22 U.S.C. § 3731 — Reimbursements

Page 1402 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3731 Institute of Certified Public Accountants, exam- ine and report on the Commission’s financial forecast that it will be in a position to meet its financial liabilities on December 31, 1999. (Pub. L. 96–70, title I, § 1313, Sept. 27, 1979, 93 Stat. 479; Pub. L. 104–106, div. C, title XXXV, § 3526(a), Feb. 10, 1996, 110 Stat. 640; Pub. L. 104–201, div. C, title XXXV, §§ 3541(b), 3546(a)(9), (b), Sept. 23, 1996, 110 Stat. 2867, 2868; Pub. L. 105–261, div. C, title XXXV, § 3512(a)(3), Oct. 17, 1998, 112 Stat. 2271.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 96–70, Sept. 27, 1979, 93 Stat. 452, known as the Panama Canal Act of 1979, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. CODIFICATION Subsec. (b) of this section, which required the Comp- troller General, not later than six months after the end of each fiscal year, to submit to Congress a report of the audit conducted pursuant to subsec. (a) of this sec- tion, terminated, effective May 15, 2000, pursuant to section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance. See, also, page 4 of House Document No. 103–7. AMENDMENTS 1998—Subsecs. (a), (b), (d). Pub. L. 105–261 substituted ‘‘subsection (c)’’ for ‘‘subsection (d)’’. 1996—Pub. L. 104–106, § 3526(a)(1), substituted ‘‘Audits’’ for ‘‘Audit by the Comptroller General of the United States’’ as section catchline. Subsec. (a). Pub. L. 104–201, § 3541(b), which directed substitution of ‘‘chapter 91 of title 31’’ for ‘‘the Ac- counting and Auditing Act of 1950 (31 U.S.C. 65 et seq.)’’, could not be executed because that phrase did not appear subsequent to amendment by Pub. L. 104–106, § 3526(a)(2)(B). See below. Pub. L. 104–106, § 3526(a)(2), substituted ‘‘Notwith- standing any other provision of law, and subject to sub- section (d), financial transactions’’ for ‘‘Financial transactions’’, struck out ‘‘pursuant to the Accounting and Auditing Act of 1950 (31 U.S.C. 65 et seq.)’’ after ‘‘as the ‘Comptroller General’)’’, substituted ‘‘conducting any such audit’’ for ‘‘conducting any audit pursuant to such Act’’ and ‘‘Any such audit shall first’’ for ‘‘An audit pursuant to such Act shall first’’, and inserted at end ‘‘An audit performed under this section is subject to the requirements of paragraphs (2), (3), and (5) of sec- tion 9105(a) of title 31.’’ Subsec. (b). Pub. L. 104–106, § 3526(a)(3), substituted ‘‘Subject to subsection (d) of this section, the Comp- troller General’’ for ‘‘The Comptroller General’’ in in- troductory provisions. Subsec. (c). Pub. L. 104–201, § 3546(b), redesignated sub- sec. (d) as (c). Pub. L. 104–201, § 3546(a)(9), struck out subsec. (c) which read as follows: ‘‘In conducting the audits and preparing the reports provided for in this section and in carrying out his other responsibilities pursuant to law, the Comptroller General shall, with respect to fiscal year 1980, take into account the problems inherent in converting the existing accounting system of the Pan- ama Canal Company to conform to the requirements established in section 3721 of this title. Accordingly, the Comptroller General shall take no adverse action with respect to the Commission, nor shall any violation of sections 1341, 1342, and 1349–1351 and subchapter II of chapter 15 of title 31 be considered to have taken place, so long as the Commission is in substantial compliance with the requirements of this chapter. The Comptroller General shall make such recommendations to the Com- mission and to the Congress as he may consider appro- priate to insure that full compliance with the financial controls provided for in chapter 91 of title 31 is achieved promptly.’’ Pub. L. 104–201, § 3541(b), substituted ‘‘chapter 91 of title 31’’ for ‘‘the Accounting and Auditing Act of 1950 (31 U.S.C. 65 et seq.)’’. Subsec. (d). Pub. L. 104–201, § 3546(b), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Pub. L. 104–106, § 3526(a)(4), added subsec. (d). Subsec. (e). Pub. L. 104–201, § 3546(b), redesignated sub- sec. (e) as (d). Pub. L. 104–106, § 3526(a)(4), added subsec. (e). SUBPART III—INTERAGENCY ACCOUNTS § 3731. Reimbursements (a) Reimbursement of the Employees’ Compensa- tion Fund, Bureau of Employees’ Compensa- tion, Department of Labor, and other Gov- ernment departments and agencies by Com- mission The Commission shall reimburse the Employ- ees’ Compensation Fund, Bureau of Employee’s Compensation, Department of Labor, for the benefit payments to the Commission’s employ- ees, and shall also reimburse other Government departments and agencies for payments of a similar nature made on its behalf. (b) Reimbursement of Commission by Depart- ment of Defense The Department of Defense shall reimburse the Commission for amounts expended by the Commission in maintaining defense facilities in standby condition for the Department of De- fense. (c) Designation of funds of Department of De- fense or any other department or agency of United States to carry out purposes of this subsection Notwithstanding any other provision of law, funds appropriated (for any fiscal year beginning after September 30, 1979) to or for the use of the Department of Defense, or to any other depart- ment or agency of the United States as may be designated by the President to carry out the purposes of this subsection, shall be available for— (1) conducting the educational and health care activities, including kindergartens and college, carried out by the Canal Zone Govern- ment and the Panama Canal Company before October 1, 1979, and (2) providing the services related thereto to the categories of persons to which such serv- ices were provided before October 1, 1979. Notwithstanding any other provision of law, the Department of Defense, or any department or agency designated by the President to provide health care services to those categories of per- sons referred to in this subsection, shall provide such services to such categories of persons on a basis no less favorable than that applied to its own employees and their dependents. (d) Reimbursement to departments or agencies furnishing services Amounts expended for furnishing services re- ferred to in subsection (c) of this section to per- Page 1403 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3741 sons eligible to receive them, less amounts pay- able by such persons, shall be fully reimbursable to the department or agency furnishing the services, except to the extent that such expendi- tures are the responsibility of that department or agency. The funds of the Commission shall be available for such reimbursements on behalf of— (1) employees of the Commission, and (2) other persons authorized to receive such services who are eligible to receive them pur- suant to the Panama Canal Treaty of 1977 and related agreements. The appropriations or funds of any other depart- ment or agency of the United States conducting operations in the Republic of Panama, including the Smithsonian Institution, shall be available for reimbursements on behalf of employees of such department or agency and their depend- ents. (e) Repealed. Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269 (f) Reimbursement of United States by Republic of Panama for salaries and other employ- ment costs For purposes of the reimbursement of the United States by the Republic of Panama for the salaries and other employment costs of employ- ees of the Commission who are assigned to assist the Republic of Panama in the operation of ac- tivities which are transferred to that Govern- ment as a result of any provision of the Panama Canal Treaty of 1977 and related agreements, which reimbursement is provided for in para- graph 8 of Article 10 of that Treaty, the Commis- sion shall be deemed to be the United States of America. (g) Operation of Canal Zone College Notwithstanding any other provision of law, the President, through the appropriate depart- ment or agency of the United States, shall, until January 1, 2000, operate the educational institu- tion known as the ‘‘Canal Zone College’’. Such institution shall continue to provide, insofar as practicable, the level of services which it offered immediately before October 1, 1979. (h) Prohibition of funds for uses other than Com- mission activities Except as expressly provided in this chapter, funds available to the Panama Canal Commis- sion may not be made available to any other agency as that term is defined in section 551 of title 5, nor may funds be authorized or appro- priated for any function other than Panama Canal Commission activities. (Pub. L. 96–70, title I, § 1321, Sept. 27, 1979, 93 Stat. 480; Pub. L. 99–223, § 5(c), Dec. 28, 1985, 99 Stat. 1739; Pub. L. 100–705, § 8, Nov. 19, 1988, 102 Stat. 4686; Pub. L. 102–484, div. C, title XXXV, § 3512, Oct. 23, 1992, 106 Stat. 2655; Pub. L. 103–337, div. C, title XXXVI, § 3604, Oct. 5, 1994, 108 Stat. 3112; Pub. L. 104–106, div. C, title XXXV, § 3529(3), Feb. 10, 1996, 110 Stat. 642; Pub. L. 104–201, div. C, title XXXV, § 3542, Sept. 23, 1996, 110 Stat. 2867; Pub. L. 105–85, div. C, title XXXV, §§ 3525(b), 3550(d)(2)(A), (B), Nov. 18, 1997, 111 Stat. 2066, 2074; Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (h), was in the original ‘‘this Act’’, meaning Pub. L. 96–70, Sept. 27, 1979, 93 Stat. 452, known as the Panama Canal Act of 1979, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. AMENDMENTS 1998—Subsec. (e). Pub. L. 105–261 struck out subsec. (e) which provided that appropriations or funds of the Commission or of any other department or agency of the United States conducting operations in the Repub- lic of Panama were available to defray the cost of cer- tain health care services and educational services. 1997—Subsec. (c)(1). Pub. L. 105–85, § 3550(d)(2)(A), sub- stituted ‘‘October 1, 1979’’ for ‘‘the effective date of this Act’’. Subsec. (c)(2). Pub. L. 105–85, § 3550(d)(2)(B), sub- stituted ‘‘October 1, 1979’’ for ‘‘such effective date’’. Subsec. (e)(2). Pub. L. 105–85, § 3525(b), substituted ‘‘, to other Commission employees when determined by the Commission to be necessary for their recruitment or retention, and to other persons’’ for ‘‘and persons’’. 1996—Subsec. (d). Pub. L. 104–106 struck out ‘‘appro- priations or’’ before ‘‘funds of the Commission’’ in in- troductory provisions. Subsec. (e). Pub. L. 104–201 inserted concluding provi- sions ‘‘Notwithstanding the provisions relating to the availability of adequate schools contained in section 5924(4)(A) of title 5, the Commission shall by regulation determine the extent to which costs of educational services may be defrayed under this subsection.’’ 1994—Subsec. (e)(2). Pub. L. 103–337 inserted ‘‘or the United States’’ after ‘‘schools in the Republic of Pan- ama’’. 1992—Subsec. (e)(1). Pub. L. 102–484 inserted ‘‘provided by medical facilities licensed and approved by the Re- public of Panama (and not operated by the United States)’’ after ‘‘health care services’’. 1988—Subsec. (h). Pub. L. 100–705 added subsec. (h). 1985—Subsec. (e). Pub. L. 99–223 amended subsec. (e) generally, striking out ‘‘, in accordance with sub- section (d) of this section,’’ after ‘‘shall be available’’ in provisions preceding par. (1) and inserting ‘‘employ- ees of the Commission who are citizens of the United States and’’ in par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269, provided that the amendment made by section 3507(a) striking out subsec. (e) of this section is effective 11:59 p.m. (Eastern Standard Time), Dec. 30, 1999, and any right or condition of employment pro- vided for in, or arising from, subsec. (e) of this section is terminated. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–705 effective Oct. 1, 1988, see section 10 of Pub. L. 100–705, set out as a note under section 3612 of this title. EFFECTIVE DATE OF 1985 AMENDMENT Amendment by Pub. L. 99–223 effective Oct. 1, 1985, see section 8 of Pub. L. 99–223, set out as a note under section 3612 of this title. SUBPART IV—POSTAL MATTERS § 3741. Postal service (a) Possession or administration of funds by Commission The Commission shall take possession of and administer the funds of the Canal Zone postal service and shall assume its obligations.