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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 Ad-
ministrator of the Commission of appointment by the Re-
public 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 Republic of Pan-
ama of travel and entertainment expenses, including per
diem payments.’’.
(b) WAIVER
OF
CERTAIN
CONFLICT-OF-INTEREST
STATUTES.—Such section is further amended by adding at
the end the following new subsections:
‘‘(d) The Administrator, with respect to participation
in any matter as Administrator of the Panama Canal Com-
mission (whether such participation is before, on, or after
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the date of the enactment of the Panama Canal Transition
Facilitation Act of 1997), shall not be subject to section 208
of title 18, United States Code, insofar as the matter relates
to prospective employment as Administrator of the Panama
Canal Authority.
‘‘(e) If the Republic of Panama appoints as the Ad-
ministrator of the Panama Canal Authority the individual
serving as the Administrator of the Commission and if that
individual accepts the appointment—
‘‘(1) 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;
‘‘(2) that individual, with respect to participa-
tion in any matter as the Administrator of the Pan-
ama Canal Commission, is not subject to section 208
of title 18, United States Code, insofar as the matter
relates to service as, or performance of the duties of,
the Administrator of the Panama Canal Authority;
and
‘‘(3) that individual, with respect to official acts
performed as the Administrator of the Panama Canal
Authority, is not subject to the following:
‘‘(A) Sections 203 and 205 of title 18, Unit-
ed States Code.
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‘‘(B) Effective upon termination of the indi-
vidual’s appointment as Administrator of the
Panama Canal Commission at noon on the
Canal Transfer Date, section 207 of title 18,
United States Code.
‘‘(C) 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.’’.
SEC. 3522. POST-CANAL TRANSFER PERSONNEL AUTHORI-
TIES.
(a) WAIVER
OF CERTAIN POST-EMPLOYMENT RE-
STRICTIONS FOR COMMISSION PERSONNEL BECOMING EM-
PLOYEES OF THE PANAMA CANAL AUTHORITY.—Section
1112 (22 U.S.C. 3622) is amended by adding at the end
the following new subsection:
‘‘(e) Effective as of the Canal Transfer Date, section
207 of title 18, United States Code, shall not apply to an
individual who is an officer or employee of the Panama
Canal Authority, but only with respect to official acts of
that individual as an officer or employee of the Authority
and only in the case of an individual who was an officer
or employee of the Commission and whose employment with
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the Commission was terminated at noon on the Canal
Transfer Date.’’.
(b) CONSENT OF CONGRESS FOR ACCEPTANCE BY RE-
SERVE AND RETIRED MEMBERS OF THE ARMED FORCES
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 em-
ployment) 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 emoluments, offices, or ti-
tles 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 re-
quired for employment of Reserve and retired members by
foreign governments).’’.
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SEC. 3523. ENHANCED AUTHORITY OF COMMISSION TO ES-
TABLISH COMPENSATION OF COMMISSION
OFFICERS AND EMPLOYEES.
(a) REPEAL OF LIMITATIONS ON COMMISSION AU-
THORITY.—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 protection upon conversion of pay rate.
(3) Section 1225 (22 U.S.C. 3665), relating to
minimum level of pay and minimum annual in-
creases.
(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 Facilita-
tion 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 agree-
ment;