`[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 2058 Placed on Calendar Senate (PCS)]





                                                       Calendar No. 365

105th CONGRESS

  2d Session

                                S. 2058

_______________________________________________________________________

                                 A BILL

To authorize appropriations for fiscal year 1999 for defense activities 
          of the Department of Energy, and for other purposes.

_______________________________________________________________________

                              May 11, 1998

 Reported from the Committee on Armed Services, read twice, and placed 
                            on the calendar





                                                       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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Department of Energy National 
Security Act for Fiscal Year 1999''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
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.
                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.

SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES DEFINED.

    For purposes of this Act, the term ``congressional defense 
committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on National Security and the Committee on 
        Appropriations of the House of Representatives.

      TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

         Subtitle A--National Security Programs Authorizations

SEC. 3101. WEAPONS ACTIVITIES.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 1999 for weapons activities in 
carrying out programs necessary for national security in the amount of 
$4,519,700,000, to be allocated as follows:
            (1) Stockpile stewardship.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        1999 for stockpile stewardship in carrying out weapons 
        activities necessary for national security programs in the 
        amount of $2,123,375,000, to be allocated as follows:
                    (A) For core stockpile stewardship, $1,556,375,000, 
                to be allocated as follows:
                            (i) For operation and maintenance, 
                        $1,440,832,000.
                            (ii) For plant projects (including 
                        maintenance, restoration, planning, 
                        construction, acquisition, modification of 
                        facilities, and the continuation of 
projects authorized in prior years, and land acquisition related 
thereto), $115,543,000, to be allocated as follows:
                                    Project 99-D-102, rehabilitation of 
                                maintenance facility, Lawrence 
                                Livermore National Laboratory, 
                                Livermore, California, $6,500,000.
                                    Project 99-D-103, isotope sciences 
                                facilities, Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $4,000,000.
                                    Project 99-D-104, protection of 
                                real property (roof replacement-Phase 
                                II), Lawrence Livermore National 
                                Laboratory, Livermore, California, 
                                $7,300,000.
                                    Project 99-D-105, central health 
                                physics calibration facility, TA-36, 
                                Los Alamos National Laboratory, Los 
                                Alamos, New Mexico, $3,900,000.
                                    Project 99-D-106, model validation 
                                and system certification test center, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $1,600,000.
                                    Project 99-D-107, Joint 
                                Computational Engineering Laboratory, 
                                Sandia National Laboratories, 
                                Albuquerque, New Mexico, $1,800,000.
                                    Project 99-D-108, renovate existing 
                                roadways, Nevada Test Site, Nevada, 
                                $2,000,000.
                                    Project 97-D-102, dual-axis 
                                radiographic hydrotest facility 
                                (DARHT), Los Alamos National 
                                Laboratory, Los Alamos, New Mexico, 
                                $36,000,000.
                                    Project 96-D-102, stockpile 
                                stewardship facilities revitalization, 
                                Phase VI, various locations, 
                                $20,423,000.
                                    Project 96-D-103, ATLAS, Los Alamos 
                                National Laboratory, Los Alamos, New 
                                Mexico, $6,400,000.
                                    Project 96-D-104, processing and 
                                environmental technology laboratory 
                                (PETL), Sandia National Laboratories, 
                                Albuquerque, New Mexico, $18,920,000.
                                    Project 96-D-105, contained firing 
                                facility (CFF) addition, Lawrence 
                                Livermore National Laboratory, 
                                Livermore, California, $6,700,000.
                    (B) For inertial fusion, $498,000,000, to be 
                allocated as follows:
                            (i) For operation and maintenance, 
                        $213,800,000.
                            (ii) For the following plant project 
                        (including maintenance, restoration, planning, 
                        construction, acquisition, and modification of 
                        facilities, and land acquisition related 
                        thereto), $284,200,000, to be allocated as 
                        follows:
                                    Project 96-D-111, national ignition 
                                facility (NIF), Lawrence Livermore 
                                National Laboratory, Livermore, 
                                California, $284,200,000.
                    (C) For technology partnerships and education, 
                $69,000,000, to be allocated as follows:
                            (i) For technology partnerships, 
                        $60,000,000.
                            (ii) For education, $9,000,000.
            (2) Stockpile management.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        1999 for stockpile management in carrying out weapons 
        activities necessary for national security programs in the 
        amount of $2,140,825,000, to be allocated as follows:
                    (A) For operation and maintenance, $2,040,803,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $100,022,000, to be 
                allocated as follows:
                            Project 99-D-122, rapid reactivation, 
                        various locations, $11,200,000.
                            Project 99-D-123, replace mechanical 
                        utility systems, Y-12 Plant, Oak Ridge, 
                        Tennessee, $1,900,000.
                            Project 99-D-125, replace boilers and 
                        controls, Kansas City Plant, Kansas City, 
                        Missouri, $1,000,000.
                            Project 99-D-127, stockpile management 
                        restructuring initiative, Kansas City Plant, 
                        Kansas City, Missouri, $13,700,000.
                            Project 99-D-128, stockpile management 
                        restructuring initiative, Pantex Plant, 
                        Amarillo, Texas, $1,108,000.
                            Project 99-D-132, nuclear materials 
                        safeguards and security upgrades project, Los 
                        Alamos National Laboratory, Los Alamos, New 
                        Mexico, $9,700,000.
                            Project 98-D-123, stockpile management 
                        restructuring initiative, tritium factory 
                        modernization and consolidation, Savannah River 
                        Site, Aiken, South Carolina, $27,500,000.
                            Project 98-D-124, stockpile management 
                        restructuring initiative, Y-12 Plant 
                        consolidation, Oak Ridge, Tennessee, 
                        $10,700,000.
                            Project 97-D-122, nuclear materials storage 
                        facility renovation, Los Alamos National 
                        Laboratory, Los Alamos, New Mexico, $4,864,000.
                            Project 97-D-123, structural upgrades, 
                        Kansas City Plant, Kansas City, Missouri, 
                        $6,400,000.
                            Project 96-D-122, sewage treatment quality 
                        upgrade (STQU), Pantex Plant, Amarillo, Texas, 
                        $3,700,000.
                            Project 95-D-102, chemistry and metallurgy 
                        research building (CMR) upgrades project, Los 
                        Alamos National Laboratory, Los Alamos, New 
                        Mexico, $5,000,000.
                            Project 93-D-122, life safety upgrades, Y-
                        12 Plant, Oak Ridge, Tennessee, $3,250,000.
            (3) Program direction.--Funds are hereby authorized to be 
        appropriated to the Department of Energy for fiscal year 1999 
        for program direction in carrying out weapons activities 
        necessary for national security programs in the amount of 
        $255,500,000.
    (b) Adjustment.--The total amount authorized to be appropriated in 
paragraphs (1), (2), and (3) of subsection (a) is the sum of the 
amounts authorized to be appropriated by such paragraphs reduced by the 
sum of $145,000,000 for use of prior year balances.

SEC. 3102. ENVIRONMENTAL RESTORATION AND WASTE MANAGEMENT.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 1999 for environmental 
restoration and waste management in carrying out programs necessary for 
national security in the amount of $5,323,143,000, to be allocated as 
follows:
            (1) Site and project completion.--Funds are hereby 
        authorized to be appropriated to the Department of Energy for 
        fiscal year 1999 for site project and completion in carrying 
        out environmental restoration and waste management activities 
        necessary for national security programs in the amount of 
        $1,047,253,000, to be allocated as follows:
                    (A) For operation and maintenance, $848,090,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $199,163,000, to be 
                allocated as follows:
                            Project 99-D-402, tank farm support 
                        services, F&H area, Savannah River Site, Aiken, 
                        South Carolina, $2,745,000.
                            Project 99-D-404, health physics 
                        instrumentation laboratory, Idaho National 
                        Engineering and Environmental Laboratory, Idaho 
                        Falls, Idaho, $950,000.
                            Project 98-D-401, H-tank farm storm water 
                        systems upgrade, Savannah River Site, Aiken, 
                        South Carolina, $3,120,000.
                            Project 98-D-453, plutonium stabilization 
                        and handling system for plutonium finishing 
                        plant, Richland, Washington, $26,814,000.
                            Project 98-D-700, road rehabilitation, 
                        Idaho National Engineering and Environmental 
                        Laboratory, Idaho Falls, Idaho, $7,710,000.
                            Project 97-D-450, actinide packaging and 
                        storage facility, Savannah River Site, Aiken, 
                        South Carolina, $79,184,000.
                            Project 97-D-470, regulatory monitoring and 
                        bioassay laboratory, Savannah River Site, 
                        Aiken, South Carolina, $7,000,000.
                            Project 96-D-406, spent nuclear fuels 
                        canister storage and stabilization facility, 
                        Richland, Washington, $38,680,000.
                            Project 96-D-408, waste management 
                        upgrades, Kansas City Plant, Kansas City, 
                        Missouri, and Savannah River Site, Aiken, South 
                        Carolina, $4,512,000.
                            Project 96-D-464, electrical and utility 
                        systems upgrade, Idaho Chemical Processing 
                        Plant, Idaho National Engineering and 
                        Environmental Laboratory, Idaho Falls, Idaho, 
                        $11,544,000.
                            Project 96-D-471, chlorofluorocarbon 
                        heating, ventilation, and air conditioning and 
                        chiller retrofit, Savannah River Site, Aiken, 
                        South Carolina, $8,000,000.
                            Project 95-D-456, security facilities 
                        consolidation, Idaho Chemical Processing Plant, 
                        Idaho National Engineering and Environmental 
                        Laboratory, Idaho Falls, Idaho, $485,000.
                            Project 92-D-140, F-canyon and H-canyon 
                        exhaust upgrades, Savannah River Site, Aiken, 
                        South Carolina, $3,667,000.
                            Project 86-D-103, decontamination and waste 
                        treatment facility, Lawrence Livermore National 
                        Laboratory, Livermore, California, $4,752,000.
            (2) Post 2006 completion.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        1999 for post 2006 project completion in carrying out 
        environmental restoration and waste management activities 
        necessary for national security programs in the amount of 
        $2,683,451,000, to be allocated as follows:
                    (A) For operation and maintenance, $2,602,195,000.
                    (B) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and the continuation of 
                projects authorized in prior years, and land 
                acquisition related thereto), $81,256,000, to be 
                allocated as follows:
                            Project 99-D-403, privatization phase I 
                        infrastructure support, Richland, Washington, 
                        $14,800,000.
                            Project 97-D-402, tank farm restoration and 
                        safe operations, Richland, Washington, 
                        $22,723,000.
                            Project 96-D-408, waste management 
                        upgrades, Richland, Washington, $171,000.
                            Project 94-D-407, initial tank retrieval 
                        systems, Richland, Washington, $32,860,000.
                            Project 93-D-187, high-level waste removal 
                        from filled waste tanks, Savannah River Site, 
                        Aiken, South Carolina, $10,702,000.
            (3) Closure projects.--Funds are hereby authorized to be 
        appropriated to the Department of Energy for fiscal year 1999 
        for closure projects carried out in accordance with section 
        3143 of the National Defense Authorization Act for Fiscal Year 
        1997 (Public Law 104-201; 110 Stat. 2836; 42 U.S.C. 7274n) in 
        the amount of $1,006,240,000.
            (4) Technology development.--Funds are hereby authorized to 
        be appropriated to the Department of Energy for fiscal year 
        1999 for science and technology in carrying out environmental 
        restoration and waste management activities necessary for 
        national security programs in the amount of $250,000,000.
            (5) Program direction.--Funds are hereby authorized to be 
        appropriated to the Department of Energy for fiscal year 1999 
        for program direction in carrying out environmental restoration 
        and waste management activities necessary for national security 
        programs in the amount of $336,199,000.
    (b) Adjustment.--The total amount authorized to be appropriated in 
paragraphs (1), (2), (3), and (5) of subsection (a) is the sum of the 
amounts authorized to be appropriated by such paragraphs reduced by the 
sum of $21,000,000 for use of prior year balances.

SEC. 3103. OTHER DEFENSE ACTIVITIES.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1999 for other defense activities in carrying 
out programs necessary for national security in the amount of 
$1,672,160,000, to be allocated as follows:
            (1) Verification and control technology.--For verification 
        and control technology, $483,500,000, to be allocated as 
        follows:
                    (A) For nonproliferation and verification research 
                and development, $210,000,000.
                    (B) For arms control, $236,900,000.
                    (C) For intelligence, $36,600,000.
            (2) Nuclear safeguards and security.--For nuclear 
        safeguards and security, $53,200,000.
            (3) Security investigations.--For security investigations, 
        $30,000,000.
            (4) Emergency management.--For emergency management, 
        $23,700,000.
            (5) Program direction.--For program direction, 
        nonproliferation and national security, $84,900,000.
            (6) Worker and community transition assistance.--For worker 
        and community transition assistance, $40,000,000, to be 
        allocated as follows:
                    (A) For worker and community transition, 
                $36,000,000.
                    (B) For program direction, worker and community 
                transition assistance, $4,000,000.
            (7) Fissile materials control and disposition.--For fissile 
        materials control and disposition, $168,960,000, to be 
        allocated as follows:
                    (A) For operation and maintenance, $111,372,000.
                    (B) For program direction, fissile materials 
                control and disposition, $4,588,000.
                    (C) For plant projects (including maintenance, 
                restoration, planning, construction, acquisition, 
                modification of facilities, and land acquisition 
                related thereto), $53,000,000, to be allocated as 
                follows:
                            Project 99-D-141, pit disassembly and 
                        conversion facility, location to be determined, 
                        $25,000,000.
                            Project 99-D-143, mixed oxide fuel 
                        fabrication facility, location to be 
                        determined, $28,000,000.
            (8) Environment, safety, and health.--For environment, 
        safety, and health, defense, $69,000,000, to be allocated as 
        follows:
                    (A) For the Office of Environment, Safety, and 
                Health (Defense), $64,231,000.
                    (B) For program direction, environment, safety, and 
                health (defense), $4,769,000.
            (9) Office of hearings and appeals.--For the Office of 
        Hearings and Appeals, $2,400,000.
            (10) International nuclear safety.--For international 
        nuclear safety, $35,000,000.
            (11) Naval reactors.--For naval reactors, $681,500,000, to 
        be allocated as follows:
                    (A) For naval reactors development, $661,400,000, 
                to be allocated as follows:
                            (i) For operation and maintenance, 
                        $639,600,000.
                            (ii) For plant projects (including 
                        maintenance, restoration, planning, 
                        construction, acquisition, modification of 
                        facilities, and the continuation of projects 
                        authorized in prior years, and land acquisition 
                        related thereto), $12,800,000, to be allocated 
                        as follows:
                                    Project 98-D-200, site laboratory/
                                facility upgrade, various locations, 
                                $7,000,000.
                                    Project 90-N-102, expended core 
                                facility dry cell project, Naval 
                                Reactors facility, Idaho Falls, Idaho, 
                                $5,800,000.
                            (iii) For general plant projects, 
                        $9,000,000, to be allocated as follows:
                                    Project GPN-101, general plant 
                                projects, various locations, 
                                $9,000,000.
                    (B) For program direction, naval reactors, 
                $20,100,000.

SEC. 3104. DEFENSE NUCLEAR WASTE DISPOSAL.

    Funds are hereby authorized to be appropriated to the Department of 
Energy for fiscal year 1999 for payment to the Nuclear Waste Fund 
established in section 302(c) of the Nuclear Waste Policy Act of 1982 
(42 U.S.C. 10222(c)) in the amount of $190,000,000.

SEC. 3105. DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION.

    (a) In General.--Funds are hereby authorized to be appropriated to 
the Department of Energy for fiscal year 1999 for privatization 
initiatives in carrying out environmental restoration and waste 
management activities necessary for national security programs in the 
amount of $273,857,000, to be allocated as follows:
            Project 99-PVT-1, remote handled transuranic waste 
        transportation, Carlsbad, New Mexico, $19,605,000.
            Project 98-PVT-2, spent nuclear fuel dry storage, Idaho 
        Falls, Idaho, $20,000,000.
            Project 98-PVT-5, waste disposal, Oak Ridge, Tennessee, 
        $33,500,000.
            Project 97-PVT-1, tank waste remediation system phase I, 
        Hanford, Washington, $113,500,000.
            Project 97-PVT-2, advanced mixed waste treatment facility, 
        Idaho Falls, Idaho, $87,252,000.
    (b) Adjustment.--The amount authorized to be appropriated in 
subsection (a) is the sum of the amounts authorized to be appropriated 
for the projects set forth in that subsection reduced by the sum of 
$32,000,000 for use of prior year balances of funds for defense 
environmental management privatization.

                Subtitle B--Recurring General Provisions

SEC. 3121. REPROGRAMMING.

    (a) In General.--Until the Secretary of Energy submits to the 
congressional defense committees the report referred to in subsection 
(b) and a period of 30 days has elapsed after the date on which such 
committees receive the report, the Secretary may not use amounts 
appropriated pursuant to this title for any program--
            (1) in amounts that exceed, in a fiscal year--
                    (A) 110 percent of the amount authorized for that 
                program by this title; or
                    (B) $1,000,000 more than the amount authorized for 
                that program by this title; or
            (2) which has not been presented to, or requested of, 
        Congress.
    (b) Report.--(1) The report referred to in subsection (a) is a 
report containing a full and complete statement of the action proposed 
to be taken and the facts and circumstances relied upon in support of 
such proposed action.
    (2) In the computation of the 30-day period under subsection (a), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (c) Limitations.--(1) In no event may the total amount of funds 
obligated pursuant to this title exceed the total amount authorized to 
be appropriated by this title.
    (2) Funds appropriated pursuant to this title may not be used for 
an item for which Congress has specifically denied funds.

SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS.

    (a) In General.--The Secretary of Energy may carry out any 
construction project under the general plant projects authorized by 
this title if the total estimated cost of the construction project does 
not exceed $5,000,000.
    (b) Report to Congress.--If, at any time during the construction of 
any general plant project authorized by this title, the estimated cost 
of the project is revised because of unforeseen cost variations and the 
revised cost of the project exceeds $5,000,000, the Secretary shall 
immediately furnish a complete report to the congressional defense 
committees explaining the reasons for the cost variation.

SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS.

    (a) In General.--(1) Except as provided in paragraph (2), 
construction on a construction project may not be started or additional 
obligations incurred in connection with the project above the total 
estimated cost, whenever the current estimated cost of the construction 
project, which is authorized by section 3101, 3102, or 3103, or which 
is in support of national security programs of the Department of Energy 
and was authorized by any previous Act, exceeds by more than 25 percent 
the higher of--
            (A) the amount authorized for the project; or
            (B) the amount of the total estimated cost for the project 
        as shown in the most recent budget justification data submitted 
        to Congress.
    (2) An action described in paragraph (1) may be taken if--
            (A) the Secretary of Energy has submitted to the 
        congressional defense committees a report on the actions and 
        the circumstances making such action necessary; and
            (B) a period of 30 days has elapsed after the date on which 
        the report is received by the committees.
    (3) In the computation of the 30-day period under paragraph (2), 
there shall be excluded any day on which either House of Congress is 
not in session because of an adjournment of more than 3 days to a day 
certain.
    (b) Exception.--Subsection (a) shall not apply to any construction 
project which has a current estimated cost of less than $5,000,000.

SEC. 3124. FUND TRANSFER AUTHORITY.

    (a) Transfer to Other Federal Agencies.--The Secretary of Energy 
may transfer funds authorized to be appropriated to the Department of 
Energy pursuant to this title to other Federal agencies for the 
performance of work for which the funds were authorized. Funds so 
transferred may be merged with and be available for the same purposes 
and for the same period as the authorizations of the Federal agency to 
which the amounts are transferred.
    (b) Transfer Within Department of Energy.--(1) Subject to paragraph 
(2), the Secretary of Energy may transfer funds authorized to be 
appropriated to the Department of Energy pursuant to this title between 
any such authorizations. Amounts of authorizations so transferred may 
be merged with and be available for the same purposes and for the same 
period as the authorization to which the amounts are transferred.
    (2) Not more than five percent of any such authorization may be 
transferred between authorizations under paragraph (1). No such 
authorization may be increased or decreased by more than five percent 
by a transfer under such paragraph.
    (c) Limitation.--The authority provided by this section to transfer 
authorizations--
            (1) may only be used to provide funds for items relating to 
        activities necessary for national security programs that have a 
        higher priority than the items from which the funds are 
        transferred; and
            (2) may not be used to provide funds for an item for which 
        Congress has specifically denied funds.
    (d) Notice to Congress.--The Secretary of Energy shall promptly 
notify the Committee on Armed Services of the Senate and the Committee 
on National Security of the House of Representatives of any transfer of 
funds to or from authorizations under this title.

SEC. 3125. AUTHORITY FOR CONCEPTUAL AND CONSTRUCTION DESIGN.

    (a) Requirement for Conceptual Design.--(1) Subject to paragraph 
(2) and except as provided in paragraph (3), before submitting to 
Congress a request for funds for a construction project that is in 
support of a national security program of the Department of Energy, the 
Secretary of Energy shall complete a conceptual design for that 
project.
    (2) If the estimated cost of completing a conceptual design for a 
construction project exceeds $3,000,000, the Secretary shall submit to 
Congress a request for funds for the conceptual design before 
submitting a request for funds for the construction project.
    (3) The requirement in paragraph (1) does not apply to a request 
for funds--
            (A) for a construction project the total estimated cost of 
        which is less than $5,000,000; or
            (B) for emergency planning, design, and construction 
        activities under section 3126.
    (b) Authority for Construction Design.--(1) Within the amounts 
authorized by this title, the Secretary of Energy may carry out 
construction design (including architectural and engineering services) 
in connection with any proposed construction project if the total 
estimated cost for such design does not exceed $600,000.
    (2) If the total estimated cost for construction design in 
connection with any construction project exceeds $600,000, funds for 
such design must be specifically authorized by law.

SEC. 3126. AUTHORITY FOR EMERGENCY PLANNING, DESIGN, AND CONSTRUCTION 
              ACTIVITIES.

    (a) Authority.--The Secretary of Energy may use any funds available 
to the Department of Energy pursuant to an authorization in this title, 
including those funds authorized to be appropriated for advance 
planning and construction design under sections 3101, 3102, and 3103, 
to perform planning, design, and construction activities for any 
Department of Energy national security program construction project 
that, as determined by the Secretary, must proceed expeditiously in 
order to protect public health and safety, to meet the needs of 
national defense, or to protect property.
    (b) Limitation.--The Secretary may not exercise the authority under 
subsection (a) in the case of any construction project until the 
Secretary has submitted to the congressional defense committees a 
report on the activities that the Secretary intends to carry out under 
this section and the circumstances making such activities necessary.
    (c) Specific Authority.--The requirement of section 3125(b)(2) does 
not apply to emergency planning, design, and construction activities 
conducted under this section.

SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE 
              DEPARTMENT OF ENERGY.

    Subject to the provisions of appropriations Acts and section 3121, 
amounts appropriated pursuant to this title for management and support 
activities and for general plant projects are available for use, when 
necessary, in connection with all national security programs of the 
Department of Energy.

SEC. 3128. AVAILABILITY OF FUNDS.

    (a) In General.--Except as provided in subsection (b), when so 
specified in an appropriations Act, amounts appropriated for operation 
and maintenance or for plant projects may remain available until 
expended.
    (b) Exception for Program Direction Funds.--Amounts appropriated 
for program direction pursuant to an authorization of appropriations in 
subtitle A shall remain available to be expended only until the end of 
fiscal year 2001.

SEC. 3129. TRANSFERS OF DEFENSE ENVIRONMENTAL MANAGEMENT FUNDS.

    (a) Transfer Authority for Defense Environmental Management 
Funds.--The Secretary of Energy shall provide the manager of each field 
office of the Department of Energy with the authority to transfer 
defense environmental management funds from a program or project under 
the jurisdiction of the office to another such program or project.
    (b) Limitations.--(1) Only one transfer may be made to or from any 
program or project under subsection (a) in a fiscal year.
    (2) The amount transferred to or from a program or project under 
subsection (a) may not exceed $5,000,000 in a fiscal year.
    (3) A transfer may not be carried out by a manager of a field 
office under subsection (a) unless the manager determines that the 
transfer is necessary to address a risk to health, safety, or the 
environment or to assure the most efficient use of defense 
environmental management funds at the field office.
    (4) Funds transferred pursuant to subsection (a) may not be used 
for an item for which Congress has specifically denied funds or for a 
new program or project that has not been authorized by Congress.
    (c) Exemption From Reprogramming Requirements.--The requirements of 
section 3121 shall not apply to transfers of funds pursuant to 
subsection (a).
    (d) Notification.--The Secretary, acting through the Assistant 
Secretary of Energy for Environmental Management, shall notify Congress 
of any transfer of funds pursuant to subsection (a) not later than 30 
days after such transfer occurs.
    (e) Definitions.--In this section:
            (1) The term ``program or project'' means, with respect to 
        a field office of the Department of Energy, any of the 
        following:
                    (A) An activity carried out pursuant to paragraph 
                (1), (2), or (3) of section 3102(a).
                    (B) A project or program not described in 
                subparagraph (A) that is for environmental restoration 
                or waste management activities necessary for national 
                security programs of the Department, that is being 
                carried out by the office, and for which defense 
                environmental management funds have been authorized and 
                appropriated before the date of enactment of this Act.
            (2) The term ``defense environmental management funds'' 
        means funds appropriated to the Department of Energy pursuant 
        to an authorization for carrying out environmental restoration 
        and waste management activities necessary for national security 
        programs.
    (f) Duration of Authority.--The managers of the field offices of 
the Department may exercise the authority provided under subsection (a) 
during the period beginning on October 1, 1998, and ending on September 
30, 1999.

   Subtitle C--Program Authorizations, Restrictions, and Limitations

SEC. 3131. INTERNATIONAL COOPERATIVE STOCKPILE STEWARDSHIP.

    (a) Funding Prohibition.--No funds authorized to be appropriated or 
otherwise available to the Department of Energy for fiscal year 1999 
may be obligated or expended to conduct any activities associated with 
international cooperative stockpile stewardship.
    (b) Exceptions.--Subsection (a) does not apply to the following:
            (1) Activities conducted between the United States and the 
        United Kingdom.
            (2) Activities conducted between the United States and 
        France.
            (3) Activities carried out under title III of this Act 
        relating to cooperative threat reduction with states of the 
        former Soviet Union.

SEC. 3132. PROHIBITION ON USE OF FUNDS FOR BALLISTIC MISSILE DEFENSE 
              AND THEATER MISSILE DEFENSE.

    No funds authorized to be appropriated or otherwise made available 
to the Department of Energy by this title for fiscal year 1999 may be 
obligated or expended for any activities (including research, 
development, test, and evaluation activities, demonstration activities, 
or studies) relating to ballistic missile defense or theater missile 
defense.

SEC. 3133. LICENSING OF CERTAIN MIXED OXIDE FUEL FABRICATION AND 
              IRRADIATION FACILITIES.

    (a) License Requirement.--Notwithstanding section 110 a. of the 
Atomic Energy Act of 1954 (42 U.S.C. 2140(a)), no person may construct 
or operate a facility referred to in subsection (b) without obtaining a 
license from the Nuclear Regulatory Commission.
    (b) Covered Facilities.--(1) Except as provided in paragraph (2), 
subsection (a) applies to any facility under a contract with and for 
the account of the Department of Energy that fabricates mixed 
plutonium-uranium oxide nuclear reactor fuel for use in a commercial 
nuclear reactor.
    (2) Subsection (a) does not apply to any such facility that is 
utilized for research, development, demonstration, testing, or analysis 
purposes.
    (c) Availability of Funds for Licensing by NRC.--Section 210 of the 
Department of Energy National Security and Military Applications of 
Nuclear Energy Authorization Act of 1981 (42 U.S.C. 7272) shall not 
apply to any licensing activities required as a result of subsection 
(a).
    (d) Applicability of Occupational Safety and Health Requirements to 
Activities Under License.--Any activities carried out under a license 
referred to in subsection (a) shall be subject to regulation under the 
Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.).

SEC. 3134. CONTINUATION OF PROCESSING, TREATMENT, AND DISPOSITION OF 
              LEGACY NUCLEAR MATERIALS.

    The Secretary of Energy shall continue operations and maintain a 
high state of readiness at the F-canyon and H-canyon facilities at the 
Savannah River site and shall provide technical staff necessary to 
operate and so maintain such facilities.

SEC. 3135. AUTHORITY FOR DEPARTMENT OF ENERGY FEDERALLY FUNDED RESEARCH 
              AND DEVELOPMENT CENTERS TO PARTICIPATE IN MERIT-BASED 
              TECHNOLOGY RESEARCH AND DEVELOPMENT PROGRAMS.

    Section 217(f)(1) of the National Defense Authorization Act for 
Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2695) is amended by 
inserting ``or of the Department of Energy'' after ``the Department of 
Defense''.

SEC. 3136. SUPPORT FOR PUBLIC EDUCATION IN THE VICINITY OF LOS ALAMOS 
              NATIONAL LABORATORY, NEW MEXICO.

    (a) Availability of Funds.--Of the funds authorized to be 
appropriated or otherwise made available to the Department of Energy by 
this title, $5,000,000 shall be available for payment by the Secretary 
of Energy to the educational foundation chartered to enhance 
educational activities in the public schools in the vicinity of Los 
Alamos National Laboratory, New Mexico (in this section referred to as 
the ``Foundation'').
    (b) Use of Funds.--(1) The Foundation shall utilize funds provided 
under subsection (a) as a contribution to an endowment fund for the 
Foundation.
    (2) The Foundation shall use the income generated from investments 
in the endowment fund that are attributable to the payment made under 
subsection (a) to fund programs to support the educational needs of 
children in public schools in the vicinity of Los Alamos National 
Laboratory.

                       Subtitle D--Other Matters

SEC. 3141. REPEAL OF FISCAL YEAR 1998 STATEMENT OF POLICY ON STOCKPILE 
              STEWARDSHIP PROGRAM.

    Section 3156 of the National Defense Authorization Act for Fiscal 
Year 1998 (Public Law 105-85; 111 Stat. 2045; 42 U.S.C. 2121 note) is 
repealed.

SEC. 3142. INCREASE IN MAXIMUM RATE OF PAY FOR SCIENTIFIC, ENGINEERING, 
              AND TECHNICAL PERSONNEL RESPONSIBLE FOR SAFETY AT DEFENSE 
              NUCLEAR FACILITIES.

    Section 3161(a)(2) of the National Defense Authorization Act for 
Fiscal Year 1995 (42 U.S.C. 7231 note) is amended by striking out 
``level IV of the Executive Schedule under section 5315'' and inserting 
in lieu thereof ``level III of the Executive Schedule under section 
5314''.

SEC. 3143. SENSE OF SENATE REGARDING TREATMENT OF FORMERLY UTILIZED 
              SITES REMEDIAL ACTION PROGRAM UNDER A NONDEFENSE 
              DISCRETIONARY BUDGET FUNCTION.

    It is the sense of the Senate that the Office of Management and 
Budget should, beginning with fiscal year 2000, transfer the Formerly 
Utilized Sites Remedial Action Program from the 050 budget function to 
a nondefense discretionary budget function.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

SEC. 3201. AUTHORIZATION.

    There are authorized to be appropriated for fiscal year 1999, 
$17,500,000 for the operation of the Defense Nuclear Facilities Safety 
Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 
et seq.).

                TITLE XXXIII--NATIONAL DEFENSE STOCKPILE

SEC. 3301.  DEFINITIONS.

    In this title:
            (1) The term ``National Defense Stockpile'' means the 
        stockpile provided for in section 4 of the Strategic and 
        Critical Materials Stock Piling Act (50 U.S.C. 98c).
            (2) The term ``National Defense Stockpile Transaction 
        Fund'' means the fund in the Treasury of the United States 
        established under section 9(a) of the Strategic and Critical 
        Materials Stock Piling Act (50 U.S.C. 98h(a)).

SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.

    (a) Obligation of Stockpile Funds.--During fiscal year 1999, the 
National Defense Stockpile Manager may obligate up to $83,000,000 of 
the funds in the National Defense Stockpile Transaction Fund for the 
authorized uses of such funds under section 9(b)(2) of the Strategic 
and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)(2)), 
including the disposal of hazardous materials that are environmentally 
sensitive.
    (b) Additional Obligations.--The National Defense Stockpile Manager 
may obligate amounts in excess of the amount specified in subsection 
(a) if the National Defense Stockpile Manager notifies Congress that 
extraordinary or emergency conditions necessitate the additional 
obligations. The National Defense Stockpile Manager may make the 
additional obligations described in the notification after the end of 
the 45-day period beginning on the date Congress receives the 
notification.
    (c) Limitations.--The authorities provided by this section shall be 
subject to such limitations as may be provided in appropriations Acts.

SEC. 3303. AUTHORITY TO DISPOSE OF CERTAIN MATERIALS IN NATIONAL 
              DEFENSE STOCKPILE.

    (a) Disposal Required.--Subject to subsection (c), the President 
shall dispose of materials contained in the National Defense Stockpile 
and specified in the table in subsection (b) so as to result in 
receipts to the United States in the amount of $100,000,000 by the end 
of fiscal year 1999.
    (b) Limitation on Disposal Quantity.--The total quantities of 
materials authorized for disposal by the President under subsection (a) 
may not exceed the 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.          
------------------------------------------------------------------------

    (c) Minimization of Disruption and Loss.--The President may not 
dispose of materials under subsection (a) to the extent that the 
disposal will result in--
            (1) undue disruption of the usual markets of producers, 
        processors, and consumers of the materials proposed for 
        disposal; or
            (2) avoidable loss to the United States.
    (d) Relationship to Other Disposal Authority.--The disposal 
authority provided in subsection (a) is new disposal authority and is 
in addition to, and shall not affect, any other disposal authority 
provided by law regarding the materials specified in such subsection.

                 TITLE XXXIV--NAVAL PETROLEUM RESERVES

SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.

    (a) Amount.--There is hereby authorized to be appropriated to the 
Secretary of Energy $117,000,000 for fiscal year 1999 for the purposes 
of carrying out--
            (1) activities under chapter 641 of title 10, United States 
        Code, relating to the naval petroleum reserves (as defined in 
        section 7420(2) of such title); and
            (2) activities necessary to terminate the administration of 
        Naval Petroleum Reserve Numbered 1 by the Secretary after the 
        sale of that reserve under subtitle B of title XXXIV of the 
        National Defense Authorization Act for Fiscal Year 1996 (Public 
        Law 104-106; 10 U.S.C. 7420 note).
    (b) Availability.--Funds appropriated pursuant to the authorization 
in subsection (a) shall remain available until expended.

                  TITLE XXXV--PANAMA CANAL COMMISSION

SEC. 3501. SHORT TITLE; REFERENCES TO PANAMA CANAL ACT OF 1979.

    (a) Short Title.--This title may be cited as the ``Panama Canal 
Commission Authorization Act for Fiscal Year 1999''.
    (b) References to Panama Canal Act of 1979.--Except as otherwise 
expressly provided, whenever in this title an amendment or repeal is 
expressed in terms of an amendment to, or repeal of, a section or other 
provision, the reference shall be considered to be made to a section or 
other provision of the Panama Canal Act of 1979 (22 U.S.C. 3601 et 
seq.).

SEC. 3502. AUTHORIZATION OF EXPENDITURES.

    (a) In General.--Subject to subsection (b), the Panama Canal 
Commission is authorized to use amounts in the Panama Canal Revolving 
Fund to make such expenditures within the limits of funds and borrowing 
authority available to it in accordance with law, and to make such 
contracts and commitments, as may be necessary under the Panama Canal 
Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance, 
improvement, and administration of the Panama Canal for fiscal year 
1999.
    (b) Limitations.--For fiscal year 1999, the Panama Canal Commission 
may expend from funds in the Panama Canal Revolving Fund not more than 
$90,000 for official reception and representation expenses, of which--
            (1) not more than $28,000 may be used for official 
        reception and representation expenses of the Supervisory Board 
        of the Commission;
            (2) not more than $14,000 may be used for official 
        reception and representation expenses of the Secretary of the 
        Commission; and
            (3) not more than $48,000 may be used for official 
        reception and representation expenses of the Administrator of 
        the Commission.

SEC. 3503. PURCHASE OF VEHICLES.

    Notwithstanding any other provision of law, the funds available to 
the Commission shall be available for the purchase and transportation 
to the Republic of Panama of passenger motor vehicles, the purchase 
price of which shall not exceed $23,000 per vehicle.

SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.

    Expenditures authorized under this title may be made only in 
accordance with the Panama Canal Treaties of 1977 and any law of the 
United States implementing those treaties.

SEC. 3505. DONATIONS TO THE COMMISSION.

    Section 1102b (22 U.S.C. 3612b) is amended by adding at the end the 
following new subsection:
    ``(f)(1) The Commission may seek and accept donations of funds, 
property, and services from individuals, foundations, corporations, and 
other private and public entities for the purpose of carrying out its 
promotional activities.
    ``(2) The Commission shall establish written guidelines setting 
forth the criteria to be used in determining whether the acceptance of 
funds, property, or services authorized by paragraph (1) would reflect 
unfavorably upon the ability of the Commission (or any employee of the 
Commission) to carry out its responsibilities or official duties in a 
fair and objective manner or would compromise the integrity or the 
appearance of the integrity of its programs or of any official in those 
programs.''.

SEC. 3506. AGREEMENTS FOR UNITED STATES TO PROVIDE POST-TRANSFER 
              ADMINISTRATIVE SERVICES FOR CERTAIN EMPLOYEE BENEFITS.

    Section 1110 (22 U.S.C. 3620) is amended by adding at the end the 
following new subsection:
    ``(c)(1) The Secretary of State may enter into one or more 
agreements to provide for the United States to furnish administrative 
services relating to the benefits described in paragraph (2) after 
December 31, 1999, and to establish appropriate procedures for 
providing advance funding for the services.
    ``(2) The benefits referred to in paragraph (1) are the following:
            ``(A) Pension, disability, and medical benefits provided by 
        the Panama Canal Commission pursuant to section 1245.
            ``(B) Compensation for work injuries covered by chapter 81 
        of title 5, United States Code.''.

SEC. 3507. SUNSET OF UNITED STATES OVERSEAS BENEFITS JUST BEFORE 
              TRANSFER.

    (a) Repeals.--Effective 11:59 p.m. (Eastern Standard Time), 
December 30, 1999, the following provisions are repealed and any right 
or condition of employment provided for in, or arising from, those 
provisions is terminated: sections 1206 (22 U.S.C. 3646), 1207 (22 
U.S.C. 3647), 1217(a), (22 U.S.C. 3657(a)), and 1224(11) (22 U.S.C. 
3664(11)), subparagraphs (A), (B), (F), (G), and (H) of section 
1231(a)(2) (22 U.S.C. 3671(a)(2)) and section 1321(e) (22 U.S.C. 
3731(e)).
    (b) Savings Provision for Basic Pay.--Notwithstanding subsection 
(a), benefits based on basic pay, as listed in paragraphs (1), (2), 
(3), (5), and (6) of section 1218 of the Panama Canal Act of 1979, 
shall be paid as if sections 1217(a) and 1231(a)(2) (A) and (B) of that 
Act had been repealed effective 12:00 p.m., December 31, 1999. The 
exception under the preceding sentence shall not apply to any pay for 
hours of work performed on December 31, 1999.
    (c) Nonapplicability to Agencies in Panama Other Than Panama Canal 
Commission.--Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by 
striking out ``the Panama Canal Transition Facilitation Act of 1997'' 
and inserting in lieu thereof ``the Panama Canal Transition 
Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105-
85; 110 Stat. 2062), or the Panama Canal Commission Authorization Act 
for Fiscal Year 1999''.

SEC. 3508. CENTRAL EXAMINING OFFICE.

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

SEC. 3509. LIABILITY FOR VESSEL ACCIDENTS.

    (a) Commission Liability Subject to Claimant Insurance.--(1) 
Section 1411(a) (22 U.S.C. 3771(a)) is amended by inserting ``to 
section 1419(b) of this Act and'' after ``Subject'' in the first 
sentence.
    (2) Section 1412 (22 U.S.C. 3772) is amended by striking out ``The 
Commission'' in the first sentence and inserting in lieu thereof 
``Subject to section 1419(b) of this Act, the Commission''.
    (3) Section 1416 (22 U.S.C. 3776) is amended by striking out ``A 
claimant'' in the first sentence and inserting in lieu thereof 
``Subject to section 1419(b) of this Act, a claimant''.
    (b) Limitation on Liability.--Section 1419 (22 U.S.C. 3779) is 
amended by designating the text as subsection (a) and by adding at the 
end the following:
    ``(b) The Commission may not consider or pay any claim under 
section 1411 or 1412 of this Act, nor may an action for damages lie 
thereon, unless the claimant is covered by one or more valid policies 
of insurance totalling at least $1,000,000 against the injuries 
specified in those sections. The Commission's liability on any such 
claim shall be limited to damages in excess of all amounts recovered or 
recoverable by the claimant from its insurers. The Commission may not 
consider or pay any claim by an insurer or subrogee of a claimant under 
section 1411 or 1412 of this Act.''.

SEC. 3510. PLACEMENT OF UNITED STATES CITIZENS IN POSITIONS WITH THE 
              UNITED STATES GOVERNMENT.

    Section 1232 (22 U.S.C. 3672) is amended--
            (1) by striking out subsection (d);
            (2) by redesignating subsection (c) as subsection (d); and
            (3) by inserting after subsection (b) the following new 
        subsection (c):
    ``(c)(1) Upon the request of an employee or former employee of the 
Panama Canal Commission described in paragraph (2), the employee shall 
be afforded eligibility for appointment on a noncompetitive basis to 
vacant positions in the competitive service of the civil service 
within--
            ``(A) an area determined by the Director of the Office of 
        Personnel Management as being within a reasonable commuting 
        distance of the employee's residence; or
            ``(B) in the case of an employee in the Republic of Panama 
        who chooses to so designate, any Standard Federal Region 
        designated by the employee.
    ``(2) Paragraph (1) applies to a person who--
            ``(A) is a citizen of the United States;
            ``(B) was an employee of the Panama Canal Commission on or 
        after July 1, 1998; and
            ``(C) is in receipt of a notice of separation by reason of 
        a reduction in force.
    ``(3) A person's eligibility for a noncompetitive appointment under 
paragraph (1) expires one year after the date of the separation of that 
person from employment by the Panama Canal Commission.
    ``(4) For the purposes of paragraph (2)(B), an employee of the 
dissolution office established to manage Panama Canal Commission 
Dissolution Fund established by section 1305 is an employee of the 
Panama Canal Commission.
    ``(5) In this subsection, the terms `civil service' and 
`competitive service' have the meanings given such terms in sections 
2101(1) and 2102, respectively, of title 5, United States Code.''.

SEC. 3511. PANAMA CANAL BOARD OF CONTRACT APPEALS.

    (a) Establishment and Pay of Board.--Section 3102(a) (22 U.S.C. 
3862(a)) is amended--
            (1) in paragraph (1), by striking out ``shall'' in the 
        first sentence and inserting in lieu thereof ``may''; and
            (2) by adding at the end the following new paragraph:
    ``(3) Compensation for members of the Board of Contract Appeals 
shall be established by the Commission's supervisory board. The annual 
compensation established for members may not exceed the rate of basic 
pay established for level IV of the Executive Schedule under section 
5315 of title 5, United States Code. The compensation of a member may 
not be reduced during the member's term of office from the level 
established at the time of the appointment of the member.''.
    (b) Deadline for Commencement of Board.--Section 3102(e) (22 U.S.C. 
3862(e)) is amended by striking out ``, but not later than January 1, 
1999''.

SEC. 3512. TECHNICAL AMENDMENTS.

    (a) Panama Canal Act of 1979.--The Panama Canal Act of 1979 is 
amended as follows:
            (1) Section 1202(c) (22 U.S.C. 3642(c)) is amended--
                    (A) by striking out ``the day before the date of 
                the enactment of the Panama Canal Transition 
                Facilitation Act of 1997'' and inserting in lieu 
                thereof ``November 17, 1997,'';
                    (B) by striking out ``on or after that date''; and
                    (C) by striking out ``the day before the date of 
                enactment'' and inserting in lieu thereof ``that 
                date''.
            (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by 
        inserting ``the'' after ``by the head of''.
            (3) Section 1313 (22 U.S.C. 3723) is amended by striking 
        out ``subsection (d)'' in each of subsections (a), (b), and (d) 
        and inserting in lieu thereof ``subsection (c)''.
            (4) Sections 1411(a) and 1412 (22 U.S.C. 3771(a), 3772) are 
        amended by striking out ``the date of the enactment of the 
        Panama Canal Transition Facilitation Act of 1997'' and 
        inserting in lieu thereof ``by November 18, 1998''.
            (5) Section 1416 (22 U.S.C. 3776) is amended by striking 
        out ``the date of the enactment of the Panama Canal Transition 
        Facilitation Act of 1997'' and inserting in lieu thereof ``by 
        May 17, 1998''.
    (b) Public Law 104-201.--Effective as of September 23, 1996, and as 
if included therein as enacted, section 3548(b)(3) of the Panama Canal 
Act Amendments of 1996 (subtitle B of title XXXV of Public Law 104-201; 
110 Stat. 2869) is amended by striking out ``section'' in both items of 
quoted matter and inserting in lieu thereof ``sections''.`