Emergency Unemployment Benefits and Congressional Spending Priorities Act of 1991 - Title I: Emergency Unemployment Compensation Program - Establishes an emergency unemployment compensation program.
Allows any State to enter into and participate in an agreement with the Secretary of Labor (the Secretary) under which the State agency which administers the State unemployment compensation law will make payments of emergency unemployment compensation: (1) to individuals who have exhausted all rights to regular compensation under State law, have no rights to such regular compensation or any additional State or Federal compensation, and are not receiving Canadian compensation; and (2) for any week of unemployment beginning in the individual's eligibility period. Sets forth provisions relating to exhaustion of regular benefits and weekly amount of emergency benefits equal to regular benefits.
Authorizes a State Governor, in a period of a seven or eight percent total unemployment rate in that State (as defined under this Act), to elect to trigger an extended compensation period to provide emergency unemployment compensation to individuals who have exhausted their rights to regular compensation under State law.
Requires a State, under such an agreement, to establish an emergency unemployment compensation account with respect to the benefit year of each eligible individual who files an application. Limits benefit payments to not more than the amount in the individual's account. Sets forth formulas for determining the amount in such account. Provides that the applicable limit in such account shall be equal to: (1) 20 for an eight-percent period, i.e. one triggered by an average unadjusted total unemployment rate (TUR) of eight percent or more in the State for the most recent six calendar months with published data; (2) 13 for a seven-percent period; and (3) seven for a six-percent period or for any other period. Sets forth special rules relating to such applicable limits. Requires reduction in such account by the amount of extended benefits received by the individual relating to the same benefit year under the Federal-State Extended Unemployment Compensation Act of 1970. Sets the weekly benefit amount at the amount of regular compensation (including dependents' allowances) payable under the State law to the individual for such week for total unemployment. Provides for determination of periods and applicable triggers. Provides for a minimuim period of at least 13 weeks.
Provides, in general, that no emergency unemployment compensation shall be payable to any individual under this Act for any week beginning: (1) before the later of the day after the enactment date of this Act or the first week following the week in which an agreement under this Act is entered into; or (2) after July 4, 1992. Sets forth transition and reachback provisions for the eligibility of certain individuals for such benefits, as exceptions to such general rule.
Provides for payments to States having such agreements for emergency unemployment compensation.
Sets forth financing provisions. Requires that funds in the extended unemployment compensation account of the Unemployment Trust Fund be used to make payments to States having agreements under this Act.
Sets forth provisions relating to fraud and overpayments.
Defines the eligible period under this Act. Provides that in no event shall an individual's period of eligibility include any weeks after the 39th week after the end of the benefit year for which the individual exhausted rights to regular compensation or extended compensation.
Title II: Other Provisions - Amends specified Federal law to repeal certain limitations on payment of unemployment compensation to former members of the Armed Forces. Reduces the length of required active duty by reserves for purposes for such payment.
Directs the Secretary of Labor to give consideration to providing services to dislocated workers in the timber industry in determining specified programs and activities to be funded under the Job Training Partnership Act in FY 1991 and 1992.
Title III: Financing Provisions - Subtitle A: Electromagnetic Spectrum Function - Emerging Telecommunications Technologies Act of 1991 - Requires the Secretary of Commerce and the Chairman of the Federal Communications Commission (FCC) to conduct biannual joint electromagnetic spectrum planning meetings with respect to: (1) future spectrum needs and the allocation actions to accommodate those needs; and (2) actions to promote the efficient use of the spectrum. Requires an open process and joint annual reports to the President.
Directs the Secretary to submit reports to the President that identify frequency bands that: (1) are allocated on a primary basis for Government use and eligible for licensing pursuant to the Communications Act of 1934 (the Act); (2) are not required for the present or identifiable future Government needs; (3) can be made available for use under the Act for non-Government users; (4) are likely to have significant value for such users; and (5) will not result in excessive costs to the Government. Sets forth criteria for identifying, and recommending for reassignment or sharing, such frequency bands. Requires such reports to make an initial identification of 50MHz of spectrum for immediate reallocation and distribution by the FCC pursuant to competitive bidding procedures, and preliminary and final identifications of additional reallocable frequency bands.
Directs the Secretary to convene a private sector advisory committee to: (1) review frequency bands identified in the preliminary report; (2) advise the Secretary with respect to those bands which should be included in the final report; (3) receive public comment on the reports; and (4) prepare and submit to the Secretary and specified congressional committees a report on recommendations for the reform of allocating the spectrum between Government and non-Government users.
Directs the President to: (1) withdraw or limit the assignment to a Government station of any frequency recommended in the initial identification report for rellocation; (2) withdraw or limit the assignment to a Government station of any frequency recommended in the final report for reallocation or mixed use; (3) assign or reassign other frequencies to Government stations as necessary to adjust to such withdrawal or limitation of assignments; and (4) publish in the Federal Register a notice and description of such actions taken. Authorizes the President to substitute alternative frequencies in the interests of national security, important Government needs, public health or safety, or Federal financial considerations.
Provides that any Government licensee, or non-Government entity operating on behalf of a Government licensee, that is displaced from a frequency pursuant to this Act may be reimbursed not more than the incremental costs it incurs, in such amounts as provided in advance in appropriation Acts, that are directly attributable to the loss of the use of the frequency pursuant to this Act. Authorizes appropriations to affected licensee agencies to cover such costs.
Directs the FCC to form a plan to assign the spectrum identified in the initial report pursuant to competitive bidding procedures during FY 1994 through 1996.
Directs the FCC to submit to the President a plan for the distribution of the remaining reallocated frequency bands.
Authorizes the President to reclaim reallocated frequencies for reassignment to Government stations. Sets forth procedures for reclaiming frequencies.
Amends the Act to require the FCC to use competitive bidding for awarding all initial licenses and new construction permits, subject to specified exclusions. Outlines criteria for awarding licenses and permits under competitive bidding procedures. Prohibits licensing by lottery when competitive bidding is required.
Subtitle B: Rescission of Unnecessary Spending - Rescinds, except to the extent obligated, specified amounts which were set aside or otherwise made available (and the underlying appropriations for such amounts) under specified 1991 Appropriations Acts for: (1) the Department of Interior and Related Agencies (for: Native Hawaiian artifacts sales development; projects at America's Industrial Heritage Park, Pennsylvania; museum construction at Cordell Hull residence, Tennessee; restoration of Keith Albee Theatre, Huntington, West Virginia; and locomotive artifacts restoration at Steamtown, Pennsylvania); (2) Department of Transportation and Related Agencies (for: a bicycle transportation project in Macomb County, Michigan; and Biscayne Boulevard renovation in Miami, Florida); (3) Departments of Veterans Affairs and Housing and Urban Development, and Independent Agencies (for a performing arts and cultural center in North Miami Beach, Florida); (4) the Foreign Operations, Export Financing, and Related Programs (for: the International Fund for Ireland; and retiring the debt owed by the University of Central America to the Inter-American Development Bank); (5) the Legislative Branch (for the layout of fitness facilities for House office buildings; upgrading the Senate subway system; and modular furniture for Senate office buildings; (6) the Rural Development, Agriculture, and Related Agencies (for a fish farming station in Stuttgart, Arkansas); and (7) the Department of Defense (for design and construction of a parliament building in the Solomon Islands).
Subtitle C: Presidential Authority to Ensure Budget Neutrality - Directs the President, upon determination that the new outlays resulting from the preceding provisions of this Act in FY 1992 exceed the sum of the reduction in outlays and increase in receipts resulting from such provisions in such fiscal year, to issue certain sequestration orders which cancel, in the following order, as necessary: (1) up to 30 percent of the FY 1992 budgetary resources for budget accounts in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992; (2) any FY 1992 congressional pay raise made by the Ethics Reform Act of 1989; (3) any FY 1992 congressional foreign travel budgetary resources provided by the Legislative Branch Appropriations Act, 1992; and (4) any FY 1992 congressional operations budgetary resources provided by the latter Act. Requires the President to obtain the recommendations of specified congressional officials before cancelling such budgetary resources relating to congressional pay, foreign travel, or operations.
Subtitle D: Budgetary Treatment - Requires that all reductions in budgetary resources made by subtitles A through C of this title be considered to be reductions in direct spending accounts for purposes of applying specified provisions of the Balanced Budget and Emergency Deficit Control Act of 1985 (Gramm-Rudman-Hollings Act).
HR 3588 IH
102d CONGRESS
1st Session
H. R. 3588
To provide emergency unemployment compensation on a pay-as-you-go basis.
IN THE HOUSE OF REPRESENTATIVES
October 17, 1991
Mr. TAYLOR of North Carolina introduced the following bill; which was referred
jointly to the Committees on Ways and Means, Education and Labor, Energy
and Commerce, Appropriations, House Administration, and Government Operations
A BILL
To provide emergency unemployment compensation on a pay-as-you-go basis.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Emergency Unemployment
Benefits and Congressional Spending Priorities Act of 1991'.
(b) TABLE OF CONTENTS-
Sec. 1. Short title and table of contents.
TITLE I--EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM
Sec. 101. Federal-State agreements.
Sec. 102. Emergency unemployment compensation account.
Sec. 103. Payments to States having agreements for the payment of emergency
unemployment compensation.
Sec. 104. Financing provisions.
Sec. 105. Fraud and overpayments.
Sec. 106. Definitions.
TITLE II--OTHER PROVISIONS
Sec. 201. Payments of unemployment compensation to former members of the
armed forces.
Sec. 202. Assistance to certain dislocated workers.
TITLE III--FINANCING PROVISIONS
Subtitle A--Electromagnetic Spectrum Function
Sec. 301. Short title.
Sec. 302. Findings.
Sec. 303. National spectrum planning.
Sec. 304. Identification of reallocable frequencies.
Sec. 305. Withdrawal of assignment to United States Government stations.
Sec. 306. Distribution of frequencies by the Commission.
Sec. 307. Authority to reclaim reassigned frequencies.
Sec. 308. Competitive bidding.
Sec. 309. Definitions.
Subtitle B--Rescission of Unnecessary Spending
Sec. 311. Interior and related agencies appropriations.
Sec. 312. Transportation and related agencies appropriations.
Sec. 313. Housing and urban development appropriations.
Sec. 314. Foreign operations appropriations.
Sec. 315. Legislative branch appropriations.
Sec. 316. Rural development and agriculture appropriations.
Sec. 317. Defense appropriations.
Subtitle C--Presidential Authority To Ensure Budget Neutrality
Sec. 321. Authority to sequester foreign assistance appropriations.
Sec. 322. Authority to sequester legislative branch appropriations.
Subtitle D--Budgetary Treatment
Sec. 331. Treatment of rescissions and sequesters.
TITLE I--EMERGENCY UNEMPLOYMENT COMPENSATION PROGRAM
SEC. 101. FEDERAL-STATE AGREEMENTS.
(a) IN GENERAL- Any State which desires to do so may enter into and
participate in an agreement under this title with the Secretary of Labor
(in this title referred to as the `Secretary'). Any State which is a party
to an agreement under this title may, upon providing 30 days written notice
to the Secretary, terminate such agreement.
(b) PROVISIONS OF AGREEMENT- Any agreement under subsection (a) shall
provide that the State agency of the State will make payments of emergency
unemployment compensation--
(1) to individuals who--
(A) have exhausted all rights to regular compensation under the State law,
(B) have no rights to compensation (including both regular compensation
and extended compensation) with respect to a week under such law or any
other State unemployment compensation law or to compensation under any
other Federal law (and are not paid or entitled to be paid any additional
compensation under any State or Federal law), and
(C) are not receiving compensation with respect to such week under the
unemployment compensation law of Canada, and
(2) for any week of unemployment which begins in the individual's period
of eligibility (as defined in section 106(2)).
(c) EXHAUSTION OF BENEFITS- For purposes of subsection (b)(1)(A), an
individual shall be deemed to have exhausted such individual's rights to
regular compensation under a State law when--
(1) no payments of regular compensation can be made under such law because
such individual has received all regular compensation available to such
individual based on employment or wages during such individual's base
period, or
(2) such individual's rights to such compensation have been terminated by
reason of the expiration of the benefit year with respect to which such
rights existed.
(d) WEEKLY BENEFIT AMOUNT- For purposes of any agreement under this title--
(1) the amount of emergency unemployment compensation which shall be payable
to any individual for any week of total unemployment shall be equal to
the amount of the regular compensation (including dependent's allowances)
payable to such individual during such individual's benefit year under
the State law for a week of total unemployment,
(2) the terms and conditions of the State law which apply to claims for
extended compensation and to the payment thereof shall apply to claims for
emergency unemployment compensation and the payment thereof, except where
inconsistent with the provisions of this title, or with the regulations
or operating instructions of the Secretary promulgated to carry out this
title, and
(3) the maximum amount of emergency unemployment compensation payable to
any individual for whom an account is established under section 102 shall
not exceed the amount established in such account for such individual.
(e) ELECTION- Notwithstanding any other provision of Federal law (and if
State law permits), the Governor of a State in a 7-percent period or an
8-percent period, as defined in section 102(c), is authorized to and may
elect to trigger off an extended compensation period in order to provide
payment of emergency unemployment compensation to individuals who have
exhausted their rights to regular compensation under State law.
SEC. 102. EMERGENCY UNEMPLOYMENT COMPENSATION ACCOUNT.
(a) IN GENERAL- Any agreement under this title shall provide that the State
will establish, for each eligible individual who files an application for
emergency unemployment compensation, an emergency unemployment compensation
account with respect to such individual's benefit year.
(b) AMOUNT IN ACCOUNT-
(1) IN GENERAL- The amount established in an account under subsection (a)
shall be equal to the lesser of--
(A) 100 percent of the total amount of regular compensation (including
dependents' allowances) payable to the individual with respect to the
benefit year (as determined under the State law) on the basis of which
the individual most recently received regular compensation, or
(B) the applicable limit times the individual's average weekly benefit
amount for the benefit year.
(2) APPLICABLE LIMIT- For purposes of this section--
(A) IN GENERAL- Except as provided in this paragraph, the applicable limit
shall be determined under the following table:
In the case of weeks beginning
--The applicable
during a:
--limit is:
8-percent period
--20
7-percent period
--13
6-percent period or other period
--7.
(B) APPLICABLE LIMIT NOT REDUCED- An individual's applicable limit for
any week shall in no event be less than the highest applicable limit in
effect for any prior week for which emergency unemployment compensation
was payable to the individual from the account involved.
(C) INCREASE IN APPLICABLE LIMIT- If the applicable limit in effect for any
week is higher than the applicable limit for any prior week, the applicable
limit shall be the higher applicable limit, reduced (but not below zero)
by the number of prior weeks for which emergency unemployment compensation
was paid to the individual from the account involved.
(3) REDUCTION FOR EXTENDED BENEFITS- The amount in an account under paragraph
(1) shall be reduced (but not below zero) by the aggregate amount of extended
compensation (if any) received by such individual relating to the same
benefit year under the Federal-State Extended Unemployment Compensation
Act of 1970.
(4) WEEKLY BENEFIT AMOUNT- For purposes of this subsection, an individual's
weekly benefit amount for any week is the amount of regular compensation
(including dependents' allowances) under the State law payable to such
individual for such week for total unemployment.
(c) DETERMINATION OF PERIODS-
(1) IN GENERAL- For purposes of this section, the terms `8-percent period',
`7-percent period', `6-percent period', and `other period' mean, with
respect to any State, the period which--
(A) begins with the second Sunday of the month after the first month during
which the applicable trigger for such period is on, and
(B) ends with the Saturday immediately preceding the second Sunday of the
month after the first month during which the applicable trigger for such
period is off.
(2) APPLICABLE TRIGGER- In the case of an 8-percent period, 7-percent period,
6-percent period, or other period, as the case may be, the applicable
trigger is on for any week with respect to any such period if the average
rate of total unemployment in the State for the period consisting of the
most recent 6-calendar month period for which data are published--
(A) equals or exceeds 6 percent, and
(B) falls within the applicable range (as defined in paragraph (3)).
Subparagraph (A) shall only apply in the case of an 8-percent period,
7-percent period, or 6-percent period.
(3) APPLICABLE RANGE- For purposes of this subsection, the applicable
range is as follows:
In the case of a:
The applicable range is:
8-percent period
A rate equal to or exceeding 8 percent.
7-percent period
A rate equal to or exceeding 7 percent but less than 8 percent.
6-percent period
A rate equal to or exceeding 6 percent but less than 7 percent.
Other period
A rate less than 6 percent.
(4) SPECIAL RULES FOR DETERMINING PERIODS-
(A) MINIMUM PERIOD- Except as provided in subparagraph (B), if for any week
beginning after the date of the enactment of this Act, an 8-percent period,
7-percent period, 6-percent period, or other period, as the case may be,
is triggered on with respect to such State, such period shall last for
not less than 13 weeks.
(B) EXCEPTION IF APPLICABLE RANGE INCREASES- If, but for subparagraph (A),
another period with a higher applicable range would be in effect for such
State, such other period shall take effect without regard to subparagraph
(A).
(5) NOTIFICATION BY SECRETARY- When a determination has been made that
an 8-percent period, 7-percent period, 6-percent period, or other period
is beginning or ending with respect to a State, the Secretary shall cause
notice of such determination to be published in the Federal Register.
(d) EFFECTIVE DATE-
(1) IN GENERAL- Except as provided in paragraphs (2) and (3), no emergency
unemployment compensation shall be payable to any individual under this
title for any week--
(A) beginning before the later of--
(i) the day after the date of the enactment of this Act, or
(ii) the first week following the week in which an agreement under this
title is entered into, or
(B) beginning after July 4, 1992.
(2) TRANSITION- In the case of an individual who is receiving emergency
unemployment compensation for a week which includes July 4, 1992, such
compensation shall continue to be payable to such individual in accordance
with subsection (b) for any week beginning in a period of consecutive
weeks for each of which the individual meets the eligibility requirements
of this title.
(3) REACHBACK PROVISIONS-
(A) IN GENERAL- If--
(i) any individual exhausted such individual's rights to regular compensation
(or extended compensation) under the State law after February 28, 1991,
and before the first week following the date of the enactment of this Act
(or, if later, the first week following the week in which the agreement
under this title is entered into), and
(ii) a period described in subsection (c)(2)(A) is in effect with respect to
the State for the first week following the date of the enactment of this Act,
such individual shall be entitled to emergency unemployment compensation
under this title in the same manner as if such individual's benefit year
ended no earlier than the last day of such following week.
(B) SPECIAL RULE- A State not meeting the requirements of subparagraph
(A)(ii) shall be treated as meeting such requirements if such State met
them for the first week following August 31, 1991.
(C) LIMITATION OF BENEFITS- In the case of an individual who has exhausted
such individual's rights to both regular and extended compensation, any
emergency unemployment compensation payable under subparagraph (A) or (B)
shall be reduced in accordance with subsection (b)(3).
SEC. 103. PAYMENTS TO STATES HAVING AGREEMENTS FOR THE PAYMENT OF EMERGENCY
UNEMPLOYMENT COMPENSATION.
(a) GENERAL RULE- There shall be paid to each State which has entered
into an agreement under this title an amount equal to 100 percent of
the emergency unemployment compensation paid to individuals by the State
pursuant to such agreement.
(b) TREATMENT OF REIMBURSABLE COMPENSATION- No payment shall be made to
any State under this section in respect of compensation to the extent the
State is entitled to reimbursement in respect of such compensation under the
provisions of any Federal law other than this title or chapter 85 of title 5,
United States Code. A State shall not be entitled to any reimbursement under
such chapter 85 in respect of any compensation to the extent the State is
entitled to reimbursement under this title in respect of such compensation.
(c) DETERMINATION OF AMOUNT- Sums payable to any State by reason of such
State having an agreement under this title shall be payable, either in
advance or by way of reimbursement (as may be determined by the Secretary),
in such amounts as the Secretary estimates the State will be entitled to
receive under this title for each calendar month, reduced or increased,
as the case may be, by any amount by which the Secretary finds that his
estimates for any prior calendar month were greater or less than the
amounts which should have been paid to the State. Such estimates may be
made on the basis of such statistical, sampling, or other method as may
be agreed upon by the Secretary and the State agency of the State involved.
SEC. 104. FINANCING PROVISIONS.
(a) IN GENERAL- Funds in the extended unemployment compensation account (as
established by section 905 of the Social Security Act) of the Unemployment
Trust Fund shall be used for the making of payments to States having
agreements entered into under this title.
(b) CERTIFICATION- The Secretary shall from time to time certify to the
Secretary of the Treasury for payment to each State the sums payable to
such State under this title. The Secretary of the Treasury, prior to audit
or settlement by the General Accounting Office, shall make payments to the
State in accordance with such certification, by transfers from the extended
unemployment compensation account (as established by section 905 of the
Social Security Act) to the account of such State in the Unemployment
Trust Fund.
(c) ASSISTANCE TO STATES- There are hereby authorized to be appropriated
without fiscal year limitation, such funds as may be necessary for purposes
of assisting States (as provided in title III of the Social Security Act)
in meeting the costs of administration of agreements under this title.
SEC. 105. FRAUD AND OVERPAYMENTS.
(a) IN GENERAL- If an individual knowingly has made, or caused to be made
by another, a false statement or representation of a material fact, or
knowingly has failed, or caused another to fail, to disclose a material
fact, and as a result of such false statement or representation or of
such nondisclosure such individual has received an amount of emergency
unemployment compensation under this title to which he was not entitled,
such individual--
(1) shall be ineligible for further emergency unemployment compensation
under this title in accordance with the provisions of the applicable State
unemployment compensation law relating to fraud in connection with a claim
for unemployment compensation, and
(2) shall be subject to prosecution under section 1001 of title 18, United
States Code.
(b) REPAYMENT- In the case of individuals who have received amounts
of emergency unemployment compensation under this title to which they
were not entitled, the State shall require such individuals to repay the
amounts of such emergency unemployment compensation to the State agency,
except that the State agency may waive such repayment if it determines that--
(1) the payment of such emergency unemployment compensation was without
fault on the part of any such individual, and
(2) such repayment would be contrary to equity and good conscience.
(c) RECOVERY BY STATE AGENCY-
(1) IN GENERAL- The State agency may recover the amount to be repaid,
or any part thereof, by deductions from any emergency unemployment
compensation payable to such individual under this title or from any
unemployment compensation payable to such individual under any Federal
unemployment compensation law administered by the State agency or under
any other Federal law administered by the State agency which provides
for the payment of any assistance or allowance with respect to any week
of unemployment, during the 3-year period after the date such individuals
received the payment of the emergency unemployment compensation to which
they were not entitled, except that no single deduction may exceed 50
percent of the weekly benefit amount from which such deduction is made.
(2) OPPORTUNITY FOR HEARING- No repayment shall be required, and no deduction
shall be made, until a determination has been made, notice thereof and an
opportunity for a fair hearing has been given to the individual, and the
determination has become final.
(d) REVIEW- Any determination by a State agency under this section
shall be subject to review in the same manner and to the same extent as
determinations under the State unemployment compensation law, and only in
that manner and to that extent.
SEC. 106. DEFINITIONS.
For purposes of this title:
(1) IN GENERAL- The terms `compensation', `regular compensation', `extended
compensation', `additional compensation', `benefit year', `base period',
`State', `State agency', `State law', and `week' have the meanings given
such terms under section 205 of the Federal-State Extended Unemployment
Compensation Act of 1970.
(2) ELIGIBILITY PERIOD- An individual's eligibility period shall consist
of the weeks in the individual's benefit year which begin in an 8-percent
period, 7-percent period, 6-percent period, or other period under this
title and, if the individual's benefit year ends on or after the date of
the enactment of this Act, any weeks thereafter which begin in any such
period. In no event shall an individual's period of eligibility include
any weeks after the 39th week after the end of the benefit year for which
the individual exhausted his rights to regular compensation or extended
compensation.
(3) RATE OF TOTAL UNEMPLOYMENT- The term `rate of total unemployment'
means the average unadjusted total rate of unemployment (as determined by
the Secretary) for a State for the period consisting of the most recent
6-calendar-month period for which data are published.
TITLE II--OTHER PROVISIONS
SEC. 201. PAYMENTS OF UNEMPLOYMENT COMPENSATION TO FORMER MEMBERS OF THE
ARMED FORCES.
(a) REPEAL OF CERTAIN LIMITATIONS- Subsection (c) of section 8521 of title
5, United States Code, is hereby repealed.
(b) REDUCTION IN LENGTH OF REQUIRED ACTIVE DUTY BY RESERVES- Paragraph
(1) of section 8521(a) of such title 5 is amended by striking `180 days'
and inserting `90 days'.
(c) EFFECTIVE DATE- The amendments made by this section shall apply to weeks
of unemployment beginning on or after the date of the enactment of this Act.
SEC. 202. ASSISTANCE TO CERTAIN DISLOCATED WORKERS.
For the purposes of determining the programs and activities to be funded
under part B of title III of the Job Training Partnership Act in program
years 1991 and 1992, the Secretary of Labor shall give special consideration
to providing services to dislocated workers in the timber industry.
TITLE III--FINANCING PROVISIONS
Subtitle A--Electromagnetic Spectrum Function
SEC. 301. SHORT TITLE.
This title may be cited as the `Emerging Telecommunications Technologies
Act of 1991'.
SEC. 302. FINDINGS.
The Congress finds that--
(1) spectrum is a valuable natural resource;
(2) it is in the national interest that this resource be used more
efficiently;
(3) the spectrum below 6 gigahertz (GHz) is becoming increasingly congested,
and, as a result entities that develop innovative new spectrum-based
services are finding it difficult to bring these services to the marketplace;
(4) scarcity of assignable frequencies can and will--
(A) impede the development and commercialization of new spectrum-based
products and services;
(B) reduce the capacity and efficiency of the United States
telecommunications system; and
(C) adversely affect the productive capacity and international
competitiveness of the United States economy;
(5) the United States Government presently lacks explicit authority to
use excess radiocommunications capacity to satisfy non-United States
Government requirements;
(6) more efficient use of the spectrum can provide the resources for
increased economic returns;
(7) many commercial users derive significant economic benefits from their
spectrum licenses, both through the income they earn from their use of
the spectrum and the returns they realize upon transfer of their licenses
to third parties; but under current procedures, the United States public
does not sufficiently share in their benefits;
(8) many United States Government functions and responsibilities depend
heavily on the use of the radio spectrum, involve unique applications,
and are performed in the broad national and public interest;
(9) competitive bidding for spectrum can yield significant benefits for the
United States economy by increasing the efficiency of spectrum allocations,
assignment, and use; and for United States taxpayers by producing substantial
revenues for the United States Treasury; and
(10) the Secretary, the President, and the Commission should be directed to
take appropriate steps to foster the more efficient use of this valuable
national resource, including the reallocation of a target amount of 200
megahertz (MHz) of spectrum from United States Government use under section
305 of the Communications Act to non-United States Government use pursuant
to other provisions of the Communications Act and the implementation of
competitive bidding procedures by the Commission for some new assignments
of the spectrum.
SEC. 303. NATIONAL SPECTRUM PLANNING.
(a) PLANNING ACTIVITIES- The Secretary and the Chairman of the Commission
shall, at least twice each year, conduct joint spectrum planning meetings
with respect to the following issues--
(1) future spectrum needs;
(2) the spectrum allocation actions necessary to accommodate those needs,
including consideration of innovation and marketplace developments that may
affect the relative efficiencies of different portions of the spectrum; and
(3) actions necessary to promote the efficient use of the spectrum, including
proven spectrum management techniques to promote increased shared use of the
spectrum as a means of increasing non-United States Government access; and
innovation in spectrum utilization including means of providing incentives
for spectrum users to develop innovative services and technologies.
(b) REPORTS- The Secretary and the Chairman of the Commission shall submit a
joint annual report to the President on the joint spectrum planning meetings
conducted under subsection (a) and any recommendations for action developed
in such meetings.
(c) OPEN PROCESS- The Secretary and the Commission will conduct an open
process under this section to ensure the full consideration and exchange
of views among any interested entities, including all private, public,
commercial, and governmental interests.
SEC. 304. IDENTIFICATION OF REALLOCABLE FREQUENCIES.
(a) IDENTIFICATION REQUIRED- The Secretary shall prepare and submit to
the President the reports required by subsection (d) to identify bands of
frequencies that--
(1) are allocated on a primary basis for United States Government use and
eligible for licensing pursuant to section 305(a) of the Communications Act;
(2) are not required for the present or identifiable future needs of the
United States Government;
(3) can feasibly be made available during the next 15 years after enactment
of this subtitle for use under the provisions of the Communications Act
for non-United States Government users;
(4) will not result in costs to the Federal Government that are excessive in
relation to the benefits that may be obtained from the potential non-United
States Government uses; and
(5) are likely to have significant value for non-United States Government
uses under the Communications Act.
(b) Amount of Spectrum Recommended-
(1) IN GENERAL- The Secretary shall recommend as a goal for reallocation,
for use by non-United States Government stations, bands of frequencies
constituting a target amount of 200 MHz, that are located below 6 GHz,
and that meet the criteria specified in paragraphs (1) through (5) of
subsection (a). If the Secretary identifies (as meeting such criteria)
bands of frequencies totalling more than 200 MHz, the Secretary shall
identify and recommend for reallocation those bands (totalling not less
than 200 MHz) that are likely to have the greatest potential for non-United
States Government uses under the Communications Act.
(2) MIXED USES PERMITTED TO BE COUNTED- Bands of frequencies which
the Secretary recommends be partially retained for use by United States
Government stations, but which are also recommended to be reallocated and
made available under the Communications Act for use by non-United States
Government stations, may be counted toward the target 200 MHz of spectrum
required by paragraph (1) of this subsection, except that--
(A) the bands of frequencies counted under this paragraph may not count
toward more than one-half of the amount targeted by paragraph (1) of
this subsection;
(B) a band of frequencies may not be counted under this paragraph unless
the assignments of the band to United States Government stations under
section 305 of the Communications Act are limited by geographic area,
by time, or by other means so as to guarantee that the potential use to
be made by which United States Government stations is substantially less
(as measured by geographic area, time, or otherwise) than the potential
United States Government use to be made; and
(C) the operational sharing permitted under this paragraph shall be subject
to procedures which the Commission and the Department of Commerce shall
establish and implement to ensure against harmful interference.
(c) Criteria for Identification-
(1) NEEDS OF THE UNITED STATES GOVERNMENT- In determining whether a band
of frequencies meets the criteria specified in subsection (a)(2), the
Secretary shall--
(A) consider whether the band of frequencies is used to provide a
communications service that is or could be available from a commercial
provider;
(B) seek to promote--
(i) the maximum practicable reliance on commercially available substitutes;
(ii) the sharing of frequencies (as permitted under subsection (b)(2));
(iii) the development and use of new communications technologies; and
(iv) the use of nonradiating communications systems where practicable;
(C) seek to avoid--
(i) serious degradation of United States Government services and operations;
(ii) excessive costs to the United States Government and civilian users
of such Government services; and
(iii) identification of any bands for reallocation that are likely to be
subject to substitution for the reasons specified in section 305(b)(2)
(A) through (C); and
(D) exempt power marketing administrations and the Tennessee Valley
Authority form any reallocation procedures.
(2) FEASIBILITY OF USE- In determining whether a frequency band meets the
criteria specified in subsection (a)(3), the Secretary shall--
(A) assume such frequencies will be assigned by the Commission under
section 303 of the Communications Act over the course of fifteen years
after the enactment of this subtitle;
(B) assume reasonable rates of scientific progress and growth of demand
for telecommunications services;
(C) determine the extent to which the reallocation or reassignment will
relieve actual or potential scarcity of frequencies available for non-United
States Government use;
(D) seek to include frequencies which can be used to stimulate the
development of new technologies; and
(E) consider the cost to reestablish United States Government services
displaced by the reallocation of spectrum during the fifteen year period.
(3) COSTS TO THE UNITED STATES GOVERNMENT- In determining whether a
frequency band meets the criteria specified in subsection (a)(4), the
Secretary shall consider--
(A) the costs to the United States Government of reaccommodating its services
in order to make spectrum available for non-United States Government use,
including the incremental costs directly attributable to the loss of the
use of the frequency band; and
(B) the benefits that could be obtained from reallocating such spectrum to
non-United States Government users, including the value of such spectrum
in promoting--
(i) the delivery of improved service to the public;
(ii) the introduction of new services; and
(iii) the development of new communications technologies.
(4) NON-UNITED STATES GOVERNMENT USE- In determining whether a band
of frequencies meets the criteria specified in subsection (a)(5), the
Secretary shall consider--
(A) the extent to which equipment is commercially available that is capable
of utilizing the band; and
(B) the proximity of frequencies that are already assigned for non-United
States Government use.
(d) PROCEDURE FOR IDENTIFICATION OF REALLOCABLE BANDS OF FREQUENCIES-
(1) SUBMISSION OF REPORTS TO THE PRESIDENT TO IDENTIFY AN INITIAL 50 MHZ TO
BE MADE AVAILABLE IMMEDIATELY FOR REALLOCATION, AND TO PROVIDE PRELIMINARY
AND FINAL REPORTS ON ADDITIONAL FREQUENCIES TO BE REALLOCATED-
(A) Within 3 months after the date of the enactment of this subtitle,
the Secretary shall prepare and submit to the President a report which
specifically identifies an initial 50 MHz of spectrum that are located below
3 GHz, to be made available for reallocation to the Federal Communications
Commission upon issuance of this report, and to be distributed by the
Commission pursuant to competitive bidding procedures.
(B) The Department of Commerce shall make available to the Federal
Communications Commission 50 MHz as identified in subparagraph
(a) of electromagnetic spectrum for allocation of land-mobile or
land-mobile-satellite services. Notwithstanding section 553 of the
Administrative Procedure Act and title III of the Communications Act, the
Federal Communications Commission shall allocate such spectrum and conduct
competitive bidding procedures to complete the assignment of such spectrum
in a manner which ensures that the proceeds from such bidding are received by
the Federal Government no later than September 30, 1992. From such proceeds,
Federal agencies displaced by this transfer of the electromagnetic spectrum
to the Federal Communications Commission shall be reimbursed for reasonable
costs directly attributable to such displacement. The Department of Commerce
shall determine the amount of, and arrange for, such reimbursement. Amounts
to agencies shall be available subject to appropriation Acts.
(C) Within 12 months after the date of the enactment of this subtitle,
the Secretary shall prepare and submit to the President a preliminary
report to identify reallocable bands of frequencies meeting the criteria
established by this section.
(D) Within 24 months after the date of enactment of this subtitle, the
Secretary shall prepare and submit to the President a final report which
identifies the target 200 MHz for reallocation (which shall encompass the
initial 50 MHz previously designated under subparagraph (A)).
(E) The President shall publish the reports required by this section in
the Federal Register.
(2) CONVENING OF PRIVATE SECTOR ADVISORY COMMITTEE- Not later than 12
months after the enactment of this subtitle, the Secretary shall convene
a private sector advisory committee to--
(A) review the bands of frequencies identified in the preliminary report
required by paragraph (1)(C);
(B) advise the Secretary with respect to--
(i) the bands of frequencies which should be included in the final report
required by paragraph (1)(D); and
(ii) the effective dates which should be established under subsection (e)
with respect to such frequencies;
(C) receives public comment on the Secretary's preliminary and final
reports under this subsection; and
(D) prepare and submit the report required by paragraph (4).
The private sector advisory committee shall meet at least quarterly until
each of the actions required by section 305(a) have taken place.
(3) COMPOSITION OF COMMITTEE; CHAIRMAN- The private sector adviser committee
shall include--
(A) the Chairman of the Commission, and the Secretary, or their designated
representatives, and two other representatives from two different United
States Government agencies that are spectrum users, other than the Department
of Commerce, as such agencies may be designated by the Secretary; and
(B) Persons who are representative of--
(i) manufacturers of spectrum-dependent telecommunications equipment;
(ii) commercial users;
(iii) other users of the electromagnetic spectrum; and
(iv) other interested members of the public who are knowledgeable about
the uses of the electromagnetic spectrum to be chosen by the Secretary.
A majority of the members of the committee shall be members described in
subparagraph (B), and one of such members shall be designated as chairman
by the Secretary.
(4) RECOMMENDATIONS ON SPECTRUM ALLOCATION PROCEDURES- The private sector
advisory committee shall, not later than 12 months after its formation,
submit to the Secretary, the Commission, the Committee on Energy and
Commerce of the House of Representatives, and the Committee on Commerce,
Science and Transportation of the Senate, such recommendations as the
committee considers appropriate for the reform of the process of allocating
the electromagnetic spectrum between United States Government users and
non-United States Government users, and any dissenting views thereon.
(e) TIMETABLE FOR REALLOCATION AND LIMITATION- The Secretary shall,
as part of the final report required by subsection (d)(1)(D), include a
timetable for the effective dates by which the President shall, within 15
years after enactment of this subtitle, withdraw or limit assignments on
frequencies specified in the report. The recommended effective dates shall--
(1) permit the earliest possible reallocation of the frequency bands,
taking into account the requirements of section 306(a);
(2) be based on the useful remaining life of equipment that has been
purchased or contracted for to operate on identified frequencies;
(3) be based on the need to coordinate frequency use with other nations; and
(4) avoid the imposition of incremental costs on the United States
Government directly attributable to the loss of the use of frequencies or
the changing to different frequencies that are excessive in relation to
the benefits that may be obtained from non-United States Government uses
of the reassigned frequencies.
SEC. 305. WITHDRAWAL OF ASSIGNMENT TO UNITED STATES GOVERNMENT STATIONS.
(a) IN GENERAL- The President shall--
(1) within 3 months after receipt of the Secretary's report under section
304(d)(1)(A), withdraw or limit the assignment to a United States Government
station of any frequency on the initial 50 MHz which that report recommends
for immediate reallocation;
(2) with respect to other frequencies recommended for reallocation by
the Secretary's report in section 304(d)(1)(D), by the effective dates
recommended pursuant to section 304(e) (except as provided in subsection
(b)(4) of this section), withdraw or limit the assignment to a United
States Government station of any frequency which that report recommends
be reallocated or available for mixed use on such effective dates;
(3) assign or reassign other frequencies to United States Government stations
as necessary to adjust to such withdrawal or limitation of assignments; and
(4) publish in the Federal Register a notice and description of the actions
taken under this subsection.
(b) EXCEPTIONS-
(1) AUTHORITY TO SUBSTITUTE- If the President determines that a circumstance
described in section 305(b)(2) exists, the President--
(A) may, within 1 month after receipt of the Secretary's report under
section 304(d)(1)(A), and within 6 months after receipt of the Secretary's
report under section 304(d)(1)(D), substitute an alternative frequency
or band of frequencies for the frequency or band that is subject to such
determination and withdraw (or limit) the assignment of that alternative
frequency or band in the manner required by subsection (a); and
(B) shall publish in the Federal Register a statement of the reasons for
taking the action described in subparagraph (A).
(2) GROUNDS FOR SUBSTITUTION- For purposes of paragraph (1), the following
circumstances are described in this paragraph:
(A) the reassignment would seriously jeopardize the national security
interests of the United States;
(B) the frequency proposed for reassignment is uniquely suited to meeting
important United States Governmental needs;
(C) the reassignment would seriously jeopardize public health or safety; or
(D) the reassignment will result in incremental costs to the United States
Government that are excessive in relation to the benefits that may be
obtained from non-United States Government uses of the reassigned frequency.
(3) CRITERIA FOR SUBSTITUTED FREQUENCIES- For purposes of paragraph (1),
a frequency may not be substituted for a frequency identified by the final
report of the Secretary under section 304(d)(1)(D) unless the substituted
frequency also meets each of the criteria specified by section 304(a).
(4) DELAYS IN IMPLEMENTATION- If the President determines that any action
cannot be completed by the effective dates recommended by the Secretary
pursuant to section 304(e), or that such an action by such date would
result in a frequency being unused as a consequence of the Commission's
plan under section 306, the President may--
(A) withdraw or limit the assignment to United States Government stations
on a later date that is consistent with such plan, by providing notice to
that effect in the Federal Register, including the reason that withdrawal
at a later date is required; or
(B) substitute alternative frequencies pursuant to the provisions of
this subsection.
(c) COSTS OF WITHDRAWING FREQUENCIES ASSIGNED TO THE UNITED STATES
GOVERNMENT; APPROPRIATIONS AUTHORIZED- Any United States Government licensee,
or non-United States Government entity operating on behalf of a United
States Government licensee, that is displaced from a frequency pursuant
to this section may be reimbursed not more than the incremental costs it
incurs, in such amounts as provided in advance in appropriation Acts,
that are directly attributable to the loss of the use of the frequency
pursuant to this section. The estimates of these costs shall be prepared
by the affected agency, in consultation with the Department of Commerce.
(d) There are authorized to be appropriated to the affected licensee agencies
such sums as may be necessary to carry out the purposes of this section.
SEC. 306. DISTRIBUTION OF FREQUENCIES BY THE COMMISSION.
(a) Plans Submitted-
(1) With respect to the initial 50 MHz to be reallocated from United States
Government to non-United States Government use under section 304(d)(1)(A),
not later than 6 months after enactment of this subtitle, the Commission
shall complete a public notice and comment proceeding regarding the
allocation of this spectrum and shall form a plan to assign such spectrum
pursuant to competitive bidding procedures, pursuant to section 308,
during fiscal years 1994 through 1996.
(2) With respect to the remaining spectrum to be reallocated from United
States Government to non-United States Government use under section
304(e), not later than 2 years after issuance of the report required by
section 304(d)(1)(D), the Commission shall complete a public notice and
comment proceeding; and the Commission shall, after consultation with the
Secretary, prepare and submit to the President a plan for the distribution
under the Communications Act of the frequency bands reallocated pursuant
to the requirements of this subtitle. Such plan shall--
(A) not propose the immediate distribution of all such frequencies, but,
taking into account the timetable recommended by the Secretary pursuant
to section 304(e), shall propose--
(i) gradually to distribute the frequencies remaining, after making the
reservation required by subparagraph (ii), over the course of a 10-year
period beginning on the date of submission of such plan; and
(ii) to reserve a significant portion of such frequencies for distribution
beginning after the end of such 10-year period;
(B) contain appropriate provisions to ensure--
(i) the availability of frequencies for new technologies and services
in accordance with the policies of section 7 of the Communications Act
(47 U.S.C. 157); and
(ii) the availability of frequencies to stimulate the development of such
technologies; and
(C) not prevent the Commission from allocating bands of frequencies for
specific uses in future rulemaking proceedings.
(b) AMENDMENT TO THE COMMUNICATIONS ACT- Section 303 of the Communications
Act is amended by adding at the end thereof the following new subsection:
`(u) Have authority to assign the frequencies reallocated from United
States Government use to non-United States Government use pursuant to the
Emerging Telecommunications Technologies Act of 1991, except that any such
assignment shall expressly be made subject to the right of the President
to reclaim such frequencies under the provisions of section 307 of the
Emerging Telecommunications Technologies Act of 1991.'.
SEC. 307. AUTHORITY TO RECLAIM REASSIGNED FREQUENCIES.
(a) AUTHORITY OF PRESIDENT- The President may reclaim reallocated frequencies
for reassignment to United States Government stations in accordance with
this section.
(b) PROCEDURE FOR RECLAIMING FREQUENCIES-
(1) UNASSIGNED FREQUENCIES- If the frequencies to be reclaimed have not
been assigned by the Commission, the President may reclaim them based on
the grounds described in section 305(b)(2).
(2) ASSIGNED FREQUENCIES- If the frequencies to be reclaimed have been
assigned by the Commission, the President may reclaim them based on the
grounds described in section 305(b)(2), except that the notification
required by section 305(b)(1) shall include--
(A) a timetable to accommodate an orderly transition for licensees to
obtain new frequencies and equipment necessary for their utilization; and
(B) an estimate of the cost of displacing the licensees.
(c) COSTS OF RECLAIMING FREQUENCIES- Any non-United States Government
licensee that is displaced from a frequency pursuant to this section shall
be reimbursed the incremental costs it incurs that are directly attributable
to the loss of the use of the frequency pursuant to this section.
(d) EFFECT ON OTHER LAW- Nothing in this section shall be construed to
limit or otherwise affect the authority of the President under section
706 of the Communications Act (47 U.S.C. 606).
SEC. 308. COMPETITIVE BIDDING.
(a) COMPETITIVE BIDDING AUTHORIZED- Section 309 of the Communications Act
is amended by adding the following new subsection:
`(j)(1)(A) The Commission shall use competitive bidding for awarding all
initial licenses or new construction permits, including licenses and
permits for spectrum reallocated for non-United States Government use
pursuant to the Emerging Telecommunications Technologies Act of 1991,
subject to the exclusions listed in paragraph (2).
`(B) The Commission shall require potential bidders to file a first-stage
application indicating an intent to participate in the competitive bidding
process and containing such other information as the Commission finds
necessary. After conducting the bidding, the Commission shall require the
winning bidder to submit a second-stage application. Upon determining that
such application is acceptable for filing and that the applicant is qualified
pursuant to subparagraph (C), the Commission shall grant a permit or license.
`(C) No construction permit or license shall be granted to an applicant
selected pursuant to subparagraph (B) unless the Commission determines that
such applicant is qualified pursuant to section 308(b) and subsection (a)
of this section, on the basis of the information contained in the first-
and second-stage applications submitted under subparagraph (B).
`(D) Each participant in the competitive bidding process is subject to
the schedule of changes contained in section 8 of this Act.
`(E) The Commission shall have the authority in awarding construction
permits or licenses under competitive bidding procedures to (i) define the
geographic and frequency limitations and technical requirements, if any,
of such permits or licenses; (ii) establish minimum acceptable competitive
bids; and (iii) establish other appropriate conditions on such permits
and licenses that will serve the public interest.
`(F) The Commission, in designing the competitive bidding procedures under
this subsection, shall study and include procedures--
`(i) to ensure bidding access for small and rural companies,
`(ii) if appropriate, to extend the holding period for winning bidders
awarded permits or licenses, and
`(iii) to expand review and enforcement requirements to ensure that winning
bidders continue to meet their obligations under this Act.
`(G) The Commission shall, within 6 months after enactment of the Emerging
Telecommunications Technologies Act of 1991, following public notice and
comment proceedings, adopt rules establishing competitive bidding procedures
under this subsection, including the method of bidding and the basis for
payment (such as flat fees, fixed or variable royalties, combinations
of flat fees and royalties, or other reasonable forms of payment); and a
plan for applying such competitive bidding procedures to the initial 50 MHz
reallocated from United States Government to non-United States Government use
under section 304(d)(1)(A) of the Emerging Telecommunications Technologies
Act of 1991, to be distributed during the fiscal years 1994 through 1996.
`(2) Competitive bidding shall not apply to--
`(A) license renewals;
`(B) the United States Government and State or local government entities;
`(C) amateur operator services, over-the-air terrestrial radio and
television broadcast services, public safety services, and radio astronomy
services;
`(D) private radio end-user licenses, such as Specialized Mobile Radio
Service (SMRS), maritime, and aeronautical end-user licenses;
`(E) any license grant to a non-United States Government licensee being
moved from its current frequency assignment to a different one by the
Commission in order to implement the goals and objectives underlying the
Emerging Telecommunications Technologies Act of 1991;
`(F) any other service, class of services, or assignments that the Commission
determines, after conducting public comment and notice proceedings,
should be exempt from competitive bidding because of public interest
factors warranting an exemption; and
`(G) small businesses, as defined in section 3(a)(1) of the Small Business
Act.
`(3) In implementing this subsection, the Commission shall ensure that
current and future rural telecommunications needs are met and that existing
rural licensees and their subscribers are not adversely affected.
`(4) Monies received from competitive bidding pursuant to this subsection
shall be deposited in the general fund of the United States Treasury.'.
(b) RANDOM SELECTION NOT TO APPLY WHEN COMPETITIVE BIDDING REQUIRED-
Section 309(i)(1) of the Communications Act is amended by striking the
period after the word `selection' and inserting `, except in instances
where competitive bidding procedures are required under subsection (j).'.
(c) SPECTRUM ALLOCATION DECISIONS- Section 303 of the Communications Act
is amended by adding the following new subsection:
`(v) In making spectrum allocation decisions among services that are subject
to competitive bidding, the Commission is authorized to consider as one
factor among others taken into account in making its determination, the
relative economic values and other public interest benefits of the proposed
uses as reflected in the potential revenues that would be collected under
its competitive bidding procedures.'.
SEC. 309. DEFINITIONS.
As used in this subtitle:
(1) The term `allocation' means an entry in the National Table of Frequency
Allocations of a given frequency band for the purpose of its use by one
or more radiocommunications services.
(2) The term `assignment' means an authorization given by the Commission or
the United States Government for a radio station to use a radio frequency
or radio frequency channel.
(3) The term `Commission' means the Federal Communications Commission.
(4) The term `Communications Act' means the Communications Act of 1934
(47 U.S.C. 151 et seq.).
(5) The term `Secretary' means the Secretary of Commerce.
Subtitle B--Rescission of Unnecessary Spending
SEC. 311. INTERIOR AND RELATED AGENCIES APPROPRIATIONS.
(a) RESCISSION- There are rescinded--
(1) the amounts listed in subsection (b), which were set aside or otherwise
made available out of appropriations made by the Department of the Interior
and Related Agencies Appropriations Act, 1991 (Public Law 101-512; 104
Stat. 1915); and
(2) the underlying appropriations for the amounts, after application of
section 325 of such Act to the underlying appropriations.
(b) AMOUNTS- Except to the extent obligated, the amounts rescinded by
subsection (a) are as follows:
(1) $2,000,000 for Native Hawaiian Culture and Arts, to develop and
stimulate sales of Native Hawaiian handicrafts (Conference Report to
accompany H.R. 5769, House Report 101-971, page 29).
(2) $13,000,000 for the planning and construction of certain Federal and
non-Federal projects at America's Industrial Heritage Park, Pennsylvania
(Conference Report to accompany H.R. 5769, House Report 101-971, page 31).
(3) $500,000 for the construction of a museum at the Cordell Hull residence
in Tennessee (Conference Report to accompany H.R. 5769, House Report 101-971,
page 31).
(4) $4,500,000 for the restoration of the Keith Albee Theatre, Huntington,
West Virginia (Department of the Interior and Related Agencies Appropriations
Act, 1991 (104 Stat. 1921).
(5) $11,000,000 for the rehabilitation of locomotive artifacts at Steamtown,
Pennsylvania (Conference Report to accompany H.R. 5769, House Report 101-971,
page 33).
SEC. 312. TRANSPORTATION AND RELATED AGENCIES APPROPRIATIONS.
(a) RESCISSION- There are rescinded--
(1) the amounts listed in subsection (b), which were set aside or otherwise
made available out of appropriations made by the Department of Transportation
and Related Agencies Appropriations Act, 1991 (Public Law 101-516; 104
Stat. 2155); and
(2) the underlying appropriations for the amounts.
(b) AMOUNTS- Except to the extent obligated, the amounts rescinded by
subsection (a) are as follows:
(1) $850,000 for a bicycle transportation project in Macomb County, Michigan
(Conference Report to accompany H.R. 5229, House Report 101-892, page 29).
(2) $1,700,000 for Biscayne Boulevard renovation in Miami, Florida
(Conference Report to accompany H.R. 5229, House Report 101-892, page 31).
SEC. 313. HOUSING AND URBAN DEVELOPMENT APPROPRIATIONS.
(a) RESCISSION- There are rescinded--
(1) the amounts listed in subsection (b), which were set aside or otherwise
made available out of appropriations made by the Departments of Veterans
Affairs and Housing and Urban Development, and Independent Agencies
Appropriations Act, 1991; and
(2) the underlying appropriations for the amounts.
(b) AMOUNTS- Except to the extent obligated, the amounts rescinded by
subsection (a) are $995,000 for a performing arts and cultural center
in North Miami Beach, Florida (Conference Report to accompany H.R. 5158,
House Report 101-900, page 18).
SEC. 314. FOREIGN OPERATIONS APPROPRIATIONS.
(a) RESCISSION- There are rescinded--
(1) the amounts listed in subsection (b), which were set aside or otherwise
made available out of appropriations made by the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1991; and
(2) the underlying appropriations for the amounts.
(b) AMOUNTS- Except to the extent obligated, the amounts rescinded by
subsection (a) are as follows:
(1) $20,000,000 for the International Fund for Ireland (Conference Report
to accompany H.R. 5114, House Report 101-968, page 55).
(2) $10,000,000 to retire the debt owed by the University of Central
America to the Inter-American Development Bank (Conference Report to
accompany H.R. 5114, House Report 101-968, page 54).
SEC. 315. LEGISLATIVE BRANCH APPROPRIATIONS.
(a) RESCISSION- There are rescinded--
(1) the amounts listed in subsection (b), which were set aside or
otherwise made available out of appropriations made by the Legislative
Branch Appropriations Act, 1991 (Public Law 101-520; 104 Stat. 2254); and
(2) the underlying appropriations for the amounts.
(b) AMOUNTS- Except to the extent obligated, the amounts rescinded by
subsection (a) are as follows:
(1) $25,000 for the layout of fitness facilities for House office buildings
(Committee Report to accompany H.R. 5399, House Report 101-648, page 26).
(2) $6,000,000 to upgrade the Senate subway system (Senate Report 101-533,
page 28).
(3) $1,000,000 for modular furniture for Senate office buildings (Senate
Report 101-533, page 28).
SEC. 316. RURAL DEVELOPMENT AND AGRICULTURE APPROPRIATIONS.
(a) RESCISSION- There are rescinded--
(1) the amounts listed in subsection (b), which were set aside or otherwise
made available out of appropriations made by the Rural Development,
Agriculture, and Related Agencies Appropriations Act, 1991 (Public Law
101-506; 104 Stat. 1315); and
(2) the underlying appropriations for the amounts.
(b) AMOUNTS- Except to the extent obligated, the amounts rescinded by
subsection (a) are $167,000 for a fish farming station in Stuttgart,
Arkansas (Conference Report to accompany H.R. 5268, House Report 101-907,
pages 11 and 12).
SEC. 317. DEFENSE APPROPRIATIONS.
(a) RESCISSION- There are rescinded--
(1) the amounts listed in subsection (b), which were set aside or otherwise
made available out of appropriations made by the Department of Defense
Appropriations Act, 1991 (Public Law 101-511; 104 Stat. 1856); and
(2) the underlying appropriations for the amounts.
(b) AMOUNTS- Except to the extent obligated, the amounts rescinded
by subsection (a) are $5,000,000 for the design and construction of
a parliament building in the Solomon Islands (Section 8099(a) of the
Department of Defense Appropriations Act, 1991 (104 Stat. 1897)).
Subtitle C--Presidential Authority To Ensure Budget Neutrality
SEC. 321. AUTHORITY TO SEQUESTER FOREIGN ASSISTANCE APPROPRIATIONS.
(a) IN GENERAL- If the President determines that the new outlays resulting
from the preceding provisions of this Act in fiscal year 1992 exceed
the sum of the reduction in outlays and increase in receipts resulting
from such provisions in such fiscal year, the President shall issue an
order implementing the cancellation of budgetary resources provided for
fiscal year 1992 for budget accounts included in the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1992 (H.R. 2621,
as passed by the House of Representatives on June 19, 1991).
(b) LIMITATION- The total budgetary resources canceled under subsection
(a) shall not exceed the lower of--
(1) the excess outlays described in such subsection, or
(2) 30 percent of the total budgetary resources described in such subsection.
SEC. 322. AUTHORITY TO SEQUESTER LEGISLATIVE BRANCH APPROPRIATIONS.
(a) 1-YEAR CANCELLATION OF CONGRESSIONAL PAY RAISE- If the President
determines that the new outlays resulting from the preceding provisions of
this Act in fiscal year 1992 exceed the sum of the reduction in outlays and
increase in receipts resulting from such provisions (including section 321)
in such fiscal year, the President shall issue an order implementing the
cancellation for fiscal year 1992 of any increase made by the Ethics Reform
Act of 1989 (Public Law 101-194; 103 Stat. 1716) and the Legislative Branch
Appropriations Act, 1992 (Public Law 102-90; 105 Stat. 447) in the rate
of pay for the majority and minority leaders of the Senate and the House
of Representatives, the President pro tempore of the Senate, Senators,
Members of the House of Representatives, the Resident Commissioner from
Puerto Rico, and Delegates to the House of Representatives.
(b) 1-YEAR BAN ON CONGRESSIONAL FOREIGN TRAVEL- If the President determines
that the new outlays resulting from the preceding provisions of this
Act in fiscal year 1992 exceed the sum of the reduction in outlays and
increase in receipts resulting from such provisions (including subsection
(a)) in such fiscal year, the President shall issue an order implementing
the cancellation of budgetary resources provided for congressional foreign
travel for fiscal year 1992 by the Legislative Branch Appropriations Act,
1992 (Public Law 102-90; 105 Stat. 447).
(c) CONGRESSIONAL OPERATIONS APPROPRIATIONS-
(1) IN GENERAL- If the President determines that the new outlays resulting
from the preceding provisions of this Act in fiscal year 1992 exceed the sum
of the reduction in outlays and increase in receipts resulting from such
provisions (including subsection (b)) in such fiscal year, the President
shall issue an order implementing the cancellation of budgetary resources
provided for congressional operations for fiscal year 1992 by the Legislative
Branch Appropriations Act, 1992 (Public Law 102-90; 105 Stat. 447).
(2) LIMITATION- The total budgetary resources canceled under paragraph
(1) shall not exceed the lower of--
(A) the excess outlays described in such paragraph, or
(B) 30 percent of the total budgetary resources described in such paragraph.
(d) RESTRICTION- The President may cancel budgetary resources under
subsection (a), (b), or (c) only after obtaining the recommendations of
the Speaker of the House of Representatives and the Majority Leader of
the Senate.
Subtitle D--Budgetary Treatment
SEC. 331. TREATMENT OF RESCISSIONS AND SEQUESTERS.
All reductions in budgetary resources made by subtitles A through C of this
title shall be considered to be reductions in direct spending accounts
for purposes of applying sections 251 and 252 of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Introduced in House
Introduced in House
Referred to the House Committee on Appropriations.
Referred to the House Committee on Education and Labor.
Referred to the House Committee on Government Operations.
Referred to the House Committee on House Administration.
Referred to the House Committee on Energy and Commerce.
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Legislation and National Security.
Referred to the Subcommittee on Human Resources.
Referred to the Subcommittee on Telecommunications and Finance.
See H.R.531.
Referred to the Subcommittee on Personnel and Police.
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Referred to the Subcommittee on Employment Opportunities.