Collapse to view only § 3614. Deputy Administrator
- § 3611. Establishment, purposes, offices, and residence of Commission
- § 3612. Supervisory Board
- § 3612a. General powers of Commission
- § 3612b. Specific powers of Commission
- § 3613. Administrator
- § 3614. Deputy Administrator
- § 3615. Consultative Committee
- § 3616. Joint Commission on the Environment
- § 3617. Travel expenses
- § 3618. Defense of Panama Canal
- § 3619. Joint sea level canal study
- § 3620. Authority of Ambassador; independence of Commission regarding its Panama Canal responsibilities
- § 3621. Security legislation
- § 3622. Code of conduct for Commission personnel
- § 3623. Office of Ombudsman
§ 3611. Establishment, purposes, offices, and residence of Commission
(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.
(Pub. L. 96–70, title I, § 1101, Sept. 27, 1979, 93 Stat. 456; Pub. L. 104–106, div. C, title XXXV, § 3522(a), Feb. 10, 1996, 110 Stat. 638.)
§ 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
(Pub. L. 96–70, title I, § 1102, Sept. 27, 1979, 93 Stat. 456; Pub. L. 98–217, Feb. 14, 1984, 98 Stat. 9; Pub. L. 99–223, § 6, Dec. 28, 1985, 99 Stat. 1740; Pub. L. 100–203, title V, § 5416, Dec. 22, 1987, 101 Stat. 1330–270; Pub. L. 100–705, § 7, Nov. 19, 1988, 102 Stat. 4686; Pub. L. 101–510, div. C, title XXXV, § 3504, Nov. 5, 1990, 104 Stat. 1846; Pub. L. 104–106, div. C, title XXXV, § 3523, Feb. 10, 1996, 110 Stat. 638; Pub. L. 105–261, div. C, title XXXV, § 3511(a), Oct. 17, 1998, 112 Stat. 2270.)
§ 3612a. General powers of Commission
(a) Corporate seal
(b) Bylaws
(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
1 See References in Text note below.
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
(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
(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
(Pub. L. 96–70, title I, § 1102a, 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, §§ 3546, 3550(d)(3), Nov. 18, 1997, 111 Stat. 2073, 2074.)
§ 3612b. Specific powers of Commission
(a) Panama Canal management, operation, and maintenance
(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
(d) Necessary or appropriate actions
(e) Commercial activities
(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.)
§ 3613. Administrator
(a) Appointment
(b) Compensation
(c) Authority for dual role
(d) Waiver of ethics and reporting requirementsIf 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 13143(a) and 13144(a)(4) of title 5, 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.
(Pub. L. 96–70, title I, § 1103, Sept. 27, 1979, 93 Stat. 457; Pub. L. 104–201, div. C, title XXXV, § 3523(a), Sept. 23, 1996, 110 Stat. 2860; Pub. L. 105–85, div. C, title XXXV, § 3521, Nov. 18, 1997, 111 Stat. 2063; Pub. L. 117–286, § 4(c)(30), Dec. 27, 2022, 136 Stat. 4357.)
§ 3614. Deputy Administrator
(a) Appointment and duties
(b) Compensation
(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.)
§ 3615. Consultative Committee
(a) Designation and coordination
(b) Functions
(Pub. L. 96–70, title I, § 1105, Sept. 27, 1979, 93 Stat. 457.)
§ 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
(Pub. L. 96–70, title I, § 1106, Sept. 27, 1979, 93 Stat. 457.)
§ 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.)
§ 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.)
§ 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
(Pub. L. 96–70, title I, § 1109, Sept. 27, 1979, 93 Stat. 459.)
§ 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
(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.)
§ 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.)
§ 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; contentsNot 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;
section 1343, 1344, and 1349(b) of title 31;
(5) chapter 131 of title 5; 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
(d) Measures to insure compliance with code of conduct
(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 1
1 See Change of Name note below.
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).
(Pub. L. 96–70, title I, § 1112, Sept. 27, 1979, 93 Stat. 459; Pub. L. 105–85, div. C, title XXXV, §§ 3522, 3550(d)(2)(A), Nov. 18, 1997, 111 Stat. 2064, 2074; Pub. L. 117–286, § 4(c)(31), Dec. 27, 2022, 136 Stat. 4358.)
§ 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
(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.)