Panama Canal PUBLIC LAW 104-106-FEB. 10, 1996 all claims against the United States by the State of California SEC. 3416. STUDY OF FUTURE OF OTHER NAVAL PETROLEUM (a) STUDY REQUIRED.-The Secretary of Energy shall conduct a study to determine which of the following options, or combinations of options, regarding the naval petroleum reserves (other than Naval Petroleum Reserve Numbered 1) would maximize the value of the reserves to the United States: (1) Retention and operation of the naval petroleum reserves by the Secretary under chapter 641 of title 10, United States Code. (2) Transfer of all or a part of the naval petroleum reserves to the jurisdiction of another Federal agency for administration under chapter 641 of title 10, United States Code. (3) Transfer of all or a part of the naval petroleum reserves to the Department of the Interior for leasing in accordance with the Mineral Leasing Act (30 U.S.C. 181 et seq.) and surface management in accordance with the Federal Land Policy and Management Act (43 U.S.C. 1701 et seq.). (4) Sale of the interest of the United States in the naval petroleum reserves. (b) CONDUCT OF STUDY.-The Secretary shall retain an independent petroleum consultant to conduct the study. (c) CONSIDERATIONS UNDER STUDY.-An examination of the value to be derived by the United States from the transfer or sale of the naval petroleum reserves shall include an assessment and estimate of the fair market value of the interest of the United States in the naval petroleum reserves. The assessment and estimate shall be made in a manner consistent with customary property valuation practices in the oil and gas industry. (d) REPORT AND RECOMMENDATIONS REGARDING STUDY.—Not later than June 1, 1996, the Secretary shall submit to Congress a report describing the results of the study and containing such recommendations (including proposed legislation) as the Secretary considers necessary to implement the option, or combination of options, identified in the study that would maximize the value of the naval petroleum reserves to the United States. TITLE XXXV-PANAMA CANAL Subtitle A-Authorization of SEC. 3501. SHORT TITLE. This subtitle may be cited as the "Panama Canal Commission Authorization Act for Fiscal Year 1996". SEC. 3502. AUTHORIZATION OF EXPENDITURES. (a) IN GENERAL.-Subject to subsection (b), the Panama Canal Commission is authorized 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 without regard to fiscal year limitations, as may be necessary under the Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) for the operation, maintenance, and improvement of the Panama Canal for fiscal year 1996. PUBLIC LAW 104-106-FEB. 10, 1996 (b) LIMITATIONS.-For fiscal year 1996, the Panama Canal Commission may expend from funds in the Panama Canal Revolving Fund not more than $50,741,000 for administrative expenses, of which (1) not more than $15,000 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 Commission; and (3) not more than $45,000 may be used for official reception and representation expenses of the Administrator of the Commission. (c) REPLACEMENT VEHICLES.-Funds available to the Panama Canal Commission shall be available for the purchase of not to exceed 38 passenger motor vehicles (including large heavy-duty vehicles to be used to transport Commission personnel across the isthmus of Panama) at a cost per vehicle of not more than $19,500. A vehicle may be purchased with such funds only as necessary to replace another passenger motor vehicle of the Commission. SEC. 3503. EXPENDITURES IN ACCORDANCE WITH OTHER LAWS. 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. Subtitle B-Reconstitution of Commission as Government Corporation SEC. 3521. SHORT TITLE. This subtitle may be cited as the "Panama Canal Amendments Act of 1995". SEC. 3522. RECONSTITUTION OF COMMISSION AS GOVERNMENT COR PORATION. (a) IN GENERAL.-Section 1101 of the Panama Canal Act of 1979 (22 U.S.C. 3611) is amended to read as follows: "ESTABLISHMENT, PURPOSES, OFFICES, AND RESIDENCE OF COMMISSION "SEC. 1101. (a) For the purposes of managing, operating, and maintaining the Panama Canal and its complementary works, installations and equipment, and of conducting operations incident thereto, in accordance with the Panama Canal Treaty of 1977 and related agreements, the Panama Canal Commission (hereinafter in this Act referred to as the 'Commission') is established as a wholly owned government corporation (as that term is used in chapter 91 of title 31, United States Code) within the executive branch of the Government of the United States. The authority of the President with respect to the Commission shall be exercised through the Secretary of Defense. "(b) The principal office of the Commission shall be located in the Republic of Panama in one of the areas made available for use of the United States under the Panama Canal Treaty of 1977 and related agreements, but the Commission may establish branch offices in such other places as it considers necessary or appropriate for the conduct of its business. Within the meaning of the laws of the United States relating to venue in civil actions, the Commission is an inhabitant and resident of the District of Columbia and the eastern judicial district of Louisiana.". Panama Canal Amendments Act of 1995. 22 USC 3601 note. 22 USC 3612a. PUBLIC LAW 104-106-FEB. 10, 1996 (b) CLERICAL AMENDMENT.-The item relating to such section in the table of contents in section 1 of such Act is amended to read as follows: "1101. Establishment, Purposes, Offices, and Residence of Commission.". SEC. 3523. SUPERVISORY BOARD. Section 1102 of the Panama Canal Act of 1979 (22 U.S.C. 3612) is amended by striking out so much as precedes subsection (b) and inserting in lieu thereof the following: "SUPERVISORY BOARD "SEC. 1102. (a) The Commission shall be supervised by a Board composed of nine members, one of whom shall be the Secretary of Defense or an officer of the Department of Defense designated by the Secretary. Not less than five members of the Board shall be nationals of the United States and the remaining members of the Board shall be nationals of the Republic of Panama. Three members of the Board who are nationals of the United States shall hold no other office in, and shall not be employed by, the Government of the United States, and shall be chosen for the independent perspective they can bring to the Commission's affairs. Members of the Board who are nationals of the United States shall cast their votes as directed by the Secretary of Defense or a designee of the Secretary of Defense.". SEC. 3524. GENERAL AND SPECIFIC POWERS OF COMMISSION. (a) IN GENERAL.-The Panama Canal Act of 1979 (22 U.S.C. 3601 et seq.) is amended by inserting after section 1102 the following new sections: "GENERAL POWERS OF COMMISSION "SEC. 1102a. (a) The Commission may adopt, alter, and use a corporate seal, which shall be judicially noticed. "(b) The Commission may by action of the Board of Directors adopt, amend, and repeal bylaws governing the conduct of its general business and the performance of the powers and duties granted to or imposed upon it by law. "(c) The Commission may sue and be sued in its corporate name, except that "(1) the amenability of the Commission to suit is limited by Article VIII of the Panama Canal Treaty of 1977, section 1401 of this Act, and otherwise by law; "(2) an attachment, garnishment, or similar process may not be issued against salaries or other moneys owed by the Commission to its employees except as provided by section 5520a of title 5, United States Code, and sections 459, 461, and 462 of the Social Security Act (42 U.S.C. 659, 661, 662), or as otherwise specifically authorized by the laws of the United States; and "(3) the Commission is exempt from the payment of interest on claims and judgments. "(d) The Commission may enter into contracts, leases, agreements, or other transactions. "(e) The Commission— "(1) may determine the character of, and necessity for, its obligations and expenditures and the manner in which they shall be incurred, allowed, and paid; and “(2) may incur, allow, and pay its obligations and expenditures, subject to pertinent provisions of law generally applicable to Government corporations. "(f) The Commission shall have the priority of the Government of the United States in the payment of debts out of bankrupt estates. "(g) The authority of the Commission under this section and section 1102B is subject to the Panama Canal Treaty of 1977 PUBLIC LAW 104-106-FEB. 10, 1996 and related agreements, and to chapter 91 of title 31, United States Code. "SPECIFIC POWERS OF COMMISSION "SEC. 1102b. (a) The Commission may manage, operate, and 22 USC 3612b. maintain the Panama Canal. "(b) The Commission may construct or acquire, establish, maintain, and operate such activities, facilities, and appurtenances as necessary and appropriate for the accomplishment of the purposes of this Act, including the following: "(1) Docks, wharves, piers, and other shoreline facilities. "(3) Marine railways, salvage and towing facilities, fuelhandling facilities, and motor transportation facilities. "(4) Power systems, water systems, and a telephone system. “(6) Living quarters and other buildings. "(7) Warehouses, storehouses, a printing plant, and manufacturing, processing, or service facilities in connection therewith. "(8) Recreational facilities. "(c) The Commission may use the United States mails in the same manner and under the same conditions as the executive departments of the Federal Government. "(d) The Commission may take such actions as are necessary or appropriate to carry out the powers specifically conferred upon it.". (b) CLERICAL AMENDMENT.-The table of contents in section 1 of such Act is amended by inserting after the item relating to section 1102 the following new items: "1102a. General powers of Commission. "1102b. Specific powers of Commission.". SEC. 3525. CONGRESSIONAL REVIEW OF BUDGET. Section 1302 of the Panama Canal Act of 1979 (22 U.S.C. 3712) is amended (1) in subsection (c)— (A) by striking out "and subject to paragraph (2)" in paragraph (1); and (B) by striking out paragraph (2); and (C) by redesignating paragraph (3) as paragraph (2); (2) by striking out subsection (e) and inserting in lieu thereof the following new subsection (e): "(e) In accordance with section 9104 of title 31, United States Code, Congress shall review the annual budget of the Commission.". SEC. 3526. AUDITS. (a) IN GENERAL.-Section 1313 of the Panama Canal Act of 1979 (22 U.S.C. 3723) is amended (1) by striking out the heading for the section and inserting in lieu thereof the following: "AUDITS"; (2) in subsection (a)— (A) by striking out "Financial transactions" and inserting in lieu thereof "Notwithstanding any other provision of law, and subject to subsection (d), financial transactions"; (B) by striking out "pursuant to the Accounting and Auditing Act of 1950 (31 U.S.C. 65 et seq.)"; (C) by striking out "audit pursuant to such Act" in the second sentence and inserting in lieu thereof "such audit"; (D) by striking out "An audit pursuant to such Act" in the last sentence and inserting in lieu thereof "Any such audit"; and Reports. Federal Register, publication. PUBLIC LAW 104-106-FEB. 10, 1996 (E) by adding at the end the following new sentence: "An audit performed under this section is subject to the requirements of paragraphs (2), (3), and (5) of section 9105(a) of title 31, United States Code."; (3) in subsection (b), by striking out "The Comptroller General" in the first sentence and inserting in lieu thereof "Subject to subsection (d), the Comptroller General"; and (4) by adding at the end the following new subsections: "(d) At the discretion of the Board provided for in section 1102, the Commission may hire independent auditors to perform, in lieu of the Comptroller General, the audit and reporting functions prescribed in subsections (a) and (b). "(e) In addition to auditing the financial statements of the Commission, the Comptroller General (or the independent auditor if one is employed pursuant to subsection (d)) shall, in accordance with standards for an examination of a financial forecast established by the American Institute of Certified Public Accountants, examine and report on the Commission's financial forecast that it will be in a position to meet its financial liabilities on December 31, 1999.". (b) CLERICAL AMENDMENT.-The item relating to such section in the table of contents in section 1 of such Act is amended to read as follows: "1313. Audits.". SEC. 3527. PRESCRIPTION OF MEASUREMENT RULES AND RATES OF Section 1601 of the Panama Canal Act of 1979 (22 U.S.C. 3791) is amended to read as follows: "PRESCRIPTION OF MEASUREMENT RULES AND RATES OF TOLLS "SEC. 1601. The Commission may, subject to the provisions of this Act, prescribe and from time to time change "(1) the rules for the measurement of vessels for the Panama Canal; and "(2) the tolls that shall be levied for use of the Panama Canal.". SEC. 3528. PROCEDURES FOR CHANGES IN RULES OF MEASUREMENT Section 1604 of the Panama Canal Act of 1979 (22 U.S.C. 3794) is amended (1) in subsection (a), by striking out "1601(a)" in the first sentence and inserting in lieu thereof "1601"; (2) by striking out subsection (c) and inserting in lieu thereof the following new subsection (c): "(c) After the proceedings have been conducted pursuant to subsections (a) and (b), the Commission may change the rules of measurement or rates of tolls, as the case may be. The Commission shall publish notice of any such change in the Federal Register not less than 30 days before the effective date of the change."; and (3) by striking out subsections (d) and (e) and redesignating subsection (f) as subsection (d). SEC. 3529. MISCELLANEOUS TECHNICAL AMENDMENTS. The Panama Canal Act of 1979 is amended (1) in section 1205 (22 U.S.C. 3645), by striking out "appropriation" in the last sentence and inserting in lieu thereof "fund"; (2) in section 1303 (22 U.S.C. 3713), by striking out "The authority of this section may not be used for administrative expenses."; (3) in section 1321(d) (22 U.S.C. 3731(d)), by striking out "appropriations or" in the second sentence; |