22 USC Ch. 51: Front Matter
From Title 22-FOREIGN RELATIONS AND INTERCOURSECHAPTER 51-PANAMA CANAL
CHAPTER 51-PANAMA CANAL
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.