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(II) by striking ‘‘that fund’’ each
place such term appears and inserting
‘‘the Deposit Insurance Fund’’;
(III) in subparagraph (A), by
striking ‘‘Except as provided in para-
graph (2)(F), if’’ and inserting ‘‘If’’;
(IV) in subparagraph (A), by
striking ‘‘any deposit insurance fund’’
and inserting ‘‘the Deposit Insurance
Fund’’; and
(V) by striking subparagraphs (C)
and (D) and inserting the following:
‘‘(C) AMENDING SCHEDULE.—The Corpora-
tion may, by regulation, amend a schedule pro-
mulgated under subparagraph (B).’’; and
(viii) in paragraph (6)—
(I) by striking ‘‘any such assess-
ment’’ and inserting ‘‘any such assess-
ment is necessary’’;
(II) by striking ‘‘(A) is nec-
essary—’’;
(III) by striking subparagraph
(B);
(IV) by redesignating clauses (i),
(ii), and (iii) as subparagraphs (A),
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(B), and (C), respectively, and moving
the margins 2 ems to the left; and
(V) in subparagraph (C) (as re-
designated), by striking ‘‘; and’’ and
inserting a period;
(H) in section 7(d) (12 U.S.C. 1817(d)) (as
added by section 3001(c)(1) of this Act)—
(i) in the subsection heading, by strik-
ing ‘‘BANK’’ and inserting ‘‘DEPOSIT’’; and
(ii) by striking ‘‘Bank Insurance
Fund’’ each place such term appears and
inserting ‘‘Deposit Insurance Fund’’;
(I) 
in 
section 
11(f)(1) 
(12 
U.S.C.
1821(f)(1)), by striking ‘‘, except that—’’ and all
that follows through the end of the paragraph
and inserting a period;
(J) 
in 
section 
11(i)(3) 
(12 
U.S.C.
1821(i)(3))—
(i) by striking subparagraph (B);
(ii) by redesignating subparagraph (C)
as subparagraph (B); and
(iii) in subparagraph (B) (as redesig-
nated), by striking ‘‘subparagraphs (A) and
(B)’’ and inserting ‘‘subparagraph (A)’’;
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(K) 
in 
section 
11A(a) 
(12 
U.S.C.
1821a(a))—
(i) in paragraph (2), by striking ‘‘LI-
ABILITIES.—’’ and all that follows through
‘‘Except’’ and inserting ‘‘LIABILITIES.—Ex-
cept’’;
(ii) by striking paragraph (2)(B); and
(iii) in paragraph (3), by striking ‘‘the
Bank Insurance Fund, the Savings Associa-
tion Insurance Fund,’’ and inserting ‘‘the
Deposit Insurance Fund’’;
(L) in section 11A(b) (12 U.S.C. 1821a(b)),
by striking paragraph (4);
(M) in section 11A(f) (12 U.S.C. 1821a(f)),
by striking ‘‘Savings Association Insurance
Fund’’ and inserting ‘‘Deposit Insurance Fund’’;
(N) in section 13 (12 U.S.C. 1823)—
(i) in subsection (a)(1), by striking
‘‘Bank Insurance Fund, the Savings Asso-
ciation Insurance Fund,’’ and inserting
‘‘Deposit Insurance Fund, the Special Re-
serve of the Deposit Insurance Fund,’’;
(ii) in subsection (c)(4)(E)—
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(I) in the subparagraph heading,
by striking ‘‘FUNDS’’ and inserting
‘‘FUND’’; and
(II) in clause (i), by striking
‘‘any insurance fund’’ and inserting
‘‘the Deposit Insurance Fund’’;
(iii) in subsection (c)(4)(G)(ii)—
(I) by striking ‘‘appropriate in-
surance fund’’ and inserting ‘‘Deposit
Insurance Fund’’;
(II) by striking ‘‘the members of
the insurance fund (of which such in-
stitution is a member)’’ and inserting
‘‘insured depository institutions’’;
(III) by striking ‘‘each member’s’’
and inserting ‘‘each insured depository
institution’s’’; and
(IV) by striking ‘‘the member’s’’
each place such term appears and in-
serting ‘‘the institution’s’’;
(iv) in subsection (c), by striking para-
graph (11);
(v) in subsection (h), by striking
‘‘Bank Insurance Fund’’ and inserting ‘‘De-
posit Insurance Fund’’;
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(vi) in subsection (k)(4)(B)(i), by
striking ‘‘Savings Association Insurance
Fund’’ and inserting ‘‘Deposit Insurance
Fund’’; and
(vii) in subsection (k)(5)(A), by strik-
ing ‘‘Savings Association Insurance Fund’’
and inserting ‘‘Deposit Insurance Fund’’;
(O) in section 14(a) (12 U.S.C. 1824(a)) in
the fifth sentence—
(i) by striking ‘‘Bank Insurance Fund
or 
the 
Savings 
Association 
Insurance
Fund’’ and inserting ‘‘Deposit Insurance
Fund’’; and
(ii) by striking ‘‘each such fund’’ and
inserting ‘‘the Deposit Insurance Fund’’;
(P) in section 14(b) (12 U.S.C. 1824(b)), by
striking ‘‘Bank Insurance Fund or Savings Asso-
ciation Insurance Fund’’ and inserting ‘‘Deposit
Insurance Fund’’;
(Q) in section 14(c) (12 U.S.C. 1824(c)), by
striking paragraph (3);
(R) in section 14(d) (12 U.S.C. 1824(d))—
(i) by striking ‘‘BIF’’ each place such
term appears and inserting ‘‘DIF’’; and
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(ii) by striking ‘‘Bank Insurance
Fund’’ each place such term appears and
inserting ‘‘Deposit Insurance Fund’’;
(S) 
in 
section 
15(c)(5) 
(12 
U.S.C.
1825(c)(5))—
(i) by striking ‘‘the Bank Insurance
Fund or Savings Association Insurance
Fund, respectively’’ each place such term
appears and inserting ‘‘the Deposit Insur-
ance Fund’’; and
(ii) in subparagraph (B), by striking
‘‘the Bank Insurance Fund or the Savings
Association Insurance Fund, respectively’’
and 
inserting 
‘‘the 
Deposit 
Insurance
Fund’’;
(T) in section 17(a) (12 U.S.C. 1827(a))—
(i) in the subsection heading, by strik-
ing ‘‘BIF, SAIF,’’ and inserting ‘‘THE DE-
POSIT INSURANCE FUND’’; and
(ii) in paragraph (1), by striking ‘‘the
Bank Insurance Fund, the Savings Associa-
tion Insurance Fund,’’ each place such term
appears and inserting ‘‘the Deposit Insur-
ance Fund’’;
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(U) in section 17(d) (12 U.S.C. 1827(d)),
by striking ‘‘the Bank Insurance Fund, the Sav-
ings Association Insurance Fund,’’ each place
such term appears and inserting ‘‘the Deposit
Insurance Fund’’;
(V) 
in 
section 
18(m)(3) 
(12 
U.S.C.
1828(m)(3))—
(i) by striking ‘‘Savings Association
Insurance Fund’’ each place such term ap-
pears and inserting ‘‘Deposit Insurance
Fund’’; and
(ii) in subparagraph (C), by striking
‘‘or the Bank Insurance Fund’’;
(W) in section 18(p) (12 U.S.C. 1828(p)),
by striking ‘‘deposit insurance funds’’ and in-
serting ‘‘Deposit Insurance Fund’’;
(X) in section 24 (12 U.S.C. 1831a) in sub-
sections (a)(1) and (d)(1)(A), by striking ‘‘ap-
propriate deposit insurance fund’’ each place
such term appears and inserting ‘‘Deposit Insur-
ance Fund’’;
(Y) in section 28 (12 U.S.C. 1831e), by
striking ‘‘affected deposit insurance fund’’ each
place such term appears and inserting ‘‘Deposit
Insurance Fund’’;
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(Z) by striking section 31 (12 U.S.C.
1831h);
(AA) 
in 
section 
36(i)(3) 
(12 
U.S.C.
1831m(i)(3)) by striking ‘‘affected deposit insur-
ance fund’’ and inserting ‘‘Deposit Insurance
Fund’’;
(BB) in section 38(a) (12 U.S.C. 1831o(a))
in the subsection heading, by striking ‘‘FUNDS’’
and inserting ‘‘FUND’’;
(CC) 
in 
section 
38(k) 
(12 
U.S.C.
1831o(k))—
(i) in paragraph (1), by striking ‘‘a
deposit insurance fund’’ and inserting ‘‘the
Deposit Insurance Fund’’; and
(ii) in paragraph (2)(A)—
(I) by striking ‘‘A deposit insur-
ance fund’’ and inserting ‘‘The Deposit
Insurance Fund’’; and
(II) by striking ‘‘the deposit in-
surance fund’s outlays’’ and inserting
‘‘the outlays of the Deposit Insurance
Fund’’; and
(DD) 
in 
section 
38(o) 
(12 
U.S.C.
1831o(o))—
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(i) by striking ‘‘ASSOCIATIONS.—’’ and
all that follows through ‘‘Subsections (e)(2)’’
and inserting ‘‘ASSOCIATIONS.—Subsections
(e)(2)’’;
(ii) by redesignating subparagraphs
(A), (B), and (C) as paragraphs (1), (2),
and (3), respectively; and
(iii) in paragraph (1) (as redesig-
nated), by redesignating clauses (i) and (ii)
as subparagraphs (A) and (B), respectively.
(9) AMENDMENTS TO THE FINANCIAL INSTITU-
TIONS REFORM, RECOVERY, AND ENFORCEMENT ACT
OF 1989.—The Financial Institutions Reform, Recov-
ery, and Enforcement Act (Public Law 101–73; 103
Stat. 183) is amended—
(A) in section 951(b)(3)(B) (12 U.S.C.
1833a(b)(3)(B)), by striking ‘‘Bank Insurance
Fund, the Savings Association Insurance Fund,’’
and inserting ‘‘Deposit Insurance Fund’’; and
(B) in section 1112(c)(1)(B) (12 U.S.C.
3341(c)(1)(B)), by striking ‘‘Bank Insurance
Fund, the Savings Association Insurance Fund,’’
and inserting ‘‘Deposit Insurance Fund’’.
(10) AMENDMENT
TO
THE
BANK
ENTERPRISE
ACT OF 1991.—Section 232(a)(1) of the Bank Enter-
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prise Act of 1991 (12 U.S.C. 1834(a)(1)) is amended
by striking ‘‘section 7(b)(2)(H)’’ and inserting ‘‘sec-
tion 7(b)(2)(G)’’.
(11) AMENDMENT TO THE BANK HOLDING COM-
PANY
ACT.—Section 2(j)(2) of the Bank Holding
Company Act (12 U.S.C. 1841(j)(2)) is amended by
striking ‘‘Savings Association Insurance Fund’’ and
inserting ‘‘Deposit Insurance Fund’’.
(f) DEFINITIONS.—For purposes of this section—
(1) the term ‘‘Bank Insurance Fund’’ means the
fund established pursuant to section (11)(a)(5)(A) of
the Federal Deposit Insurance Act, as that section ex-
isted on the day before the date of enactment of this
Act;
(2) the terms ‘‘Board of Directors’’, ‘‘Corpora-
tion’’, ‘‘insured depository institution’’, ‘‘Federal sav-
ings association’’, ‘‘savings association’’, ‘‘State sav-
ings bank’’, and ‘‘State depository institution’’ have
the same meanings as in section 3 of the Federal De-
posit Insurance Act;
(3) the term ‘‘Deposit Insurance Fund’’ means
the fund established under section 11(a)(4) of the Fed-
eral Deposit Insurance Act, as amended by subsection
(d) of this section;
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(4) the term ‘‘designated reserve ratio’’ has the
same meaning as in section 7(b)(2)(A)(iv) of the Fed-
eral Deposit Insurance Act;
(5) the term ‘‘Savings Association Insurance
Fund’’ means the fund established pursuant to section
11(a)(6)(A) of the Federal Deposit Insurance Act, as
that section existed on the day before the date of en-
actment of this Act; and
(5) the term ‘‘SAIF-assessable deposit’’ means—
(A) a deposit that is subject to assessment
for purposes of the Savings Association Insur-
ance Fund under the Federal Deposit Insurance
Act; and
(B) a deposit that section 5(d)(3) of the
Federal Deposit Insurance Act treats as insured
by the Savings Association Insurance Fund.
SEC. 3002. ANNUAL ADJUSTMENT FACTORS FOR OPERAT-
ING COSTS ONLY; RESTRAINT ON SECTION 8
RENT INCREASES FOR STAYERS IN THE CER-
TIFICATE PROGRAM.
(a) ANNUAL ADJUSTMENT FACTORS FOR OPERATING
COSTS ONLY.—Section 8(c)(2)(A) of the United States
Housing Act of 1937 (42 U.S.C. 1437f(c)(2)(A)) is amend-
ed—
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(1) 
by 
striking 
‘‘(2)(A)’’ 
and 
inserting
‘‘(2)(A)(i)’’;
(2) by striking the second sentence and all that
follows through the end of the subparagraph; and
(3) by adding at the end the following new
clause:
‘‘(ii)(I) Except as provided in subclause (II), if the
maximum monthly rent for a unit in a new construction
or substantial rehabilitation project to be adjusted using an
annual adjustment factor exceeds 100 percent of the fair
market rent for an existing dwelling unit in the market
area, the Secretary shall adjust the rent using an operating
costs factor that increases the rent to reflect increases in
operating costs in the market area.
‘‘(II) If the owner of a unit in a project described in
subclause (I) demonstrates that the adjusted rent deter-
mined under subclause (I) would not exceed the rent for
an unassisted unit of similar quality, type, and age in the
same market area, as determined by the Secretary, the Sec-
retary shall use the otherwise applicable annual adjustment
factor.’’.
(b) RESTRAINT ON SECTION 8 RENT INCREASES FOR
STAYERS
IN
THE
CERTIFICATE
PROGRAM.—Section
8(c)(2)(A) of the United States Housing Act of 1937 (42
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U.S.C. 1437f(c)(2)(A)), as amended by subsection (a), is
amended by adding at the end the following new clause:
‘‘(iii) In the case of assistance under the certificate
program under this section, 0.01 shall be subtracted from
the amount of the annual adjustment factor, except that the
annual adjustment factor shall not be reduced to less than
1.0.’’.
(c) APPLICABILITY.—The amendments made by sub-
section (a) shall apply to all contracts for new construction
or substantial rehabilitation projects under which rents are
adjusted under section 8(c)(2)(A) of the United States
Housing Act of 1937, by applying an annual adjustment
factor.
(d) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) shall become effective on October 1,
1996.
SEC. 3003. WORKING FAMILY PREFERENCE FOR ADMISSION
TO ASSISTED HOUSING.
Section 8(d)(1)(A)(i) of the United States Housing Act
of 1937 (42 U.S.C. 1437f(d)(1)(A)(i)) is amended to read
as follows:
‘‘(i) provide that not less than 50 per-
cent of the units shall be made available for
occupancy by families that include one or
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more adult members who are employed on a
full- or part-time basis;’’.
SEC. 3004. AMENDMENTS TO THE CIVIL WAR BATTLEFIELD
COMMEMORATIVE COIN ACT OF 1992.
(a) DISTRIBUTION AND USE OF SURCHARGES.—
(1) IN GENERAL.—Section 6 of the Civil War
Battlefield Commemorative Coin Act of 1992 (31
U.S.C. 5112 note) is amended to read as follows:
‘‘SEC. 6. DISTRIBUTION AND USE OF SURCHARGES.
‘‘(a) DISTRIBUTION.—An amount equal to $5,300,000
of the surcharges received by the Secretary from the sale
of coins issued under this Act shall be promptly paid by
the Secretary to the Association for the Preservation of Civil
War Sites, Incorporated (hereafter in this Act referred to
as the ‘Association’), to be used for the acquisition of his-
torically significant and threatened Civil War sites selected
by the Association.
‘‘(b) CIVIL WAR SITES INCLUDED.—In using amounts
paid to the Association under subsection (a), the Association
may spend—
‘‘(1) not more than $500,000 to acquire sites at
Malvern Hill, Virginia;
‘‘(2) not more than $1,000,000 to acquire sites at
Cornith, Mississippi;
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‘‘(3) not more than $300,000 to acquire sites at
Spring Hill, Tennessee;
‘‘(4) not more than $1,000,000 to acquire sites at
Winchester, Virginia;
‘‘(5) not more than $500,000 to acquire sites at
Resaca, Georgia;
‘‘(6) not more than $250,000 to acquire sites at
Brice’s Cross Roads, Mississippi;
‘‘(7) not more than $250,000 to acquire sites at
Perryville, Kentucky;
‘‘(8) not more than $1,000,000 to acquire sites at
Brandy Station, Virginia;
‘‘(9) not more than $250,000 to acquire sites at
Kernstown, Virginia; and
‘‘(10) not more than $250,000 to acquire sites at
Glendale, Virginia.’’.
(2) TRANSFER OF SURCHARGES.—
(A) TO TREASURY.—Not later than 10 days
after the date of enactment of this Act, the Civil
War Trust, formerly called the Civil War Battle-
field Foundation (hereafter in this section re-
ferred to as the ‘‘Foundation’’) shall transfer to
the Secretary of the Treasury an amount equal
to $5,300,000.
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a qualified applicant through a system of competitive
bidding that meets the requirements of this subsection.
‘‘(2) EXCEPTIONS.—The competitive bidding au-
thority granted by this subsection shall not apply to
licenses or construction permits issued by the Com-
mission—
‘‘(A) that, as the result of the Commission
carrying out the obligations described in para-
graph (6)(E), are not mutually exclusive;
‘‘(B) for public safety radio services, includ-
ing non-Government uses that protect the safety
of life, health, and property and that are not
made commercially available to the public; or
‘‘(C) for initial licenses or construction per-
mits for new terrestrial digital television services
assigned by the Commission to existing terres-
trial broadcast licensees to replace their existing
television licenses, unless the Commission—
‘‘(i) not later than 180 days after the
date of enactment of the Omnibus Budget
Reconciliation Act of 1995, after notice and
public comment, submits to Congress a pro-
posal to use the authority provided in this
subsection for the assignment of initial li-
censes or construction permits for use of the
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electromagnetic spectrum allocated but not
assigned as of the date of enactment of that
Act for television broadcast services; and
‘‘(ii) the Congress takes action to ap-
prove the plan or 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 terres-
trial commercial television broadcast licensees to
replace their existing broadcast licenses before
January 1, 1998.’’; and
(B) by striking ‘‘1998’’ in paragraph (11)
and inserting ‘‘2002’’.
(2) CONFORMING AMENDMENT.—Subsection (i) of
section 309 of such Act is repealed.
(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 li-
censes for the use of bands of frequencies that—
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(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 ex-
pected 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 assigned or designated by
Commission regulation for assignment pur-
suant to such section;
(ii) been identified by the Secretary of
Commerce pursuant to section 113 of the
National Telecommunications and Informa-
tion Administration Organization Act (47
U.S.C. 923); or
(iii) reserved for Federal Government
use pursuant to section 305 of the Commu-
nications Act of 1934 (47 U.S.C. 305).
The Commission shall conduct the competitive
bidding for not less than one-half of such aggre-
gate spectrum by September 30, 2000.
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(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 commu-
nication;
(C) take into account the needs of public
safety radio services;
(D) comply with the requirements of inter-
national agreements concerning spectrum alloca-
tions; and
(E) take into account the costs to satellite
service providers that could result from multiple
auctions of like spectrum internationally for
global satellite systems.
(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
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(B) the Commission has identified bands of
frequencies that are—
(i) suitable for the relocation of such li-
censees; and
(ii) allocated for Federal Government
use, but that could be reallocated pursuant
to part B of the National Telecommuni-
cations and Information Administration
Organization Act (47 U.S.C. 921 et seq.), as
amended by this Act.
(c) IDENTIFICATION
AND REALLOCATION
OF FRE-
QUENCIES; RELOCATION OF FEDERAL GOVERNMENT STA-
TIONS.—The National Telecommunications and Informa-
tion Administration Organization Act (47 U.S.C. 901 et
seq.) is amended—
(1) by adding at the end of section 113 the fol-
lowing:
‘‘(f) ADDITIONAL REALLOCATION REPORT.—If the Sec-
retary receives a notice from the Commission pursuant to
section 4001(b)(3) of the Omnibus Budget Reconciliation
Act of 1995, the Secretary shall prepare and submit to the
President and the Congress a report recommending for
reallocation for use other than by Federal Government sta-
tions under section 305 of the 1934 Act (47 U.S.C. 305),
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bands of frequencies that are suitable for the uses identified
in the Commission’s notice.
‘‘(g) RELOCATION OF FEDERAL GOVERNMENT STA-
TIONS.—
‘‘(1) IN GENERAL.—In order to expedite the effi-
cient use of the electromagnetic spectrum and not-
withstanding section 3302(b) of title 31, United
States Code, any Federal entity which operates a Fed-
eral Government station may accept payment in ad-
vance or in-kind reimbursement of costs, or a com-
bination of payment in advance and in-kind reim-
bursement, from any person to defray entirely the ex-
penses of relocating the Federal entity’s operations
from one or more radio spectrum frequencies to any
other frequency or frequencies, including, without lim-
itation, the costs of any modification, replacement, or
reissuance of equipment, facilities, operating manu-
als, 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 sec-
tion shall be available, without appropriation or fis-
cal year limitation, only for the operations of the
Federal entity for which such funds were deposited
under this section.
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‘‘(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 the Federal Government station’s operat-
ing license to secondary status when the following re-
quirements 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 Fed-
eral 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 relo-
cation, including construction of replacement fa-
cilities (if necessary and appropriate) and iden-
tifying and obtaining on the Federal entity’s be-
half new frequencies for use by the relocated Fed-
eral Government station (where such station is
not relocating to spectrum reserved exclusively
for Federal use);
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‘‘(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 success-
fully accomplish its purposes; and
‘‘(D) NTIA has determined that the pro-
posed use of the spectrum frequency band to
which the Federal entity will relocate its oper-
ations is—
‘‘(i) consistent with obligations under-
taken by the United States in international
agreements and with United States national
security and public safety interests; and
‘‘(ii) suitable for the technical charac-
teristics of the band and consistent with
other uses of the band.
In exercising its authority under subparagraph
(D) with respect to issues that could have na-
tional security or foreign relations implications,
NTIA shall consult with the Secretary of Defense
or the Secretary of State, or both, as appro-
priate.
‘‘(3) RIGHT TO RECLAIM.—If within one year
after the relocation the Federal Government station
demonstrates to the Commission that the new facili-
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ties or spectrum are not comparable to the facilities
or spectrum from which the Federal Government sta-
tion 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 oper-
ates on electromagnetic spectrum that has been identified
for reallocation for mixed Federal and non-Federal use in
the Spectrum Reallocation Final Report shall, to the maxi-
mum extent practicable through the use of the authority
granted under subsection (g) and any other applicable pro-
vision of law, take action to relocate its spectrum use to
other frequencies that are reserved for Federal use or to con-
solidate its spectrum use with other Federal Government
stations in a manner that maximizes the spectrum avail-
able for non-Federal use. Subsection (c)(4) of this section
shall not apply to the extent that a non-Federal user seeks
to relocate or relocates a Federal power agency under sub-
section (g).
‘‘(i) DEFINITIONS.—For purposes of this section—
‘‘(1) FEDERAL ENTITY.—The term ‘Federal en-
tity’ means any Department, agency, or other element
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of the Federal Government that utilizes radio fre-
quency spectrum in the conduct of its authorized ac-
tivities, including a Federal power agency.
‘‘(2) 
SPECTRUM
REALLOCATION
FINAL
RE-
PORT.—The term ‘Spectrum Reallocation Final Re-
port’ means the report submitted by the Secretary to
the President and Congress in compliance with the re-
quirements of subsection (a).’’; and
(2) by striking ‘‘(a) or (d)(1)’’ in section
114(a)(1) and inserting ‘‘(a), (d)(1), or (f)’’.
(d) 
IDENTIFICATION
AND
REALLOCATION
OF
AUCTIONABLE
FREQUENCIES.—The 
National 
Tele-
communications and Information Administration Organi-
zation Act (47 U.S.C. 901 et seq.), as amended by this Act,
is amended—
(1) by striking the heading of paragraph (1) of
section 113(b) and inserting ‘‘INITIAL REALLOCATION
REPORT.—’’;
(2) by inserting ‘‘in the first report required by
subsection (a)’’ after ‘‘recommend for reallocation’’ in
such paragraph;
(3) by inserting ‘‘or (3)’’ after ‘‘paragraph (1)’’
each place it appears in paragraph (2) of section
113(b);
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(4) by adding at the end of section 113(b) the
following:
‘‘(3) SECOND
REALLOCATION
REPORT.—In ac-
cordance with the provisions of this section, the Sec-
retary shall recommend for reallocation for use other
than by Federal Government stations under section
305 of the 1934 Act (47 U.S.C. 305), a single fre-
quency 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).’’;
(5) by striking ‘‘the report required by section
113(a)’’ in section 115(b) and inserting ‘‘the initial
reallocation report required by section 113(a)’’; and
(6) by adding at the end of section 115 the fol-
lowing:
‘‘(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, sub-
mit 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
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allocation and assignment of all such frequencies in accord-
ance with section 309(j) of the 1934 Act (47 U.S.C.
309(j)).’’.
Subtitle B—Oceans and Fisheries
SEC. 4021. LIMITS ON COAST GUARD USER FEES.
Section 10401(g) of the Omnibus Budget Reconcili-
ation Act of 1990 (46 U.S.C. 2110(a)(2)) is amended by
adding after ‘‘annually.’’ the following: ‘‘The Secretary may
not establish a fee or charge under paragraph (1) for inspec-
tion or examination of a small passenger vessel under this
title that is more than $300 annually for such vessels under
65 feet in length, or more than $600 annually for such ves-
sels 65 feet in length and greater. The Secretary may not
establish a fee or charge under paragraph (1) for inspection
or examination under this title for any publicly-owned
ferry.’’.
SEC. 4022. OIL SPILL RECOVERY INSTITUTE.
(a) FUNDING.—Section 5006 of the Oil Pollution Act
of 1990 (33 U.S.C. 2736) is amended by—
(1) striking subsection (a), redesignating sub-
section (b) as subsection ‘‘(a)’’;
(2) striking ‘‘5003’’ in the caption of subsection
(a), as redesignated, and inserting ‘‘5001, 5003,’’;
(3) inserting ‘‘to carry out section 5001 in the
amount as determined in section 5006(b), and’’ after
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‘‘limitation,’’ in the text of subsection (a), as redesig-
nated; and
(4) adding at the end thereof the following:
‘‘(b) USE OF INTEREST ONLY.—The amount of fund-
ing to be made available annually to carry out section 5001
shall be the interest produced by the Fund’s investment of
the $22,500,000 remaining funding authorized for the
Prince William Sound Oil Spill Recovery Institute and
currently deposited in the Fund and invested by the Sec-
retary of the Treasury in income producing securities along
with other funds comprising the Fund.
‘‘(c) USE FOR SECTION 1012.—Beginning with the
eleventh year following the date of enactment of the Coast
Guard Authorization Act of 1995, the funding authorized
for the Prince William Sound Oil Spill Recovery Institute
and deposited in the Fund shall thereafter be made avail-
able for purposes of section 1012 in Alaska.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 6002(b) of the Oil Pollution Act of
1990 (33 U.S.C. 2752(b)) is amended by striking
‘‘5006(b)’’ and inserting ‘‘5006’’.
(2) Section 7001(c)(9) the Oil Pollution Act of
1990 (33 U.S.C. 2761(c)(9)) is amended by striking
the period at the end thereof and inserting ‘‘until the
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authorization for funding under section 5006(b) ex-
pires’’.
Subtitle C—Rail Infrastructure
SEC. 4031. RAILROAD REHABILITATION AND IMPROVEMENT
PROGRAM.
(a) ISSUANCE
OF OBLIGATIONS.—The Secretary of
Transportation shall issue to the Secretary of the Treasury
notes or other obligations pursuant to section 512 of the
Railroad Revitalization and Regulatory Reform Act of
1976 (45 U.S.C. 832) in such amounts and at such times
as may be necessary to pay any amounts required pursuant
to the guarantee of the principal amount of obligations
under sections 511 through 513 of that Act (45 U.S.C. 831
through 833) as long as any such guaranteed obligation is
outstanding.
(b) LIMITATION.—Notwithstanding any other provi-
sion of law, the Secretary of Transportation may not make
loan guarantee commitments under section 511 of that Act
(45 U.S.C. 831) in excess of $100,000,000 during each fiscal
year from 1996 through 2002, and $10,000,000 is hereby
made available for loan guarantee commitments made dur-
ing each of those fiscal years.
SEC. 4032. LOCAL RAIL FREIGHT ASSISTANCE.
Section 22108(a) of title 49, United States Code, is
amended—
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(1) by adding at the end of paragraph (1) the
following:
‘‘(C) $25,000,000 for each of the fiscal years
ending September 30, 1995, 1996, and 1997,
which is authorized and hereby made available.’’;
and
(2) by striking ‘‘1994,’’ in paragraph (3) and in-
serting ‘‘1997,’’.
SEC. 4033. DISASTER FUNDING FOR RAILROADS.
Section 22101 of title 49, United States Code, is
amended by redesignating subsection (d) as (e), and by in-
serting after subsection (c) the following:
‘‘(d) DISASTER FUNDING FOR RAILROADS.—
‘‘(1) The Secretary may declare that a disaster
has occurred and that it is necessary to repair and
rebuild rail lines damaged as a result of such disas-
ter. If the Secretary makes a declaration under this
paragraph, the Secretary may—
‘‘(A) waive the requirements of this section;
‘‘(B) consider the extent to which the State
has available unexpended local rail freight as-
sistance funds or available repaid loans; and
‘‘(C) prescribe the form and time for appli-
cations for assistance made available herein.
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‘‘(2) The Secretary may not provide assistance
under this subsection unless emergency disaster relief
funds are appropriated for that purpose.
‘‘(3) Funds provided under this subsection shall
remain available until expended.’’.
SEC. 4034. GRADE-CROSSING ELIGIBILITY.
Section 22101(a) of title 49, United States Code, is
amended—
(1) by striking ‘‘and’’ after the semicolon in
paragraph (2);
(2) by striking the period at the end of para-
graph (3) and inserting a semicolon; and
(3) by adding at the end thereof the following
new paragraphs:
‘‘(4) closing or improving a railroad grade cross-
ing or series of railroad grade crossings; and
‘‘(5) creating a State supervised grain car
pool.’’.
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TITLE V—COMMITTEE ON EN-
ERGY 
AND 
NATURAL 
RE-
SOURCES
Subtitle A—United States
Enrichment Corporation
SEC. 5001. SHORT TITLE.
This subtitle may be cited as the ‘‘USEC Privatization
Act’’.
SEC. 5002. PURPOSE.
The purpose of this subtitle is to transfer the interest
of the United States in the United States Enrichment Cor-
poration to the private sector in a manner that provides
for the long-term viability of the Corporation, provides for
the continuation by the Corporation of the operation of the
Department of Energy’s gaseous diffusion plants, provides
for the protection of the public interest in maintaining a
reliable and economical domestic source of uranium mining
and enrichment services, and, to the extent not inconsistent
with such purposes, secures the maximum proceeds to the
United States.
SEC. 5003. DEFINITIONS.
For purposes of this subtitle:
(1) The term ‘‘AVLIS’’ means atomic vapor laser
isotope separation technology.
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(2) The term ‘‘Corporation’’ means the United
States Enrichment Corporation and, unless the con-
text otherwise requires, includes the private corpora-
tion and any successor thereto following privatiza-
tion.
(3) The term ‘‘gaseous diffusion plants’’ means
the Paducah Gaseous Diffusion Plant at Paducah,
Kentucky and the Portsmouth Gaseous Diffusion
Plant at Piketon, Ohio.
(4) The term ‘‘highly enriched uranium’’ means
uranium enriched to 20 percent or more of the ura-
nium-235 isotope.
(5) The term ‘‘low-enriched uranium’’ means
uranium enriched to less than 20 percent of the ura-
nium-235 isotope, including that which is derived
from highly enriched uranium.
(6) The term ‘‘low-level radioactive waste’’ has
the meaning given such term in section 2(9) of the
Low-Level Radioactive Waste Policy Act (42 U.S.C.
2021b(9)).
(7) The term ‘‘private corporation’’ means the
corporation established under section 5005.
(8) The term ‘‘privatization’’ means the transfer
of ownership of the Corporation to private investors.
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Treasury, shall transfer ownership of the assets and obliga-
tions of the Corporation to the private corporation estab-
lished under section 5005 (which may be consummated
through a merger or consolidation effected in accordance
with, and having the effects provided under, the laws of the
state of incorporation of the private corporation, as if the
Corporation were incorporated thereunder).
(b) BOARD DETERMINATION.—The Board, with the
approval of the Secretary of the Treasury, shall select the
method of transfer and establish terms and conditions for
the transfer that will provide the maximum proceeds to the
Treasury of the United States and will provide for the long-
term viability of the private corporation, the continued op-
eration of the gaseous diffusion plants, and the public inter-
est in maintaining a reliable and economical domestic ura-
nium mining and enrichment industries.
(c) APPLICATION OF SECURITIES LAWS.—Any offering
or sale of securities by the private corporation shall be sub-
ject to the Securities Act of 1933 (15 U.S.C. 77a et seq.),
the Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.),
and the provisions of the Constitution and laws of any
State, territory, or possession of the United States relating
to transactions in securities.
(d) PROCEEDS.—Proceeds from the sale of the United
States’ interest in the Corporation shall be—
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(1) deposited in the general fund of the Treasury;
(2) included in the budget baseline required by
the Balanced Budget and Emergency Deficit Control
Act of 1985; and
(3) counted as an offset to direct spending for
purposes of section 252 of such Act, notwithstanding
section 257(e) of such Act.
(e) EXPENSES.—Expenses of privatization shall be
paid from Corporation revenue accounts in the United
States Treasury.
SEC. 5005. ESTABLISHMENT OF PRIVATE CORPORATION.
(a) INCORPORATION.—(1) The directors of the Cor-
poration shall establish a private for-profit corporation
under the laws of a State for the purpose of receiving the
assets and obligations of the Corporation at privatization
and continuing the business operations of the Corporation
following privatization.
(2) The directors of the Corporation may serve as
incorporators of the private corporation and shall take all
steps necessary to establish the private corporation, includ-
ing the filing of articles of incorporation consistent with
the provisions of this subtitle.
(3) Employees and officers of the Corporation (includ-
ing members of the Board of Directors) acting in accordance
with this section on behalf of the private corporation shall
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be deemed to be acting in their official capacities as employ-
ees or officers of the Corporation for purposes of 18 U.S.C.
205.
(b) STATUS OF THE PRIVATE CORPORATION.—(1) The
private corporation shall not be an agency, instrumentality,
or establishment of the United States, a Government cor-
poration, or a Government-controlled corporation.
(2) Except as otherwise provided by this Subtitle, fi-
nancial obligations of the private corporation shall not be
obligations of, or guaranteed as to principal or interest by,
the Corporation or the United States, and the obligations
shall so plainly state.
(3) No action under section 1491 of title 28, United
States Code, shall be allowable against the United States
based on actions of the private corporation.
(c) APPLICATION OF POST-GOVERNMENT EMPLOYMENT
RESTRICTIONS.—Beginning on the privatization date, the
restrictions of 18 U.S.C. 207(a), (b), (c), and (d) shall not
apply to the acts of an individual done in carrying out
official duties as a director, officer, or employee of the pri-
vate corporation, if the individual was an officer or em-
ployee of the Corporation (including a director) continu-
ously during the 45 days prior to the privatization date.
(d) DISSOLUTION.—In the event that the privatization
does not occur, the Corporation will provide for the dissolu-
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tion of the private corporation within 1 year of the private
corporation’s incorporation unless the Secretary of the
Treasury or his delegate, upon the Corporation’s request,
agrees to delay any such dissolution for an additional year.
SEC. 5006. TRANSFERS TO THE PRIVATE CORPORATION.
Concurrent with privatization, the Corporation shall
transfer to the private corporation—
(1) the lease of the gaseous diffusion plants in
accordance with section 5007,
(2) all personal property and inventories of the
Corporation,
(3) all contracts, agreements, and leases under
section 5008(a),
(4) the Corporation’s right to purchase power
from the Secretary under section 5008(b),
(5) such funds in accounts of the Corporation
held by the Treasury or on deposit with any bank or
other financial institution as approved by the Sec-
retary of the Treasury, and
(6) all of the Corporation’s records, including all
of the papers and other documentary materials, re-
gardless of physical form or characteristics, made or
received by the Corporation.
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SEC. 5007. LEASING OF GASEOUS DIFFUSION FACILITIES.
(a) TRANSFER OF LEASE.—Concurrent with privat-
ization, the Corporation shall transfer to the private cor-
poration the lease of the gaseous diffusion plants and relat-
ed property for the remainder of the term of such lease in
accordance with the terms of such lease.
(b) RENEWAL.—The private corporation shall have the
exclusive option to lease the gaseous diffusion plants and
related property for additional periods following the expira-
tion of the initial term of the lease.
(c) EXCLUSION OF FACILITIES FOR PRODUCTION OF
HIGHLY ENRICHED URANIUM.—The Secretary shall not
lease to the private corporation any facilities necessary for
the production of highly enriched uranium but may, subject
to the requirements of the Atomic Energy Act of 1954 (42
U.S.C. 2011 et seq.), grant the Corporation access to such
facilities for purposes other than the production of highly
enriched uranium.
(d) DOE RESPONSIBILITY FOR PREEXISTING CONDI-
TIONS.—The payment of any costs of decontamination and
decommissioning, response actions, or corrective actions
with respect to conditions existing before July 1, 1993, at
the gaseous diffusion plants shall remain the sole respon-
sibility of the Secretary.
(e) ENVIRONMENTAL AUDIT.—For purposes of sub-
section (d), the conditions existing before July 1, 1993, at
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the gaseous diffusion plants shall be determined from the
environmental audit conducted pursuant to section 1403(e)
of the Atomic Energy Act of 1954 (42 U.S.C. 2297c–2(e)).
(f) TREATMENT
UNDER
PRICE-ANDERSON
PROVI-
SIONS.—Any lease executed between the Secretary and the
Corporation or the private corporation, and any extension
or renewal thereof, under this section shall be deemed to
be a contract for purposes of section 170d. of the Atomic
Energy Act of 1954 (42 U.S.C. 2210(d)).
(g) WAIVER OF EIS REQUIREMENT.—The execution or
transfer of the lease between the Secretary and the Corpora-
tion or the private corporation, and any extension or re-
newal thereof, shall not be considered a major Federal ac-
tion significantly affecting the quality of the human envi-
ronment for purposes of section 102 of the National Envi-
ronmental Policy Act of 1969 (42 U.S.C. 4332).
SEC. 5008. TRANSFER OF CONTRACTS.
(a) TRANSFER OF CONTRACTS.—Concurrent with pri-
vatization, the Corporation shall transfer to the private cor-
poration all contracts, agreements, and leases, including all
uranium enrichment contracts, that were—
(1) transferred by the Secretary to the Corpora-
tion pursuant to section 1401(b) of the Atomic En-
ergy Act of 1954 (42 U.S.C. 2297c(b)), or
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(ii) Persons who are employed by the Corpora-
tion’s operating contractor on or before the privatiza-
tion date and are vested participants in a pension
plan maintained either by the Corporation’s operat-
ing contractor or by a contractor employed prior to
July 1, 1993, by the Department of Energy to operate
a gaseous diffusion plant.
(C) The Secretary shall fund the entire cost of post-
retirement health benefits for persons who retired from em-
ployment with an operating contractor prior to July 1,
1993.
(D) The Secretary and the Corporation shall fund the
cost of post-retirement health benefits for persons who retire
from employment with an operating contractor after July
1, 1993, in proportion to the retired person’s years and
months of service at a gaseous diffusion plant under their
respective management.
(7)(A) Any suit under this subsection alleging a viola-
tion of an agreement between an employer and a labor orga-
nization shall be brought in accordance with section 301
of the Labor Management Relations Act (29 U.S.C. 185).
(B) Any charge under this subsection alleging an un-
fair labor practice violative of section 8 of the National
Labor Relations Act (29 U.S.C. 158) shall be pursued in