Calendar No. 365

105TH CONGRESS

2D SESSION S. 2058

A BILL

To authorize appropriations for fiscal year 1999 for

and for other purposes.defense activities of the Department of Energy,

MAY 11, 1998

Reported from the Committee on Armed Services, read

twice, and placed on the calendar
II

Calendar No. 365

105TH CONGRESS

2D SESSION S. 2058

To authorize appropriations for fiscal year 1999 for defense activities of

the Department of Energy, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 11, 1998

Mr. THURMOND, from the Committee on Armed Services, reported the

following original bill; which was read twice and placed on the calendar

A BILL

To authorize appropriations for fiscal year 1999 for defense

activities of the Department of Energy, and for other

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Department of Energy

5 National Security Act for Fiscal Year 1999’’.

6 SEC. 2. TABLE OF CONTENTS.

7 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.
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Sec. 3. Congressional defense committees defined.

TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL

SECURITY PROGRAMS

Subtitle A—National Security Programs Authorizations

Sec. 3101. Weapons activities.

Sec. 3102. Environmental restoration and waste management.

Sec. 3103. Other defense activities.

Sec. 3104. Defense nuclear waste disposal.

Sec. 3105. Defense environmental management privatization.

Subtitle B—Recurring General Provisions

Sec. 3121. Reprogramming.

Sec. 3122. Limits on general plant projects.

Sec. 3123. Limits on construction projects.

Sec. 3124. Fund transfer authority.

Sec. 3125. Authority for conceptual and construction design.

Sec. 3126. Authority for emergency planning, design, and construction activities.

Sec. 3127. Funds available for all national security programs of the Department of Energy.

Sec. 3128. Availability of funds.

Sec. 3129. Transfers of defense environmental management funds.

Subtitle C—Program Authorizations, Restrictions, and

Limitations

Sec. 3131. International cooperative stockpile stewardship.

Sec. 3132. Prohibition on use of funds for ballistic missile defense and theater

missile defense.

Sec. 3133. Licensing of certain mixed oxide fuel fabrication and irradiation facilities.

Sec. 3134. Continuation of processing, treatment, and disposition of legacy nuclear materials.

Sec. 3135. Authority for Department of Energy federally funded research and

development centers to participate in merit-based technology

research and development programs.

Sec. 3136. Support for public education in the vicinity of Los Alamos National

Laboratory, New Mexico.

Subtitle D—Other Matters

Sec. 3141. Repeal of fiscal year 1998 statement of policy on stockpile stewardship program.

Sec. 3142. Increase in maximum rate of pay for scientific, engineering, and

technical personnel responsible for safety at defense nuclear facilities.

Sec. 3143. Sense of Senate regarding treatment of Formerly Utilized Sites Remedial Action Program under a nondefense discretionary budget function.

TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY

BOARD

Sec. 3201. Authorization.
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TITLE XXXIII—NATIONAL DEFENSE STOCKPILE

Sec. 3301. Definitions.

Sec. 3302. Authorized uses of stockpile funds.

Sec. 3303. Authority to dispose of certain materials in National Defense Stockpile.

TITLE XXXIV—NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

TITLE XXXV—PANAMA CANAL COMMISSION

Sec. 3501. Short title; references to Panama Canal Act of 1979.

Sec. 3502. Authorization of expenditures.

Sec. 3503. Purchase of vehicles.

Sec. 3504. Expenditures only in accordance with treaties.

Sec. 3505. Donations to the Commission.

Sec. 3506. Agreements for United States to provide post-transfer administrative services for certain employee benefits.

Sec. 3507. Sunset of United States overseas benefits just before transfer.

Sec. 3508. Central Examining Office.

Sec. 3509. Liability for vessel accidents.

Sec. 3510. Placement of United States citizens in positions with the United

States Government.

Sec. 3511. Panama Canal Board of Contract Appeals.

Sec. 3512. Technical amendments.

1 SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

2 For purposes of this Act, the term ‘‘congressional de3 fense committees’’ means—

4 (1) the Committee on Armed Services and the

5 Committee on Appropriations of the Senate; and

6 (2) the Committee on National Security and the

7 Committee on Appropriations of the House of Rep8 resentatives.
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1 TITLE XXXI—DEPARTMENT OF

2 ENERGY NATIONAL SECURITY

3 PROGRAMS

4 Subtitle A—National Security

5 Programs Authorizations

6 SEC. 3101. WEAPONS ACTIVITIES.

7 (a) IN GENERAL.—Funds are hereby authorized to

8 be appropriated to the Department of Energy for fiscal

9 year 1999 for weapons activities in carrying out programs

10 necessary for national security in the amount of

11 $4,519,700,000, to be allocated as follows:

12 (1) STOCKPILE STEWARDSHIP.—Funds are

13 hereby authorized to be appropriated to the Depart14 ment of Energy for fiscal year 1999 for stockpile

15 stewardship in carrying out weapons activities nec16 essary for national security programs in the amount

17 of $2,123,375,000, to be allocated as follows:

18 (A) For core stockpile stewardship,

19 $1,556,375,000, to be allocated as follows:

20 (i) For operation and maintenance,

21 $1,440,832,000.

22 (ii) For plant projects (including

23 maintenance, restoration, planning, con24 struction, acquisition, modification of fa25 cilities, and the continuation of projects
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1 authorized in prior years, and land acquisi2 tion related thereto), $115,543,000, to be

3 allocated as follows:

4 Project 99–D–102, rehabilitation

5 of maintenance facility, Lawrence

6 Livermore National Laboratory,

7 Livermore, California, $6,500,000.

8 Project 99–D–103, isotope

9 sciences facilities, Lawrence Liver10 more National Laboratory, Livermore,

11 California, $4,000,000.

12 Project 99–D–104, protection of

13 real property (roof replacement-Phase

14 II), Lawrence Livermore National

15 Laboratory, Livermore, California,

16 $7,300,000.

17 Project 99–D–105, central health

18 physics calibration facility, TA–36,

19 Los Alamos National Laboratory, Los

20 Alamos, New Mexico, $3,900,000.

21 Project 99–D–106, model valida22 tion and system certification test cen23 ter, Sandia National Laboratories, Al24 buquerque, New Mexico, $1,600,000.
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1 Project 99–D–107, Joint Com2 putational Engineering Laboratory,

3 Sandia National Laboratories, Albu4 querque, New Mexico, $1,800,000.

5 Project 99–D–108, renovate ex6 isting roadways, Nevada Test Site,

7 Nevada, $2,000,000.

8 Project 97–D–102, dual-axis ra9 diographic hydrotest facility

10 (DARHT), Los Alamos National Lab11 oratory, Los Alamos, New Mexico,

12 $36,000,000.

13 Project 96–D–102, stockpile

14 stewardship facilities revitalization,

15 Phase VI, various locations,

16 $20,423,000.

17 Project 96–D–103, ATLAS, Los

18 Alamos National Laboratory, Los Ala19 mos, New Mexico, $6,400,000.

20 Project 96–D–104, processing

21 and environmental technology labora22 tory (PETL), Sandia National Lab23 oratories, Albuquerque, New Mexico,

24 $18,920,000.
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1 Project 96–D–105, contained fir2 ing facility (CFF) addition, Lawrence

3 Livermore National Laboratory,

4 Livermore, California, $6,700,000.

5 (B) For inertial fusion, $498,000,000, to

6 be allocated as follows:

7 (i) For operation and maintenance,

8 $213,800,000.

9 (ii) For the following plant project

10 (including maintenance, restoration, plan11 ning, construction, acquisition, and modi12 fication of facilities, and land acquisition

13 related thereto), $284,200,000, to be allo14 cated as follows:

15 Project 96–D–111, national igni16 tion facility (NIF), Lawrence Liver17 more National Laboratory, Livermore,

18 California, $284,200,000.

19 (C) For technology partnerships and edu20 cation, $69,000,000, to be allocated as follows:

21 (i) For technology partnerships,

22 $60,000,000.

23 (ii) For education, $9,000,000.

24 (2) STOCKPILE MANAGEMENT.—Funds are

25 hereby authorized to be appropriated to the Depart-
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1 ment of Energy for fiscal year 1999 for stockpile

2 management in carrying out weapons activities nec3 essary for national security programs in the amount

4 of $2,140,825,000, to be allocated as follows:

5 (A) For operation and maintenance,

6 $2,040,803,000.

7 (B) For plant projects (including mainte8 nance, restoration, planning, construction, ac9 quisition, modification of facilities, and the con10 tinuation of projects authorized in prior years,

11 and land acquisition related thereto),

12 $100,022,000, to be allocated as follows:

13 Project 99–D–122, rapid reactivation,

14 various locations, $11,200,000.

15 Project 99–D–123, replace mechanical

16 utility systems, Y–12 Plant, Oak Ridge,

17 Tennessee, $1,900,000.

18 Project 99–D–125, replace boilers and

19 controls, Kansas City Plant, Kansas City,

20 Missouri, $1,000,000.

21 Project 99–D–127, stockpile manage22 ment restructuring initiative, Kansas City

23 Plant, Kansas City, Missouri,

24 $13,700,000.
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1 Project 99–D–128, stockpile manage2 ment restructuring initiative, Pantex

3 Plant, Amarillo, Texas, $1,108,000.

4 Project 99–D–132, nuclear materials

5 safeguards and security upgrades project,

6 Los Alamos National Laboratory, Los Ala7 mos, New Mexico, $9,700,000.

8 Project 98–D–123, stockpile manage9 ment restructuring initiative, tritium fac10 tory modernization and consolidation, Sa11 vannah River Site, Aiken, South Carolina,

12 $27,500,000.

13 Project 98–D–124, stockpile manage14 ment restructuring initiative, Y–12 Plant

15 consolidation, Oak Ridge, Tennessee,

16 $10,700,000.

17 Project 97–D–122, nuclear materials

18 storage facility renovation, Los Alamos

19 National Laboratory, Los Alamos, New

20 Mexico, $4,864,000.

21 Project 97–D–123, structural up22 grades, Kansas City Plant, Kansas City,

23 Missouri, $6,400,000.
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1 Project 96–D–122, sewage treatment

2 quality upgrade (STQU), Pantex Plant,

3 Amarillo, Texas, $3,700,000.

4 Project 95–D–102, chemistry and

5 metallurgy research building (CMR) up6 grades project, Los Alamos National Lab7 oratory, Los Alamos, New Mexico,

8 $5,000,000.

9 Project 93–D–122, life safety up10 grades, Y–12 Plant, Oak Ridge, Ten11 nessee, $3,250,000.

12 (3) PROGRAM DIRECTION.—Funds are hereby

13 authorized to be appropriated to the Department of

14 Energy for fiscal year 1999 for program direction in

15 carrying out weapons activities necessary for na16 tional security programs in the amount of

17 $255,500,000.

18 (b) ADJUSTMENT.—The total amount authorized to

19 be appropriated in paragraphs (1), (2), and (3) of sub20 section (a) is the sum of the amounts authorized to be

21 appropriated by such paragraphs reduced by the sum of

22 $145,000,000 for use of prior year balances.
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1 SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE

2 MANAGEMENT.

3 (a) IN GENERAL.—Funds are hereby authorized to

4 be appropriated to the Department of Energy for fiscal

5 year 1999 for environmental restoration and waste man6 agement in carrying out programs necessary for national

7 security in the amount of $5,323,143,000, to be allocated

8 as follows:

9 (1) SITE AND PROJECT COMPLETION.—Funds

10 are hereby authorized to be appropriated to the De11 partment of Energy for fiscal year 1999 for site

12 project and completion in carrying out environ13 mental restoration and waste management activities

14 necessary for national security programs in the

15 amount of $1,047,253,000, to be allocated as fol16 lows:

17 (A) For operation and maintenance,

18 $848,090,000.

19 (B) For plant projects (including mainte20 nance, restoration, planning, construction, ac21 quisition, modification of facilities, and the con22 tinuation of projects authorized in prior years,

23 and land acquisition related thereto),

24 $199,163,000, to be allocated as follows:
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1 Project 99–D–402, tank farm support

2 services, F&H area, Savannah River Site,

3 Aiken, South Carolina, $2,745,000.

4 Project 99–D–404, health physics in5 strumentation laboratory, Idaho National

6 Engineering and Environmental Labora7 tory, Idaho Falls, Idaho, $950,000.

8 Project 98–D–401, H-tank farm

9 storm water systems upgrade, Savannah

10 River Site, Aiken, South Carolina,

11 $3,120,000.

12 Project 98–D–453, plutonium sta13 bilization and handling system for pluto14 nium finishing plant, Richland, Washing15 ton, $26,814,000.

16 Project 98–D–700, road rehabilita17 tion, Idaho National Engineering and En18 vironmental Laboratory, Idaho Falls,

19 Idaho, $7,710,000.

20 Project 97–D–450, actinide packaging

21 and storage facility, Savannah River Site,

22 Aiken, South Carolina, $79,184,000.

23 Project 97–D–470, regulatory mon24 itoring and bioassay laboratory, Savannah
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1 River Site, Aiken, South Carolina,

2 $7,000,000.

3 Project 96–D–406, spent nuclear fuels

4 canister storage and stabilization facility,

5 Richland, Washington, $38,680,000.

6 Project 96–D–408, waste manage7 ment upgrades, Kansas City Plant, Kansas

8 City, Missouri, and Savannah River Site,

9 Aiken, South Carolina, $4,512,000.

10 Project 96–D–464, electrical and util11 ity systems upgrade, Idaho Chemical Proc12 essing Plant, Idaho National Engineering

13 and Environmental Laboratory, Idaho

14 Falls, Idaho, $11,544,000.

15 Project 96–D–471, chlorofluorocarbon

16 heating, ventilation, and air conditioning

17 and chiller retrofit, Savannah River Site,

18 Aiken, South Carolina, $8,000,000.

19 Project 95–D–456, security facilities

20 consolidation, Idaho Chemical Processing

21 Plant, Idaho National Engineering and

22 Environmental Laboratory, Idaho Falls,

23 Idaho, $485,000.
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1 Project 92–D–140, F-canyon and H2 canyon exhaust upgrades, Savannah River

3 Site, Aiken, South Carolina, $3,667,000.

4 Project 86–D–103, decontamination

5 and waste treatment facility, Lawrence

6 Livermore National Laboratory, Liver7 more, California, $4,752,000.

8 (2) POST 2006 COMPLETION.—Funds are hereby

9 authorized to be appropriated to the Department of

10 Energy for fiscal year 1999 for post 2006 project

11 completion in carrying out environmental restoration

12 and waste management activities necessary for na13 tional security programs in the amount of

14 $2,683,451,000, to be allocated as follows:

15 (A) For operation and maintenance,

16 $2,602,195,000.

17 (B) For plant projects (including mainte18 nance, restoration, planning, construction, ac19 quisition, modification of facilities, and the con20 tinuation of projects authorized in prior years,

21 and land acquisition related thereto),

22 $81,256,000, to be allocated as follows:

23 Project 99–D–403, privatization

24 phase I infrastructure support, Richland,

25 Washington, $14,800,000.
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1 Project 97–D–402, tank farm restora2 tion and safe operations, Richland, Wash3 ington, $22,723,000.

4 Project 96–D–408, waste manage5 ment upgrades, Richland, Washington,

6 $171,000.

7 Project 94–D–407, initial tank re8 trieval systems, Richland, Washington,

9 $32,860,000.

10 Project 93–D–187, high-level waste

11 removal from filled waste tanks, Savannah

12 River Site, Aiken, South Carolina,

13 $10,702,000.

14 (3) CLOSURE PROJECTS.—Funds are hereby

15 authorized to be appropriated to the Department of

16 Energy for fiscal year 1999 for closure projects car17 ried out in accordance with section 3143 of the Na18 tional Defense Authorization Act for Fiscal Year

19 1997 (Public Law 104–201; 110 Stat. 2836; 42

20 U.S.C. 7274n) in the amount of $1,006,240,000.

21 (4) TECHNOLOGY DEVELOPMENT.—Funds are

22 hereby authorized to be appropriated to the Depart23 ment of Energy for fiscal year 1999 for science and

24 technology in carrying out environmental restoration

25 and waste management activities necessary for na-
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1 tional security programs in the amount of

2 $250,000,000.

3 (5) PROGRAM DIRECTION.—Funds are hereby

4 authorized to be appropriated to the Department of

5 Energy for fiscal year 1999 for program direction in

6 carrying out environmental restoration and waste

7 management activities necessary for national secu8 rity programs in the amount of $336,199,000.

9 (b) ADJUSTMENT.—The total amount authorized to

10 be appropriated in paragraphs (1), (2), (3), and (5) of

11 subsection (a) is the sum of the amounts authorized to

12 be appropriated by such paragraphs reduced by the sum

13 of $21,000,000 for use of prior year balances.

14 SEC. 3103. OTHER DEFENSE ACTIVITIES.

15 Funds are hereby authorized to be appropriated to

16 the Department of Energy for fiscal year 1999 for other

17 defense activities in carrying out programs necessary for

18 national security in the amount of $1,672,160,000, to be

19 allocated as follows:

20 (1) VERIFICATION AND CONTROL TECH21 NOLOGY.—For verification and control technology,

22 $483,500,000, to be allocated as follows:

23 (A) For nonproliferation and verification

24 research and development, $210,000,000.

25 (B) For arms control, $236,900,000.
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1 (C) For intelligence, $36,600,000.

2 (2) NUCLEAR SAFEGUARDS AND SECURITY.—

3 For nuclear safeguards and security, $53,200,000.

4 (3) SECURITY INVESTIGATIONS.—For security

5 investigations, $30,000,000.

6 (4) EMERGENCY MANAGEMENT.—For emer7 gency management, $23,700,000.

8 (5) PROGRAM DIRECTION.—For program direc9 tion, nonproliferation and national security,

10 $84,900,000.

11 (6) WORKER AND COMMUNITY TRANSITION AS12 SISTANCE.—For worker and community transition

13 assistance, $40,000,000, to be allocated as follows:

14 (A) For worker and community transition,

15 $36,000,000.

16 (B) For program direction, worker and

17 community transition assistance, $4,000,000.

18 (7) FISSILE MATERIALS CONTROL AND DISPOSI19 TION.—For fissile materials control and disposition,

20 $168,960,000, to be allocated as follows:

21 (A) For operation and maintenance,

22 $111,372,000.

23 (B) For program direction, fissile mate24 rials control and disposition, $4,588,000.
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1 (C) For plant projects (including mainte2 nance, restoration, planning, construction, ac3 quisition, modification of facilities, and land ac4 quisition related thereto), $53,000,000, to be

5 allocated as follows:

6 Project 99–D–141, pit disassembly

7 and conversion facility, location to be de8 termined, $25,000,000.

9 Project 99–D–143, mixed oxide fuel

10 fabrication facility, location to be deter11 mined, $28,000,000.

12 (8) ENVIRONMENT, SAFETY, AND HEALTH.—

13 For environment, safety, and health, defense,

14 $69,000,000, to be allocated as follows:

15 (A) For the Office of Environment, Safety,

16 and Health (Defense), $64,231,000.

17 (B) For program direction, environment,

18 safety, and health (defense), $4,769,000.

19 (9) OFFICE OF HEARINGS AND APPEALS.—For

20 the Office of Hearings and Appeals, $2,400,000.

21 (10) INTERNATIONAL NUCLEAR SAFETY.—For

22 international nuclear safety, $35,000,000.

23 (11) NAVAL REACTORS.—For naval reactors,

24 $681,500,000, to be allocated as follows:
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1 (A) For naval reactors development,

2 $661,400,000, to be allocated as follows:

3 (i) For operation and maintenance,

4 $639,600,000.

5 (ii) For plant projects (including

6 maintenance, restoration, planning, con7 struction, acquisition, modification of fa8 cilities, and the continuation of projects

9 authorized in prior years, and land acquisi10 tion related thereto), $12,800,000, to be

11 allocated as follows:

12 Project 98–D–200, site labora13 tory/facility upgrade, various loca14 tions, $7,000,000.

15 Project 90–N–102, expended core

16 facility dry cell project, Naval Reac17 tors facility, Idaho Falls, Idaho,

18 $5,800,000.

19 (iii) For general plant projects,

20 $9,000,000, to be allocated as follows:

21 Project GPN–101, general plant

22 projects, various locations,

23 $9,000,000.

24 (B) For program direction, naval reactors,

25 $20,100,000.
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1 SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

2 Funds are hereby authorized to be appropriated to

3 the Department of Energy for fiscal year 1999 for pay4 ment to the Nuclear Waste Fund established in section

5 302(c) of the Nuclear Waste Policy Act of 1982 (42

6 U.S.C. 10222(c)) in the amount of $190,000,000.

7 SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRI8 VATIZATION.

9 (a) IN GENERAL.—Funds are hereby authorized to

10 be appropriated to the Department of Energy for fiscal

11 year 1999 for privatization initiatives in carrying out envi12 ronmental restoration and waste management activities

13 necessary for national security programs in the amount

14 of $273,857,000, to be allocated as follows:

15 Project 99–PVT–1, remote handled transuranic

16 waste transportation, Carlsbad, New Mexico,

17 $19,605,000.

18 Project 98–PVT–2, spent nuclear fuel dry stor19 age, Idaho Falls, Idaho, $20,000,000.

20 Project 98–PVT–5, waste disposal, Oak Ridge,

21 Tennessee, $33,500,000.

22 Project 97–PVT–1, tank waste remediation sys23 tem phase I, Hanford, Washington, $113,500,000.

24 Project 97–PVT–2, advanced mixed waste

25 treatment facility, Idaho Falls, Idaho, $87,252,000.
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1 (b) ADJUSTMENT.—The amount authorized to be ap2 propriated in subsection (a) is the sum of the amounts

3 authorized to be appropriated for the projects set forth

4 in that subsection reduced by the sum of $32,000,000 for

5 use of prior year balances of funds for defense environ6 mental management privatization.

7 Subtitle B—Recurring General

8 Provisions

9 SEC. 3121. REPROGRAMMING.

10 (a) IN GENERAL.—Until the Secretary of Energy

11 submits to the congressional defense committees the re12 port referred to in subsection (b) and a period of 30 days

13 has elapsed after the date on which such committees re14 ceive the report, the Secretary may not use amounts ap15 propriated pursuant to this title for any program—

16 (1) in amounts that exceed, in a fiscal year—

17 (A) 110 percent of the amount authorized

18 for that program by this title; or

19 (B) $1,000,000 more than the amount au20 thorized for that program by this title; or

21 (2) which has not been presented to, or re22 quested of, Congress.

23 (b) REPORT.—(1) The report referred to in sub24 section (a) is a report containing a full and complete state25 ment of the action proposed to be taken and the facts and
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1 circumstances relied upon in support of such proposed ac2 tion.

3 (2) In the computation of the 30-day period under

4 subsection (a), there shall be excluded any day on which

5 either House of Congress is not in session because of an

6 adjournment of more than 3 days to a day certain.

7 (c) LIMITATIONS.—(1) In no event may the total

8 amount of funds obligated pursuant to this title exceed

9 the total amount authorized to be appropriated by this

10 title.

11 (2) Funds appropriated pursuant to this title may not

12 be used for an item for which Congress has specifically

13 denied funds.

14 SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

15 (a) IN GENERAL.—The Secretary of Energy may

16 carry out any construction project under the general plant

17 projects authorized by this title if the total estimated cost

18 of the construction project does not exceed $5,000,000.

19 (b) REPORT TO CONGRESS.—If, at any time during

20 the construction of any general plant project authorized

21 by this title, the estimated cost of the project is revised

22 because of unforeseen cost variations and the revised cost

23 of the project exceeds $5,000,000, the Secretary shall im24 mediately furnish a complete report to the congressional
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1 defense committees explaining the reasons for the cost

2 variation.

3 SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

4 (a) IN GENERAL.—(1) Except as provided in para5 graph (2), construction on a construction project may not

6 be started or additional obligations incurred in connection

7 with the project above the total estimated cost, whenever

8 the current estimated cost of the construction project,

9 which is authorized by section 3101, 3102, or 3103, or

10 which is in support of national security programs of the

11 Department of Energy and was authorized by any pre12 vious Act, exceeds by more than 25 percent the higher

13 of—

14 (A) the amount authorized for the project; or

15 (B) the amount of the total estimated cost for

16 the project as shown in the most recent budget jus17 tification data submitted to Congress.

18 (2) An action described in paragraph (1) may be

19 taken if—

20 (A) the Secretary of Energy has submitted to

21 the congressional defense committees a report on the

22 actions and the circumstances making such action

23 necessary; and
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1 (B) a period of 30 days has elapsed after the

2 date on which the report is received by the commit3 tees.

4 (3) In the computation of the 30-day period under

5 paragraph (2), there shall be excluded any day on which

6 either House of Congress is not in session because of an

7 adjournment of more than 3 days to a day certain.

8 (b) EXCEPTION.—Subsection (a) shall not apply to

9 any construction project which has a current estimated

10 cost of less than $5,000,000.

11 SEC. 3124. FUND TRANSFER AUTHORITY.

12 (a) TRANSFER TO OTHER FEDERAL AGENCIES.—

13 The Secretary of Energy may transfer funds authorized

14 to be appropriated to the Department of Energy pursuant

15 to this title to other Federal agencies for the performance

16 of work for which the funds were authorized. Funds so

17 transferred may be merged with and be available for the

18 same purposes and for the same period as the authoriza19 tions of the Federal agency to which the amounts are

20 transferred.

21 (b) TRANSFER WITHIN DEPARTMENT OF ENERGY.—

22 (1) Subject to paragraph (2), the Secretary of Energy may

23 transfer funds authorized to be appropriated to the De24 partment of Energy pursuant to this title between any

25 such authorizations. Amounts of authorizations so trans-
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1 ferred may be merged with and be available for the same

2 purposes and for the same period as the authorization to

3 which the amounts are transferred.

4 (2) Not more than five percent of any such authoriza5 tion may be transferred between authorizations under

6 paragraph (1). No such authorization may be increased

7 or decreased by more than five percent by a transfer under

8 such paragraph.

9 (c) LIMITATION.—The authority provided by this sec10 tion to transfer authorizations—

11 (1) may only be used to provide funds for items

12 relating to activities necessary for national security

13 programs that have a higher priority than the items

14 from which the funds are transferred; and

15 (2) may not be used to provide funds for an

16 item for which Congress has specifically denied

17 funds.

18 (d) NOTICE TO CONGRESS.—The Secretary of En19 ergy shall promptly notify the Committee on Armed Serv20 ices of the Senate and the Committee on National Security

21 of the House of Representatives of any transfer of funds

22 to or from authorizations under this title.
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1 SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUC2 TION DESIGN.

3 (a) REQUIREMENT FOR CONCEPTUAL DESIGN.—(1)

4 Subject to paragraph (2) and except as provided in para5 graph (3), before submitting to Congress a request for

6 funds for a construction project that is in support of a

7 national security program of the Department of Energy,

8 the Secretary of Energy shall complete a conceptual de9 sign for that project.

10 (2) If the estimated cost of completing a conceptual

11 design for a construction project exceeds $3,000,000, the

12 Secretary shall submit to Congress a request for funds for

13 the conceptual design before submitting a request for

14 funds for the construction project.

15 (3) The requirement in paragraph (1) does not apply

16 to a request for funds—

17 (A) for a construction project the total esti18 mated cost of which is less than $5,000,000; or

19 (B) for emergency planning, design, and con20 struction activities under section 3126.

21 (b) AUTHORITY FOR CONSTRUCTION DESIGN.—(1)

22 Within the amounts authorized by this title, the Secretary

23 of Energy may carry out construction design (including

24 architectural and engineering services) in connection with

25 any proposed construction project if the total estimated

26 cost for such design does not exceed $600,000.
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1 (2) If the total estimated cost for construction design

2 in connection with any construction project exceeds

3 $600,000, funds for such design must be specifically au4 thorized by law.

5 SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DE6 SIGN, AND CONSTRUCTION ACTIVITIES.

7 (a) AUTHORITY.—The Secretary of Energy may use

8 any funds available to the Department of Energy pursuant

9 to an authorization in this title, including those funds au10 thorized to be appropriated for advance planning and con11 struction design under sections 3101, 3102, and 3103, to

12 perform planning, design, and construction activities for

13 any Department of Energy national security program con14 struction project that, as determined by the Secretary,

15 must proceed expeditiously in order to protect public

16 health and safety, to meet the needs of national defense,

17 or to protect property.

18 (b) LIMITATION.—The Secretary may not exercise

19 the authority under subsection (a) in the case of any con20 struction project until the Secretary has submitted to the

21 congressional defense committees a report on the activities

22 that the Secretary intends to carry out under this section

23 and the circumstances making such activities necessary.

24 (c) SPECIFIC AUTHORITY.—The requirement of sec25 tion 3125(b)(2) does not apply to emergency planning, de-
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1 sign, and construction activities conducted under this sec2 tion.

3 SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECU4 RITY PROGRAMS OF THE DEPARTMENT OF

5 ENERGY.

6 Subject to the provisions of appropriations Acts and

7 section 3121, amounts appropriated pursuant to this title

8 for management and support activities and for general

9 plant projects are available for use, when necessary, in

10 connection with all national security programs of the De11 partment of Energy.

12 SEC. 3128. AVAILABILITY OF FUNDS.

13 (a) IN GENERAL.—Except as provided in subsection

14 (b), when so specified in an appropriations Act, amounts

15 appropriated for operation and maintenance or for plant

16 projects may remain available until expended.

17 (b) EXCEPTION FOR PROGRAM DIRECTION FUNDS.—

18 Amounts appropriated for program direction pursuant to

19 an authorization of appropriations in subtitle A shall re20 main available to be expended only until the end of fiscal

21 year 2001.

22 SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL

23 MANAGEMENT FUNDS.

24 (a) TRANSFER AUTHORITY FOR DEFENSE ENVIRON25 MENTAL MANAGEMENT FUNDS.—The Secretary of En-
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1 ergy shall provide the manager of each field office of the

2 Department of Energy with the authority to transfer de3 fense environmental management funds from a program

4 or project under the jurisdiction of the office to another

5 such program or project.

6 (b) LIMITATIONS.—(1) Only one transfer may be

7 made to or from any program or project under subsection

8 (a) in a fiscal year.

9 (2) The amount transferred to or from a program

10 or project under subsection (a) may not exceed $5,000,000

11 in a fiscal year.

12 (3) A transfer may not be carried out by a manager

13 of a field office under subsection (a) unless the manager

14 determines that the transfer is necessary to address a risk

15 to health, safety, or the environment or to assure the most

16 efficient use of defense environmental management funds

17 at the field office.

18 (4) Funds transferred pursuant to subsection (a)

19 may not be used for an item for which Congress has spe20 cifically denied funds or for a new program or project that

21 has not been authorized by Congress.

22 (c) EXEMPTION FROM REPROGRAMMING REQUIRE23 MENTS.—The requirements of section 3121 shall not

24 apply to transfers of funds pursuant to subsection (a).
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1 (d) NOTIFICATION.—The Secretary, acting through

2 the Assistant Secretary of Energy for Environmental

3 Management, shall notify Congress of any transfer of

4 funds pursuant to subsection (a) not later than 30 days

5 after such transfer occurs.

6 (e) DEFINITIONS.—In this section:

7 (1) The term ‘‘program or project’’ means, with

8 respect to a field office of the Department of En9 ergy, any of the following:

10 (A) An activity carried out pursuant to

11 paragraph (1), (2), or (3) of section 3102(a).

12 (B) A project or program not described in

13 subparagraph (A) that is for environmental res14 toration or waste management activities nec15 essary for national security programs of the De16 partment, that is being carried out by the of17 fice, and for which defense environmental man18 agement funds have been authorized and appro19 priated before the date of enactment of this

20 Act.

21 (2) The term ‘‘defense environmental manage22 ment funds’’ means funds appropriated to the De23 partment of Energy pursuant to an authorization for

24 carrying out environmental restoration and waste
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1 management activities necessary for national secu2 rity programs.

3 (f) DURATION OF AUTHORITY.—The managers of the

4 field offices of the Department may exercise the authority

5 provided under subsection (a) during the period beginning

6 on October 1, 1998, and ending on September 30, 1999.

7 Subtitle C—Program Authoriza8 tions, Restrictions, and Limita9 tions

10 SEC. 3131. INTERNATIONAL COOPERATIVE STOCKPILE

11 STEWARDSHIP.

12 (a) FUNDING PROHIBITION.—No funds authorized to

13 be appropriated or otherwise available to the Department

14 of Energy for fiscal year 1999 may be obligated or ex15 pended to conduct any activities associated with inter16 national cooperative stockpile stewardship.

17 (b) EXCEPTIONS.—Subsection (a) does not apply to

18 the following:

19 (1) Activities conducted between the United

20 States and the United Kingdom.

21 (2) Activities conducted between the United

22 States and France.

23 (3) Activities carried out under title III of this

24 Act relating to cooperative threat reduction with

25 states of the former Soviet Union.
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1 SEC. 3132. PROHIBITION ON USE OF FUNDS FOR BALLISTIC

2 MISSILE DEFENSE AND THEATER MISSILE

3 DEFENSE.

4 No funds authorized to be appropriated or otherwise

5 made available to the Department of Energy by this title

6 for fiscal year 1999 may be obligated or expended for any

7 activities (including research, development, test, and eval8 uation activities, demonstration activities, or studies) re9 lating to ballistic missile defense or theater missile de10 fense.

11 SEC. 3133. LICENSING OF CERTAIN MIXED OXIDE FUEL

12 FABRICATION AND IRRADIATION FACILITIES.

13 (a) LICENSE REQUIREMENT.—Notwithstanding sec14 tion 110 a. of the Atomic Energy Act of 1954 (42 U.S.C.

15 2140(a)), no person may construct or operate a facility

16 referred to in subsection (b) without obtaining a license

17 from the Nuclear Regulatory Commission.

18 (b) COVERED FACILITIES.—(1) Except as provided

19 in paragraph (2), subsection (a) applies to any facility

20 under a contract with and for the account of the Depart21 ment of Energy that fabricates mixed plutonium-uranium

22 oxide nuclear reactor fuel for use in a commercial nuclear

23 reactor.

24 (2) Subsection (a) does not apply to any such facility

25 that is utilized for research, development, demonstration,

26 testing, or analysis purposes.
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1 (c) AVAILABILITY OF FUNDS FOR LICENSING BY

2 NRC.—Section 210 of the Department of Energy Na3 tional Security and Military Applications of Nuclear En4 ergy Authorization Act of 1981 (42 U.S.C. 7272) shall

5 not apply to any licensing activities required as a result

6 of subsection (a).

7 (d) APPLICABILITY OF OCCUPATIONAL SAFETY AND

8 HEALTH REQUIREMENTS TO ACTIVITIES UNDER LI9 CENSE.—Any activities carried out under a license re10 ferred to in subsection (a) shall be subject to regulation

11 under the Occupational Safety and Health Act of 1970

12 (29 U.S.C. 651 et seq.).

13 SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT,

14 AND DISPOSITION OF LEGACY NUCLEAR MA15 TERIALS.

16 The Secretary of Energy shall continue operations

17 and maintain a high state of readiness at the F-canyon

18 and H-canyon facilities at the Savannah River site and

19 shall provide technical staff necessary to operate and so

20 maintain such facilities.
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1 SEC. 3135. AUTHORITY FOR DEPARTMENT OF ENERGY FED2 ERALLY FUNDED RESEARCH AND DEVELOP3 MENT CENTERS TO PARTICIPATE IN MERIT4 BASED TECHNOLOGY RESEARCH AND DEVEL5 OPMENT PROGRAMS.

6 Section 217(f)(1) of the National Defense Authoriza7 tion Act for Fiscal Year 1995 (Public Law 103–337; 108

8 Stat. 2695) is amended by inserting ‘‘or of the Depart9 ment of Energy’’ after ‘‘the Department of Defense’’.

10 SEC. 3136. SUPPORT FOR PUBLIC EDUCATION IN THE VI11 CINITY OF LOS ALAMOS NATIONAL LABORA12 TORY, NEW MEXICO.

13 (a) AVAILABILITY OF FUNDS.—Of the funds author14 ized to be appropriated or otherwise made available to the

15 Department of Energy by this title, $5,000,000 shall be

16 available for payment by the Secretary of Energy to the

17 educational foundation chartered to enhance educational

18 activities in the public schools in the vicinity of Los Ala19 mos National Laboratory, New Mexico (in this section re20 ferred to as the ‘‘Foundation’’).

21 (b) USE OF FUNDS.—(1) The Foundation shall uti22 lize funds provided under subsection (a) as a contribution

23 to an endowment fund for the Foundation.

24 (2) The Foundation shall use the income generated

25 from investments in the endowment fund that are attrib26 utable to the payment made under subsection (a) to fund
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1 programs to support the educational needs of children in

2 public schools in the vicinity of Los Alamos National Lab3 oratory.

4 Subtitle D—Other Matters

5 SEC. 3141. REPEAL OF FISCAL YEAR 1998 STATEMENT OF

6 POLICY ON STOCKPILE STEWARDSHIP PRO7 GRAM.

8 Section 3156 of the National Defense Authorization

9 Act for Fiscal Year 1998 (Public Law 105–85; 111 Stat.

10 2045; 42 U.S.C. 2121 note) is repealed.

11 SEC. 3142. INCREASE IN MAXIMUM RATE OF PAY FOR SCI12 ENTIFIC, ENGINEERING, AND TECHNICAL

13 PERSONNEL RESPONSIBLE FOR SAFETY AT

14 DEFENSE NUCLEAR FACILITIES.

15 Section 3161(a)(2) of the National Defense Author16 ization Act for Fiscal Year 1995 (42 U.S.C. 7231 note)

17 is amended by striking out ‘‘level IV of the Executive

18 Schedule under section 5315’’ and inserting in lieu thereof

19 ‘‘level III of the Executive Schedule under section 5314’’.

20 SEC. 3143. SENSE OF SENATE REGARDING TREATMENT OF

21 FORMERLY UTILIZED SITES REMEDIAL AC22 TION PROGRAM UNDER A NONDEFENSE DIS23 CRETIONARY BUDGET FUNCTION.

24 It is the sense of the Senate that the Office of Man25 agement and Budget should, beginning with fiscal year
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1 2000, transfer the Formerly Utilized Sites Remedial Ac2 tion Program from the 050 budget function to a non3 defense discretionary budget function.

4 TITLE XXXII—DEFENSE NU5 CLEAR FACILITIES SAFETY

6 BOARD

7 SEC. 3201. AUTHORIZATION.

8 There are authorized to be appropriated for fiscal

9 year 1999, $17,500,000 for the operation of the Defense

10 Nuclear Facilities Safety Board under chapter 21 of the

11 Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).

12 TITLE XXXIII—NATIONAL

13 DEFENSE STOCKPILE

14 SEC. 3301. DEFINITIONS.

15 In this title:

16 (1) The term ‘‘National Defense Stockpile’’

17 means the stockpile provided for in section 4 of the

18 Strategic and Critical Materials Stock Piling Act (50

19 U.S.C. 98c).

20 (2) The term ‘‘National Defense Stockpile

21 Transaction Fund’’ means the fund in the Treasury

22 of the United States established under section 9(a)

23 of the Strategic and Critical Materials Stock Piling

24 Act (50 U.S.C. 98h(a)).
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1 SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

2 (a) OBLIGATION OF STOCKPILE FUNDS.—During fis3 cal year 1999, the National Defense Stockpile Manager

4 may obligate up to $83,000,000 of the funds in the Na5 tional Defense Stockpile Transaction Fund for the author6 ized uses of such funds under section 9(b)(2) of the Stra7 tegic and Critical Materials Stock Piling Act (50 U.S.C.

8 98h(b)(2)), including the disposal of hazardous materials

9 that are environmentally sensitive.

10 (b) ADDITIONAL OBLIGATIONS.—The National De11 fense Stockpile Manager may obligate amounts in excess

12 of the amount specified in subsection (a) if the National

13 Defense Stockpile Manager notifies Congress that extraor14 dinary or emergency conditions necessitate the additional

15 obligations. The National Defense Stockpile Manager may

16 make the additional obligations described in the notifica17 tion after the end of the 45-day period beginning on the

18 date Congress receives the notification.

19 (c) LIMITATIONS.—The authorities provided by this

20 section shall be subject to such limitations as may be pro21 vided in appropriations Acts.

22 SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATE23 RIALS IN NATIONAL DEFENSE STOCKPILE.

24 (a) DISPOSAL REQUIRED.—Subject to subsection (c),

25 the President shall dispose of materials contained in the

26 National Defense Stockpile and specified in the table in
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1 subsection (b) so as to result in receipts to the United

2 States in the amount of $100,000,000 by the end of fiscal

3 year 1999.

4 (b) LIMITATION ON DISPOSAL QUANTITY.—The total

5 quantities of materials authorized for disposal by the

6 President under subsection (a) may not exceed the

7 amounts set forth in the following table:

Authorized Stockpile Disposals

Material for disposal Quantity

Columbium Carbide Powder ................................................. 21,372 pounds contained

Columbium Ferro High Carbon ............................................ 249,395 pounds contained

Columbium Concentrates ...................................................... 1,733,454 pounds contained

Chromium Ferroalloy Low Carbons ..................................... 92,000 short tons

Chromium Metal—EL .......................................................... 8,511 short tons

Diamond, Stones ................................................................... 3,000,000 carats

Germanium Metal ................................................................. 28,198 kilograms

Indium ................................................................................... 14,248 troy ounces

Palladium .............................................................................. 1,227,831 troy ounces

Platinum ............................................................................... 439,887 troy ounces

Tantalum Carbide Powder .................................................... 22,687 pounds contained

Tantalum Metal Powder ....................................................... 50,000 pounds contained

Tantalum Minerals ................................................................ 1,751,364 pounds contained

Tantalum Oxide .................................................................... 122,730 pounds contained

Tungsten Ferro ..................................................................... 2,024,143 pounds

Tungsten Carbide Powder .................................................... 2,024,143 pounds

Tungsten Metal Powder ........................................................ 1,898,009 pounds

Tungsten Ores & Concentrates ............................................. 76,358,230 pounds.

8 (c) MINIMIZATION OF DISRUPTION AND LOSS.—The

9 President may not dispose of materials under subsection

10 (a) to the extent that the disposal will result in—

11 (1) undue disruption of the usual markets of

12 producers, processors, and consumers of the mate13 rials proposed for disposal; or

14 (2) avoidable loss to the United States.

15 (d) RELATIONSHIP TO OTHER DISPOSAL AUTHOR16 ITY.—The disposal authority provided in subsection (a) is
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1 new disposal authority and is in addition to, and shall not

2 affect, any other disposal authority provided by law re3 garding the materials specified in such subsection.

4 TITLE XXXIV—NAVAL

5 PETROLEUM RESERVES

6 SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

7 (a) AMOUNT.—There is hereby authorized to be ap8 propriated to the Secretary of Energy $117,000,000 for

9 fiscal year 1999 for the purposes of carrying out—

10 (1) activities under chapter 641 of title 10,

11 United States Code, relating to the naval petroleum

12 reserves (as defined in section 7420(2) of such title);

13 and

14 (2) activities necessary to terminate the admin15 istration of Naval Petroleum Reserve Numbered 1

16 by the Secretary after the sale of that reserve under

17 subtitle B of title XXXIV of the National Defense

18 Authorization Act for Fiscal Year 1996 (Public Law

19 104–106; 10 U.S.C. 7420 note).

20 (b) AVAILABILITY.—Funds appropriated pursuant to

21 the authorization in subsection (a) shall remain available

22 until expended.
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1 TITLE XXXV—PANAMA CANAL

2 COMMISSION

3 SEC. 3501. SHORT TITLE; REFERENCES TO PANAMA CANAL

4 ACT OF 1979.

5 (a) SHORT TITLE.—This title may be cited as the

6 ‘‘Panama Canal Commission Authorization Act for Fiscal

7 Year 1999’’.

8 (b) REFERENCES TO PANAMA CANAL ACT OF

9 1979.—Except as otherwise expressly provided, whenever

10 in this title an amendment or repeal is expressed in terms

11 of an amendment to, or repeal of, a section or other provi12 sion, the reference shall be considered to be made to a

13 section or other provision of the Panama Canal Act of

14 1979 (22 U.S.C. 3601 et seq.).

15 SEC. 3502. AUTHORIZATION OF EXPENDITURES.

16 (a) IN GENERAL.—Subject to subsection (b), the

17 Panama Canal Commission is authorized to use amounts

18 in the Panama Canal Revolving Fund to make such ex19 penditures within the limits of funds and borrowing au20 thority available to it in accordance with law, and to make

21 such contracts and commitments, as may be necessary

22 under the Panama Canal Act of 1979 (22 U.S.C. 3601

23 et seq.) for the operation, maintenance, improvement, and

24 administration of the Panama Canal for fiscal year 1999.
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1 (b) LIMITATIONS.—For fiscal year 1999, the Panama

2 Canal Commission may expend from funds in the Panama

3 Canal Revolving Fund not more than $90,000 for official

4 reception and representation expenses, of which—

5 (1) not more than $28,000 may be used for of6 ficial reception and representation expenses of the

7 Supervisory Board of the Commission;

8 (2) not more than $14,000 may be used for of9 ficial reception and representation expenses of the

10 Secretary of the Commission; and

11 (3) not more than $48,000 may be used for of12 ficial reception and representation expenses of the

13 Administrator of the Commission.

14 SEC. 3503. PURCHASE OF VEHICLES.

15 Notwithstanding any other provision of law, the

16 funds available to the Commission shall be available for

17 the purchase and transportation to the Republic of Pan18 ama of passenger motor vehicles, the purchase price of

19 which shall not exceed $23,000 per vehicle.

20 SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH

21 TREATIES.

22 Expenditures authorized under this title may be made

23 only in accordance with the Panama Canal Treaties of

24 1977 and any law of the United States implementing

25 those treaties.
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1 SEC. 3505. DONATIONS TO THE COMMISSION.

2 Section 1102b (22 U.S.C. 3612b) is amended by add3 ing at the end the following new subsection:

4 ‘‘(f)(1) The Commission may seek and accept dona5 tions of funds, property, and services from individuals,

6 foundations, corporations, and other private and public en7 tities for the purpose of carrying out its promotional ac8 tivities.

9 ‘‘(2) The Commission shall establish written guide10 lines setting forth the criteria to be used in determining

11 whether the acceptance of funds, property, or services au12 thorized by paragraph (1) would reflect unfavorably upon

13 the ability of the Commission (or any employee of the

14 Commission) to carry out its responsibilities or official du15 ties in a fair and objective manner or would compromise

16 the integrity or the appearance of the integrity of its pro17 grams or of any official in those programs.’’.

18 SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE

19 POST-TRANSFER ADMINISTRATIVE SERVICES

20 FOR CERTAIN EMPLOYEE BENEFITS.

21 Section 1110 (22 U.S.C. 3620) is amended by adding

22 at the end the following new subsection:

23 ‘‘(c)(1) The Secretary of State may enter into one

24 or more agreements to provide for the United States to

25 furnish administrative services relating to the benefits de26 scribed in paragraph (2) after December 31, 1999, and
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1 to establish appropriate procedures for providing advance

2 funding for the services.

3 ‘‘(2) The benefits referred to in paragraph (1) are

4 the following:

5 ‘‘(A) Pension, disability, and medical benefits

6 provided by the Panama Canal Commission pursu7 ant to section 1245.

8 ‘‘(B) Compensation for work injuries covered by

9 chapter 81 of title 5, United States Code.’’.

10 SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENE11 FITS JUST BEFORE TRANSFER.

12 (a) REPEALS.—Effective 11:59 p.m. (Eastern Stand13 ard Time), December 30, 1999, the following provisions

14 are repealed and any right or condition of employment

15 provided for in, or arising from, those provisions is termi16 nated: sections 1206 (22 U.S.C. 3646), 1207 (22 U.S.C.

17 3647), 1217(a), (22 U.S.C. 3657(a)), and 1224(11) (22

18 U.S.C. 3664(11)), subparagraphs (A), (B), (F), (G), and

19 (H) of section 1231(a)(2) (22 U.S.C. 3671(a)(2)) and sec20 tion 1321(e) (22 U.S.C. 3731(e)).

21 (b) SAVINGS PROVISION FOR BASIC PAY.—Notwith22 standing subsection (a), benefits based on basic pay, as

23 listed in paragraphs (1), (2), (3), (5), and (6) of section

24 1218 of the Panama Canal Act of 1979, shall be paid as

25 if sections 1217(a) and 1231(a)(2) (A) and (B) of that
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1 Act had been repealed effective 12:00 p.m., December 31,

2 1999. The exception under the preceding sentence shall

3 not apply to any pay for hours of work performed on De4 cember 31, 1999.

5 (c) NONAPPLICABILITY TO AGENCIES IN PANAMA

6 OTHER THAN PANAMA CANAL COMMISSION.—Section

7 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by striking

8 out ‘‘the Panama Canal Transition Facilitation Act of

9 1997’’ and inserting in lieu thereof ‘‘the Panama Canal

10 Transition Facilitation Act of 1997 (subtitle B of title

11 XXXV of Public Law 105–85; 110 Stat. 2062), or the

12 Panama Canal Commission Authorization Act for Fiscal

13 Year 1999’’.

14 SEC. 3508. CENTRAL EXAMINING OFFICE.

15 Section 1223 (22 U.S.C. 3663) is repealed.

16 SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS.

17 (a) COMMISSION LIABILITY SUBJECT TO CLAIMANT

18 INSURANCE.—(1) Section 1411(a) (22 U.S.C. 3771(a)) is

19 amended by inserting ‘‘to section 1419(b) of this Act and’’

20 after ‘‘Subject’’ in the first sentence.

21 (2) Section 1412 (22 U.S.C. 3772) is amended by

22 striking out ‘‘The Commission’’ in the first sentence and

23 inserting in lieu thereof ‘‘Subject to section 1419(b) of this

24 Act, the Commission’’.
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1 (3) Section 1416 (22 U.S.C. 3776) is amended by

2 striking out ‘‘A claimant’’ in the first sentence and insert3 ing in lieu thereof ‘‘Subject to section 1419(b) of this Act,

4 a claimant’’.

5 (b) LIMITATION ON LIABILITY.—Section 1419 (22

6 U.S.C. 3779) is amended by designating the text as sub7 section (a) and by adding at the end the following:

8 ‘‘(b) The Commission may not consider or pay any

9 claim under section 1411 or 1412 of this Act, nor may

10 an action for damages lie thereon, unless the claimant is

11 covered by one or more valid policies of insurance totalling

12 at least $1,000,000 against the injuries specified in those

13 sections. The Commission’s liability on any such claim

14 shall be limited to damages in excess of all amounts recov15 ered or recoverable by the claimant from its insurers. The

16 Commission may not consider or pay any claim by an in17 surer or subrogee of a claimant under section 1411 or

18 1412 of this Act.’’.

19 SEC. 3510. PLACEMENT OF UNITED STATES CITIZENS IN

20 POSITIONS WITH THE UNITED STATES GOV21 ERNMENT.

22 Section 1232 (22 U.S.C. 3672) is amended—

23 (1) by striking out subsection (d);

24 (2) by redesignating subsection (c) as sub25 section (d); and
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1 (3) by inserting after subsection (b) the follow2 ing new subsection (c):

3 ‘‘(c)(1) Upon the request of an employee or former

4 employee of the Panama Canal Commission described in

5 paragraph (2), the employee shall be afforded eligibility

6 for appointment on a noncompetitive basis to vacant posi7 tions in the competitive service of the civil service within—

8 ‘‘(A) an area determined by the Director of the

9 Office of Personnel Management as being within a

10 reasonable commuting distance of the employee’s

11 residence; or

12 ‘‘(B) in the case of an employee in the Republic

13 of Panama who chooses to so designate, any Stand14 ard Federal Region designated by the employee.

15 ‘‘(2) Paragraph (1) applies to a person who—

16 ‘‘(A) is a citizen of the United States;

17 ‘‘(B) was an employee of the Panama Canal

18 Commission on or after July 1, 1998; and

19 ‘‘(C) is in receipt of a notice of separation by

20 reason of a reduction in force.

21 ‘‘(3) A person’s eligibility for a noncompetitive ap22 pointment under paragraph (1) expires one year after the

23 date of the separation of that person from employment

24 by the Panama Canal Commission.
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1 ‘‘(4) For the purposes of paragraph (2)(B), an em2 ployee of the dissolution office established to manage Pan3 ama Canal Commission Dissolution Fund established by

4 section 1305 is an employee of the Panama Canal Com5 mission.

6 ‘‘(5) In this subsection, the terms ‘civil service’ and

7 ‘competitive service’ have the meanings given such terms

8 in sections 2101(1) and 2102, respectively, of title 5,

9 United States Code.’’.

10 SEC. 3511. PANAMA CANAL BOARD OF CONTRACT APPEALS.

11 (a) ESTABLISHMENT AND PAY OF BOARD.—Section

12 3102(a) (22 U.S.C. 3862(a)) is amended—

13 (1) in paragraph (1), by striking out ‘‘shall’’ in

14 the first sentence and inserting in lieu thereof

15 ‘‘may’’; and

16 (2) by adding at the end the following new

17 paragraph:

18 ‘‘(3) Compensation for members of the Board of Con19 tract Appeals shall be established by the Commission’s su20 pervisory board. The annual compensation established for

21 members may not exceed the rate of basic pay established

22 for level IV of the Executive Schedule under section 5315

23 of title 5, United States Code. The compensation of a

24 member may not be reduced during the member’s term
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1 of office from the level established at the time of the ap2 pointment of the member.’’.

3 (b) DEADLINE FOR COMMENCEMENT OF BOARD.—

4 Section 3102(e) (22 U.S.C. 3862(e)) is amended by strik5 ing out ‘‘, but not later than January 1, 1999’’.

6 SEC. 3512. TECHNICAL AMENDMENTS.

7 (a) PANAMA CANAL ACT OF 1979.—The Panama

8 Canal Act of 1979 is amended as follows:

9 (1) Section 1202(c) (22 U.S.C. 3642(c)) is

10 amended—

11 (A) by striking out ‘‘the day before the

12 date of the enactment of the Panama Canal

13 Transition Facilitation Act of 1997’’ and insert14 ing in lieu thereof ‘‘November 17, 1997,’’;

15 (B) by striking out ‘‘on or after that

16 date’’; and

17 (C) by striking out ‘‘the day before the

18 date of enactment’’ and inserting in lieu thereof

19 ‘‘that date’’.

20 (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3))

21 is amended by inserting ‘‘the’’ after ‘‘by the head

22 of’’.

23 (3) Section 1313 (22 U.S.C. 3723) is amended

24 by striking out ‘‘subsection (d)’’ in each of sub-
49

•S 2058 PCS

1 sections (a), (b), and (d) and inserting in lieu there2 of ‘‘subsection (c)’’.

3 (4) Sections 1411(a) and 1412 (22 U.S.C.

4 3771(a), 3772) are amended by striking out ‘‘the

5 date of the enactment of the Panama Canal Transi6 tion Facilitation Act of 1997’’ and inserting in lieu

7 thereof ‘‘by November 18, 1998’’.

8 (5) Section 1416 (22 U.S.C. 3776) is amended

9 by striking out ‘‘the date of the enactment of the

10 Panama Canal Transition Facilitation Act of 1997’’

11 and inserting in lieu thereof ‘‘by May 17, 1998’’.

12 (b) PUBLIC LAW 104–201.—Effective as of Septem13 ber 23, 1996, and as if included therein as enacted, section

14 3548(b)(3) of the Panama Canal Act Amendments of

15 1996 (subtitle B of title XXXV of Public Law 104–201;

16 110 Stat. 2869) is amended by striking out ‘‘section’’ in

17 both items of quoted matter and inserting in lieu thereof

18 ‘‘sections’’.