22 U.S.C. § 3622 — Code of conduct for Commission per-

Page 1380 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3622 1 See Change of Name note below. Executive Documents DELEGATION OF FUNCTIONS Functions vested in President by this section dele- gated 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. § 3622. Code of conduct for Commission per- sonnel (a) Oath; compliance with laws of United States regarding duties and responsibilities of Fed- eral employees Before assuming the duties of his office or em- ployment, 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 employ- ment. All employees of the Commission shall be subject to the laws of the United States regard- ing duties and responsibilities of Federal em- ployees. (b) Adoption of code of conduct; time limit; con- tents Not later than 60 days after all the members of the Board of the Commission have been ap- pointed, the Board shall adopt a code of conduct applicable to the persons referred to in sub- section (a) of this section. The code of conduct shall contain provisions substantially equiva- lent 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, re- lating to bribery, graft, or conflicts of inter- est, as appropriate to the employees con- cerned; (2) section 7352 of title 5; (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 regula- tions 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 vio- lations; recommendations for suspension The Commission shall investigate any allega- tions regarding the violation of the code of con- duct adopted pursuant to subsection (b) of this section. The Commission may recommend that the President suspend from the performance of his duties any member of the Board of the Com- mission or any officer or employee of the Com- mission, pending judicial proceedings by appro- priate authorities concerning such allegations. (d) Measures to insure compliance with code of conduct The President shall negotiate suitable ar- rangements with the Republic of Panama where- by each nation shall agree to take all measures within its legal authority to assure that mem- bers of the Board of the Commission comply with the code of conduct established pursuant to subsection (b) of this section. Without prejudice to such jurisdiction as the United States may have with respect to members of the Board, the provisions of law enumerated in subsection (b) of this section shall be enforced with respect to members of the Board only in accordance with such arrangements. (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 em- ployee of the Panama Canal Authority. (2) For purposes of paragraph (1), a covered in- dividual is an officer or employee of the Panama Canal Authority who was an officer or employee of the Commission (other than the Adminis- trator) and whose employment with the Com- mission terminated at noon on the Canal Trans- fer 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 per- sons accepting civil employment (and compensa- tion 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 emolu- ments, offices, or titles from a foreign govern- ment: (A) Retired members of the uniformed serv- ices. (B) Members of a reserve component of the armed forces. (C) Members of the Commissioned Reserve Corps 1 of the Public Health Service. (2) The consent of the Congress under para- graph (1) is effective without regard to sub- section (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.) Editorial Notes CODIFICATION In subsec. (b)(4), ‘‘sections 1343, 1344, and 1349(b) of title 31’’ substituted for ‘‘section 5 of the Act of July 16, 1914 (31 U.S.C. 638a), as amended’’ on authority of Pub. L. 97–258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first sec- tion of which enacted Title 31, Money and Finance. AMENDMENTS 2022—Subsec. (b)(5). Pub. L. 117–286 substituted ‘‘chap- ter 131 of title 5;’’ for ‘‘the Ethics in Government Act of 1978 (92 Stat. 1824), as amended;’’. 1997—Subsec. (b). Pub. L. 105–85, § 3550(d)(2)(A), sub- stituted ‘‘October 1, 1979’’ for ‘‘the effective date of this Act’’. Subsecs. (e), (f). Pub. L. 105–85, § 3522, added subsecs. (e) and (f). Page 1381 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3642 Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Reserve Corps of the Public Health Serv- ice deemed to be a reference to the Ready Reserve Corps, see section 204(c)(3) of Title 42, The Public Health and Welfare. Executive Documents DELEGATION OF FUNCTIONS Functions vested in President by subsec. (d) of this section delegated to Secretary of State, see section 1–402 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36044, set out as a note under section 3601 of this title. § 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 Om- budsman, who shall be appointed by the Com- mission. It shall be the function of the Office of Ombudsman to receive individual complaints, grievances, requests, and suggestions of employ- ees (and their dependents) of the Commission and other departments and agencies of the United States, including the Smithsonian Insti- tution, conducting operations before October 1, 1979, in the area then comprising the Canal Zone concerning administrative problems, inefficien- cies, and conflicts caused within departments and agencies of the United States, including the Smithsonian Institution, as a result of the im- plementation of the Panama Canal Treaty of 1977 and related agreements. (b) Authority to make findings, render assist- ance, and offer recommendations The Ombudsman shall make findings and render assistance with respect to the com- plaints, 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 chap- ter, 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.) Editorial Notes REFERENCES IN 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. AMENDMENTS 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 cit- izen of the United States.’’ PART 2—EMPLOYEES SUBPART I—PANAMA CANAL COMMISSION PERSONNEL § 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 geo- graphic 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.) Statutory Notes and Related Subsidiaries EMPLOYMENT OF COMMISSION EMPLOYEES BY GOVERNMENT OF PANAMA Pub. L. 103–160, div. C, title XXXV, § 3504, Nov. 30, 1993, 107 Stat. 1965, as amended by Pub. L. 117–286, § 4(c)(32), Dec. 27, 2022, 136 Stat. 4358, 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 Pan- ama (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, of- fice, or title from a foreign State. ‘‘(b) CONDITION.—Employees described in subsection (a) may accept employment described in such sub- section (and compensation for that employment) only if the employment is approved by the designated agen- cy ethics official of the Panama Canal Commission des- ignated pursuant to chapter 131 of title 5, United States Code, and by the Administrator of the Panama Canal Commission.’’ § 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 employ- ees (other than the Administrator and Deputy Administrator) necessary for the management, operation, and maintenance of the Panama Canal and its complementary works, installa- tions, 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 uni- formed services, may, if appointed under this section or section 3614 of this title, serve as offi- cers or employees of the Commission.