
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3861]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
                   SUBCHAPTER III--GENERAL PROVISIONS
 
                           Part 1--Procurement
 
Sec. 3861. Procurement system


(a) Panama Canal Acquisition Regulation

    (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--
        (A) applies the fundamental operating principles and procedures 
    in the Federal Acquisition Regulation;
        (B) uses efficient commercial standards of practice; 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 regarding the 
establishment of the Panama Canal Board of Contract Appeals described in 
section 3862 of this title.

(b) Supplement to Regulation

    The Commission shall develop a Supplement to the Regulation (in this 
section 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) of this section.

(c) Waiver authority

    (1) Subject to paragraph (2), the Commission shall determine which 
provisions of Federal law should not apply to procurement by the 
Commission and may waive those laws for purposes of the Regulation and 
Supplement.
    (2) For purposes of paragraph (1), the Commission may not waive--
        (A) section 423 of title 41;
        (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 Federal Procurement Policy

    In establishing the Regulation and developing the Supplement, the 
Commission shall consult with the Administrator for Federal Procurement 
Policy.

(e) Effective date

    The Regulation and the Supplement shall take effect on the date of 
publication in the Federal Register, or January 1, 1999, whichever is 
earlier.

(Pub. L. 96-70, title III, Sec. 3101, as added Pub. L. 105-85, div. C, 
title XXXV, Sec. 3541, Nov. 18, 1997, 111 Stat. 2070.)

                       References in Text

    The Contract Disputes Act of 1978, referred to in subsec. (c)(2)(B), 
is Pub. L. 95-563, Nov. 1, 1978, 92 Stat. 2383, as amended, which is 
classified principally to chapter 9 (Sec. 601 et seq.) of Title 41, 
Public Contracts. For complete classification of this Act to the Code 
see Short Title note set out under section 601 of Title 41 and Tables.


                            Prior Provisions

    A prior section 3861, Pub. L. 96-70, title III, Sec. 3101, Sept. 27, 
1979, 93 Stat. 496, related to disinterment, transportation, and 
reinterment of remains, prior to repeal by Pub. L. 104-201, div. C, 
title XXXV, Sec. 3546(a)(5), Sept. 23, 1996, 110 Stat. 2868.
