Sidor som bilder
PDF
ePub

increased by annuity increases made after that date unde- suct section 8340(b).

(d) The Commission may pay cast rehef to the widow of AD former employee of the Cana. Zone Government or the Panamɛ Canal Company who, until the time of his death, receives of has received cash relief under subsection (a of this section, under ser tion 181 of title 2 of the Canal Zone Code (as in effect on. Senter. ber 30, 1979), or under the Act of July 8, 1937, referred to ir such subsection (a). The term “widow” as used in this subsection includes only the following:

(1) a woman legally married to such employee at the time of his termination for disability and at his death:

(2) a woman who, although not legally married to such former employee at the time of his termination, had residec continuously with him for at least five years immediately pre ceding the employee's termination under such circumstances as would at common law make the relationship a valid marriage and who continued to reside with him until his death, and

(3) a woman who has not remarried or assumed a commor law relationship with any other person.

Cash relief granted to such a widow shall not at any time exzaar 50 percent of the rate at which cash relief, inclusive of any add tional payment under subsection (b) of this section, would be pay able to the former employee were he then alive.

(e) Subchapter III of chapter 83 of title 5, United States Cade applies with respect to those individuals who were in the semna of the Canal Zone Government or the Panama Canal Comasra ar October 5, 1958, and who, except for the operation of socPAR 13(a)(1) of the Act entitled "An Act to implement item 1 of & Mome randum of Understanding attached to the treaty of Janne 25 1955, entered into by the Government of the United Sita à America and the Government of the Republic of Panama wild y spect to wage and employment practices of the Government a phe United States of America in the Canal Zone", approved NON 1958 (72 Stat. 405), would have been within the classes of sav uals subject to the Act of July 8, 1937, referred to in subso` of this section.

APPLIANCES FOR EMPLOYEES INJURED BEFORE SEPTEMBER

[ocr errors]
[ocr errors]

SEC. 1246.57 Artificial limbs or other appliances may chased by the Commission, out of any funds available* *** ** Commission, for persons who were injured in the serv Isthmian Canal Commission or of the Panama Canal before Sep tember 7, 1916.

57 22 U.S.C. 3683.

58 The word "available" was substituted in lieu of "appropriated" by see 84980) of Public Law 100-203 (101 Stat. 1330-274).

Subchapter V-Leave

LEAVE FOR JURY OR WITNESS SERVICE

SEC. 1251.59 ✶ ✶✶

Subchapter VI-Application to Related Personnel

LAW ENFORCEMENT; CANAL ZONE CIVILIAN PERSONNEL POLICY COORDINATION BOARD; RELATED EMPLOYEES

SEC. 1261.60 (a) For the purposes of sections 1206, 1231, 1232, 1241, and 1242 of this Act, including any amendment made by those sections, the United States Attorney for the District of the Canal Zone and the Assistant United States Attorneys and their clerical assistants, and the United States Marshal for the District of the Canal Zone and his deputies and clerical assistants shall be considered employees of the Commission.

(b) For the purposes of this Act, including any amendment made by this Act, the Executive Director of the Canal Zone Civilian Personnel Policy Coordinating Board, the Manager, Central Examining Office, and their staffs shall be considered to have been employees of the Panama Canal Company with respect to service in those positions before October 1, 1979, and as employees of the Commission with respect to service in those positions on or after that date.

(c) The provisions of this section shall take effect on the date of the enactment of this Act.

Subchapter VII-Labor-Management Relations

LABOR-MANAGEMENT RELATIONS

SEC. 1271.61 (a) Nothing in this Act shall be construed to affect the applicability of chapter 71 of title 5, United States Code, relating to labor-management and employee relations, with respect to the Commission or the operations of any other Executive agency conducted in that area of the Republic of Panama which, on September 30, 1979, was the Canal Zone, except that in applying those provisions

(1) the definition of "employee" shall be applied without regard to clause (i) of section 7103(a)(2) of such title 5 which relates to nationality and citizenship; 62

(2) a unit shall be considered to be appropriate notwithstanding the fact that it includes any supervisor if that supervisor's position (or type of position) was, before October 1, 1979, represented before the Panama Canal Company by a labor organization that included employees who were not supervisors; and 62

50 Sec. 1251 amended sec. 6322(a) of title 5, United States Code.

8022 U.S.C. 3691.

61 22 U.S.C. 3701.

62 Sec. 3505 of the National Defense Authorization Act for Fiscal Year 1994 (title XXXV-Panama Canal Commission Authorization Act for Fiscal Year 1994; Public Law 103-160; 107 Stat 1966), struck out "and" at the end of para. (1), struck out "supervisors." at the end of para. (2), inserting in lieu thereof "supervisors; and"; and added new para. (3).

Sec. 3506 of that Act further provided that paragraph (3) "shall take effect on the date of the enactment of this Act (November 30, 1993] and shall apply with respect to grievances arising on or after such date.".

(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 I-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.

64 This sentence was added by sec. 5428(e) of Public Law 100-203 (101 Stat. 1330-274).

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 (38-4060-0-3-403)' 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 specifically 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 durContinued

Revolving Fund". The Panama Canal Revolving Fund shall, subject to subsection (c), be available to the Commission to carry out the purposes, functions, and powers authorized by this Act, including for

(A) the hire of passenger motor vehicles and aircraft;

(B) uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code;

(C) official receptions and representation expenses of the Board, the Secretary of the Commission, and the Administrator;

(D) the operation of guide services;

(E) a residence for the Administrator;

(F) disbursements by the Administrator for employee and community projects; and

(G) the procurement of expert and consultant services as provided in section 3109 of title 5, United States Code.

(2) On the effective date of the Panama Canal Revolving Fund Act

(A) the Panama Canal Commission Fund shall be terminated and the unappropriated balance, including undeposited receipts as of the close of business on the day before the effective date of the Panama Canal Revolving Fund Act, shall be transferred to the Panama Canal Revolving Fund;

(B) the unexpended balance of appropriations to the Commission, as of the close of business on the day before the effective date of the Panama Canal Revolving Fund Act, shall be transferred to the Panama Canal Revolving Fund, and such amounts including amounts appropriated for capital expenditures, shall remain available until expended;

(C) the assets and liabilities recorded before such effective date under the "Panama Canal Commission Fund" shall be recorded under the Panama Canal Revolving Fund; and

(D) the Panama Canal Emergency Fund shall be terminated and the remaining balance shall be transferred to the Panama Canal Revolving Fund.

(b) Upon completion of the transfers of funds under subsection (a)

(1) amounts attributable to interest on the investment of the United States in the Panama Canal which accrued before January 1, 1986, shall be transferred from the Panama Canal Revolving Fund to the general fund of the Treasury; and

(2) such amounts as were appropriated to the Commission in the fiscal year which ended September 30, 1980, and for which the Commission has not reimbursed the general fund of the Treasury, shall be transferred to the general fund of the Treasury.

ing such fiscal year, as such amount is estimated by the Secretary of Defense and certified by the Comptroller General of the United States at the time the budget request for the Commission for such fiscal year is submitted to the Congress, plus (B) the amount of revenues deposited in such Fund prior to such fiscal year and remaining unexpended at the beginning of such fiscal year. Not later than thirty days after the end of such fiscal year, the Secretary of the Treasury shall report to the Congress the actual amount of revenue deposited in the Panama Canal Commission Fund during such fiscal year.

"(d) The Commission may, to such extent or in such amounts as are provided in advance in appropriation Acts, enter into contracts in order to carry out its functions.".

(c)(1) 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 Dissolution Fund under section 1305) 66 and all other receipts of the Commission. Except as provided in section 1303 and subject to paragraph (2), no funds may be obligated or expended by the Commission 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 unexpended 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 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.

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

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

6 Sec. 9 of Public Law 100-705 (102 Stat. 4687) struck out “(eX1)” and inserted in lieu thereof ས(f(1)".

« FöregåendeFortsätt »