US (United States) Code. Title 22. Chapter 51: Panama Canal

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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-CITE-

22 USC CHAPTER 51 - PANAMA CANAL 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

-MISC1-

CHAPTER 51 - PANAMA CANAL

-MISC1-

Sec.

3601. Congressional statement of purpose.

3602. Definitions.

(a) References to Panama Canal Treaty of 1977 and

related agreements.

(b) Definitions.

(c) Applicability of subsection (b).

(d) Definitions relating to Canal transition.

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

PART 1 - PANAMA CANAL COMMISSION

3611. Establishment, purposes, offices, and residence of

Commission.

3612. Supervisory Board.

(a) Composition of Board.

(b) Membership of Board; appointing authority;

compensation and travel expenses; compensation

for non-Government Board members.

(c) Meetings; quorum; proxies.

3612a. General powers of Commission.

(a) Corporate seal.

(b) Bylaws.

(c) Suits by and against Commission.

(d) Contracts, leases, agreements, or other

transactions.

(e) Obligations and expenditures.

(f) Priority in payment of debts out of bankrupt

estates.

(g) Appointment of notaries public.

(h) Limitations on authority.

3612b. Specific powers of Commission.

(a) Panama Canal management, operation, and

maintenance.

(b) Establishment, maintenance, and operation of

activities, facilities, and appurtenances.

(c) Use of United States mails.

(d) Necessary or appropriate actions.

(e) Commercial activities.

(f) Donations.

3613. Administrator.

(a) Appointment.

(b) Compensation.

(c) Authority for dual role.

(d) Waiver of ethics and reporting requirements.

3614. Deputy Administrator.

(a) Appointment and duties.

(b) Compensation.

3615. Consultative Committee.

(a) Designation and coordination.

(b) Functions.

3616. Joint Commission on the Environment.

(a) Establishment; composition.

(b) Appointment; compensation and travel expenses.

(c) Protection of pay, seniority, or other rights

or benefits of appointed or detailed Federal

employees.

(d) Compensation of necessary personnel.

(e) Rules of procedure; establishment; approval.

3617. Travel expenses.

3618. Defense of Panama Canal.

3619. Joint sea level canal study.

(a) Committee; appointment of representatives.

(b) Transmittal of study to President of Senate and

Speaker of House of Representatives.

(c) Congressional authorization respecting

construction of sea level canal.

3620. Authority of Ambassador; independence of Commission

regarding its Panama Canal responsibilities.

(a) Authority of Ambassador.

(b) Independence of Commission regarding its Panama

Canal responsibilities.

(c) Agreements for United States to provide

post-transfer administrative services for

certain employee benefits.

3621. Security legislation.

3622. Code of conduct for Commission personnel.

(a) Oath; compliance with laws of United States

regarding duties and responsibilities of

Federal employees.

(b) Adoption of code of conduct; time limit;

contents.

(c) Investigations by Commission respecting

violations; recommendations for suspension.

(d) Measures to insure compliance with code of

conduct.

(e) Waiver of post-employment restrictions.

(f) Consent for acceptance of employment by Panama

Canal Authority.

3623. Office of Ombudsman.

(a) Establishment; appointment of Ombudsman;

functions.

(b) Authority to make findings, render assistance,

and offer recommendations.

(c) Effect on procedures for grievances, appeals,

or administrative matters under this chapter,

in other provisions of law, or in Federal

regulations.

(d) Termination date.

PART 2 - EMPLOYEES

SUBPART I - PANAMA CANAL COMMISSION PERSONNEL

3641. Definitions.

3642. Appointment and compensation; duties.

(a) Officers and employees.

(b) Eligibility to serve as officer or employee of

Commission.

(c) Salary protection.

3643. Transfer of Federal employees.

(a) Authority to enter into agreements;

reemployment rights.

(b) "Agency" defined.

(c) Regulations.

3644. Compensation of individuals in uniformed services.

(a) Individual serving in a position in Commission.

(b) Individual appointed as Administrator, Deputy

Administrator, or Chief Engineer.

(c) Reimbursement to uniformed service.

3645. Deduction from basic pay of amounts due for supplies

or services.

3646, 3647. Repealed.

3648. Privileges and immunities of certain employees.

3649. Applicability of certain benefits.

3650. Air transportation.

SUBPART II - WAGE AND EMPLOYMENT PRACTICES

3651. Definitions.

3652. Panama Canal Employment System; merit and other

employment requirements.

(a) Establishment; merit and other employment

requirements.

(b) Applicability to any Executive agency and

Smithsonian Institution.

(c) Exclusion of employees or positions from

coverage.

3653. Employment standards.

3654, 3655. Repealed.

3656. Uniform application of standards and rates.

3657. Recruitment and retention remuneration.

(a) Repealed.

(b) Restriction.

(c) Recruitment and relocation bonuses.

(d) Retention bonuses.

(e) Limit on compensation.

3657a. Quarters allowances.

(a) "Position" and "employee" defined.

(b) Covered employees.

(c) Determination of amount.

(d) Inapplicability of election under section

3652(b) of this title.

3658. Benefits based on basic pay.

3659. Repealed.

3660. Review and adjustment of classifications, grades, and

pay level.

3661. Panama Canal Board of Appeals; duties.

3662. Appeals to Board; procedures.

(a) Persons entitled to appeal; form; time.

(b) Personal appearance.

(c) Consideration of evidence; decision.

(d) Finality of decision.

3663. Repealed.

3664. Applicability of title 5.

3665. Repealed.

SUBPART III - CONDITIONS OF EMPLOYMENT AND PLACEMENT

3671. Transferred or reemployed employees.

(a) Terms and conditions of employment.

(b) Break in service.

(c) Applicability of sections 903(c) and 904(a)(2)

of title 20; sabbaticals.

3672. Placement.

(a) Citizens separated from employment with Panama

Canal Company or Canal Zone Government.

(b) Citizens eliminated from employment with

Executive agency or Canal Zone Government as a

result of implementation of Panama Canal

Treaty of 1977.

(c) Establishment and administration of program by

Office of Personnel Management.

(d) Effective date.

3673. Transition separation incentive payments.

SUBPART IV - RETIREMENT

3681. Retirement under special treaty provisions.

(a) Purchase of retirement equity; individuals

entitled to participate.

(b) Limitation on amount paid to Social Security

System of Republic of Panama.

(c) Purchase of nontransferable deferred annuity;

employees entitled to participate.

3682. Administration of certain disability benefits.

(a) Continuation of cash relief payments to

employees under Act of July 8, 1937.

(b) Additional amounts for relief under subsection

(a).

(c) Increases in cash relief payments.

(d) Cash relief payments to widows.

(e) Applicability of subchapter III of chapter 83

of title 5.

3683. Repealed.

SUBPART V - APPLICATION TO RELATED PERSONNEL

3691. Individuals considered employees.

(a) Individuals considered employees for purposes

of certain sections.

(b) Individuals considered employees for certain

purposes.

SUBPART VI - LABOR-MANAGEMENT RELATIONS

3701. Labor-management relations.

(a) Applicability of chapter 71 of title 5.

(b) United States laws applicable.

(c) Resolution of collective bargaining impasses.

PART 3 - FUNDS AND ACCOUNTS

SUBPART I - FUNDS

3711. Repealed.

3712. Panama Canal Revolving Fund.

(a) Establishment.

(b) Tolls and other receipts into Panama Canal

Revolving Fund; restriction on use of funds.

(c) Authority of Commission to make deposits.

(d) Costs of implementation.

3712a. Authority to lease office space.

3713. Panama Canal emergency authority.

3714. Borrowing authority.

(a) Limitation on amount; issuance of notes and

other obligations.

(b) Restrictions on use.

(c) Effect on investment interest in Panama Canal.

(d) Report to Congress.

3714a. Dissolution of Commission.

(a) Study and report.

(b) Termination office.

(c) Panama Canal Commission Dissolution Fund.

3714b. Printing.

3715. Establishment of Compensation Fund.

3715a. Operation of Fund.

(a) Deposits to Fund.

(b) Calculation of amounts to be deposited.

(c) Investment of amounts in Fund.

3715b. Transfers from Fund for compensation benefits.

3715c. Final evaluation of Fund; deficiency or surplus in

Fund.

(a) Final evaluation of Fund.

(b) Deficiency or surplus in Fund.

(c) Continuity of Fund.

3715d. Continuation of benefits.

SUBPART II - ACCOUNTING POLICIES AND AUDITS

3721. Accounting policies.

(a) Establishment and maintenance of accounts;

specifications.

(b) Regulations establishing the basis of

accounting for assets.

3722. Repealed.

3723. Audits.

(a) Financial transactions of Commission; access to

books, accounts, etc.

(b) Omitted.

(c) Independent auditors.

(d) Examination and report on Commission's

financial forecast.

SUBPART III - INTERAGENCY ACCOUNTS

3731. Reimbursements.

(a) Reimbursement of the Employees' Compensation

Fund, Bureau of Employees' Compensation,

Department of Labor, and other Government

departments and agencies by Commission.

(b) Reimbursement of Commission by Department of

Defense.

(c) Designation of funds of Department of Defense

or any other department or agency of United

States to carry out purposes of this

subsection.

(d) Reimbursement to departments or agencies

furnishing services.

(e) Repealed.

(f) Reimbursement of United States by Republic of

Panama for salaries and other employment

costs.

(g) Operation of Canal Zone College.

(h) Prohibition of funds for uses other than

Commission activities.

SUBPART IV - POSTAL MATTERS

3741. Postal service.

(a) Possession or administration of funds by

Commission.

(b) Expiration of responsibility for unpaid

balances.

(c) Mail addressed to Canal Zone from or through

United States.

SUBPART V - ACCOUNTS WITH REPUBLIC OF PANAMA

3751. Payments to Republic of Panama.

(a) Payments required under Panama Canal Treaty;

annual audit.

(b) Excess operating revenues.

(c) Retroactive taxation.

(d) Accumulated unpaid balances.

(e) Toll rates; payment of costs of operation and

maintenance of canal with unexpended funds.

(f) Prohibitions.

(g) Exemption from automatic budget cuts.

3752. Transactions with Republic of Panama.

(a) Commission assistance on reimbursable basis.

(b) Commission assistance on nonreimbursable basis.

(c) Other department or agency assistance on

reimbursable basis.

3753. Disaster relief.

3754. Congressional restraints on property transfers and tax

expenditures; formal apprisal of Panama.

PART 4 - CLAIMS FOR INJURIES TO PERSONS OR PROPERTY

SUBPART I - GENERAL PROVISIONS

3761. Settlement of claims generally.

(a) Claims for injury to, or loss of, property or

personal injury or death arising from

operation of Panama Canal.

(b) Limitation on amount of claims.

(c) Source of award; release.

(d) Action for damages on claims cognizable under

this part; action against officers or

employees of United States for injuries

resulting from acts outside scope of their

employment.

(e) Applicability of provisions of section 1346 and

chapter 171 of title 28.

SUBPART II - VESSEL DAMAGE

3771. Injuries in locks of canal; adjustment and payment of

claims.

3772. Injuries outside locks.

3773. Measure of damages generally.

3774. Delays for which no responsibility is assumed.

3775. Settlement of claims.

3776. Actions on claims.

3777. Investigation of accident or injury giving rise to

claim.

3778. Board of local inspectors.

3779. Insurance.

PART 5 - PUBLIC PROPERTY

3781. Assets and liabilities of Panama Canal Company.

3782. Transfers and cross-servicing between agencies.

(a) Transfers of facilities, buildings, structures,

improvements, stocks and equipment located in

the Republic of Panama.

(b) Cross-servicing agreements.

(c) Transfer of records to Government of Republic

of Panama.

(d) Applicability to Smithsonian Institution.

3783. Disposition of property of United States.

3784. Transfer of property to Republic of Panama.

(a) Conveyance of Panama Railroad.

(b) Transfer of certain property pursuant to Panama

Canal Treaty of 1977; report to Congress.

(c) Restriction on transfer of Panama Canal and

certain other property.

PART 6 - TOLLS FOR USE OF PANAMA CANAL

3791. Prescription of measurement rules and rates of tolls.

3792. Bases of tolls.

(a) Tolls based on net vessel tons and on

displacement tonnage.

(b) Toll rates prescribed to cover all costs of

operation and maintenance of Panama Canal.

(c) Payment of tolls by vessels of United States.

(d) Levy of tolls.

3793. Interest on investments.

(a) Calculation of interest.

(b) Increases and decreases in investment of United

States.

(c) Value of property transferred to Commission.

(d) Payment and deposit of interest.

3794. Procedures.

(a) Publication of notice of proposed changes in

rules of measurement and rates of tolls in

Federal Register; participation by interested

parties; availability of analysis.

(b) Revision of proposed rules of measurement or

rates of tolls.

(c) Publication of notice of changes in rules of

measurement and rates of tolls in Federal

Register.

(d) Judicial review.

3795. Repealed.

PART 7 - GENERAL REGULATIONS

3801, 3802. Repealed.

PART 8 - SHIPPING AND NAVIGATION

SUBPART I - OPERATION OF CANAL

3811. Operating regulations.

SUBPART II - INSPECTION OF VESSELS

3821. Vessels subject to inspection.

3822. Foreign vessels.

3823. Regulations governing inspection.

SUBCHAPTER II - TREATY TRANSITION PERIOD

3831 to 3852. Repealed.

SUBCHAPTER III - GENERAL PROVISIONS

PART 1 - PROCUREMENT

3861. Procurement system.

(a) Panama Canal Acquisition Regulation.

(b) Supplement to Regulation.

(c) Waiver authority.

(d) Consultation with Administrator for Federal

Procurement Policy.

(e) Effective date.

3862. Panama Canal Board of Contract Appeals.

(a) Establishment.

(b) Exclusive jurisdiction to decide appeals.

(c) Exclusive jurisdiction to decide protests.

(d) Procedures.

(e) Commencement.

(f) Transition.

(g) Other functions.

PART 2 - ADMINISTRATION

3871. Annual report.

3872. Notification requirements.

3873. Exemption from Metric Conversion Act of 1975.

-End-

-CITE-

22 USC Sec. 3601 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

-HEAD-

Sec. 3601. Congressional statement of purpose

-STATUTE-

It is the purpose of this chapter 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.

-SOURCE-

(Pub. L. 96-70, Sec. 2, Sept. 27, 1979, 93 Stat. 455.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in text, 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 below and Tables.

-MISC1-

EFFECTIVE DATE

Section 3304 of Pub. L. 96-70 provided that: "Except as provided

in sections 1231 [enacting section 3671 of this title and amending

sections 5595, 5724a, and 8102 of Title 5, Government Organization

and Employees], 1232 [enacting section 3672 of this title and

provisions set out as a note under section 3672 of this title],

1241 [amending section 8336 of Title 5 and enacting provisions set

out as notes under section 8336 of Title 5], 1242 [amending section

8339 of Title 5 and enacting provisions set out as notes under

section 8339 of Title 5], 1261 [enacting section 3691 of this title

and provisions set out as a note under section 3691 of this title],

1605 [enacting section 3795 of this title and provisions set out as

a note under section 3795 of this title], 2203 [enacting section

3843 of this title and provisions set out as a note under section

3843 of this title], 2402 [enacting section 3852 of this title and

provisions set out as a note under section 3852 of this title],

3101 [enacting section 3861 of this title], and 3201 [amending

sections 1101 and 1182 of Title 8, Aliens and Nationality, and

enacting provisions set out as notes under sections 1101 and 1182

of Title 8] of this Act, the preceding provisions of this Act [see

Short Title note below] shall take effect on the date on which the

Panama Canal Treaty of 1977 enters into force [Oct. 1, 1979]."

SHORT TITLE OF 1999 AMENDMENT

Pub. L. 106-65, div. C, title XXXV, Sec. 3501, Oct. 5, 1999, 113

Stat. 974, provided that: "This title [amending section 3714a of

this title and enacting provisions set out as a note under section

3714a of this title] may be cited as the 'Panama Canal Commission

Authorization Act for Fiscal Year 2000'."

SHORT TITLE OF 1997 AMENDMENT

Pub. L. 105-85, div. C, title XXXV, Sec. 3511(a), Nov. 18, 1997,

111 Stat. 2062, provided that: "This subtitle [subtitle B (Secs.

3511-3550) of title XXXV of div. C of Pub. L. 105-85, enacting

sections 3673, 3861, and 3862 of this title, amending sections

3602, 3612a, 3612b, 3613, 3620, 3622, 3642, 3650, 3652, 3656, 3657,

3658, 3661, 3662, 3664, 3671, 3681, 3701, 3712, 3714b, 3715c, 3731,

3751, 3752, 3771, 3772, 3776, and 3792 of this title and sections

5315, 5724, and 5724a of Title 5, Government Organization and

Employees, repealing sections 3655, 3659, and 3665 of this title,

and enacting provisions set out as notes under section 3650 of this

title and section 5724 of Title 5] may be cited as the 'Panama

Canal Transition Facilitation Act of 1997'."

SHORT TITLE OF 1996 AMENDMENTS

Pub. L. 104-201, div. C, title XXXV, Sec. 3521(a), Sept. 23,

1996, 110 Stat. 2860, provided that: "This subtitle [subtitle B

(Secs. 3521-3549) of title XXXV of div. C of Pub. L. 104-201,

enacting sections 3714b and 3873 of this title, amending sections

3602, 3613, 3614, 3623, 3642, 3649 to 3653, 3657, 3658, 3663, 3664,

3671, 3682, 3712, 3713, 3721, 3723, 3731, 3741, 3751, 3777, and

3811 of this title and sections 3401, 5102, 5342, 5343, 5348, 5373,

5537, 5541, 5924, 6322, and 7901 of Title 5, Government

Organization and Employees, repealing sections 3654, 3683, 3711,

3795, 3801, 3802, 3831, 3841 to 3844, 3851, 3852, and 3861 of this

title, enacting provisions set out as notes under sections 3613,

3614, and 3652 of this title, and repealing provisions set out as

notes under sections 3795 and 3843 of this title] may be cited as

the 'Panama Canal Act Amendments of 1996'."

Pub. L. 104-106, div. C, title XXXV, Sec. 3521, Feb. 10, 1996,

110 Stat. 638, provided that: "This subtitle [subtitle B (Secs.

3521-3530) of title XXXV of div. C of Pub. L. 104-106, enacting

sections 3612a and 3612b of this title and amending sections 3611,

3612, 3645, 3712, 3713, 3723, 3731, 3761, 3775, 3776, 3791, and

3794 of this title and section 9101 of Title 31, Money and Finance]

may be cited as the 'Panama Canal Amendments Act of 1995'."

SHORT TITLE OF 1988 AMENDMENT

Pub. L. 100-705, Sec. 1, Nov. 19, 1988, 102 Stat. 4685, provided

that: "This Act [enacting sections 3715 to 3715d of this title,

amending sections 3612, 3712, and 3731 of this title, and enacting

provisions set out as a note under section 3612 of this title] may

be cited as the 'Panama Canal Commission Compensation Fund Act of

1988'."

SHORT TITLE OF 1987 AMENDMENT

Pub. L. 100-203, title V, Sec. 5421, Dec. 22, 1987, 101 Stat.

1330-271, provided that: "This part [part 2 of subtitle E (Secs.

5421-5429) of title V of Pub. L. 100-203, enacting section 3714 of

this title, amending sections 3683, 3711, 3712, 3713, 3751, 3753,

3754, 3792, and 3793 of this title and section 8348 of Title 5,

Government Organization and Employees, and enacting provisions set

out as a note under section 3683 of this title] may be referred to

as the 'Panama Canal Revolving Fund Act'."

SHORT TITLE OF 1985 AMENDMENT

Pub. L. 99-209, Sec. 1, Dec. 23, 1985, 99 Stat. 1716, provided

that: "This Act [enacting section 3779 of this title, amending

sections 3771, 3772, and 3774 to 3776 of this title, and enacting

provisions set out as a note under section 3771 of this title] may

be cited as the 'Panama Canal Amendments Act of 1985'."

SHORT TITLE

Section 1 of Pub. L. 96-70 provided that: "This Act [enacting

this chapter, amending section 2778 of this title, sections 305,

5102, 5316, 5342, 5343, 5348, 5373, 5504, 5533, 5541, 5583, 5595,

5724a, 6301, 6322, 6323, 8102, 8146, 8335, 8336, 8339, 8348, 8701,

and 8901 of Title 5, Government Organization and Employees,

sections 1101 and 1182 of Title 8, Aliens and Nationality, section

213 of Title 29, Labor, sections 403, 3401, and 3682 of Title 39,

Postal Service, and sections 191, 195, and 196 of Title 50, War and

National Defense, repealing section 3402 of Title 39 and section

191b of Title 50, and enacting provisions set out as notes under

sections 3601, 3602, 3672, 3691, 3795, 3843, and 3852 of this

title, sections 8336 and 8339 of Title 5, and sections 1101 and

1182 of Title 8] may be cited as the 'Panama Canal Act of 1979'."

-EXEC-

EX. ORD. NO. 12173. CONTINUING APPLICABILITY OF PANAMA CANAL

REGULATIONS

Ex. Ord. No. 12173, Nov. 29, 1979, 44 F.R. 69271, as amended by

Ex. Ord. No. 12203, Mar. 26, 1980, 45 F.R. 20451, provided:

By the authority vested in me as President of the United States

of America by Section 301 of Title 3 of the United States Code, by

the Panama Canal Code (76A Stat. 1), as amended, and by Public Law

96-70 (93 Stat. 452) [see Short Title note above], and in

accordance with the rights granted to the United States of America

by the Panama Canal Treaty of 1977 "to manage, operate, and

maintain the Panama Canal, its complementary works, installations

and equipment and to provide for the orderly transit of vessels

through the Panama Canal," it is hereby ordered as follows:

1-101. All regulations that were adopted by the President or his

delegates pursuant to former Title 2 of the Canal Zone Code (76A

Stat. 6-50), repealed by Section 303(a)(1) [probably should be

3303(a)(1)] of Public Law 96-70, or actions taken pursuant thereto,

that were in effect on September 30, 1979, and that address matters

which the President is authorized to regulate pursuant to Public

Law 96-70 [see Short Title note above], shall remain in effect

unless or until amended, superseded, or otherwise terminated by the

President or the Panama Canal Commission. This extension shall not

apply to the extent that any such regulation or action is

inconsistent with the provisions of the Panama Canal Treaty of

1977, its implementing agreements, or Public Law 96-70.

1-102. The Secretary of Defense shall exercise the powers and

carry out the responsibilities vested in the President of the

United States by the Panama Canal Code (76A Stat. 1), as amended,

and Public Law 96-70 (93 Stat. 452), except for those powers and

responsibilities vested in the President by Sections 1102(b), 1103,

1104, 1105(a), 1106(b), 1108, 1109(a), 1112(d), 1243(a)(1),

1321(c), 1344(b), 1504(b), 1601(a), 2206(b) and 3301 of Public Law

96-70 [sections 3612(b), 3613, 3614, 3615(a), 3616(b), 3618,

3619(a), 3622(d), 3681(a)(1), 3731(c), 3754(b), 3784(b), 3791(a),

[former] 3844(b) and 3871 of this title]. This delegation shall be

effective until May 15, 1980.

Jimmy Carter.

EX. ORD. NO. 12215. DELEGATION OF PANAMA CANAL FUNCTIONS

Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, as amended by

Ex. Ord. No. 12652, Sept. 19, 1988, 53 F.R. 36775, provided:

By the authority vested in me as President of the United States

of America by the Panama Canal Code (76A Stat. 1), as amended, by

the Panama Canal Act of 1979 (93 Stat. 452; 22 U.S.C. 3601 et

seq.), and by Section 301 of Title 3 of the United States Code, it

is hereby ordered as follows:

-MISC2-

1-1. THE SECRETARY OF DEFENSE

1-101. The Secretary of Defense shall develop for the President's

consideration an appropriate legislative proposal as required by

Section 3(d) of the Panama Canal Act of 1979 (93 Stat. 456; 22

U.S.C. 3602(d)). The Secretary of Defense shall coordinate

development of this proposal with the Secretary of State and the

heads of other interested Executive agencies.

1-102. The function vested in the President by Section 1212(d)(1)

of the Panama Canal Act of 1979 (93 Stat. 464; 22 U.S.C.

3652(d)(1)) to exclude employees of, or positions within, the

Department of Defense from coverage under any provision of

subchapter II, Chapter 2 of Title I of the Panama Canal Act of 1979

[22 U.S.C. 3651 et seq.], is delegated to the Secretary of Defense.

1-103. The function vested in the President by Section 1281(b) of

Title 6 of the Panama Canal Code (76A Stat. 455; 6 P.C.C. 1281(b)),

as amended, with respect to areas and installations made available

to the United States pursuant to the Agreement in Implementation of

Article IV of the Panama Canal Treaty of 1977 is delegated to the

Secretary of Defense.

1-104. The function vested in the President by Section 1701 of

the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801), with

respect to regulations applicable within the areas and

installations made available to the United States pursuant to the

Agreement in Implementation of Article IV of the Panama Canal

Treaty of 1977, is delegated to the Secretary of Defense.

1-105. The functions vested in the President by Sections

1243(c)(1) and 2401 of the Panama Canal Act of 1979 (93 Stat. 474

and 495; 22 U.S.C. 3681(c)(1) and 3851) are delegated to the

Secretary of Defense.

1-106. The functions vested in the President by Section 1502(a)

of the Panama Canal Act of 1979 (93 Stat. 488; 22 U.S.C. 3782(a))

are delegated to the Secretary of Defense.

1-2. COORDINATION OF PAY AND EMPLOYMENT PRACTICES

1-201. In order to coordinate the policies and activities of

agencies under subchapter II of Chapter 2 of Title I of the Panama

Canal Act of 1979 (93 Stat. 463; 22 U.S.C. 3651 et seq.), each

agency shall periodically consult with the Secretary of Defense

with respect to the establishment of rates of pay, in order to

develop compatible or unified systems for basic pay. In addition,

each agency shall consult with the Secretary of Defense on such

other matters as the Secretary may deem appropriate in order to

develop compatible or unified employment practices.

1-202. The head of each agency shall, upon approval by the

Secretary of Defense, adopt a schedule of basic pay pursuant to

Section 1215 of the Panama Canal Act of 1979 (93 Stat. 465; 22

U.S.C. 3655) and adopt regulations governing other matters relating

to pay and employment practices.

1-203. The authority vested in the President by Section 1223(a)

of the Panama Canal Act of 1979 to coordinate the policies and

activities of agencies (93 Stat. 467; 22 U.S.C. 3663(a)) is

delegated to the Secretary of Defense. The Secretary shall exercise

such functions in a manner which is in accord with the provisions

of Sections 1-201 and 1-202 of this Order.

1-3. PANAMA CANAL COMMISSION

1-301. The functions vested in the President and delegated to the

Secretary of Defense in this Section 1-3 of this Order shall be

carried out by the Secretary of Defense, who shall, in carrying out

the said functions, provide, by redelegation or otherwise, for

their performance, in a manner consistent with paragraph 3 of

Article III of the Panama Canal Treaty of 1977, by the Panama Canal

Commission.

1-302. The authority of the President under Section 1104 of the

Panama Canal Act of 1979 (93 Stat. 457; 22 U.S.C. 3614) to fix the

compensation of and to define the authorities and duties of the

Deputy Administrator and the Chief Engineer is delegated to the

Secretary of Defense.

1-303. The functions vested in the President by Sections 1418,

1801, and 2206 of the Panama Canal Act of 1979 (93 Stat. 487, 492,

and 494; 22 U.S.C. 3778, 3811, and 3844) are delegated to the

Secretary of Defense.

1-304. The authority of the President under Section 1701 of the

Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801) with

respect to regulations applicable within the areas and

installations made available to the United States pursuant to the

Agreement in Implementation of Article III of the Panama Canal

Treaty of 1977 is delegated to the Secretary of Defense.

1-305. The function vested in the President by Section 1281(b) of

Title 6 of the Panama Canal Code (76A Stat. 455; 6 P.C.C. 1281(b)),

as amended, with respect to areas and installations in the Republic

of Panama made available to the United States pursuant to the

Agreement in Implementation of Article III of the Panama Canal

Treaty of 1977 is delegated to the Secretary of Defense.

1-306. The functions vested in the President by Sections 82 and

86 of Title 3 of the Panama Canal Code (76A Stat. 54 and 55; 3

P.C.C. 82 and 86), as amended, are delegated to the Secretary of

Defense.

[1-307. Rescinded by Ex. Ord. No. 12652, Sept. 19, 1988, 53 F.R.

36775, eff. Jan. 1, 1989.]

1-308. Except to the extent heretofore delegated, the functions

vested in the President pursuant to subchapter II of Chapter 2 of

Title I of the Panama Canal Act of 1979 (93 Stat. 463) [22 U.S.C.

3651 et seq.] are hereby delegated to the Secretary of Defense.

1-4. OTHER AGENCIES

1-401. The functions vested in the President by Sections 1111 and

3301 of the Panama Canal Act of 1979 (93 Stat. 459 and 497; 22

U.S.C. 3621 and 3871), are delegated to the Secretary of State. The

Secretary shall perform these functions in coordination with the

Secretary of Defense.

1-402. The functions vested in the President by Sections 1112(d),

1344(b), and 1504(b) of the Panama Canal Act of 1979 (93 Stat. 460,

484, and 488; 22 U.S.C. 3622(d), 3754(b), and 3784(b)) are

delegated to the Secretary of State.

1-403. The functions vested in the President by Section

1243(a)(1) of the Panama Canal Act of 1979 (93 Stat. 473; 22 U.S.C.

3681(a)(1)) are delegated to the Director of the Office of

Personnel Management.

1-404. Paragraphs (22) and (23) of Section 1 of Executive Order

No. 11609, as amended [set out as a note under section 301 of Title

3, The President], and Executive Order No. 11713 are revoked.

Jimmy Carter.

-End-

-CITE-

22 USC Sec. 3602 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

-HEAD-

Sec. 3602. Definitions

-STATUTE-

(a) References to Panama Canal Treaty of 1977 and related

agreements

For purposes of this chapter -

(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) Definitions

Subject to the provisions of subsection (c) of this section, for

purposes of applying laws of the United States and regulations

issued pursuant to such laws with respect to transactions,

occurrences, or status on or after October 1, 1979 -

(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; and

(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.

(c) Applicability of subsection (b)

Any reference set forth in subsection (b) of this section shall

apply except as otherwise provided in this chapter or unless (1)

such reference is inconsistent with the provisions of this chapter,

(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 October

1, 1979.

(d) Definitions relating to Canal transition

For purposes of this chapter:

(1) The term "Canal Transfer Date" means December 31, 1999,

such date being the date specified in the Panama Canal Treaty of

1977 for the transfer of the Panama Canal from the United States

of America to the Republic of Panama.

(2) The term "Panama Canal Authority" means the entity created

by the Republic of Panama to succeed the Panama Canal Commission

as of the Canal Transfer Date.

-SOURCE-

(Pub. L. 96-70, Sec. 3, Sept. 27, 1979, 93 Stat. 455; Pub. L.

104-201, div. C, title XXXV, Secs. 3522, 3548(c)(1), Sept. 23,

1996, 110 Stat. 2860, 2869; Pub. L. 105-85, div. C, title XXXV,

Secs. 3512, 3550(d)(1), (2)(A), Nov. 18, 1997, 111 Stat. 2063,

2074.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a), (c), and (d), 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.

-MISC1-

REFERENCES TO CANAL ZONE CODE DEEMED REFERENCES TO PANAMA CANAL

CODE

Section 3303(b) of Pub. L. 96-70 provided that: "Those provisions

of the Canal Zone Code not repealed by this Act are redesignated as

the 'Panama Canal Code'. Any reference to the Canal Zone Code in

those laws and regulations referred to in section 3(b) of this Act

[subsec. (b) of this section] shall, subject to the provisions of

such section, be deemed to refer to the [former] Panama Canal

Code."

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-85, Sec. 3550(d)(2)(A),

substituted "October 1, 1979" for "the effective date of this Act".

Pub. L. 105-85, Sec. 3550(d)(1), substituted "laws of the United

States and regulations issued pursuant to such laws" for "the Canal

Zone Code or other laws of the United States and regulations issued

pursuant to such Code or other laws" in introductory provisions.

Subsec. (c). Pub. L. 105-85, Sec. 3550(d)(2)(A), substituted

"October 1, 1979" for "the effective date of this Act".

Subsec. (d). Pub. L. 105-85, Sec. 3512, added subsec. (d).

1996 - Pub. L. 104-201, Sec. 3548(c)(1), struck out "and

recommendation for legislation" after "Definitions" in section

catchline.

Subsec. (b)(4) to (7). Pub. L. 104-201, Sec. 3522(1), inserted

"and" at end of par. (4), substituted a period for semicolon at end

of par. (5), and struck out pars. (6) and (7) which read as

follows:

"(6) in chapter 57 of title 5 of the Canal Zone Code, '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."

Subsec. (d). Pub. L. 104-201, Sec. 3522(2), struck out subsec.

(d) which read as follows: "The President shall, within two years

after October 1, 1979, 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."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 sections 5595, 5721, 8102;

title 8 section 1101.

-End-

-CITE-

22 USC SUBCHAPTER I - ADMINISTRATION AND REGULATIONS 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

-HEAD-

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

-End-

-CITE-

22 USC Part 1 - Panama Canal Commission 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

PART 1 - PANAMA CANAL COMMISSION

-End-

-CITE-

22 USC Sec. 3611 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3611. Establishment, purposes, offices, and residence of

Commission

-STATUTE-

(a) For the purposes of managing, operating, and maintaining the

Panama Canal and its complementary works, installations and

equipment, and of conducting operations incident thereto, in

accordance with the Panama Canal Treaty of 1977 and related

agreements, the Panama Canal Commission (hereinafter in this

chapter referred to as the "Commission") is established as a wholly

owned government corporation (as that term is used in chapter 91 of

title 31) within the executive branch of the Government of the

United States. The authority of the President with respect to the

Commission shall be exercised through the Secretary of Defense.

(b) The principal office of the Commission shall be located in

the Republic of Panama in one of the areas made available for use

of the United States under the Panama Canal Treaty of 1977 and

related agreements, but the Commission may establish branch offices

in such other places as it considers necessary or appropriate for

the conduct of its business. Within the meaning of the laws of the

United States relating to venue in civil actions, the Commission is

an inhabitant and resident of the District of Columbia and the

eastern judicial district of Louisiana.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1101, Sept. 27, 1979, 93 Stat. 456;

Pub. L. 104-106, div. C, title XXXV, Sec. 3522(a), Feb. 10, 1996,

110 Stat. 638.)

-REFTEXT-

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.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 amended section generally. Prior to

amendment, section read as follows: "There is established in the

executive branch of the United States Government an agency to be

known as the Panama Canal Commission (hereinafter in this chapter

referred to as the 'Commission'). The Commission shall, under the

general supervision of the Board established by section 3612 of

this title, be responsible for the maintenance and operation of the

Panama Canal and the facilities and appurtenances related thereto.

The authority of the President with respect to the Commission shall

be exercised through the Secretary of Defense."

RECOMMENDATIONS BY PRESIDENT ON CHANGES TO PANAMA CANAL COMMISSION

STRUCTURE

Pub. L. 102-484, div. C, title XXXV, Sec. 3522, Oct. 23, 1992,

106 Stat. 2657, provided that:

"(a) Report. - The President shall conduct a study and, if

warranted, develop a plan setting forth recommendations for such

changes, if any, to the Panama Canal Commission for the operation

of the Panama Canal during the period before the termination of the

Panama Canal Treaty of 1977 as the President determines would

facilitate and encourage the operation of the canal through an

autonomous entity under the Government of Panama after the transfer

of the canal on December 31, 1999, pursuant to the Panama Canal

Treaty of 1977 and related agreements. The President shall submit

the study and, if warranted, plan to Congress, together with a

legislative proposal containing any changes to existing law

required to implement the plan, not later than one year after the

date of the enactment of this Act [Oct. 23, 1992].

"(b) Preparation of Plan. - Recommendations to the President for

purposes of the study and plan required by subsection (a) shall be

prepared with the participation of a representative of each of the

following:

"(1) The Secretary of State.

"(2) The Secretary of Defense.

"(3) The Secretary of the Treasury.

"(4) The Secretary of Commerce.

"(5) The Secretary of Transportation.

"(6) The Panama Canal Commission.

"(c) Plan To Be Consistent With Panama Canal Treaty. - The study

and, if warranted, plan submitted by the President pursuant to

subsection (a) shall be consistent with the Panama Canal Treaty of

1977 and related agreements."

REPORT BY COMPTROLLER GENERAL ON CHANGES TO PANAMA CANAL COMMISSION

STRUCTURE

Pub. L. 102-484, div. C, title XXXV, Sec. 3523, Oct. 23, 1992,

106 Stat. 2658, provided that:

"(a) Report. - The Comptroller General shall submit to Congress a

report analyzing the effectiveness of the fiscal, operational, and

management structure of the Panama Canal Commission and setting

forth recommendations for such changes to that structure as the

Comptroller General determines would, if implemented, enable the

Commission to operate more efficiently and, thereby, serve as a

model for the Government of Panama for the operation of the Panama

Canal after the transfer of the Panama Canal on December 31, 1999,

pursuant to the Panama Canal Treaty of 1977 and related agreements.

The Comptroller General shall submit the report to Congress not

later than one year after the date of the enactment of this Act

[Oct. 23, 1992].

"(b) Preparation of Report. - In developing the report required

by subsection (a), the Comptroller General shall seek the views of

each of the following:

"(1) The Secretary of State.

"(2) The Secretary of Defense.

"(3) The Secretary of the Treasury.

"(4) The Secretary of Commerce.

"(5) The Secretary of Transportation.

"(6) The Panama Canal Commission.

"(c) Report To Be Consistent With Panama Canal Treaty. - The

recommendations in the report submitted by the Comptroller General

pursuant to subsection (a) shall be consistent with the Panama

Canal Treaty of 1977 and related agreements."

-End-

-CITE-

22 USC Sec. 3612 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3612. Supervisory Board

-STATUTE-

(a) Composition of Board

The Commission shall be supervised by a Board composed of nine

members, one of whom shall be an officer of the Department of

Defense. The officer of the Department of Defense who shall serve

on the Board shall be designated by the Secretary of Defense and

may continue to serve on the Board only while continuing to serve

as an officer of the Department of Defense. Not less than five

members of the Board shall be nationals of the United States and

the remaining members of the Board shall be nationals of the

Republic of Panama. Three members of the Board who are nationals of

the United States shall hold no other office in, and shall not be

employed by, the Government of the United States, and shall be

chosen for the independent perspective they can bring to the

Commission's affairs. Members of the Board who are nationals of the

United States shall cast their votes as directed by the the (!1)

officer of the Department of Defense designated by the Secretary of

Defense to be a member of the Board.

(b) Membership of Board; appointing authority; compensation and

travel expenses; compensation for non-Government Board members

The President shall appoint the members of the Board. The members

of the Board who are United States nationals shall be appointed by

and with the advice and consent of the Senate. Each member of the

Board shall hold office at the pleasure of the President and,

before assuming the duties of such office, shall take an oath to

discharge faithfully the duties of his office. Members of the Board

shall serve without compensation but shall be allowed travel or

transportation expenses, including per diem in lieu of subsistence,

in accordance with section 3617 of this title, except that, in

addition to such travel or transportation expenses, members of the

Board who hold no other office with either the Government of the

United States or the Republic of Panama for which they receive pay

are authorized to be compensated at the daily equivalent of the

annual rate of basic pay in effect for level V of the Executive

Schedule under section 5316 of title 5, for each day during which

they are traveling to or from or attending meetings of the Board as

provided in subsection (c) of this section or, as authorized by the

Chairman of the Board, while on official Panama Canal Commission

business.

(c) Meetings; quorum; proxies

The Board shall hold meetings as provided in regulations adopted

by the Commission and approved by the Secretary of Defense. A

quorum for the transaction of business shall consist of a majority

of the Board members of which a majority of those present are

nationals of the United States. The Secretary of Defense, or the

officer of the Department of Defense designated by the Secretary

under subsection (a) of this section, may act by proxy for any

other member of the Board if that other member authorizes the proxy

in writing and signs the proxy. The proxy may be counted to

establish a quorum and may be used by the Secretary of Defense, or

the officer of the Department of Defense designated by the

Secretary under subsection (a) of this section, to cast the vote of

the absent Board member and to act for that member with all the

powers that member would possess if present.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1102, Sept. 27, 1979, 93 Stat. 456;

Pub. L. 98-217, Feb. 14, 1984, 98 Stat. 9; Pub. L. 99-223, Sec. 6,

Dec. 28, 1985, 99 Stat. 1740; Pub. L. 100-203, title V, Sec. 5416,

Dec. 22, 1987, 101 Stat. 1330-270; Pub. L. 100-705, Sec. 7, Nov.

19, 1988, 102 Stat. 4686; Pub. L. 101-510, div. C, title XXXV, Sec.

3504, Nov. 5, 1990, 104 Stat. 1846; Pub. L. 104-106, div. C, title

XXXV, Sec. 3523, Feb. 10, 1996, 110 Stat. 638; Pub. L. 105-261,

div. C, title XXXV, Sec. 3511(a), Oct. 17, 1998, 112 Stat. 2270.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-261 substituted "The Commission

shall be supervised by a Board composed of nine members, one of

whom shall be an officer of the Department of Defense. The officer

of the Department of Defense who shall serve on the Board shall be

designated by the Secretary of Defense and may continue to serve on

the Board only while continuing to serve as an officer of the

Department of Defense." for "The Commission shall be supervised by

a Board composed of nine members, one of whom shall be the

Secretary of Defense or an officer of the Department of Defense

designated by the Secretary." and "the officer of the Department of

Defense designated by the Secretary of Defense to be a member of

the Board" for "Secretary of Defense or a designee of the Secretary

of Defense".

1996 - Subsec. (a). Pub. L. 104-106 added subsec. (a) and struck

out former subsec. (a) which read as follows: "The Commission shall

be supervised by a Board composed of nine members, one of whom

shall be the Secretary of Defense or an officer of the Department

of Defense designated by the Secretary. Not less than five members

of the Board shall be nationals of the United States and the

remaining members shall be nationals of the Republic of Panama. At

least one of the members of the Board who are nationals of the

United States shall be experienced and knowledgeable in the

management or operation of an American-flag steamship line which

has or had ships regularly transiting the Panama Canal, at least

one other such member shall be experienced and knowledgeable in

United States port operations or in the business of exporting or

importing one of the regular commodities dependent on the Panama

Canal as a transportation route, and at least one other such member

shall be experienced and knowledgeable in labor matters in the

United States. Three members of the Board shall hold no other

office in or be employed by the Government of the United States.

Members of the Board who are nationals of the United States shall

cast their votes as directed by the Secretary of Defense or his

designee."

1990 - Subsec. (b). Pub. L. 101-510 substituted "level V of the

Executive Schedule under section 5316" for "grade GS-18 of the

General Schedule under section 5332".

1988 - Subsec. (c). Pub. L. 100-705 struck out after third

sentence "Only one proxy may be valid at any one time."

1987 - Subsec. (b). Pub. L. 100-203 inserted before period at end

"or, as authorized by the Chairman of the Board, while on official

Panama Canal Commission business".

1985 - Subsec. (b). Pub. L. 99-223 inserted provisions relating

to compensation of members of the Board who hold no other office

with either the Government of the United States or the Republic of

Panama for which they receive pay.

1984 - Subsec. (c). Pub. L. 98-217 inserted provisions under

which the Secretary of Defense or the officer of the Department of

Defense designated by the Secretary may act by proxy for other

members of the Board.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 10 of Pub. L. 100-705 provided that: "This Act [enacting

sections 3715 to 3715d of this title, amending this section and

sections 3712 and 3731 of this title, and enacting provisions set

out as a note under section 3601 of this title] takes effect on

October 1, 1988."

EFFECTIVE DATE OF 1985 AMENDMENT

Section 8 of Pub. L. 99-223 provided that: "Section 5 and section

6 of the Act [enacting section 3650 of this title and amending this

section and sections 3647 and 3731 of this title] shall be

effective as of October 1, 1985."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3714a, 3723 of this

title.

-FOOTNOTE-

(!1) So in original.

-End-

-CITE-

22 USC Sec. 3612a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3612a. General powers of Commission

-STATUTE-

(a) Corporate seal

The Commission may adopt, alter, and use a corporate seal, which

shall be judicially noticed.

(b) Bylaws

The Commission may by action of the Board of Directors adopt,

amend, and repeal bylaws governing the conduct of its general

business and the performance of the powers and duties granted to or

imposed upon it by law.

(c) Suits by and against Commission

The Commission may sue and be sued in its corporate name, except

that -

(1) the amenability of the Commission to suit is limited by

Article VIII of the Panama Canal Treaty of 1977, section 3761 of

this title, and otherwise by law;

(2) an attachment, garnishment, or similar 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 and

sections 659, 661, and 662 (!1) of title 42, or as otherwise

specifically authorized by the laws of the United States; and

(3) the Commission is exempt from the payment of interest on

claims and judgments.

(d) Contracts, leases, agreements, or other transactions

The Commission may enter into contracts, leases, agreements, or

other transactions.

(e) Obligations and expenditures

The Commission -

(1) may determine the character of, and necessity for, its

obligations and expenditures and the manner in which they shall

be incurred, allowed, and paid; and

(2) may incur, allow, and pay its obligations and expenditures,

subject to pertinent provisions of law generally applicable to

Government corporations.

(f) Priority in payment of debts out of bankrupt estates

The Commission shall have the priority of the Government of the

United States in the payment of debts out of bankrupt estates.

(g) Appointment of notaries public

(1) The Commission may appoint any United States citizen to have

the general powers of a notary public to perform, on behalf of

Commission employees and their dependents outside the United

States, any notarial act that a notary public is required or

authorized to perform within the United States. Unless an earlier

expiration is provided by the terms of the appointment, any such

appointment shall expire three months after the Canal Transfer

Date.

(2) Every notarial act performed by a person acting as a notary

under paragraph (1) shall be as valid, and of like force and effect

within the United States, as if executed by or before a duly

authorized and competent notary public in the United States.

(3) The signature of any person acting as a notary under

paragraph (1), when it appears with the title of that person's

office, is prima facie evidence that the signature is genuine, that

the person holds the designated title, and that the person is

authorized to perform a notarial act.

(h) Limitations on authority

The authority of the Commission under this section and section

3612b of this title is subject to the Panama Canal Treaty of 1977

and related agreements, and to chapter 91 of title 31.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1102a, as added Pub. L. 104-106, div.

C, title XXXV, Sec. 3524(a), Feb. 10, 1996, 110 Stat. 639; amended

Pub. L. 105-85, div. C, title XXXV, Secs. 3546, 3550(d)(3), Nov.

18, 1997, 111 Stat. 2073, 2074.)

-REFTEXT-

REFERENCES IN TEXT

Sections 661 and 662 of title 42, referred to in subsec. (c)(2),

were repealed by Pub. L. 104-193, title III, Sec. 362(b)(1), Aug.

22, 1994, 110 Stat. 2246.

-MISC1-

AMENDMENTS

1997 - Subsec. (g). Pub. L. 105-85, Sec. 3546(2), added subsec.

(g). Former subsec. (g) redesignated (h).

Subsec. (h). Pub. L. 105-85, Sec. 3550(d)(3), made technical

amendment to reference in original act which appears in text as

reference to section 3612b of this title.

Pub. L. 105-85, Sec. 3546(1), redesignated subsec. (g) as (h).

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 3612b 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3612b. Specific powers of Commission

-STATUTE-

(a) Panama Canal management, operation, and maintenance

The Commission may manage, operate, and maintain the Panama

Canal.

(b) Establishment, maintenance, and operation of activities,

facilities, and appurtenances

The Commission may construct or acquire, establish, maintain, and

operate such activities, facilities, and appurtenances as necessary

and appropriate for the accomplishment of the purposes of this

chapter, including the following:

(1) Docks, wharves, piers, and other shoreline facilities.

(2) Shops and yards.

(3) Marine railways, salvage and towing facilities,

fuel-handling facilities, and motor transportation facilities.

(4) Power systems, water systems, and a telephone system.

(5) Construction facilities.

(6) Living quarters and other buildings.

(7) Warehouses, storehouses, a printing plant, and

manufacturing, processing, or service facilities in connection

therewith.

(8) Recreational facilities.

(c) Use of United States mails

The Commission may use the United States mails in the same manner

and under the same conditions as the executive departments of the

Federal Government.

(d) Necessary or appropriate actions

The Commission may take such actions as are necessary or

appropriate to carry out the powers specifically conferred upon it.

(e) Commercial activities

The Commission may conduct and promote commercial activities

related to the management, operation, or maintenance of the Panama

Canal. Any such commercial activity shall be carried out consistent

with the Panama Canal Treaty of 1977 and related agreements.

(f) Donations

(1) The Commission may seek and accept donations of funds,

property, and services from individuals, foundations, corporations,

and other private and public entities for the purpose of carrying

out its promotional activities.

(2) The Commission shall establish written guidelines setting

forth the criteria to be used in determining whether the acceptance

of funds, property, or services authorized by paragraph (1) would

reflect unfavorably upon the ability of the Commission (or any

employee of the Commission) to carry out its responsibilities or

official duties in a fair and objective manner or would compromise

the integrity or the appearance of the integrity of its programs or

of any official in those programs.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1102b, as added Pub. L. 104-106, div.

C, title XXXV, Sec. 3524(a), Feb. 10, 1996, 110 Stat. 639; amended

Pub. L. 105-85, div. C, title XXXV, Sec. 3547, Nov. 18, 1997, 111

Stat. 2073; Pub. L. 105-261, div. C, title XXXV, Sec. 3505, Oct.

17, 1998, 112 Stat. 2268.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b), 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.

-MISC1-

AMENDMENTS

1998 - Subsec. (f). Pub. L. 105-261 added subsec. (f).

1997 - Subsec. (e). Pub. L. 105-85 added subsec. (e).

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3612a of this title.

-End-

-CITE-

22 USC Sec. 3613 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3613. Administrator

-STATUTE-

(a) Appointment

There shall be an Administrator of the Commission who shall be

appointed by the President, by and with the advice and consent of

the Senate, and shall hold office at the pleasure of the President.

(b) Compensation

The Administrator shall be paid compensation in an amount,

established by the Board, not to exceed level III of the Executive

Schedule.

(c) Authority for dual role

The Congress consents, for purposes of the 8th clause of article

I, section 9 of the Constitution of the United States, to the

acceptance by the individual serving as Administrator of the

Commission of appointment by the Republic of Panama to the position

of Administrator of the Panama Canal Authority. Such consent is

effective only if that individual, while serving in both such

positions, serves as Administrator of the Panama Canal Authority

without compensation, except for payments by the Republic of Panama

of travel and entertainment expenses, including per diem payments.

(d) Waiver of ethics and reporting requirements

If before the Canal Transfer Date the Republic of Panama appoints

as the Administrator of the Panama Canal Authority the individual

serving as the Administrator of the Commission and if that

individual accepts the appointment -

(1) during any period during which that individual serves as

both Administrator of the Commission and the Administrator of the

Panama Canal Authority -

(A) the Foreign Agents Registration Act of 1938, as amended

(22 U.S.C. 611 et seq.), shall not apply to that individual

with respect to service as the Administrator of the Panama

Canal Authority;

(B) that individual, with respect to participation in any

particular matter as the Administrator of the Panama Canal

Commission, is not subject to section 208(a) of title 18,

insofar as that section would otherwise apply to that matter

only because the matter will have a direct and predictable

effect on the financial interest of the Panama Canal Authority;

(C) that individual is not subject to sections 203 and 205 of

title 18, with respect to official acts performed as an agent

or attorney for or otherwise representing the Panama Canal

Authority; and

(D) that individual is not subject to sections 501(a) and

502(a)(4) of the Ethics in Government Act of 1978 (5 U.S.C.

App.), with respect to compensation received for, and service

in, the position of Administrator of the Panama Canal

Authority; and

(2) effective upon termination of the individual's appointment

as Administrator of the Panama Canal Commission at noon on the

Canal Transfer Date, that individual is not subject to section

207 of title 18, with respect to acts done in carrying out

official duties as Administrator of the Panama Canal Authority.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1103, Sept. 27, 1979, 93 Stat. 457;

Pub. L. 104-201, div. C, title XXXV, Sec. 3523(a), Sept. 23, 1996,

110 Stat. 2860; Pub. L. 105-85, div. C, title XXXV, Sec. 3521, Nov.

18, 1997, 111 Stat. 2063.)

-REFTEXT-

REFERENCES IN TEXT

Level III of the Executive Schedule, referred to in subsec. (b),

is set out in section 5314 of Title 5, Government Organization and

Employees.

The Foreign Agents Registration Act of 1938, referred to in

subsec. (d)(1)(A), is act June 8, 1938, ch. 327, 52 Stat. 631, as

amended, which is classified generally to subchapter II (Sec. 611

et seq.) of chapter 11 of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

611 of this title and Tables.

Sections 501(a) and 502(a)(4) of the Ethics in Government Act of

1978, referred to in subsec. (d)(1)(D), are sections 501(a) and

502(a)(4) of Pub. L. 95-521, which are set out in the Appendix to

Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1997 - Subsecs. (c), (d). Pub. L. 105-85 added subsecs. (c) and

(d).

1996 - Pub. L. 104-201 amended section generally. Prior to

amendment, section read as follows: "There shall be an

Administrator of the Commission, who shall be appointed by the

President, by and with the advice and consent of the Senate, and

shall hold office at the pleasure of the President."

SAVINGS PROVISION

Section 3523(b) of Pub. L. 104-201 provided that: "Nothing in

this section [amending this section] (or section 3549(3) [section

3549 of Pub. L. 104-201 did not contain a par. (3) and is not

classified to the Code]) shall be considered to affect -

"(1) the tenure of the individual serving as Administrator of

the Commission on the day before subsection (a) takes effect

[section 3523(a) of Pub. L. 104-201, effective Sept. 23, 1996];

or

"(2) until modified under section 1103(b) of the Panama Canal

Act of 1979 [subsec. (b) of this section], as amended by

subsection (a), the compensation of the individual so serving."

-End-

-CITE-

22 USC Sec. 3614 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3614. Deputy Administrator

-STATUTE-

(a) Appointment and duties

There shall be a Deputy Administrator of the Commission who shall

be appointed by the President. The Deputy Administrator shall

perform such duties as may be prescribed by the Board.

(b) Compensation

The Deputy Administrator shall be paid compensation at a rate of

pay, established by the Board, which does not exceed the rate of

basic pay in effect for level IV of the Executive Schedule, and, if

eligible, shall be paid the overseas recruitment and retention

differential provided for in section 3657 of this title.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1104, Sept. 27, 1979, 93 Stat. 457;

Pub. L. 101-510, div. C, title XXXV, Sec. 3505, Nov. 5, 1990, 104

Stat. 1846; Pub. L. 104-201, div. C, title XXXV, Sec. 3524(a),

Sept. 23, 1996, 110 Stat. 2860.)

-REFTEXT-

REFERENCES IN TEXT

Level IV of the Executive Schedule, referred to in subsec. (b),

is set out in section 5315 of Title 5, Government Organization and

Employees.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201 struck out "and Chief Engineer" after

"Deputy Administrator" in section catchline and amended text

generally. Prior to amendment, text read as follows:

"(a) There shall be a Deputy Administrator and a Chief Engineer

of the Commission, both of whom shall be appointed by the

President. The Deputy Administrator and the Chief Engineer shall

perform such duties as may be prescribed by the President.

"(b) The Deputy Administrator and the Chief Engineer shall each

be paid compensation at a rate of pay established by the President

which does not exceed the rate of basic pay in effect for grade

GS-18 of the General Schedule under section 5332 of title 5, and,

if eligible, shall each be paid the overseas recruitment or

retention differential provided for in section 3657 of this title."

1990 - Subsec. (b). Pub. L. 101-510 inserted before period at end

", and, if eligible, shall each be paid the overseas recruitment or

retention differential provided for in section 3657 of this title".

-TRANS-

DELEGATION OF FUNCTIONS

Authority of President under this section to fix the compensation

of and to define authorities and duties of Deputy Administrator

delegated to Secretary of Defense, see section 1-302 of Ex. Ord.

No. 12215, May 27, 1980, 45 F.R. 36044, set out as a note under

section 3601 of this title.

-MISC2-

SAVINGS PROVISION

Section 3524(b) of Pub. L. 104-201 provided that: "Nothing in

this section [amending this section] shall be considered to affect

-

"(1) the tenure of the individual serving as Deputy

Administrator of the Commission on the day before subsection (a)

takes effect [section 3524(a) of Pub. L. 104-201, effective Sept.

23, 1996]; or

"(2) until modified under section 1104(b) of the Panama Canal

Act of 1979 [subsec. (b) of this section], as amended by

subsection (a), the compensation of the individual so serving."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3642 of this title.

-End-

-CITE-

22 USC Sec. 3615 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3615. Consultative Committee

-STATUTE-

(a) Designation and coordination

The President shall designate, and the Secretary of State shall

coordinate the participation of, representatives of the United

States to the Consultative Committee to be established under

paragraph 7 of Article III of the Panama Canal Treaty of 1977.

(b) Functions

The Consultative Committee shall function as a diplomatic forum

for the exchange of views between the United States and the

Republic of Panama. The Committee shall advise the United States

Government and the Government of the Republic of Panama on matters

of policy affecting the operation of the Panama Canal. The

Committee shall have no authority to direct the Commission or any

other department or agency of the United States to initiate or

withhold action.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1105, Sept. 27, 1979, 93 Stat. 457.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3617 of this title.

-End-

-CITE-

22 USC Sec. 3616 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3616. Joint Commission on the Environment

-STATUTE-

(a) Establishment; composition

The United States and the Republic of Panama, in accordance with

the Panama Canal Treaty of 1977, shall establish a Joint Commission

on the Environment (hereinafter in this section referred to as the

"Joint Commission") to be composed of not more than three

representatives of the United States and three representatives of

the Republic of Panama, or such other equivalent numbers of

representatives as may be agreed upon by the Governments of the two

countries. The United States members of the Joint Commission shall

periodically review the implementation of the Panama Canal Treaty

of 1977 with respect to its impact on the environment and shall,

jointly with the representatives of the Government of Panama, make

recommendations to the United States Government and the Government

of the Republic of Panama with respect to ways to avoid or mitigate

adverse environmental impacts resulting from actions taken pursuant

to such Treaty.

(b) Appointment; compensation and travel expenses

Representatives of the United States on the Joint Commission

shall be appointed by the President and shall serve at the pleasure

of the President. Such representatives shall serve without

compensation but shall be allowed travel or transportation

expenses, including per diem in lieu of subsistence, in accordance

with section 3617 of this title.

(c) Protection of pay, seniority, or other rights or benefits of

appointed or detailed Federal employees

Any Federal employee subject to the civil service laws and

regulations who is detailed to serve with, or appointed by, the

United States representatives on the Joint Commission shall not

lose any pay, seniority, or other rights or benefits by reason of

such detail or appointment.

(d) Compensation of necessary personnel

The United States representatives on the Joint Commission may, to

such extent or in such amounts as are provided in advance in

appropriation Acts, appoint and fix the compensation of such

personnel as the representatives of the United States on the Joint

Commission may consider necessary for the participation of the

United States on the Joint Commission.

(e) Rules of procedure; establishment; approval

The United States representatives on the Joint Commission may, in

cooperation with the representatives of the Republic of Panama on

the Joint Commission, establish rules of procedure to be used by

the Joint Commission in conducting its affairs, subject to the

approval of such rules by the Governments of the United States and

the Republic of Panama.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1106, Sept. 27, 1979, 93 Stat. 457.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (c), are set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3617 of this title.

-End-

-CITE-

22 USC Sec. 3617 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3617. Travel expenses

-STATUTE-

While away from their homes, regular places of business, or

official stations in performance of services under this part,

members of the Board of the Commission and the representatives of

the United States on the Consultative Committee referred to in

section 3615 of this title and on the Joint Commission on the

Environment referred to in section 3616 of this title shall be

allowed travel or transportation expenses, including per diem in

lieu of subsistence, in the same manner as persons employed

intermittently in Government service are allowed expenses under

section 5703 of title 5.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1107, Sept. 27, 1979, 93 Stat. 458.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3612, 3616 of this title.

-End-

-CITE-

22 USC Sec. 3618 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3618. Defense of Panama Canal

-STATUTE-

In the event of an armed attack against the Panama Canal, or

when, in the opinion of the President, conditions exist which

threaten the security of the Canal, the Administrator of the

Commission shall, upon the order of the President, comply with such

directives as the United States military officer charged with the

protection and defense of the Panama Canal may consider necessary

in the exercise of his duties.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1108, Sept. 27, 1979, 93 Stat. 458.)

-End-

-CITE-

22 USC Sec. 3619 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3619. Joint sea level canal study

-STATUTE-

(a) Committee; appointment of representatives

The President shall appoint the representatives of the United

States to any joint committee or body with the Republic of Panama

to study the possibility of a sea level canal in the Republic of

Panama pursuant to Article XII of the Panama Canal Treaty of 1977.

(b) Transmittal of study to President of Senate and Speaker of

House of Representatives

Upon the completion of any joint study between the United States

and the Republic of Panama concerning the feasibility of a sea

level canal in the Republic of Panama pursuant to paragraph 1 of

Article XII of the Panama Canal Treaty of 1977, the text of the

study shall be transmitted by the President to the President of the

Senate and to the Speaker of the House of Representatives.

(c) Congressional authorization respecting construction of sea

level canal

No construction of a sea level canal by the United States in the

Republic of Panama shall be undertaken except with express

congressional authorization after submission of the study by the

President as provided in subsection (b) of this section.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1109, Sept. 27, 1979, 93 Stat. 459.)

-End-

-CITE-

22 USC Sec. 3620 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3620. Authority of Ambassador; independence of Commission

regarding its Panama Canal responsibilities

-STATUTE-

(a) Authority of Ambassador

The United States Ambassador to the Republic of Panama shall have

full responsibility for the coordination of the transfer to the

Republic of Panama of those functions that are to be assumed by the

Republic of Panama pursuant to the Panama Canal Treaty of 1977 and

related agreements.

(b) Independence of Commission regarding its Panama Canal

responsibilities

(1) The Commission shall not be subject to the direction or

supervision of the United States Chief of Mission in the Republic

of Panama with respect to the responsibilities of the Commission

for the operation, management, or maintenance of the Panama Canal,

as established in this chapter or any other Act or in the Panama

Canal Treaty of 1977 and related agreements, except that the

Commission shall keep the Ambassador fully and currently informed

with respect to all activities and operations of the Commission.

(2) Except as provided in paragraph (1) of this subsection,

section 3927 of this title shall apply with respect to the

activities of the Commission.

(c) Agreements for United States to provide post-transfer

administrative services for certain employee benefits

(1) The Secretary of State may enter into one or more agreements

to provide for the United States to furnish administrative services

relating to the benefits described in paragraph (2) after December

31, 1999, and to establish appropriate procedures for providing

advance funding for the services.

(2) The benefits referred to in paragraph (1) are the following:

(A) Pension, disability, and medical benefits provided by the

Panama Canal Commission pursuant to section 3682 of this title.

(B) Compensation for work injuries covered by chapter 81 of

title 5.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1110, Sept. 27, 1979, 93 Stat. 459;

Pub. L. 105-85, div. C, title XXXV, Sec. 3550(d)(4), Nov. 18, 1997,

111 Stat. 2074; Pub. L. 105-261, div. C, title XXXV, Sec. 3506,

Oct. 17, 1998, 112 Stat. 2269.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (b)(1), 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.

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-261 added subsec. (c).

1997 - Subsec. (b)(2). Pub. L. 105-85 substituted "section 3927"

for "section 2680a".

-End-

-CITE-

22 USC Sec. 3621 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3621. Security legislation

-STATUTE-

It is the sense of the Congress that the best interests of the

United States require that the President enter into negotiations

with the Republic of Panama for the purpose of arranging for the

stationing of United States military forces, after the termination

of the Panama Canal Treaty of 1977, in the area comprising the

Canal Zone before October 1, 1979, and for the maintenance of

installations and facilities, after the termination of such Treaty,

for the use of United States military forces stationed in such

area. The President shall report to the Congress in a timely manner

the status of negotiations conducted pursuant to this section.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1111, Sept. 27, 1979, 93 Stat. 459.)

-TRANS-

DELEGATION OF FUNCTIONS

Functions vested in President by this section delegated to

Secretary of State who shall perform such functions in coordination

with Secretary of Defense, see section 1-401 of Ex. Ord. No. 12215,

May 27, 1980, 45 F.R. 36044, set out as a note under section 3601

of this title.

-End-

-CITE-

22 USC Sec. 3622 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3622. Code of conduct for Commission personnel

-STATUTE-

(a) Oath; compliance with laws of United States regarding duties

and responsibilities of Federal employees

Before assuming the duties of his office or employment, each

member of the Board of the Commission and each officer and employee

of the Commission shall take an oath to discharge faithfully the

duties of his office or employment. All employees of the Commission

shall be subject to the laws of the United States regarding duties

and responsibilities of Federal employees.

(b) Adoption of code of conduct; time limit; contents

Not later than 60 days after all the members of the Board of the

Commission have been appointed, the Board shall adopt a code of

conduct applicable to the persons referred to in subsection (a) of

this section. The code of conduct shall contain provisions

substantially equivalent to those contained in part 735 of title 5

of the Code of Federal Regulations on October 1, 1979. The code of

conduct shall, at a minimum, contain provisions substantially

equivalent to the following provisions of law:

(1) the provisions of chapter 11 of title 18, relating to

bribery, graft, or conflicts of interest, as appropriate to the

employees concerned;

(2) section 7352 of title 5;

(3) sections 207, 208, 285, 508, 641, 645, 1001, 1917, and 2071

of title 18;

(4) section 1343, 1344, and 1349(b) of title 31;

(5) the Ethics in Government Act of 1978 (92 Stat. 1824), as

amended; and

(6) those provisions of the laws and regulations of the

Republic of Panama which are substantially equivalent to those of

the United States set forth in this subsection.

(c) Investigations by Commission respecting violations;

recommendations for suspension

The Commission shall investigate any allegations regarding the

violation of the code of conduct adopted pursuant to subsection (b)

of this section. The Commission may recommend that the President

suspend from the performance of his duties any member of the Board

of the Commission or any officer or employee of the Commission,

pending judicial proceedings by appropriate authorities concerning

such allegations.

(d) Measures to insure compliance with code of conduct

The President shall negotiate suitable arrangements with the

Republic of Panama whereby each nation shall agree to take all

measures within its legal authority to assure that members of the

Board of the Commission comply with the code of conduct established

pursuant to subsection (b) of this section. Without prejudice to

such jurisdiction as the United States may have with respect to

members of the Board, the provisions of law enumerated in

subsection (b) of this section shall be enforced with respect to

members of the Board only in accordance with such arrangements.

(e) Waiver of post-employment restrictions

(1) Section 207 of title 18 does not apply to a covered

individual with respect to acts done in carrying out official

duties as an officer or employee of the Panama Canal Authority.

(2) For purposes of paragraph (1), a covered individual is an

officer or employee of the Panama Canal Authority who was an

officer or employee of the Commission (other than the

Administrator) and whose employment with the Commission terminated

at noon on the Canal Transfer Date.

(3) This subsection is effective as of the Canal Transfer Date.

(f) Consent for acceptance of employment by Panama Canal Authority

(1) The Congress consents to the following persons accepting

civil employment (and compensation for that employment) with the

Panama Canal Authority for which the consent of the Congress is

required by the last paragraph of section 9 of article I of the

Constitution of the United States, relating to acceptance of

emoluments, offices, or titles from a foreign government:

(A) Retired members of the uniformed services.

(B) Members of a reserve component of the armed forces.

(C) Members of the Commissioned Reserve Corps of the Public

Health Service.

(2) The consent of the Congress under paragraph (1) is effective

without regard to subsection (b) of section 908 of title 37

(relating to approval required for employment of Reserve and

retired members by foreign governments).

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1112, Sept. 27, 1979, 93 Stat. 459;

Pub. L. 105-85, div. C, title XXXV, Secs. 3522, 3550(d)(2)(A), Nov.

18, 1997, 111 Stat. 2064, 2074.)

-REFTEXT-

REFERENCES IN TEXT

The Ethics in Government Act of 1978 (92 Stat. 1824), as amended,

referred to in subsec. (b)(5), is Pub. L. 95-521, Oct. 26, 1978, 92

Stat. 1824, as amended. For complete classification of this Act to

the Code, see Short Title note set out under section 101 of Pub. L.

95-521 in the Appendix to Title 5, Government Organization and

Employees, and Tables.

-COD-

CODIFICATION

In subsec. (b)(4), "sections 1343, 1344, and 1349(b) of title 31"

substituted for "section 5 of the Act of July 16, 1914 (31 U.S.C.

638a), as amended" on authority of Pub. L. 97-258, Sec. 4(b), Sept.

13, 1982, 96 Stat. 1067, the first section of which enacted Title

31, Money and Finance.

-MISC1-

AMENDMENTS

1997 - Subsec. (b). Pub. L. 105-85, Sec. 3550(d)(2)(A),

substituted "October 1, 1979" for "the effective date of this Act".

Subsecs. (e), (f). Pub. L. 105-85, Sec. 3522, added subsecs. (e)

and (f).

-TRANS-

DELEGATION OF FUNCTIONS

Functions vested in President by subsec. (d) of this section

delegated to Secretary of State, see section 1-402 of Ex. Ord. No.

12215, May 27, 1980, 45 F.R. 36044, set out as a note under section

3601 of this title.

-End-

-CITE-

22 USC Sec. 3623 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 1 - Panama Canal Commission

-HEAD-

Sec. 3623. Office of Ombudsman

-STATUTE-

(a) Establishment; appointment of Ombudsman; functions

There is established within the Commission an Office of

Ombudsman, to be directed by an Ombudsman, who shall be appointed

by the Commission. It shall be the function of the Office of

Ombudsman to receive individual complaints, grievances, requests,

and suggestions of employees (and their dependents) of the

Commission and other departments and agencies of the United States,

including the Smithsonian Institution, conducting operations before

October 1, 1979, in the area then comprising the Canal Zone

concerning administrative problems, inefficiencies, and conflicts

caused within departments and agencies of the United States,

including the Smithsonian Institution, as a result of the

implementation of the Panama Canal Treaty of 1977 and related

agreements.

(b) Authority to make findings, render assistance, and offer

recommendations

The Ombudsman shall make findings and render assistance with

respect to the complaints, grievances, requests, and suggestions

submitted to the Office of Ombudsman, and shall make appropriate

recommendations to the Commission or any other department or agency

of the United States, including the Smithsonian Institution.

(c) Effect on procedures for grievances, appeals, or administrative

matters under this chapter, in other provisions of law, or in

Federal regulations

The establishment of the Office of Ombudsman shall not affect any

procedures for grievances, appeals, or administrative matters in

any other provision of this chapter, any other provision of law, or

any Federal regulation.

(d) Termination date

The Office of Ombudsman shall terminate upon the termination of

the Panama Canal Treaty of 1977.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1113, Sept. 27, 1979, 93 Stat. 460;

Pub. L. 104-201, div. C, title XXXV, Sec. 3525, Sept. 23, 1996, 110

Stat. 2861.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (c), 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.

-MISC1-

AMENDMENTS

1996 - Subsecs. (d), (e). Pub. L. 104-201 redesignated subsec.

(e) as (d) and struck out former subsec. (d) which read as follows:

"The Ombudsman shall be a citizen of the United States."

-End-

-CITE-

22 USC Part 2 - Employees 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

-HEAD-

PART 2 - EMPLOYEES

-End-

-CITE-

22 USC subpart i - panama canal commission personnel 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

SUBPART I - PANAMA CANAL COMMISSION PERSONNEL

-End-

-CITE-

22 USC Sec. 3641 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Sec. 3641. Definitions

-STATUTE-

As used in this part -

(1) "Executive agency" has the meaning given that term in

section 105 of title 5;

(2) "uniformed services" has the meaning given that term in

section 2101(3) of title 5;

(3) "competitive service" has the meaning given that term in

section 2102 of title 5; and

(4) "United States", when used in a geographic sense, means

each of the several States and the District of Columbia.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1201, Sept. 27, 1979, 93 Stat. 461.)

-MISC1-

EMPLOYMENT OF COMMISSION EMPLOYEES BY GOVERNMENT OF PANAMA

Pub. L. 103-160, div. C, title XXXV, Sec. 3504, Nov. 30, 1993,

107 Stat. 1965, provided that:

"(a) Consent of Congress. - Subject to subsection (b), the

Congress consents to employees of the Panama Canal Commission who

are not citizens of the United States accepting civil employment

with agencies and organizations affiliated with the Government of

Panama (and compensation for that employment) for which the consent

of Congress is required by the 8th clause of section 9 of article I

of the Constitution of the United States, relating to acceptance of

emolument, office, or title from a foreign State.

"(b) Condition. - Employees described in subsection (a) may

accept employment described in such subsection (and compensation

for that employment) only if the employment is approved by the

designated agency ethics official of the Panama Canal Commission

designated pursuant to the Ethics in Government Act of 1978 (5

U.S.C. App.), and by the Administrator of the Panama Canal

Commission."

-End-

-CITE-

22 USC Sec. 3642 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Sec. 3642. Appointment and compensation; duties

-STATUTE-

(a) Officers and employees

In accordance with this part, the Commission may appoint, fix the

compensation of, and define the authority and duties of officers

and employees (other than the Administrator and Deputy

Administrator) necessary for the management, operation, and

maintenance of the Panama Canal and its complementary works,

installations, and equipment.

(b) Eligibility to serve as officer or employee of Commission

Individuals serving in any Executive agency (other than the

Commission) or the Smithsonian Institution, including individuals

in the uniformed services, may, if appointed under this section or

section 3614 of this title, serve as officers or employees of the

Commission.

(c) Salary protection

In the case of an individual who is an officer or employee of the

Commission on November 17, 1997, and who has not had a break in

service with the Commission since that date, the rate of basic pay

for that officer or employee may not be less than the rate in

effect for that officer or employee on that date except -

(1) as provided in a collective bargaining agreement;

(2) as a result of an adverse action against the officer or

employee; or

(3) pursuant to a voluntary demotion.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1202, Sept. 27, 1979, 93 Stat. 461;

Pub. L. 104-201, div. C, title XXXV, Sec. 3526, Sept. 23, 1996, 110

Stat. 2861; Pub. L. 105-85, div. C, title XXXV, Sec. 3523(b), Nov.

18, 1997, 111 Stat. 2065; Pub. L. 105-261, div. C, title XXXV, Sec.

3512(a)(1), Oct. 17, 1998, 112 Stat. 2271.)

-MISC1-

AMENDMENTS

1998 - Subsec. (c). Pub. L. 105-261, Sec. 3512(a)(1)(C), which

directed substitution of "that date" for "the day before the date

of enactment", was executed by making the substitution for "the day

before that date of enactment" before "except" in introductory

provisions to reflect the probable intent of Congress.

Pub. L. 105-261, Sec. 3512(a)(1)(A), (B), in introductory

provisions, substituted "November 17, 1997," for "the day before

the date of the enactment of the Panama Canal Transition

Facilitation Act of 1997" and struck out "on or after that date"

after "pay for that officer or employee".

1997 - Subsec. (c). Pub. L. 105-85 added subsec. (c).

1996 - Pub. L. 104-201 amended text generally. Prior to

amendment, text read as follows:

"(a) In accordance with this part, the Panama Canal Commission

may appoint without regard to the provisions of title 5, relating

to appointments in the competitive service, fix the compensation

of, and define the authority and duties of, officers, agents,

attorneys, and employees (other than the Administrator, Deputy

Administrator, and Chief Engineer) necessary for the management,

operation, and maintenance of the Panama Canal and its

complementary works, installations, and equipment.

"(b) Individuals serving in any Executive agency (other than the

Commission) or the Smithsonian Institution, including individuals

serving in the uniformed services, may, if appointed under this

section or section 3613 or 3614 of this title, serve as officers or

employees of the Commission."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3656, 3658 of this title;

title 5 section 5948.

-End-

-CITE-

22 USC Sec. 3643 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Sec. 3643. Transfer of Federal employees

-STATUTE-

(a) Authority to enter into agreements; reemployment rights

The head of any agency may enter into agreements for the transfer

or detail to the Commission of any employee of that agency serving

under a permanent appointment. Any employee who so transfers or is

so detailed shall, upon completion of the employee's tour of duty

with the Commission, be entitled to reemployment with the agency

from which the employee was transferred or detailed without loss of

pay, seniority, or other rights or benefits to which the employee

would have been entitled had the employee not been so transferred

or been so detailed.

(b) "Agency" defined

For purposes of this section, the term "agency" means an

Executive agency, the United States Postal Service, and the

Smithsonian Institution.

(c) Regulations

The Office of Personnel Management shall prescribe regulations to

carry out the purposes of this section.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1203, Sept. 27, 1979, 93 Stat. 461.)

-End-

-CITE-

22 USC Sec. 3644 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Sec. 3644. Compensation of individuals in uniformed services

-STATUTE-

(a) Individual serving in a position in Commission

Except as provided in subsection (b) of this section, any

individual who is serving in a position in the Commission and who

is a member of a uniformed service shall continue to be paid basic

pay by such uniformed service and shall not be paid by the

Commission for the period of the service in the uniformed service

involved.

(b) Individual appointed as Administrator, Deputy Administrator, or

Chief Engineer

If the individual appointed as Administrator, Deputy

Administrator, or Chief Engineer of the Commission is a member of a

uniformed service, the amount of basic pay otherwise payable to the

individual for service in that position shall be reduced, up to the

amount of that basic pay, by the amount of the basic pay payable to

the individual as a member of a uniformed service.

(c) Reimbursement to uniformed service

The Commission shall annually pay to each uniformed service

amounts sufficient to reimburse that uniformed service for any

basic pay paid by that uniformed service to any member of that

service during any period of service in the Commission by the

member.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1204, Sept. 27, 1979, 93 Stat. 461.)

-End-

-CITE-

22 USC Sec. 3645 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Sec. 3645. Deduction from basic pay of amounts due for supplies or

services

-STATUTE-

The Commission may deduct from the basic pay otherwise payable by

the Commission to any officer or employee of the Commission any

amount due from the officer or employee to the Commission or to any

contractor of the Commission for transportation, board, supplies,

or any other service. Any amount so deducted may be paid by the

Commission to any contractor to whom it is due or may be credited

by the Commission to any fund from which the Commission has

expended such amount.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1205, Sept. 27, 1979, 93 Stat. 462;

Pub. L. 104-106, div. C, title XXXV, Sec. 3529(1), Feb. 10, 1996,

110 Stat. 641.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-106 substituted "fund" for "appropriation".

-End-

-CITE-

22 USC Secs. 3646, 3647 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Secs. 3646, 3647. Repealed. Pub. L. 105-261, div. C, title XXXV,

Sec. 3507(a), Oct. 17, 1998, 112 Stat. 2269

-MISC1-

Section 3646, Pub. L. 96-70, title I, Sec. 1206, Sept. 27, 1979,

93 Stat. 462, related to cost of living allowance.

Section 3647, Pub. L. 96-70, title I, Sec. 1207, Sept. 27, 1979,

93 Stat. 462; Pub. L. 99-223, Sec. 5(a), Dec. 28, 1985, 99 Stat.

1739, related to educational travel benefits.

EFFECTIVE DATE OF REPEAL

Pub. L. 105-261, div. C, title XXXV, Sec. 3507(a), Oct. 17, 1998,

112 Stat. 2269, provided that the repeals made by section 3507(a)

are effective 11:59 p.m. (Eastern Standard Time), Dec. 30, 1999,

and any right or condition of employment provided for in, or

arising from, the repealed provisions is terminated.

-End-

-CITE-

22 USC Sec. 3648 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Sec. 3648. Privileges and immunities of certain employees

-STATUTE-

The Secretary of Defense shall designate those officers and

employees of the Commission and other individuals entitled to the

privileges and immunities accorded under paragraph 3 of Article

VIII of the Panama Canal Treaty of 1977. The Department of State

shall furnish to the Republic of Panama a list of the names of such

officers, employees, and other individuals and shall notify the

Republic of Panama of any subsequent additions to or deletions from

the list.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1208, Sept. 27, 1979, 93 Stat. 463.)

-End-

-CITE-

22 USC Sec. 3649 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Sec. 3649. Applicability of certain benefits

-STATUTE-

Chapter 81 of title 5, relating to compensation for work

injuries, chapters 83 and 84 of such title 5, relating to

retirement, chapter 87 of such title 5, relating to life insurance,

and chapter 89 of such title 5, relating to health insurance, are

applicable to Commission employees, except any individual -

(1) who is not a citizen of the United States;

(2) whose initial appointment by the Commission occurs after

October 1, 1979; and

(3) who is covered by the Social Security System of the

Republic of Panama pursuant to any provision of the Panama Canal

Treaty of 1977 and related agreements.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1209, Sept. 27, 1979, 93 Stat. 463;

Pub. L. 104-201, div. C, title XXXV, Sec. 3527, Sept. 23, 1996, 110

Stat. 2861.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201 substituted "Applicability of certain

benefits" for "Inapplicability of certain benefits to certain

noncitizens" in section catchline and amended text generally. Prior

to amendment, text was comprised of subsec. (a) of section 1209 of

Pub. L. 96-70 which read as follows: "Chapter 81 of title 5,

relating to compensation for work injuries, chapter 83 of such

title 5, relating to civil service retirement, chapter 87 of such

title 5, relating to life insurance, and chapter 89 of such title

5, relating to health insurance, are inapplicable to any individual

-

"(1) who is not a citizen of the United States;

"(2) whose initial appointment by the Commission occurs after

October 1, 1979; and

"(3) who is covered by the Social Security System of the

Republic of Panama pursuant to any provision of the Panama Canal

Treaty of 1977 and related agreements."

Prior to amendment, section 1209 also contained subsecs. (b) and

(c) which amended sections 8701 and 8901 of Title 5, Government

Organization and Employees.

-End-

-CITE-

22 USC Sec. 3650 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart i - panama canal commission personnel

-HEAD-

Sec. 3650. Air transportation

-STATUTE-

(a) Notwithstanding any other provision of law (except subsection

(b) of this section), the Commission may contract with Panamanian

carriers registered under the laws of the Republic of Panama to

provide air transportation to officials and employees of the

Commission who are citizens of the Republic of Panama.

(b) An official or employee of the Commission who is a citizen of

the Republic of Panama may elect, for security or other reasons, to

travel by an air carrier holding a certificate under section 41102

of title 49.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1210, as added Pub. L. 99-223, Sec.

5(b)(1), Dec. 28, 1985, 99 Stat. 1739; amended Pub. L. 104-201,

div. C, title XXXV, Sec. 3528, Sept. 23, 1996, 110 Stat. 2861; Pub.

L. 105-85, div. C, title XXXV, Sec. 3524(a)(1), (b), Nov. 18, 1997,

111 Stat. 2065.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-85, Sec. 3524(b)(2), substituted "Air

transportation" for "Travel and transportation" in section

catchline.

Subsec. (a). Pub. L. 105-85, Sec. 3524(b)(1)(A), redesignated

subsec. (d)(1) as subsec. (a) and substituted "subsection (b) of

this section" for "paragraph (2)".

Pub. L. 105-85, Sec. 3524(a)(1), struck out subsec. (a) which

read as follows: "Subject to subsections (b) and (c) of this

section, the Commission may pay travel and transportation expenses

for employees in accordance with subchapter II of chapter 57 of

title 5."

Subsec. (b). Pub. L. 105-85, Sec. 3524(b)(1)(B), redesignated

subsec. (d)(2) as subsec. (b) and substituted "An official" for

"Notwithstanding paragraph (1), an official" and "who is a citizen

of the Republic of Panama" for "referred to in paragraph (1)".

Pub. L. 105-85, Sec. 3524(a)(1), struck out subsec. (b) which

read as follows: "For an employee to whom section 3646 of this

title applies, the Commission may pay travel and transportation

expenses associated with vacation leave for the employee and the

immediate family of the employee notwithstanding requirements

regarding periods of service established by subchapter II of

chapter 57 of title 5 or the regulations promulgated thereunder."

Subsec. (c). Pub. L. 105-85, Sec. 3524(a)(1), struck out subsec.

(c) which read as follows: "For an employee to whom section 3646 of

this title does not apply, the Commission may pay travel and

transportation expenses associated with vacation leave for the

employee and the immediate family of the employee notwithstanding

requirements regarding a written agreement concerning the duration

of a continuing service obligation established by subchapter II of

chapter 57 of title 5 or the regulations promulgated thereunder."

Subsec. (d)(1). Pub. L. 105-85, Sec. 3524(b)(1)(A), redesignated

subsec. (d)(1) as subsec. (a).

Subsec. (d)(2). Pub. L. 105-85, Sec. 3524(b)(1)(B), redesignated

subsec. (d)(2) as subsec. (b).

1996 - Pub. L. 104-201 struck out "expenses" after

"transportation" in section catchline and amended text generally.

Prior to amendment, text read as follows: "The Commission may pay

the expenses of vacation leave travel for an employee of the

Commission to whom section 3646 of this title applies and for

transportation of employee's family from the employee's post of

duty in Panama to the place of the employee's actual residence at

the time of appointment to the post of duty. The authorization of

expenses under this section shall be in accordance with subchapter

II of chapter 57 of title 5 and the regulations issued under that

subchapter, except that the Commission may prescribe required

periods of service notwithstanding section 5722 of title 5 and the

regulations issued under subchapter II of chapter 57 of such

title."

EFFECTIVE DATE OF 1997 AMENDMENT

Section 3524(c) of Pub. L. 105-85 provided that: "The amendments

made by this section [amending this section and section 3664 of

this title] shall take effect on January 1, 1999."

EFFECTIVE DATE

Section effective Oct. 1, 1985, see section 8 of Pub. L. 99-223,

set out as an Effective Date of 1985 Amendment note under section

3612 of this title.

-End-

-CITE-

22 USC subpart ii - wage and employment practices 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

SUBPART II - WAGE AND EMPLOYMENT PRACTICES

-End-

-CITE-

22 USC Sec. 3651 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3651. Definitions

-STATUTE-

As used in this subpart -

(1) "agency" means -

(A) the Commission, and

(B) any other Executive agency or the Smithsonian

Institution, to the extent of any election in effect under

section 3652(b) of this title;

(2) "position" means a civilian position in the Commission, or

in any other agency if a substantial portion of the duties and

responsibilities are performed in the Republic of Panama; and

(3) "employee" means an individual serving in a position.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1211, Sept. 27, 1979, 93 Stat. 463;

Pub. L. 104-201, div. C, title XXXV, Secs. 3529, 3548(b)(1), Sept.

23, 1996, 110 Stat. 2862, 2869.)

-MISC1-

AMENDMENTS

1996 - Par. (1)(B). Pub. L. 104-201, Sec. 3548(b)(1), which

directed substitution of "section 3652(b)" for "section 3652(B)(2)"

could not be executed because the phrase "section 3652(B)(2)" did

not appear after amendment by Pub. L. 104-201, Sec. 3529. See

below.

Pub. L. 104-201, Sec. 3529, amended subpar. (B) generally. Prior

to amendment, subpar. (B) read as follows: "an Executive agency or

the Smithsonian Institution, to the extent of any election in

effect under section 3652(b)(2) of this title;".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3657a of this title.

-End-

-CITE-

22 USC Sec. 3652 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3652. Panama Canal Employment System; merit and other

employment requirements

-STATUTE-

(a) Establishment; merit and other employment requirements

The Commission shall establish a Panama Canal Employment System

and prescribe the regulations necessary for its administration. The

Panama Canal Employment System shall -

(1) be established in accordance with and be subject to the

provisions of the Panama Canal Treaty of 1977 and related

agreements, the provisions of this part, and any other applicable

provision of law;

(2) be based on the consideration of the merit of each employee

or candidate for employment and the qualifications and fitness of

the employee to hold the position concerned;

(3) conform, to the extent practicable and consistent with the

provisions of this chapter, to the policies, principles, and

standards applicable to the competitive service;

(4) in the case of employees who are citizens of the United

States, provide for the appropriate interchange of those

employees between positions under the Panama Canal Employment

System and positions in the competitive service; and

(5) not be subject to the provisions of title 5, unless

specifically made applicable by this chapter.

(b) Applicability to any Executive agency and Smithsonian

Institution

(1) The head of any Executive agency (other than the Commission)

and the Smithsonian Institution may elect to have the Panama Canal

Employment System made applicable in whole or in part to personnel

of that agency in the Republic of Panama.

(2) Any Executive agency (other than the Commission) and the

Smithsonian Institution, to the extent of any election under

paragraph (1), shall conduct its employment and pay practices

relating to employees in accordance with the Panama Canal

Employment System.

(3) Notwithstanding any other provision of this chapter, the

Panama Canal Act Amendments of 1996 (subtitle B of title XXXV of

Public Law 104-201; 110 Stat. 2860), or the Panama Canal Transition

Facilitation Act of 1997 (subtitle B of title XXXV of Public Law

105-85; 110 (!1) Stat. 2062), or the Panama Canal Commission

Authorization Act for Fiscal Year 1999, this subpart, as in effect

on September 22, 1996, shall continue to apply to an Executive

agency or the Smithsonian Institution to the extent of an election

under paragraph (1) by the head of the agency or the Institution,

respectively.

(c) Exclusion of employees or positions from coverage

The Commission may exclude any employee or position from coverage

under any provision of this subpart, other than the interchange

rights extended under subsection (a)(4) of this section.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1212, Sept. 27, 1979, 93 Stat. 464;

Pub. L. 104-201, div. C, title XXXV, Sec. 3530(a), Sept. 23, 1996,

110 Stat. 2862; Pub. L. 105-85, div. C, title XXXV, Secs. 3523(d),

3550(d)(5), Nov. 18, 1997, 111 Stat. 2065, 2074; Pub. L. 105-261,

div. A, title XXXV, Secs. 3507(c), 3512(a)(2), Oct. 17, 1998, 112

Stat. 2269, 2271.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (a)(3), (5) and (b)(3), 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.

The Panama Canal Act Amendments of 1996, referred to in subsec.

(b)(3), is subtitle B of title XXXV of div. C of Pub. L. 104-201,

Sept. 23, 1996, 110 Stat. 2860. For complete classification of this

Act to the Code, see Short Title of 1996 Amendment note set out

under section 3601 of this title and Tables.

The Panama Canal Transition Facilitation Act of 1997, referred to

in subsec. (b)(3), is subtitle B of title XXXV of div. C of Pub. L.

105-85, Nov. 18, 1997, 111 Stat. 2062. For complete classification

of this Act to the Code, see Short Title of 1997 Amendment note set

out under section 3601 of this title and Tables.

The Panama Canal Commission Authorization Act for Fiscal Year

1999, referred to in subsec. (b)(3), is title XXXV of div. C of

Pub. L. 105-261, Oct. 17, 1998, 112 Stat. 2267, which amended this

section and sections 3612, 3612b, 3620, 3642, 3657, 3664, 3671,

3723, 3731, 3751, 3771, 3772, 3776, 3779, and 3862 of this title,

repealed sections 3646, 3647, and 3663 of this title, and enacted

provisions set out as notes under section 3657 of this title. For

complete classification of this Act to the Code, see Tables.

-MISC1-

AMENDMENTS

1998 - Subsec. (b)(3). Pub. L. 105-261, Sec. 3512(a)(2), inserted

"the" after "by the head of".

Pub. L. 105-261, Sec. 3507(c), substituted "the Panama Canal

Transition Facilitation Act of 1997 (subtitle B of title XXXV of

Public Law 105-85; 110 Stat. 2062), or the Panama Canal Commission

Authorization Act for Fiscal Year 1999" for "the Panama Canal

Transition Facilitation Act of 1997".

1997 - Subsec. (b)(3). Pub. L. 105-85, Sec. 3550(d)(5),

substituted "as in effect on September 22, 1996" for "as last in

effect before September 23, 1996".

Pub. L. 105-85, Sec. 3523(d), substituted ", the Panama Canal Act

Amendments of 1996 (subtitle B of title XXXV of Public Law 104-201;

110 Stat. 2860), or the Panama Canal Transition Facilitation Act of

1997" for "or the Panama Canal Act Amendments of 1996".

1996 - Pub. L. 104-201 amended section generally, substituting

subsecs. (a) to (c) requiring the Commission to establish a Panama

Canal Employment System for former subsecs. (a) to (d) requiring

the President to establish such a System.

SAVINGS PROVISION

Section 3530(b) of Pub. L. 104-201 provided that: "The Panama

Canal Employment System and all elections, rules, regulations, and

orders relating thereto, as last in effect before the amendment

made by subsection (a) [amending this section] takes effect, shall

continue in effect, according to their terms, until modified,

terminated, or superseded under section 1212 of the Panama Canal

Act of 1979 [this section], as amended by subsection (a)."

COORDINATION OF PAY AND EMPLOYMENT PRACTICES

For provisions requiring consultations with the Secretary of

Defense for agencies under this subpart with respect to the

establishment of rates of pay and other matters deemed appropriate

by the Secretary in order to develop compatible or unified systems

of basic pay and employment practices, see section 1-201 of Ex.

Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note

under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3651, 3657a of this

title.

-FOOTNOTE-

(!1) So in original. Probably should be "111".

-End-

-CITE-

22 USC Sec. 3653 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3653. Employment standards

-STATUTE-

The Commission shall establish written standards for -

(1) determining the qualifications and fitness of employees and

of candidates for employment in positions; and

(2) selecting individuals for appointment, promotion, or

transfer to positions.

The standards shall conform to the provisions of this subpart, any

regulations prescribed thereunder, and the Panama Canal Employment

System.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1213, Sept. 27, 1979, 93 Stat. 464;

Pub. L. 104-201, div. C, title XXXV, Sec. 3531, Sept. 23, 1996, 110

Stat. 2863.)

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201 substituted "The Commission" for "The head

of each agency" in introductory provisions.

COORDINATION OF PAY AND EMPLOYMENT PRACTICES

For provisions requiring consultations with the Secretary of

Defense for agencies under this subpart with respect to the

establishment of rates of pay and other matters deemed appropriate

by the Secretary in order to develop compatible or unified systems

of basic pay and employment practices, see section 1-201 of Ex.

Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note

under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3656 of this title.

-End-

-CITE-

22 USC Sec. 3654 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3654. Repealed. Pub. L. 104-201, div. C, title XXXV, Sec.

3532, Sept. 23, 1996, 110 Stat. 2863

-MISC1-

Section, Pub. L. 96-70, title I, Sec. 1214, Sept. 27, 1979, 93

Stat. 465, related to an interim, continuing application of Canal

Zone Merit System, as in effect on Sept. 30, 1979, until Panama

Canal Employment System was established and in effect.

-End-

-CITE-

22 USC Sec. 3655 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3655. Repealed. Pub. L. 105-85, div. C, title XXXV, Sec.

3523(a)(1), Nov. 18, 1997, 111 Stat. 2064

-MISC1-

Section, Pub. L. 96-70, title I, Sec. 1215, Sept. 27, 1979, 93

Stat. 465, related to establishment and revision of basic pay.

-End-

-CITE-

22 USC Sec. 3656 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3656. Uniform application of standards and rates

-STATUTE-

The standards established pursuant to section 3653 of this title

and the rates of basic pay established pursuant to section 3642 of

this title shall be applied without regard to whether the employee

or individual concerned is a citizen of the United States or a

citizen of the Republic of Panama.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1216, Sept. 27, 1979, 93 Stat. 465;

Pub. L. 105-85, div. C, title XXXV, Sec. 3523(c)(1), Nov. 18, 1997,

111 Stat. 2065.)

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-85 substituted "section 3642" for "section

3655".

-End-

-CITE-

22 USC Sec. 3657 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3657. Recruitment and retention remuneration

-STATUTE-

(a) Repealed. Pub. L. 105-261, div. C, title XXXV, Sec. 3507(a),

Oct. 17, 1998, 112 Stat. 2269

(b) Restriction

Any employee described in more than one paragraph of subsection

(a) of this section may qualify for a recruitment or retention

differential under only one of those paragraphs.

(c) Recruitment and relocation bonuses

(1) The Commission may pay a recruitment bonus to an individual

who is newly appointed to a position with the Commission, or a

relocation bonus to an employee of the Commission who must relocate

to accept a position, if the Commission determines that the

Commission would be likely, in the absence of such a bonus, to have

difficulty in filling the position.

(2) A recruitment or relocation bonus may be paid to an employee

under this subsection only if the employee enters into an agreement

with the Commission to complete a period of employment established

in the agreement. If the employee voluntarily fails to complete

such period of employment or is separated from service in such

employment as a result of an adverse action before the completion

of such period, the employee shall repay the entire amount of the

bonus.

(3) A recruitment or relocation bonus under this subsection may

be paid as a lump sum. A bonus under this subsection may not be

considered to be part of the basic pay of an employee.

(d) Retention bonuses

(1) The Commission may pay a retention bonus to an employee of

the Commission if the Commission determines that -

(A) the employee has unusually high or unique qualifications

and those qualifications make it essential for the Commission to

retain the employee for a period specified by the Commission

ending not later than the Canal Transfer Date, or the Commission

otherwise has a special need for the services of the employee

making it essential for the Commission to retain the employee for

a period specified by the Commission ending not later than the

Canal Transfer Date; and

(B) the employee would be likely to leave employment with the

Commission before the end of that period if the retention bonus

is not paid.

(2) A retention bonus under this subsection -

(A) shall be in a fixed amount;

(B) shall be paid on a pro rata basis (over the period

specified by the Commission as essential for the retention of the

employee), with such payments to be made at the same time and in

the same manner as basic pay; and

(C) may not be considered to be part of the basic pay of an

employee.

(3) A decision by the Commission to exercise or to not exercise

the authority to pay a bonus under this subsection shall not be

subject to review under any statutory procedure or any agency or

negotiated grievance procedure except under any of the laws

referred to in section 2302(d) of title 5.

(e) Limit on compensation

Additional compensation provided under this section may not

exceed 25 percent of the rate of basic pay of the individual to

whom the compensation is paid.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1217, Sept. 27, 1979, 93 Stat. 465;

Pub. L. 104-201, div. C, title XXXV, Sec. 3533, Sept. 23, 1996, 110

Stat. 2863; Pub. L. 105-85, div. C, title XXXV, Sec. 3525(a), Nov.

18, 1997, 111 Stat. 2066; Pub. L. 105-261, div. C, title XXXV, Sec.

3507(a), Oct. 17, 1998, 112 Stat. 2269.)

-MISC1-

AMENDMENTS

1998 - Subsec. (a). Pub. L. 105-261 struck out subsec. (a) which

read as follows: "In addition to basic pay, additional compensation

may be paid, in such amounts as the head of the agency concerned

determines, as an overseas recruitment or retention differential to

any individual who -

"(1) before October 1, 1979, was employed by the Panama Canal

Company, by the Canal Zone Government, or by any other agency in

the area then known as the Canal Zone;

"(2) is an employee who was recruited on or after October 1,

1979, outside of the Republic of Panama for placement in the

Republic of Panama; or

"(3) is a medical doctor employed by the Department of Defense

in the Republic of Panama or by the Commission;

if, in the judgment of the head of the agency concerned, the

recruitment or retention of the individual is essential."

1997 - Subsecs. (c), (d). Pub. L. 105-85, Sec. 3525(a)(3), added

subsecs. (c) and (d). Former subsec. (c) redesignated (e).

Subsec. (e). Pub. L. 105-85, Sec. 3525(a)(1), (2), redesignated

subsec. (c) as (e) and substituted "of the individual to whom the

compensation is paid" for "for the same or similar work performed

in the United States by individuals employed by the Government of

the United States".

1996 - Subsec. (d). Pub. L. 104-201 struck out subsec. (d) which

read as follows: "Subchapter III of chapter 59 of title 5, relating

to overseas differentials and allowances, shall not apply with

respect to any employee whose permanent duty station is in the

Republic of Panama and who is employed by an agency."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. C, title XXXV, Sec. 3507(a), Oct. 17, 1998,

112 Stat. 2269, provided that the amendment made by section 3507(a)

striking out subsec. (a) of this section is effective 11:59 p.m.

(Eastern Standard Time), Dec. 30, 1999, and any right or condition

of employment provided for in, or arising from, subsec. (a) of this

section is terminated.

SAVINGS PROVISION FOR BASIC PAY

Pub. L. 105-261, div. C, title XXXV, Sec. 3507(b), Oct. 17, 1998,

112 Stat. 2269, provided that: "Notwithstanding subsection (a)

[amending this section and sections 3664, 3671, and 3731 of this

title and repealing sections 3646 and 3647 of this title], benefits

based on basic pay, as listed in paragraphs (1), (2), (3), (5), and

(6) of section 1218 of the Panama Canal Act of 1979 [22 U.S.C.

3658(1), (2), (3), (5), (6)], shall be paid as if sections 1217(a)

and 1231(a)(2)(A) and (B) of that Act [22 U.S.C. 3657(a),

3671(a)(2)(A), (B)] had been repealed effective 12:00 noon,

December 31, 1999. The exception under the preceding sentence shall

not apply to any pay for hours of work performed on December 31,

1999."

COORDINATION OF PAY AND EMPLOYMENT PRACTICES

For provisions requiring consultations with the Secretary of

Defense for agencies under this subpart with respect to the

establishment of rates of pay and other matters deemed appropriate

by the Secretary in order to develop compatible or unified systems

of basic pay and employment practices, see section 1-201 of Ex.

Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note

under section 3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 3614, 3658, 3673 of this

title.

-End-

-CITE-

22 USC Sec. 3657a 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3657a. Quarters allowances

-STATUTE-

(a) "Position" and "employee" defined

Notwithstanding paragraphs (2) and (3) of section 3651 of this

title, as used in this section -

(1) "position" means a civilian position; and

(2) "employee" means an individual serving in a position in the

Department of Defense whose permanent duty station is in the area

which, before October 1, 1979, was known as the Canal Zone.

(b) Covered employees

Under regulations prescribed by or under authority of the

President, the Department of Defense may grant a quarters allowance

in the case of -

(1) any employee who is a citizen of the United States and who,

before October 1, 1979, was employed by the Panama Canal Company,

the Canal Zone Government, or any other agency, in the area then

known as the Canal Zone; and

(2) any other employee who is a citizen of the United States

and who (before, on, or after the effective date of this section)

is or was recruited within the United States;

for whom adequate Government owned or leased quarters are not made

available.

(c) Determination of amount

The amount of any quarters allowance granted to an employee under

this section shall be determined in accordance with the regulations

prescribed under subsection (b) of this section, except that such

allowance for any period may not exceed the amount, if any, by

which -

(1) the lesser of -

(A) the actual expenses for rent and utilities incurred by

the employee during such period while occupying quarters other

than Government owned or leased quarters; or

(B) the maximum amount which would be authorized for such

employee with respect to such period under the Department of

State Standardized Regulations (Government Civilians, Foreign

Areas) if such employee were covered by those regulations;

exceeds

(2) the estimated total cost of rent and utilities which the

employee would have been charged if Government owned or leased

quarters had been provided on a rental basis during such period.

(d) Inapplicability of election under section 3652(b) of this title

The provisions of this section shall apply without regard to

whether any election by the Department of Defense under section

3652(b) of this title is then in effect.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1217a, as added Pub. L. 98-600, Sec.

1(a), Oct. 30, 1984, 98 Stat. 3145.)

-REFTEXT-

REFERENCES IN TEXT

For effective date of this section, referred to in subsec.

(b)(2), see section 2 of Pub. L. 98-600, set out below.

-MISC1-

EFFECTIVE DATE

Section 2 of Pub. L. 98-600 provided that: "The amendments made

by this Act [enacting this section] shall take effect on October 1,

1984, and shall apply with respect to utility costs incurred, and

rent payable for any period beginning, on or after that date."

-EXEC-

EX. ORD. NO. 12520. QUARTERS ALLOWANCE TO DEPARTMENT OF DEFENSE

EMPLOYEES IN PANAMA

Ex. Ord. No. 12520, June 19, 1985, 50 F.R. 25683, provided:

By the authority vested in me as President by the Constitution

and the laws of the United States of America, including section

1217a of the Panama Canal Act of 1979 (22 U.S.C. 3657a), it is

hereby ordered as follows:

Section 1. The Secretary of Defense is authorized to prescribe

the regulations referred to in section 1217a of the Panama Canal

Act of 1979 [22 U.S.C. 3657a], relating to quarters allowances.

Sec. 2. The regulations prescribed under Section 1 shall be

consistent with Article VII(4) of the Agreement in Implementation

of Article IV of the Panama Canal Treaty and with all other

relevant provisions of the Panama Canal Treaty and related

agreements.

Ronald Reagan.

-End-

-CITE-

22 USC Sec. 3658 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3658. Benefits based on basic pay

-STATUTE-

For the purpose of determining -

(1) amounts of compensation for disability or death under

chapter 81 of title 5, relating to compensation for work

injuries;

(2) benefits under subchapter III of chapter 83 or chapter 84

of title 5, relating to retirement;

(3) amounts of insurance under chapter 87 of title 5, relating

to life insurance;

(4) amounts of overtime pay or other premium pay;

(5) annual leave benefits; and

(6) any other benefits related to basic pay;

the basic pay of each employee shall include the rate of basic pay

established for his position under section 3642 of this title plus

the amount of any additional compensation provided under section

3657(a) (!1) of this title.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1218, Sept. 27, 1979, 93 Stat. 466;

Pub. L. 104-201, div. C, title XXXV, Sec. 3534, Sept. 23, 1996, 110

Stat. 2863; Pub. L. 105-85, div. C, title XXXV, Sec. 3523(c)(2),

Nov. 18, 1997, 111 Stat. 2065.)

-REFTEXT-

REFERENCES IN TEXT

Section 3657(a) of this title, referred to in text, was repealed

by Pub. L. 105-261, div. C, title XXXV, Sec. 3507(a), Oct. 17,

1998, 112 Stat. 2269.

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-85, in concluding provisions, substituted

"section 3642" for "section 3655" and "section 3657(a)" for

"section 3657".

1996 - Par. (2). Pub. L. 104-201 amended par. (2) generally.

Prior to amendment, par. (2) read as follows: "benefits under

subchapter III of chapter 83 of title 5, relating to civil service

retirement;".

COORDINATION OF PAY AND EMPLOYMENT PRACTICES

For provisions requiring consultations with the Secretary of

Defense for agencies under this subpart with respect to the

establishment of rates of pay and other matters deemed appropriate

by the Secretary in order to develop compatible or unified systems

of basic pay and employment practices, see section 1-201 of Ex.

Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note

under section 3601 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 3659 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3659. Repealed. Pub. L. 105-85, div. C, title XXXV, Sec.

3523(a)(2), Nov. 18, 1997, 111 Stat. 2064

-MISC1-

Section, Pub. L. 96-70, title I, Sec. 1219, Sept. 27, 1979, 93

Stat. 466, related to salary protection upon conversion of pay

rate.

-End-

-CITE-

22 USC Sec. 3660 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3660. Review and adjustment of classifications, grades, and

pay level

-STATUTE-

An employee may request at any time that the employee's agency -

(1) review the classification of the employee's position or the

grade or pay level for the employee's position, or both; and

(2) revise or adjust that classification, grade or pay level,

or both, as the case may be.

The request for review and revision or adjustment shall be

submitted and adjudicated in accordance with the regularly

established appeals procedures of the agency.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1220, Sept. 27, 1979, 93 Stat. 466.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3662 of this title.

-End-

-CITE-

22 USC Sec. 3661 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3661. Panama Canal Board of Appeals; duties

-STATUTE-

(a) Subject to the provisions of this part, the Commission shall

prescribe regulations establishing a Panama Canal Board of Appeals.

The regulations shall provide for the number of members of the

Board and their appointment, compensation, and terms of office, the

selection of a Chairman of the Board, the appointment and

compensation of the Board's employees, and other appropriate

matters relating to the Board.

(b) The Board shall review and determine the appeals of employees

in accordance with section 3662 of this title. The decisions of the

Board shall conform to the provisions of this subpart.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1221, Sept. 27, 1979, 93 Stat. 466;

Pub. L. 105-85, div. C, title XXXV, Sec. 3548, Nov. 18, 1997, 111

Stat. 2073.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85 substituted "Commission" for

"President".

-End-

-CITE-

22 USC Sec. 3662 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3662. Appeals to Board; procedures

-STATUTE-

(a) Persons entitled to appeal; form; time

An employee may appeal to the Panama Canal Board of Appeals from

an adverse determination made by an agency under section 3660 of

this title. The appeal shall be made in writing within a reasonable

time (as specified in regulations prescribed by, or under the

authority of, the Commission) after the date of the transmittal by

the agency to the employee of written notice of the adverse

determination.

(b) Personal appearance

The Board may authorize, in connection with an appeal pursuant to

subsection (a) of this section, a personal appearance before the

Board by the employee, or by a representative of the employee

designated for that purpose.

(c) Consideration of evidence; decision

After investigation and consideration of the evidence submitted,

the Board shall -

(1) prepare a written decision on the appeal;

(2) transmit its decision to the agency concerned; and

(3) transmit copies of the decision to the employee concerned

or to the designated representative.

(d) Finality of decision

The decision of the Board on any question or other matter

relating to an appeal is final and conclusive. The agency concerned

shall take action in accordance with the decision of the Board.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1222, Sept. 27, 1979, 93 Stat. 467;

Pub. L. 105-85, div. C, title XXXV, Sec. 3548, Nov. 18, 1997, 111

Stat. 2073.)

-MISC1-

AMENDMENTS

1997 - Subsec. (a). Pub. L. 105-85 substituted "Commission" for

"President".

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3661 of this title.

-End-

-CITE-

22 USC Sec. 3663 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3663. Repealed. Pub. L. 105-261, div. C, title XXXV, Sec.

3508(a), Oct. 17, 1998, 112 Stat. 2269

-MISC1-

Section, Pub. L. 96-70, title I, Sec. 1223, Sept. 27, 1979, 93

Stat. 467; Pub. L. 104-201, div. C, title XXXV, Sec. 3535, Sept.

23, 1996, 110 Stat. 2863, related to the Central Examining Office.

-End-

-CITE-

22 USC Sec. 3664 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3664. Applicability of title 5

-STATUTE-

The following provisions of title 5 apply to the Panama Canal

Commission:

(1) Part I of title 5 (relating to agencies generally).

(2) Chapter 21 (relating to employee definitions).

(3) Section 2302(b)(8) (relating to whistleblower protection)

and all provisions of title 5 relating to the administration or

enforcement or any other aspect thereof, as identified in

regulations prescribed by the Commission in consultation with the

Office of Personnel Management.

(4) All provisions relating to preference eligibles.

(5) Section 5514 (relating to offset from salary).

(6) Section 5520a (relating to garnishments).

(7) Sections 5531-5535 (relating to dual pay and employment).

(8) Subchapter VI of chapter 55 (relating to accumulated and

accrued leave).

(9) Subchapter IX of chapter 55 (relating to severance and back

pay).

(10) Chapter 59 (relating to allowances).

(11) Repealed. Pub. L. 105-261, div. C, title XXXV, Sec.

3507(a), Oct. 17, 1998, 112 Stat. 2269.

(12) Section 6323 (relating to military leave; Reserves and

National Guardsmen).

(13) Chapter 71 (relating to labor relations).

(14) Subchapters II and III of chapter 73 (relating to

employment limitations and political activities, respectively)

and all provisions of title 5 relating to the administration or

enforcement or any other aspect thereof, as identified in

regulations prescribed by the Commission in consultation with the

Office of Personnel Management.

(15) Chapter 81 (relating to compensation for work injuries).

(16) Chapters 83 and 84 (relating to retirement).

(17) Chapter 85 (relating to unemployment compensation).

(18) Chapter 87 (relating to life insurance).

(19) Chapter 89 (relating to health insurance).

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1224, Sept. 27, 1979, 93 Stat. 467;

Pub. L. 104-201, div. C, title XXXV, Sec. 3536, Sept. 23, 1996, 110

Stat. 2864; Pub. L. 105-85, div. C, title XXXV, Sec. 3524(a)(2),

Nov. 18, 1997, 111 Stat. 2065; Pub. L. 105-261, div. C, title XXXV,

Sec. 3507(a), Oct. 17, 1998, 112 Stat. 2269.)

-MISC1-

AMENDMENTS

1998 - Par. (11). Pub. L. 105-261 struck out par. (11) which read

as follows: "Chapter 63 (relating to leave for CONUS employees)."

1997 - Pars. (10) to (20). Pub. L. 105-85 redesignated pars. (11)

to (20) as (10) to (19), respectively, and struck out former par.

(10) which read as follows: "Chapter 57 (relating to travel,

transportation, and subsistence)."

1996 - Pub. L. 104-201 substituted "title 5" for "certain laws"

in section catchline and amended text generally. Prior to

amendment, text read as follows: "This part does not affect the

applicability of -

"(1) the provisions of title 5 which relate to preference

eligibles;

"(2) the provisions of title 5 which relate to removal or

suspension from the competitive service; and

"(3) the provisions of section 5544(a) of title 5 which relate

to wage-board overtime and Sunday rates, with respect to classes

of employees who were covered by those provisions on September

27, 1979."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. C, title XXXV, Sec. 3507(a), Oct. 17, 1998,

112 Stat. 2269, provided that the amendment made by section 3507(a)

striking out par. (11) of this section is effective 11:59 p.m.

(Eastern Standard Time), Dec. 30, 1999, and any right or condition

of employment provided for in, or arising from, par. (11) of this

section is terminated.

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-85 effective Jan. 1, 1999, see section

3524(c) of Pub. L. 105-85, set out as a note under section 3650 of

this title.

-End-

-CITE-

22 USC Sec. 3665 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart ii - wage and employment practices

-HEAD-

Sec. 3665. Repealed. Pub. L. 105-85, div. C, title XXXV, Sec.

3523(a)(3), Nov. 18, 1997, 111 Stat. 2065

-MISC1-

Section, Pub. L. 96-70, title I, Sec. 1225(b), Sept. 27, 1979, 93

Stat. 468, related to minimum pay level and minimum annual

increases.

-End-

-CITE-

22 USC subpart iii - conditions of employment and

placement 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart iii - conditions of employment and placement

-HEAD-

SUBPART III - CONDITIONS OF EMPLOYMENT AND PLACEMENT

-End-

-CITE-

22 USC Sec. 3671 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart iii - conditions of employment and placement

-HEAD-

Sec. 3671. Transferred or reemployed employees

-STATUTE-

(a) Terms and conditions of employment

(1) With respect to any individual employed in the Panama Canal

Company or the Canal Zone Government -

(A) who is transferred -

(i) to a position in the Commission; or

(ii) to a position in an Executive agency or in the

Smithsonian Institution the permanent duty station of which is

in the Republic of Panama (including the area known before

October 1, 1979, as the Canal Zone); or

(B) who is separated by reason of a reduction in force on

September 30, 1979, and is appointed to a position in the

Commission before April 1, 1980;

the terms and conditions of employment set forth in paragraph (2)

of this subsection shall be generally no less favorable, on or

after the date of the transfer referred to in subparagraph (A) of

this paragraph or the date of the appointment referred to in

subparagraph (B) of this paragraph, as the case may be, than the

terms and conditions of employment with the Panama Canal Company

and Canal Zone Government on September 30, 1979, or, in the case of

a transfer described in subparagraph (A)(ii) of this paragraph

which takes place before that date, on the date of the transfer.

(2) The terms and conditions of employment referred to in

paragraph (1) of this subsection are the following:

(A), (B) Repealed. Pub. L. 105-261, div. C, title XXXV, Sec.

3507(a), Oct. 17, 1998, 112 Stat. 2269.

(C) premium pay and night differential;

(D) reinstatement and restoration rights;

(E) injury and death compensation benefits;

(F) to (H) Repealed. Pub. L. 105-261, div. C, title XXXV, Sec.

3507(a), Oct. 17, 1998, 112 Stat. 2269.

(I) reduction-in-force rights;

(J) an employee grievance system, and the right to appeal

adverse and disciplinary actions and position classification

actions;

(K) veterans' preference eligibility;

(L) holidays;

(M) saved pay provisions; and

(N) severance pay benefits.

(b) Break in service

Any individual described in subsection (a)(1)(B) of this section

who would have met the service requirement for early retirement

benefits under section 8336(i) or 8339(d)(2) of title 5 (as amended

by sections 1241(a) and 1242 of this Act, respectively), but for a

break in service of more than 3 days immediately after September

30, 1979, shall be considered to meet that requirement. Any break

in service by any such individual for purposes of section 8332 of

such title 5 during the period beginning September 30, 1979, and

ending on the date of the appointment referred to in such

subsection (a)(1)(B) of this section shall be considered a period

of creditable service under such section 8332 for such individual,

except that such period shall not be taken into account for

purposes of determining average pay (as defined in section 8331(4)

of such title 5) and no deduction, contribution, or deposit shall

be required for that period under section 8334 of such title 5.

(c) Applicability of sections 903(c) and 904(a)(2) of title 20;

sabbaticals

(1) Section 903(c) of title 20 shall not apply with respect to

any teacher who was employed by the Canal Zone Government school

system on September 30, 1979, and who was transferred from such

position to a teaching position which is under the Department of

Defense Overseas Dependent School System and the permanent duty

station of which is in the Republic of Panama, until the rates of

basic compensation established under section 903(c) of title 20

equal or exceed the rates of basic compensation then in effect for

teachers who were so transferred.

(2) Section 904(a)(2) of title 20 shall not apply with respect to

any teacher who was employed by the Canal Zone Government school

system on September 30, 1979, and who was transferred from such

position to a teaching position which is under the Department of

Defense Overseas Dependent School System and the permanent duty

station of which is in the Republic of Panama.

(3)(A) The head of a department or agency of the United States

may grant a sabbatical to any teacher to whom paragraph (1) of this

subsection applies for not to exceed 11 months in order to permit

the teacher to engage in study or uncompensated work experience

which is in the United States and which will contribute to the

teacher's development and effectiveness. Basic compensation shall

be paid to teachers on sabbatical under this section in the same

manner and to the same extent as basic compensation would have been

paid to teachers on sabbatical while employed in the Canal Zone

Government school system on September 30, 1979. A sabbatical shall

not result in a loss of, or reduction in, leave to which the

teacher is otherwise entitled, credit for time or service, or

performance or efficiency rating. The head of the department or

agency may authorize in accordance with chapter 57 of title 5 such

travel expenses (including per diem allowance) as the head of the

department or agency may determine to be essential for the study or

experience.

(B) A sabbatical under this paragraph may not be granted to any

teacher -

(i) more than once in any 10-year period;

(ii) unless the teacher has completed 7 years of service as a

teacher; and

(iii) if the teacher is eligible for voluntary retirement with

a right to an immediate annuity.

(C)(i) Any teacher in a department or agency of the United States

may be granted a sabbatical under this paragraph only if the

teacher agrees, as a condition of accepting the sabbatical, to

serve in the civil service upon the completion of the sabbatical

for a period of two consecutive years.

(ii) Each agreement required under clause (i) of this

subparagraph shall provide that in the event the teacher fails to

carry out the agreement (except for good and sufficient reason as

determined by the head of the department or agency that granted the

sabbatical) the teacher shall be liable to the United States for

payment of all expenses (including salary) of the sabbatical. The

amount shall be treated as a debt due the United States.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1231(a)-(c), Sept. 27, 1979, 93 Stat.

468, 469; Pub. L. 104-201, div. C, title XXXV, Sec. 3537, Sept. 23,

1996, 110 Stat. 2864; Pub. L. 105-85, div. C, title XXXV, Sec.

3550(d)(2)(C), Nov. 18, 1997, 111 Stat. 2074; Pub. L. 105-261, div.

C, title XXXV, Sec. 3507(a), Oct. 17, 1998, 112 Stat. 2269.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (b), is 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.

-COD-

CODIFICATION

Section 1231(d) of Pub. L. 96-70 amended sections 5595, 5724a,

and 8102 of Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1998 - Subsec. (a)(2)(A), (B). Pub. L. 105-261 struck out

subpars. (A) and (B) which read as follows:

"(A) rates of basic pay;

"(B) tropical differential;".

Subsec. (a)(2)(F) to (H). Pub. L. 105-261 struck out subpars. (F)

to (H) which read as follows:

"(F) leave and travel;

"(G) transportation and repatriation benefits;

"(H) group health and life insurance;".

1997 - Subsec. (c)(3)(A). Pub. L. 105-85 substituted "September

30, 1979" for "the day before October 1, 1979".

1996 - Subsec. (a)(3). Pub. L. 104-201 struck out par. (3) which

read as follows:

"(3)(A) The provisions of this subsection shall take effect on

September 27, 1979.

"(B) No spending authority (as described in section 651(c)(2)(C)

of title 2) provided for under this subsection shall take effect

before October 1, 1979.

"(C) Effective October 1, 1979, any individual who, but for

subparagraph (B) of this paragraph, would have been entitled to one

or more payments pursuant to this subsection for periods before

October 1, 1979, shall be entitled, to the extent or in such

amounts as are provided in advance in appropriation Acts, to a lump

sum payment equal to the total amount of all such payments."

EFFECTIVE DATE OF 1998 AMENDMENT

Pub. L. 105-261, div. C, title XXXV, Sec. 3507(a), Oct. 17, 1998,

112 Stat. 2269, provided that the amendment made by section 3507(a)

striking out subsec. (a)(2)(A), (B), and (F) to (H) of this section

is effective 11:59 p.m. (Eastern Standard Time), Dec. 30, 1999, and

any right or condition of employment provided for in, or arising

from, subsec. (a)(2)(A), (B), and (F) to (H) of this section is

terminated.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3691 of this title; title

5 section 8348.

-End-

-CITE-

22 USC Sec. 3672 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart iii - conditions of employment and placement

-HEAD-

Sec. 3672. Placement

-STATUTE-

(a) Citizens separated from employment with Panama Canal Company or

Canal Zone Government

Any citizen of the United States -

(1) who, on March 31, 1979, was an employee of the Panama Canal

Company or the Canal Zone Government;

(2) who separates or is scheduled to separate on or after such

date for any reason other than misconduct or delinquency; and

(3) who is not placed in another appropriate position in the

Government of the United States in the Republic of Panama;

shall, upon the employee's request, be accorded appropriate

assistance for placement in vacant positions in the Government of

the United States in the United States.

(b) Citizens eliminated from employment with Executive agency or

Canal Zone Government as a result of implementation of Panama

Canal Treaty of 1977

Any citizen of the United States -

(1) who, on March 31, 1979, was employed in the Canal Zone as

an employee of an Executive agency (other than the Panama Canal

Company or the Canal Zone Government) or the Smithsonian

Institution;

(2) whose position is eliminated as the result of the

implementation of any provision of the Panama Canal Treaty of

1977 and related agreements; and

(3) who is not appointed to another appropriate position in the

Government of the United States in the Republic of Panama;

shall, upon the employee's request, be accorded appropriate

assistance for placement in vacant positions in the Government of

the United States in the United States.

(c) Establishment and administration of program by Office of

Personnel Management

The Office of Personnel Management shall establish and administer

a Government-wide placement program for all eligible employees who

request appointment to positions under this section.

(d) Effective date

The provisions of this section shall take effect on September 27,

1979.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1232, Sept. 27, 1979, 93 Stat. 470.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3691 of this title.

-End-

-CITE-

22 USC Sec. 3673 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart iii - conditions of employment and placement

-HEAD-

Sec. 3673. Transition separation incentive payments

-STATUTE-

(a) In applying to the Commission and employees of the Commission

the provisions of section 663 of the Treasury, Postal Service, and

General Government Appropriations Act, 1997 (as contained in

section 101(f) of division A of Public Law 104-208; 110 Stat.

3009-383), relating to voluntary separation incentives for

employees of certain Federal agencies (in this section referred to

as "section 663") -

(1) the term "employee" shall mean an employee of the

Commission who has served in the Republic of Panama in a position

with the Commission for a continuous period of at least three

years immediately before the employee's separation under an

appointment without time limitation and who is covered under the

Civil Service Retirement System or the Federal Employees'

Retirement System under subchapter III of chapter 83 or chapter

84, respectively, of title 5, other than -

(A) an employee described in any of subparagraphs (A) through

(F) of subsection (a)(2) of section 663; or

(B) an employee of the Commission who, during the 24-month

period preceding the date of separation, has received a

recruitment or relocation bonus under section 3657(c) of this

title or who, within the 12-month period preceding the date of

separation, received a retention bonus under section 3657(d) of

this title;

(2) the strategic plan under subsection (b) of section 663

shall include (in lieu of the matter specified in subsection

(b)(2) of that section) -

(A) the positions to be affected, identified by occupational

category and grade level;

(B) the number and amounts of separation incentive payments

to be offered; and

(C) a description of how such incentive payments will

facilitate the successful transfer of the Panama Canal to the

Republic of Panama;

(3) a separation incentive payment under section 663 may be

paid to a Commission employee only to the extent necessary to

facilitate the successful transfer of the Panama Canal by the

United States of America to the Republic of Panama as required by

the Panama Canal Treaty of 1977;

(4) such a payment -

(A) may be in an amount determined by the Commission not to

exceed $25,000; and

(B) may be made (notwithstanding the limitation specified in

subsection (c)(2)(D) of section 663) in the case of an eligible

employee who voluntarily separates (whether by retirement or

resignation) during the 90-day period beginning on November 18,

1997, or during the period beginning on October 1, 1998, and

ending on December 31, 1998;

(5) in the case of not more than 15 employees who (as

determined by the Commission) are unwilling to work for the

Panama Canal Authority after the Canal Transfer Date and who

occupy critical positions for which (as determined by the

Commission) at least two years of experience is necessary to

ensure that seasoned managers are in place on and after the Canal

Transfer Date, such a payment (notwithstanding paragraph (4)) -

(A) may be in an amount determined by the Commission not to

exceed 50 percent of the basic pay of the employee; and

(B) may be made (notwithstanding the limitation specified in

subsection (c)(2)(D) of section 663) in the case of such an

employee who voluntarily separates (whether by retirement or

resignation) during the 90-day period beginning on November 18,

1997; and

(6) the provisions of subsection (f) of section 663 shall not

apply.

(b) A decision by the Commission to exercise or to not exercise

the authority to pay a transition separation incentive under this

section shall not be subject to review under any statutory

procedure or any agency or negotiated grievance procedure except

under any of the laws referred to in section 2302(d) of title 5.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1233, as added Pub. L. 105-85, div.

C, title XXXV, Sec. 3526, Nov. 18, 1997, 111 Stat. 2067.)

-REFTEXT-

REFERENCES IN TEXT

Section 663 of the Treasury, Postal Service, and General

Government Appropriations Act, 1997 (as contained in section 101(f)

of division A of Public Law 104-208; 110 Stat. 3009-383), referred

to in subsec. (a), is set out as a note under section 5597 of Title

5, Government Organization and Employees.

-End-

-CITE-

22 USC subpart iv - retirement 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart iv - retirement

-HEAD-

SUBPART IV - RETIREMENT

-End-

-CITE-

22 USC Sec. 3681 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart iv - retirement

-HEAD-

Sec. 3681. Retirement under special treaty provisions

-STATUTE-

(a) Purchase of retirement equity; individuals entitled to

participate

(1) Subject to subsection (b) of this section, and under such

regulations as the President may prescribe, the Secretary of the

Treasury shall pay to the Social Security System of the Republic of

Panama, out of funds deposited in the Treasury of the United States

to the credit of the Civil Service Retirement and Disability Fund

under section 8334(a)(2) of title 5, such sums of money as may be

necessary to aid in the purchase of a retirement equity in such

System for each individual who -

(A) meets the requirements of paragraph (2) of this subsection;

(B) is separated from employment in the Panama Canal Company,

the Canal Zone Government, or the Commission by reason of the

implementation of any provision of the Panama Canal Treaty of

1977 and related agreements; and

(C) becomes employed in a position covered by the Social

Security System of the Republic of Panama through the transfer of

a function or activity to the Republic of Panama from the United

States or through a job placement assistance program.

(2) This subsection applies with respect to any individual only

if the individual -

(A) has been credited with at least 5 years of civilian service

under section 8332 of title 5, relating to creditable service for

purposes of civil service retirement;

(B) is not eligible for an immediate retirement annuity under

chapter 83 of title 5, relating to civil service retirement, and

elects not to receive a deferred annuity under that chapter based

on any portion of that service, and

(C) elects to withdraw from the Civil Service Retirement and

Disability Fund the individual's entire lump-sum credit (as

defined in section 8331(8) of title 5) and to transfer that

amount to the Social Security System of the Republic of Panama

pursuant to the special regime referred to in paragraph 3 of

Article VIII of the Agreement in Implementation of Article III of

the Panama Canal Treaty of 1977.

(b) Limitation on amount paid to Social Security System of Republic

of Panama

The amount paid to the Social Security System of the Republic of

Panama with respect to any individual under subsection (a) of this

section shall not exceed the individual's entire lump-sum credit

(as so defined).

(c) Purchase of nontransferable deferred annuity; employees

entitled to participate

(1) Pursuant to paragraph 2(b) of Annex C to the Agreement in

Implementation of Article IV of the Panama Canal Treaty of 1977,

the President, or the President's designee, shall purchase from a

source determined by the President to be appropriate, in accordance

with such regulations as the President or the President's designee

may prescribe, and to such extent or in such amounts as may be

provided in advance in appropriation Acts, a nontransferable

deferred annuity for the benefit of each employee of an agency or

instrumentality of the Government of the United States in the

Republic of Panama -

(A) who is not a citizen of the United States;

(B) who was employed on October 1, 1979, and during any period

before that date by an agency or instrumentality of the

Government of the United States at any permanent duty station in

the Republic of Panama (including, with respect to employment

before that date, the area then known as the Canal Zone);

(C) who, for any period of service with such agency or

instrumentality before October 1, 1979, at any such permanent

duty station was not covered, by reason of that service, by the

United States Civil Service Retirement system or any other

Federal retirement system providing benefits similar to those

retirement benefits provided by the Social Security System of the

Republic of Panama; and

(D) who, on October 1, 1979, is under a Federal retirement

system and, on or before that date, has accrued in one or more

agencies or instrumentalities of the United States a total of 5

years or more of service which -

(i) is creditable toward any Federal retirement system as in

effect on October 1, 1979;

(ii) would have been creditable toward any such retirement

system if the retirement system were in effect at the time of

the service accrued by the employee; or

(iii) consists of any combination of service described in

clauses (i) and (ii) of this subparagraph.

(2) The retirement annuity referred to in paragraph (1) of this

subsection with respect to any employee will cover retroactively,

from October 1, 1979, all periods of service, described in

subparagraph (D) of that paragraph, by that employee at any

permanent duty station in the Republic of Panama (including the

area known before that date as the Canal Zone) in agencies and

instrumentalities of the Government of the United States during

which that employee was not covered by the United States Civil

Service Retirement System or any other Federal retirement system

providing benefits similar to those retirement benefits provided by

the Social Security System of the Republic of Panama.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1243, Sept. 27, 1979, 93 Stat. 473;

Pub. L. 105-85, div. C, title XXXV, Sec. 3550(d)(6), Nov. 18, 1997,

111 Stat. 2074.)

-MISC1-

AMENDMENTS

1997 - Subsec. (c)(2). Pub. L. 105-85 substituted "retroactively"

for "retroactivity".

-TRANS-

DELEGATION OF FUNCTIONS

Functions vested in President by subsec. (a)(1) delegated to

Director of Office of Personnel Management and function vested in

President by subsec. (c)(1) of this section delegated to Secretary

of Defense, see sections 1-105 and 1-403 of Ex. Ord. No. 12215, May

27, 1980, 45 F.R. 36043, 36045, set out as a note under section

3601 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 5 section 8348.

-End-

-CITE-

22 USC Sec. 3682 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart iv - retirement

-HEAD-

Sec. 3682. Administration of certain disability benefits

-STATUTE-

(a) Continuation of cash relief payments to employees under Act of

July 8, 1937

(1) The Commission, or any other United States Government agency

or private entity acting pursuant to an agreement with the

Commission, under the Act entitled "An Act authorizing cash relief

for certain employees of the Panama Canal not coming within the

provisions of the Canal Zone Retirement Act", approved July 8, 1937

(50 Stat. 478; 68 Stat. 17), may continue the payments of cash

relief to those individual former employees of the Canal Zone

Government or Panama Canal Company or their predecessor agencies

not coming within the scope of the former Canal Zone Retirement Act

whose services were terminated prior to October 5, 1958, because of

unfitness for further useful service by reason of mental or

physical disability resulting from age or disease.

(2) Subject to subsection (b) of this section, cash relief under

this subsection may not exceed $1.50 per month for each year of

service of the employees so furnished relief, with a maximum of $45

per month, plus the amount of any cost-of-living increases in such

cash relief granted before October 1, 1979, pursuant to section 181

of title 2 of the Canal Zone Code (as in effect on September 30,

1979), nor be paid to any employee who, at the time of termination

for disability prior to October 5, 1958, had less than 10 years'

service with the Canal Zone Government, the Panama Canal Company,

or their predecessor agencies on the Isthmus of Panama.

(b) Additional amounts for relief under subsection (a)

An additional amount of $20 per month shall be paid to each

person who receives payment of cash relief under subsection (a) of

this section and shall be allowed without regard to the limitations

contained therein.

(c) Increases in cash relief payments

Each cash relief payment made pursuant to this section shall be

increased on the same effective date and by the same percent,

adjusted to the nearest dollar, as civil service retirement

annuities are increased under the cost-of-living adjustment

provisions of section 8340(b) of title 5. Such increase shall apply

only to cash relief payments made after October 1, 1979, as

increased by annuity increases made after that date under such

section 8340(b) of title 5.

(d) Cash relief payments to widows

The Commission may pay cash relief to the widow of any former

employee of the Canal Zone Government or the Panama Canal Company

who, until the time of his death, receives or has received cash

relief under subsection (a) of this section, under section 181 of

title 2 of the Canal Zone Code (as in effect on September 30,

1979), or under the Act of July 8, 1937, referred to in such

subsection (a) of this section. The term "widow" as used in this

subsection includes only the following:

(1) a woman legally married to such employee at the time of his

termination for disability and at his death;

(2) a woman who, although not legally married to such former

employee at the time of his termination, had resided continuously

with him for at least five years immediately preceding the

employee's termination under such circumstances as would at

common law make the relationship a valid marriage and who

continued to reside with him until his death; and

(3) a woman who has not remarried or assumed a common-law

relationship with any other person.

Cash relief granted to such a widow shall not at any time exceed 50

percent of the rate at which cash relief, inclusive of any

additional payment under subsection (b) of this section, would be

payable to the former employee were he then alive.

(e) Applicability of subchapter III of chapter 83 of title 5

Subchapter III of chapter 83 of title 5 applies with respect to

those individuals who were in the service of the Canal Zone

Government or the Panama Canal Company on October 5, 1958, and who,

except for the operation of section 13(a)(1) of the Act entitled

"An Act to implement item 1 of a Memorandum of Understanding

attached to the treaty of January 25, 1955, entered into by the

Government of the United States of America and the Government of

the Republic of Panama with respect to wage and employment

practices of the Government of the United States of America in the

Canal Zone", approved July 25, 1958 (72 Stat. 405), would have been

within the classes of individuals subject to the Act of July 8,

1937, referred to in subsection (a) of this section.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1245, Sept. 27, 1979, 93 Stat. 475;

Pub. L. 104-201, div. C, title XXXV, Secs. 3538, 3548(c)(2), Sept.

23, 1996, 110 Stat. 2864, 2869.)

-REFTEXT-

REFERENCES IN TEXT

The reference to the Act of July 8, 1937, in subsecs. (a)(1),

(d), and (e), is act July 8, 1937, ch. 443, 50 Stat. 478, as

amended, which was classified to section 1372 of Title 48,

Territories and Insular Possessions, prior to repeal by Pub. L.

87-845, Sec. 26(b), Oct. 18, 1962, 76A Stat. 701.

The Canal Zone Code, referred to in subsec. (a)(2), was enacted

by Pub. L. 87-845, Sec. 1, Oct. 18, 1962, 76A Stat. 1, redesignated

the Panama Canal Code by Pub. L. 96-70, title III, Sec. 3303(b),

Sept. 27, 1979, 93 Stat. 499, and repealed by Pub. L. 104-201, div.

C, title XXXV, Sec. 3549, Sept. 23, 1996, 110 Stat. 2870.

Section 13(a)(1) of Act July 25, 1958, referred to in subsec.

(e), probably means section 13(a) of Pub. L. 85-550, July 25, 1958,

72 Stat. 405, as amended, which is set out as a note under section

8331 of Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1996 - Pub. L. 104-201, Secs. 3538, 3548(c)(2), amended section

catchline to read "Administration of certain disability benefits".

Subsec. (a). Pub. L. 104-201, Sec. 3538, added subsec. (a) and

struck out former subsec. (a) which read as follows: "The

Commission, under the regulations prescribed by the President

pursuant to the Act entitled 'An Act authorizing cash relief for

certain employees of the Panama Canal not coming within the

provisions of the Canal Zone Retirement Act', approved July 8,

1937, as amended (50 Stat. 478; 68 Stat. 17), may continue the

payments of cash relief to those individual former employees of the

Canal Zone Government or Panama Canal Company or their predecessor

agencies not coming within the scope of the former Canal Zone

Retirement Act whose services were terminated prior to October 5,

1958, because of unfitness for further useful service by reason of

mental or physical disability resulting from age or disease.

Subject to subsection (b) of this section, that cash relief may not

exceed $1.50 per month for each year of service of the employees so

furnished relief, with a maximum of $45 per month, plus the amount

of any cost-of-living increases in such cash relief granted before

October 1, 1979, pursuant to section 181 of title 2 of the Canal

Zone Code (as in effect on September 30, 1979), nor be paid to any

employee who, at the time of termination for disability prior to

October 5, 1958, had less than 10 years' service with the Canal

Zone Government, the Panama Canal Company, or their predecessor

agencies on the Isthmus of Panama."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 3620 of this title.

-End-

-CITE-

22 USC Sec. 3683 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart iv - retirement

-HEAD-

Sec. 3683. Repealed. Pub. L. 104-201, div. C, title XXXV, Sec.

3546(a)(6), Sept. 23, 1996, 110 Stat. 2868

-MISC1-

Section, Pub. L. 96-70, title I, Sec. 1246, Sept. 27, 1979, 93

Stat. 476; Pub. L. 100-203, title V, Sec. 5428(a), Dec. 22, 1987,

101 Stat. 1330-274, authorized Commission to purchase artificial

limbs or other appliances for persons who were injured in service

of Isthmian Canal Commission or of Panama Canal before Sept. 7,

1916.

-End-

-CITE-

22 USC subpart v - application to related personnel 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart v - application to related personnel

-HEAD-

SUBPART V - APPLICATION TO RELATED PERSONNEL

-End-

-CITE-

22 USC Sec. 3691 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart v - application to related personnel

-HEAD-

Sec. 3691. Individuals considered employees

-STATUTE-

(a) Individuals considered employees for purposes of certain

sections

For the purposes of sections 3646,(!1) 3671, and 3672 of this

title, including any amendment made by sections 1231, 1241, and

1242 of this Act, the United States Attorney for the District of

the Canal Zone and the Assistant United States Attorneys and their

clerical assistants, and the United States Marshal for the District

of the Canal Zone and his deputies and clerical assistants shall be

considered employees of the Commission.

(b) Individuals considered employees for certain purposes

For the purposes of this Act, including any amendment made by

this Act, the Executive Director of the Canal Zone Civilian

Personnel Policy Coordinating Board, the Manager, Central Examining

Office, and their staffs shall be considered to have been employees

of the Panama Canal Company with respect to service in those

positions before October 1, 1979, and as employees of the

Commission with respect to service in those positions on or after

that date.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1261(a), (b), Sept. 27, 1979, 93

Stat. 476.)

-REFTEXT-

REFERENCES IN TEXT

Section 3646 of this title, referred to in subsec. (a), was

repealed by Pub. L. 105-261, div. C, title XXXV, Sec. 3507(a), Oct.

17, 1998, 112 Stat. 2269.

Section 1231 of this Act, referred to in subsec. (a), amended

sections 5595, 5724a, and 8102 of Title 5, Government Organization

and Employees.

Section 1241 of this Act, referred to in subsec. (a), amended

section 8336 of Title 5 and enacted provisions set out as notes

thereunder.

Section 1242 of this Act, referred to in subsec. (a), amended

section 8339 of Title 5 and enacted provisions set out as notes

thereunder.

This Act, referred to in subsec. (b), is 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.

-MISC1-

EFFECTIVE DATE

Section 1261(c) of Pub. L. 96-70 provided that: "The provisions

of this section [enacting this section] shall take effect on the

date of the enactment of this Act [Sept. 27, 1979]."

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC subpart vi - labor-management relations 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart vi - labor-management relations

-HEAD-

SUBPART VI - LABOR-MANAGEMENT RELATIONS

-End-

-CITE-

22 USC Sec. 3701 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 2 - Employees

subpart vi - labor-management relations

-HEAD-

Sec. 3701. Labor-management relations

-STATUTE-

(a) Applicability of chapter 71 of title 5

Nothing in this chapter shall be construed to affect the

applicability of chapter 71 of title 5, relating to

labor-management and employee relations, with respect to the

Commission or the operations of any other Executive agency

conducted in that area of the Republic of Panama which, on

September 30, 1979, was the Canal Zone, except that in applying

those provisions -

(1) the definition of "employee" shall be applied without

regard to clause (i) of section 7103(a)(2) of such title 5 which

relates to nationality and citizenship;

(2) a unit shall be considered to be appropriate

notwithstanding the fact that it includes any supervisor if that

supervisor's position (or type of position) was, before October

1, 1979, represented before the Panama Canal Company by a labor

organization that included employees who were not supervisors;

and

(3) any negotiated grievance procedures under section 7121 of

title 5, including any provisions relating to binding

arbitration, shall, with respect to any personnel action to which

subchapter II of chapter 75 of such title applies (as determined

under section 7512 of such title), be available to the same

extent and in the same manner as if employees of the Panama Canal

Commission were not excluded from such subchapter under section

7511(b)(8) of such title.

(b) United States laws applicable

Labor-management and employee relations of the Commission, other

Executive agencies, and the Smithsonian Institution, their

employees, and organizations of those employees, in connection with

operations conducted in that area of the Republic of Panama which,

on September 30, 1979, was the Canal Zone, shall be governed and

regulated solely by the applicable laws, rules, and regulations of

the United States.

(c) Resolution of collective bargaining impasses

(1) This subsection applies to any matter that becomes the

subject of collective bargaining between the Commission and the

exclusive representative for any bargaining unit of employees of

the Commission during the period beginning on November 18, 1997,

and ending on the Canal Transfer Date.

(2)(A) The resolution of impasses resulting from collective

bargaining between the Commission and any such exclusive

representative during that period shall be conducted in accordance

with such procedures as may be mutually agreed upon between the

Commission and the exclusive representative (without regard to any

otherwise applicable provisions of chapter 71 of title 5). Such

mutually agreed upon procedures shall become effective upon

transmittal by the Chairman of the Supervisory Board of the

Commission to the Congress of notice of the agreement to use those

procedures and a description of those procedures.

(B) The Federal Services Impasses Panel shall not have

jurisdiction to resolve any impasse between the Commission and any

such exclusive representative in negotiations over a procedure for

resolving impasses.

(3) If the Commission and such an exclusive representative do not

reach an agreement concerning a procedure for resolving impasses

with respect to a bargaining unit and transmit notice of the

agreement under paragraph (2) on or before July 1, 1998, the

following shall be the procedure by which collective bargaining

impasses between the Commission and the exclusive representative

for that bargaining unit shall be resolved:

(A) If bargaining efforts do not result in an agreement, either

party may timely request the Federal Mediation and Conciliation

Service to assist in achieving an agreement.

(B) If an agreement is not reached within 45 days after the

date on which either party requests the assistance of the Federal

Mediation and Conciliation Service in writing (or within such

shorter period as may be mutually agreed upon by the parties),

the parties shall be considered to be at an impasse and the

Federal Mediation and Conciliation Service shall immediately

notify the Federal Services Impasses Panel of the Federal Labor

Relations Authority, which shall decide the impasse.

(C) If the Federal Services Impasses Panel fails to issue a

decision within 90 days after the date on which notice under

subparagraph (B) is received by the Panel (or within such shorter

period as may be mutually agreed upon by the parties), the

efforts of the Panel shall be terminated.

(D) In such a case, the Chairman of the Panel (or another

member in the absence of the Chairman) shall immediately

determine the matter by a drawing (conducted in such manner as

the Chairman (or, in the absence of the Chairman, such other

member) determines appropriate) between the last offer of the

Commission and the last offer of the exclusive representative,

with the offer chosen through such drawing becoming the binding

resolution of the matter.

(4) In the case of a notice of agreement described in paragraph

(2)(A) that is transmitted to the Congress as described in the

second sentence of that paragraph after July 1, 1998, the impasse

resolution procedures covered by that notice shall apply to any

impasse between the Commission and the other party to the agreement

that is unresolved on the date on which that notice is transmitted

to the Congress.

-SOURCE-

(Pub. L. 96-70, title I, Sec. 1271, Sept. 27, 1979, 93 Stat. 476;

Pub. L. 103-160, div. C, title XXXV, Sec. 3505, Nov. 30, 1993, 107

Stat. 1966; Pub. L. 105-85, div. C, title XXXV, Sec. 3527, Nov. 18,

1997, 111 Stat. 2068.)

-REFTEXT-

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.

-MISC1-

AMENDMENTS

1997 - Subsec. (c). Pub. L. 105-85 added subsec. (c).

1993 - Subsec. (a)(3). Pub. L. 103-160 added par. (3).

EFFECTIVE DATE OF 1993 AMENDMENT

Section 3506 of title XXXV of div. C of Pub. L. 103-160 provided

that:

"(a) In General. - Except as provided in subsection (b), this

title [amending this section and enacting provisions set out as a

note under section 3641 of this title] shall take effect as of

October 1, 1993.

"(b) Special Rule. - Paragraph (3) of section 1271(a) of the

Panama Canal Act of 1979 (22 U.S.C. 3701(a)), as added by section

3505(3), shall take effect on the date of the enactment of this Act

[Nov. 30, 1993] and shall apply with respect to grievances arising

on or after such date."

-End-

-CITE-

22 USC Part 3 - Funds and Accounts 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 3 - Funds and Accounts

-HEAD-

PART 3 - FUNDS AND ACCOUNTS

-End-

-CITE-

22 USC subpart i - funds 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 3 - Funds and Accounts

subpart i - funds

-HEAD-

SUBPART I - FUNDS

-End-

-CITE-

22 USC Sec. 3711 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 51 - PANAMA CANAL

SUBCHAPTER I - ADMINISTRATION AND REGULATIONS

Part 3 - Funds and Accounts

subpart i - funds

-HEAD-

Sec. 3711. Repealed. Pub. L. 104-201, div. C, title XXXV, Sec.

3546(a)(8), Sept. 23, 1996, 110 Stat. 2868

-MISC1-

Section, Pub. L. 96-70, title I, Sec. 1301, Sept. 27, 1979, 93

Stat. 477; Pub. L. 100-203, title V, Sec. 5428(e), Dec. 22, 1987,

101 Stat. 1330-274, directed that, on Oct. 1, 1979, unexpended

balances of Canal Zone Government appropriations accounts be

covered into general fund of Treasury, repealed any appropriations

to which expenditures under such accounts had been chargeable

before Oct. 1, 1979, and authorized Commission to pay claims or

make payments chargeable to such accounts.

-End-

-CITE-

22 USC Sec. 3712 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE