SECTION 1. SHORT TITLE. This Act may be cited as the ``United States-Japan Trade Equalizing Act of 1993''. TITLE I--FINDINGS AND DEFINITIONS SEC. 101. FINDINGS, PURPOSE, AND DISCLAIMERS. (a) Findings.--The Congress makes the following findings: (1) The United States trade deficit with Japan has increased substantially over the past decade. In 1991, the United States trade deficit with Japan was $43,400,000,000. The trade deficit increased by 14 percent in 1 year, to over $49,400,000,000 by the end of 1992. (2) The traditional domestic motor vehicle and motor vehicle parts sector directly employs more than 1 million workers and indirectly employs several million more. The workers are skilled, hard working, productive, capable, and proud of their work. The workers and their employers have achieved great improvements in quality, performance, fuel economy, safety, and design of domestic motor vehicles. (3) The domestic motor vehicle and motor vehicle parts sector directly and indirectly accounts for about 12 percent of our gross national product and generates more than $200,000,000,000 a year in revenue. (4) The domestic motor vehicle and motor vehicle parts sector is a major consumer of steel, glass, textiles, rubber, aluminum, machine tools, chemicals, electronics, and other important products. (5) Recognizing the competitive pressures facing the motor vehicle industry, Japan has operated under a voluntary export restraint arrangement since 1981 that has not been recognized or enforced by the United States Government. (6) Since 1986 the United States Government has engaged, with little result, in a negotiating process with the Government of Japan to obtain fair access to the markets of that nation for United States producers of motor vehicle parts and manufacturers of motor vehicles. (7) Despite these negotiating efforts, in 1992 the United States posted a $49,400,000,000 trade deficit with Japan of which over $30,000,000,000 was accounted for by the automotive sector deficit ($9,800,000,000 of which was attributable to motor vehicle parts), and there is little evidence that the Japanese Government is seriously trying to eliminate such deficits which are detrimental to the United States economy and jobs. (8) In addition to transplant assembly facilities in the United States that are owned or controlled by Japanese persons, motor vehicles and motor vehicle parts are being imported from Japan into the United States in such increased quantities and under such conditions as to cause, or threaten to cause, serious injury to domestic manufacturers of like or directly competitive products and to the domestic workers producing such products. (9) In the last 5 years, transplant assembly facilities in the United States that are owned or controlled by persons from Japan have not shifted significantly their procurement to traditional United States producers of motor vehicle parts, as illustrated by the fact that-- (A) the United States automotive parts trade deficit with Japan grew between 1985 and 1990 at an annual average rate of 17 percent and totaled $9,800,000,000 in 1992; and (B) only 12.5 percent of the customs value of vehicles manufactured in such transplant facilities in the United States is based on parts produced by traditional United States motor vehicle parts producers, while 35.1 percent of such value is based on imports from Japan and 32.4 percent of such value is based on purchases from Japanese-affiliated parts producers located in the United States. (10) The pattern of procurement described in paragraph (9) has contributed significantly to the overall United States merchandise trade deficit with Japan. (11) The continuation of current procurement practices by automobile companies owned or controlled by persons from Japan and the increased production of vehicles by transplant facilities in the United States is projected to result in a 110 percent (or $21,990,000,000) increase in the United States motor vehicle parts trade deficit by 1994. (12) Aftermarket parts are likely to account for 50 percent of the motor vehicle parts trade deficit with Japan by 1994 because transplant facilities are not purchasing sufficient quantities of original equipment from United States suppliers. (13) Traditional United States motor vehicle parts manufacturers are particularly underrepresented in the production of motor vehicles produced by transplant facilities in the United States in the following 3 major, high value-added vehicle systems: (A) Engines. (B) Transmissions. (C) Body structures. (14) In the 1991 National Trade Estimates Report, the United States Trade Representative listed ``close and durable relationships'' between Japanese motor vehicle makers and suppliers as a barrier to United States motor vehicle parts sales in Japan. (15) The market share of Japanese motor vehicle manufacturers in the European Community is currently 10 percent while their market share in the United States is about 35 percent. (16) The European Community has negotiated an understanding with the Government of Japan limiting the market share of motor vehicles produced by Japanese motor vehicle manufacturing companies both in Japan and in the European Community to less than 16 percent until the year 2000. (17) The home market for motor vehicles and motor vehicle parts in Japan remains largely closed to all foreign manufacturers whose combined market share equals no more than 3 percent. (18) Japan's nontariff market barriers include onerous inspection and certification systems that discriminate against foreign-made motor vehicles and motor vehicle parts, a tax system that discriminates against foreign-made products, closed distribution systems and dealer networks, and government- tolerated ``Keiretsu'' relationships involving motor vehicle and motor vehicle parts manufacturers and dealers. At the same time, Japanese firms enjoy open markets in the United States with no limitations or discrimination. (b) Purpose.--The purpose of this Act is to decrease the merchandise trade deficit of the United States with Japan by providing for a staged merchandise trade deficit reduction over a 5-year period. (c) Congressional Disclaimers.--It is the intent of Congress that this Act shall not be deemed to modify or amend the terms or conditions of any international treaty, convention, or agreement that may be applicable to motor vehicles and motor vehicle parts and to which the United States, on the date of the enactment of this Act, is a party, including, but not limited to, the terms or conditions of any such treaty, convention, or agreement which provide for the resolution of conflicts between the parties thereto. Nothing in this Act shall be construed (1) to confer jurisdiction upon any court of the United States to consider and resolve such conflicts, or (2) to alter or amend any law existing on the date of the enactment of this Act which may confer such jurisdiction in such courts. SEC. 102. DEFINITIONS. For purposes of this Act: (1) Motor vehicle and motor vehicle parts.-- (A) The term ``motor vehicle'' means any article of a kind described in heading 8703 or 8704 of the Harmonized Tariff Schedule of the United States. (B) The term ``motor vehicle parts'' means any article of a kind described in the following provisions of the Harmonized Tariff Schedule of the United States if suitable for use in the manufacture or repair of motor vehicles: (i) Subheadings 8407.31.00 through 8407.34.20 (relating to spark-ignition reciprocating or rotary internal combustion piston engines). (ii) Subheading 8408.20 (relating to the compression-ignition internal combustion engines). (iii) Subheading 8409 (relating to parts suitable for use solely or principally with engines described in clauses (i) and (ii)). (iv) Subheading 8483 (relating to transmission shafts and related parts). (v) Subheadings 8706.00.10 and 8706.00.15 (relating to chassis fitted with engines). (vi) Heading 8707 (relating to motor vehicle bodies). (vii) Heading 8708 (relating to bumpers, brakes and servo brakes, gear boxes, drive axles, nondriving axles, road wheels, suspension shock absorbers, radiators, mufflers and exhaust pipes, clutches, steering wheels, steering columns, steering boxes, and other parts and accessories of motor vehicles). The Secretary shall by regulation include as motor vehicle parts such other articles (described by classification under such Harmonized Tariff Schedule) that the Secretary considers appropriate for the purposes of this Act. (C)(i) The term ``Japanese motor vehicle'' means a motor vehicle which is the product of Japan. (ii) The term ``Japanese motor vehicle part'' means a motor vehicle part which is the product of Japan. (2) Entered.--The term ``entered'' means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. (3) Import restriction implementation period.--The term ``import restriction implementation period'' means a calendar year which-- (A) occurs after 1994 and before calendar year 2001, and (B) follows a calendar year with respect to which the Secretary finds, under section 201(b), that the trade deficit reduction target was not met. (4) Interstate sale.--The term ``interstate sale'' means sale or distribution in the interstate commerce of the United States. (5) Baseline deficit.--(A) The term ``baseline deficit'' means the average monthly merchandise trade deficit, as computed by the Secretary, of the United States with Japan during calendar year 1993. (B) In computing merchandise trade deficits under this section, the value of bilateral trade between the United States and Japan in-- (i) crude petroleum; and (ii) nonmonetary gold; shall not be included. (6) Secretary.--The term ``Secretary'' means the Secretary of Commerce. (7) Trade representative.--The term ``Trade Representative'' means the United States Trade Representative. TITLE II--MERCHANDISE TRADE DEFICIT REDUCTION SEC. 201. STAGED TRADE DEFICIT REDUCTION. (a) Trade Deficit Reduction Targets.-- (1) In general.--The trade deficit reduction target for each of the calendar years listed below is an average monthly merchandise trade deficit of the United States with Japan during such year that does not exceed an amount that equals the applicable percentage of the baseline deficit that appears opposite such year: Calendar year Applicable percentage of baseline deficit 1994.......................................... 80 percent 1995.......................................... 60 percent 1996.......................................... 40 percent 1997.......................................... 20 percent 1998.......................................... 0 percent (2) Special rule for 1998.--For calendar year 1998, the 0 percent trade deficit reduction target shall be treated as having been met if the merchandise trade deficit of the United States with Japan during such year does not exceed-- (A) an amount equal to 5 percent of the value of the aggregate bilateral merchandise trade between the United States and Japan during such year; or (B) $5,000,000,000. (b) Computations.-- (1) In general.--Not later than January 1 following each calendar year listed in subsection (a)(1), the Secretary shall compute whether the trade deficit reduction target for such year was met. (2) Announcement of import restriction implementation period.--If the Secretary finds under paragraph (1) that the trade deficit reduction target specified under subsection (a) for a calendar year was not met, the Secretary shall announce, by publication in the Federal Register, that the import restriction implementation period is in effect beginning on January 1 of the year after the year to which the finding applies. SEC. 202. COMPUTATION OF IMPORT RESTRICTIONS IF TRADE DEFICIT REDUCTION TARGET NOT MET. (a) In General.--On January 1 of the first calendar year (and each calendar year thereafter) for which an import restriction implementation period is in effect, the Secretary shall compute and publish in the Federal Register the quantitative import restrictions for such calendar year. (b) Computation.-- (1) In general.--For purposes of subsection (a), the term ``quantitative import restrictions'' means the aggregate quantity of Japanese motor vehicles and the aggregate quantity of Japanese motor vehicle parts that may be entered into the United States (in accordance with paragraph (2) or (3)) for a calendar year described in subsection (a). (2) First year restrictions.--The aggregate quantity of Japanese motor vehicles and Japanese motor vehicle parts that may be entered into the United States, during the first calendar year for which an import restriction implementation period is in effect, may not exceed the aggregate quantity of such motor vehicles and the aggregate quantity of such motor vehicle parts entered into the United States during 1993, reduced by 20 percent. (3) Subsequent years.--In the case of any calendar year for which an import restriction period is in effect after the first such calendar year, the aggregate quantity of Japanese motor vehicles and Japanese motor vehicle parts that may be entered into the United States shall not exceed the amount of such motor vehicles and motor vehicle parts entered during the most recent preceding calendar year for which an import restriction implementation period was in effect, reduced by 20 percent. (4) Administration.--In order to prevent import surging or to otherwise ensure the efficient administration of this Act, the Secretary may impose temporary quantitative import restrictions on Japanese motor vehicles and Japanese motor vehicle parts entered during the first 3 months of a calendar year in an import restriction implementation period. SEC. 203. REPORTS. Within 30 days after a computation is made under section 201 or 202 with respect to a calendar year, the Secretary shall submit to the Congress a report setting forth the bases of the computation. SEC. 204. SENSE OF CONGRESS REGARDING ACHIEVEMENT OF MERCHANDISE TRADE DEFICIT REDUCTION TARGETS. It is the sense of the Congress that representatives of the United States and Japanese Governments should undertake continuing discussions regarding the means and measures, to be selected by the Japanese Government, to achieve the merchandise trade deficit reduction targets required under section 201(a). During the discussions, the Trade Representative should particularly address market access priorities for United States exports to Japan.

Summary: TABLE OF CONTENTS: Title I: Findings and Definitions Title II: Merchandise Trade Deficit Reduction United States-Japan Trade Equalizing Act of 1993 - Title I: Findings and Definitions - Sets forth congressional findings and purposes with respect to access to Japanese markets by U.S. manufacturers of motor vehicles and motor vehicle parts. Title II: Merchandise Trade Deficit Reduction - Sets forth annual merchandise trade deficit reduction targets with respect to Japan's trade deficit with the United States. Requires the Secretary of Commerce to: (1) compute annually whether the target has been met for each year; (2) publish in the Federal Register that the import restriction implementation period is in effect for the year following the year a target has not been met; and (3) compute annually and publish in the Federal Register the quantitative import restrictions for years in which import restrictions are effective. Prohibits the quantity of Japanese motor vehicles and parts that may be entered into the United States in: (1) the first year in which a restriction is in effect from exceeding the quantity of such vehicles and parts entered during 1993, reduced by 20 percent; and (2) subsequent years from exceeding the quantity entered during the most recent year for which a restriction was in effect, reduced by 20 percent. Authorizes the Secretary to impose temporary quantitative import restrictions on such motor vehicles and parts during the first three months of an import restriction implementation period in order to prevent surging. Expresses the sense of the Congress that representatives of the U.S. and Japanese Governments should undertake continuing discussions regarding the measures to be selected by the Japanese Government to achieve the merchandise trade deficit reduction targets.


SECTION 1. SHORT TITLE. This title may be cited as the ``21st Century Media Responsibility Act of 2001''. SEC. 2. SYSTEM FOR LABELING VIOLENT CONTENT IN AUDIO AND VISUAL MEDIA PRODUCTS. (a) Declaration of Policy.--Section 2 of the Federal Cigarette Labeling and Advertising Act (15 U.S.C. 1331) is amended-- (1) by inserting ``(a) Policy Regarding Cigarettes.--'' before ``It is the policy of the Congress''; and (2) by adding at the end the following: ``(b) Policy Regarding Violence in Audio and Visual Media Products.--It is also the policy of Congress, and the purpose of this Act, to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products (including labeling of such products in the advertisements for such products), whereby-- ``(1) the public may be adequately informed of-- ``(A) the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages; and ``(2) the public may be assured of-- ``(A) the accuracy and consistency of the system in labeling the nature, context, and intensity of depictions of violence in audio and visual media products; and ``(B) the accuracy and consistency of the system in providing information on matters needed to judge the appropriateness of the purchase, viewing, listening to, use, or other consumption of audio and visual media products containing violent content by minors of various ages.''. (b) Labeling of Audio and Visual Media Products.--That Act is further amended by inserting after section 4 (15 U.S.C. 1333) the following new section: ``labeling of audio and visual media products ``Sec. 4A. (a) Voluntary Labeling System.--(1) Manufacturers and producers of interactive video game products and services, video program products, motion picture products, and sound recording products may submit to the Federal Trade Commission a joint proposal for a system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products. ``(2) The proposal under this subsection should, to the maximum extent practicable, meet the requirements set forth in subsection (b). ``(3)(A) The antitrust laws shall not apply to any joint discussion, consideration, review, action, or agreement between or among manufacturers and producers referred to in paragraph (1) for purposes of developing a joint proposal for a system for labeling referred to in that paragraph. ``(B) For purposes of this paragraph, the term `antitrust laws' has the meaning given such term in the first section of the Clayton Act (15 U.S.C. 12) and includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45). ``(b) Requirements for Labeling System.--A system for labeling the violent content in interactive video game products and services, video program products, motion picture products, and sound recording products under this section shall meet the following requirements: ``(1) The label of a product or service shall consist of a single label which-- ``(A) takes into account the nature, context, and intensity of the depictions of violence in the product or service; and ``(B) assesses the totality of all depictions of violence in the product or service. ``(2) The label of a product or service shall specify a minimum age in years for the purchase, viewing, listening to, use, or consumption of the product or service in light of the totality of all depictions of violence in the product or service. ``(3) The format of the label for products and services shall-- ``(A) incorporate each label provided for under paragraphs (1) and (2); ``(B) include a symbol or icon, and written text; and ``(C) be identical for each given label provided under paragraphs (1) and (2), regardless of the type of product or service involved. ``(4) In the case of a product or service sold in a box, carton, sleeve, or other container, the label shall appear on the box, carton, sleeve, or container in a conspicuous manner. ``(5) In the case of a product or service that is intended to be viewed, the label shall-- ``(A) appear before the commencement of the product or service; ``(B) appear in both visual and audio form; and ``(C) appear in visual form for at least five seconds. ``(6) Any advertisement for a product or service shall include a label of the product or service in accordance with the applicable provisions of this subsection. ``(c) Federal Trade Commission Responsibilities.--(1)(A) If the manufacturers and producers referred to in subsection (a) submit to the Federal Trade Commission a proposal for a labeling system referred to in that subsection not later than 180 days after the date of the enactment of the 21st Century Media Responsibility Act of 2001, the Commission shall review the labeling system contained in the proposal to determine whether the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(B) Not later than 180 days after commencing a review of the proposal for a labeling system under subparagraph (A), the Commission shall issue a labeling system for purposes of this section. The labeling system issued under this subparagraph may include such modifications of the proposal as the Commission considers appropriate in order to assure that the labeling system meets the requirements set forth in subsection (b) in a manner that addresses fully the purposes set forth in section 2(b). ``(2)(A) If the manufacturers and producers referred to in subsection (a) do not submit to the Commission a proposal for a labeling system referred to in that subsection within the time provided under paragraph (1)(A), the Commission shall prescribe regulations to establish a labeling system for purposes of this section that meets the requirements set forth in subsection (b). ``(B) Any regulations under subparagraph (A) shall be prescribed not later than one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001. ``(e) Prohibition on Sale or Distribution Without Label.-- Commencing one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001, a person may not manufacture or produce for sale or distribution in commerce, package for sale or distribution in commerce, or sell or distribute in commerce any interactive video game product or service, video program product, motion picture product, or sound recording product unless the product or service bears a label in accordance with the labeling system issued or prescribed by the Federal Trade Commission under subsection (d) which-- ``(1) is appropriate for the nature, context, and intensity of the depictions of violence in the product or service; and ``(2) specifies an appropriate minimum age in years for purchasers and consumers of the product or service. ``(f) Prohibition on Sale in Violation of Age Restriction.-- Commencing one year after the date of the enactment of the 21st Century Media Responsibility Act of 2001, a person may not sell in commerce an interactive video game product or service, video program product, motion picture product, or sound recording product to an individual whose age in years is less than the age specified as the minimum age in years for a purchaser and consumer of the product or service, as the case may be, under the labeling system issued or prescribed by the Federal Trade Commission under subsection (d). ``(g) Investigations of Improper Labeling.--The Federal Trade Commission shall have the authority to receive and investigate allegations that an interactive video game product or service, video program product, motion picture product, or sound recording product does not bear a label under the labeling system issued or prescribed by the Commission under subsection (d) that is appropriate for the product or service, as the case may be, given the nature, context, and intensity of the depictions of violence in the product or service.''. (c) Civil Penalty.--That Act is further amended by inserting after section 10 (15 U.S.C. 1338) the following new section: ``civil penalty ``Sec. 10A. (a) In General.--Any person who violates subsection (e) or (f) of section 4A shall be subject to a civil penalty in an amount not to exceed $10,000 for each such violation. ``(b) Duration of Violation.--In the case of an interactive video game product or service, video program product, motion picture product, or sound recording product determined to violate section 4A(e), each day from the date of the commencement of sale or distribution of the product or service, as the case may be, to the date of the determination of the violation shall constitute a separate violation of subsection (a), and all such violations shall be aggregated together for purposes of determining the total liability of the manufacturer or producer of the product or service, as the case may be, for such violations under that subsection.''. (d) Short Title of Act.--The first section of that Act (15 U.S.C. 1331 note) is amended to read as follows: ``That this Act may be cited as the `Federal Cigarette and Media Violence Labeling and Advertising Act'''.

Summary: 21st Century Media Responsibility Act of 2001 - Amends the Federal Cigarette Labeling and Advertising Act to state that it is the policy of Congress to provide for the establishment, use, and enforcement of a consistent and comprehensive system for labeling violent content in audio and visual media products, including the appropriateness of such products for minors.Authorizes manufacturers and producers of interactive video game, video program, motion picture, and sound recording products to submit to the Federal Trade Commission (FTC) a joint proposal for a system for labeling violent content. Outlines labeling system requirements, including that: (1) such product shall specify a minimum age for purchase and viewing; and (2) the label should appear conspicuously on the product. Directs the FTC to establish its own labeling system if a proposal is not submitted.Prohibits a person from: (1) manufacturing or producing such a product unless it bears a label meeting requirements of this Act; or (2) selling such product to an individual under the minimum age specified under the labeling system.Provides civil penalties for violations.Renames the Federal Cigarette Labeling and Advertising Act as the Federal Cigarette and Media Violence Labeling and Advertising Act.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Amateur Radio Parity Act of 2016''. SEC. 2. FINDINGS. Congress finds the following: (1) More than 730,000 radio amateurs in the United States are licensed by the Federal Communications Commission in the amateur radio services. (2) Amateur radio, at no cost to taxpayers, provides a fertile ground for technical self-training in modern telecommunications, electronics technology, and emergency communications techniques and protocols. (3) There is a strong Federal interest in the effective performance of amateur stations established at the residences of licensees. Such stations have been shown to be frequently and increasingly precluded by unreasonable private land use restrictions, including restrictive covenants. (4) Federal Communications Commission regulations have for three decades prohibited the application to stations in the amateur service of State and local regulations that preclude or fail to reasonably accommodate amateur service communications, or that do not constitute the minimum practicable regulation to accomplish a legitimate State or local purpose. Commission policy has been and is to require States and localities to permit erection of a station antenna structure at heights and dimensions sufficient to accommodate amateur service communications. (5) The Commission has sought guidance and direction from Congress with respect to the application of the Commission's limited preemption policy regarding amateur service communications to private land use restrictions, including restrictive covenants. (6) There are aesthetic and common property considerations that are uniquely applicable to private land use regulations and the community associations obligated to enforce covenants, conditions, and restrictions in deed-restricted communities. These considerations are dissimilar to those applicable to State law and local ordinances regulating the same residential amateur radio facilities. (7) In recognition of these considerations, a separate Federal policy than exists at section 97.15(b) of title 47, Code of Federal Regulations, is warranted concerning amateur service communications in deed-restricted communities. (8) Community associations should fairly administer private land use regulations in the interest of their communities, while nevertheless permitting the installation and maintenance of effective outdoor amateur radio antennas. There exist antenna designs and installations that can be consistent with the aesthetics and physical characteristics of land and structures in community associations while accommodating communications in the amateur radio services. SEC. 3. APPLICATION OF PRIVATE LAND USE RESTRICTIONS TO AMATEUR STATIONS. (a) Amendment of FCC Rules.--Not later than 120 days after the date of the enactment of this Act, the Federal Communications Commission shall amend section 97.15 of title 47, Code of Federal Regulations, by adding a new paragraph that prohibits the application to amateur stations of any private land use restriction, including a restrictive covenant, that-- (1) on its face or as applied, precludes communications in an amateur radio service; (2) fails to permit a licensee in an amateur radio service to install and maintain an effective outdoor antenna on property under the exclusive use or control of the licensee; or (3) does not constitute the minimum practicable restriction on such communications to accomplish the lawful purposes of a community association seeking to enforce such restriction. (b) Additional Requirements.--In amending its rules as required by subsection (a), the Commission shall-- (1) require any licensee in an amateur radio service to notify and obtain prior approval from a community association concerning installation of an outdoor antenna; (2) permit a community association to prohibit installation of any antenna or antenna support structure by a licensee in an amateur radio service on common property not under the exclusive use or control of the licensee; and (3) subject to the standards specified in paragraphs (1) and (2) of subsection (a), permit a community association to establish reasonable written rules concerning height, location, size, and aesthetic impact of, and installation requirements for, outdoor antennas and support structures for the purpose of conducting communications in the amateur radio services. SEC. 4. AFFIRMATION OF LIMITED PREEMPTION OF STATE AND LOCAL LAND USE REGULATION. The Federal Communications Commission may not change section 97.15(b) of title 47, Code of Federal Regulations, which shall remain applicable to State and local land use regulation of amateur service communications. SEC. 5. DEFINITIONS. In this Act: (1) Community association.--The term ``community association'' means any non-profit mandatory membership organization composed of owners of real estate described in a declaration of covenants or created pursuant to a covenant or other applicable law with respect to which a person, by virtue of the person's ownership of or interest in a unit or parcel, is obligated to pay for a share of real estate taxes, insurance premiums, maintenance, improvement, services, or other expenses related to common elements, other units, or any other real estate other than the unit or parcel described in the declaration. (2) Terms defined in regulations.--The terms ``amateur radio services'', ``amateur service'', and ``amateur station'' have the meanings given such terms in section 97.3 of title 47, Code of Federal Regulations. Passed the House of Representatives September 12, 2016. Attest: KAREN L. HAAS, Clerk.

Summary: (This measure has not been amended since it was reported to the House on September 9, 2016. Amateur Radio Parity Act of 2016 (Sec. 3) This bill directs the Federal Communications Commission (FCC) to amend station antenna structure regulations to prohibit a private land use restriction from applying to amateur radio stations if the restriction: precludes communications in an amateur radio service, fails to permit a licensee of amateur radio service to install and maintain an effective outdoor antenna on property under its exclusive use or control, or is not the minimum practicable restriction to accomplish the lawful purposes of a community association seeking to enforce the restriction. Before installing an outdoor antenna, however, an amateur radio licensee must obtain a community association's prior approval. A community association may: (1) prohibit installations on common property not under the exclusive control of the licensee, and (2) establish installation rules for amateur radio antennas and support structures.


SECTION 1. TABLE OF CONTENTS. The table of contents of this Act is as follows: Section 1. Table of contents. TITLE I--DOROTHY BUELL MEMORIAL VISITOR CENTER Sec. 101. Short title. Sec. 102. Definitions. Sec. 103. Memorandum of understanding. Sec. 104. Lease agreement. Sec. 105. Authorization of appropriations. TITLE II--PUBLIC LAND TECHNICAL AMENDMENTS Sec. 201. Short title. Sec. 202. Gaylord Nelson Wilderness. Sec. 203. Arlington House land transfer. Sec. 204. Cumberland Island Wilderness. Sec. 205. Petrified Forest boundary. Sec. 206. Commemorative works. TITLE I--DOROTHY BUELL MEMORIAL VISITOR CENTER SEC. 101. SHORT TITLE. This title may be cited as the ``Dorothy Buell Memorial Visitor Center Lease Act''. SEC. 102. DEFINITIONS. In this title: (1) Commission.--The term ``Commission'' means the Porter County Convention, Recreation and Visitor Commission. (2) Lakeshore.--The term ``Lakeshore'' means the Indiana Dunes National Lakeshore. (3) Lakeshore center.--The term ``Lakeshore Center'' means the visitor center for the Lakeshore authorized under section 104(a). (4) Memorial center.--The term ``Memorial Center'' means the Dorothy Buell Memorial Visitor Center located south of the Lakeshore boundary on Indiana Route 49. (5) Secretary.--The term ``Secretary'' means the Secretary of the Interior. SEC. 103. MEMORANDUM OF UNDERSTANDING. (a) In General.--The Secretary may enter into a memorandum of understanding with the Commission to establish a joint partnership with respect to the management of the Memorial Center. (b) Requirements.--The memorandum of understanding shall-- (1) identify the overall goals and purposes of the Memorial Center; (2) describe the allocation of management and operational duties between the Secretary and the Commission with respect to the Memorial Center; (3) identify how activities of the Memorial Center will be funded; (4) identify the parties responsible for providing amenities at the Memorial Center; (5) establish procedures for changing or dissolving the joint partnership; and (6) address any other issues determined to be appropriate by the Secretary or the Commission. SEC. 104. LEASE AGREEMENT. (a) In General.--After entering into a memorandum of understanding under section 103(a), the Secretary may enter into an agreement with the Commission to lease space in the Memorial Center for use as a visitor center for the Lakeshore. (b) Staff.--The Secretary may use employees of the Lakeshore to provide visitor information and education at the Lakeshore Center. SEC. 105. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this title. TITLE II--PUBLIC LAND TECHNICAL AMENDMENTS SEC. 201. SHORT TITLE. This title may be cited as the ``Public Land Technical Amendments Act of 2006''. SEC. 202. GAYLORD NELSON WILDERNESS. (a) Redesignation.--Section 140 of division E of the Consolidated Appropriations Act, 2005 (16 U.S.C. 1132 note; Public Law 108-447), is amended-- (1) in subsection (a), by striking ``Gaylord A. Nelson'' and inserting ``Gaylord Nelson''; and (2) in subsection (c)(4), by striking ``Gaylord A. Nelson Wilderness'' and inserting ``Gaylord Nelson Wilderness''. (b) References.--Any reference in a law, map, regulation, document, paper, or other record of the United States to the ``Gaylord A. Nelson Wilderness'' shall be deemed to be a reference to the ``Gaylord Nelson Wilderness''. SEC. 203. ARLINGTON HOUSE LAND TRANSFER. Section 2863(h)(1) of Public Law 107-107 (115 Stat. 1333) is amended by striking ``the George Washington Memorial Parkway'' and inserting ``Arlington House, the Robert E. Lee Memorial,''. SEC. 204. CUMBERLAND ISLAND WILDERNESS. Section 2(a)(1) of Public Law 97-250 (16 U.S.C. 1132 note; 96 Stat. 709) is amended by striking ``numbered 640/20,038I, and dated September 2004'' and inserting ``numbered 640/20,038K, and dated September 2005''. SEC. 205. PETRIFIED FOREST BOUNDARY. Section 2(1) of the Petrified Forest National Park Expansion Act of 2004 (16 U.S.C. 119 note) is amended by striking ``numbered 110/80,044, and dated July 2004'' and inserting ``numbered 110/80,045, and dated January 2005''. SEC. 206. COMMEMORATIVE WORKS. Section 8908(b)(1) of title 40, United States Code, is amended in the second sentence by striking ``House Administration'' and inserting ``Resources''. Passed the Senate September 29, 2006. Attest: EMILY J. REYNOLDS, Secretary.

Summary: Title I: Dorothy Buell Memorial Visitor Center - Dorothy Buell Memorial Visitor Center Lease Act - (Sec. 103) Authorizes the Secretary of the Interior to enter into a specified memorandum of understanding with the Porter County Convention, Recreation and Visitor Commission to establish a joint partnership with respect to the management of the Dorothy Buell Memorial Visitor Center and, after entering into such a memorandum, lease space in such Memorial Center for use as a visitor center for the Indiana Dunes National Lakeshore (the Lakeshore Center). Permits the Secretary to use Lakeshore employees to provide visitor information and education at the Lakeshore Center. (Sec. 105) Authorizes appropriations. Title II: Public Land Technical Amendments - Public Land Technical Amendments Act of 2006 - Makes technical amendments with respect to certain public lands.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Achieving a Better Life Experience Act of 2011'' or the ``ABLE Act of 2011''. SEC. 2. PURPOSES. The purposes of this Act are as follows: (1) To encourage and assist individuals and families in saving private funds for the purpose of supporting individuals with disabilities to maintain health, independence, and quality of life. (2) To provide secure funding for disability-related expenses on behalf of designated beneficiaries with disabilities that will supplement, but not supplant, benefits provided through private insurance, the Medicaid program under title XIX of the Social Security Act, the supplemental security income program under title XVI of such Act, the beneficiary's employment, and other sources. SEC. 3. ABLE ACCOUNTS. (a) Establishment.-- (1) In general.--Section 529 of the Internal Revenue Code of 1986 is amended by redesignating subsection (f) as subsection (g) and by inserting after subsection (e) the following new subsection: ``(f) ABLE Accounts.-- ``(1) General rules.--For purposes of any other provision of law with respect to a qualified ABLE program and an ABLE account, except as otherwise provided in this subsection-- ``(A) a qualified ABLE program and an ABLE account shall be treated in the same manner as a qualified tuition program and an account described in subsection (b)(1)(A)(ii), respectively, are treated, and ``(B) qualified disability expenses with respect to a program or account described in subparagraph (A) shall be treated in the same manner as qualified higher education expenses are treated. ``(2) Qualified able program.--For purposes of this subsection, the term `qualified ABLE program' means a program established and maintained by a State or agency or instrumentality thereof-- ``(A) under which a person may make contributions to an ABLE account which is established for the purpose of meeting the qualified disability expenses of the designated beneficiary of the account, ``(B) which meets the requirements of the preceding subsections of this section (as modified by this subsection), determined by substituting-- ``(i) `qualified ABLE program' for `qualified tuition program', and ``(ii) `ABLE account' for `account', and ``(C) which meets the other requirements of this subsection. ``(3) Qualified disability expenses.--For purposes of this subsection-- ``(A) In general.--The term `qualified disability expenses' means any expenses which are made for the benefit of an individual with a disability who is a designated beneficiary. ``(B) Expenses included.--The following expenses shall be qualified disability expenses if such expenses are made for the benefit of an individual with a disability who is a designated beneficiary and are related to such disability: ``(i) Education.--Expenses for education, including tuition for preschool thru post- secondary education, books, supplies, and educational materials related to such education, tutors, and special education services. ``(ii) Housing.--Expenses for a primary residence, including rent, purchase of a primary residence or an interest in a primary residence, mortgage payments, real property taxes, and utility charges. ``(iii) Transportation.--Expenses for transportation, including the use of mass transit, the purchase or modification of vehicles, and moving expenses. ``(iv) Employment support.--Expenses related to obtaining and maintaining employment, including job-related training, assistive technology, and personal assistance supports. ``(v) Health, prevention, and wellness.-- Expenses for health and wellness, including premiums for health insurance, mental health, medical, vision, and dental expenses, habilitation and rehabilitation services, durable medical equipment, therapy, respite care, long term services and supports, nutritional management, communication services and devices, adaptive equipment, assistive technology, and personal assistance. ``(vi) Miscellaneous expenses.--Financial management and administrative services; legal fees; expenses for oversight; monitoring; home improvements, and modifications, maintenance and repairs, at primary residence; or funeral and burial expenses. ``(vii) Assistive technology and personal support services.--Expenses for assistive technology and personal support with respect to any item described in clauses (i) through (vi). ``(viii) Other approved expenses.--Any other expenses which are approved by the Secretary under regulations and consistent with the purposes of this section. ``(C) Individual with a disability.-- ``(i) In general.--Except as provided in clause (ii), an individual is an individual with a disability for a year if the individual (regardless of age)-- ``(I) has a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 month, or ``(II) is blind. ``(ii) Disability certification required.-- An individual shall not be treated as an individual with a disability for a year unless the individual-- ``(I) is receiving (or, for purposes of title XIX of the Social Security Act, is deemed to be, or treated as, receiving) benefits under the supplemental security income program under title XVI of such Act, or whose benefits under such program are suspended other than by reason of misconduct, ``(II) is receiving disability benefits under title II of such Act, or ``(III) files a disability certification with the Secretary for such year. ``(iii) Disability certification defined.-- The term `disability certification' means, with respect to an individual, a certification to the satisfaction of the Secretary by the designated beneficiary or the parent or guardian of the designated beneficiary that-- ``(I) the individual meets the criteria described in clause (i), and ``(II) includes a copy of the designated beneficiary's diagnosis, signed by a physician meeting the criteria of section 1861(r)(1) of the Social Security Act. ``(iv) Restriction on use of certification.--No inference may be drawn from a disability certification for purposes of establishing eligibility for benefits under title II or XVI of the Social Security Act. ``(4) Rollovers from able accounts.--The limits on contributions pursuant to subsection (b)(6) shall not apply to any amount paid or distributed from an ABLE account to the extent that the amount received is paid, not later than the 60th day after the date of such payment or distribution, into-- ``(A) another ABLE account for the benefit of-- ``(i) the same beneficiary, or ``(ii) an individual who-- ``(I) is the spouse of such individual with a disability, or bears a relationship to such individual with a disability which is described in section 152(d)(2), and ``(II) is also an individual with a disability, ``(B) any trust which is described in subparagraph (A) or (C) of section 1917(d)(4) of the Social Security Act and which is for the benefit of an individual described in clause (i) or (ii) of subparagraph (A), or ``(C) a qualified tuition program-- ``(i) for the benefit of the designated beneficiary, or ``(ii) to the credit of another designated beneficiary under a qualified tuition program who is a member of the family of the designated beneficiary with respect to which the distribution was made. The preceding sentence shall not apply to any payment or distribution if it applied to any prior payment or distribution during the 12-month period ending on the date of the payment or distribution. ``(5) Transfer to state.--Subject to any outstanding payments due for qualified disability expenses, in the case that the designated beneficiary dies or ceases to be an individual with a disability, all amounts remaining in the qualified ABLE account not in excess of the amount equal to the total medical assistance paid for the designated beneficiary after the establishment of the account, net of any premiums paid from the account or paid by or on behalf of the beneficiary to a Medicaid Buy-In program, under any State Medicaid plan established under title XIX of the Social Security Act shall be distributed to such State upon filing of a claim for payment by such State. For purposes of this paragraph, the State shall be a creditor of an ABLE account and not a beneficiary. Subsection (c)(3) shall not apply to a distribution under the preceding sentence. ``(6) Regulations.--Not later than 6 months after the date of the enactment of this section, the Secretary may prescribe such regulations or other guidance as the Secretary determines necessary or appropriate to carry out the purposes of this section, including regulations to prevent fraud and abuse with respect to amounts claimed as qualified disability expenses.''. (2) Conforming amendment.--Paragraph (2) of section 6693(a) of the Internal Revenue Code of 1986 such Code is amended by striking ``and'' at the end of subparagraph (D), by striking the period at the end of subparagraph (E) and inserting ``and'', and by inserting after subparagraph (E) the following new subparagraph: ``(F) section 529(d) by reason of 529(f) (relating to ABLE accounts).''. (b) Annual Reports.-- (1) In general.--The Secretary of the Treasury shall report annually to Congress on the usage of ABLE accounts under section 529(f) of the Internal Revenue Code of 1986. (2) Contents of report.--Any report under paragraph (1) shall include-- (A) the number of people with an ABLE account, (B) the total amount of contributions to such accounts, (C) the total amount and nature of distributions from such accounts, (D) issues relating to the abuse of such accounts, if any, and (E) the amounts repaid from such accounts to State Medicaid programs established under title XIX of the Social Security Act. (c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after the date of the enactment of this Act. SEC. 4. TREATMENT OF ABLE ACCOUNTS UNDER CERTAIN FEDERAL PROGRAMS. (a) Account Funds Disregarded for Purposes of Certain Other Means- Tested Federal Programs.--Notwithstanding any other provision of Federal law that requires consideration of 1 or more financial circumstances of an individual, for the purpose of determining eligibility to receive, or the amount of, any assistance or benefit authorized by such provision to be provided to or for the benefit of such individual, any amount (including earnings thereon) in any ABLE account (as defined in section 529(f) of the Internal Revenue Code of 1986) of such individual, and any distribution for qualified disability expenses (as defined in paragraph (3) of such section) shall be disregarded for such purpose with respect to any period during which such individual maintains, makes contributions to, or receives distributions from such ABLE account, except that, in the case of the supplemental security income program under title XVI of the Social Security Act, a distribution for housing expenses (as defined in subparagraph (B)(ii) of such paragraph) shall not be so disregarded, and in the case of such program, only the 1st $100,000 of the amount (including such earnings) in such ABLE account shall be so disregarded. (b) Suspension of SSI Benefits During Periods of Excessive Account Funds.-- (1) In general.--The benefits of an individual under the supplemental security income program under title XVI of the Social Security Act shall not be terminated, but shall be suspended, by reason of excess resources of the individual attributable to an amount in the ABLE account (as defined in section 529(f) of the Internal Revenue Code of 1986) of the individual not disregarded under subsection (a) of this section. (2) No impact on medicaid eligibility.--An individual who would be receiving payment of such supplemental security income benefits but for the application of the previous sentence shall be treated for purposes of title XIX of the Social Security Act as if the individual continued to be receiving payment of such benefits.

Summary: Achieving a Better Life Experience Act of 2011 or the ABLE Act of 2011 - Amends the Internal Revenue Code to establish tax-exempt ABLE accounts to assist an individual with a disability in building an account to pay for qualified disability expenses. Defines "qualified disability expenses" to include expenses for education, a primary residence, transportation, obtaining and maintaining employment, health and wellness, and other personal support expenses. Treats a qualified ABLE program and an ABLE account in the same manner as a qualified tuition program for income tax purposes (i.e., allowing a tax exemption for such program and an exclusion from gross income of amounts attributable to a contributor to or a beneficiary of a program account). Defines "qualified ABLE program" as a program established and maintained by a state agency under which a person may make contributions to an ABLE account established to pay for qualified disability expenses. Requires amounts in ABLE accounts to be disregarded in determining eligibility for Medicaid and other means-tested federal programs. Suspends the payment of supplemental security income benefits under title XVI (Supplemental Security Income) of the Social Security Act to an individual during any period in which such individual has excess resources attributable to an ABLE account.


SECTION 1. SHORT TITLE. That this Act may be cited as the ``Reserve Account for Administrative Savings Act of 1993''. SEC. 2. GOVERNMENT EFFICIENCY RESERVE ACCOUNTS. Subchapter II of chapter 15 of title 31, United States Code, is amended by adding at the end the following: ``Sec. 1520. Special rule for apportioning salaries and expenses within an appropriation ``(a) All appropriations for salaries and expenses shall be apportioned as necessary to carry out this section. ``(b)(1) Except as provided by paragraph (2), in apportioning any appropriation for salaries and expenses for a fiscal year under this section, a reserve shall be established in an amount that is equal to 5 percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. ``(2) The size of each reserve to be established under paragraph (1) for a fiscal year shall (if applicable) be reduced by a dollar amount equal to the amount by which that fiscal year's appropriation for salaries and expenses is less than the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. ``(c) Each appropriation subject to this section shall be apportioned by the appropriate official referred to in section 1513 and within the applicable time parameters set forth in that section. ``(d) The head of each agency that has an appropriation for salaries and expenses for a fiscal year subject to this section shall, within 60 days after the beginning of that fiscal year or within 60 days after the date of enactment of the law by which the appropriation for that fiscal year is made available, whichever occurs later, and after consultation with it chief financial officer and the Deputy Director for Management (or his or her designee) of the Office of Management and Budget, make recommendations to the President of changes in laws or regulations or other changes that should be made to bring about a more efficient and cost-effective operation and thereby reduce salaries and expenditures without jeopardizing any programs that agency administers. ``(e) The President's annual budget submission for a budget year under section 1105(a) shall include a special message which sets forth on an agency-by-agency basis a recommendation for the current fiscal year of whether-- ``(1) for the programs that agency administers to be maintained at a proper administrative level the release of all or part of those funds held in reserve under subsection (b) is necessary; ``(2) those programs can function effectively at reduced levels and the funds held in reserve under subsection (b) should be rescinded and returned to the Treasury; or ``(3) supplemental appropriations for other programs are necessary and can be offset by rescissions of the funds held in reserve under subsection (b). If that special message recommends the option set forth in paragraph (1) for any agency, then the President shall include with that special message a bill that, if enacted, would release specified amounts of funds held in reserve under subsection (b) as set forth in that bill. ``(f) Except to the extent that a law is enacted under section 1521 requiring the release of all or part of the money reserved under subsection (b), on August 1 of the calendar year during which a fiscal year ends, all funds held in any reserve under subsection (b) respecting that fiscal year are hereby rescinded and shall be promptly returned to the general fund of the Treasury. ``Sec. 1521. Fast-track supplemental appropriation of amounts not to exceed aggregate amount rescinded under section 1520 ``(a)(1) Before the close of the second legislative day of the House of Representatives after the date of receipt of a special message transmitted to Congress under section 1520(e), the majority leader or minority leader of the House of Representatives shall introduce (by request) the draft bill accompanying that special message. If the bill is not introduced as provided in the preceding sentence, then, on the third legislative day of the House of Representatives after the date of receipt of that special message, any Member of that House may introduce the bill. ``(2) The bill shall be referred to the Committee on Appropriations of the House of Representatives. The committee shall report the bill with or without recommendation. The bill shall be reported not later than the seventh legislative day of that House after the date of receipt of that special message. If the Committee on Appropriations fails to report the bill within that period, that committee shall be automatically discharged from consideration of the bill, and the bill shall be placed on the appropriate calendar. ``(3) During consideration under this subsection, any Member of the House of Representatives may move to strike any provision of the bill or offer an amendment to reduce any amount proposed to be released. ``(4) A vote on final passage of the bill shall be taken in the House of Representatives on or before the close of the 10th legislative day of that House after the date of the introduction of the bill in that House. If the bill is passed, the Clerk of the House of Representatives shall cause the bill to be engrossed, certified, and transmitted to the Senate within one calendar day of the day on which the bill is passed. ``(5)(A) A motion in the House of Representatives to proceed to the consideration of a bill under this section shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the House of Representatives on a bill under this section shall not exceed 4 hours, which shall be divided equally between those favoring and those opposing the bill. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit a bill under this section or to move to reconsider the vote by which the bill is agreed to or disagreed to. ``(C) Appeals from decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a bill under this section shall be decided without debate. ``(D) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a bill under this section shall be governed by the Rules of the House of Representatives. ``(6)(A) A bill transmitted to the Senate pursuant to paragraph (4) shall be referred to its Committee on Appropriations. The committee shall report the bill with or without recommendation. The bill shall be reported not later than the seventh legislative day of the Senate after it receives the bill. A committee failing to report the bill within such period shall be automatically discharged from consideration of the bill, and the bill shall be placed upon the appropriate calendar. ``(B) During consideration under this subsection, any Member of the Senate may move to strike any provision of the bill or offer an amendment to reduce any amount proposed to be released. ``(C) A vote on final passage of a bill transmitted to the Senate shall be taken on or before the close of the 10th legislative day of the Senate after the date on which the bill is transmitted. If the bill is passed in the Senate without amendment, the Secretary of the Senate shall cause the engrossed bill to be returned to the House of Representatives. ``(7)(A) A motion in the Senate to proceed to the consideration of a bill under this subsection shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to. ``(B) Debate in the Senate on a bill under this subsection, and all debatable motions and appeals in connection therewith, shall not exceed 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees. ``(C) Debate in the Senate on any debatable motion or appeal in connection with a bill under this section shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill, except that in the event the manager of the bill is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a bill, allot additional time to any Senator during the consideration of any debatable motion or appeal. ``(D) A motion in the Senate to further limit debate on a bill under this subsection is not debatable. A motion to recommit a bill under this section is not in order. ``(b) Amendments and Divisions.--No amendment to a bill considered under this section shall be in order in either the House of Representatives or the Senate except an amendment to strike a provision of the bill or to reduce an amount proposed to be restored by the bill. It shall not be in order to demand a division of the question in the House of Representatives (or in a Committee of the Whole) or in the Senate. No motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House to suspend the application of this subsection by unanimous consent. ``(c) Requirement to Make Available for Obligation.--Any amount of budget authority proposed to be restored in a special message transmitted to Congress under section 1520(e) shall be made available for obligation on the day after the date on which the bill proposing to restore such amount of budget authority is enacted into law unless it has been automatically rescinded under that section. ``(d) Definition.--For purposes of this section, the term `legislative day' means, with respect to either House of Congress, any day during which that House is in session.''. SEC. 3. EFFECTIVE DATE. The amendments made by this Act shall only apply to fiscal years 1994, 1995, 1996, 1997, and 1998 and shall have no force or effect after September 30, 1998.

Summary: Reserve Account for Administrative Savings Act of 1993 - Amends Federal law to require that appropriated salaries and expenses be apportioned. Requires the establishment of reserve accounts equal to five percent of the actual amount incurred for those salaries and expenses in the immediately preceding fiscal year. Provides procedures for such funds to be permanently rescinded, released and spent, or used to offset supplemental appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Governors Island Preservation and Development Act of 1998''. SEC. 2. GOVERNORS ISLAND COMMISSION. Title I of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 751 et seq.) is amended by adding at the end the following: ``SEC. 113. GOVERNORS ISLAND COMMISSION. ``(a) Establishment.--There is established a commission to be known as the `Governors Island Commission' (referred to in this section as the `Commission'). ``(b) Membership.-- ``(1) In general.--The Commission shall be composed of 11 members, of whom-- ``(A) 1 shall be the Administrator of General Services (or a designee); ``(B) 1 shall be the Secretary of the Interior (or a designee); ``(C) 1 shall be the Commandant of the Coast Guard (or a designee); and ``(D) 8 shall be individuals appointed by the President not later than 60 days after the date of enactment of this section, of whom-- ``(i) 2 shall be appointed from among individuals recommended, not later than 30 days after the date of enactment of this section, by the Governor of the State of New York; ``(ii) 2 shall be appointed from among individuals recommended, not later than 30 days after the date of enactment of this section, by the mayor of the city of New York, New York; ``(iii) 1 shall be appointed from among individuals recommended, not later than 30 days after the date of enactment of this section, by the speaker of the city council of the city of New York, New York; ``(iv) 1 shall be a representative of a national historic preservation organization; and ``(v) 2 shall be other individuals that meet the qualifications stated in paragraph (3). ``(2) Failure to make recommendations.--If the Governor of the State of New York, mayor of the city of New York, New York, or speaker of the city council of the city of New York, New York, fails to submit recommendations under clause (i), (ii), or (iii) of paragraph (1)(D) on or before the date that is 30 days after the date of enactment of this section, the President shall proceed expeditiously to appoint a member or members, as the case may be, under that clause and may do so without regard to any recommendation that may be made under that clause after that date. ``(3) Qualifications to be considered.--In appointing members of the Commission under paragraph (1), the President shall consider New York State residents residing in the metropolitan New York City area with expertise in economic development, the real estate industry, the environment, tourism, education, historic properties, and civic undertakings. ``(c) Chairperson.--The Administrator of General Services shall serve as chairperson of the Commission. ``(d) Compensation; Travel Expenses.-- ``(1) In general.--Subject to paragraph (2), a member of the Commission shall serve without compensation. ``(2) Travel expenses.--A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from the home or regular place of business of the member in the performance of the duties of the Commission. ``(e) Administrative Support Services.--The Administrator of General Services and the heads of other Federal, State, and local public agencies represented on the Commission shall provide such administrative and other support services and facilities as the Commission may require to perform the duties of the Commission. ``(f) Duties.--The Commission shall-- ``(1) conduct meetings and hold hearings in accordance with subsection (g); ``(2) consider each plan for the disposition of Governors Island, New York, that any person or entity may submit to the Commission; and ``(3) not later than 180 days after the date on which all of the members of the Commission have been appointed, submit to the President a recommendation for the disposition of Governors Island, New York. ``(g) Meetings; Hearings.-- ``(1) Meetings.--The Commission shall conduct its first meeting not later than the date that is 15 days after the date on which all of the members of the Commission have been appointed and at such other times as the chairperson shall direct. ``(2) Hearings.--The Commission shall conduct at least 4 hearings at which members of the public shall be entitled to present views on the appropriate disposition of Governors Island. ``(3) Location.--All meetings and hearings conducted by the Commission shall be conducted in the city of New York, New York. ``(h) Recommendation.--The recommendation of the Commission for disposition of Governors Island shall include specific proposals for-- ``(1) the retention of ownership, in whole or in part, by the United States or the sale or transfer to State, city, or local public or private entities of all of or portions of the Island; ``(2) the rehabilitation, maintenance, and management of structures of national historic significance by the National Park Service or other public or private entities; ``(3) the use of portions of the Island for commercial activities, recreational activities, or private or public educational or residential purposes and other uses; ``(4) the appropriate proportions of Federal, State, and local public and private transitional funding and other assistance that will be required to make the recommended disposition economically feasible; ``(5) waiver of any provision of this Act or any other law the application of which the Commission determines would preclude or unduly interfere with the optimum future use of Governors Island; and ``(6) any Federal, State, or local legislation or regulation that may be necessary to allow implementation of the recommendation. ``(i) Implementation.--Notwithstanding or any other provision of this Act or any other law-- ``(1) the President shall have authority to implement a recommendation under subsection (f)(2); and ``(2) not later than 30 days after the date on which the Commission submits the recommendation, the President shall proceed to implement the recommendation, with such modifications as the President considers appropriate. ``(j) Termination.--The Commission shall cease to exist on the date that is 30 days after the date on which the Commission submits a recommendation under subsection (f)(2).''. SEC. 3. REPEAL. The Balanced Budget Act of 1997 is amended by striking section 9101 (111 Stat. 670). SEC. 4. TRANSFER OF SIGNIFICANT HISTORIC STRUCTURES TO THE NATIONAL PARK SERVICE. (a) In General.--Administrative jurisdiction over the structures described in subsection (b) and adjacent grounds is transferred to the Secretary of the Interior, acting through the Director of the National Park Service (referred to in this section as the ``Secretary''). (b) Historic Structures.--The structures referred to in subsection (a) are the following structures on Governors Island, New York: (1) Castle Williams. (2) Fort Jay. (3) The Admiral's Headquarters. (4) The Governor's House. (5) The Block House. (c) Plan.--Not later than the date on which the Governors Island Commission submits its recommendation to the President under section 113(f)(2) of the Federal Property and Administrative Services Act of 1949, as added by section 2, the Secretary shall submit to Congress a plan for inclusion of the structures described in subsection (b) in the National Park System. SEC. 5. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated, for maintenance and preservation of Governors Island and its structures by the Coast Guard and the National Park Service-- (1) $12,000,000 for fiscal year 1999; and (2) such sums as are necessary for fiscal year 2000 and each fiscal year thereafter.

Summary: Governors Island Preservation and Development Act of 1998 - Establishes the Governors Island Commission to: (1) conduct meetings and hold hearings in accordance with this Act; (2) consider each plan for the disposition of Governors Island, New York, that any person or entity may submit to the Commission; and (3) within 180 days after all of the members of the Commission have been appointed, submit to the President a recommendation for the disposition of Governors Island, New York. Repeals provisions of the Balanced Budget Act of 1997 providing for the sale of the Island. Provides for the transfer of administrative jurisdiction to the Secretary of the Interior, acting through the Director of the National Park Service, over the following structures and adjacent grounds on: (1) Castle Williams; (2) Fort Jay; (3) the Admiral's Headquarters; (4) the Governor's House; and (5) the Block House. Requires the Secretary of the Interior to submit to the Congress a plan for inclusion of the structures in the National Park System by the date on which the Commission submits its recommendation to the President. Authorizes appropriations.


SECTION 1. SHORT TITLE. This Act may be cited as the ``Lupus Research and Care Amendments of 2000''. SEC. 2. FINDINGS. The Congress finds that-- (1) lupus is a serious, complex, inflammatory, autoimmune disease of particular concern to women; (2) lupus affects women nine times more often than men; (3) there are three main types of lupus: systemic lupus, a serious form of the disease that affects many parts of the body; discoid lupus, a form of the disease that affects mainly the skin; and drug-induced lupus caused by certain medications; (4) lupus can be fatal if not detected and treated early; (5) the disease can simultaneously affect various areas of the body, such as the skin, joints, kidneys, and brain, and can be difficult to diagnose because the symptoms of lupus are similar to those of many other diseases; (6) lupus disproportionately affects African-American women, as the prevalence of the disease among such women is three times the prevalence among white women, and an estimated 1 in 250 African-American women between the ages of 15 and 65 develops the disease; (7) it has been estimated that between 1,400,000 and 2,000,000 Americans have been diagnosed with the disease, and that many more have undiagnosed cases; (8) current treatments for the disease can be effective, but may lead to damaging side effects; (9) many victims of the disease suffer debilitating pain and fatigue, making it difficult to maintain employment and lead normal lives; and (10) in fiscal year 1996, the amount allocated by the National Institutes of Health for research on lupus was $33,000,000, which is less than one-half of 1 percent of the budget for such Institutes. TITLE I--RESEARCH ON LUPUS SEC. 101. EXPANSION AND INTENSIFICATION OF ACTIVITIES. Subpart 4 of part C of title IV of the Public Health Service Act (42 U.S.C. 285d et seq.) is amended by inserting after section 441 the following section: ``lupus ``Sec. 441A. (a) In General.--The Director of the Institute shall expand and intensify research and related activities of the Institute with respect to lupus. ``(b) Coordination With Other Institutes.--The Director of the Institute shall coordinate the activities of the Director under subsection (a) with similar activities conducted by the other national research institutes and agencies of the National Institutes of Health to the extent that such Institutes and agencies have responsibilities that are related to lupus. ``(c) Programs for Lupus.--In carrying out subsection (a), the Director of the Institute shall conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus. Activities under such subsection shall include conducting and supporting the following: ``(1) Research to determine the reasons underlying the elevated prevalence of lupus in women, including African- American women. ``(2) Basic research concerning the etiology and causes of the disease. ``(3) Epidemiological studies to address the frequency and natural history of the disease and the differences among the sexes and among racial and ethnic groups with respect to the disease. ``(4) The development of improved diagnostic techniques. ``(5) Clinical research for the development and evaluation of new treatments, including new biological agents. ``(6) Information and education programs for health care professionals and the public. ``(d) Authorization of Appropriations.--For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2003.''. TITLE II--DELIVERY OF SERVICES REGARDING LUPUS SEC. 201. ESTABLISHMENT OF PROGRAM OF GRANTS. (a) In General.--The Secretary of Health and Human Services shall in accordance with this title make grants to provide for projects for the establishment, operation, and coordination of effective and cost- efficient systems for the delivery of essential services to individuals with lupus and their families. (b) Recipients of Grants.--A grant under subsection (a) may be made to an entity only if the entity is a public or nonprofit private entity, which may include a State or local government; a public or nonprofit private hospital, community-based organization, hospice, ambulatory care facility, community health center, migrant health center, or homeless health center; or other appropriate public or nonprofit private entity. (c) Certain Activities.--To the extent practicable and appropriate, the Secretary shall ensure that projects under subsection (a) provide services for the diagnosis and disease management of lupus. Activities that the Secretary may authorize for such projects may also include the following: (1) Delivering or enhancing outpatient, ambulatory, and home-based health and support services, including case management and comprehensive treatment services, for individuals with lupus; and delivering or enhancing support services for their families. (2) Delivering or enhancing inpatient care management services that prevent unnecessary hospitalization or that expedite discharge, as medically appropriate, from inpatient facilities of individuals with lupus. (3) Improving the quality, availability, and organization of health care and support services (including transportation services, attendant care, homemaker services, day or respite care, and providing counseling on financial assistance and insurance) for individuals with lupus and support services for their families. (d) Integration With Other Programs.--To the extent practicable and appropriate, the Secretary shall integrate the program under this title with other grant programs carried out by the Secretary, including the program under section 330 of the Public Health Service Act. SEC. 202. CERTAIN REQUIREMENTS. A grant may be made under section 201 only if the applicant involved makes the following agreements: (1) Not more than 5 percent of the grant will be used for administration, accounting, reporting, and program oversight functions. (2) The grant will be used to supplement and not supplant funds from other sources related to the treatment of lupus. (3) The applicant will abide by any limitations deemed appropriate by the Secretary on any charges to individuals receiving services pursuant to the grant. As deemed appropriate by the Secretary, such limitations on charges may vary based on the financial circumstances of the individual receiving services. (4) The grant will not be expended to make payment for services authorized under section 201(a) to the extent that payment has been made, or can reasonably be expected to be made, with respect to such services-- (A) under any State compensation program, under an insurance policy, or under any Federal or State health benefits program; or (B) by an entity that provides health services on a prepaid basis. (5) The applicant will, at each site at which the applicant provides services under section 201(a), post a conspicuous notice informing individuals who receive the services of any Federal policies that apply to the applicant with respect to the imposition of charges on such individuals. SEC. 203. TECHNICAL ASSISTANCE. The Secretary may provide technical assistance to assist entities in complying with the requirements of this title in order to make such entities eligible to receive grants under section 201. SEC. 204. DEFINITIONS. For purposes of this title: (1) The term ``official poverty line'' means the poverty line established by the Director of the Office of Management and Budget and revised by the Secretary in accordance with section 673(2) of the Omnibus Budget Reconciliation Act of 1981. (2) The term ``Secretary'' means the Secretary of Health and Human Services. SEC. 205. AUTHORIZATION OF APPROPRIATIONS. For the purpose of carrying out this title, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2001 through 2003. Passed the House of Representatives October 10, 2000. Attest: Clerk.

Summary: Requires the Director to: (1) coordinate such activities with similar activities conducted by other national research institutes and agencies of the National Institutes of Health; and (2) conduct or support research to expand the understanding of the causes of, and to find a cure for, lupus, including research to determine the reasons underlying the elevated prevalence of the disease among African-American and other women.Authorizes appropriations.Title II: Delivery of Services Regarding Lupus - Mandates grants for the establishment, operation, and coordination of effective and cost-efficient systems for the delivery of essential services to individuals with lupus and their families. Requires the Secretary of Health and Human Services to: (1) ensure that grant projects provide services for lupus diagnosis and disease management; and (2) integrate such projects with other grant programs carried out by the Secretary. Authorizes technical assistance. Authorizes appropriations.


SECTION 1. PREPAYMENT OF DEVELOPMENT COMPANY 0DEBENTURES. (a) In General.--Title V of the Small Business Investment Act of 1958 (15 U.S.C. 695, et seq.) is amended by adding at the end the following new section: ``SEC. 507. PREPAYMENT OF DEVELOPMENT COMPANY DEBENTURES. ``(a) In General.--(1) If the requirements of subsection (b) are met and subject to the availability of appropriations, the issuer of a debenture purchased by the Federal Financing Bank and guaranteed by the Administration under section 503 may, at the election of the borrower whose loan secures such debenture and with the approval of the Administration, prepay such debenture by paying to the Federal Financing Bank the amount that is equal to the sum of the unpaid principal balance due on the debenture on the date of the prepayment (plus accrued interest at the coupon rate on the debenture) and the amount of the repurchase premium described in paragraph (2)(A). The Administration shall pay to the Federal Financing Bank the difference between the repurchase premium paid by the issuer of the debenture under this subsection and the repurchase premium that the Federal Financing Bank would otherwise have received. ``(2)(A) The amount of the repurchase premium described in this paragraph is the product of-- ``(i) the unpaid principal balance due on the debenture on the date of prepayment; ``(ii) the interest rate of the debenture; and ``(iii) the factor `P', as determined under subparagraph (B). ``(B) for purposes of subparagraph (A)(iii), the factor `P' means the applicable percent determined in accordance with the following table: ------------------------------------------------------------------------ Applicable percent ``Year in which prepayment of --------------------------------------- debenture is made (from date of 10-year 15-year 20-year 25-year original issuance) term term term term loan loan loan loan ------------------------------------------------------------------------ 1............................... 1.00 1.00 1.00 1.00 2............................... .80 .85 .90 .92 3............................... .60 .70 .80 .84 4............................... .40 .55 .70 .76 5............................... .20 .40 .60 .68 6............................... 0 .25 .50 .60 7............................... 0 .10 .40 .52 8............................... 0 0 .30 .44 9............................... 0 0 .20 .36 10.............................. 0 0 .10 .28 11.............................. 0 0 0 .20 12.............................. 0 0 0 .12 13.............................. 0 0 0 .04 14 through 25................... 0 0 0 0 ------------------------------------------------------------------------ ``(b) Requirements.--The requirements of this subsection are met if-- ``(1) the debenture is outstanding and neither the loan that secures the debenture nor the debenture is in default on the date the prepayment is made; ``(2) State or personal funds, which may include refinancing under the programs authorized by sections 504 and 505 of this Act, are used to prepay the debenture; and ``(3) the issuer certifies that the benefits, net of fees and expenses authorized herein, associated with prepayment of the debenture are entirely passed through to the borrower. ``(c) No fees or penalties other than those specified in this section may be imposed as a condition of such prepayment against the issuer or the borrower, or the Administration or any fund or account administered by the Administration, except as provided in this Act. ``(d) The refinancing of debentures authorized by paragraph (b)(2) of this section under section 504 of this Act shall be limited to only such amounts as are needed to prepay existing debentures and shall be subject to all of the other provisions of sections 504 and 505 of this Act and the rules and regulations of the Administration promulgated thereunder, including, but not limited to, rules and regulations governing payment of authorized expenses and commissions, fees and discounts to brokers and dealers in trust certificates issued pursuant to section 505: Provided, however, That no applicant for refinancing under section 504 of this Act need demonstrate that a requisite number of jobs will be created with the proceeds of such refinancing.'' Sec. 2. (a) The provisions of this Act are exercisable at the option of the borrower. (b) Any new credit or spending authority provided for in this Act is subject to amounts provided in advance in appropriations Acts. (c) There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act. (d) Within 30 days of the effective date of this Act, the Administration shall promulgate such regulations as are necessary, including establishing an order of priority to accomplish the provisions of this Act. (e) Subsection 504(b) of this Act is hereby repealed, subsection 504(a) is renumbered as section 504, and paragraphs (1) through (3) of subsection 504(a) are renumbered as subsections 504 (a) through (c).

Summary: Amends the Small Business Investment Act of 1958 to permit a qualified State or local development company that issues a debenture purchased by the Federal Financing Bank and guaranteed by the Small Business Administration, at the election of the small business borrower whose loan secures such debenture and with the Administrators approval, to prepay the debenture by payment to the Bank of the unpaid principal balance, accrued interest, and repurchase premium amount (as determined under this Act). Prohibits any fees or penalties from being imposed against the issuer, borrower, or the Administration as a condition of prepayment under this Act. Authorizes appropriations.