H. R. 1119—444
‘‘(f) TRANSITION.—The Board shall have jurisdiction under sub-
sections (b) and (c) over any appeals and protests filed on or after
the date on which the Board begins to function. Any appeals and
protests filed before such date shall remain before the forum in
which they were filed.
‘‘(g) OTHER FUNCTIONS.—The Board may perform functions
similar to those described in this section for such other matters
or activities of the Commission as the Commission may determine
and in accordance with regulations prescribed by the Commission.’’.
SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AUTHORITY.
Section 1342 (22 U.S.C. 3752) is amended—
(1) by designating the text of the section as subsection
(a); and
(2) by adding at the end the following new subsections:
‘‘(b) The Commission may provide office space, equipment, sup-
plies, personnel, and other in-kind services to the Panama Canal
Authority on a nonreimbursable basis.
‘‘(c) Any executive department or agency of the United States
may, on a reimbursable basis, provide to the Panama Canal Author-
ity materials, supplies, equipment, work, or services requested by
the Panama Canal Authority, at such rates as may be agreed
upon by that department or agency and the Panama Canal Author-
ity.’’.
SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR DAMAGES.
(a) FILING OF ADMINISTRATIVE CLAIMS WITH COMMISSION.—
Sections 1411(a) (22 U.S.C. 3771(a)) and 1412 (22 U.S.C. 3772)
are each amended in the last sentence by striking out ‘‘within
2 years after’’ and all that follows through ‘‘of 1985,’’ and inserting
in lieu thereof ‘‘within one year after the date of the injury or
the date of the enactment of the Panama Canal Transition Facilita-
tion Act of 1997,’’.
(b) FILING OF JUDICIAL ACTIONS.—The penultimate sentence
of section 1416 (22 U.S.C. 3776) is amended—
(1) by striking out ‘‘one year’’ the first place it appears
and inserting in lieu thereof ‘‘180 days’’; and
(2) by striking out ‘‘claim, or’’ and all that follows through
‘‘of 1985,’’ and inserting in lieu thereof ‘‘claim or the date
of the enactment of the Panama Canal Transition Facilitation
Act of 1997,’’.
SEC. 3544. TOLLS FOR SMALL VESSELS.
Section 1602(a) (22 U.S.C. 3792(a)) is amended—
(1) in the first sentence, by striking out ‘‘supply ships,
and yachts’’ and inserting in lieu thereof ‘‘and supply ships’’;
and
(2) by adding at the end the following new sentence: ‘‘Tolls
for small vessels (including yachts), as defined by the Commis-
sion, may be set at rates determined by the Commission without
regard to the preceding provisions of this subsection.’’.
SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LIABILITY.
Section 5(a) of the Panama Canal Commission Compensation
Fund Act of 1988 (22 U.S.C. 3715c(a)) is amended by striking
out ‘‘Upon the termination of the Panama Canal Commission’’ and
inserting in lieu thereof ‘‘By March 31, 1998’’.
H. R. 1119—445
SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC.
Section 1102a (22 U.S.C. 3612a) is amended—
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new sub-
section:
‘‘(g)(1) The Commission may appoint any United States citizen
to have the general powers of a notary public to perform, on behalf
of Commission employees and their dependents outside the United
States, any notarial act that a notary public is required or author-
ized to perform within the United States. Unless an earlier expira-
tion is provided by the terms of the appointment, any such appoint-
ment shall expire three months after the Canal Transfer Date.
‘‘(2) Every notarial act performed by a person acting as a
notary under paragraph (1) shall be as valid, and of like force
and effect within the United States, as if executed by or before
a duly authorized and competent notary public in the United States.
‘‘(3) The signature of any person acting as a notary under
paragraph (1), when it appears with the title of that person’s
office, is prima facie evidence that the signature is genuine, that
the person holds the designated title, and that the person is author-
ized to perform a notarial act.’’.
SEC. 3547. COMMERCIAL SERVICES.
Section 1102b (22 U.S.C. 3612b) is amended by adding at
the end the following new subsection:
‘‘(e) The Commission may conduct and promote commercial
activities related to the management, operation, or maintenance
of the Panama Canal. Any such commercial activity shall be carried
out consistent with the Panama Canal Treaty of 1977 and related
agreements.’’.
SEC. 3548. TRANSFER FROM PRESIDENT TO COMMISSION OF CERTAIN
REGULATORY FUNCTIONS RELATING TO EMPLOYMENT
CLASSIFICATION APPEALS.
Sections 1221(a) and 1222(a) (22 U.S.C. 3661(a), 3662(a)) are
amended by striking out ‘‘President’’ and inserting in lieu thereof
‘‘Commission’’.
SEC. 3549. ENHANCED PRINTING AUTHORITY.
Section 1306(a) (22 U.S.C. 3714b(a)) is amended by striking
out ‘‘Section 501’’ and inserting in lieu thereof ‘‘Sections 501 through
517 and 1101 through 1123’’.
SEC. 3550. TECHNICAL AND CONFORMING AMENDMENTS.
(a) CLERICAL AMENDMENTS.—The table of contents in section
1 is amended—
(1) by striking out the item relating to section 1210 and
inserting in lieu thereof the following:
‘‘Sec. 1210. Air transportation.’’;
(2) by striking out the items relating to sections 1215,
1219, and 1225;
(3) by inserting after the item relating to section 1232
the following new item:
‘‘Sec. 1233. Transition separation incentive payments.’’;
and
H. R. 1119—446
(4) by inserting after the item relating to the heading
of title III the following:
‘‘CHAPTER 1—PROCUREMENT
‘‘Sec. 3101. Procurement system.
‘‘Sec. 3102. Panama Canal Board of Contract Appeals.’’.
(b) AMENDMENT TO REFLECT PRIOR CHANGE IN COMPENSATION
OF ADMINISTRATOR.—Section 5315 of title 5, United States Code,
is amended by striking out the following:
‘‘Administrator of the Panama Canal Commission.’’.
(c) AMENDMENTS
TO
REFLECT
CHANGE
IN
TRAVEL
AND
TRANSPORTATION EXPENSES AUTHORITY.—(1) Section 5724(a)(3) of
title 5, United States Code, is amended by striking out ‘‘, the
Commonwealth of Puerto Rico,’’ and all that follows through ‘‘Pan-
ama Canal Act of 1979’’ and inserting in lieu thereof ‘‘or the
Commonwealth of Puerto Rico’’.
(2) Section 5724a(j) of such title is amended—
(A) by inserting ‘‘and’’ after ‘‘Northern Mariana Islands,’’;
and
(B) by striking out ‘‘United States, and’’ and all that follows
through the period at the end and inserting in lieu thereof
‘‘United States.’’.
(3) The amendments made by this subsection shall take effect
on January 1, 1999.
(d) MISCELLANEOUS TECHNICAL AMENDMENTS.—
(1) Section 3(b) (22 U.S.C. 3602(b)) is amended by striking
out ‘‘the Canal Zone Code’’ and all that follows through ‘‘other
laws’’ the second place it appears and inserting in lieu thereof
‘‘laws of the United States and regulations issued pursuant
to such laws’’.
(2)(A) The following provisions are each amended by strik-
ing out ‘‘the effective date of this Act’’ and inserting in lieu
thereof ‘‘October 1, 1979’’: sections 3(b), 3(c), 1112(b), and
1321(c)(1).
(B) Section 1321(c)(2) is amended by striking out ‘‘such
effective date’’ and inserting in lieu thereof ‘‘October 1, 1979’’.
(C) Section 1231(c)(3)(A) (22 U.S.C. 3671(c)(3)(A)) is
amended by striking out ‘‘the day before the effective date
of this Act’’ and inserting in lieu thereof ‘‘September 30, 1979’’.
(3) Section 1102a(h), as redesignated by section 3546(1),
is amended by striking out ‘‘section 1102B’’ and inserting in
lieu thereof ‘‘section 1102b’’.
(4) Section 1110(b)(2) (22 U.S.C. 3620(b)(2)) is amended
by striking out ‘‘section 16 of the Act of August 1, 1956 (22
U.S.C. 2680a),’’ and inserting in lieu thereof ‘‘section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927)’’.
(5) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended
by striking out ‘‘as last in effect before the effective date of
section 3530 of the Panama Canal Act Amendments of 1996’’
and inserting in lieu thereof ‘‘as in effect on September 22,
1996’’.
(6) Section 1243(c)(2) (22 U.S.C. 3681(c)(2)) is amended
by striking out ‘‘retroactivity’’ and inserting in lieu thereof
‘‘retroactively’’.
(7) Section 1341(f) (22 U.S.C. 3751(f)) is amended by strik-
ing out ‘‘sections 1302(c)’’ and inserting in lieu thereof ‘‘sections
1302(b)’’.
H. R. 1119—447
TITLE XXXVI—MARITIME
ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1998.
Sec. 3602. Repeal of obsolete annual report requirement concerning relative cost of
shipbuilding in the various coastal districts of the United States.
Sec. 3603. Provisions relating to maritime security fleet program.
Sec. 3604. Authority to utilize replacement vessels and capacity.
Sec. 3605. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3606. Determination of gross tonnage for purposes of tank vessel double hull
requirements.
SEC. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
1998.
Funds are hereby authorized to be appropriated for fiscal year
1998, to be available without fiscal year limitation if so provided
in appropriation Acts, for the use of the Department of Transpor-
tation for the Maritime Administration as follows:
(1) For expenses necessary for operations and training
activities, $70,000,000.
(2) For expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1271 et seq.), $39,000,000 of which—
(A) $35,000,000 is for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $4,000,000 is for administrative expenses related
to loan guarantee commitments under the program.
SEC. 3602. REPEAL OF OBSOLETE ANNUAL REPORT REQUIREMENT
CONCERNING RELATIVE COST OF SHIPBUILDING IN THE
VARIOUS COASTAL DISTRICTS OF THE UNITED STATES.
(a) REPEAL.—Section 213 of the Merchant Marine Act, 1936
(46 U.S.C. App. 1123), is amended by striking out paragraph (c).
(b) CONFORMING
AMENDMENTS.—Such section is further
amended—
(1) by striking out ‘‘on—’’ in the matter preceding para-
graph (a) and inserting in lieu thereof ‘‘on the following:’’;
(2) by redesignating paragraphs (a) and (b) as paragraphs
(1) and (2), respectively;
(3) by striking out the semicolon at the end of each of
those paragraphs and inserting in lieu thereof a period; and
(4) by realigning those paragraphs so as to be indented
2 ems from the left margin.
SEC. 3603. PROVISIONS RELATING TO MARITIME SECURITY FLEET
PROGRAM.
(a) AUTHORITY OF CONTRACTORS TO OPERATE SELF-PROPELLED
TANK VESSELS
IN NONCONTIGUOUS DOMESTIC TRADES.—Section
656(b) of the Merchant Marine Act, 1936 (46 U.S.C. App. 1187e(b))
is amended by inserting ‘‘(1)’’ after ‘‘(b)’’, and by adding at the
end the following new paragraph:
‘‘(2) Subsection (a) shall not apply to operation by a contractor
of a self-propelled tank vessel in a noncontiguous domestic trade,
or to ownership by a contractor of an interest in a self-propelled
tank vessel that operates in a noncontiguous domestic trade.’’.
(b) RELIEF FROM DELAY IN CERTAIN OPERATIONS FOLLOWING
DOCUMENTATION.—Section 652(c) of the Merchant Marine Act, 1936
H. R. 1119—448
(46 U.S.C. 1187a(c)) is amended by adding at the end the following:
‘‘The restrictions of section 901(b)(1) of this Act concerning the
building, rebuilding, or documentation of a vessel in a foreign
country shall not apply to a vessel for any day the operator of
that vessel is receiving payments under an operating agreement
under this subtitle.’’.
SEC. 3604. AUTHORITY TO UTILIZE REPLACEMENT VESSELS AND
CAPACITY.
Section 653(d)(1) of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1187b(d)(1)) is amended to read as follows:
‘‘(1) a contractor or other person that commits to make
available a vessel or vessel capacity under the Emergency
Preparedness Program or another primary sealift readiness
program approved by the Secretary of Defense may, during
the activation of that vessel or capacity under that program,
operate or employ in foreign commerce a foreign-flag vessel
or foreign-flag vessel capacity as a temporary replacement for
the activated vessel or capacity; and’’.
SEC. 3605. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE
FLEET VESSEL.
(a) AUTHORITY TO CONVEY.—The Secretary of Transportation
may convey all right, title, and interest of the Federal Government
in and to the vessel GOLDEN BEAR (United States official number
239932) to the Artship Foundation, located in Oakland, California
(in this section referred to as the ‘‘recipient’’), for use as a multicul-
tural center for the arts.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY OF VESSEL.—In carrying out subsection (a),
the Secretary shall deliver the vessel—
(A) at the place where the vessel is located on the
date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the Federal Government.
(2) REQUIRED CONDITIONS.—The Secretary may not convey
a vessel under this section unless—
(A) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous
material, including asbestos and polychlorinated biphenyls,
after conveyance of the vessel, except for claims arising
before the date of the conveyance or from use of the vessel
by the Government after that date; and
(B) the recipient has available, for use to restore the
vessel, in the form of cash, liquid assets, or a written
loan commitment, financial resources of at least $100,000.
(3) ADDITIONAL TERMS.—The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(c) OTHER UNNEEDED EQUIPMENT.—The Secretary may convey
to the recipient of the vessel conveyed under this section any
unneeded equipment from other vessels in the National Defense
Reserve Fleet, for use to restore the vessel conveyed under this
section to museum quality.