H. R. 3616—351
‘‘to section 1419(b) of this Act and’’ after ‘‘Subject’’ in the first
sentence.
(2) Section 1412 (22 U.S.C. 3772) is amended by striking out
‘‘The Commission’’ in the first sentence and inserting in lieu thereof
‘‘Subject to section 1419(b) of this Act, the Commission’’.
(3) Section 1416 (22 U.S.C. 3776) is amended by striking out
‘‘A claimant’’ in the first sentence and inserting in lieu thereof
‘‘Subject to section 1419(b) of this Act, a claimant’’.
(b) AUTHORITY TO REQUIRE CLAIMANTS TO BE COVERED BY
INSURANCE.—Section 1419 (22 U.S.C. 3779) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘The Commission’’; and
(2) by adding at the end the following:
‘‘(b)(1) The Commission may by regulation require as a condi-
tion of transit through the Panama Canal or presence in the Pan-
ama Canal or waters adjacent thereto that any potential claimant
under section 1411 or 1412 of this Act be covered by insurance
against the types of injuries described in those sections. The amount
of insurance so required shall be specified in those regulations,
but may not exceed $1,000,000.
‘‘(2) In a claim under section 1411 or 1412 of this Act for
which the Commission has required insurance under this sub-
section, the Commission’s liability shall be limited to the amount
of damages in excess of the amount of insurance required by the
Commission.
‘‘(3) In regulations under this subsection, the Commission may
prohibit consideration or payment by it of claims presented by
or on behalf of an insurer or subrogee of a claimant in a case
for which the Commission has required insurance under this sub-
section.’’.
SEC. 3510. PANAMA CANAL BOARD OF CONTRACT APPEALS.
(a) ESTABLISHMENT AND PAY OF BOARD.—Section 3102(a) (22
U.S.C. 3862(a)) is amended—
(1) in paragraph (1), by striking out ‘‘shall’’ in the first
sentence and inserting in lieu thereof ‘‘may’’; and
(2) by adding at the end the following new paragraph:
‘‘(3) Compensation for members of the Board of Contract
Appeals shall be established by the Commission’s supervisory board.
The annual compensation established for members may not exceed
the rate of basic pay established for level IV of the Executive
Schedule under section 5315 of title 5, United States Code. The
compensation of a member may not be reduced during the member’s
term of office from the level established at the time of the appoint-
ment of the member.’’.
(b) DEADLINE FOR COMMENCEMENT OF BOARD.—Section 3102(e)
(22 U.S.C. 3862(e)) is amended by striking out ‘‘, but not later
than January 1, 1999’’.
SEC. 3511. RESTATEMENT OF REQUIREMENT THAT SECRETARY OF
DEFENSE DESIGNEE ON PANAMA CANAL COMMISSION
SUPERVISORY BOARD BE A CURRENT OFFICER OF THE
DEPARTMENT OF DEFENSE.
(a) AUTHORITY.—Section 1102(a) (22 U.S.C. 3612(a)) is
amended—
(1) by striking out the first sentence and inserting in lieu
thereof the following: ‘‘The Commission shall be supervised
by a Board composed of nine members, one of whom shall
be an officer of the Department of Defense. The officer of
H. R. 3616—352
the Department of Defense who shall serve on the Board shall
be designated by the Secretary of Defense and may continue
to serve on the Board only while continuing to serve as an
officer of the Department of Defense.’’; and
(2) in the last sentence, by striking out ‘‘Secretary of
Defense or a designee of the Secretary of Defense’’ and inserting
in lieu thereof ‘‘the officer of the Department of Defense des-
ignated by the Secretary of Defense to be a member of the
Board’’.
(b) REPEAL OF SUPERSEDED PROVISION.—Section 302 of Public
Law 105–18 (111 Stat. 168) is repealed.
SEC. 3512. TECHNICAL AMENDMENTS.
(a) PANAMA CANAL ACT OF 1979.—The Panama Canal Act of
1979 is amended as follows:
(1) Section 1202(c) (22 U.S.C. 3642(c)) is amended—
(A) by striking out ‘‘the day before the date of the
enactment of the Panama Canal Transition Facilitation
Act of 1997’’ and inserting in lieu thereof ‘‘November 17,
1997,’’;
(B) by striking out ‘‘on or after that date’’; and
(C) by striking out ‘‘the day before the date of enact-
ment’’ and inserting in lieu thereof ‘‘that date’’.
(2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended
by inserting ‘‘the’’ after ‘‘by the head of’’.
(3) Section 1313 (22 U.S.C. 3723) is amended by striking
out ‘‘subsection (d)’’ in each of subsections (a), (b), and (d)
and inserting in lieu thereof ‘‘subsection (c)’’.
(4) Sections 1411(a) and 1412 (22 U.S.C. 3771(a), 3772)
are amended by striking out ‘‘the date of the enactment of
the Panama Canal Transition Facilitation Act of 1997’’ and
inserting in lieu thereof ‘‘by November 18, 1998’’.
(5) Section 1416 (22 U.S.C. 3776) is amended by striking
out ‘‘the date of the enactment of the Panama Canal Transition
Facilitation Act of 1997’’ and inserting in lieu thereof ‘‘by May
17, 1998’’.
(b) PUBLIC LAW 104–201.—Effective as of September 23, 1996,
and as if included therein as enacted, section 3548(b)(3) of the
Panama Canal Act Amendments of 1996 (subtitle B of title XXXV
of Public Law 104–201; 110 Stat. 2869) is amended by striking
out ‘‘section’’ in both items of quoted matter and inserting in lieu
thereof ‘‘sections’’.
TITLE XXXVI—MARITIME
ADMINISTRATION
Sec. 3601. Authorization of appropriations for fiscal year 1999.
Sec. 3602. Authority to convey National Defense Reserve Fleet vessel.
Sec. 3603. Authority to convey certain National Defense Reserve Fleet vessels.
Sec. 3604. Clearinghouse for maritime information.
Sec. 3605. Conveyance of NDRF vessel ex-USS LORAIN COUNTY.
SEC. 3601. AUTHORIZATION OF APPROPRIATIONS FOR FISCAL YEAR
1999.
Funds are hereby authorized to be appropriated for fiscal year
1999, to be available without fiscal year limitation if so provided
in appropriations Act, for the use of the Department of Transpor-
tation for the Maritime Administration as follows:
H. R. 3616—353
(1) For expenses necessary for operations and training
activities, $70,553,000.
(2) For expenses under the loan guarantee program author-
ized by title XI of the Merchant Marine Act, 1936 (46 U.S.C.
App. 1271 et seq.), $20,000,000 of which—
(A) $16,000,000 is for the cost (as defined in section
502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C.
661a(5))) of loan guarantees under the program; and
(B) $4,000,000 is for administrative expenses related
to loan guarantee commitments under the program.
SEC. 3602. AUTHORITY TO CONVEY NATIONAL DEFENSE RESERVE
FLEET VESSEL.
(a) AUTHORITY TO CONVEY.—The Secretary of Transportation
may convey all right, title, and interest of the United States Govern-
ment in and to the vessel M/V BAYAMON (United States official
number 530007) to a purchaser for use as a self-propelled floating
trade exposition to showcase United States technology, industrial
products, and services.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY OF VESSEL.—In carrying out subsection (a),
the Secretary shall deliver the vessel—
(A) at the place where the vessel is located on the
date of conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Government.
(2) REQUIRED CONDITIONS.—The Secretary may not convey
a vessel under this section unless—
(A) competitive procedures are used for sales under
this section;
(B) the vessel is sold for not less than the fair market
value of the vessel in the United States, as determined
by the Secretary of Transportation;
(C) the recipient agrees that any repair, except for
emergency repairs, restoration, or reconstruction work for
the vessel will be performed in the United States;
(D) the recipient agrees to hold the Government harm-
less for any claims arising from exposure to hazardous
material, including asbestos and polychlorinated biphenyls,
after the conveyance of the vessel, except for claims arising
before the date of the conveyance or from use of the vessel
by the Government after that date; and
(E) the recipient provides sufficient evidence to the
Secretary that it has adequate financial resources in the
form of cash, liquid assets, or a written loan commitment
to complete the reconstruction of the vessel.
(3) ADDITIONAL TERMS.—The Secretary may require such
additional terms in connection with the conveyance authorized
by this section as the Secretary considers appropriate.
(c) PROCEEDS.—Any amounts received by the United States
as proceeds from the sale of the M/V BAYAMON shall be deposited
in the Vessel Operations Revolving Fund established by section
801 of the Act of June 2, 1951 (65 Stat. 59; 46 U.S.C. App. 1241a)
and shall be available and expended in accordance with section
6(a) of the National Maritime Heritage Act (16 U.S.C. App. 5405(a)).
H. R. 3616—354
SEC. 3603. AUTHORITY TO CONVEY CERTAIN NATIONAL DEFENSE
RESERVE FLEET VESSELS.
(a) AUTHORITY TO CONVEY.—The Secretary of Transportation
may convey all right, title, and interest of the United States Govern-
ment in and to the vessels BENJAMIN ISHERWOOD (TAO–191)
and HENRY ECKFORD (TAO–192) to a purchaser for the limited
purpose of reconstruction of those vessels for sale or charter to
a North Atlantic Treaty Organization country for full use as an
oiler.
(b) TERMS OF CONVEYANCE.—
(1) DELIVERY OF VESSEL.—In carrying out subsection (a),
the Secretary shall deliver the vessel—
(A) at the place where the vessel is located on the
date of the conveyance;
(B) in its condition on that date; and
(C) at no cost to the United States Government.
(2) REQUIRED CONDITIONS.—The Secretary may not convey
a vessel under this section unless—
(A) competitive procedures are used for sales under
this section;
(B) the vessel is sold for not less than the fair market
value of the vessel in the United States, as determined
by the Secretary of Transportation;
(C) the recipient agrees that any repair, except for
emergency repairs, restoration, or reconstruction work for
the vessel will be performed in the United States;
(D) the recipient agrees to hold the Government harm-
less for any claims arising from defects in the vessel or
from exposure to hazardous material, including asbestos
and polychlorinated biphenyls, after the conveyance of the
vessel, except for claims arising before the date of the
conveyance or from use of the vessel by the Government
after that date;
(E) the recipient provides sufficient evidence to the
Secretary that it has adequate financial resources in the
form of cash, liquid assets, or a written loan commitment
to complete the reconstruction of the vessel; and
(F) with respect to the vessel, the recipient remains
subject to all laws and regulations governing the export
of military items, including the requirements administered
by the Department of State regarding export licenses and
certification of nontransfer end use.
(3) ADDITIONAL TERMS.—The Secretary may require such
additional terms in connection with a conveyance authorized
by this section as the Secretary considers appropriate.
(c) PROCEEDS.—Any amounts received by the United States
as proceeds from the sale of a vessel under this section shall
be deposited in the Vessel Operations Revolving Fund established
by section 801 of the Act of June 2, 1951 (65 Stat. 59; 46 U.S.C.
App. 1241a) and shall be available and expended in accordance
with section 6(a) of the National Maritime Heritage Act (16 U.S.C.
App. 5405(a)).
SEC. 3604. CLEARINGHOUSE FOR MARITIME INFORMATION.
Of the amount authorized to be appropriated pursuant to sec-
tion 3601(1) for operations of the Maritime Administration, $75,000