitals Participating in Provider- Sponsored Organizations ``Sec. 4041. Tax treatment of hospitals which participate in provider- sponsored organizations. Subtitle B--Prevention Initiatives ``Sec. 4101. Screening mammography. ``Sec. 4102. Screening pap smear and pelvic exams. ``Sec. 4103. Prostate cancer screening tests. ``Sec. 4104. Coverage of colorectal screening. ``Sec. 4105. Diabetes self-management benefits. ``Sec. 4106. Standardization of medicare coverage of bone mass measurements. ``Sec. 4107. Vaccines outreach expansion. ``Sec. 4108. Study on preventive and enhanced benefits. Subtitle C--Rural Initiatives ``Sec. 4201. Medicare rural hospital flexibility program. ``Sec. 4202. Prohibiting denial of request by rural referral centers for reclassification on basis of comparability of wages. ``Sec. 4203. Hospital geographic reclassification permitted for purposes of disproportionate share payment adjustments. ``Sec. 4204. Medicare-dependent, small rural hospital payment extension. Sec. 4205. Rural health clinic services. Sec. 4206. Medicare reimbursement for telehealth services. Sec. 4207. Informatics, telemedicine, and education demonstration project. Subtitle D--Anti-Fraud and Abuse Provisions and Improvements in Protecting Program Integrity Chapter 1--Revisions To Sanctions for Fraud and Abuse Sec. 4301. Permanent exclusion for those convicted of 3 health care related crimes. Sec. 4302. Authority to refuse to enter into medicare agreements with individuals or entities convicted of felonies. Sec. 4303. Exclusion of entity controlled by family member of a sanctioned individual. Sec. 4304. Imposition of civil money penalties. Chapter 2--Improvements In Protecting Program Integrity Sec. 4311. Improving information to medica