CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997
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CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997
(House of Representatives - July 29, 1997)
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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
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``(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 year
s 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
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(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
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(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
Major Actions:
All articles in House section
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
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``(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 year
s 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
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(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
Amendments:
Cosponsors:
CONFERENCE REPORT ON H.R. 2015, BALANCED BUDGET ACT OF 1997
Sponsor:
Summary:
All articles in House section
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 year
s 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
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(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
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(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
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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
Major Actions:
All articles in House section
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 year
s 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
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(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
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(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
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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.
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(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
Amendments:
Cosponsors: