Legislación
US (United States) Code. Title 22. Chapter 51: Panama Canal
-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
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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
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |