ÆäÀÌÁö À̹ÌÁö
PDF
ePub

§ 70. Payment of excess funds into Treasury

The board of directors shall appraise, at least annually, its necessary working capital requirements, together with reasonable foreseeable requirements for authorized plant replacement and expansion and pay into the Treasury as dividends the amount of funds in excess thereof. The dividends shall be treated by the Treasury as miscellaneous receipts, but shall be treated on the books of the Company as applicable to reduction of past or future direct Government capital contributions (as provided by section 62(f) of this title) in determining the base for interest payments required by section 62(e) of this title.

§ 71. Borrowing from Treasury

The Panama Canal Company may borrow from the Treasury, for any of the purposes of the Company, not more than $10,000,000 outstanding at any time. For this purpose, the Company may issue to the Secretary of the Treasury its notes, or other obligations, which shall have maturities agreed upon by the Company and the Secretary of the Treasury, but shall be redeemable at the option of the Company before maturity in such manner as may be stipulated in the obligations. Each obligation shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average rate on current marketable obligations of the United States of comparable maturities as of the last day of the month preceding the issuance of the obligation of the Company. The Secretary of the Treasury shall purchase obligations of the Company to be issued under this section, and for such purpose the Secretary of the Treasury may use as a public-debt transaction the proceeds from the sale of any securities issued pursuant to the Second Liberty Bond Act, as amended, and the purposes for which securities may be issued pursuant to the Second Liberty Bond Act, as amended, are extended to include any purchases of the Company's obligations pursuant to this section. § 72. Appropriations to cover losses

Appropriations are authorized for payment to the Panama Canal Company of such amounts as may be shown in its annual budget program as necessary to cover losses sustained in the conduct of its activities. Amounts appropriated to the Company under authority of this section may not be added to the amount of the receipt referred to in subsections (a) and (c) of section 62 of this title, and may not require payment of interest pursuant to section 62(e) of this title. Repayments by the Company to the Treasury may not, in any case, be treated as dividends pursuant to section 62(f) and section 70 of this title, until all amounts appropriated to the Company under the authority of this section are repaid to the Treasury.

§ 73. Transfer of Canal and facilities to Company

The transfer to the Company, made by the President under authority of law, of:

(1) the Panama Canal, together with the facilities and appurtenances related thereto;

(2) the facilities and appurtenances maintained and operated, prior to the transfer, by the Panama Canal under authority of section 51 of Title 2 of the Canal Zone Code of 1934, as amended by section 2 of the Act of August 12, 1949, chapter 422, 63 Stat. 601 (since repealed); and

(3) personnel, property, records, related assets, contracts, obligations, and liabilities of or appertaining to the Canal and such facilities or appurtenances

shall be deemed to have been accepted and assumed by the Company without the necessity of any act on the part of the Company except as otherwise stipulated by section 62 of this title.

§ 74. Insurance coverage

The Panama Canal Company may not carry insurance to cover marine or fire losses.

This section does not apply to the matter, governed by the Act of July 8, 1937 (50 Stat. 480; 5 U.S.C., sec. 134c), of insurance against loss, destruction, or damage in the shipment of valuables.

§ 75. Amendment or repeal

The right to amend or repeal sections 61-73 of this title is expressly reserved.

CHAPTER 7-EMPLOYEES OF GOVERNMENT AGENCIES

Sec.

SUBCHAPTER I-CANAL ZONE GOVERNMENT EMPLOYEES

101. Appointment and compensation of Government employees.
102. Exemption of teachers with respect to dual offices and double salaries.
103. Deduction from compensation of amounts due for supplies or services.
SUBCHAPTER II-PANAMA CANAL COMPANY EMPLOYEES

121. Appointment and compensation; duties; delegation of powers; bonds.
122. Deduction from compensation of amounts due for supplies or services.
123. Hours of work for telegraph operators and train dispatchers.

SUBCHAPTER III-WAGE AND EMPLOYMENT PRACTICES

141. Definitions.

142. General rules governing wage and employment practices. 143. Employment standards.

144. Compensation.

145. Uniform application of standards and rates.

146. Additional allowance and differential.

147. Security positions.

148. Benefits based on compensation.

149. Canal Zone Merit System.

150. Salary protection upon conversion of compensation base.

151. Review and adjustment of classifications, grades, and pay levels; by department.

152. Same; Board of Appeals; duties.

153. Same; appeals to Board; procedure; finality of decisions.

154. Participation in training programs.

155. Administration by President; regulations; delegation of authority.

156. Applicability of other laws.

SUBCHAPTER IV—RETIREMENT AND OTHER BENEFITS

181. Cash relief to certain former employees; applicability of Civil Service Retirement Act to certain employees.

182. Appliances for employees injured prior to September 7, 1916.

SUBCHAPTER V-MISCELLANEOUS

201. Compensation of persons in military, naval, or Public Health Service who serve Canal Zone Government or Panama Canal Company.

Subchapter I-Canal Zone Government Employees

§ 101. Appointment and compensation of Government employees (a) Except as otherwise provided by law, and subject to the supervision provided by section 31 of this title, the Governor shall:

(1) appoint all officers and employees of the Canal Zone Government; and

(2) prescribe the compensation of officers and employees of the Canal Zone Government, and establish their conditions of employment, including matters relating to transportation, medical care, leave, office hours, and hours of labor.

(b) Compensation prescribed by the Governor under this section. may not exceed, in any case, by more than 25 percent, the compensation paid for the same or similar services to persons employed by the Government in the continental United States. The definition of "continental United States" contained in section 141 of this title applies to that term as used in this subsection.

(c) This section does not affect the application to employees of the Canal Zone Government of the provisions of section 23 of the Independent Offices Appropriation Act, 1935 (48 Stat. 522; 5 U.S.C., sec. 673c).

§ 102. Exemption of teachers with respect to dual offices and double salaries

Section 2 of the Legislative, Executive, and Judicial Appropriation Act, approved July 31, 1894, as amended (28 Stat. 205; 5 U.S.C., sec. 62), and section % of the Legislative, Executive, and Judicial Appropriation Act, approved May 10, 1916, as amended (39 Stat. 120; 5 U.S.C., sec. 58), do not apply to teachers in the public schools of the Canal Zone who are also employed in night schools or in vacation schools or programs.

§ 103. Deduction from compensation of amounts due for supplies or services

Amounts due from officers and employees, whether to the Canal Zone Government, Panama Canal Company, or contractor, for transportation, board, supplies or any other service, may be deducted from the compensation otherwise payable to them, and may be paid to the authorized parties or credited to the appropriation out of which the transportation, board, supplies, or other service was originally paid.

Subchapter II-Panama Canal Company Employees

§ 121. Appointment and compensation; duties; delegation of powers; bonds

(a) Except as provided by section 64 of this title, the Panama Canal Company may:

(1) appoint, fix the compensation of, and define the authority and duties of, officers, agents, attorneys, and employees necessary for the conduct of the business of the Company;

(2) require such of the persons appointed, whom it designates, to be bonded, and fix the penalties and pay the premiums of the bonds; and

(3) delegate to the persons appointed such of its powers as it deems necessary.

(b) Officers and employees of the United States, may, if appointed under this section, serve as officers or employees of the Company.

§ 122. Deduction from compensation of amounts due for supplies or services.

Section 103 of this title applies to the Panama Canal Company and to its officers and employees.

§ 123. Hours of work for telegraph operators and train dispatchers

(a) Except as provided by subsection (b) of this section, the Panama Canal Company may not require or permit any employee of the Company who, by the use of the telegraph or telephone, dispatches, reports, transmits, receives, or delivers orders pertaining to or affecting train movements, to be or remain on duty for a longer period than:

(1) nine hours in a twenty-four-hour period in a tower, office, place or station continuously operated night and day; or (2) thirteen hours in a tower, office, place or station operated only during the daytime.

(b) In case of emergency, the Panama Canal Company may permit the employees referred to in subsection (a) of this section to be and remain on duty for four additional hours in a twenty-four-hour period for not more than three days in a week.

Subchapter III-Wage and Employment Practices

§ 141. Definitions

As used in this subchapter:

"continental United States" means the several States of the United States of America existing on July 25, 1958, and the District of Columbia;

"department" means a department, agency, or independent establishment in the executive branch of the Government of the United States (including a corporation wholly owned or controlled by the United States) which conducts operations in the Canal Zone;

"employee" means an individual holding a position; and

"position" means those duties and responsibilities of a civilian nature under the jurisdiction of a department:

(1) which are performed in the Canal Zone; or

(2) with respect to which the exclusion of individuals from the Classification Act of 1949, as amended (5 U.S.C., ch. 21), is provided for by section 202 (21) (B) of that Act, as amended (5 U.S.C., sec. 1082 (21) (B)).

§ 142. General rules governing wage and employment practices (a) The head of each department shall conduct the wage and employment practices in the Canal Zone of his department in accordance with the:

(1) principles established in item 1 of the Memorandum of Understandings set forth in section 1(b) of Public Law 85-550 (July 25, 1958, 72 Stat. 405);

(2) provisions of this subchapter;

(3) regulations promulgated by, or under the authority of, the President of the United States in accordance with this subchapter; and

(4) provisions of applicable law.

(b) To the extent he deems appropriate, the President may:

(1) exclude any employee or position from this subchapter or from any provision of this subchapter; and

(2) extend to any employee, whether or not the employee is a citizen of the United States, the same rights and privileges as are provided by applicable laws and regulations for citizens of the United States employed in the competitive civil service of the Government of the United States.

§ 143. Employment standards

The head of each department shall establish written standards for the:

(1) determination of the qualifications and fitness of employees and of individuals under consideration for appointment to positions; and

(2) selection of individuals for appointment, promotion, or transfer to positions.

The standards shall conform with this subchapter, the regulations referred to in section 155 (a) of this title, and the Canal Zone Merit System referred to by section 149 of this title.

§ 144. Compensation

(a) The head of each department, in accordance with this subchapter, shall establish, and from time to time may revise, the rates of basic compensation for positions and employees under his jurisdiction.

(b) The rates of basic compensation may be established and revised in relation to the rates of compensation for the same or similar work performed in the continental United States or in such areas outside the continental United States as may be designated in the regulations referred to in section 155 (a) of this title.

(c) The head of each department may grant increases in rates of basic compensation in amounts not to exceed the amounts of the increases granted, from time to time, by Act of Congress in corresponding rates of compensation in the appropriate schedule or scale of pay. The head of the department concerned may make the increases effective as of such date as he designates but not earlier than the effective date of the corresponding increases provided by the Act of Congress.

(d) A rate of basic compensation established under this section may not exceed by more than 25 percent, when increased by the amounts of the allowance and the differential authorized by section 146 of this title, the rate of basic compensation for the same or similar work performed in the continental United States by employees of the Government of the United States.

§ 145. Uniform application of standards and rates

The established employment standards and rates of basic compensation established pursuant to sections 143 and 144 of this title shall be applied uniformly, irrespective of whether the employee or individual concerned is a citizen of the United States or a citizen of the Republic of Panama.

§ 146. Additional allowance and differential

In addition to established basic compensation, there shall be paid to each employee who is a citizen of the United States such amounts as the head of the department concerned determines to be payable, as follows:

(1) an allowance for taxes which operate to reduce his disposable income in comparison with the disposable incomes of those employees who are not citizens of the United States; and

(2) an overseas (tropical) differential not in excess of an amount equal to 25 percent of the aggregate amount of the rate of basic compensation so established and the amount of the allowance provided in accordance with paragraph (1) of this section.

§ 147. Security positions

Notwithstanding any other provision of this subchapter but subject to the regulations referred to in section 155 (a) of this title, the head of each department may designate any position under his jurisdiction as a position which for security reasons shall be filled by a citizen of the United States; including but not limited to, positions (a) involving security of property; (b) involving access to defense information not releasable to foreign nationals; or (c) requiring the use of United States citizens to insure continuity and capability of operation and administration of activities in the Canal Zone by the United States Government.

§ 148. Benefits based on compensation

For the purpose of determining:

(1) amounts of insurance under the Federal Employees' Group Life Insurance Act of 1954, as amended (5 U.S.C., sec. 2091 et seq.);

« ÀÌÀü°è¼Ó »