H. R. 1119—424
in accordance with the allocation specified in the agreement submit-
ted to the Secretary under subsection (e).
(2) In the case of a parcel allocated under the agreement
that is not available for conveyance or transfer in accordance with
the requirement in subsection (f)(2) by reason of its requirement
to meet the national security mission of the Department, the Sec-
retary shall convey or transfer the parcel, as the case may be,
when the parcel is no longer required for that purpose.
(3)(A) In the case of a parcel allocated under the agreement
that is not available for conveyance or transfer in accordance with
such requirement by reason of requirements for environmental res-
toration or remediation, the Secretary shall convey or transfer
the parcel, as the case may be, upon the completion of the environ-
mental restoration or remediation that is required with respect
to the parcel.
(B) If the Secretary determines that environmental restoration
or remediation cannot reasonably be expected to be completed with
respect to a parcel by the end of the 10-year period beginning
on the date of enactment of this Act, the Secretary shall not convey
or transfer the parcel under this section.
(h) USE OF CONVEYED OR TRANSFERRED LAND.—The parcels
of land conveyed or transferred under this section shall be used
for historic, cultural, or environmental preservation purposes, eco-
nomic diversification purposes, or community self-sufficiency pur-
poses.
(i) TREATMENT OF CONVEYANCES AND TRANSFERS.—(1) The pur-
pose of the conveyances and transfers under this section is to
fulfill the obligations of the United States with respect to Los
Alamos National Laboratory, New Mexico, under sections 91 and
94 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391,
2394).
(2) Upon the completion of the conveyance or transfer of the
parcels of land available for conveyance or transfer under this
section, the Secretary shall make no further payments with respect
to Los Alamos National Laboratory under section 91 or section
94 of the Atomic Energy Community Act of 1955.
SEC. 3166. SENSE OF CONGRESS REGARDING THE Y–12 PLANT IN OAK
RIDGE, TENNESSEE.
It is the sense of Congress that the Y–12 Plant in Oak Ridge,
Tennessee, should be used as a national prototype center and that
other executive agencies should utilize this center, where appro-
priate, to maximize their efficiency and cost effectiveness.
SEC. 3167. 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 a nonprofit or not-for-profit edu-
cational 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 the basis of, or as a contribution
to, an endowment fund for the Foundation.
(2) The Foundation shall use the income generated from invest-
ments in the endowment fund that are attributable to the payment
H. R. 1119—425
made under subsection (a) to fund programs to support the edu-
cational needs of children in public schools in the vicinity of Los
Alamos National Laboratory.
(c) REPORT.—Not later than March 1, 1998, the Secretary shall
submit to the congressional defense committees a report setting
forth the following:
(1) The amount of, and a schedule for, payments to the
Foundation by the Secretary that are in addition to the payment
provided under subsection (a).
(2) A plan to ensure that the Secretary makes no other
payments to support the educational activities referred to in
subsection (b)(2) after September 30, 2002.
SEC. 3168. IMPROVEMENTS TO GREENVILLE ROAD, LIVERMORE,
CALIFORNIA.
From amounts authorized to be appropriated or otherwise made
available to the Department of Energy by this title, funds shall
be available for improvements to Greenville Road, Livermore,
California, as follows:
(1) $3,500,000 in fiscal year 1998.
(2) $3,300,000 in fiscal year 1999.
SEC. 3169. REPORT ON ALTERNATIVE SYSTEM FOR AVAILABILITY OF
FUNDS.
(a) REPORT.—Not later than October 1, 1998, the Secretary
of Energy shall submit to Congress a report assessing how
the Department of Energy could carry out a transition from a
no-year funding system to a limited-period funding system.
(b) MATTERS COVERED.—The report shall cover the following
matters:
(1) A conceptual proposal on how the no-year funding
system could be phased out.
(2) An estimate of the cost of making the transition to
a limited-period funding system.
(3) A description of the programmatic effects that could
occur if the no-year funding system is eliminated.
(4) A delineation of activities for which the no-year funding
system should be retained.
(c) DEFINITIONS.—In this section:
(1) The term ‘‘no-year funding system’’ means a funding
system in which funds are available to the Department of
Energy until expended.
(2) The term ‘‘limited-period funding system’’ means a fund-
ing system in which funds are available to the Department
of Energy for a limited period of time.
SEC. 3170. REPORT ON REMEDIATION UNDER THE FORMERLY
UTILIZED SITES REMEDIAL ACTION PROGRAM.
Not later than March 1, 1998, the Secretary of Energy shall
submit to Congress a report containing information responding
to the following questions regarding the Formerly Utilized Sites
Remedial Action Program:
(1) How many Formerly Utilized Sites remain to be remedi-
ated, what portions of these remaining sites have completed
remediation (including any offsite contamination), what por-
tions of the sites remain to be remediated (including any offsite
contamination), what types of contaminants are present at
H. R. 1119—426
each site, and what are the projected timeframes for completing
remediation at each site?
(2) What is the cost of the remaining response actions
necessary to address actual or threatened releases of hazardous
substances at each Formerly Utilized Site, including any
contamination that is present beyond the perimeter of the
facilities?
(3) For each site, how much will it cost to remediate the
radioactive contamination, and how much will it cost to remedi-
ate the non-radioactive contamination?
(4) How many sites potentially involve private parties that
could be held responsible for remediation costs, including
remediation costs related to offsite contamination?
(5) What type of agreements under the Formerly Utilized
Sites Remedial Action Program have been entered into with
private parties to resolve the level of liability for remediation
costs at these facilities, and to what extent have these agree-
ments been tied to a distinction between radioactive and non-
radioactive contamination present at these sites?
(6) What efforts have been undertaken by the Department
to ensure that the settlement agreements entered into with
private parties to resolve liability for remediation costs at these
facilities have been consistent on a program-wide basis?
TITLE XXXII—DEFENSE NUCLEAR
FACILITIES SAFETY BOARD
Sec. 3201. Authorization.
Sec. 3202. Report on external regulation of defense nuclear facilities.
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year 1998,
$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.).
SEC. 3202. REPORT ON EXTERNAL REGULATION OF DEFENSE NUCLEAR
FACILITIES.
(a) REPORTING REQUIREMENT.—The Defense Nuclear Facilities
Safety Board (in this section referred to as the ‘‘Board’’) shall
prepare a report and make recommendations on its role in the
Department of Energy’s decision to establish external regulation
of defense nuclear facilities. The report shall include the following:
(1) An assessment of the value of and the need for the
Board to continue to perform the functions specified under
chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286
et seq.).
(2) An assessment of the relationship between the functions
of the Board and a proposal by the Department of Energy
to place Department of Energy defense nuclear facilities under
the jurisdiction of external regulatory agencies.
(3) An assessment of the functions of the Board and
whether there is a need to modify or amend such functions.
(4) An assessment of the relative advantages and disadvan-
tages to the Department and the public of continuing the func-
tions of the Board with respect to Department of Energy defense
H. R. 1119—427
nuclear facilities and replacing the activities of the Board with
external regulation of such facilities.
(5) A list of all existing or planned Department of Energy
defense nuclear facilities that are similar to facilities under
the regulatory jurisdiction of the Nuclear Regulatory Commis-
sion.
(6) A list of all Department of Energy defense nuclear
facilities that are in compliance with all applicable Department
of Energy orders, regulations, and requirements relating to
the design, construction, operation, and decommissioning of
defense nuclear facilities.
(7) A list of all Department of Energy defense nuclear
facilities that have implemented, pursuant to an implementa-
tion plan, recommendations made by the Board and accepted
by the Secretary of Energy.
(8) A list of Department of Energy defense nuclear facilities
that have a function related to Department weapons activities.
(9)(A) A list of each existing defense nuclear facility that
the Board determines—
(i) should continue to stay within the jurisdiction of
the Board for a period of time or indefinitely; and
(ii) should come under the jurisdiction of an outside
regulatory authority.
(B) An explanation of the determinations made under
subparagraph (A).
(10) For any existing facilities that should, in the opinion
of the Board, come under the jurisdiction of an outside regu-
latory authority, the date when this move would occur and
the period of time necessary for the transition.
(11) A list of any proposed Department of Energy defense
nuclear facilities that should come under the Board’s jurisdic-
tion.
(12) An assessment of regulatory and other issues associ-
ated with the design, construction, operation, and decommis-
sioning of facilities that are not owned by the Department
of Energy but which would provide services to the Department
of Energy.
(13) An assessment of the role of the Board, if any, in
privatization projects undertaken by the Department.
(14) An assessment of the role of the Board, if any, in
any tritium production facilities.
(15) An assessment of the comparative advantages and
disadvantages to the Department of Energy in the event some
or all Department of Energy defense nuclear facilities were
no longer included in the functions of the Board and were
regulated by the Nuclear Regulatory Commission.
(16) A comparison of the cost, as identified by the Nuclear
Regulatory Commission, that would be incurred at a gaseous
diffusion plant to comply with regulations issued by the Nuclear
Regulatory Commission, with the cost that would be incurred
by a gaseous diffusion plant if such a plant was considered
to be a Department of Energy defense nuclear facility as defined
by chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C.
2286 et seq.).
(b) COMMENTS ON REPORT.—Before submission of the report
to Congress under subsection (c), the Board shall transmit the
report to the Secretary of Energy and the Nuclear Regulatory
H. R. 1119—428
Commission. The Secretary and the Commission shall provide their
comments on the report to both the Board and to Congress.
(c) SUBMISSION TO CONGRESS.—Not later than six months after
the date of the enactment of this Act, the Board shall provide
to Congress an interim report on the status of the implementation
of this section. Not later than one year after the date of the
enactment of this Act, and not earlier than 30 days after receipt
of comments from the Secretary of Energy and the Nuclear Regu-
latory Commission under subsection (b), the Board shall submit
to Congress the report required under subsection (a).
(d) DEFINITION.—In this section, the term ‘‘Department of
Energy defense nuclear facility’’ has the meaning provided by sec-
tion 318 of the Atomic Energy Act of 1954 (42 U.S.C. 2286g).
TITLE XXXIII—NATIONAL DEFENSE
STOCKPILE
Sec. 3301. Definitions.
Sec. 3302. Authorized uses of stockpile funds.
Sec. 3303. Disposal of beryllium copper master alloy in National Defense Stockpile.
Sec. 3304. Disposal of titanium sponge in National Defense Stockpile.
Sec. 3305. Disposal of cobalt in National Defense Stockpile.
Sec. 3306. Required procedures for disposal of strategic and critical materials.
Sec. 3307. Return of surplus platinum from the Department of the Treasury.
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).
(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)).
(3) The term ‘‘Market Impact Committee’’ means the Mar-
ket Impact Committee established under section 10(c) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C.
98h–1(c)).
SEC. 3302. AUTHORIZED USES OF STOCKPILE FUNDS.
(a) OBLIGATION OF STOCKPILE FUNDS.—During fiscal year 1998,
the National Defense Stockpile Manager may obligate up to
$73,000,000 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.
H. R. 1119—429
SEC. 3303. DISPOSAL OF BERYLLIUM COPPER MASTER ALLOY IN
NATIONAL DEFENSE STOCKPILE.
(a) DISPOSAL AUTHORIZATION.—Pursuant to section 5(b) of the
Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98d(b)),
the National Defense Stockpile Manager may dispose of all beryl-
lium copper master alloy from the National Defense Stockpile as
part of continued efforts to modernize the stockpile.
(b) PRECONDITION FOR DISPOSAL.—Before beginning the dis-
posal of beryllium copper master alloy under subsection (a), the
National Defense Stockpile Manager shall certify to Congress that
the disposal of beryllium copper master alloy will not adversely
affect the capability of the National Defense Stockpile to supply
the strategic and critical material needs of the United States.
(c) CONSULTATION WITH MARKET IMPACT COMMITTEE.—In dis-
posing of beryllium copper master alloy under subsection (a), the
National Defense Stockpile Manager shall consult with the Market
Impact Committee to ensure that the disposal of beryllium copper
master alloy does not disrupt the domestic beryllium industry.
(d) EXTENDED SALES CONTRACTS.—The National Defense Stock-
pile Manager shall provide for the use of long-term sales contracts
for the disposal of beryllium copper master alloy under subsection
(a) so that the domestic beryllium industry can re-absorb this
material into the market in a gradual and nondisruptive manner.
However, no such contract shall provide for the disposal of beryllium
copper master alloy over a period longer than eight years, beginning
on the date of the commencement of the first contract under this
section.
(e) 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 materials in the National
Defense Stockpile.
(f) BERYLLIUM COPPER MASTER ALLOY DEFINED.—For purposes
of this section, the term ‘‘beryllium copper master alloy’’ means
an alloy of nominally four percent beryllium in copper.
SEC. 3304. DISPOSAL OF TITANIUM SPONGE IN NATIONAL DEFENSE
STOCKPILE.
(a) DISPOSAL REQUIRED.—Subject to subsection (b), the National
Defense Stockpile Manager shall dispose of 34,800 short tons of
titanium sponge contained in the National Defense Stockpile pro-
vided for in section 4 of the Strategic and Critical Materials Stock
Piling Act (50 U.S.C. 98c) and excess to stockpile requirements.
(b) CONSULTATION WITH MARKET IMPACT COMMITTEE.—In dis-
posing of titanium sponge under subsection (a), the National
Defense Stockpile Manager shall consult with the Market Impact
Committee to ensure that the disposal of titanium sponge does
not disrupt the domestic titanium industry.
(c) 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 materials in the National
Defense Stockpile.
SEC. 3305. DISPOSAL OF COBALT IN NATIONAL DEFENSE STOCKPILE.
(a) DISPOSAL REQUIRED.—Subject to subsections (b) and (c),
the President shall dispose of cobalt contained in the National
H. R. 1119—430
Defense Stockpile so as to result in receipts to the United States
in amounts equal to—
(1) $20,000,000 during fiscal year 2003;
(2) $30,000,000 during fiscal year 2004;
(3) $34,000,000 during fiscal year 2005;
(4) $34,000,000 during fiscal year 2006; and
(5) $34,000,000 during fiscal year 2007.
(b) LIMITATION
ON DISPOSAL QUANTITY.—The total quantity
of cobalt authorized for disposal by the President under subsection
(a) may not exceed 14,058,014 pounds.
(c) MINIMIZATION
OF DISRUPTION
AND LOSS.—The President
may not dispose of cobalt 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 cobalt; 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 cobalt under
subsection (a) shall be deposited into the general fund of the Treas-
ury.
(e) 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 materials in the National
Defense Stockpile.
SEC. 3306. REQUIRED PROCEDURES FOR DISPOSAL OF STRATEGIC AND
CRITICAL MATERIALS.
Section 6(b) of the Strategic and Critical Materials Stock Piling
Act (50 U.S.C. 98e(b)) is amended in the first sentence by striking
out ‘‘materials from the stockpile shall be made by formal advertis-
ing or competitive negotiation procedures.’’ and inserting in lieu
thereof ‘‘strategic and critical materials from the stockpile shall
be made in accordance with the next sentence.’’.
SEC. 3307. RETURN OF SURPLUS PLATINUM FROM THE DEPARTMENT
OF THE TREASURY.
(a) RETURN OF PLATINUM TO STOCKPILE.—Subject to subsection
(b), the Secretary of the Treasury, upon the request of the Secretary
of Defense, shall return to the Secretary of Defense for sale or
other disposition platinum of the National Defense Stockpile that
has been loaned to the Department of the Treasury by the Secretary
of Defense, acting as the stockpile manager. The quantity requested
and required to be returned shall be any quantity that the Secretary
of Defense determines appropriate for sale or other disposition.
(b) ALTERNATIVE TRANSFER OF FUNDS.—The Secretary of the
Treasury, with the concurrence of the Secretary of Defense, may
transfer to the Secretary of Defense funds in a total amount that
is equal to the fair market value of any platinum requested under
subsection (a) and not returned. A transfer of funds under this
subsection shall be a substitute for a return of platinum under
subsection (a). Upon a transfer of funds as a substitute for a
return of platinum, the platinum shall cease to be part of the
National Defense Stockpile. A transfer of funds under this sub-
section shall be charged to any appropriation for the Department
of the Treasury and shall be credited to the National Defense
Stockpile Transaction Fund.
H. R. 1119—431
(c) RESPONSIBILITY FOR COSTS.—The return of platinum under
subsection (a) by the Secretary of the Treasury shall be made
without the expenditure of any funds available to the Department
of Defense. The Secretary of the Treasury shall be responsible
for all costs incurred in connection with the return, such as
transportation, storage, testing, refining, or casting costs.
TITLE XXXIV—NAVAL PETROLEUM
RESERVES
Sec. 3401. Authorization of appropriations.
Sec. 3402. Price requirement on sale of certain petroleum during fiscal year 1998.
Sec. 3403. Repeal of requirement to assign Navy officers to Office of Naval
Petroleum and Oil Shale Reserves.
Sec. 3404. Transfer of jurisdiction, Naval Oil Shale Reserves Numbered 1 and 3.
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
There is hereby authorized to be appropriated to the Secretary
of Energy $117,000,000 for fiscal year 1998 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 1998.
Notwithstanding section 7430(b)(2) of title 10, United States
Code, during fiscal year 1998, 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.
SEC. 3403. REPEAL OF REQUIREMENT TO ASSIGN NAVY OFFICERS TO
OFFICE 
OF 
NAVAL 
PETROLEUM 
AND 
OIL 
SHALE
RESERVES.
Section 2 of Public Law 96–137 (42 U.S.C. 7156a) is repealed.
SEC. 3404. TRANSFER OF JURISDICTION, NAVAL OIL SHALE RESERVES
NUMBERED 1 AND 3.
(a) TRANSFER REQUIRED.—Chapter 641 of title 10, United States
Code, is amended by adding at the end the following new section:
‘‘§ 7439. Certain oil shale reserves: transfer of jurisdiction
and petroleum exploration, development, and
production
‘‘(a) TRANSFER REQUIRED.—(1) Upon the enactment of this sec-
tion, the Secretary of Energy shall transfer to the Secretary of
the Interior administrative jurisdiction over all public domain lands
included within Oil Shale Reserve Numbered 1 and those public
domain lands included within the undeveloped tracts of Oil Shale
Reserve Numbered 3.
‘‘(2) Not later than one year after the date of the enactment
of this section, the Secretary of Energy shall transfer to the Sec-
retary of the Interior administrative jurisdiction over those public
domain lands included within the developed tract of Oil Shale
Reserve Numbered 3, which consists of approximately 6,000 acres
H. R. 1119—432
and 24 natural gas wells, together with pipelines and associated
facilities.
‘‘(3) Notwithstanding the transfer of jurisdiction, the Secretary
of Energy shall continue to be responsible for all environmental
restoration, waste management, and environmental compliance
activities that are required under Federal and State laws with
respect to conditions existing on the lands at the time of the
transfer.
‘‘(4) Upon the transfer to the Secretary of the Interior of jurisdic-
tion over public domain lands under this subsection, the other
provisions of this chapter shall cease to apply with respect to
the transferred lands.
‘‘(b) AUTHORITY TO LEASE.—(1) Beginning on the date of the
enactment of this section, or as soon thereafter as practicable,
the Secretary of the Interior shall enter into leases with one or
more private entities for the purpose of exploration for, and develop-
ment and production of, petroleum (other than in the form of
oil shale) located on or in public domain lands in Oil Shale Reserves
Numbered 1 and 3 (including the developed tract of Oil Shale
Reserve Numbered 3). Any such lease shall be made in accordance
with the requirements of the Mineral Leasing Act (30 U.S.C. 181
et seq.) regarding the lease of oil and gas lands and shall be
subject to valid existing rights.
‘‘(2) Notwithstanding the delayed transfer of the developed
tract of Oil Shale Reserve Numbered 3 under subsection (a)(2),
the Secretary of the Interior shall enter into a lease under para-
graph (1) with respect to the developed tract before the end of
the one-year period beginning on the date of the enactment of
this section.
‘‘(c) MANAGEMENT.—The Secretary of the Interior, acting
through the Director of the Bureau of Land Management, shall
manage the lands transferred under subsection (a) in accordance
with the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) and other laws applicable to the public lands.
‘‘(d) TRANSFER OF EXISTING EQUIPMENT.—The lease of lands
by the Secretary of the Interior under this section may include
the transfer, at fair market value, of any well, gathering line,
or related equipment owned by the United States on the lands
transferred under subsection (a) and suitable for use in the explo-
ration, development, or production of petroleum on the lands.
‘‘(e) COST
MINIMIZATION.—The cost of any environmental
assessment required pursuant to the National Environmental Policy
Act of 1969 (42 U.S.C. 4321 et seq.) in connection with a proposed
lease under this section shall be paid out of unobligated amounts
available for administrative expenses of the Bureau of Land
Management.
‘‘(f) TREATMENT OF RECEIPTS.—(1) Notwithstanding section 35
of the Mineral Leasing Act (30 U.S.C. 191), all moneys received
during the period specified in paragraph (2) from a lease under
this section (including moneys in the form of sales, bonuses, royal-
ties (including interest charges collected under the Federal Oil
and Gas Royalty Management Act of 1982 (30 U.S.C. 1701 et
seq.)), and rentals) shall be covered into the Treasury of the United
States and shall not be subject to distribution to the States pursuant
to subsection (a) of such section 35. Subject to a specific authoriza-
tion and appropriation for this purpose, such moneys may be used
H. R. 1119—433
for reimbursement of environmental restoration, waste manage-
ment, and environmental compliance costs incurred by the United
States with respect to the lands transferred under subsection (a).
‘‘(2) The period referred to in this subsection is the period
beginning on the date of the enactment of this section and ending
on the date on which the Secretary of Energy and the Secretary
of the Interior jointly certify to Congress that the sum of the
moneys deposited in the Treasury under paragraph (1) is equal
to the total of the following:
‘‘(A) The cost of all environmental restoration, waste
management, and environmental compliance activities incurred
by the United States with respect to the lands transferred
under subsection (a).
‘‘(B) The cost to the United States to originally install
wells, gathering lines, and related equipment on the transferred
lands and any other cost incurred by the United States with
respect to the lands.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the begin-
ning of such chapter is amended by adding at the end the following
new item:
‘‘7439. Certain oil shale reserves: transfer of jurisdiction and petroleum exploration,
development, and production.’’.
TITLE XXXV—PANAMA CANAL
COMMISSION
Subtitle A—Authorization of Expenditures From Revolving Fund
Sec. 3501. Short title.
Sec. 3502. Authorization of expenditures.
Sec. 3503. Purchase of vehicles.
Sec. 3504. Expenditures only in accordance with treaties.
Subtitle B—Facilitation of Panama Canal Transition
Sec. 3511. Short title; references.
Sec. 3512. Definitions relating to canal transition.
PART I—TRANSITION MATTERS RELATING TO COMMISSION OFFICERS AND EMPLOYEES
Sec. 3521. Authority for the Administrator of the Commission to accept appointment
as the Administrator of the Panama Canal Authority.
Sec. 3522. Post-Canal transfer personnel authorities.
Sec. 3523. Enhanced authority of Commission to establish compensation of
Commission officers and employees.
Sec. 3524. Travel, transportation, and subsistence expenses for Commission person-
nel no longer subject to Federal travel regulation.
Sec. 3525. Enhanced recruitment and retention authorities.
Sec. 3526. Transition separation incentive payments.
Sec. 3527. Labor-management relations.
Sec. 3528. Availability of Panama Canal Revolving Fund for severance pay for
certain employees separated by Panama Canal Authority after Canal
Transfer Date.
PART II—TRANSITION MATTERS RELATING TO OPERATION AND ADMINISTRATION OF
CANAL
Sec. 3541. Establishment of procurement system and Board of Contract Appeals.
Sec. 3542. Transactions with the Panama Canal Authority.
Sec. 3543. Time limitations on filing of claims for damages.
Sec. 3544. Tolls for small vessels.
Sec. 3545. Date of actuarial evaluation of FECA liability.
Sec. 3546. Appointment of notaries public.
Sec. 3547. Commercial services.
Sec. 3548. Transfer from President to Commission of certain regulatory functions
relating to employment classification appeals.
H. R. 1119—435
or other provision of the Panama Canal Act of 1979 (22 U.S.C.
3601 et seq.).
SEC. 3512. DEFINITIONS RELATING TO CANAL TRANSITION.
Section 3 (22 U.S.C. 3602) is amended by adding at the end
the following new subsection:
‘‘(d) For purposes of this Act:
‘‘(1) The term ‘Canal Transfer Date’ means December 31,
1999, such date being the date specified in the Panama Canal
Treaty of 1977 for the transfer of the Panama Canal from
the United States of America to the Republic of Panama.
‘‘(2) The term ‘Panama Canal Authority’ means the entity
created by the Republic of Panama to succeed the Panama
Canal Commission as of the Canal Transfer Date.’’.
PART I—TRANSITION MATTERS RELATING TO
COMMISSION OFFICERS AND EMPLOYEES
SEC. 3521. AUTHORITY FOR THE ADMINISTRATOR OF THE COMMISSION
TO ACCEPT APPOINTMENT AS THE ADMINISTRATOR OF
THE PANAMA CANAL AUTHORITY.
(a) AUTHORITY FOR DUAL ROLE.—Section 1103 (22 U.S.C. 3613)
is amended by adding at the end the following new subsection:
‘‘(c) The Congress consents, for purposes of the 8th clause
of article I, section 9 of the Constitution of the United States,
to the acceptance by the individual serving as Administrator of
the Commission of appointment by the Republic of Panama to
the position of Administrator of the Panama Canal Authority. Such
consent is effective only if that individual, while serving in both
such positions, serves as Administrator of the Panama Canal
Authority without compensation, except for payments by the Repub-
lic of Panama of travel and entertainment expenses, including per
diem payments.’’.
(b) WAIVER OF ETHICS AND REPORTING REQUIREMENTS.—Such
section is further amended by adding at the end the following
new subsection:
‘‘(d) If before the Canal Transfer Date the Republic of Panama
appoints as the Administrator of the Panama Canal Authority
the individual serving as the Administrator of the Commission
and if that individual accepts the appointment—
‘‘(1) during any period during which that individual serves
as both Administrator of the Commission and the Administrator
of the Panama Canal Authority—
‘‘(A) the Foreign Agents Registration Act of 1938, as
amended (22 U.S.C. 611 et seq.), shall not apply to that
individual with respect to service as the Administrator
of the Panama Canal Authority;
‘‘(B) that individual, with respect to participation in
any particular matter as the Administrator of the Panama
Canal Commission, is not subject to section 208(a) of title
18, United States Code, insofar as that section would other-
wise apply to that matter only because the matter will
have a direct and predictable effect on the financial interest
of the Panama Canal Authority;
‘‘(C) that individual is not subject to sections 203 and
205 of title 18, United States Code, with respect to official
H. R. 1119—436
acts performed as an agent or attorney for or otherwise
representing the Panama Canal Authority; and
‘‘(D) that individual is not subject to sections 501(a)
and 502(a)(4) of the Ethics in Government Act of 1978
(5 U.S.C. App.), with respect to compensation received for,
and service in, the position of Administrator of the Panama
Canal Authority; and
‘‘(2) effective upon termination of the individual’s appoint-
ment as Administrator of the Panama Canal Commission at
noon on the Canal Transfer Date, that individual is not subject
to section 207 of title 18, United States Code, with respect
to acts done in carrying out official duties as Administrator
of the Panama Canal Authority.’’.
SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORITIES.
(a) WAIVER OF CERTAIN POST-EMPLOYMENT RESTRICTIONS FOR
COMMISSION PERSONNEL BECOMING EMPLOYEES OF THE PANAMA
CANAL AUTHORITY.—Section 1112 (22 U.S.C. 3622) is amended by
adding at the end the following new subsection:
‘‘(e)(1) Section 207 of title 18, United States Code, does not
apply to a covered individual with respect to acts done in carrying
out official duties as an officer or employee of the Panama Canal
Authority.
‘‘(2) For purposes of paragraph (1), a covered individual is
an officer or employee of the Panama Canal Authority who was
an officer or employee of the Commission (other than the Adminis-
trator) and whose employment with the Commission terminated
at noon on the Canal Transfer Date.
‘‘(3) This subsection is effective as of the Canal Transfer Date.’’.
(b) CONSENT OF CONGRESS FOR ACCEPTANCE BY RESERVE AND
RETIRED MEMBERS OF THE UNIFORMED SERVICES OF EMPLOYMENT
BY PANAMA CANAL AUTHORITY.—Such section is further amended
by adding after subsection (e), as added by subsection (a), the
following new subsection:
‘‘(f)(1) The Congress consents to the following persons accepting
civil employment (and compensation for that employment) with
the Panama Canal Authority for which the consent of the Congress
is required by the last paragraph of section 9 of article I of the
Constitution of the United States, relating to acceptance of emolu-
ments, offices, or titles from a foreign government:
‘‘(A) Retired members of the uniformed services.
‘‘(B) Members of a reserve component of the armed forces.
‘‘(C) Members of the Commissioned Reserve Corps of the
Public Health Service.
‘‘(2) The consent of the Congress under paragraph (1) is effective
without regard to subsection (b) of section 908 of title 37, United
States Code (relating to approval required for employment of
Reserve and retired members by foreign governments).’’.
SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ESTABLISH
COMPENSATION 
OF 
COMMISSION 
OFFICERS 
AND
EMPLOYEES.
(a) REPEAL OF LIMITATIONS ON COMMISSION AUTHORITY.—The
following provisions are repealed:
(1) Section 1215 (22 U.S.C. 3655), relating to basic pay.
(2) Section 1219 (22 U.S.C. 3659), relating to salary protec-
tion upon conversion of pay rate.
H. R. 1119—437
(3) Section 1225 (22 U.S.C. 3665), relating to minimum
level of pay and minimum annual increases.
(b) SAVINGS PROVISION.—Section 1202 (22 U.S.C. 3642) is
amended by adding at the end the following new subsection:
‘‘(c) In the case of an individual who is an officer or employee
of the Commission on the day before the date of the enactment
of the Panama Canal Transition Facilitation Act of 1997 and who
has not had a break in service with the Commission since that
date, the rate of basic pay for that officer or employee on or
after that date may not be less than the rate in effect for that
officer or employee on the day before that date of enactment
except—
‘‘(1) as provided in a collective bargaining agreement;
‘‘(2) as a result of an adverse action against the officer
or employee; or
‘‘(3) pursuant to a voluntary demotion.’’.
(c) CROSS-REFERENCE
AMENDMENTS.—(1) Section 1216 (22
U.S.C. 3656) is amended by striking out ‘‘1215’’ and inserting in
lieu thereof ‘‘1202’’.
(2) Section 1218 (22 U.S.C. 3658) is amended by striking out
‘‘1215’’ and ‘‘1217’’ and inserting in lieu thereof ‘‘1202’’ and ‘‘1217(a)’’,
respectively.
(d) 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 ‘‘or the Panama Canal Act
Amendments of 1996’’ and inserting in lieu thereof ‘‘, the Panama
Canal Act Amendments of 1996 (subtitle B of title XXXV of Public
Law 104–201; 110 Stat. 2860), or the Panama Canal Transition
Facilitation Act of 1997’’.
SEC. 3524. TRAVEL, TRANSPORTATION, AND SUBSISTENCE EXPENSES
FOR COMMISSION PERSONNEL NO LONGER SUBJECT TO
FEDERAL TRAVEL REGULATION.
(a) REPEAL OF APPLICABILITY OF TITLE 5 PROVISIONS.—(1) Sec-
tion 1210 (22 U.S.C. 3650) is amended by striking out subsections
(a), (b), and (c).
(2) Section 1224 (22 U.S.C. 3664) is amended—
(A) by striking out paragraph (10); and
(B) by redesignating paragraphs (11) through (20) as para-
graphs (10) through (19), respectively.
(b) CONFORMING AMENDMENTS.—(1) Section 1210 is further
amended—
(A) by redesignating subsection (d)(1) as subsection (a)
and in that subsection striking out ‘‘paragraph (2)’’ and insert-
ing in lieu thereof ‘‘subsection (b)’’; and
(B) by redesignating subsection (d)(2) as subsection (b)
and in that subsection—
(i) striking out ‘‘Notwithstanding paragraph (1), an’’
and inserting in lieu thereof ‘‘An’’; and
(ii) striking out ‘‘referred to in paragraph (1)’’ and
inserting in lieu thereof ‘‘who is a citizen of the Republic
of Panama’’.
(2) The heading of such section is amended to read as follows:
‘‘AIR TRANSPORTATION’’.
(c) EFFECTIVE DATE.—The amendments made by this section
shall take effect on January 1, 1999.
H. R. 1119—438
SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AUTHORITIES.
(a) RECRUITMENT, RELOCATION, AND RETENTION BONUSES.—
Section 1217 (22 U.S.C. 3657) is amended—
(1) by redesignating subsection (c) as subsection (e);
(2) in subsection (e) (as so redesignated), by striking out
‘‘for the same or similar work performed in the United States
by individuals employed by the Government of the United
States’’ and inserting in lieu thereof ‘‘of the individual to whom
the compensation is paid’’; and
(3) by inserting after subsection (b) the following new sub-
sections:
‘‘(c)(1) The Commission may pay a recruitment bonus to an
individual who is newly appointed to a position with the Commis-
sion, or a relocation bonus to an employee of the Commission
who must relocate to accept a position, if the Commission deter-
mines that the Commission would be likely, in the absence of
such a bonus, to have difficulty in filling the position.
‘‘(2) A recruitment or relocation bonus may be paid to an
employee under this subsection only if the employee enters into
an agreement with the Commission to complete a period of employ-
ment established in the agreement. If the employee voluntarily
fails to complete such period of employment or is separated from
service in such employment as a result of an adverse action before
the completion of such period, the employee shall repay the entire
amount of the bonus.
‘‘(3) A recruitment or relocation bonus under this subsection
may be paid as a lump sum. A bonus under this subsection may
not be considered to be part of the basic pay of an employee.
‘‘(d)(1) The Commission may pay a retention bonus to an
employee of the Commission if the Commission determines that—
‘‘(A) the employee has unusually high or unique qualifica-
tions and those qualifications make it essential for the Commis-
sion to retain the employee for a period specified by the
Commission ending not later than the Canal Transfer Date,
or the Commission otherwise has a special need for the services
of the employee making it essential for the Commission to
retain the employee for a period specified by the Commission
ending not later than the Canal Transfer Date; and
‘‘(B) the employee would be likely to leave employment
with the Commission before the end of that period if the reten-
tion bonus is not paid.
‘‘(2) A retention bonus under this subsection—
‘‘(A) shall be in a fixed amount;
‘‘(B) shall be paid on a pro rata basis (over the period
specified by the Commission as essential for the retention of
the employee), with such payments to be made at the same
time and in the same manner as basic pay; and
‘‘(C) may not be considered to be part of the basic pay
of an employee.
‘‘(3) A decision by the Commission to exercise or to not exercise
the authority to pay a bonus under this subsection shall not be
subject to review under any statutory procedure or any agency
or negotiated grievance procedure except under any of the laws
referred to in section 2302(d) of title 5, United States Code.’’.
(b) EDUCATIONAL
SERVICES.—Section 1321(e)(2) (22 U.S.C.
3731(e)(2)) is amended by striking out ‘‘and persons’’ and inserting
in lieu thereof ‘‘, to other Commission employees when determined
H. R. 1119—439
by the Commission to be necessary for their recruitment or reten-
tion, and to other persons’’.
SEC. 3526. TRANSITION SEPARATION INCENTIVE PAYMENTS.
Chapter 2 of title I (22 U.S.C. 3641 et seq.) is amended by
adding at the end of subchapter III the following new section:
‘‘TRANSITION SEPARATION INCENTIVE PAYMENTS
‘‘SEC. 1233. (a) In applying to the Commission and employees
of the Commission the provisions of section 663 of the Treasury,
Postal Service, and General Government Appropriations Act, 1997
(as contained in section 101(f) of division A of Public Law 104–
208; 110 Stat. 3009–383), relating to voluntary separation incentives
for employees of certain Federal agencies (in this section referred
to as ‘section 663’)—
‘‘(1) the term ‘employee’ shall mean an employee of the
Commission who has served in the Republic of Panama in
a position with the Commission for a continuous period of
at least three years immediately before the employee’s separa-
tion under an appointment without time limitation and who
is covered under the Civil Service Retirement System or the
Federal Employees’ Retirement System under subchapter III
of chapter 83 or chapter 84, respectively, of title 5, United
States Code, other than—
‘‘(A) an employee described in any of subparagraphs
(A) through (F) of subsection (a)(2) of section 663; or
‘‘(B) an employee of the Commission who, during the
24-month period preceding the date of separation, has
received a recruitment or relocation bonus under section
1217(c) of this Act or who, within the 12-month period
preceding the date of separation, received a retention bonus
under section 1217(d) of this Act;
‘‘(2) the strategic plan under subsection (b) of section 663
shall include (in lieu of the matter specified in subsection
(b)(2) of that section)—
‘‘(A) the positions to be affected, identified by occupa-
tional category and grade level;
‘‘(B) the number and amounts of separation incentive
payments to be offered; and
‘‘(C) a description of how such incentive payments will
facilitate the successful transfer of the Panama Canal to
the Republic of Panama;
‘‘(3) a separation incentive payment under section 663 may
be paid to a Commission employee only to the extent necessary
to facilitate the successful transfer of the Panama Canal by
the United States of America to the Republic of Panama as
required by the Panama Canal Treaty of 1977;
‘‘(4) such a payment—
‘‘(A) may be in an amount determined by the Commis-
sion not to exceed $25,000; and
‘‘(B) may be made (notwithstanding the limitation
specified in subsection (c)(2)(D) of section 663) in the case
of an eligible employee who voluntarily separates (whether
by retirement or resignation) during the 90-day period
beginning on the date of the enactment of this section
or during the period beginning on October 1, 1998, and
ending on December 31, 1998;
H. R. 1119—440
‘‘(5) in the case of not more than 15 employees who (as
determined by the Commission) are unwilling to work for the
Panama Canal Authority after the Canal Transfer Date and
who occupy critical positions for which (as determined by the
Commission) at least two years of experience is necessary to
ensure that seasoned managers are in place on and after the
Canal Transfer Date, such a payment (notwithstanding para-
graph (4))—
‘‘(A) may be in an amount determined by the Commis-
sion not to exceed 50 percent of the basic pay of the
employee; and
‘‘(B) may be made (notwithstanding the limitation
specified in subsection (c)(2)(D) of section 663) in the case
of such an employee who voluntarily separates (whether
by retirement or resignation) during the 90-day period
beginning on the date of the enactment of this section;
and
‘‘(6) the provisions of subsection (f) of section 663 shall
not apply.
‘‘(b) A decision by the Commission to exercise or to not exercise
the authority to pay a transition separation incentive under this
section shall not be subject to review under any statutory procedure
or any agency or negotiated grievance procedure except under any
of the laws referred to in section 2302(d) of title 5, United States
Code.’’.
SEC. 3527. LABOR-MANAGEMENT RELATIONS.
Section 1271 (22 U.S.C. 3701) is amended by adding at the
end the following new subsection:
‘‘(c)(1) This subsection applies to any matter that becomes the
subject of collective bargaining between the Commission and the
exclusive representative for any bargaining unit of employees of
the Commission during the period beginning on the date of the
enactment of this subsection and ending on the Canal Transfer
Date.
‘‘(2)(A) The resolution of impasses resulting from collective
bargaining between the Commission and any such exclusive rep-
resentative during that period shall be conducted in accordance
with such procedures as may be mutually agreed upon between
the Commission and the exclusive representative (without regard
to any otherwise applicable provisions of chapter 71 of title 5,
United States Code). Such mutually agreed upon procedures shall
become effective upon transmittal by the Chairman of the Super-
visory Board of the Commission to the Congress of notice of the
agreement to use those procedures and a description of those proce-
dures.
‘‘(B) The Federal Services Impasses Panel shall not have juris-
diction to resolve any impasse between the Commission and any
such exclusive representative in negotiations over a procedure for
resolving impasses.
‘‘(3) If the Commission and such an exclusive representative
do not reach an agreement concerning a procedure for resolving
impasses with respect to a bargaining unit and transmit notice
of the agreement under paragraph (2) on or before July 1, 1998,
the following shall be the procedure by which collective bargaining
impasses between the Commission and the exclusive representative
for that bargaining unit shall be resolved:
H. R. 1119—441
‘‘(A) If bargaining efforts do not result in an agreement,
either party may timely request the Federal Mediation and
Conciliation Service to assist in achieving an agreement.
‘‘(B) If an agreement is not reached within 45 days after
the date on which either party requests the assistance of the
Federal Mediation and Conciliation Service in writing (or within
such shorter period as may be mutually agreed upon by the
parties), the parties shall be considered to be at an impasse
and the Federal Mediation and Conciliation Service shall imme-
diately notify the Federal Services Impasses Panel of the Fed-
eral Labor Relations Authority, which shall decide the impasse.
‘‘(C) If the Federal Services Impasses Panel fails to issue
a decision within 90 days after the date on which notice under
subparagraph (B) is received by the Panel (or within such
shorter period as may be mutually agreed upon by the parties),
the efforts of the Panel shall be terminated.
‘‘(D) In such a case, the Chairman of the Panel (or another
member in the absence of the Chairman) shall immediately
determine the matter by a drawing (conducted in such manner
as the Chairman (or, in the absence of the Chairman, such
other member) determines appropriate) between the last offer
of the Commission and the last offer of the exclusive representa-
tive, with the offer chosen through such drawing becoming
the binding resolution of the matter.
‘‘(4) In the case of a notice of agreement described in paragraph
(2)(A) that is transmitted to the Congress as described in the
second sentence of that paragraph after July 1, 1998, the impasse
resolution procedures covered by that notice shall apply to any
impasse between the Commission and the other party to the agree-
ment that is unresolved on the date on which that notice is
transmitted to the Congress.’’.
SEC. 3528. AVAILABILITY OF PANAMA CANAL REVOLVING FUND FOR
SEVERANCE PAY FOR CERTAIN EMPLOYEES SEPARATED
BY PANAMA CANAL AUTHORITY AFTER CANAL TRANSFER
DATE.
(a) AVAILABILITY
OF REVOLVING FUND.—Section 1302(a) (22
U.S.C. 3712(a)) is amended by adding at the end the following
new paragraph:
‘‘(10) Payment to the Panama Canal Authority, not later
than the Canal Transfer Date, of such amount as is computed
by the Commission to be the future amount of severance pay
to be paid by the Panama Canal Authority to employees whose
employment with the Authority is terminated, to the extent
that such severance pay is attributable to periods of service
performed with the Commission before the Canal Transfer Date
(and assuming for purposes of such computation that the Pan-
ama Canal Authority, in paying severance pay to terminated
employees, will provide for crediting of periods of service with
the Commission).’’.
(b) 
STYLISTIC
AMENDMENTS.—Such 
section 
is 
further
amended—
(1) by striking out ‘‘for—’’ in the matter preceding para-
graph (1) and inserting in lieu thereof ‘‘for the following
purposes:’’;
(2) by capitalizing the initial letter of the first word in
each of paragraphs (1) through (9);
H. R. 1119—442
(3) by striking out the semicolon at the end of each of
paragraphs (1) through (7) and inserting in lieu thereof a
period; and
(4) by striking out ‘‘; and’’ at the end of paragraph (8)
and inserting in lieu thereof a period.
PART II—TRANSITION MATTERS RELATING TO
OPERATION AND ADMINISTRATION OF CANAL
SEC. 3541. ESTABLISHMENT OF PROCUREMENT SYSTEM AND BOARD
OF CONTRACT APPEALS.
Title III of the Panama Canal Act of 1979 (22 U.S.C. 3601
et seq.) is amended by inserting after the title heading the following
new chapter:
‘‘CHAPTER 1—PROCUREMENT
‘‘PROCUREMENT SYSTEM
‘‘SEC. 3101. (a) PANAMA CANAL ACQUISITION REGULATION.—
(1) The Commission shall establish by regulation a comprehensive
procurement system. The regulation shall be known as the ‘Panama
Canal Acquisition Regulation’ (in this section referred to as the
‘Regulation’) and shall provide for the procurement of goods and
services by the Commission in a manner that—
‘‘(A) applies the fundamental operating principles and
procedures in the Federal Acquisition Regulation;
‘‘(B) uses efficient commercial standards of practice; and
‘‘(C) is suitable for adoption and uninterrupted use by
the Republic of Panama after the Canal Transfer Date.
‘‘(2) The Regulation shall contain provisions regarding the
establishment of the Panama Canal Board of Contract Appeals
described in section 3102.
‘‘(b) SUPPLEMENT
TO
REGULATION.—The Commission shall
develop a Supplement to the Regulation (in this section referred
to as the ‘Supplement’) that identifies both the provisions of Federal
law applicable to procurement of goods and services by the Commis-
sion and the provisions of Federal law waived by the Commission
under subsection (c).
‘‘(c) WAIVER AUTHORITY.—(1) Subject to paragraph (2), the
Commission shall determine which provisions of Federal law should
not apply to procurement by the Commission and may waive those
laws for purposes of the Regulation and Supplement.
‘‘(2) For purposes of paragraph (1), the Commission may not
waive—
‘‘(A) section 27 of the Office of Federal Procurement Policy
Act (41 U.S.C. 423);
‘‘(B) the Contract Disputes Act of 1978 (41 U.S.C. 601
et seq.), other than section 10(a) of such Act (41 U.S.C. 609(a));
or
‘‘(C) civil rights, environmental, or labor laws.
‘‘(d) 
CONSULTATION
WITH
ADMINISTRATOR
FOR
FEDERAL
PROCUREMENT POLICY.—In establishing the Regulation and develop-
ing the Supplement, the Commission shall consult with the
Administrator for Federal Procurement Policy.
H. R. 1119—443
‘‘(e) EFFECTIVE DATE.—The Regulation and the Supplement
shall take effect on the date of publication in the Federal Register,
or January 1, 1999, whichever is earlier.
‘‘PANAMA CANAL BOARD OF CONTRACT APPEALS
‘‘SEC. 3102. (a) ESTABLISHMENT.—(1) The Secretary of Defense,
in consultation with the Commission, shall establish a board of
contract appeals, to be known as the Panama Canal Board of
Contract Appeals, in accordance with section 8 of the Contract
Disputes Act of 1978 (41 U.S.C. 607). Except as otherwise provided
by this section, the Panama Canal Board of Contract Appeals (in
this section referred to as the ‘Board’) shall be subject to the
Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.) in the same
manner as any other agency board of contract appeals established
under that Act.
‘‘(2) The Board shall consist of three members. At least one
member of the Board shall be licensed to practice law in the
Republic of Panama. Individuals appointed to the Board shall take
an oath of office, the form of which shall be prescribed by the
Secretary of Defense.
‘‘(b) EXCLUSIVE JURISDICTION TO DECIDE APPEALS.—Notwith-
standing section 10(a)(1) of the Contract Disputes Act of 1978
(41 U.S.C. 609(a)(1)) or any other provision of law, the Board
shall have exclusive jurisdiction to decide an appeal from a decision
of a contracting officer under section 8(d) of such Act (41 U.S.C.
607(d)).
‘‘(c) EXCLUSIVE JURISDICTION TO DECIDE PROTESTS.—The Board
shall decide protests submitted to it under this subsection by
interested parties in accordance with subchapter V of title 31,
United States Code. Notwithstanding section 3556 of that title,
section 1491(b) of title 28, United States Code, and any other
provision of law, the Board shall have exclusive jurisdiction to
decide such protests. For purposes of this subsection—
‘‘(1) except as provided in paragraph (2), each reference
to the Comptroller General in sections 3551 through 3555 of
title 31, United States Code, is deemed to be a reference to
the Board;
‘‘(2) the reference to the Comptroller General in section
3553(d)(3)(C)(ii) of such title is deemed to be a reference to
both the Board and the Comptroller General;
‘‘(3) the report required by paragraph (1) of section 3554(e)
of such title shall be submitted to the Comptroller General
as well as the committees listed in such paragraph;
‘‘(4) the report required by paragraph (2) of such section
shall be submitted to the Comptroller General as well as
Congress; and
‘‘(5) section 3556 of such title shall not apply to the Board,
but nothing in this subsection shall affect the right of an
interested party to file a protest with the appropriate contract-
ing officer.
‘‘(d) PROCEDURES.—The Board shall prescribe such procedures
as may be necessary for the expeditious decision of appeals and
protests under subsections (b) and (c).
‘‘(e) COMMENCEMENT.—The Board shall begin to function as
soon as it has been established and has prescribed procedures
under subsection (d), but not later than January 1, 1999.