[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 435 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 435

        To provide children with improved access to health care.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 13, 1997

  Mr. Specter introduced the following bill; which was read twice and 
         referred to the Committee on Labor and Human Resources

_______________________________________________________________________

                                 A BILL


 
        To provide children with improved access to health care.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Healthy Children's 
Pilot Program Act of 1997''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Purpose.
Sec. 3. Definitions.
Sec. 4. Grants for establishment of State pilot programs.
Sec. 5. Program requirements.
Sec. 6. Payments to States.
Sec. 7. Requirements with respect to vouchers.
Sec. 8. Reports.
Sec. 9. Healthy Children's Trust Fund.
Sec. 10. Authorization of appropriations.
Sec. 11. Spectrum auctions.
Sec. 12. Regulations.

SEC. 2. PURPOSE.

    It is the purpose of this Act to establish a pilot program to meet 
the health care needs of a substantial portion of the estimated 
10,000,000 children without health insurance and who are not eligible 
for medical assistance under a State plan under title XIX of the Social 
Security Act (42 U.S.C. 1396 et seq.).

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Eligible child.--The term ``eligible child'' means an 
        American citizen or lawful permanent resident of the United 
        States who is--
                    (A) with respect to fiscal year 1999, under 6 years 
                of age;
                    (B) with respect to fiscal year 2000, under 9 years 
                of age;
                    (C) with respect to fiscal year 2001, under 13 
                years of age; and
                    (D) with respect to fiscal year 2002, under 18 
                years of age.
            (2) Family.--
                    (A) In general.--The term ``family'' means an 
                individual and includes the individual's dependents (if 
                any) but only if such an individual or dependent is a 
                citizen or lawful permanent resident of the United 
                States.
                    (B) Dependent.--The term ``dependent'' means, with 
                respect to any individual, any person who is--
                            (i) the spouse of such individual, or
                            (ii) under regulations of the Secretary, a 
                        child (including an adopted child) of such 
                        individual and who is under 18 years of age.
            (3) Participating state.--The term ``participating State'' 
        means any State that establishes a program and submits an 
        application for a grant under section 5.
            (4) Poverty line.--The term ``poverty line'' means the 
        income official poverty line (as defined by the Office of 
        Management and Budget, and revised annually in accordance with 
        section 673(2) of the Omnibus Budget Reconciliation Act of 
        1981) applicable to a family of the size involved.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.

SEC. 4. GRANTS FOR ESTABLISHMENT OF STATE PILOT PROGRAMS.

    (a) Grants.--
            (1) In general.--The Secretary shall award a block grant to 
        a State to enable the State to plan and establish a pilot 
        program that meets the requirements of section 5 to provide 
        vouchers to eligible children residing in the State to enable 
        such children to enroll in a health plan offered in the State.
            (2) Planning grants.--Grants awarded under paragraph (1) 
        for fiscal year 1998 shall be used by States for planning with 
        respect to the State pilot programs under this Act. A State 
        shall not be required to issue vouchers under a pilot program 
        under this Act until fiscal year 1999.
    (b) Designation of State Agency.--A State shall designate an 
appropriate State agency to administer the State pilot program 
established under this Act.

SEC. 5. PROGRAM REQUIREMENTS.

    (a) In General.--A State pilot program meets the requirements of 
this section if under the program, the State--
            (1) provides vouchers to eligible children in accordance 
        with section 7 to enable such children to enroll in health 
        plans that provide coverage for preventive, primary and acute 
        care;
            (2) provides information on the availability of vouchers 
        under this Act; and
            (3) comply with any other requirements established by the 
        Secretary.
    (b) Application.--With respect to a State pilot program established 
under this Act, to be eligible to receive payments under section 6, a 
State shall prepare and submit to the Secretary an application at such 
time, in such manner, and containing such information as the Secretary 
may require, including a plan for implementing the State pilot program.
    (c) Maintenance of Effort.--
            (1) In general.--The State, in utilizing the proceeds of a 
        grant received under this Act, shall maintain the expenditures 
        of the State for programs designed to provide health care 
        coverage for children residing in the State at a level equal to 
        not less than the level of such expenditures maintained by the 
        State for the fiscal year preceding the first fiscal year for 
        which a grant is received by the State under this Act.
            (2) Crediting provision.--Notwithstanding paragraph (1), a 
        State that is required to maintain expenditures under paragraph 
        (1) for health care coverage for children that duplicates the 
        coverage required under this Act, may use amounts provided 
        under the grant to offset State expenditures for such 
        duplicative coverage.

SEC. 6. PAYMENTS TO STATES.

    (a) In General.--The Secretary shall provide for payment to each 
participating State for each calendar quarter, beginning with any 
quarter beginning on or after the date that occurs 180 days after the 
date of enactment of this Act, in an amount equal to--
            (1) 100 percent of the total amount estimated by the 
        Secretary to be expended by the State during such quarter for 
        vouchers under the State pilot program described in section 5; 
        and
            (2) 5 percent of the total amount estimated by the 
        Secretary to be expended by the State during such quarter for 
        proper and efficient administration of the State pilot program 
        described in section 5.
    (b) Reduction in Amount.--If amounts appropriated for a fiscal year 
under section 10 are insufficient to make payments to States as 
provided for in subsection (a), the payment to each State under such 
subsection shall be ratably reduced based on the amount by which such 
appropriated amount is less than the total amount required for payments 
under such subsection.

SEC. 7. REQUIREMENTS WITH RESPECT TO VOUCHERS.

    (a) Qualified Families.--With respect to each calendar year, in the 
case of a qualified family (as defined in subsection (b)), the State 
shall provide for payment through a voucher of the voucher amount 
(specified in subsection (c)), which may be applied against the cost of 
the premium for enrollment of an eligible child in a health plan.
    (b) Qualified Family.--For purposes of this section:
            (1) In general.--Subject to paragraph (2), the term 
        ``qualified family'' means a family of which the family income 
        does not exceed 235 percent of the poverty line for a family of 
        the size involved.
            (2) Not qualified during certain periods of eligibility.--
                    (A) In general.--A family is not eligible for a 
                voucher under this section if the child or children of 
                such family is eligible for--
                            (i) medical assistance under title XIX of 
                        the Social Security Act (42 U.S.C. 1396 et 
                        seq.); or
                            (ii) health care coverage under an employer 
                        sponsored health plan.
                    (B) Transition rule.--With respect to the first 
                fiscal year during which vouchers are available under a 
                State pilot program under this Act, a family shall not 
                be eligible for such a voucher during such year if the 
                child or children of such family were eligible for--
                            (i) medical assistance under title XIX of 
                        the Social Security Act (42 U.S.C. 1396 et 
                        seq.) during the preceding fiscal year; or
                            (ii) health care coverage under an employer 
                        sponsored health plan during the preceding 
                        fiscal year.
    (c) Amount of Voucher.--
            (1) In general.--The amount of a voucher specified in this 
        subsection for a qualified family is the lesser of--
                    (A) the annual premium paid by the family for such 
                year for coverage of an eligible child under a health 
                plan in which the child is enrolled; or
                    (B) the voucher percentage (specified in paragraph 
                (2)).
            (2) Voucher percentage.--For purposes of paragraph (1), the 
        term ``voucher percentage'' means--
                    (A) with respect to a family the family income of 
                which does not exceed 185 percent of the poverty line 
                for a family of the size involved, 100 percent; or
                    (B) with respect to a family the family income of 
                which equals or exceeds 186 percent, but does not 
                exceed 235 percent, of the poverty line for a family of 
                the size involved, 100 percent reduced (but not below 
                zero percent) by .86 percentage point for each 1 
                percentage point (or portion thereof) that such 
                family's income equals or exceeds 186 percent of the 
                poverty line applicable to a family of the size 
                involved.
            (3) Limitation.--The Secretary shall, through regulations, 
        determine the amount of vouchers under this subsection.
    (d) Application for Assistance.--
            (1) In general.--Any family may file an application for a 
        voucher under this section at any time in accordance with this 
        subsection.
            (2) Use of simple form.--The State shall use an application 
        which shall be as simple in form as possible and understandable 
        to the average individual. The application may require 
        attachment of such documentation as deemed necessary by the 
        State in order to ensure eligibility for assistance.
            (3) Availability of forms.--The State shall make 
        application forms available through health care providers and 
        plans, public assistance offices, public libraries, and at 
        other locations (including post offices) accessible to a broad 
        cross-section of families.
            (4) Submission of application form.--An application form 
        under this subsection may be submitted in such manner as the 
        State shall provide.
            (5) Permitting submission of revised application.--During a 
        year, a family may submit a revised application to reflect 
        changes in the estimated income of the family, including 
        changes in employment status of family members, during the 
        year. The voucher amount shall be revised to reflect such a 
        revised application.
            (6) Enrollment at point of application.--To the extent 
        practicable, the State shall provide for the option of 
        enrollment in a health plan as part of the application and 
        approval process for assistance under this section.
    (e) Determination of Eligibility.--
            (1) In general.--The State shall provide in a prompt manner 
        for--
                    (A) a determination of eligibility on each 
                application for a voucher submitted under subsection 
                (d), and
                    (B) notice of such determination to the family 
                involved.
            (2) Election with respect to income determination.--As 
        elected by a family at the time of submission of an application 
        for a voucher under this section, income shall be determined 
        either--
                    (A) by multiplying by a factor of 4 the income for 
                the 3-month period immediately preceding the month in 
                which the application is made, or
                    (B) based upon estimated income for the entire year 
                in which the application is submitted.
    (f) Use of Voucher.--A voucher provided to a family under this 
section shall be remitted by any individual in such family to the 
health plan for payment by the State of the costs incurred in enrolling 
an eligible child for coverage under the plan. The health plan shall 
make proper adjustments in billing statements to reflect such family's 
remaining premium obligations (if any).
    (g) Reconciliation.--The State shall provide for an annual 
reconciliation of the total amount of the vouchers that a family 
received during a year as compared to the amount of the voucher that 
should have been provided under this section with respect to the family 
based on the actual income of the family during the year involved.
    (h) Determinations of Income.--For purposes of this section:
            (1) In general.--The term ``income'' means adjusted gross 
        income (as defined in section 62(a) of the Internal Revenue 
        Code of 1986)--
                    (A) determined without regard to sections 135, 
                162(l), 911, 931, and 933 of such Code; and
                    (B) increased by--
                            (i) the amount of interest received or 
                        accrued which is exempt from tax, plus
                            (ii) the amount of social security benefits 
                        (described in section 86(d) of such Code) which 
                        is not includible in gross income under section 
                        86 of such Code.
            (2) Family income.--The term ``family income'' means, with 
        respect to a family, the sum of the income for all members of 
        the family, not including the income of a dependent child with 
        respect to which no return is required under the Internal 
Revenue Code of 1986.

SEC. 8. REPORTS.

    (a) By States.--Not later than 18 months after the implementation 
of a State pilot program under this Act, and annually thereafter, the 
State shall prepare and submit to the Secretary a report concerning the 
implementation of the State pilot program under this section for the 
year involved. Such report shall include a description of the State 
pilot program and data concerning the number and amount of vouchers 
received by eligible children under such program.
    (b) By Secretary.--Not later than 2 years after the date of 
enactment of this Act, and annually thereafter, the Secretary shall 
prepare and submit to the appropriate committees of Congress a report 
concerning the implementation of State pilot programs under this 
section for the year involved. Such report shall include a compilation 
of the data contained in the Date reports submitted under subsection 
(a) for the year involved.

SEC. 9. HEALTHY CHILDREN'S TRUST FUND.

    (a) Establishment.--There is established in the Treasury of the 
United States a fund, to be known as the ``Healthy Children's Trust 
Fund'' (hereafter in this section referred to as the ``Fund''), 
consisting of such amounts as are transferred to the Fund under 
subsection (b) and any interest earned on investment of amounts in the 
Fund.
    (b) Transfers to Fund.--
            (1) In general.--The Secretary of the Treasury shall 
        transfer to the Fund amounts equivalent to amounts received in 
        the Treasury as a result of the amendments made by section 11.
            (2) Transfers based on estimates.--The amounts transferred 
        by paragraph (1) shall annually be transferred to the Fund 
        within 30 days after the President signs an appropriations Act 
        for the Departments of Labor, Health and Human Services, and 
        Education, and related agencies, or by the end of the first 
        quarter of the fiscal year. Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior estimates 
        were in excess of or less than the amounts required to be 
        transferred.
    (c) Obligations From Fund.--With respect to the amounts made 
available in the Fund in a fiscal year, the Secretary shall distribute 
such amounts in accordance with this Act.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated from the Healthy Children's 
Trust Fund established under section 9, $250,000,000 for fiscal year 
1998, $1,350,000,000 for fiscal year 1999, $2,050,000,000 for fiscal 
year 2000, $2,700,000,000 for fiscal year 2001, and $3,650,000,000 for 
fiscal year 2002, to carry out this Act.

SEC. 11. SPECTRUM AUCTIONS.

    (a) Extension and Expansion of Auction Authority.--
            (1) Amendments.--Section 309(j) of the Communications Act 
        of 1934 (47 U.S.C. 309(j)) is amended--
                    (A) by striking paragraphs (1) and (2) and 
                inserting the following:
            ``(1) General authority.--If, consistent with the 
        obligations described in paragraph (6)(E), mutually exclusive 
        applications are accepted for any initial license or 
        construction permit, then the Commission shall grant such 
        license or permit to a qualified applicant through a system of 
        competitive bidding that meets the requirements of this 
        subsection.
            ``(2) Exemptions.--The competitive bidding authority 
        granted by this subsection shall not apply to licenses or 
        construction permits issued by the Commission--
                    ``(A) that, as the result of the Commission 
                carrying out the obligations described in paragraph 
                (6)(E), are not mutually exclusive;
                    ``(B) for public safety radio services, including 
                non-Government uses the sole or principal purpose of 
                which is to protect the safety of life, health, and 
                property and which are not made commercially available 
                to the public; or
                    ``(C) for initial licenses or construction permits 
                for new terrestrial digital television services 
                assigned by the Commission to existing terrestrial 
                broadcast licensees to replace their current television 
                licenses, unless--
                            ``(i) the Commission, not later than 180 
                        days after the date of enactment of the Healthy 
                        Children's Pilot Program Act of 1997, after 
                        notice and public comment, submits to Congress 
                        a report on the use of the authority provided 
                        in this subsection for the assignment of 
                        initial licenses or construction permits for 
                        use of the electromagnetic spectrum allocated 
                        but not assigned as of the date of enactment of 
                        that Act for television broadcast services; and
                            ``(ii) the Congress amends this subsection 
                        to authorize the use of the authority provided 
                        by this subsection for such licenses or 
                        permits.
                Except as provided in this subparagraph, the Commission 
                may not assign initial licenses or construction permits 
                under this title to terrestrial commercial television 
                broadcast licensees to replace their existing broadcast 
                licenses before November 15, 1996.''; and
                    (B) by striking ``1998'' in paragraph (11) and 
                inserting ``2002''.
            (2) Conforming amendment.--Subsection (i) of section 309 of 
        such Act is repealed.
            (3) Effective date.--The amendment made by paragraph (1)(A) 
        shall not apply with respect to any license or permit for a 
        terrestrial radio or television broadcast station for which the 
        Federal Communications Commission has accepted mutually 
        exclusive applications on or before the date of enactment of 
        this Act.
    (b) Commission Obligation To Make Additional Spectrum Available by 
Auction.--
            (1) In general.--The Federal Communications Commission 
        shall complete all actions necessary to permit the assignment, 
        by September 30, 2002, by competitive bidding pursuant to 
        section 309(j) of the Communications Act of 1934 (47 U.S.C. 
        309(j)) of licenses for the use of bands of frequencies that--
                    (A) individually span not less than 25 megahertz, 
                unless a combination of smaller bands can, 
                notwithstanding the provisions of paragraph (7) of such 
                section, reasonably be expected to produce greater 
                receipts;
                    (B) in the aggregate span not less than 100 
                megahertz;
                    (C) are located below 3 gigahertz; and
                    (D) have not, as of the date of enactment of this 
                Act--
                            (i) been designated by Commission 
                        regulation for assignment pursuant to such 
                        section;
                            (ii) been identified by the Secretary of 
                        Commerce pursuant to section 113 of the 
                        National Telecommunications and Information 
                        Administration Organization Act; or
                            (iii) been reserved for Federal Government 
                        use pursuant to section 305 of the 
                        Communications Act of 1934 (47 U.S.C. 305).
                The Commission shall conduct the competitive bidding 
                for not less than one-half of such aggregate spectrum 
                by September 30, 2000.
            (2) Criteria for reassignment.--In making available bands 
        of frequencies for competitive bidding pursuant to paragraph 
        (1), the Commission shall--
                    (A) seek to promote the most efficient use of the 
                spectrum;
                    (B) take into account the cost to incumbent 
                licensees of relocating existing uses to other bands of 
                frequencies or other means of communication;
                    (C) take into account the needs of public safety 
                radio services;
                    (D) comply with the requirements of international 
                agreements concerning spectrum allocations;
                    (E) take into account the costs to satellite 
                service providers that could result from multiple 
                auctions of like spectrum internationally for global 
                satellite systems; and
                    (F) take into account the amounts reasonably 
                expected to be transferred pursuant to section 9.
            (3) Notification to ntia.--The Commission shall notify the 
        Secretary of Commerce if--
                    (A) the Commission is not able to provide for the 
                effective relocation of incumbent licensees to bands of 
                frequencies that are available to the Commission for 
                assignment; and
                    (B) the Commission has identified bands of 
                frequencies that are--
                            (i) suitable for the relocation of such 
                        licensees; and
                            (ii) allocated for Federal Government use, 
                        but that could be reallocated pursuant to part 
                        B of the National Telecommunications and 
                        Information Administration Organization Act (as 
                        amended by this section).
    (c) Identification and Reallocation of Frequencies.--The National 
Telecommunications and Information Administration Organization Act (47 
U.S.C. 901 et seq.) is amended--
            (1) in section 113, by adding at the end the following new 
        subsections:
    ``(f) Additional Reallocation Report.--If the Secretary receives a 
notice from the Commission pursuant to section 11(b)(3) of the Healthy 
Children's Pilot Program Act of 1997, the Secretary shall prepare and 
submit to the President and the Congress a report recommending for 
reallocation for use other than by Federal Government stations under 
section 305 of the 1934 Act (47 U.S.C. 305), bands of frequencies that 
are suitable for the uses identified in the Commission's notice.
    ``(g) Relocation of Federal Government Stations.--
            ``(1) In general.--In order to expedite the efficient use 
        of the electromagnetic spectrum and notwithstanding section 
        3302(b) of title 31, United States Code, any Federal entity 
        which operates a Federal Government station may accept payment 
        in advance or in-kind reimbursement of costs, or a combination 
        of payment in advance and in-kind reimbursement, from any 
        person to defray entirely the expenses of relocating the 
        Federal entity's operations from one or more radio spectrum 
        frequencies to another frequency or frequencies, including, 
without limitation, the costs of any modification, replacement, or 
reissuance of equipment, facilities, operating manuals, regulations, or 
other expenses incurred by that entity. Any such payment shall be 
deposited in the account of such Federal entity in the Treasury of the 
United States. Funds deposited according to this paragraph shall be 
available, without appropriation or fiscal year limitation, only for 
the operations of the Federal entity for which such funds were 
deposited under this paragraph.
            ``(2) Process for relocation.--Any person seeking to 
        relocate a Federal Government station that has been assigned a 
        frequency within a band allocated for mixed Federal and non-
        Federal use may submit a petition for such relocation to NTIA. 
        The NTIA shall limit or terminate the Federal Government 
        station's operating license when the following requirements are 
        met:
                    ``(A) the person seeking relocation of the Federal 
                Government station has guaranteed to defray entirely, 
                through payment in advance, in-kind reimbursement of 
                costs, or a combination thereof, all relocation costs 
                incurred by the Federal entity, including all 
                engineering, equipment, site acquisition and 
                construction, and regulatory fee costs;
                    ``(B) the person seeking relocation completes all 
                activities necessary for implementing the relocation, 
                including construction of replacement facilities (if 
                necessary and appropriate) and identifying and 
                obtaining on the Federal entity's behalf new 
                frequencies for use by the relocated Federal Government 
                station (where such station is not relocating to 
                spectrum reserved exclusively for Federal use);
                    ``(C) any necessary replacement facilities, 
                equipment modifications, or other changes have been 
                implemented and tested to ensure that the Federal 
                Government station is able to successfully accomplish 
                its purposes; and
                    ``(D) NTIA has determined that the proposed use of 
                the spectrum frequency band to which the Federal entity 
                will relocate its operations is--
                            ``(i) consistent with obligations 
                        undertaken by the United States in 
                        international agreements and with United States 
                        national security and public safety interests; 
                        and
                            ``(ii) suitable for the technical 
                        characteristics of the band and consistent with 
                        other uses of the band.
                In exercising its authority under subparagraph (D)(i), 
                NTIA shall consult with the Secretary of Defense, the 
                Secretary of State, or other appropriate officers of 
                the Federal Government.
            ``(3) Right to reclaim.--If within 1 year after the 
        relocation the Federal Government station demonstrates to the 
        Commission that the new facilities or spectrum are not 
        comparable to the facilities or spectrum from which the Federal 
        Government station was relocated, the person seeking such 
        relocation must take reasonable steps to remedy any defects or 
        pay the Federal entity for the costs of returning the Federal 
        Government station to the spectrum from which such station was 
        relocated.
    ``(h) Federal Action To Expedite Spectrum Transfer.--Any Federal 
Government station which operates on electromagnetic spectrum that has 
been identified for reallocation for mixed Federal and non-Federal use 
in any reallocation report under subsection (a) shall, to the maximum 
extent practicable through the use of the authority granted under 
subsection (g) and any other applicable provision of law, take action 
to relocate its spectrum use to other frequencies that are reserved for 
Federal use or to consolidate its spectrum use with other Federal 
Government stations in a manner that maximizes the spectrum available 
for non-Federal use. Subsection (c)(4) shall not apply to the extent 
that a non-Federal user seeks to relocate or relocates a Federal power 
agency under subsection (g).
    ``(i) Definition.--For purposes of this section, the term `Federal 
entity' means any department, agency, or other instrumentality of the 
Federal Government that utilizes a Government station license obtained 
under section 305 of the 1934 Act (47 U.S.C. 305).''; and
            (2) in section 114(a)(1), by striking ``(a) or (d)(1)'' and 
        inserting ``(a), (d)(1), or (f)''.
    (d) Identification and Reallocation of Auctionable Frequencies.--
The National Telecommunications and Information Administration 
Organization Act (47 U.S.C. 901 et seq.) is amended--
            (1) in section 113(b)--
                    (A) by striking the heading of paragraph (1) and 
                inserting ``Initial reallocation report.--'';
                    (B) by inserting ``in the first report required by 
                subsection (a)'' after ``recommend for reallocation'' 
                in paragraph (1);
                    (C) by inserting ``or (3)'' after ``paragraph (1)'' 
                each place it appears in paragraph (2); and
                    (D) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) Second reallocation report.--In accordance with the 
        provisions of this section, the Secretary shall recommend for 
        reallocation in the second report required by subsection (a), 
        for use other than by Federal Government stations under section 
        305 of the 1934 Act (47 U.S.C. 305), a single frequency band 
        that spans not less than an additional 20 megahertz, that is 
        located below 3 gigahertz, and that meets the criteria 
        specified in paragraphs (1) through (5) of subsection (a).''; 
        and
            (2) in section 115--
                    (A) in subsection (b), by striking ``the report 
                required by section 113(a)'' and inserting ``the 
                initial reallocation report required by section 
                113(a)''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(c) Allocation and Assignment of Frequencies Identified in the 
Second Reallocation Report.--With respect to the frequencies made 
available for reallocation pursuant to section 113(b)(3), the 
Commission shall, not later than 1 year after receipt of the second 
reallocation report required by such section, prepare, submit to the 
President and the Congress, and implement, a plan for the allocation 
and assignment under the 1934 Act of such frequencies. Such plan shall 
propose the immediate allocation and assignment of all such frequencies 
in accordance with section 309(j) of the 1934 Act (47 U.S.C. 
309(j)).''.

SEC. 12. REGULATIONS.

    The Secretary may issue regulations and interim final regulations 
to implement the pilot program established under this Act.
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