Page:United States Statutes at Large Volume 102 Part 5.djvu/680

 102 STAT. 4686

PUBLIC LAW 100-705—NOV. 19, 1988

total cost of workers' compensation benefits and other payments described in section 3(a) that are provided on or after October 1, 1988. 22 USC 3715c.

Contracts.

22 USC 3715d.

SEC. 5. FINAL EVALUATION OF THE FUND: DEFICIENCY OR SURPLUS IN THE FUND.

Upon the termination of the Panama Canal Commission: (a) FiNAL EVALUATION OF THE FuND.—The Secretary of Labor shall, on the basis of an actuarial study conducted by experts or consultants whose services are procured by the Secretary of Labor by contract, make a final determination of the amounts estimated to be necessary to meet expenditures for workers' compensation benefits and other payments described in section 3(a), as calculated in accordance with the second sentence of section 3(b). Amounts in the Fund shall be used to pay for the final determination under this subsection. The Secretary of the Treasury shall, in accordance with such final determination, transfer from the Fund to the Employee Compensation Fund amounts sufficient to meet expenditures for workers' compensation benefits and other payments described in section 3(a). (b) DEFICIENCY OR SURPLUS IN THE FUND.—If amounts in the Fund are not sufficient to meet expenditures as determined by the Secretary of Labor for workers' compensation benefits and other payments described in section 3(a), then amounts in the Panama Canal Revolving Fund not otherwise obligated shall be transferred to the Employees Compensation Fund to make up the deficiency. Any amounts remaining in the Fund in excess of the final determination amount as described in subsection (a) shall be transferred to the Panama Canal Revolving Fund, and may be used to satisfy lawful obligations of the Revolving Fund arising on or before December 31, 1999. SEC. 6. CONTINUATION OF BENEFITS.

The provisions of chapter 81 of title 5, United States Code, shall, on or after the effective date of this Act, 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. SEC. 7. PROXIES.

Section 1102(c) of the Panama Canal Act of 1979 (22 U.S.C. 3612(c)), is amended by striking out "Only one proxy may be valid at any one time.". SEC. 8. OTHER USES OF COMMISSION FUNDS PROHIBITED.

Section 1321 of the Panama Canal Act of 1979 (22 U.S.C. 3731) is amended by adding at the end thereof the following: "(h) Except as expressly provided in this Act, funds available to the Panama Canal Commission may not be made available to any other agency as that term is defined in section 551 of title 5, United States Code, nor may funds be authorized or appropriated for any function other* than Panama Canal Commission activities.".

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