H. R. 3230—425
result in problems that a robust stockpile stewardship program
cannot solve.
(6) The United States is committed to funding the Nevada
Test Site at a level that maintains the ability of the United
States to resume underground nuclear testing within one year
after a national decision to do so is made.
(7) The United States reserves the right to invoke the
supreme national interest of the United States and withdraw
from any future arms control agreement to limit underground
nuclear testing.
(b) SENSE
OF
CONGRESS
REGARDING
PRESIDENTIAL
CON-
SULTATION WITH CONGRESS.—It is the sense of Congress that the
President should consult closely with Congress regarding United
States policy and practices to ensure confidence in the safety, reli-
ability, and performance of the nuclear stockpile of the United
States.
(c) SENSE OF CONGRESS REGARDING NOTIFICATION AND CON-
SULTATION.—It is the sense of Congress that, upon a determination
by the President that a problem with the safety, reliability, or
performance of the nuclear stockpile has occurred and that the
problem cannot be corrected within the stockpile stewardship pro-
gram, the President shall—
(1) immediately notify Congress of the problem; and
(2) submit to Congress in a timely manner a plan for
corrective action with respect to the problem, including—
(A) a technical description of the activities required
under the plan; and
(B) if underground testing of nuclear weapons would
assist in such corrective action, an assessment of the advis-
ability of withdrawing from any treaty that prohibits under-
ground testing of nuclear weapons.
SEC. 3164. STUDY ON WORKER PROTECTION AT THE MOUND FACILITY.
(a) REPORT.—Not later than March 15, 1997, the Secretary
of Energy shall submit to the congressional defense committees
a report regarding the status of projects and programs to improve
worker safety and health at the Mound Facility in Miamisburg,
Ohio.
(b) MATTERS COVERED.—The report shall include the following:
(1) The status of actions completed in fiscal year 1996.
(2) The status of actions completed or proposed to be
completed in fiscal years 1997 and 1998.
(3) A description of the fiscal year 1998 budget request
for worker safety and health at the Mound Facility.
(4) An accounting of expenditures for worker safety and
health at the Mound Facility by fiscal year from fiscal year
1994 through and including fiscal year 1996.
SEC. 3165. FISCAL YEAR 1998 FUNDING FOR GREENVILLE ROAD
IMPROVEMENT PROJECT, LIVERMORE, CALIFORNIA.
(a) FUNDING.—The Secretary of Energy shall include in the
budget for fiscal year 1998 submitted by the Secretary of Energy
to the Office of Management and Budget a request for sufficient
funds to pay the United States portion of the cost of transportation
improvements under the Greenville Road Improvement Project,
Livermore, California.
(b) COOPERATION WITH LIVERMORE, CALIFORNIA.—The Sec-
retary shall work with the city of Livermore, California, to deter-
H. R. 3230—426
mine the cost of the transportation improvements referred to in
subsection (a).
SEC. 3166. FELLOWSHIP PROGRAM FOR DEVELOPMENT OF SKILLS
CRITICAL 
TO 
DEPARTMENT 
OF 
ENERGY 
NUCLEAR
WEAPONS COMPLEX.
(a) FUNDING.—Subject to subsection (b), of the funds authorized
to be appropriated pursuant to section 3101(b), $5,000,000 may
be used for conducting the fellowship program for the development
of skills critical to the ongoing mission of the Department of Energy
nuclear weapons complex required by section 3140 of the National
Defense Authorization Act for Fiscal Year 1996 (Public Law 104–
106; 110 Stat. 621; 42 U.S.C. 2121 note).
(b) NOTICE AND WAIT.—The Secretary of Energy may not obli-
gate or expend funds under subsection (a) for the fellowship program
referred to in that subsection until—
(1) 
the 
Secretary 
submits 
to 
Congress 
a 
report
setting forth—
(A) the actions the Department has taken to implement
the fellowship program;
(B) the amount the Secretary proposes to obligate;
(C) the purposes for which such amount will be
obligated; and
(2) a period of 21 days elapses from the date of the receipt
of the report by Congress.
Subtitle E—Defense Nuclear
Environmental Cleanup and Management
SEC. 3171. PURPOSE.
The purpose of this subtitle is to provide for the expedited
environmental restoration and waste management of defense
nuclear facilities through the use of cost-effective management
mechanisms and innovative technologies.
SEC. 3172. APPLICABILITY.
(a) IN GENERAL.—The provisions of this subtitle shall apply
to the following defense nuclear facilities:
(1) Any defense nuclear facility for which the fiscal year
1996 environmental management budget was $350,000,000 or
more.
(2) Any other defense nuclear facility if—
(A) the chief executive officer of the State in which
the facility is located submits to the Secretary a request
that the facility be covered by the provisions of this sub-
title; and
(B) the Secretary approves the request.
(b) LIMITATION.—The Secretary may not approve a request
under subsection (a)(2) until 60 days after the date on which the
Secretary notifies Congress of the Secretary’s receipt of the request.
SEC. 3173. SITE MANAGER.
(a) APPOINTMENT.—(1) Subject to paragraph (2), the Secretary
shall expeditiously appoint a Site Manager for each defense nuclear
facility (in this subtitle referred to as the ‘‘Site Manager’’).
H. R. 3230—427
(2) In the case of a defense nuclear facility at which another
program, in addition to environmental management operations, is
carried out, and such other program is subject to management
by a site manager, field office manager, or operations office man-
ager, the Secretary shall appoint such manager to be the Site
Manager for such facility for purposes of this subtitle.
(b) AUTHORITY.—(1) In addition to other authorities provided
for in this Act, the Secretary may delegate to the Site Manager
of a defense nuclear facility authority to oversee and direct
environmental management operations at the facility, including
the authority to—
(A) enter into and modify contractual agreements to
enhance environmental restoration and waste management at
the facility;
(B) request that the Department headquarters submit to
Congress a reprogramming package shifting funds among
accounts in order to facilitate the most efficient and timely
environmental restoration and waste management of the facil-
ity, and, in the event that the Department headquarters does
not act upon the request within 60 days, submit such request
to the appropriate congressional committees for review;
(C) subject to paragraph (2), negotiate amendments to
environmental agreements for the Department;
(D) manage Department personnel at the facility;
(E) consider the costs, risk reduction benefits, and other
benefits for the purposes of ensuring protection of human health
and the environment or safety, with respect to any environ-
mental remediation activity the cost of which exceeds
$25,000,000; and
(F) have assessments prepared for environmental restora-
tion activities (in several documents or a single document,
as determined by the Site Manager).
(2) In using the authority described in paragraph (1)(C), a
Site Manager may not negotiate an amendment that is expected
to result in additional life cycle costs to the Department without
the approval of the Secretary.
(3) In using any authority described in paragraph (1), a Site
Manager of a facility shall consult with the State where the facility
is located and the advisory board for the facility.
(4) The delegation of any authority pursuant to this subsection
shall not be construed as restricting the Secretary’s authority to
delegate other authorities as necessary.
(c) INFORMATION
TO
SECRETARY.—The Site Manager of a
defense nuclear facility shall regularly inform the Secretary,
Congress, and the advisory board for the facility of the progress
made by the Site Manager to achieve the expedited environmental
restoration and waste management of the facility.
SEC. 3174. DEPARTMENT OF ENERGY ORDERS.
An order imposed after the date of the enactment of this Act
relating to the execution of environmental restoration, waste
management, or technology development activities at a defense
nuclear facility under the Atomic Energy Act of 1954 (42 U.S.C.
2011 et seq.) may be imposed by the Secretary at the defense
nuclear facility only if the Secretary finds that the order is necessary
for the protection of human health and the environment or safety,
H. R. 3230—428
the fulfillment of current legal requirements, or the conduct of
critical administrative functions.
SEC. 3175. DEPLOYMENT OF TECHNOLOGY FOR REMEDIATION OF
DEFENSE NUCLEAR WASTE.
(a) IN GENERAL.—The Site Manager of each defense nuclear
facility shall promote the deployment of innovative environmental
technologies for remediation of defense nuclear waste at the facility.
(b) CRITERIA.—To carry out subsection (a), the Site Manager
of a defense nuclear facility shall establish a program at the facility
for the testing and deployment of innovative environmental
technologies for the remediation of defense nuclear waste at the
facility. In establishing such a program, the Site Manager may—
(1) establish a simplified, standardized, and timely process
for the testing, verification, certification, and deployment of
environmental technologies;
(2) solicit applications to test and deploy environmental
technologies suitable for environmental restoration and waste
management activities at the facility, including prevention,
control, characterization, treatment, and remediation of
contamination;
(3) consult and cooperate with the heads of existing pro-
grams at the facility for the verification and certification of
environmental technologies at the facility;
(4) pay the costs of the demonstration of such technologies;
(5) enter into contracts and other agreements with other
public and private entities to deploy environmental technologies
at the facility; and
(6) include incentives, such as product performance speci-
fications, in contracts to encourage the implementation of
innovative environmental technologies.
(c) FOLLOW-ON CONTRACTS.—(1) If the Secretary and a person
demonstrating a technology under the program enter into a contract
for remediation of nuclear waste at a defense nuclear facility covered
by this subtitle, or at any other Department facility, as a follow-
on to the demonstration of the technology, the Secretary shall
ensure that the contract provides for the Secretary to recoup from
the contractor the costs incurred by the Secretary pursuant to
subsection (b)(6) for the demonstration.
(2) No contract between the Department and a contractor for
the demonstration of technology under subsection (b) may provide
for reimbursement of the costs of the contractor on a cost plus
fee basis.
(d) SAFE HARBORS.—In the case of an environmental technology
tested, verified, certified, and deployed at a defense nuclear facility
under a program established under subsection (b), the Site Manager
of another defense nuclear facility may request the Secretary to
waive or limit contractual or Department regulatory requirements
that would otherwise apply in implementing the same environ-
mental technology at such other facility.
SEC. 3176. PERFORMANCE-BASED CONTRACTING.
(a) PROGRAM.—The Secretary shall develop and implement a
program for performance-based contracting for contracts entered
into for environmental remediation at defense nuclear facilities.
The program shall ensure that, to the maximum extent practicable
and appropriate, such contracts include the following:
H. R. 3230—429
(1) Clearly stated and results oriented performance criteria
and measures.
(2) Appropriate incentives for contractors to meet or exceed
the performance criteria effectively and efficiently.
(3) Appropriate criteria and incentives for contractors to
seek and engage subcontractors who may more effectively and
efficiently perform either unique and technologically challeng-
ing tasks or routine and interchangeable services.
(4) Specific incentives for cost savings.
(5) Financial accountability.
(6) When appropriate, reduction of fee for failure to meet
minimum performance criteria and standards.
(b) CRITERIA
AND
MEASURES.—Performance criteria and
measures should take into consideration, at a minimum, the follow-
ing: managerial control; elimination or reduction of risk to public
health and the environment; workplace safety; financial control;
goal-oriented work scope; use of innovative and alternative tech-
nologies and techniques that result in cleanups being performed
less expensively, more quickly, and within quality parameters; and
performing within benchmark cost estimates.
(c) CONSULTATION.—In implementing this section, the Secretary
shall consult with interested parties.
(d) DEADLINE.—The Secretary shall implement this section not
later than October 1, 1997, unless the Secretary submits to Congress
before that date a report with a schedule for completion of action
under this section.
SEC. 3177. DESIGNATION OF COVERED FACILITIES AS ENVIRON-
MENTAL CLEANUP DEMONSTRATION AREAS.
(a) DESIGNATION.—Each defense nuclear facility is hereby des-
ignated as an environmental cleanup demonstration area to carry
out the purposes of this subtitle, including the utilization and
evaluation of new technologies to be used in environmental restora-
tion and remediation at other defense nuclear facilities.
(b) SENSE
OF CONGRESS.—It is the sense of Congress that
Federal and State regulatory agencies, members of the communities
surrounding any defense nuclear facility, and other affected parties
with respect to the facility should continue to—
(1) develop expedited and streamlined processes and sys-
tems for cleaning up such facility;
(2) eliminate unnecessary administrative complexity and
unnecessary duplication of regulation with respect to the
cleanup of such facility;
(3) proceed expeditiously and cost-effectively with environ-
mental restoration and remediation activities at such facility;
(4) consider future land use in selecting environmental
cleanup remedies at such facility; and
(5) identify and recommend to Congress changes in law
needed to expedite the cleanup of such facility.
SEC. 3178. DEFINITIONS.
In this subtitle:
(1) The term ‘‘Secretary’’ means the Secretary of Energy.
(2) The term ‘‘Department’’ means the Department of
Energy.
(3) The term ‘‘defense nuclear facility’’ has the meaning
given the term ‘‘Department of Energy defense nuclear facility’’
H. R. 3230—430
in section 318 of the Atomic Energy Act of 1954 (42 U.S.C.
2286g).
SEC. 3179. TERMINATION.
This subtitle is repealed effective September 30, 2001.
SEC. 3180. REPORT.
Not later than September 30, 2000, the Secretary shall submit
to Congress a report on the effectiveness of this subtitle in expedit-
ing environmental restoration and waste management of defense
nuclear facilities. The report shall include recommendations on
whether this subtitle should remain in effect beyond September
30, 2001.
Subtitle F—Waste Isolation Pilot Plant
Land Withdrawal Act Amendments
SEC. 3181. SHORT TITLE.
This subtitle may be cited as the ‘‘Waste Isolation Pilot Plant
Land Withdrawal Amendment Act’’.
SEC. 3182. DEFINITIONS.
Section 2 of the Waste Isolation Pilot Plant Land Withdrawal
Act (Public Law 102–579; 106 Stat. 4777) is amended—
(1) by striking paragraphs (18) and (19); and
(2) by redesignating paragraphs (20), (21), and (22), as
paragraphs (18), (19), and (20), respectively.
SEC. 3183. MANAGEMENT PLAN.
Section 4(b)(5)(B) of the Waste Isolation Pilot Plant Land With-
drawal Act (106 Stat. 4781) is amended by striking ‘‘or with the
Solid Waste Disposal Act (42 U.S.C. 6901 et seq.)’’.
SEC. 3184. REPEAL OF TEST PHASE AND RETRIEVAL PLANS.
(a) REPEAL.—Section 5 of the Waste Isolation Pilot Plant Land
Withdrawal Act (106 Stat. 4782) is repealed.
(b) CLERICAL AMENDMENT.—The table of contents in section
1(b) of such Act (106 Stat. 4777) is amended by striking out the
item relating to section 5.
SEC. 3185. TEST PHASE ACTIVITIES.
Section 6 of the Waste Isolation Pilot Plant Land Withdrawal
Act (106 Stat. 4783) is amended—
(1) by repealing subsections (a) and (b);
(2) by repealing paragraph (1) of subsection (c);
(3) by redesignating subsection (c) as subsection (a) and
in that subsection—
(A) by repealing subparagraph (A) of paragraph (2);
(B) by striking the subsection heading and the matter
immediately following the subsection heading and inserting
‘‘STUDY.—The following study shall be conducted:’’;
(C) by striking ‘‘(2) REMOTE-HANDLED WASTE.—’’;
(D) by striking ‘‘(B) STUDY.—’’;
(E) by redesignating clauses (i), (ii), and (iii) as para-
graphs (1), (2), and (3), respectively; and
(F) by realigning the margins of such clauses to be
margins of paragraphs;
H. R. 3230—431
(4) in subsection (d), by striking ‘‘, during the test phase,
a biennial’’ and inserting ‘‘a’’ and by striking ‘‘, consisting
of a documented analysis of’’ and inserting ‘‘as necessary to
demonstrate’’; and
(5) by redesignating subsection (d) as subsection (b).
SEC. 3186. DISPOSAL OPERATIONS.
Subsection (b) of section 7 of the Waste Isolation Pilot Plant
Land Withdrawal Act (106 Stat. 4785) is amended to read as
follows:
‘‘(b) 
REQUIREMENTS
FOR
COMMENCEMENT
OF
DISPOSAL
OPERATIONS.—The Secretary may commence emplacement of trans-
uranic waste underground for disposal at WIPP only upon com-
pletion of—
‘‘(1) the Administrator’s certification under section 8(d)(1)
that the WIPP facility will comply with the final disposal
regulations;
‘‘(2) the acquisition by the Secretary (whether by purchase,
condemnation, or otherwise) of Federal Oil and Gas Leases
No. NMNM 02953 and No. NMNM 02953C, unless the Adminis-
trator determines under section 4(b)(5) that such acquisition
is not required; and
‘‘(3) the 30-day period beginning on the date on which
the Secretary notifies Congress that the requirements of section
9(a)(1) have been met.’’.
SEC. 3187. ENVIRONMENTAL 
PROTECTION 
AGENCY 
DISPOSAL
REGULATIONS.
(a) SECTION 8(d)(1).—Section 8(d)(1) of the Waste Isolation Pilot
Plant Land Withdrawal Act (106 Stat. 4786) is amended—
(1) by amending subparagraph (A) to read as follows:
‘‘(A) APPLICATION FOR COMPLIANCE.—Within 30 days
after the date of the enactment of the Waste Isolation
Pilot Plant Land Withdrawal Amendment Act, the Sec-
retary shall provide to Congress a schedule for the
incremental submission of chapters of the application to
the Administrator beginning no later than 30 days after
the date of the submittal of the schedule. The Adminis-
trator shall review the submitted chapters and provide
requests for additional information from the Secretary as
needed for completeness within 45 days of the receipt of
each chapter. The Administrator shall notify Congress of
such requests. The schedule shall call for the Secretary
to submit all chapters to the Administrator no later than
October 31, 1996. The Administrator may at any time
request additional information from the Secretary as
needed to certify, pursuant to subparagraph (B), whether
the WIPP facility will comply with the final disposal regula-
tions.’’; and
(2) in subparagraph (D), by striking ‘‘after the application
is’’ and inserting ‘‘after the full application has been’’.
(b) SECTION 8(d) (2) and (3).—Section 8(d) of such Act is
amended by striking paragraphs (2) and (3), by striking ‘‘(1) COMPLI-
ANCE WITH DISPOSAL REGULATIONS.—’’ and by redesignating sub-
paragraphs (A), (B), (C), and (D) of paragraph (1) as paragraphs
(1), (2), (3), and (4), respectively.
(c) SECTION 8(g).—Section 8(g) of such Act is amended to read
as follows:
H. R. 3230—432
‘‘(g) ENGINEERED AND NATURAL BARRIERS, ETC.—The Secretary
shall use both engineered and natural barriers and any other meas-
ures (including waste form modifications) to the extent necessary
at WIPP to comply with the final disposal regulations.’’.
SEC. 3188. COMPLIANCE 
WITH 
ENVIRONMENTAL 
LAWS 
AND
REGULATIONS.
(a) SECTION 9(a)(1).—Section 9(a)(1) of the Waste Isolation Pilot
Plant Land Withdrawal Act (106 Stat. 4788) is amended by adding
after and below subparagraph (H) the following: ‘‘With respect
to transuranic mixed waste designated by the Secretary for disposal
at WIPP, such waste is exempt from treatment standards promul-
gated pursuant to section 3004(m) of the Solid Waste Disposal
Act (42 U.S.C. 6924(m)) and shall not be subject to the land disposal
prohibitions in section 3004(d), (e), (f), and (g) of the Solid Waste
Disposal Act.’’.
(b) SECTION 9(b).—Subsection (b) of section 9 of such Act is
repealed.
(c) SECTION 9(c)(2).—Subsection (c)(2) of section 9 of such Act
is repealed.
(d) SECTION 14.—Section 14 of such Act (106 Stat. 4791) is
amended—
(1) in subsection (a), by striking ‘‘No provision’’ and insert-
ing ‘‘Except for the exemption from the land disposal restric-
tions described in section 9(a)(1), no provision’’; and
(2) in subsection (b)(2), by striking ‘‘including all terms
and conditions of the No-Migration Determination’’ and insert-
ing ‘‘except that the transuranic mixed waste designated by
the Secretary for disposal at WIPP is exempt from the land
disposal restrictions described in section 9(a)(1)’’.
SEC. 3189. SENSE OF CONGRESS ON COMMENCEMENT OF EMPLACE-
MENT OF TRANSURANIC WASTE.
(a) IN GENERAL.—Section 10 of the Waste Isolation Pilot Plant
Land Withdrawal Act (106 Stat. 4789) is amended to read as
follows:
‘‘SEC. 10. SENSE OF CONGRESS ON COMMENCEMENT OF EMPLACE-
MENT OF TRANSURANIC WASTE.
‘‘It is the sense of Congress that the Secretary should complete
all actions required under section 7(b) to commence emplacement
of transuranic waste underground for disposal at WIPP not later
than November 30, 1997, provided that before that date all
applicable health and safety standards have been met and all
applicable laws have been complied with.’’.
(b) CLERICAL AMENDMENT.—The item relating to section 10
in the table of contents in section 1 is amended to read as follows:
‘‘Sec. 10. Sense of Congress on commencement of emplacement of transuranic
waste.’’.
SEC. 3190. DECOMMISSIONING OF WIPP.
Section 13 of the Waste Isolation Pilot Plant Land Withdrawal
Act (106 Stat. 4791) is amended—
(1) by striking subsection (a); and
(2) by striking ‘‘(b) MANAGEMENT PLAN FOR THE WITH-
DRAWAL AFTER DECOMMISSIONING.—Within 5 years after the
date of the enactment of this Act, the’’ and inserting ‘‘The’’.
H. R. 3230—433
SEC. 3191. AUTHORIZATIONS 
FOR 
ECONOMIC 
ASSISTANCE 
AND
MISCELLANEOUS PAYMENTS.
(a) AUTHORIZATION AMENDMENT.—Section 15(a) of the Waste
Isolation Pilot Plant Land Withdrawal Act (106 Stat. 4791) is
amended—
(1) in the subsection caption, by striking ‘‘15-YEAR’’ and
inserting ‘‘14-YEAR’’; and
(2) by striking ‘‘15 fiscal years beginning with the fiscal
year in which the transport of transuranic waste to WIPP
is initiated’’ and inserting ‘‘14 fiscal years beginning with fiscal
year 1998’’.
(b) REQUIREMENT FOR SEPARATE AUTHORIZATIONS.—Such sec-
tion 15(a) is further amended by adding at the end the following:
‘‘The authorization of appropriations for funds for payments to
the State under the preceding sentence shall be separate from
any authorization of appropriations of funds for WIPP.’’.
(c) FISCAL YEAR 1997 FUNDING.—Of the amount authorized
to be appropriated for the Department of Energy by section 3102(b),
$20,000,000 shall be available for the purpose of a payment by
the Secretary of Energy to the State of New Mexico for road
improvements in connection with the Waste Isolation Pilot Plant.
TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1997,
$17,000,000 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
Subtitle A—Authorization of Disposals and Use of Funds
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of certain materials in National Defense Stockpile.
Subtitle B—Programmatic Change
Sec. 3311. Biennial report on stockpile requirements.
Sec. 3312. Notification requirements.
Sec. 3313. Importation of strategic and critical materials.
Subtitle A—Authorization of Disposals and
Use of Funds
SEC. 3301. DEFINITIONS.
In this title:
(1) The term ‘‘National Defense Stockpile’’ means the stock-
pile provided for in section 4 of the Strategic and Critical
Materials Stock Piling Act (50 U.S.C. 98c).
H. R. 3230—434
(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 1997,
the National Defense Stockpile Manager may obligate up to
$60,000,000 of the funds in the National Defense Stockpile Trans-
action 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)).
(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. DISPOSAL OF CERTAIN MATERIALS IN NATIONAL DEFENSE
STOCKPILE.
(a) DISPOSAL REQUIRED.—Subject to subsection (c), the Presi-
dent 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 amounts equal to—
(1) $81,000,000 during fiscal year 1997; and
(2) $612,000,000 during the ten-fiscal year period ending
September 30, 2006.
(b) LIMITATION ON DISPOSAL QUANTITY.—The total quantities
of materials authorized for disposal by the President under sub-
section (a) may not exceed the amounts set forth in the following
table:
Authorized Stockpile Disposals
Material for disposal
Quantity
Aluminum .................................................................
62,881 short tons
Cobalt ........................................................................
26,000,000 pounds
contained
Columbium Ferro .....................................................
930,911 pounds con-
tained
Germanium Metal ....................................................
40,000 kilograms
Indium ......................................................................
35,000 troy ounces
Palladium .................................................................
15,000 troy ounces
Platinum ...................................................................
10,000 troy ounces
Rubber, Natural .......................................................
125,138 long tons
Tantalum, Carbide Powder .....................................
6,000 pounds con-
tained
Tantalum, Minerals .................................................
750,000 pounds con-
tained
H. R. 3230—435
Authorized Stockpile Disposals—Continued
Material for disposal
Quantity
Tantalum, Oxide ......................................................
40,000 pounds con-
tained
(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 dis-
posal; or
(2) avoidable loss to the United States.
(d) TREATMENT
OF RECEIPTS.—Notwithstanding section 9 of
the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h), funds received as a result of the disposal of materials under
subsection (a) shall be—
(1) deposited into the general fund of the Treasury; and
(2) to the extent necessary, used to offset the revenues
that will be lost as a result of execution of the amendments
made by section 4303(a) of the National Defense Authorization
Act for Fiscal Year 1996 (Public Law 104–106; 110 Stat. 658).
(e) QUALIFYING
OFFSETTING
LEGISLATION.—This section is
specifically enacted as qualifying offsetting legislation for the pur-
pose of offsetting fully the estimated revenues lost as a result
of the amendments made by subsection (a) of section 4303 of the
National Defense Authorization Act for Fiscal Year 1996 (Public
Law 104–106; 110 Stat. 658), and as such is deemed to satisfy
the conditions in subsection (b) of such section.
(f) RELATIONSHIP TO OTHER DISPOSAL AUTHORITY.—The dis-
posal 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.
Subtitle B—Programmatic Change
SEC. 3311. BIENNIAL REPORT ON STOCKPILE REQUIREMENTS.
(a) NATIONAL EMERGENCY PLANNING ASSUMPTIONS.—Section 14
of the Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h–5) is amended—
(1) by redesignating subsection (c) as subsection (e); and
(2) by striking out subsection (b) and inserting in lieu
thereof the following new subsection:
‘‘(b) Each report under this section shall set forth the national
emergency planning assumptions used by the Secretary in making
the Secretary’s recommendations under subsection (a)(1) with
respect to stockpile requirements. The Secretary shall base the
national emergency planning assumptions on a military conflict
scenario consistent with the scenario used by the Secretary in
budgeting and defense planning purposes. The assumptions to be
set forth include assumptions relating to each of the following:
‘‘(1) The length and intensity of the assumed military
conflict.
‘‘(2) The military force structure to be mobilized.
‘‘(3) The losses anticipated from enemy action.
H. R. 3230—436
‘‘(4) The military, industrial, and essential civilian require-
ments to support the national emergency.
‘‘(5) The availability of supplies of strategic and critical
materials from foreign sources during the mobilization period,
the military conflict, and the subsequent period of replenish-
ment, taking into consideration possible shipping losses.
‘‘(6) The domestic production of strategic and critical mate-
rials during the mobilization period, the military conflict, and
the subsequent period of replenishment, taking into consider-
ation possible shipping losses.
‘‘(7) Civilian austerity measures required during the
mobilization period and military conflict.
‘‘(c) The stockpile requirements shall be based on those strategic
and critical materials necessary for the United States to replenish
or replace, within three years of the end of the military conflict
scenario required under subsection (b), all munitions, combat sup-
port items, and weapons systems that would be required after
such a military conflict.
‘‘(d) The Secretary shall also include in each report under
this section an examination of the effect that alternative mobiliza-
tion periods under the military conflict scenario required under
subsection (b), as well as a range of other military conflict scenarios
addressing potentially more serious threats to national security,
would have on the Secretary’s recommendations under subsection
(a)(1) with respect to stockpile requirements.’’.
(b) CONFORMING AMENDMENT.—Section 2 of such Act (50 U.S.C.
98a) is amended by striking out subsection (c) and inserting in
lieu thereof the following new subsection:
‘‘(c) The purpose of the National Defense Stockpile is to serve
the interest of national defense only. The National Defense Stockpile
is not to be used for economic or budgetary purposes.’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on October 1, 1996.
SEC. 3312. NOTIFICATION REQUIREMENTS.
(a) PROPOSED CHANGES
IN STOCKPILE QUANTITIES.—Section
3(c)(2) of the Strategic and Critical Materials Stock Piling Act
(50 U.S.C. 98b(c)(2)) is amended—
(1) by striking out ‘‘effective on or after the 30th legislative
day following’’ and inserting in lieu thereof ‘‘after the end
of the 45-day period beginning on’’; and
(2) by striking out the last sentence.
(b) WAIVER OF ACQUISITION AND DISPOSAL REQUIREMENTS.—
Section 6(d)(1) of such Act (50 U.S.C. 98e(d)(1)) is amended by
striking out ‘‘thirty days’’ and inserting in lieu thereof ‘‘45 days’’.
(c) TIME TO BEGIN DISPOSAL.—Section 6(d)(2) of such Act (50
U.S.C. 98e(d)(2)) is amended by striking out ‘‘thirty days’’ and
inserting in lieu thereof ‘‘45 days’’.
SEC. 3313. IMPORTATION OF STRATEGIC AND CRITICAL MATERIALS.
Section 13 of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98h–4) is amended—
(1) by striking out ‘‘as a Communist-dominated country
or area’’; and
(2) by striking out ‘‘such Communist-dominated countries
or areas’’ and inserting in lieu thereof ‘‘a country or area
listed in such general note’’.
H. R. 3230—437
TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal year 1997.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Secretary
of Energy $149,500,000 for fiscal year 1997 for the purpose of
carrying out 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). Funds appropriated pursuant to such
authorization shall remain available until expended.
SEC. 3402. PRICE REQUIREMENT ON SALE OF CERTAIN PETROLEUM
DURING FISCAL YEAR 1997.
Notwithstanding section 7430(b)(2) of title 10, United States
Code, during fiscal year 1997, any sale of any part of the United
States share of petroleum produced from Naval Petroleum Reserves
Numbered 1, 2, and 3 shall be made at a price not less than
90 percent of the current sales price, as estimated by the Secretary
of Energy, of comparable petroleum in the same area.
TITLE XXXV—PANAMA CANAL
COMMISSION
Subtitle A—Authorization of Appropriations
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B—Amendments to Panama Canal Act of 1979
Sec. 3521. Short title; references.
Sec. 3522. Definitions and recommendation for legislation.
Sec. 3523. Administrator.
Sec. 3524. Deputy Administrator and Chief Engineer.
Sec. 3525. Office of Ombudsman.
Sec. 3526. Appointment and compensation; duties.
Sec. 3527. Applicability of certain benefits.
Sec. 3528. Travel and transportation.
Sec. 3529. Clarification of definition of agency.
Sec. 3530. Panama Canal Employment System; merit and other employment
requirements.
Sec. 3531. Employment standards.
Sec. 3532. Repeal of obsolete provision regarding interim application of Canal Zone
Merit System.
Sec. 3533. Repeal of provision relating to recruitment and retention remuneration.
Sec. 3534. Benefits based on basic pay.
Sec. 3535. Vesting of general administrative authority of commission.
Sec. 3536. Applicability of certain laws.
Sec. 3537. Repeal of provision relating to transferred or reemployed employees.
Sec. 3538. Administration of special disability benefits.
Sec. 3539. Panama Canal Revolving Fund.
Sec. 3540. Printing.
Sec. 3541. Accounting policies.
Sec. 3542. Interagency services; reimbursements.
Sec. 3543. Postal service.
Sec. 3544. Investigation of accidents or injury giving rise to claim.
Sec. 3545. Operations regulations.
Sec. 3546. Miscellaneous repeals.
Sec. 3547. Exemption from Metric Conversion Act of 1975.
H. R. 3230—438
Sec. 3548. Conforming and clerical amendments.
Sec. 3549. Repeal of Panama Canal Code.
Subtitle A—Authorization of
Appropriations
SEC. 3501. SHORT TITLE.
This subtitle may be cited as the ‘‘Panama Canal Commission
Authorization Act for Fiscal Year 1997’’.
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 adminis-
tration of the Panama Canal for fiscal year 1997.
(b) LIMITATIONS.—For fiscal year 1997, the Panama Canal
Commission may expend from funds in the Panama Canal Revolving
Fund not more than $73,000 for reception and representation
expenses, of which—
(1) not more than $18,000 may be used for official reception
and representation expenses of the Supervisory Board of the
Commission;
(2) not more than $10,000 may be used for official reception
and representation expenses of the Secretary of the Commis-
sion; and
(3) not more than $45,000 may be used for official reception
and representation expenses of the Administrator of the
Commission.
SEC. 3503. PURCHASE OF VEHICLES.
Notwithstanding any other provisions of law, the funds avail-
able to the Commission shall be available for the purchase and
transportation to the Republic of Panama of passenger motor
vehicles, including large, heavy-duty vehicles.
SEC. 3504. EXPENDITURES ONLY IN ACCORDANCE WITH TREATIES.
Expenditures authorized under this subtitle may be made only
in accordance with the Panama Canal Treaties of 1977 and any
law of the United States implementing those treaties.
H. R. 3230—439
Subtitle B—Amendments to Panama Canal
Act of 1979
SEC. 3521. SHORT TITLE; REFERENCES.
(a) SHORT TITLE.—This subtitle may be cited as the ‘‘Panama
Canal Act Amendments of 1996’’.
(b) REFERENCES.—Except as otherwise expressly provided,
whenever in this subtitle 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. 3522. DEFINITIONS AND RECOMMENDATION FOR LEGISLATION.
Section 3 (22 U.S.C. 3602) is amended—
(1) in subsection (b), by inserting ‘‘and’’ after the semicolon
at the end of paragraph (4), by striking the semicolon at the
end of paragraph (5) and inserting a period, and striking para-
graphs (6) and (7); and
(2) by striking subsection (d).
SEC. 3523. ADMINISTRATOR.
(a) IN GENERAL.—Section 1103 (22 U.S.C. 3613) is amended
to read as follows:
‘‘ADMINISTRATOR
‘‘SEC. 1103. (a) There shall be an Administrator of the Commis-
sion who shall be appointed by the President, by and with the
advice and consent of the Senate, and shall hold office at the
pleasure of the President.
‘‘(b) The Administrator shall be paid compensation in an
amount, established by the Board, not to exceed level III of the
Executive Schedule.’’.
(b) SAVINGS PROVISIONS.—Nothing in this section (or section
3549(3)) shall be considered to affect—
(1) the tenure of the individual serving as Administrator
of the Commission on the day before subsection (a) takes
effect; or
(2) until modified under section 1103(b) of the Panama
Canal Act of 1979, as amended by subsection (a), the compensa-
tion of the individual so serving.
SEC. 3524. DEPUTY ADMINISTRATOR AND CHIEF ENGINEER.
(a) IN GENERAL.—Section 1104 (22 U.S.C. 3614) is amended
to read as follows:
‘‘DEPUTY ADMINISTRATOR
‘‘SEC. 1104. (a) There shall be a Deputy Administrator of the
Commission who shall be appointed by the President. The Deputy
Administrator shall perform such duties as may be prescribed by
the Board.
‘‘(b) The Deputy Administrator shall be paid compensation at
a rate of pay, established by the Board, which does not exceed
the rate of basic pay in effect for level IV of the Executive Schedule,
H. R. 3230—440
and, if eligible, shall be paid the overseas recruitment and retention
differential provided for in section 1217 of this Act.’’.
(b) SAVINGS PROVISIONS.—Nothing in this section shall be
considered to affect—
(1) the tenure of the individual serving as Deputy Adminis-
trator of the Commission on the day before subsection (a)
takes effect; or
(2) until modified under section 1104(b) of the Panama
Canal Act of 1979, as amended by subsection (a), the compensa-
tion of the individual so serving.
SEC. 3525. OFFICE OF OMBUDSMAN.
Section 1113 (22 U.S.C. 3623) is amended by striking subsection
(d) and redesignating subsection (e) as subsection (d).
SEC. 3526. APPOINTMENT AND COMPENSATION; DUTIES.
Section 1202 (22 U.S.C. 3642) is amended to read as follows:
‘‘APPOINTMENT AND COMPENSATION; DUTIES
‘‘SEC. 1202. (a) In accordance with this chapter, the Commission
may appoint, fix the compensation of, and define the authority
and duties of officers and employees (other than the Administrator
and Deputy Administrator) necessary for the management, oper-
ation, and maintenance of the Panama Canal and its complemen-
tary works, installations, and equipment.
‘‘(b) Individuals serving in any Executive agency (other than
the Commission) or the Smithsonian Institution, including individ-
uals in the uniformed services, may, if appointed under this section
or section 1104 of this Act, serve as officers or employees of the
Commission.’’.
SEC. 3527. APPLICABILITY OF CERTAIN BENEFITS.
Section 1209 (22 U.S.C. 3649) is amended to read as follows:
‘‘APPLICABILITY OF CERTAIN BENEFITS
‘‘SEC. 1209. Chapter 81 of title 5, United States Code, relating
to compensation for work injuries, chapters 83 and 84 of such
title 5, relating to retirement, chapter 87 of such title 5, relating
to life insurance, and chapter 89 of such title 5, relating to health
insurance, are applicable to Commission employees, except any
individual—
‘‘(1) who is not a citizen of the United States;
‘‘(2) whose initial appointment by the Commission occurs
after October 1, 1979; and
‘‘(3) who is covered by the Social Security System of the
Republic of Panama pursuant to any provision of the Panama
Canal Treaty of 1977 and related agreements.’’.
SEC. 3528. TRAVEL AND TRANSPORTATION.
Section 1210 (22 U.S.C. 3650) is amended to read as follows:
‘‘TRAVEL AND TRANSPORTATION
‘‘SEC. 1210. (a) Subject to subsections (b) and (c), the Commis-
sion may pay travel and transportation expenses for employees
in accordance with subchapter II of chapter 57 of title 5, United
States Code.
H. R. 3230—441
‘‘(b) For an employee to whom section 1206 applies, the Commis-
sion may pay travel and transportation expenses associated with
vacation leave for the employee and the immediate family of the
employee notwithstanding requirements regarding periods of service
established by subchapter II of chapter 57 of title 5, United States
Code, or the regulations promulgated thereunder.
‘‘(c) For an employee to whom section 1206 does not apply,
the Commission may pay travel and transportation expenses associ-
ated with vacation leave for the employee and the immediate family
of the employee notwithstanding requirements regarding a written
agreement concerning the duration of a continuing service obligation
established by subchapter II of chapter 57 of title 5, United States
Code, or the regulations promulgated thereunder.
‘‘(d)(1) Notwithstanding any other provision of law (except para-
graph (2)), the Commission may contract with Panamanian carriers
registered under the laws of the Republic of Panama to provide
air transportation to officials and employees of the Commission
who are citizens of the Republic of Panama.
‘‘(2) Notwithstanding paragraph (1), an official or employee
of the Commission referred to in paragraph (1) may elect, for
security or other reasons, to travel by an air carrier holding a
certificate under section 41102 of title 49, United States Code.’’.
SEC. 3529. CLARIFICATION OF DEFINITION OF AGENCY.
Subparagraph (B) of section 1211(1) (22 U.S.C. 3651(1)(B)) is
amended to read as follows:
‘‘(B) any other Executive agency or the Smithsonian
Institution, to the extent of any election in effect under
section 1212(b) of this Act;’’.
SEC. 3530. PANAMA CANAL EMPLOYMENT SYSTEM; MERIT AND OTHER
EMPLOYMENT REQUIREMENTS.
(a) IN GENERAL.—Section 1212 (22 U.S.C. 3652) is amended
to read as follows:
‘‘PANAMA CANAL EMPLOYMENT SYSTEM; MERIT AND OTHER
EMPLOYMENT REQUIREMENTS
‘‘SEC. 1212. (a) The Commission shall establish a Panama Canal
Employment System and prescribe the regulations necessary for
its administration. The Panama Canal Employment System shall—
‘‘(1) be established in accordance with and be subject to
the provisions of the Panama Canal Treaty of 1977 and related
agreements, the provisions of this chapter, and any other
applicable provision of law;
‘‘(2) be based on the consideration of the merit of each
employee or candidate for employment and the qualifications
and fitness of the employee to hold the position concerned;
‘‘(3) conform, to the extent practicable and consistent with
the provisions of this Act, to the policies, principles, and stand-
ards applicable to the competitive service;
‘‘(4) in the case of employees who are citizens of the United
States, provide for the appropriate interchange of those employ-
ees between positions under the Panama Canal Employment
System and positions in the competitive service; and
‘‘(5) not be subject to the provisions of title 5, United
States Code, unless specifically made applicable by this Act.
H. R. 3230—442
‘‘(b)(1) The head of any Executive agency (other than the
Commission) and the Smithsonian Institution may elect to have
the Panama Canal Employment System made applicable in whole
or in part to personnel of that agency in the Republic of Panama.
‘‘(2) Any Executive agency (other than the Commission) and
the Smithsonian Institution, to the extent of any election under
paragraph (1), shall conduct its employment and pay practices
relating to employees in accordance with the Panama Canal
Employment System.
‘‘(3) Notwithstanding any other provision of this Act or the
Panama Canal Act Amendments of 1996, this subchapter, as last
in effect before the effective date of section 3530 of the Panama
Canal Act Amendments of 1996, shall continue to apply to an
Executive agency or the Smithsonian Institution to the extent of
an election under paragraph (1) by the head of agency or the
Institution, respectively.
‘‘(c) The Commission may exclude any employee or position
from coverage under any provision of this subchapter, other than
the interchange rights extended under subsection (a)(4).’’.
(b) SAVINGS PROVISIONS.—The Panama Canal Employment Sys-
tem and all elections, rules, regulations, and orders relating thereto,
as last in effect before the amendment made by subsection (a)
takes effect, shall continue in effect, according to their terms, until
modified, terminated, or superseded under section 1212 of the
Panama Canal Act of 1979, as amended by subsection (a).
SEC. 3531. EMPLOYMENT STANDARDS.
Section 1213 (22 U.S.C. 3653) is amended in the first sentence
by striking ‘‘The head of each agency’’ and inserting ‘‘The
Commission’’.
SEC. 3532. REPEAL OF OBSOLETE PROVISION REGARDING INTERIM
APPLICATION OF CANAL ZONE MERIT SYSTEM.
Section 1214 (22 U.S.C. 3654) is repealed.
SEC. 3533. REPEAL OF PROVISION RELATING TO RECRUITMENT AND
RETENTION REMUNERATION.
Section 1217(d) (22 U.S.C. 3657(d)) is repealed.
SEC. 3534. BENEFITS BASED ON BASIC PAY.
Section 1218(2) (22 U.S.C. 3658(2)) is amended to read as
follows:
‘‘(2) benefits under subchapter III of chapter 83 or chapter
84 of title 5, United States Code, relating to retirement;’’.
SEC. 3535. VESTING OF GENERAL ADMINISTRATIVE AUTHORITY OF
COMMISSION.
Section 1223 (22 U.S.C. 3663) is amended to read as follows:
‘‘CENTRAL EXAMINING OFFICE
‘‘SEC. 1223. The Commission shall establish a Central Examin-
ing Office. The purpose of the office shall be to implement the
provisions of the Panama Canal Treaty of 1977 and related agree-
ments with respect to recruitment, examination, determination of
qualification standards, and similar matters relating to employment
of the Commission.’’.
H. R. 3230—443
SEC. 3536. APPLICABILITY OF CERTAIN LAWS.
Section 1224 (22 U.S.C. 3664) is amended to read as follows:
‘‘APPLICABILITY OF TITLE 5, UNITED STATES CODE
‘‘SEC. 1224. The following provisions of title 5, United States
Code, apply to the Panama Canal Commission:
‘‘(1) Part I of title 5 (relating to agencies generally).
‘‘(2) Chapter 21 (relating to employee definitions).
‘‘(3) Section 2302(b)(8) (relating to whistleblower protection)
and all provisions of title 5 relating to the administration
or enforcement or any other aspect thereof, as identified in
regulations prescribed by the Commission in consultation with
the Office of Personnel Management.
‘‘(4) All provisions relating to preference eligibles.
‘‘(5) Section 5514 (relating to offset from salary).
‘‘(6) Section 5520a (relating to garnishments).
‘‘(7) Sections 5531–5535 (relating to dual pay and employ-
ment).
‘‘(8) Subchapter VI of chapter 55 (relating to accumulated
and accrued leave).
‘‘(9) Subchapter IX of chapter 55 (relating to severance
and back pay).
‘‘(10) Chapter 57 (relating to travel, transportation, and
subsistence).
‘‘(11) Chapter 59 (relating to allowances).
‘‘(12) Chapter 63 (relating to leave for CONUS employees).
‘‘(13) Section 6323 (relating to military leave; Reserves
and National Guardsmen).
‘‘(14) Chapter 71 (relating to labor relations).
‘‘(15) Subchapters II and III of chapter 73 (relating to
employment limitations and political activities, respectively)
and all provisions of title 5 relating to the administration
or enforcement or any other aspect thereof, as identified in
regulations prescribed by the Commission in consultation with
the Office of Personnel Management.
‘‘(16) Chapter 81 (relating to compensation for work
injuries).
‘‘(17) Chapters 83 and 84 (relating to retirement).
‘‘(18) Chapter 85 (relating to unemployment compensation).
‘‘(19) Chapter 87 (relating to life insurance).
‘‘(20) Chapter 89 (relating to health insurance).’’.
SEC. 3537. REPEAL OF PROVISION RELATING TO TRANSFERRED OR
REEMPLOYED EMPLOYEES.
Section 1231(a)(3) (22 U.S.C. 3671(a)(3)) is repealed.
SEC. 3538. ADMINISTRATION OF SPECIAL DISABILITY BENEFITS.
Section 1245 (22 U.S.C. 3682) is amended by striking so much
as precedes subsection (b) and inserting the following:
‘‘ADMINISTRATION OF CERTAIN DISABILITY BENEFITS
‘‘SEC. 1245. (a)(1) The Commission, or any other United States
Government agency or private entity acting pursuant to an agree-
ment with the Commission, under the Act entitled ‘An Act authoriz-
ing cash relief for certain employees of the Panama Canal not
coming within the provisions of the Canal Zone Retirement Act’,
H. R. 3230—444
approved July 8, 1937 (50 Stat. 478; 68 Stat. 17), may continue
the payments of cash relief to those individual former employees
of the Canal Zone Government or Panama Canal Company or
their predecessor agencies not coming within the scope of the former
Canal Zone Retirement Act whose services were terminated prior
to October 5, 1958, because of unfitness for further useful service
by reason of mental or physical disability resulting from age or
disease.
‘‘(2) Subject to subsection (b), cash relief under this subsection
may not exceed $1.50 per month for each year of service of the
employees so furnished relief, with a maximum of $45 per month,
plus the amount of any cost-of-living increases in such cash relief
granted before October 1, 1979, pursuant to section 181 of title
2 of the Canal Zone Code (as in effect on September 30, 1979),
nor be paid to any employee who, at the time of termination
for disability prior to October 5, 1958, had less than 10 years’
service with the Canal Zone Government, the Panama Canal Com-
pany, or their predecessor agencies on the Isthmus of Panama.’’.
SEC. 3539. PANAMA CANAL REVOLVING FUND.
Section 1302 of the Panama Canal Act of 1979 (22 U.S.C.
3712) is amended to read as follows:
‘‘PANAMA CANAL REVOLVING FUND
‘‘SEC. 1302. (a) There is established in the Treasury of the
United States a revolving fund to be known as ‘Panama Canal
Revolving Fund’. The Panama Canal Revolving Fund shall, subject
to subsection (b), be available to the Commission to carry out
the purposes, functions, and powers authorized by this Act, includ-
ing for—
‘‘(1) the hire of passenger motor vehicles and aircraft;
‘‘(2) uniforms or allowances therefor;
‘‘(3) official receptions and representation expenses of the
Board, the Secretary of the Commission, and the Administrator;
‘‘(4) the operation of guide services;
‘‘(5) a residence for the Administrator;
‘‘(6) disbursements by the Administrator for employee and
community projects;
‘‘(7) the procurement of expert and consultant services;
‘‘(8) promotional activities, including the preparation, dis-
tribution, or use of any kit, pamphlet, booklet, publication,
radio, television, film, or other media presentation designed
to promote the Panama Canal as a resource of the world
shipping industry; and
‘‘(9) the purchase and transportation to the Republic of
Panama of passenger motor vehicles, including large, heavy-
duty vehicles.
‘‘(b)(1) There shall be deposited in the Panama Canal Revolving
Fund, on a continuing basis, toll receipts (other than amounts
of toll receipts deposited into the Panama Canal Commission Dis-
solution Fund under section 1305) and all other receipts of the
Commission. Except as provided in section 1303, no funds may
be obligated or expended by the Commission in any fiscal year
unless such obligation or expenditure has been specifically author-
ized by law.
H. R. 3230—445
‘‘(2) No funds may be authorized for the use of the Commission,
or obligated or expended by the Commission in any fiscal year;
in excess of—
‘‘(A) the amount of revenues deposited in the Panama Canal
Revolving Fund and the Panama Canal Commission Dissolution
Fund during such fiscal year; plus
‘‘(B) the amount of revenues deposited in the Panama Canal
Revolving Fund before such fiscal year and remaining unobli-
gated at the beginning of such fiscal year; plus
‘‘(C) the $100,000,000 borrowing authority provided for in
section 1304 of this Act.
Not later than 30 days after the end of each fiscal year, the
Secretary of the Treasury shall report to the Congress the amount
of revenues deposited in the Panama Canal Revolving Fund during
such fiscal year.
‘‘(c) With the approval of the Secretary of the Treasury, the
Commission may deposit amounts in the Panama Canal Revolving
Fund in any Federal Reserve bank, any depositary for public funds,
or such other place and in such manner as the Commission and
the Secretary may agree.
‘‘(d)(1) It is the sense of the Congress that the additional
costs resulting from the implementation of the Panama Canal
Treaty of 1977 and related agreements should be kept to the
absolute minimum level. To this end, the Congress declares appro-
priated costs of implementation to be borne by the taxpayers over
the life of such Treaty should be kept to a level no greater than
the March 1979 estimate of those costs ($870,700,000) presented
to the Congress by the executive branch during consideration of
this Act by the Congress, less personnel retirement costs of
$205,000,000, which were subtracted and charged to tolls, therefore
resulting in net taxpayer cost of approximately $665,700,000, plus
appropriate adjustments for inflation.
‘‘(2) It is further the sense of the Congress that the actual
costs of implementation be consistent with the obligations of the
United States to operate the Panama Canal safely and efficiently
and keep it secure.’’.
SEC. 3540. PRINTING.
Title I is amended in chapter 3 (22 U.S.C. 3711 et seq.) by
adding at the end of subchapter I the following new section:
‘‘PRINTING
‘‘SEC. 1306. (a) Section 501 of title 44, United States Code,
shall not apply to direct purchase by the Commission for its use
of printing, binding, and blank-book work in the Republic of Panama
when the Commission determines that such direct purchase is
in the best interest of the Government.
‘‘(b) This section shall not affect the Commission’s authority,
under chapter 5 of title 44, United States Code, to operate a
field printing plant.’’.
SEC. 3541. ACCOUNTING POLICIES.
(a) SECTION 1311.—Section 1311(a) (22 U.S.C. 3721(a)) is
amended by striking out ‘‘the Accounting and Auditing Act of 1950
(31 U.S.C. 65 et seq.)’’ in the first sentence and inserting in lieu
thereof ‘‘chapter 91 of title 31, United States Code,’’.
H. R. 3230—446
(b) SECTION 1313.—Section 1313 (22 U.S.C. 3723) is amended
by striking out ‘‘the Accounting and Auditing Act of 1950 (31
U.S.C. 65 et seq.)’’ in subsections (a) and (c) and inserting in
lieu thereof ‘‘chapter 91 of title 31, United States Code,’’.
SEC. 3542. INTERAGENCY SERVICES; REIMBURSEMENTS.
Section 1321(e) (22 U.S.C. 3731(e)) is amended by adding at
the end the following sentence:
‘‘Notwithstanding the provisions relating to the availability of ade-
quate schools contained in section 5924(4)(A) of title 5, United
States Code, the Commission shall by regulation determine the
extent to which costs of educational services may be defrayed under
this subsection.’’.
SEC. 3543. POSTAL SERVICE.
Section 1331 (22 U.S.C. 3741) is amended to read as follows:
‘‘POSTAL SERVICE
‘‘SEC. 1331. (a) The Commission shall take possession of and
administer the funds of the Canal Zone postal service and shall
assume its obligations.
‘‘(b) Effective December 1, 1999, neither the Commission nor
the United States Government shall be responsible for the distribu-
tion of any accumulated unpaid balances relating to Canal Zone
postal-savings deposits, postal-savings certificates, and postal
money orders.
‘‘(c) Mail addressed to the Canal Zone from or through the
continental United States may be routed by the United States
Postal Service to the military post offices of the United States
Armed Forces in the Republic of Panama. Such military post offices
shall provide the required directory services and shall accept such
mail to the extent permitted under the Panama Canal Treaty
of 1977 and related agreements. The Commission shall furnish
personnel, records, and other services to such military post offices
to assure wherever appropriate the distribution, rerouting, or return
of such mail.’’.
SEC. 3544. INVESTIGATION OF ACCIDENTS OR INJURY GIVING RISE
TO CLAIM.
Section 1417(1) (22 U.S.C. 3777(1)) is amended to read as
follows:
‘‘(1) an investigation of the accident or injury giving rise
to the claim has been completed, which shall include a hearing
by the Board of Local Inspectors of the Commission; and’’.
SEC. 3545. OPERATIONS REGULATIONS.
Section 1801 (22 U.S.C. 3811) is amended by striking
‘‘President’’ and inserting ‘‘Commission’’.
SEC. 3546. MISCELLANEOUS REPEALS.
(a) REPEALS.—The following provisions are repealed:
(1) Section 1605 (22 U.S.C. 3795), relating to interim toll
adjustment.
(2) Section 1701 (22 U.S.C. 3801), relating to the authority
of the President to prescribe certain regulations.
(3) Section 1702 (22 U.S.C. 3802), relating to the authority
of the Panama Canal Commission to prescribe certain
regulations.
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(4) Title II (22 U.S.C. 3841–3852), relating to the Treaty
transition period.
(5) Chapter 1 of title III (22 U.S.C. 3861), relating to
cemeteries.
(6) Section 1246, relating to appliances for certain injured
employees.
(7) Section 1251, relating to leave for jury or witness
service.
(8) Section 1301, relating to Canal Zone Government funds.
(9) Section 1313(c), relating to audits.
(b) CONFORMING
AMENDMENTS.—Section 1313 is further
amended by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 3547. EXEMPTION FROM METRIC CONVERSION ACT OF 1975.
Section 3302 is amended to read as follows:
‘‘EXEMPTION FROM METRIC CONVERSION ACT OF 1975
‘‘SEC. 3302. The Commission is exempt from the provisions
of the Metric Conversion Act of 1975 (15 U.S.C. 205a et seq.).’’.
SEC. 3548. CONFORMING AND CLERICAL AMENDMENTS.
(a) TITLE 5 EMPLOYMENT LAW.—Title 5, United States Code,
is amended as follows:
(1) Section 3401(1) is amended—
(A) by striking out clause (v); and
(B) by redesignating clauses (vi), (vii), and (viii) as
clauses (v), (vi), and (vii), respectively.
(2) Section 5102 is amended—
(A) in subsection (a)(1)—
(i) by striking out clause (vi); and
(ii) by redesignating clauses (vii), (viii), (ix), (x),
and (xi) as clauses (vi), (vii), (viii), (ix), and (x), respec-
tively; and
(B) in subsection (c), by striking out paragraph (12).
(3) Subchapter IV of chapter 53 is amended—
(A) in section 5342(a)(1)—
(i) by striking out subparagraph (G); and
(ii) by redesignating subparagraphs (H), (I), (J),
(K), and (L) as subparagraphs (G), (H), (I), (J), and
(K) respectively;
(B) in section 5343(a)(5), by striking out ‘‘the areas
and installations in the Republic of Panama’’ and all that
follows through ‘‘Panama Canal Act of 1979),’’; and
(C) in section 5348—
(i) by striking out subsection (b);
(ii) by redesignating subsection (c) as subsection
(b); and
(iii) in subsection (a), by striking out ‘‘subsections
(b) and (c)’’ and inserting in lieu thereof ‘‘sub-
section (b)’’.
(4) Section 5373 is amended—
(A) by striking out paragraph (1); and
(B) by redesignating paragraphs (2), (3), and (4) as
paragraphs (1), (2), and (3) respectively.
(5) Section 5537(c) is amended by striking out ‘‘the United
States District Court for the District of the Canal Zone, the
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District Court of Guam, and the District Court of the Virgin
Islands.’’ and inserting in lieu thereof ‘‘the District Court of
Guam and the District Court of the Virgin Islands.’’.
(6) Section 5541(2)(xii) is amended—
(A) 
by 
inserting 
‘‘or’’ 
after 
‘‘Services 
Admini-
stration,’’; and
(B) by striking out ‘‘, or a vessel employee of the
Panama Canal Commission’’;
(7) Section 5924(3) is amended by striking out the last
sentence.
(8) Section 6322(a) is amended—
(A) by striking out ‘‘Puerto Rico,’’ and inserting in
lieu thereof ‘‘Puerto Rico or’’; and
(B) by striking out ‘‘, or the Republic of Panama’’.
(9) Section 7901(f) is amended to read as follows:
‘‘(f) The health programs conducted by the Tennessee Valley
Authority are not affected by this section.’’.
(b) CROSS REFERENCES IN PANAMA CANAL ACT.—
(1) Section 1211(1)(B) (22 U.S.C. 3651(1)(B)) is amended
by striking out ‘‘section 1212(B)(2)’’ and inserting in lieu thereof
‘‘section 1212(b)’’.
(2) Section 1303 (22 U.S.C. 3713) is amended by striking
out ‘‘section 1302(c)(1)’’ both places it appears and inserting
in lieu thereof ‘‘section 1302(b)(1)’’.
(3) Section 1341(f) (22 U.S.C. 3751(f)) is amended by strik-
ing out ‘‘section 1302(c)’’ and inserting in lieu thereof ‘‘section
1302(b)’’.
(c) SECTION HEADINGS.—
(1) The heading of section 3 (22 U.S.C. 3602) is amended
to read as follows:
‘‘DEFINITIONS’’.
(2) The heading of section 1245 (22 U.S.C. 3682) is amended
to read as follows:
‘‘ADMINISTRATION OF CERTAIN DISABILITY BENEFITS’’.
(d) TABLE OF CONTENTS.—The table of contents in section 1
is amended as follows:
(1) The items relating to sections 1101, 1102a, 1102b, and
1313 are amended by inserting ‘‘Sec.’’ before the section number.
(2) The item relating to section 3 is amended to read
as follows:
‘‘Sec. 3. Definitions.’’.
(3) The item relating to section 1104 is amended to read
as follows:
‘‘Sec. 1104. Deputy Administrator.’’.
(4) The items relating to sections 1209 and 1210 are
amended to read as follows:
‘‘Sec. 1209. Applicability of certain benefits.
‘‘Sec. 1210. Travel and transportation.’’.
(5) The items relating to sections 1223 and 1224 are
amended to read as follows:
‘‘Sec. 1223. Central Examining Office.
‘‘Sec. 1224. Applicability of title 5, United States Code.’’.
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(6) The item relating to section 1245 is amended to read
as follows:
‘‘Sec. 1245. Administration of certain disability benefits.’’.
(7) The item relating to section 3302 is amended to read
as follows:
‘‘Sec. 3302. Exemption from Metric Conversion Act of 1975.’’.
(8) Such table of contents is further amended by inserting
after the item relating to section 1305 the following new item:
‘‘Sec. 1306. Printing.’’.
(9) Such table of contents is further amended—
(A) by striking out the items relating to sections 1214,
1246, 1251, 1301, 1605, 1701, 1702, 2101, 2201, 2202, 2203,
2204, 2205, 2206, 2301, 2401, 2402, and 3101; and
(B) by striking out the items relating to the heading
of title II, the headings of chapters 1, 2, 3, and 4 of
such title, and the heading of chapter 1 of title III.
SEC. 3549. REPEAL OF PANAMA CANAL CODE.
The Panama Canal Code is repealed.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.