22 U.S.C. § 3602 — Definitions

Page 1372 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3602 cle IV of the Panama Canal Treaty of 1977 is delegated to the Secretary of Defense. 1–104. The function vested in the President by Section 1701 of the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801), with respect to regulations applicable within the areas and installations made available to the United States pursuant to the Agreement in Imple- mentation of Article IV of the Panama Canal Treaty of 1977, is delegated to the Secretary of Defense. 1–105. The functions vested in the President by Sec- tions 1243(c)(1) and 2401 of the Panama Canal Act of 1979 (93 Stat. 474 and 495; 22 U.S.C. 3681(c)(1) and 3851) are delegated to the Secretary of Defense. 1–106. The functions vested in the President by Sec- tion 1502(a) of the Panama Canal Act of 1979 (93 Stat. 488; 22 U.S.C. 3782(a)) are delegated to the Secretary of Defense. 1–2. COORDINATION OF PAY AND EMPLOYMENT PRACTICES 1–201. In order to coordinate the policies and activi- ties of agencies under subchapter II of Chapter 2 of Title I of the Panama Canal Act of 1979 (93 Stat. 463; 22 U.S.C. 3651 et seq.), each agency shall periodically con- sult with the Secretary of Defense with respect to the establishment of rates of pay, in order to develop com- patible or unified systems for basic pay. In addition, each agency shall consult with the Secretary of De- fense on such other matters as the Secretary may deem appropriate in order to develop compatible or unified employment practices. 1–202. The head of each agency shall, upon approval by the Secretary of Defense, adopt a schedule of basic pay pursuant to Section 1215 of the Panama Canal Act of 1979 (93 Stat. 465; 22 U.S.C. 3655) and adopt regula- tions governing other matters relating to pay and em- ployment practices. 1–203. The authority vested in the President by Sec- tion 1223(a) of the Panama Canal Act of 1979 to coordi- nate the policies and activities of agencies (93 Stat. 467; 22 U.S.C. 3663(a)) is delegated to the Secretary of De- fense. The Secretary shall exercise such functions in a manner which is in accord with the provisions of Sec- tions 1–201 and 1–202 of this Order. 1–3. PANAMA CANAL COMMISSION 1–301. The functions vested in the President and dele- gated to the Secretary of Defense in this Section 1–3 of this Order shall be carried out by the Secretary of De- fense, who shall, in carrying out the said functions, provide, by redelegation or otherwise, for their per- formance, in a manner consistent with paragraph 3 of Article III of the Panama Canal Treaty of 1977, by the Panama Canal Commission. 1–302. The authority of the President under Section 1104 of the Panama Canal Act of 1979 (93 Stat. 457; 22 U.S.C. 3614) to fix the compensation of and to define the authorities and duties of the Deputy Administrator and the Chief Engineer is delegated to the Secretary of De- fense. 1–303. The functions vested in the President by Sec- tions 1418, 1801, and 2206 of the Panama Canal Act of 1979 (93 Stat. 487, 492, and 494; 22 U.S.C. 3778, 3811, and 3844) are delegated to the Secretary of Defense. 1–304. The authority of the President under Section 1701 of the Panama Canal Act of 1979 (93 Stat. 492; 22 U.S.C. 3801) with respect to regulations applicable with- in the areas and installations made available to the United States pursuant to the Agreement in Implemen- tation of Article III of the Panama Canal Treaty of 1977 is delegated to the Secretary of Defense. 1–305. The function vested in the President by Section 1281(b) of Title 6 of the Panama Canal Code (76A Stat. 455; 6 P.C.C. 1281(b)), as amended, with respect to areas and installations in the Republic of Panama made available to the United States pursuant to the Agree- ment in Implementation of Article III of the Panama Canal Treaty of 1977 is delegated to the Secretary of Defense. 1–306. The functions vested in the President by Sec- tions 82 and 86 of Title 3 of the Panama Canal Code (76A Stat. 54 and 55; 3 P.C.C. 82 and 86), as amended, are dele- gated to the Secretary of Defense. [1–307. Rescinded by Ex. Ord. No. 12652, Sept. 19, 1988, 53 F.R. 36775, eff. Jan. 1, 1989.] 1–308. Except to the extent heretofore delegated, the functions vested in the President pursuant to sub- chapter II of Chapter 2 of Title I of the Panama Canal Act of 1979 (93 Stat. 463) [22 U.S.C. 3651 et seq.] are here- by delegated to the Secretary of Defense. 1–4. OTHER AGENCIES 1–401. The functions vested in the President by Sec- tions 1111 and 3301 of the Panama Canal Act of 1979 (93 Stat. 459 and 497; 22 U.S.C. 3621 and 3871), are delegated to the Secretary of State. The Secretary shall perform these functions in coordination with the Secretary of Defense. 1–402. The functions vested in the President by Sec- tions 1112(d), 1344(b), and 1504(b) of the Panama Canal Act of 1979 (93 Stat. 460, 484, and 488; 22 U.S.C. 3622(d), 3754(b), and 3784(b)) are delegated to the Secretary of State. 1–403. The functions vested in the President by Sec- tion 1243(a)(1) of the Panama Canal Act of 1979 (93 Stat. 473; 22 U.S.C. 3681(a)(1)) are delegated to the Director of the Office of Personnel Management. 1–404. Paragraphs (22) and (23) of Section 1 of Execu- tive Order No. 11609, as amended [set out as a note under section 301 of Title 3, The President], and Execu- tive Order No. 11713 are revoked. JIMMY CARTER. § 3602. Definitions (a) References to Panama Canal Treaty of 1977 and related agreements For purposes of this chapter— (1) references to the Panama Canal Treaty of 1977 refer to the Panama Canal Treaty be- tween the United States of America and the Republic of Panama, signed September 7, 1977; and (2) references to the Panama Canal Treaty of 1977 and related agreements refer to the Pan- ama Canal Treaty of 1977, the agreements re- lating to and implementing that Treaty, signed September 7, 1977, and the Agreement Between the United States of America and the Republic of Panama Concerning Air Traffic Control and Related Services, concluded Janu- ary 8, 1979. (b) Definitions Subject to the provisions of subsection (c) of this section, for purposes of applying laws of the United States and regulations issued pursuant to such laws with respect to transactions, occur- rences, or status on or after October 1, 1979— (1) ‘‘Canal Zone’’ shall be deemed to refer to the areas and installations in the Republic of Panama made available to the United States pursuant to the Panama Canal Treaty of 1977 and related agreements; (2) ‘‘Canal Zone waters’’ and ‘‘waters of the Canal Zone’’ shall be deemed to refer to ‘‘Pan- ama Canal waters’’ and ‘‘waters of the Panama Canal’’, respectively; (3) ‘‘Government of the Canal Zone’’ or ‘‘Canal Zone Government’’ shall be deemed to refer to the United States of America; (4) ‘‘Governor of the Canal Zone’’ or ‘‘Gov- ernor’’, wherever the reference is to the Gov- ernor of the Canal Zone, shall be deemed to refer to the Panama Canal Commission; and Page 1373 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3611 (5) ‘‘Panama Canal Company’’ or ‘‘Com- pany’’, wherever the reference is to the Pan- ama Canal Company, shall be deemed to refer to the Panama Canal Commission. (c) Applicability of subsection (b) Any reference set forth in subsection (b) of this section shall apply except as otherwise pro- vided in this chapter or unless (1) such reference is inconsistent with the provisions of this chap- ter, (2) in the context in which a term is used such reference is clearly not intended, or (3) a term refers to a time before October 1, 1979. (d) Definitions relating to Canal transition For purposes of this chapter: (1) The term ‘‘Canal Transfer Date’’ means December 31, 1999, such date being the date specified in the Panama Canal Treaty of 1977 for the transfer of the Panama Canal from the United States of America to the Republic of Panama. (2) The term ‘‘Panama Canal Authority’’ means the entity created by the Republic of Panama to succeed the Panama Canal Com- mission as of the Canal Transfer Date. (Pub. L. 96–70, § 3, Sept. 27, 1979, 93 Stat. 455; Pub. L. 104–201, div. C, title XXXV, §§ 3522, 3548(c)(1), Sept. 23, 1996, 110 Stat. 2860, 2869; Pub. L. 105–85, div. C, title XXXV, §§ 3512, 3550(d)(1), (2)(A), Nov. 18, 1997, 111 Stat. 2063, 2074.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (a), (c), and (d), 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 chap- ter. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. AMENDMENTS 1997—Subsec. (b). Pub. L. 105–85, § 3550(d)(2)(A), sub- stituted ‘‘October 1, 1979’’ for ‘‘the effective date of this Act’’. Pub. L. 105–85, § 3550(d)(1), substituted ‘‘laws of the United States and regulations issued pursuant to such laws’’ for ‘‘the Canal Zone Code or other laws of the United States and regulations issued pursuant to such Code or other laws’’ in introductory provisions. Subsec. (c). Pub. L. 105–85, § 3550(d)(2)(A), substituted ‘‘October 1, 1979’’ for ‘‘the effective date of this Act’’. Subsec. (d). Pub. L. 105–85, § 3512, added subsec. (d). 1996—Pub. L. 104–201, § 3548(c)(1), struck out ‘‘and rec- ommendation for legislation’’ after ‘‘Definitions’’ in section catchline. Subsec. (b)(4) to (7). Pub. L. 104–201, § 3522(1), inserted ‘‘and’’ at end of par. (4), substituted a period for semi- colon at end of par. (5), and struck out pars. (6) and (7) which read as follows: ‘‘(6) in chapter 57 of title 5 of the Canal Zone Code, ‘hospitals’ and ‘Health Bureau’ shall be deemed to refer, respectively, to the hospitals operated by the United States in the Republic of Panama, and to the organizational unit operating such hospitals; and ‘‘(7) in chapter 57 of title 5 of the Canal Zone Code, in section 4784 of title 6 of such Code, and in section 2 of title 7 of such Code, ‘health director’ shall be deemed to refer to the senior official in charge of the hospitals op- erated by the United States in the Republic of Pan- ama.’’ Subsec. (d). Pub. L. 104–201, § 3522(2), struck out sub- sec. (d) which read as follows: ‘‘The President shall, within two years after October 1, 1979, submit to the Congress a request for legislation which would— ‘‘(1) amend or repeal provisions of law which in their present form are applicable only during the transition period prescribed in Article XI of that Treaty, ‘‘(2) repeal the Canal Zone Code, and ‘‘(3) contain provisions considered necessary and appropriate in light of the experience as of that time under that Treaty.’’ Statutory Notes and Related Subsidiaries REFERENCES TO CANAL ZONE CODE DEEMED REFERENCES TO PANAMA CANAL CODE Pub. L. 96–70, title III, § 3303(b), Sept. 27, 1979, 93 Stat. 499, provided that: ‘‘Those provisions of the Canal Zone Code not repealed by this Act are redesignated as the ‘Panama Canal Code’. Any reference to the Canal Zone Code in those laws and regulations referred to in sec- tion 3(b) of this Act [subsec. (b) of this section] shall, subject to the provisions of such section, be deemed to refer to the [former] Panama Canal Code.’’ SUBCHAPTER I—ADMINISTRATION AND REGULATIONS PART 1—PANAMA CANAL COMMISSION § 3611. Establishment, purposes, offices, and resi- dence of Commission (a) For the purposes of managing, operating, and maintaining the Panama Canal and its com- plementary 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 exer- cised 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 Commis- sion may establish branch offices in such other places as it considers necessary or appropriate for the conduct of its business. Within the mean- ing of the laws of the United States relating to venue in civil actions, the Commission is an in- habitant and resident of the District of Colum- bia and the eastern judicial district of Lou- isiana. (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.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), 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—Pub. L. 104–106 amended section generally. Prior to amendment, section read as follows: ‘‘There is estab-