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22 U.S.C. § 3712 — Labor-management relations
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7121&num=0&edition=prelim), 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,
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Stable record: federal_law:legal_authorities:record_usc_468c4828e85bdb9d924e6669
Source file: Laws/federal/codes/united-states-code/title-22/section-3712-labor-management-relations--839d3425b7.md
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Passage SHA-256: 40b7661b276ef5db2f8f7d78f673d5c2af5236a4b387510182981bf58ad1d655
Source location: Title 22, Chapter 51, § 3712; chapter-051-panama-canal.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7121&num=0&edition=prelim), 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section7352&num=0&edition=prelim);
(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) 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** The Commission shall investigate any allegations regarding
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3641
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Federal law — U.S. Code and appendices · legal_authorities
The Panama Canal Commission shall provide written advance notification to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Armed Services of the Senate regarding—
(1) any proposed change in the rates of tolls for use of the Panama Canal;
(2) any payment estimated to be due the Republic of Panama under paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977, as provided by [section 3751 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3751&num=0&edition=prelim); and
(3) the initiation of any major capital acquisition or construction project exceeding $10,000,000 unless the proposed acquisition or project was included in the budget estimates submitted to Congress for the fiscal year in which the acquisition or project is to be undertaken.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3601
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Federal law — U.S. Code and appendices · legal_authorities
**(a)**
(1) Except as provided in paragraph (2) of this subsection, any collective bargaining agreement shall provide procedures for the settlement of grievances, including questions of arbitrability. Except as provided in subsections (d), (e), and (g) of this section, the procedures shall be the exclusive administrative procedures for resolving grievances which fall within its coverage.
(2) Any collective bargaining agreement may exclude any matter from the application of the grievance procedures which are provided for in the agreement.
**(b)**
(1) Any negotiated grievance procedure referred to in subsection (a) of this section shall—
(A) be fair and simple,
(B) provide for expeditious processing, and
(C) include procedures that—
(i) assure an exclusive representative the right, in its own behalf or on behalf of any employee in the unit represented by the exclusive representative, to present and process grievances;
(ii) assure such an employee the right to present a grievance on the employee’s own behalf, and assure the exclusive representative the right to be present during the grievance proceeding; and
(iii) provide that any grievance not satisfactorily settled under the negotiated grievance procedure shall be subject to binding arbitration which may be invoked by either the exclusive representative or the agency.
(2)
(A) The provisions of a negotiated grievance procedure providing for binding arbitration in accordance with paragraph (1)(C)(iii) shall, if or to the extent that an alleged prohibited personnel practice is involved, allow the arbitrator to order—
(i) a stay of any personnel action in a manner similar to the manner described in section 1221(c) with respect to the Merit Systems Protection Board; and
(ii) the takin
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 7121
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Federal law — U.S. Code and appendices · legal_authorities
If authorizing legislation described in [section 3712(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3712/b/1&num=0&edition=prelim) has not been enacted for a fiscal year, then the Commission may withdraw funds from the Panama Canal Revolving Fund in order to defray emergency expenses and to ensure the continuous, efficient, and safe operation of the Panama Canal, including expenses for capital projects. The authority of this section may be exercised only until authorizing legislation described in [section 3712(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3712/b/1&num=0&edition=prelim) is enacted, or for a period of 24 months after the end of the fiscal year for which such authorizing legislation was last enacted, whichever occurs first. Within 60 days after the end of any calendar quarter in which expenditures are made under this section, the Commission shall report such expenditures to the appropriate committees of the Congress.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3714a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Limitation on amount; issuance of notes and other obligations** The Panama Canal Commission may borrow from the Treasury, for any of the purposes of the Commission, not more than $100,000,000 outstanding at any time. For this purpose, the Commission may issue to the Secretary of the Treasury its notes or other obligations—
(1) which shall have maturities (of not later than December 31, 1999) agreed upon by the Commission and the Secretary of the Treasury, and
(2) which may be redeemable at the option of the Commission before maturity.
**(b) Restrictions on use** Amounts borrowed under this section shall not be available for payments to Panama under Article XIII of the Panama Canal Treaty of 1977.
**(c) Effect on investment interest in Panama Canal** Amounts borrowed under this section shall increase the investment of the United States in the Panama Canal, and repayment of such amounts shall decrease such investment.
**(d) Report to Congress** The Commission shall report to the Congress and to the Office of Management and Budget on each exercise of borrowing authority under this section.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3714b
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Payments required under Panama Canal Treaty; annual audit** The Commission shall pay to the Republic of Panama those payments required under paragraph 5 of Article III and paragraph 4 of Article XIII of the Panama Canal Treaty of 1977. Payments made under paragraph 5 of Article III of such Treaty shall be audited annually by the Comptroller General and any overpayment, as determined in accordance with Understanding (1) incorporated in the Resolution of Ratification of the Panama Canal Treaty (adopted by the United States Senate on April 18, 1978), for the services described in that paragraph which are provided shall be refunded by the Republic of Panama or set off against amounts payable by the United States to the Republic of Panama under paragraph 5 of Article III of the Panama Canal Treaty of 1977.
**(b) Excess operating revenues** In determining whether operating revenues exceed expenditures for the purpose of payments to the Republic of Panama under paragraph 4(c) of Article XIII of the Panama Canal Treaty of 1977, such operating revenues in a fiscal period shall be reduced by (1) all costs of such period as shown by the accounts established pursuant to [section 3721 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3721&num=0&edition=prelim), and (2) the cumulative sum from prior years (beginning with the year in which the Panama Canal Treaty of 1977 enters into force) of any excess of costs of the Panama Canal Commission over operating revenues.
**(c) Retroactive taxation** The President shall not accede to any interpretation of paragraph 1 of Article IX of the Panama Canal Treaty of 1977 which would permit the Republic of Panama to tax retroactively organizations and businesses operating, and citizens of the Unite
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3753
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Federal law — U.S. Code and appendices · legal_authorities
If an emergency arises because of disaster or calamity by flood, hurricane, earthquake, fire, pestilence, or like cause, not foreseen or otherwise provided for, and occurring in the Republic of Panama in such circumstances as to constitute an actual or potential hazard to health, safety, security, or property in the areas and installations made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements, the Commission may expend funds available to the Commission for such purpose, and utilize or furnish materials, supplies, equipment, and services for relief, assistance, and protection.
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3761
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The Congress enacts this section in the exercise of its authority under Article IV, section 3, clause 2 of the Constitution of the United States to dispose of and make necessary rules and regulations with respect to property of the United States.
**(b)** Prior to the transfer of property of the United States located in the Republic of Panama to the Republic of Panama pursuant to [section 3784 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3784&num=0&edition=prelim) the President shall formally advise the Government of Panama that—
(1) in fulfilling its obligations under the Panama Canal Treaty of 1977, the United States shall make no payments to the Republic of Panama derived from tax revenues of the United States;
(2) the United States retains full discretion and authority to determine whether and the extent to which tax revenues of the United States may be expended in exercising United States rights and carrying out United States responsibilities under the Panama Canal Treaty of 1977 and related agreements;
(3) no tax revenues of the United States shall be made available for obligations and expenditure after October 1, 1979, for purposes of implementing the Panama Canal Treaty of 1977 and related agreements, unless hereafter specifically approved by the Congress through the authorization and appropriation process;
(4) the total amount expended by the Commission from funds available for the use of the Commission shall not exceed the total amount deposited in the Panama Canal Revolving Fund; and
(5) the foregoing paragraphs of this subsection do not apply to expenditures made by the United States in fulfilling United States obligations to transfer the remains of our honored dead from Mount Hope Cemetery in the fo
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3771
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Tolls based on net vessel tons and on displacement tonnage** Tolls on merchant vessels, army and navy transports, colliers, tankers, hospital ships, and supply ships shall be based on net vessel tons of one hundred cubic feet each of actual earning capacity, or its equivalent, determined in accordance with the rules for the measurement of vessels for the Panama Canal, and tolls on other floating craft shall be based on displacement tonnage. The tolls on vessels in ballast without passengers or cargo may be less than the tolls for vessels with passengers or cargo. Tolls for small vessels (including yachts), as defined by the Commission, may be set at rates determined by the Commission without regard to the preceding provisions of this subsection.
**(b) Toll rates prescribed to cover all costs of operation and maintenance of Panama Canal** Tolls shall be prescribed at rates calculated to produce revenues to cover as nearly as practicable all costs of maintaining and operating the Panama Canal (including costs authorized to be paid from the Panama Canal Dissolution Fund under [section 3714a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section3714a/c&num=0&edition=prelim)), together with the facilities and appurtenances related thereto, including unrecovered costs incurred on or after October 1, 1979, interest, depreciation, working capital, payments to the Republic of Panama pursuant to paragraph 5 of Article III and paragraph 4(a) and (b) of Article XIII of the Panama Canal Treaty of 1977, and capital for plant replacement, expansion, and improvements. Tolls shall not be prescribed at rates calculated to produce revenues sufficient to cover payments to the Republic of Panama pursuant to paragraph 4(c) of Article XIII of the
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3794
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Calculation of interest** For purposes of sections 3721 and 3792 of this title, interest shall be computed, at a rate determined by the Secretary of the Treasury, on the investment of the United States in the Panama Canal as shown in the accounts of the Panama Canal Company at the close of business on the day preceding October 1, 1979, and as adjusted in accordance with subsections (b) and (c) of this section. Capital investment for interest purposes shall not include any interest during construction.
**(b) Increases and decreases in investment of United States** The investment of the United States described in subsection (a) of this section—
(1) shall be increased by—
(A) the amount of expenditures from the Panama Canal Revolving Fund,,11 So in original. and
(B) the value of property transferred to the Commission by any other department or agency of the United States, as determined in accordance with subsection (c) of this section; and
(2) shall be decreased by—
(A) the amount of the funds deposited in the Panama Canal Revolving Fund,
(B) the value of property transferred to the Republic of Panama pursuant to this chapter or any other Act on or after October 1, 1979, and
(C) the value of property transferred by the Commission to any other department or agency of the United States.
**(c) Value of property transferred to Commission** The value of property transferred to the Commission by any other department or agency of the United States shall be determined by the Director of the Office of Management and Budget. In computing such value, such Director shall give due consideration to the cost and probable earning power of the transferred property, or the usable value to the Commission if clearly less than cost, and shall make adequate provisions f
Source: Supplied U.S. Code snapshot — release unconfirmed · 22 U.S.C. § 3795
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