SEVERABILITY OF PROVISIONS

SEC. 17.21 If any provision of this Act or the application thereof to any person or circumstance is held invalid, the remainder of the Act and the application of such provision to any other person or circumstance shall not be affected thereby.

EFFECTIVE DATE

SEC. 18. This Act shall be effective as of January 1, 1979.

The Department of State Appropriations Act, 1987 (title III of Public Law 99-591; 100 Stat 3341), provided $9,379,000 for fiscal year 1987. The Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1988 (Public Law 100-202, 10: Stat. 1329), provided $11,000,000 for fiscal year 1988. The Departments of Commerce, Justice and State, the Judiciary, and Related Agencies Appropriations Act, 1989 (Public Law 100-459 102 Stat. 2205), provided $10,890,000 for fiscal year 1989. The Departments of Commerce, Jas tice, and State, the Judiciary, and Related Agencies Appropriations Act, 1990 (Public Law 101162; 103 Stat. 1007), provided $11,300,000 for fiscal year 1990. The Departments of Commerce. Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1991 (Public Law 101-515; 104 Stat. 2126), provided $11,752,000 for fiscal year 1991. The Department of State and Related Agencies Appropriations Act, 1992 (Public Law 102-140; 105 Stat. 818), provided $13,784,000 for fiscal year 1992. The Department of State and Related Agencies Appropriations Act, 1993 (Public Law 102-395; 106 Stat. 1866), provided $15,543,000 for fiscal year 1993.

21 22 U.S.C. 3316.

b. Maintaining Unofficial Relations With the People of Taiwan

Executive Order 12143, 44 F.R. 37191, June 22, 1979

In light of the recognition of the People's Republic of China by the United States of America as the sole legal government of China, and by the authority vested in me as President of the United States of America, by the Taiwan Relations Act (Public Law 96-8, 93 Stat. 14, 22 U.S.C. 3301 et seq., hereinafter referred to as "the Act"), and Section 301 of Title 3 of the United States Code, in order to facilitate the maintenance of commercial, cultural and other relations between the people of the United States and the people on Taiwan without official representation or diplomatic relations, it is hereby ordered as follows:

1-1. Delegation and Reservation of Functions.

1-101. Exclusive of the functions otherwise delegated, or reserved to the President, by this Order, there are delegated to the Secretary of State all functions conferred upon the President by the Act. In carrying out these functions, the Secretary of State shall consult with other departments and agencies as appropriate.

1-102. There are delegated to the Director of the Office of Personnel Management the functions conferred upon the President by paragraphs (1) and (2) of Section 11(a) of the Act. These functions shall be exercised in consultation with the Secretary of State.

1-103. There are reserved to the President the functions conferred upon the President by Section 3, Section 7(a)(3), and the second sentence of Section 9(b), and the determination specified in Section 10(a) of the Act.

1-2. Specification of Laws and Determinations.

1-201. Pursuant to Section 7(a) of the Act, I specify the following provisions of law:

(a) Section 4082 of the Revised Statutes (22 U.S.C. 1172); (b) Section 1707 of the Revised Statutes (22 U.S.C. 1173); (c) Section 1708 of the Revised Statutes (22 U.S.C. 1174);

(d) Section 1709 of the Revised Statutes, as amended (22 U.S.C. 1175);

(e) Section 1710 of the Revised Statutes as amended (22 U.S.C. 1176);

(f) Section 1711 of the Revised Statutes as amended (22 U.S.C. 1177);

(g) Section 1718 of the Revised Statutes (22 U.S.C. 1185); and (h) Section 7 of the Act of April 5, 1906 (22 U.S.C. 1195). 1-202. Pursuant to Section 9(b) of the Act, and in furtherance of the purposes of the Act, the procurement of services may be effected without regard to the following provisions of law and limitations of authority:

60-688 - 93-41

(a) Section 3648 of the Revised Statutes, as amended (31 U.S.C 529);

(b) Section 9 of the Act of June 30, 1906 (31 U.S.C. 627), and Section 3679 and 3732 of the Revised Statutes (31 U.S.C. 665; 41 U.S.C 11), to the extent necessary to permit the indemnification of contractors against unusually hazardous risks, as defined in Institute contracts, consistent, to the extent practicable with regulations pre scribed by the Department of Defense pursuant to the provisions of the Act of August 28, 1958 (50 U.S.C. 1431, et seq.), and Executive Order No. 10789 of November 14, 1958, as amended;

(c) Section 3709 of the Revised Statutes and Section 302 of the Federal Property and Administrative Services Act of 1949 (4 U.S.C. 5, 252);

(d) Section 3710 of the Revised Statutes (41 U.S.C. 8);

(e) Section 2 of Title III of the Act of March 3, 1933 (41 U.S.C. 10a);

(f) Section 3735 of the Revised Statutes (41 U.S.C. 13);

(g) Section 304(b) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(b)), so as to permit the payment of fees in excess of the prescribed fee limitation, but nothing herein shall be construed as authorizing the use of the cost-plus-a-percentage-of-cost system of contracting;

(h) Section 305 of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 255);

(i) Sections 2 through 16 of the Contract Disputes Act of 1978 (41 U.S.C. 601-613);

(j) Sections 2304, 2305 and 2306 (a) through (f) of Title 10 of the United States Code, but nothing herein shall be construed as authorizing the use of the cost-plus-a-percentage-of-cost system of contracting; and

(k) Section 719 of the Defense Production Act of 1950 (50 U.S.C. App. 2168).

1-203. (a) With respect to cost-type contracts with the American Institute in Taiwan under which no fee is charged or paid, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished, irrespective of the time or circumstances of the making, or the form of the contract amended or modified, or of the amending or modifying contract and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof.

(b) With respect to contracts heretofore or hereafter made under the Act, other than those described in subsection (a) of this Section, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished. irrespective of the time or circumstances of the making or the form of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may be accrued under the contract or the amendments or modifications thereof, if the Secretary of State determines in each case that such action is necessary to protect the foreign policy interests of the United States.

1-204. Pursuant to Section 10(a) of the Act, the Coordination Council for North American Affairs is determined to be the unofficial instrumentality established by the people on Taiwan having the necessary authority under the laws applied by the people on Taiwan to provide assurances and take other actions on behalf of Taiwan in accordance with the Act.

1-3. President's Memorandum of December 30, 1978.

1-301. This Order supersedes my memorandum of December 30, 1978 for all departments and agencies entitled "Relations With the : People on Taiwan" (44 F.R. 1075). Agreements and arrangements referred to in paragraph (B) of that memorandum shall continue in force and shall be performed in accordance with the Act and this Order.

8. Panama Canal

a. Panama Canal Act of 1979 1

Partial text of Public Law 96–70 [H.R. 111], 93 Stat. 452, approved September 27. 1979; as amended by Public Law 98-217 [H.R. 3969], 98 Stat. 9, approved Febru ary 14, 1984; Public Law 98-600 [H.R. 6101], 98 Stat. 3145, approved October 30. 1984; Public Law 99-195 [H.R. 664], 99 Stat. 1349, approved December 23, 1985; Public Law 99–209 [Panama Canal Amendments Act of 1985, H.R. 729], 99 Stat. 1716, approved December 23, 1985; Public Law 99–223 [Panama Canal Commission Authorization Act, Fiscal Year 1986; H.R. 1784], 99 Stat. 1738, approved December 28, 1985; Public Law 99-368 [Panama Canal Commission Authorization Act, Fiscal Year 1987; H.R. 4409], 100 Stat. 775, approved August 1, 1986; Public Law 100-203 [Omnibus Budget Reconciliation Act of 1987, H.R. 3545], 101 Stat. 1330, approved December 22, 1987; Public Law 100-705 [Panama Canal Commission Compensation Fund Act of 1988, H.R. 5287], 102 Stat. 4685, approved November 19, 1988; Public Law 101-510 [National Defense Authorization Act for Fiscal Year 1991, H.R. 4739], 104 Stat. 1485, approved November 5, 1990; and by Public Law 102-484 [National Defense Authorization Act for Fiscal Year 1993, H.R. 5006), 106 Stat. 2315, approved October 23, 1992

AN ACT To provide for the operation and maintenance of the Panama Canal under the Panama Treaty of 1977, and for other purposes.

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

SHORT TITLE

SECTION 1. This Act may be cited as the "Panama Canal Act of 1979".

TABLE OF CONTENTS

Sec.

1. Short title.

2. Statement of purpose.

3. Definitions and recommendation for legislation.

TITLE I-ADMINISTRATION AND REGULATIONS

CHAPTER 1-PANAMA CANAL COMMISSION

1101. Establishment of Commission.

1102. Supervisory Board.

1103. Administrator.

1104. Deputy Administrator and Chief Engineer. 1105. Consultative Committee.

1106. Joint Commission on the Environment.

1107. Travel expenses.

1108. Defense of the Panama Canal.

1109. Joint Sea Level Canal Study Committee.

1110. Authority of the Ambassador.

1111. Security legislation.

1112. Code of Conduct for Commission personnel. 1113. Office of Ombudsman.

1 For text of the Panama Canal Treaty, the document which this legislation implemented, see Legislation on Foreign Relations, Legislation on Foreign Relations Through 1992, vol. V, sec. G