22 U.S.C. § 3642 — Appointment and compensation; duties

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. Page 1382 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3643 (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.) Editorial Notes AMENDMENTS 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 enact- ment’’ before ‘‘except’’ in introductory provisions to re- flect 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 provi- sions of title 5, relating to appointments in the com- petitive service, fix the compensation of, and define the authority and duties of, officers, agents, attorneys, and employees (other than the Administrator, Deputy Ad- ministrator, and Chief Engineer) necessary for the management, operation, and maintenance of the Pan- ama Canal and its complementary works, installations, and equipment. ‘‘(b) Individuals serving in any Executive agency (other than the Commission) or the Smithsonian Insti- tution, 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.’’ § 3643. Transfer of Federal employees (a) Authority to enter into agreements; reem- ployment rights The head of any agency may enter into agree- ments for the transfer or detail to the Commis- sion of any employee of that agency serving under a permanent appointment. Any employee who so transfers or is so detailed shall, upon completion of the employee’s tour of duty with the Commission, be entitled to reemployment with the agency from which the employee was transferred or detailed without loss of pay, se- niority, or other rights or benefits to which the employee would have been entitled had the em- ployee not been so transferred or been so de- tailed. (b) ‘‘Agency’’ defined For purposes of this section, the term ‘‘agen- cy’’ means an Executive agency, the United States Postal Service, and the Smithsonian In- stitution. (c) Regulations The Office of Personnel Management shall pre- scribe regulations to carry out the purposes of this section. (Pub. L. 96–70, title I, § 1203, Sept. 27, 1979, 93 Stat. 461.) § 3644. Compensation of individuals in uniformed services (a) Individual serving in a position in Commis- sion Except as provided in subsection (b) of this section, any individual who is serving in a posi- tion in the Commission and who is a member of a uniformed service shall continue to be paid basic pay by such uniformed service and shall not be paid by the Commission for the period of the service in the uniformed service involved. (b) Individual appointed as Administrator, Dep- uty Administrator, or Chief Engineer If the individual appointed as Administrator, Deputy Administrator, or Chief Engineer of the Commission is a member of a uniformed service, the amount of basic pay otherwise payable to the individual for service in that position shall be reduced, up to the amount of that basic pay, by the amount of the basic pay payable to the individual as a member of a uniformed service. (c) Reimbursement to uniformed service The Commission shall annually pay to each uniformed service amounts sufficient to reim- burse that uniformed service for any basic pay paid by that uniformed service to any member of that service during any period of service in the Commission by the member. (Pub. L. 96–70, title I, § 1204, Sept. 27, 1979, 93 Stat. 461.) § 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 Com- mission 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 Com- mission 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.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–106 substituted ‘‘fund’’ for ‘‘appro- priation’’. §§ 3646, 3647. Repealed. Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269 Section 3646, Pub. L. 96–70, title I, § 1206, Sept. 27, 1979, 93 Stat. 462, related to cost of living allowance.