[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1344 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1344

     To amend the Panama Canal Act of 1979, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 16, 1997

   Mr. Bateman (for himself and Mr. Abercrombie) (both by request), 
 introduced the following bill; which was referred to the Committee on 
                           National Security

_______________________________________________________________________

                                 A BILL


 
     To amend the Panama Canal Act of 1979, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. ADMINISTRATOR.

    Section 1103 of the Panama Canal Act of 1979 (22 U.S.C. 3613) is 
amended--
            (1) by adding a new subsection (c) to read as follows:
    ``(c) Congress consents to the Administrator of the Panama Canal 
Commission accepting an appointment by the Government of Panama to the 
position of Administrator of the Panama Canal Authority, for which the 
consent of Congress is required by the 8th clause of section 9 of 
article I of the Constitution of the United States, relating to 
acceptance of emolument, office or title from a foreign State, provided 
that in his capacity as Administrator of the Panama Canal Authority, he 
shall serve without compensation, except for travel and entertainment 
expenses, including per diem payments.'';
            (2) by adding a new subsection (d) to read as follows:
    ``(d) An Administrator of the Panama Canal Commission, who is also 
appointed by the Government of Panama as the Administrator of the 
Panama Canal Authority, shall be exempt from the Foreign Agents 
Registration Act of 1938, as amended.''; and
            (3) by adding a new subsection (e) to read as follows:
    ``(e) An Administrator of the Panama Canal Commission, who is also 
appointed officially by the Government of Panama as the Administrator 
of the Panama Canal Authority, shall be exempt from the restrictions 
of--
            ``(1) sections 203 and 205 of title 18, United States Code, 
        when officially acting as an agent or attorney of or otherwise 
        representing the Panama Canal Authority;
            ``(2) section 207 of title 18, United States Code, 
        following termination of appointment as Administrator of the 
        Panama Canal Commission at noon, December 31, 1999, but only 
        for official actions as an officer of the Panama Canal 
        Authority;
            ``(3) section 208 of title 18, United States Code, when 
        disqualification is required only because of service as an 
        officer, director, or employee of the Panama Canal Authority 
        and the arrangement for future employment with the Authority 
        that arises out of the appointment as Administrator of the 
        Authority. All other financial interests that are disqualifying 
        under section 208(a) shall remain disqualifying but eligible 
        for waiver or exemption under section 208(b); and
            ``(4) sections 501(a) and 502(a)(4) of title 5, United 
        States Code, Appendix, for compensation received for, and 
        service in, the position of the Administrator of the Panama 
        Canal Authority.''.

SEC. 2. TRANSITION SEPARATION INCENTIVE PAYMENT.

    Title I of the Panama Canal Act of 1979 is amended in chapter 2 (22 
U.S.C. 3641 et seq.) by adding at the end of subchapter III the 
following new section:

               ``transition separation incentive payment

    ``Sec. 1233. (a) Notwithstanding section 663 of Public Law 104-208, 
the Commission may offer and pay a transition separation incentive to 
an employee if, in its sole discretion, the Commission determines such 
separation is necessary to the successful transfer of the Canal 
enterprise by the United States to the Republic of Panama, as required 
by the Panama Canal Treaty of 1977.
    ``(b) For the purpose of this section, the term `employee' means an 
individual serving in the Republic of Panama in a position with the 
Commission for a continuous period of at least 3 years under an 
appointment without time limitation, who is covered under either the 
Civil Service Retirement System (CSRS) or the Federal Employees' 
Retirement System (FERS), but does not include--
            ``(1) a reemployed annuitant under chapter 83 or chapter 84 
        of title 5, United States Code; or
            ``(2) an employee having a disability on the basis of which 
        such employee is or would be eligible for disability retirement 
        under the applicable retirement system referenced in paragraph 
        (1).
            ``(3) an employee who is in receipt of a specific notice of 
        involuntary separation for misconduct or unacceptable 
        performance;
            ``(4) an employee who, upon completing an additional period 
        of service as referred to in section 3(b)(2)(B)(ii) of the 
        Federal Workforce Restructuring Act of 1994 (5 U.S.C. 5597 
        note), would qualify for a voluntary separation incentive 
        payment under section 3 of such Act;
            ``(5) an employee who has previously received any voluntary 
        separation incentive payment by the Federal Government under 
        this section or any other authority and has not repaid such 
        payment; or
            ``(6) an employee covered by statutory reemployment rights 
        who is on transfer to another organization.
    ``(c)(1) Prior to obligating any resources for transition 
separation incentive payments, the Commission shall submit to the House 
and Senate Committees on Appropriations and the Committee on 
Governmental Affairs of the Senate, and the Committee on Government 
Reform and Oversight of the House of Representatives a strategic plan 
outlining the intended use of such incentive payments.
    ``(2) The Commission's plan shall include--
            ``(A) the positions to be affected, identified by 
        occupational 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.
    ``(d)(1) A transition separation incentive payment may be paid to 
any employee only to the extent necessary to facilitate the successful 
transfer of the Panama Canal as identified by the strategic plan.
    ``(2) A separation incentive payment--
            ``(A) shall be paid in a lump sum after the employee's 
        separation;
            ``(B) shall be paid from the Panama Canal Revolving Fund;
            ``(C) shall be in an amount determined by the Administrator 
        not to exceed 50 percent of basic pay;
            ``(D) may not be made except in the case of any qualifying 
        employee who voluntarily separates (whether by retirement or 
        resignation) within 180 days of the date of enactment of this 
        provision;
            ``(E) shall not be a basis for payment, and shall not be 
        included in the computation, of any other type of Government 
        benefit; and
            ``(F) shall not be taken into account in determining the 
        amount of any severance pay to which the employee may be 
        entitled under section 5595 of title 5, United States Code, 
        based on any other separation.
    ``(e) The decision to exercise or forego the authority to offer 
payments under this section shall not be subject to challenge under any 
statutory procedure or any agency or negotiated grievance procedure.
    ``(f) Additional Agency Contributions to the Retirement Fund.--
            ``(1) In general.--In addition to any other payments which 
        it is required to make under subchapter III of chapter 83 of 
        title 5, United States Code, an agency shall remit to the 
        Office of Personnel Management for deposit in the Treasury of 
        the United States to the credit of the Civil Service Retirement 
        and Disability Fund an amount equal to 15 percent of the final 
        basic pay of each employee of the agency who is covered under 
        subchapter III of chapter 83 or chapter 84 of title 5, United 
        States Code, to whom a transition separation incentive has been 
        paid under this section.
            ``(2) Definition.--For the purpose of paragraph (1), the 
        term `final basic pay', with respect to an employee, means the 
        total amount of basic pay which would be payable for a year of 
        service by such employee, computed using the employee's final 
        rate of basic pay, and, if last serving on other than a full-
        time basis, with appropriate adjustment therefor.
    ``(g) Effect of Subsequent Employment With the Government.--An 
individual who has received a transition separation incentive payment 
under this section and accepts any employment for compensation with the 
Government of the United States, or who works for any agency of the 
United States Government through a personal services contract, within 5 
years after the date of the separation on which the payment is based 
shall be required to pay, prior to the individual's first day of 
employment, the entire amount of the incentive payment to the Treasury 
of the United States.''.

SEC. 3. PROCUREMENT; BOARD OF CONTRACT APPEALS.

    Title III of the Panama Canal Act of 1979 is amended by adding a 
new chapter 1 to read as follows:

                        ``CHAPTER 1--PROCUREMENT

                          ``procurement system

    ``Sec. 3101. (a) The Commission shall establish a comprehensive 
procurement system by regulation which shall be entitled the Panama 
Canal Acquisition Regulation. The regulation shall--
            ``(1) preserve the fundamental operating principles and 
        procedures contained in the Federal Acquisition Regulation 
        while reflecting efficient commercial standards of practice and 
        preparing the Canal's procurement system for a smooth transfer 
        to administration by the Government of Panama pursuant to the 
        Panama Canal Treaty of 1977;
            ``(2) be the subject of consultation with the Administrator 
        of the Office of Federal Procurement Policy;
            ``(3) be supplemented by a regulation containing those 
        provisions and terms specifically required by United States 
        laws, which shall include a transitional list of provisions of 
        law that the Commission determines shall be inapplicable to 
        itself, which shall not include those laws listed in subsection 
        (b), below: Provided, That prior to December 31, 1999, nothing 
        in this Act shall be construed to authorize the waiver of civil 
        rights, environmental or labor standards laws applicable to 
        Federal contracts. Such list shall not be effective prior to 
        July 1, 1998, and shall be effective only through noon on 
        December 31, 1999, at which time United States management of 
        the Panama Canal will end; and
            ``(4) take effect upon publication in the Federal Register, 
        not later than January 1, 1999.
    ``(b) subject to section 3102, the Commission shall continue to be 
governed by the Contract Disputes Act of 1978, as amended (41 U.S.C. 
601-613), section 2741(a) of the Deficit Reduction Act of 1984 
(`Procurement Protest System'), as amended (31 U.S.C. 3551-3556), and 
the Procurement Integrity Act, as amended (41 U.S.C. 423).

                ``panama canal board of contract appeals

    ``Sec. 3102. (a) Except as provided elsewhere in this section, a 
Panama Canal Board of Contract Appeals shall be established and 
appointed by the Secretary of Defense, in consultation with the 
Commission in accordance with, and shall function pursuant to, the 
provisions of the Contract Disputes Act of 1978.
    ``(b) The Panama Canal Board of Contract Appeals shall consist of 
three full-time members and, in addition to the requirements of 41 
U.S.C. 607(b)(1), at least one member of the Panama Canal Board of 
Contract Appeals shall be licensed to practice law in the Republic of 
Panama. Individuals appointed to the Panama Canal Board of Contract 
Appeals shall take an oath of office, the form of which shall be 
prescribed by the Secretary of Defense, notwithstanding any other 
provision of law.
    ``(c) Notwithstanding any other provision of law, the Panama Canal 
Board of Contract Appeals shall have exclusive jurisdiction to decide 
any appeal from a decision of a contracting officer under 41 U.S.C. 
607(d).
    ``(d) Except as provided elsewhere in this section, and 
notwithstanding any other provision of law, the Panama Canal Board of 
Contract Appeals shall also have exclusive jurisdiction to decide all 
protests by interested parties concerning procurement actions in 
accordance with the requirements of 31 U.S.C. 3551 through 3555. Its 
jurisdiction to decide all such protests shall be exclusive. 
Accordingly, for the Panama Canal Commission--
            ``(1) except as provided elsewhere in this section, 
        wherever `Comptroller General' appears in 31 U.S.C. 3551 
        through 3555 it shall refer, instead, to the Panama Canal Board 
        of Contract Appeals;
            ``(2) the reference to `Comptroller General' in 31 U.S.C. 
        3553(d)(3)(C)(ii) shall be, instead, to the Panama Canal Board 
        of Contract Appeals and the Comptroller General of the United 
        States;
            ``(3) add the Comptroller General of the United States to 
        the first sentence of 31 U.S.C. 3554(e)(1) after `House of 
        Representatives';
            ``(4) add the Comptroller General of the United States to 
        the first sentence of 31 U.S.C. 3554(e)(2) after `Congress'; 
        and
            ``(5) none of the provisions of 31 U.S.C. 3556 shall apply 
        to the Commission except nothing in this section shall affect 
        the right of any interested party to file a protest with the 
        cognizant contracting officer.
    ``(e) The Panama Canal Board of Contract Appeals shall, in 
accordance with the provisions of this section, prescribe such written 
procedures as may be necessary for the expeditious decision of appeals 
and protests under subsections (c) and (d).
    ``(f) The Panama Canal Board of Contract Appeals shall begin to 
function as soon as it has been constituted and has issued the 
procedures referred to in subsection (e), but not later than January 1, 
1999.
    ``(g) The provisions of subsection (c) shall apply to all appeals 
for which no valid notice of appeal, and the provisions of subsection 
(d) shall apply to all protests for which no valid protest, was filed 
prior to the date the Panama Canal Board of Contract Appeals begins to 
function. Appeals and protests filed before said date shall remain 
before the forum in which they were filed.
    ``(h) The Panama Canal Board of Contract Appeals may perform 
functions similar to those described in this section for such other 
matters or activities of the Commission as the Commission may determine 
and in accordance with its regulations.''.

SEC. 4. EXPEDITED IMPASSE PROCEDURES.

    (a) Section 1271(a) of the Panama Canal Act of 1979 is amended by 
adding at the end the following:
            ``(4) in the event bargaining efforts do not result in an 
        agreement and the services of the Federal Mediation and 
        Conciliation Service or the Federal Service Impasses Panel are 
        requested--
                    ``(A) the Federal Mediation and Conciliation 
                Service shall conclude its efforts within 30 calendar 
                days of the date its assistance begins, or within such 
                time as the parties may mutually agree; and
                    ``(B) the Federal Service Impasses Panel shall be 
                required to decide an impasse within 90 calendar days 
                of the date its services are requested, or within such 
                time as the parties may mutually agree. The failure of 
                the FSIP to issue a decision within 90 days, or the 
                mutually agreed time limit, shall not affect any 
                obligation to maintain the status quo, except as 
                permitted under a collective bargaining agreement or 
                chapter 71 of title 5, United States Code.''.
    (b) Retroactivity.--Paragraph (4) shall apply to all matters that 
are or become subjects of collective bargaining on or after the 
effective date of this Act.
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