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: Editorial Notes
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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.”
heading: Executive Documents
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.
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: Editorial Notes
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: Executive Documents
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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. § 3645 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3645. Deduction from basic pay of amounts due for supplies or services
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.
(Pub. L. 96–70, title I, § 1205, Sept. 27, 1979, 93 Stat. 462; Pub. L. 104–106, div. C, title XXXV, § 3529(1), Feb. 10, 1996, 110 Stat. 641.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–106 substituted “fund” for “appropriation”.
(FOREIGN RELATIONS AND INTERCOURSE)
§§ 3646, 3647. Repealed. Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269
text: Section 3646, Pub. L. 96–70, title I, § 1206, Sept. 27, 1979, 93 Stat. 462, related to cost of living allowance.
text: Section 3647, Pub. L. 96–70, title I, § 1207, Sept. 27, 1979, 93 Stat. 462; Pub. L. 99–223, § 5(a), Dec. 28, 1985, 99 Stat. 1739, related to educational travel benefits.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Pub. L. 105–261, div. C, title XXXV, § 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.
22 U.S.C. § 3649 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3649. Applicability of certain benefits
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.
(Pub. L. 96–70, title I, § 1209, Sept. 27, 1979, 93 Stat. 463; Pub. L. 104–201, div. C, title XXXV, § 3527, Sept. 23, 1996, 110 Stat. 2861.)
heading: Editorial Notes
heading: Amendments
text: 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.
22 U.S.C. § 3651 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3651. Definitions
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.
(Pub. L. 96–70, title I, § 1211, Sept. 27, 1979, 93 Stat. 463; Pub. L. 104–201, div. C, title XXXV, §§ 3529, 3548(b)(1), Sept. 23, 1996, 110 Stat. 2862, 2869.)
heading: Editorial Notes
heading: Amendments
text: 1996—Par. (1)(B). Pub. L. 104–201, § 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, § 3529. See below.
Pub. L. 104–201, § 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;”.
22 U.S.C. § 3653 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3653. Employment standards
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.
(Pub. L. 96–70, title I, § 1213, Sept. 27, 1979, 93 Stat. 464; Pub. L. 104–201, div. C, title XXXV, § 3531, Sept. 23, 1996, 110 Stat. 2863.)
heading: Editorial Notes
heading: Amendments
text: 1996—Pub. L. 104–201 substituted “The Commission” for “The head of each agency” in introductory provisions.
heading: Executive Documents
heading: Coordination of Pay and Employment Practices
text: 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.
22 U.S.C. § 3656 (FOREIGN RELATIONS AND INTERCOURSE)
§ 3656. Uniform application of standards and rates
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.
(Pub. L. 96–70, title I, § 1216, Sept. 27, 1979, 93 Stat. 465; Pub. L. 105–85, div. C, title XXXV, § 3523(c)(1), Nov. 18, 1997, 111 Stat. 2065.)
heading: Editorial Notes
heading: Amendments
text: 1997—Pub. L. 105–85 substituted “section 3642” for “section 3655”.