637
HR 1119 EAS
graph (2)’’ and inserting in lieu thereof ‘‘subsection
(b)’’; and
(B) by redesignating subsection (d)(2) as sub-
section (b) and in that subsection—
(i) striking out ‘‘Notwithstanding para-
graph (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 citi-
zen 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.
SEC. 3525. ENHANCED RECRUITMENT AND RETENTION AU-
THORITIES.
(a) RECRUITMENT, RELOCATION, AND RETENTION BO-
NUSES.—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
638
HR 1119 EAS
lieu thereof ‘‘of the individual to whom the compensa-
tion is paid’’; and
(3) by inserting after subsection (b) the following
new subsections:
‘‘(c)(1) The Commission may pay a recruitment bonus
to an individual who is newly appointed to a position with
the Commission, or a relocation bonus to an employee of
the Commission who must relocate to accept a position, if
the Commission determines 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 employment with the Commission established
by the Commission. If the employee voluntarily fails to com-
plete 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 received by the employee.
‘‘(3) A relocation bonus under this subsection may be
paid as a lump sum. A recruitment bonus under this sub-
section shall be paid on a pro rata basis over the period
of employment covered by the agreement under paragraph
639
HR 1119 EAS
(2). 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 deter-
mines that—
‘‘(A) the employee has unusually high or unique
qualifications and those qualifications make it essen-
tial for the Commission 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 em-
ployee making it essential for the Commission to re-
tain the employee for a period specified by the Com-
mission ending not later than the Canal Transfer
Date; and
‘‘(B) the employee would be likely to leave em-
ployment with the Commission before the end of that
period if the retention 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
640
HR 1119 EAS
‘‘(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 sub-
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.’’.
(b) EDUCATIONAL SERVICES.—Section 1321(e)(2) (22
U.S.C. 3731(e)(2)) is amended by striking out ‘‘and per-
sons’’ and inserting in lieu thereof ‘‘, to other Commission
employees when determined by the Commission to be nec-
essary for their recruitment or retention, and to other per-
sons’’.
SEC. 3526. TRANSITION SEPARATION INCENTIVE PAY-
MENTS.
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),
641
HR 1119 EAS
relating to voluntary separation incentives for employees of
certain Federal agencies (in this section referred to as ‘sec-
tion 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 separation under an appoint-
ment without time limitation and who is covered
under the Civil Service Retirement System or the
Federal Employees’ Retirement System under sub-
chapter III of chapter 83 or chapter 84, respectively,
of title 5, United States Code, other than—
‘‘(A) an employee described in any of sub-
paragraphs (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 reloca-
tion 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;
643
HR 1119 EAS
or during the period beginning on October 1,
1998, and ending on December 31, 1998;
‘‘(5) in the case of not more than 15 employees
who (as determined by the Commission) are unwill-
ing to work for the Panama Canal Authority after the
Canal Transfer Date and who occupy critical posi-
tions 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 (notwithstand-
ing paragraph (4))—
‘‘(A) may be in an amount determined by
the Commission 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
644
HR 1119 EAS
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 be-
comes the subject of collective bargaining between the Com-
mission and the exclusive representative for any bargaining
unit of employees of the Commission during the period be-
ginning on the date of the enactment of this subsection and
ending on the Canal Transfer Date.
‘‘(2)(A) The resolution of impasses resulting from col-
lective bargaining between the Commission and any such
exclusive representative during that period shall be con-
ducted in accordance with such procedures as may be mutu-
ally 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 effec-
tive upon transmittal by the Chairman of the Supervisory
Board of the Commission to the Congress of notice of the
agreement to use those procedures and a description of those
procedures.
645
HR 1119 EAS
‘‘(B) The Federal Services Impasses Panel shall not
have jurisdiction to resolve any impasse between the Com-
mission and any such exclusive representative in negotia-
tions over a procedure for resolving impasses.
‘‘(3) If the Commission and such an exclusive rep-
resentative do not reach an agreement concerning a proce-
dure 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:
‘‘(A) If bargaining efforts do not result in an
agreement, the parties shall request the Federal Medi-
ation 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
shall request the Federal Services Impasses Panel of
the Federal Labor Relations Authority to decide the
impasse.
646
HR 1119 EAS
‘‘(C) If the Federal Services Impasses Panel fails
to issue a decision within 90 days after the date on
which its services are requested (or within such short-
er 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) de-
termines appropriate) between the last offer of the
Commission and the last offer of the exclusive rep-
resentative, with the offer chosen through such draw-
ing 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 de-
scribed 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 agreement that is unresolved on
the date on which that notice is transmitted to the Con-
gress.’’.
647
HR 1119 EAS
SEC. 3528. AVAILABILITY OF PANAMA CANAL REVOLVING
FUND FOR SEVERANCE PAY FOR CERTAIN EM-
PLOYEES SEPARATED BY PANAMA CANAL AU-
THORITY 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 employ-
ment 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 Panama 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 preced-
ing paragraph (1) and inserting in lieu thereof ‘‘for
the following purposes:’’;
648
HR 1119 EAS
(2) by capitalizing the initial letter of the first
word in each of paragraphs (1) through (9);
(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 para-
graph (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 REGU-
LATION.—(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—
649
HR 1119 EAS
‘‘(A) applies the fundamental operating prin-
ciples and procedures in the Federal Acquisition Reg-
ulation;
‘‘(B) uses efficient commercial standards of prac-
tice; 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 regard-
ing the establishment of the Panama Canal Board of Con-
tract Appeals described in section 3102.
‘‘(b) SUPPLEMENT TO REGULATION.—The Commission
shall develop a Supplement to the Regulation (in this sec-
tion referred to as the ‘Supplement’) that identifies both the
provisions of Federal law applicable to procurement of
goods and services by the Commission 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 Com-
mission and may waive those laws for purposes of the Regu-
lation and Supplement.
‘‘(2) For purposes of paragraph (1), the Commission
may not waive—
650
HR 1119 EAS
‘‘(A) section 27 of the Office of Federal Procure-
ment 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 FED-
ERAL PROCUREMENT POLICY.—In establishing the Regula-
tion and developing the Supplement, the Commission shall
consult with the Administrator for Federal Procurement
Policy.
‘‘(e) EFFECTIVE DATE.—The Regulation and the Sup-
plement 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 es-
tablish a board of contract appeals, to be known as the Pan-
ama 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 Pan-
ama Canal Board of Contract Appeals (in this section re-
ferred 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 es-
tablished under that Act.
651
HR 1119 EAS
‘‘(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
AP-
PEALS.—Notwithstanding 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 PRO-
TESTS.—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. Notwith-
standing 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
652
HR 1119 EAS
a reference to both the Board and the Comptroller
General;
‘‘(3) the report required by paragraph (1) of sec-
tion 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 contracting 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 func-
tion as soon as it has been established and has prescribed
procedures under subsection (d), but not later than January
1, 1999.
‘‘(f) TRANSITION.—The Board shall have jurisdiction
under subsection (b) and (c) over any appeals and protests
filed on or after the date on which the Board begins to func-
tion. Any appeals and protests filed before such date shall
remain before the forum in which they were filed.
653
HR 1119 EAS
‘‘(g) OTHER FUNCTIONS.—The Board may perform
functions similar to those described in this section for such
other matters or activities of the Commission as the Com-
mission may determine and in accordance with regulations
prescribed by the Commission.’’.
SEC. 3542. TRANSACTIONS WITH THE PANAMA CANAL AU-
THORITY.
Section 1342 (22 U.S.C. 3752) is amended—
(1) by designating the text of the section as sub-
section (a); and
(2) by adding at the end the following new sub-
sections:
‘‘(b) The Commission may provide office space, equip-
ment, supplies, personnel, and other in-kind services to the
Panama Canal Authority on a nonreimbursable basis.
‘‘(c) Any executive department or agency of the United
States may, on a reimbursable basis, provide to the Pan-
ama Canal Authority materials, supplies, equipment, work,
or services requested by the Panama Canal Authority, at
such rates as may be agreed upon by that department or
agency and the Panama Canal Authority.’’.
SEC. 3543. TIME LIMITATIONS ON FILING OF CLAIMS FOR
DAMAGES.
(a) FILING OF ADMINISTRATIVE CLAIMS WITH COM-
MISSION.—Sections 1411(a) (22 U.S.C. 3771(a)) and 1412
654
HR 1119 EAS
(22 U.S.C. 3772) are each amended in the last sentence by
striking out ‘‘within 2 years after’’ and all that follows
through ‘‘of 1985,’’ and inserting in lieu thereof ‘‘within
one year after the date of the injury or the date of the enact-
ment of the Panama Canal Transition Facilitation Act of
1997,’’.
(b) FILING OF JUDICIAL ACTIONS.—The penultimate
sentence of section 1416 (22 U.S.C. 3776) is amended—
(1) by striking out ‘‘one year’’ the first place it
appears and inserting in lieu thereof ‘‘180 days’’; and
(2) by striking out ‘‘claim, or’’ and all that fol-
lows through ‘‘of 1985,’’ and inserting in lieu thereof
‘‘claim or the date of the enactment of the Panama
Canal Transition Facilitation Act of 1997,’’.
SEC. 3544. TOLLS FOR SMALL VESSELS.
Section 1602(a) (22 U.S.C. 3792(a)) is amended—
(1) in the first sentence, by striking out ‘‘supply
ships, and yachts’’ and inserting in lieu thereof ‘‘and
supply ships’’; and
(2) by adding at the end the following new sen-
tence: ‘‘Tolls for small vessels (including yachts), as
defined by the Commission, may be set at rates deter-
mined by the Commission without regard to the pre-
ceding provisions of this subsection.’’.
655
HR 1119 EAS
SEC. 3545. DATE OF ACTUARIAL EVALUATION OF FECA LI-
ABILITY.
Section 5(a) of the Panama Canal Commission Com-
pensation Fund Act of 1988 (22 U.S.C. 3715c(a)) is amend-
ed by striking out ‘‘Upon the termination of the Panama
Canal Commission’’ and inserting in lieu thereof ‘‘By
March 31, 1998’’.
SEC. 3546. APPOINTMENT OF NOTARIES PUBLIC.
Section 1102a (22 U.S.C. 3612a) is amended—
(1) by redesignating subsection (g) as subsection
(h); and
(2) by inserting after subsection (f) the following
new subsection:
‘‘(g)(1) The Commission may appoint any United
States citizen to have the general powers of a notary public
to perform, on behalf of Commission employees and their
dependents outside the United States, any notarial act that
a notary public is required or authorized to perform within
the United States. Unless an earlier expiration is provided
by the terms of the appointment, any such appointment
shall expire three months after the Canal Transfer Date.
‘‘(2) Every notarial act performed by a person acting
as a notary under paragraph (1) shall be as valid, and
of like force and effect within the United States, as if exe-
cuted by or before a duly authorized and competent notary
public in the United States.