711
HR 1530 RFS
States and the Republic of Panama may each invite to
attend meetings of the Board, as a designated inter-
national advisor to the Board, one individual chosen for
the independent perspective that individual can bring to
the Commission’s affairs, and who—
‘‘(A) is not a citizen of Panama;
‘‘(B) does not represent any user or customer
of the Panama Canal, or any particular interest
group or nation; and
‘‘(C) does not have any financial interest which
could constitute an actual or apparent conflict with
regard to the relationship of the individual with the
Board of the Commission.
‘‘(2) Such designated international advisors may be
compensated by the Commission in the same manner and
under the same circumstances as apply under subsection
(b) with regard to members of the Board. Such designated
international advisors shall have no vote on matters pend-
ing before the Board.’’.
SEC. 3525. GENERAL AND SPECIFIC POWERS OF COMMIS-
SION.
The Panama Canal Act of 1979 (22 U.S.C. 3601 et
seq.) is amended by inserting after section 1102 the fol-
lowing new sections:
712
HR 1530 RFS
‘‘GENERAL POWERS OF THE COMMISSION
‘‘SEC. 1102a. (a) The Commission, subject to the
Panama Canal Treaty of 1977 and related agreements,
and to chapter 91 of title 31, United States Code, popu-
larly known as the Government Corporation Control Act—
‘‘(1) may adopt, alter, and use a corporate seal,
which shall be judicially noticed;
‘‘(2) may by action of the Board of Directors
adopt, amend, and repeal bylaws governing the con-
duct of its general business and the performance of
the powers and duties granted to or imposed upon
it by law;
‘‘(3) may sue and be sued in its corporate
name, except that—
‘‘(A) its amenability to suit is limited by
Article VIII of the Panama Canal Treaty of
1977, section 1401 of this Act, and otherwise
by law;
‘‘(B) an attachment, garnishment, or simi-
lar process may not be issued against salaries
or other moneys owed by the Commission to its
employees except as provided by section 5520a
of title 5, United States Code, and section 459,
461, and 462 of the Social Security Act (42
U.S.C. 659, 661, 662), or as otherwise specifi-
713
HR 1530 RFS
cally authorized by the laws of the United
States; and
‘‘(C) it is exempt from the payment of in-
terest on claims and judgments;
‘‘(4) may enter into contracts, leases, agree-
ments, or other transactions; and
‘‘(5) may determine the character of, and neces-
sity for, its obligations and expenditures and the
manner in which they shall be incurred, allowed, and
paid, and may incur, allow, and pay them, subject
to pertinent provisions of law generally applicable to
Government corporations.
‘‘(b) The Commission shall have the priority of the
Government of the United States in the payment of debts
out of bankrupt estates.
‘‘SPECIFIC POWERS OF COMMISSION
‘‘SEC. 1102b. (a) Subject to the Panama Canal Trea-
ty of 1977 and related agreements, and to chapter 91 of
title 31, United States Code, popularly known as the Gov-
ernment Corporation Control Act, the Commission may—
‘‘(1) manage, operate, and maintain the Pan-
ama Canal;
‘‘(2) construct or acquire, establish, maintain,
and operate docks, wharves, piers, shoreline facili-
ties, shops, yards, marine railways, salvage and tow-
ing facilities, fuel-handling facilities, motor transpor-
714
HR 1530 RFS
tation facilities, power systems, water systems, a
telephone system, construction facilities, living quar-
ters and other buildings, warehouses, storehouses, a
printing plant, and manufacturing, processing, or
service facilities in connection therewith, recreational
facilities, and other activities, facilities, and appur-
tenances necessary and appropriate for the accom-
plishment of the purposes of this Act;
‘‘(3) use the United States mails in the same
manner and under the same conditions as the execu-
tive departments of the Federal Government; and
‘‘(4) take such actions as are necessary or ap-
propriate to carry out the powers specifically con-
ferred upon it.’’.
SEC. 3526. CONGRESSIONAL REVIEW OF BUDGET.
Section 1302 of the Panama Canal Act of 1979 (22
U.S.C. 3712) is amended—
(1) in subsection (c)(1) by striking ‘‘and subject
to paragraph (2)’’;
(2) by striking paragraph (2);
(3) by redesignating paragraph (3) as para-
graph (2); and
(4) by amending subsection (e) to read as fol-
lows:
715
HR 1530 RFS
‘‘(e) In accordance with section 9104 of title 31,
United States Code, the Congress shall review the annual
budget of the Commission.’’.
SEC. 3527. AUDITS.
Section 1313 of the Panama Canal Act of 1979 (22
U.S.C. 3723) is amended—
(1) by striking the heading for the section and
inserting the following:
‘‘AUDITS’’;
(2) in subsection (a) by striking ‘‘Financial
transactions’’ and inserting ‘‘Subject to subsection
(d), financial transactions’’;
(3) in subsection (b) in the first sentence by
striking ‘‘The Comptroller General’’ and inserting
‘‘Subject to subsection (d), the Comptroller Gen-
eral’’; and
(4) by adding at the end the following new sub-
sections:
‘‘(d) At the discretion of the Board provided for in
section 1102, the Commission may hire independent audi-
tors to perform, in lieu of the Comptroller General, the
audit and reporting functions prescribed in subsections (a)
and (b).
‘‘(e) In addition to auditing the financial statements
of the Commission, the independent auditor shall, in ac-
cordance with standards for an examination of a financial
716
HR 1530 RFS
forecast established by the American Institute of Certified
Public Accountants, examine and report on the Commis-
sion’s financial forecast that it will be in a position to meet
its financial liabilities on December 31, 1999.’’.
SEC. 3528. PRESCRIPTION OF MEASUREMENT RULES AND
RATES OF TOLLS.
Section 1601 of the Panama Canal Act of 1979 (22
U.S.C. 3791) is amended to read as follows:
‘‘PRESCRIPTION OF MEASUREMENT RULES AND RATES OF
TOLLS
‘‘SEC. 1601. The Commission may, subject to the
provisions of this Act, prescribe and from time to time
change—
‘‘(1) the rules for the measurement of vessels
for the Panama Canal; and
‘‘(2) the tolls that shall be levied for use of the
Panama Canal.’’.
SEC. 3529. PROCEDURES FOR CHANGES IN RULES OF MEAS-
UREMENT AND RATES OF TOLLS.
Section 1604 of the Panama Canal Act of 1979 (22
U.S.C. 3794) is amended—
(1) in subsection (a) in the first sentence by
striking ‘‘1601(a)’’ and inserting ‘‘1601’’;
(2) by amending subsection (c) to read as fol-
lows:
717
HR 1530 RFS
‘‘(c) After the proceedings have been conducted pur-
suant to subsections (a) and (b) of this section, the Com-
mission may change the rules of measurement or rates of
tolls, as the case may be. The Commission shall, however,
publish notice of such change in the Federal Register not
less than 30 days before the effective date of the change.’’;
and
(3) by striking subsections (d) and (e) and re-
designating subsection (f) as subsection (d).
SEC. 3530. MISCELLANEOUS TECHNICAL AMENDMENTS.
The Panama Canal Act of 1979 is amended—
(1) in section 1205 (22 U.S.C. 3645) in the last
sentence by striking ‘‘appropriation’’ and inserting
‘‘fund’’;
(2) in section 1303 (22 U.S.C. 3713) by strik-
ing ‘‘The authority of this section may not be used
for administrative expenses.’’;
(3) in section 1321(d) (22 U.S.C. 3731(d)) in
the second sentence by striking ‘‘appropriations or’’;
(4) in section 1401(c) (22 U.S.C. 3761(c)) by
striking ‘‘appropriated for or’’;
(5) in section 1415 (22 U.S.C. 3775) by strik-
ing ‘‘appropriated or’’; and
(6) in section 1416 (22 U.S.C. 3776) in the
third sentence by striking ‘‘appropriated or’’.
718
HR 1530 RFS
SEC. 3531. CONFORMING AMENDMENT TO TITLE 31, UNITED
STATES CODE.
Section 9101(3) of title 31, United States Code, is
amended by adding at the end the following:
‘‘(P) the Panama Canal Commission.’’.
Passed the House of Representatives June 15, 1995.
Attest:
ROBIN H. CARLE,
Clerk.
HR 1530 RFS——2
HR 1530 RFS——3
HR 1530 RFS——4
HR 1530 RFS——5
HR 1530 RFS——6
HR 1530 RFS——7
HR 1530 RFS——8
HR 1530 RFS——9
HR 1530 RFS——10
HR 1530 RFS——11
HR 1530 RFS——12
HR 1530 RFS——13
HR 1530 RFS——14
HR 1530 RFS——15
HR 1530 RFS——16
HR 1530 RFS——17
HR 1530 RFS——18
719
HR 1530 RFS
HR 1530 RFS——19
HR 1530 RFS——20
HR 1530 RFS——21
HR 1530 RFS——22
HR 1530 RFS——23
HR 1530 RFS——24
HR 1530 RFS——25
HR 1530 RFS——26
HR 1530 RFS——27
HR 1530 RFS——28
HR 1530 RFS——29
HR 1530 RFS——30
HR 1530 RFS——31
HR 1530 RFS——32
HR 1530 RFS——33
HR 1530 RFS——34
HR 1530 RFS——35
HR 1530 RFS——36
HR 1530 RFS——37
HR 1530 RFS——38
HR 1530 RFS——39
HR 1530 RFS——40
HR 1530 RFS——41
HR 1530 RFS——42
HR 1530 RFS——43
720
HR 1530 RFS
HR 1530 RFS——44
HR 1530 RFS——45
HR 1530 RFS——46