dreamproit/uscode huggingface dataset:
22 U.S.C. § 3612b (FOREIGN RELATIONS AND INTERCOURSE)
§ 3612b. Specific powers of Commission
(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.
(Pub. L. 96–70, title I, § 1102b, as added Pub. L. 104–106, div. C, title XXXV, § 3524(a), Feb. 10, 1996, 110 Stat. 639; amended Pub. L. 105–85, div. C, title XXXV, § 3547, Nov. 18, 1997, 111 Stat. 2073; Pub. L. 105–261, div. C, title XXXV, § 3505, Oct. 17, 1998, 112 Stat. 2268.)
heading: References in Text
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.
heading: Amendments
text: 1998—Subsec. (f). Pub. L. 105–261 added subsec. (f).
1997—Subsec. (e). Pub. L. 105–85 added subsec. (e).
22 U.S.C. § 3614 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3614. Deputy Administrator
(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.
(Pub. L. 96–70, title I, § 1104, Sept. 27, 1979, 93 Stat. 457; Pub. L. 101–510, div. C, title XXXV, § 3505, Nov. 5, 1990, 104 Stat. 1846; Pub. L. 104–201, div. C, title XXXV, § 3524(a), Sept. 23, 1996, 110 Stat. 2860.)
heading: References in Text
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.
heading: Amendments
text: 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”.
heading: Delegation of Functions
text: 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.
heading: Savings Provision
text: Pub. L. 104–201, div. C, title XXXV, § 3524(b), Sept. 23, 1996, 110 Stat. 2861, 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.”
22 U.S.C. § 3615 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3615. Consultative Committee
(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.
(Pub. L. 96–70, title I, § 1105, Sept. 27, 1979, 93 Stat. 457.)
22 U.S.C. § 3616 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3616. Joint Commission on the Environment
(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.
(Pub. L. 96–70, title I, § 1106, Sept. 27, 1979, 93 Stat. 457.)
22 U.S.C. § 3617 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3617. Travel expenses
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.
(Pub. L. 96–70, title I, § 1107, Sept. 27, 1979, 93 Stat. 458.)
22 U.S.C. § 3618 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3618. Defense of Panama Canal
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.
(Pub. L. 96–70, title I, § 1108, Sept. 27, 1979, 93 Stat. 458.)
22 U.S.C. § 3619 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3619. Joint sea level canal study
(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.
(Pub. L. 96–70, title I, § 1109, Sept. 27, 1979, 93 Stat. 459.)
22 U.S.C. § 3620 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3620. Authority of Ambassador; independence of Commission regarding its Panama Canal responsibilities
(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.
(Pub. L. 96–70, title I, § 1110, Sept. 27, 1979, 93 Stat. 459; Pub. L. 105–85, div. C, title XXXV, § 3550(d)(4), Nov. 18, 1997, 111 Stat. 2074; Pub. L. 105–261, div. C, title XXXV, § 3506, Oct. 17, 1998, 112 Stat. 2269.)
heading: References in Text
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.
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–261 added subsec. (c).
1997—Subsec. (b)(2). Pub. L. 105–85 substituted “section 3927” for “section 2680a”.
22 U.S.C. § 3621 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3621. Security legislation
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.
(Pub. L. 96–70, title I, § 1111, Sept. 27, 1979, 93 Stat. 459.)
heading: Delegation of Functions
text: 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.
22 U.S.C. § 3623 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3623. Office of Ombudsman
(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.
(Pub. L. 96–70, title I, § 1113, Sept. 27, 1979, 93 Stat. 460; Pub. L. 104–201, div. C, title XXXV, § 3525, Sept. 23, 1996, 110 Stat. 2861.)
heading: References in Text
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.
heading: Amendments
text: 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.”
22 U.S.C. § 3641 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3641. Definitions
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.
(Pub. L. 96–70, title I, § 1201, Sept. 27, 1979, 93 Stat. 461.)
heading: Employment of Commission Employees by Government of Panama
text: Pub. L. 103–160, div. C, title XXXV, § 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.”
22 U.S.C. § 3642 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3642. Appointment and compensation; duties
(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.
(Pub. L. 96–70, title I, § 1202, Sept. 27, 1979, 93 Stat. 461; Pub. L. 104–201, div. C, title XXXV, § 3526, Sept. 23, 1996, 110 Stat. 2861; Pub. L. 105–85, div. C, title XXXV, § 3523(b), Nov. 18, 1997, 111 Stat. 2065; Pub. L. 105–261, div. C, title XXXV, § 3512(a)(1), Oct. 17, 1998, 112 Stat. 2271.)
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–261, § 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, § 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.”
22 U.S.C. § 3643 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3643. Transfer of Federal employees
(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.
(Pub. L. 96–70, title I, § 1203, Sept. 27, 1979, 93 Stat. 461.)