- § 3711. Repealed.
- § 3712. Panama Canal Revolving Fund
- § 3712a. Authority to lease office space
- § 3713. Panama Canal emergency authority
- § 3714. Borrowing authority
- § 3714a. Dissolution of Commission
- § 3714b. Printing
- § 3715. Establishment of Compensation Fund
- § 3715a. Operation of Fund
- § 3715b. Transfers from Fund for compensation benefits
- § 3715c. Final evaluation of Fund; deficiency or surplus in Fund
- § 3715d. Continuation of benefits
§ 3711. Repealed. Pub. L. 104–201, div. C, title XXXV, § 3546(a)(8), Sept. 23, 1996, 110 Stat. 2868
§ 3712. Panama Canal Revolving Fund
(a) EstablishmentThere is established in the Treasury of the United States a revolving fund to be known as “Panama Canal Revolving Fund”. The Panama Canal Revolving Fund shall, subject to subsection (b), be available to the Commission to carry out the purposes, functions, and powers authorized by this chapter, including for the following purposes:
(1) The hire of passenger motor vehicles and aircraft.
(2) Uniforms or allowances therefor.
(3) Official receptions and representation expenses of the Board, the Secretary of the Commission, and the Administrator.
(4) The operation of guide services.
(5) A residence for the Administrator.
(6) Disbursements by the Administrator for employee and community projects.
(7) The procurement of expert and consultant services.
(8) Promotional activities, including the preparation, distribution, or use of any kit, pamphlet, booklet, publication, radio, television, film, or other media presentation designed to promote the Panama Canal as a resource of the world shipping industry.
(9) The purchase and transportation to the Republic of Panama of passenger motor vehicles, including large, heavy-duty vehicles.
(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 employment 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) Tolls and other receipts into Panama Canal Revolving Fund; restriction on use of funds
(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 3714a of this title) and all other receipts of the Commission. Except as provided in section 3713 of this title, 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 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 Commission Dissolution Fund during such fiscal year; plus
(B) the amount of revenues deposited in the Panama Canal Revolving Fund before such fiscal year and remaining unobligated at the beginning of such fiscal year; plus
(C) the $100,000,000 borrowing authority provided for in section 3714 of this title.
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.
(c) Authority of Commission to make deposits
(d) Costs of implementation
(1) It is the sense of the Congress that the additional costs resulting from the 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 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 chapter by the Congress, less personnel retirement costs of $205,000,000, which were subtracted and charged to tolls, therefore resulting in net taxpayer cost of approximately $665,700,000, plus appropriate adjustments 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.
(e) Termination of Commission and Office of Transition Administration; transfer of Fund
(1) The Panama Canal Commission and the Office of Transition Administration (described in section 3504 of Public Law 106–65) shall terminate on October 1, 2004.
(2) Upon termination pursuant to paragraph (1), the Panama Canal Revolving Fund shall be transferred to the General Services Administration (GSA). GSA shall use the amounts in the Fund to make payments of any outstanding liabilities of the Commission, as well as any expenses associated with the termination of the Office of Transition Administration and the Commission. The fund shall be the exclusive source available for payment of any outstanding liabilities of the Commission.
(Pub. L. 96–70, title I, § 1302, Sept. 27, 1979, 93 Stat. 477; Pub. L. 99–195, § 1(a), Dec. 23, 1985, 99 Stat. 1349; Pub. L. 100–203, title V, § 5422(a), (b)(1), Dec. 22, 1987, 101 Stat. 1330–271, 1330–272; Pub. L. 100–705, § 9, Nov. 19, 1988, 102 Stat. 4687; Pub. L. 102–484, div. C, title XXXV, § 3521(b)(1), Oct. 23, 1992, 106 Stat. 2657; Pub. L. 104–106, div. C, title XXXV, § 3525, Feb. 10, 1996, 110 Stat. 640; Pub. L. 104–201, div. C, title XXXV, § 3539, Sept. 23, 1996, 110 Stat. 2865; Pub. L. 105–85, div. C, title XXXV, § 3528, Nov. 18, 1997, 111 Stat. 2069; Pub. L. 108–309, § 121, Sept. 30, 2004, 118 Stat. 1140.)
§ 3712a. Authority to lease office space
Notwithstanding section 210 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490),1
1 See References in Text note below.
the Commission is authorized to negotiate directly and enter into contracts for the lease of, and for improvements to, real property in the United States for use by the Commission as office space, on such terms as the Commission considers to be in the interest of the United States, and to make direct payments therefor.(Pub. L. 100–203, title V, § 5415, Dec. 22, 1987, 101 Stat. 1330–270.)
§ 3713. Panama Canal emergency authority
If authorizing legislation described in section 3712(b)(1) of this title 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 be exercised only until authorizing legislation described in section 3712(b)(1) of this title 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.
(Pub. L. 96–70, title I, § 1303, Sept. 27, 1979, 93 Stat. 478; Pub. L. 100–203, title V, § 5423(a), (b)(1), Dec. 22, 1987, 101 Stat. 1330–273; Pub. L. 104–106, div. C, title XXXV, § 3529(2), Feb. 10, 1996, 110 Stat. 642; Pub. L. 104–201, div. C, title XXXV, § 3548(b)(2), Sept. 23, 1996, 110 Stat. 2869.)
§ 3714. Borrowing authority
(a) Limitation on amount; issuance of notes and other obligations
The Panama Canal Commission may borrow from the 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) Restrictions on use
(c) Effect on investment interest in Panama Canal
(d) Report to Congress
(Pub. L. 96–70, title I, § 1304, as added Pub. L. 100–203, title V, § 5424(a), Dec. 22, 1987, 101 Stat. 1330–273.)
§ 3714a. Dissolution of Commission
(a) Study and report
(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 dissolution.
(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) Termination office
(c) Panama Canal Commission Dissolution Fund
(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 3612 of this title.
(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)
(A) Amounts in the Fund may not be obligated or expended in any fiscal year unless the obligation or expenditure is specifically authorized by law.
(B) The office established by subsection (b) is authorized to expend or obligate funds from the Fund for the purposes enumerated in clauses (i) and (ii) of paragraph (2)(A) until October 1, 2004.
(6) The Fund shall terminate on October 1, 2004. Amounts in the Fund on that date shall be deposited in the general fund of the Treasury of the United States.
(Pub. L. 96–70, title I, § 1305, as added Pub. L. 102–484, div. C, title XXXV, § 3521(a), Oct. 23, 1992, 106 Stat. 2656; amended Pub. L. 106–65, div. C, title XXXV, § 3504(a), Oct. 5, 1999, 113 Stat. 975.)
§ 3714b. Printing
(a) Sections 501 through 517 and 1101 through 1123 of title 44 shall not apply to direct purchase by the Commission for its use of printing, binding, and blank-book work in the Republic of Panama when the Commission determines that such direct purchase is in the best interest of the Government.
(b) This section shall not affect the Commission’s authority, under chapter 5 of title 44, to operate a field printing plant.
(Pub. L. 96–70, title I, § 1306, as added Pub. L. 104–201, div. C, title XXXV, § 3540, Sept. 23, 1996, 110 Stat. 2866; amended Pub. L. 105–85, div. C, title XXXV, § 3549, Nov. 18, 1997, 111 Stat. 2073.)
§ 3715. Establishment of Compensation Fund
There is established in the Treasury of the United States the Panama Canal Commission Compensation Fund (hereafter in this Act referred to as the “Fund”).
(Pub. L. 100–705, § 2, Nov. 19, 1988, 102 Stat. 4685.)
§ 3715a. Operation of Fund
(a) Deposits to Fund
(b) Calculation of amounts to be deposited
(c) Investment of amounts in Fund
(Pub. L. 100–705, § 3, Nov. 19, 1988, 102 Stat. 4685.)
§ 3715b. Transfers from Fund for compensation benefits
The Secretary of the Treasury shall, upon request of the Secretary of Labor, transfer funds from the Fund to the Employees’ Compensation Fund to reimburse the Employees’ Compensation Fund for the total cost of workers’ compensation benefits and other payments described in section 3715a(a) of this title that are provided on or after October 1, 1988.
(Pub. L. 100–705, § 4, Nov. 19, 1988, 102 Stat. 4685.)
§ 3715c. Final evaluation of Fund; deficiency or surplus in Fund
(a) Final evaluation of Fund
(b) Deficiency or surplus in Fund
(c) Continuity of Fund
(1) Amounts in the Fund (including amounts transferred as a result of the final determination made under subsection (a)) shall be maintained by the Secretary of the Treasury, shall be made available for transfer to the Employees’ Compensation Fund in such amounts as are requested by the Secretary of Labor pursuant to section 3715b of this title, and may be discontinued only in accordance with paragraph (2).
(2) At such time as the Secretary of Labor certifies that no further liability exists for workers compensation benefits or other payments described in section 3715a(a) of this title, the Secretary of the Treasury may discontinue the Fund in the manner provided by law.
(Pub. L. 100–705, § 5, Nov. 19, 1988, 102 Stat. 4686; Pub. L. 101–510, div. C, title XXXV, § 3507, Nov. 5, 1990, 104 Stat. 1847; Pub. L. 105–85, div. C, title XXXV, § 3545, Nov. 18, 1997, 111 Stat. 2072.)
§ 3715d. Continuation of benefits
The provisions of chapter 81 of title 5 shall, on or after October 1, 1988, continue to be the exclusive remedy, in accordance with section 8116 of such title, for the disability or death of any employee of the Panama Canal Commission, or any of its predecessor agencies, who is covered under such chapter, resulting from injuries sustained while in the performance of the employee’s duty. The rights of any such employee for workers’ compensation benefits shall be based only on the provisions of that chapter.
(Pub. L. 100–705, § 6, Nov. 19, 1988, 102 Stat. 4686.)