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 February 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; Public Law 102-484 [National Defense Authorization Act for Fiscal Year 1993, H.R. 5006], 106 Stat. 2315, approved October 23, 1992; Public Law 103-160 [National Defense Authorization Act for Fiscal Year 1994, H.R. 2401], 107 Stat. 1547, approved November 30, 1993 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. For text of the Panama Canal Treaty, the document which this legislation implemented, see Legislation on Foreign Relations, vol. V, sec. G. 1112. Code of Conduct for Commission personnel. 1113. Office of Ombudsman. CHAPTER 2-EMPLOYEES Subchapter I-Panama Canal Commission Personnel 1201. Definitions. 1202. Appointment and compensation; duties. 1203. Transfer of Federal employees. 1204. Compensation of individuals in the uniformed services. 1205. Deduction from basic pay of amounts due for supplies or services. 1206. Cost of living allowance. 1207. Educational travel benefits. 1208. Privileges and immunities of certain employees. 1209. Inapplicability of certain benefits to certain noncitizens. Subchapter II-Wage and Employment Practices 1210. Travel and transportation expenses. 1211. Definitions. 1212. Panama Canal Employment System; merit and other employment require 1216. Uniform application of standards and rates. 1217. Recruitment and retention remuneration 1217a. Quarters allowances 1218. Benefits based on basic pay. 1219. Salary protection upon conversion of pay base. 1220. Review and adjustment of classifications, grades, and pay level. 1221. Panama Canal Board of Appeals; duties. 1222. Appeals to Board; procedure; finality of decisions. 1223. Administration by the President. 1224. Applicability of certain laws. 1225. Minimum level of pay; minimum annual increases. Subchapter III-Conditions of Employment and Placement 1231. Transferred on reemployed employees. 1232. Placement. Subchapter IV-Retirement 1241. Early retirement eligibility. 1242. Early retirement computation. 1243. Retirement under special treaty provisions. 1244. Obligation of Commission for unfunded liability. 1245. Cash relief to certain former employees. 1246. Appliances for employees injured before September 7, 1916. Subchapter V-Leave 1251. Leave for jury or witness service. Subchapter VI-Application to Related Personnel 1261. Law enforcement; Canal Zone Civilian Personnel Policy Coordinating Board; related employees. Subchapter VII-Labor-Management Relations 1271. Labor-management relations. CHAPTER 3-FUNDS AND ACCOUNTS Subchapter I-Funds 1301. Canal Zone Government funds. 1302. Panama Canal Revolving Fund. 1303. Emergency authority. 1304. Borrowing authority. 1305. Dissolution of Commission. Subchapter II-Accounting Policies and Audits 1311. Accounting policies. 1312. Reports. 1313. Audit by the Comptroller General of the United States. 1321. Interagency services; reimbursements. Subchapter III-Interagency Accounts Subchapter IV-Postal Matters 1331. Postal service. Subchapter V-Accounts With the Republic of Panama 1341. Payment to the Republic of Panama. 1342. Transactions with the Republic of Panama. 1343. Disaster relief. 1344. Congressional restraints on property transfers and expenditures. CHAPTER 4-CLAIMS FOR INJURIES TO PERSONS OR PROPERTY 1401. Settlement of claims generally. Subchapter I-General Provisions Subchapter II-Vessel Damage 1411. Injuries in locks of Canal. 1412. Injuries outside locks. 1413. Measures of damages generally. 1414. Delays for which no responsibility is assumed. 1415. Settlement of claims. 1416. Actions on claims. 1417. Investigation of accident or injury giving rise to claim. 1418. Board of Local Inspectors. 1419. Insurance CHAPTER 5-PUBLIC PROPERTY 1501. Assets and liabilities of Panama Canal Company. CHAPTER 6-TOLLS FOR USE OF THE PANAMA CANAL 1601. Prescription of measurement rules and rates of tolls. TITLE II-TREATY TRANSITION PERIOD 2101. Laws, regulations, and administrative authority. 2201. Jurisdiction. CHAPTER 2-COURTS 2202. Divisions and terms of District Court. 2203. Terms of certain offices. 2204. Residence requirements. 2205. Special District Judge. 2206. Magistrates' courts. CHAPTER 3-ATTORNEYS 2301. Oath of attorneys. CHAPTER 4-TRANSITION AUTHORITY 2401. Transition authority of President. 2402. Prisons; parole; pardons. TITLE III-GENERAL PROVISIONS CHAPTER 1-CEMETERIES 3101. Disinterment, transportation, and reinterment of remains. 3201. Special immigrants. CHAPTER 2-IMMIGRATION CHAPTER 3-Reports; Amendments; Repeals and RedesignATION; EFFECTIVE Date 3301. Report. 3302. Amendments. 3303. Repeals and redesignation. 3304. Effective date. STATEMENT OF PURPOSE SEC. 2.2 It is the purpose of this Act to provide legislation necessary or desirable for the implementation of the Panama Canal Treaty of 1977 between the United States of America and the Republic of Panama and of the related agreements accompanying that Treaty. DEFINITIONS AND RECOMMENDATION FOR LEGISLATION SEC. 3.3 (a) For purposes of this Act (1) references to the Panama Canal Treaty of 1977 refer to the Panama Canal Treaty between the United States of America and the Republic of Panama, signed September 7, 1977; and (2) references to the Panama Canal Treaty of 1977 and related agreements refer to the Panama Canal Treaty of 1977, the agreements relating to and implementing that Treaty, signed September 7, 1977; and the Agreement Between the United States of America and the Republic of Panama Concerning Air Traffic Control and Related Services, concluded January 8, 1979. (b) Subject to the provisions of subsection (c) of this section, for purposes of applying the Canal Zone Code or other laws of the 2 22 U.S.C. 3601. 3 22 U.S.C. 3602. United States and regulations issued pursuant to such Code or other laws with respect to transactions, occurrences, or status on or after the effective date of this Act (1) "Canal Zone" shall be deemed to refer to the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements; (2) "Canal Zone waters" and "waters of the Canal Zone" shall be deemed to refer to "Panama Canal waters" and "waters of the Panama Canal", respectively; (3) "Government of the Canal Zone" or "Canal Zone Government" shall be deemed to refer to the United States of America; (4) "Governor of the Canal Zone" or "Governor", wherever the reference is to the Governor of the Canal Zone, shall be deemed to refer to the Panama Canal Commission; (5) "Panama Canal Company" or "Company", wherever the reference is to the Panama Canal Company, shall be deemed to refer to the Panama Canal Commission; (6) in chapter 57 of title 5 of the Canal Zone, "hospitals" and "health Bureau" shall be deemed to refer, respectively, to the hospitals operated by the United States in the Republic of Panama, and to the organizational unit operating such hospitals; and (7) in chapter 57 of title 5 of the Canal Zone Code, in section 4784 of title 6 of such Code, and in section 2 of title 7 of such Code, "health director" shall be deemed to refer to the senior official in charge of the hospitals operated by the United States in the Republic of Panama. (c) Any reference set forth in subsection (b) of this section shall apply except as otherwise provided in this Act or unless (1) such reference is inconsistent with the provisions of this Act, (2) in the context in which a term is used such reference is clearly not intended, or (3) a term refers to a time before the effective date of this Act. (d) The President shall, within two years after the Panama Canal Treaty of 1977 enters into force, submit to the Congress a request for legislation which would (1) amend or repeal provisions of law which in their present form are applicable only during the transition period prescribed in Article XI of that Treaty. (2) repeal the Canal Zone Code, and (3) contain provisions considered necessary and appropriate in light of the experience as of that time under that Treaty. |