Sidor som bilder
PDF
ePub

(3) 62 any negotiated grievance procedures under section 7121 of title 5, United States Code, including any provisions relating to binding arbitration, shall, with respect to any personnel action to which subchapter II of chapter 75 of such title applies (as determined under section 7512 of such title), be available to the same extent and in the same manner as if employees of the Panama Canal Commission were not excluded

from such subchapter under section 7511(b)(8) of such title. (b) Labor-management and employee relations of the Commission, other Executive agencies, and the Smithsonian Institution, their employees, and organizations of those employees, in connection with operations conducted in that area of the Republic of Panama which, on September 30, 1979, was the Canal Zone, shall be governed and regulated solely by the applicable laws, rules, and regulations of the United States.

CHAPTER 3—FUNDS AND ACCOUNTS

Subchapter 1–Funds

CANAL ZONE GOVERNMENT FUNDS SEC. 1301.63 On the effective date of this Act, any unexpended balances of the appropriation accounts appearing on the books of the United States Government as “Operating Expenses, Canal Zone Government (38–0116-0-1-806)” and “Capital Outlay, Canal Zone Government (38–0116-0–1-806)” shall be covered into the general fund of the Treasury, and any appropriations to which expenditures under such accounts have been chargeable before such effective date are repealed. The Commission may, to the extent of funds available to it, pay claims or make payments chargeable to such accounts, upon proper audit of such claims of payments. 64

PANAMA CANAL REVOLVING FUND SEC. 1302.65 (a)(1) There is established in the Treasury of the United States a revolving fund to be known as the “Panama Canal

63 22 U.S.C. 3711. * This sentence was added by sec. 5428(e) of Public Law 100_203 (101 Stat. 1330-274). 85 22 U.S.C. 3712. Sec. 5422 of the Omnibus Budget Reconciliation Act of 1987 (Public Law 100-203; 101 Stat. 1330_271) retitled sec. 1302 and inserted new text for subsecs. (a) through (e). Section 1302 formerly read as follows:

"PANAMA CANAL COMPANY FUNDS; COMMISSION FUNDS "Sec. 1302. (a) On the effective date of this Act, the account appearing on the books of the United States Government as the 'Panama Canal Company Fund (38_4060-0-3-403) shall be terminated, and any unexpended balances under such account as of that date shall be covered into the Treasury in an account to be known as the 'Panama Canal Commission Fund.

"(b) On or after the effective date of this Act, tolls for the use of the Panama Canal and all other receipts of the Commission that, before such effective date, would have been credited to the account appearing on the books of the Government as the 'Panama Canal Company Fund (38-4060-03-403) shall be deposited in the Treasury in the Panama Canal Commission Fund; except that the part of the tolls and other receipts that covers interest on the investment of the United States in the Panama Canal pursuant to section 1602 and 1603 of this Act shall be deposited into the Treasury as miscellaneous receipts.

"(cX1) No funds may be appropriated to or for the use of the Commission, nor may any funds to be obligated or expended by the Commission for any fiscal year, unless such appropriation, obligation, expenditure has been specificall' authorized by law.

"(2) No funds may be appropriated to or for the use of the Commission for any fiscal year in excess of (A) the amount to revenues deposited in the Panama Canal Commission Fund dur

Continued

[merged small][merged small][merged small][ocr errors][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][merged small][merged small][ocr errors][merged small][ocr errors][ocr errors][ocr errors][merged small][merged small][merged small][merged small][merged small][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small][ocr errors][merged small][merged small]
[ocr errors][ocr errors]

" ? $ the che

an. 10 au cat 6.5". "Higue 1 gener 2011 ott Bunda Valisir

1 getiera de o free

In d

en AV "

* erunt & ar pm

(cX1) There shall be deposited in the Panama Canal Revolving ; Fund, on a continuing basis, toll receipts (other than amounts of • toll receipts deposited into the Panama Canal Commission Dissolu

tion Fund under section 1305) 66 and all other receipts of the Com.. mission. Except as provided in section 1303 and subject to para-- graph (2), no funds may be obligated or expended by the Commis

sion in any fiscal year unless such obligation or expenditure has been specifically authorized by law.

(2) No funds may be obligated or expended by the Commission in any fiscal year for administrative expenses except to the extent or in such amounts as are provided in appropriations Acts.

(3) No funds may be authorized for the use of the Commission, or obligated or expended by the Commission in any fiscal year in excess of

(A) the amount of revenues deposited in the Panama Canal Revolving Fund and the Panama Canal Dissolution Fund 67 during such fiscal year, plus

(B) the amount of revenues deposited in the Panama Canal Revolving Fund before such fiscal year and remaining unex

pended at the beginning of such fiscal year. Not later than 30 days after the end of each fiscal year, the Secretary of the Treasury shall report to the Congress the amount of revenues deposited in the Panama Canal Revolving Fund during such fiscal year.

(d) With the approval of the Secretary of the Treasury, the Commission may deposit amounts in the Panama Canal Revolving Fund in any Federal Reserve bank, any depository for public funds, or in such other places and in such other manner as the Commission and the Secretary may agree.

(e) The Committee on Appropriations of each House of Congress shall review the annual budget of the Commission, including operations and capital expenditures.

(f)(1) 68 It is the sense of the Congress that the additional costs resulting from implementation of the Panama Canal Treaty of 1977 and related agreements should be kept to the absolute minimum level. To this end, the Congress declares that the direct appropriated costs of implementation to be borne by the taxpayers over the life of such Treaty should be kept to a level no greater than the March 1979 estimate of those costs ($870,700,000) presented to the Congress by the executive branch during consideration of this Act by the Congress, less personnel retirement costs of $205,000,000, which were subtracted and charged to tolls, therefore resulting in the net taxpayer cost of approximately $665,700,000, plus appropriate adjustment for inflation.

(2) It is further the sense of the Congress that the actual costs of implementation be consistent with the obligations of the United States to operate the Panama Canal safely and efficiently and keep it secure.

os Sec. 3521(bX1XA) of Public Law 102-484 (106 Stat. 2657) inserted parenthetical text.

or Sec. 3521(bX1XB) of Public Law 102-484 (106 Stat. 2657) inserted "and the Panama Canal Dissolution Fund”.

es Sec. 9 of Public Law 100–705 (102 Stat. 4687) struck out "eX1)" and inserted in lieu thereof "(X1)".

off the fiscal) is enast until authnses. They of this sectal, includ

calendar hichever for which or for a rizing lee authority section includi

EMERGENCY AUTHORITY SEC. 1303.69 If authorizing legislation described in section 1302(c)(1) has not been enacted for a fiscal year, then the Commission may withdraw funds from the Panama Canal Revolving Fund in order to defray emergency expenses and to ensure the continuous, efficient, and safe operation of the Panama Canal, including expenses for capital projects. The authority of this section may not be used for administrative expenses. The authority of this section may be exercised only until authorizing legislation described in section 1302(c)(1) is enacted, or for a period of 24 months after the end of the fiscal year for which such authorizing legislation was last enacted, whichever occurs first. Within 60 days after the end of any calendar quarter in which expenditures are made under this section, the Commission shall report such expenditures to the appropriate committees of the Congress.

BORROWING AUTHORITY SEC. 1304.70 (a) The Panama Canal Commission may borrow from Treasury, for any of the purposes of the commission, not more than $100,000,000 outstanding at any time. For this purpose, the Commission may issue to the Secretary of the Treasury its notes or other obligations

(1) which shall have maturities (of not later than December 31, 1999) agreed upon by the Commission and the Secretary of the Treasury, and

(2) which may be redeemable at the option of the Commission before maturity. (b) Amounts borrowed under this section shall not be available for payments to Panama under Article XIII of the Panama Canal Treaty of 1977.

(c) Amounts borrowed under this section shall increase the investment of the United States in the Panama Canal, and repay. ment of such amount shall decrease such investment.

(d) The Commission shall report to the Congress and to the Of. fice of Management and Budget on each exercise of borrowing authority under this section.

SECI reasury, foto outstandine

*22 U.S.C. 3713. Sec. 5423 of the Omnibus Budget Reconciliation Act of 1987 (Pubhe Law 100-203; 101 Stat. 1330_273) amended the title and substantially restated sec. 1303. Sec. 1303 formerly read as follows:

"EMERGENCY FUND "a) On the effective date of this Act, the Secretary of the Treasury shall establish and there after shall maintain in the treasury a fund to be known as the Panama Canal Emergency Fund.' There are authorized to be appropriated for deposit in such Fund (1) for the fiscal year October 1. 1979, $40,000,000, and (2

40.000.000, and (2) for any fiscal year beginning on or aller tober 1, 1980, such additional sums as may be specifically authorized by law for such fiscal year.

"(b) The Commission may make withdrawals from the Panama Canal Emergency Fund by check in order to defray emergency expenses and to insure the continuous, efficient, and sale operation of the Panama Canal, if funds appropriated for the operation and maintenanæ of the Canal are insufficient for such purposes. Any withdrawal from such Fund to cover increased costs attributable to unprogrammed increases in traffic may not be made in amounts greater than the revenues from such increased traffic. Such Fund shall not be available for payments to Panama under Article XIII of the Panama Canal Treaty of 1977. Any withdrawal from such fund or expenditure made under this subsection shall be reported forth with by the Commission to the Congress and to the Office of Management and Budget.".

70 22 U.S.C. 3714. Sec. 5424(a) of the Omnibus Budget Reconciliation Act of 1987 (Public Law 100_203; 101 Stat. 1330-273) added sec. 1304.

[ocr errors]

Fund's hereinknown tablished anamuommissie

Septemb, the b; and and lia

DISSOLUTION OF COMMISSION
Sec. 1305.71 (a)(1) The Commission shall conduct a study of

(A) the costs associated with the dissolution of the Commission, including the composition, location, and costs of the office authorized to be established under subsection (b); and

(B) costs and liabilities incurred or administered by the Commission that will not be paid before the date of that dissolu

tion. (2) The Commission shall submit to the Congress, by not later than September 30, 1996, a report on the findings and conclusions of the study under this subsection. The report shall include an estimate of the period of time which may be required to close out the affairs of the Commission after the termination of the Panama Canal Treaty of 1977.

(b) The Commission shall during fiscal year 1998 establish an office to close out the affairs of the Commission that are still pending after the termination of the Panama Canal Treaty of 1977.

(c)1) There is established in the Treasury of the United States a fund to be known as the “Panama Canal Commission Dissolution Fund” (hereinafter in this section referred to as the “Fund”). The Fund shall be managed by the Commission until the termination of the Panama Canal Treaty of 1977 and by the office established under subsection (b) thereafter.

(2)(A) Subject to paragraph (5), the Fund shall be available after September 30, 1998, to pay

(i) the costs of operating the office established under subsection (b); and

(ii) the costs and liabilities associated with dissolution of the Commission, including such costs incurred or identified after

the termination of the Panama Canal Treaty of 1977. (B) Payments from the Fund made during the period beginning on October 1, 1998, and ending with the termination of the Panama Canal Treaty of 1977 shall be subject to the approval of the Board provided for in section 1102. (3) The Fund shall consist of

(A) such amounts as may be deposited into the Fund by the Commission, from amounts collected as toll receipts, to pay the costs described in paragraph (2); and

(B) amounts credited to the Fund under paragraph (4). (4)(A) The Secretary of the Treasury shall invest excess amounts in the Fund in public debt securities with maturities suitable to the needs of the Fund, as determined by the manager of the Fund.

(B) Securities invested under subparagraph (A) shall bear interest at rates determined by the Secretary of the Treasury, taking into consideration current market yields on outstanding marketable obligations of the United States of comparable maturity.

(C) Interest earned on securities invested under subparagraph (A) shall be credited to and form part of the Fund.

(5) Amounts in the Fund may not be obligated or expended in any fiscal year unless the obligation or expenditure is specifically authorized by law.

71 22 U.S.C. 3714a. Added by sec. 3521(a) of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 106 Stat. 2656).

« FöregåendeFortsätt »