USC Subpart II

USC Subpart II
in effect

22 U.S.C. § 3651 Definitions

As used in this subpart— (1) “agency” means—(A) the Commission, and (B) any other Executive agency or the Smithsonian Institution, to the extent of any election in effect under section 3652(b) of this title; (2) “position” means a civilian position in the Commission, or in any other agency if a substantial portion of the duties and responsibilities are performed in the Republic of Panama; and (3) “employee” means an individual serving in a position.

22 U.S.C. § 3652 Panama Canal Employment System; merit and other employment requirements

(a) Establishment; merit and other employment requirementsThe Commission shall establish a Panama Canal Employment System and prescribe the regulations necessary for its administration. The Panama Canal Employment System shall—(1) be established in accordance with and be subject to the provisions of the Panama Canal Treaty of 1977 and related agreements, the provisions of this part, and any other applicable provision of law; (2) be based on the consideration of the merit of each employee or candidate for employment and the qualifications and fitness of the employee to hold the position concerned; (3) conform, to the extent practicable and consistent with the provisions of this chapter, to the policies, principles, and standards applicable to the competitive service; (4) in the case of employees who are citizens of the United States, provide for the appropriate interchange of those employees between positions under the Panama Canal Employment System and positions in the competitive service; and (5) not be subject to the provisions of title 5, unless specifically made applicable by this chapter. (b) Applicability to any Executive agency and Smithsonian Institution(1) The head of any Executive agency (other than the Commission) and the Smithsonian Institution may elect to have the Panama Canal Employment System made applicable in whole or in part to personnel of that agency in the Republic of Panama. (2) Any Executive agency (other than the Commission) and the Smithsonian Institution, to the extent of any election under paragraph (1), shall conduct its employment and pay practices relating to employees in accordance with the Panama Canal Employment System. (3) Notwithstanding any other provision of this chapter, the Panama Canal Act Amendments of 1996 (subtitle B of title XXXV of Public Law 104–201; 110 Stat. 2860), or the Panama Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105–85; 110 11 So in original. Probably should be “111”. Stat. 2062), or the Panama Canal Commission Authorization Act for Fiscal Year 1999, this subpart, as in effect on September 22, 1996, shall continue to apply to an Executive agency or the Smithsonian Institution to the extent of an election under paragraph (1) by the head of the agency or the Institution, respectively. (c) Exclusion of employees or positions from coverageThe Commission may exclude any employee or position from coverage under any provision of this subpart, other than the interchange rights extended under subsection (a)(4).

22 U.S.C. § 3653 Employment standards

The Commission shall establish written standards for— (1) determining the qualifications and fitness of employees and of candidates for employment in positions; and (2) selecting individuals for appointment, promotion, or transfer to positions. The standards shall conform to the provisions of this subpart, any regulations prescribed thereunder, and the Panama Canal Employment System.

22 U.S.C. § 3656 Uniform application of standards and rates

The standards established pursuant to section 3653 of this title and the rates of basic pay established pursuant to section 3642 of this title shall be applied without regard to whether the employee or individual concerned is a citizen of the United States or a citizen of the Republic of Panama.

22 U.S.C. § 3657 Recruitment and retention remuneration

(a) Repealed. Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269 (b) RestrictionAny employee described in more than one paragraph of subsection (a) of this section may qualify for a recruitment or retention differential under only one of those paragraphs. (c) Recruitment and relocation bonuses(1) The Commission may pay a recruitment bonus to an individual who is newly appointed to a position with the Commission, or a relocation bonus to an employee of the Commission who must relocate to accept a position, if the Commission determines that the Commission would be likely, in the absence of such a bonus, to have difficulty in filling the position. (2) A recruitment or relocation bonus may be paid to an employee under this subsection only if the employee enters into an agreement with the Commission to complete a period of employment established in the agreement. If the employee voluntarily fails to complete such period of employment or is separated from service in such employment as a result of an adverse action before the completion of such period, the employee shall repay the entire amount of the bonus. (3) A recruitment or relocation bonus under this subsection may be paid as a lump sum. A bonus under this subsection may not be considered to be part of the basic pay of an employee. (d) Retention bonuses(1) The Commission may pay a retention bonus to an employee of the Commission if the Commission determines that—(A) the employee has unusually high or unique qualifications and those qualifications make it essential for the Commission to retain the employee for a period specified by the Commission ending not later than the Canal Transfer Date, or the Commission otherwise has a special need for the services of the employee making it essential for the Commission to retain the employee for a period specified by the Commission ending not later than the Canal Transfer Date; and (B) the employee would be likely to leave employment with the Commission before the end of that period if the retention bonus is not paid. (2) A retention bonus under this subsection—(A) shall be in a fixed amount; (B) shall be paid on a pro rata basis (over the period specified by the Commission as essential for the retention of the employee), with such payments to be made at the same time and in the same manner as basic pay; and (C) may not be considered to be part of the basic pay of an employee. (3) A decision by the Commission to exercise or to not exercise the authority to pay a bonus under this subsection shall not be subject to review under any statutory procedure or any agency or negotiated grievance procedure except under any of the laws referred to in section 2302(d) of title 5. (e) Limit on compensationAdditional compensation provided under this section may not exceed 25 percent of the rate of basic pay of the individual to whom the compensation is paid.

22 U.S.C. § 3657a Quarters allowances

(a) “Position” and “employee” definedNotwithstanding paragraphs (2) and (3) of section 3651 of this title, as used in this section—(1) “position” means a civilian position; and (2) “employee” means an individual serving in a position in the Department of Defense whose permanent duty station is in the area which, before October 1, 1979, was known as the Canal Zone. (b) Covered employeesUnder regulations prescribed by or under authority of the President, the Department of Defense may grant a quarters allowance in the case of—(1) any employee who is a citizen of the United States and who, before October 1, 1979, was employed by the Panama Canal Company, the Canal Zone Government, or any other agency, in the area then known as the Canal Zone; and (2) any other employee who is a citizen of the United States and who (before, on, or after the effective date of this section) is or was recruited within the United States; for whom adequate Government owned or leased quarters are not made available. (c) Determination of amountThe amount of any quarters allowance granted to an employee under this section shall be determined in accordance with the regulations prescribed under subsection (b) of this section, except that such allowance for any period may not exceed the amount, if any, by which—(1) the lesser of—(A) the actual expenses for rent and utilities incurred by the employee during such period while occupying quarters other than Government owned or leased quarters; or (B) the maximum amount which would be authorized for such employee with respect to such period under the Department of State Standardized Regulations (Government Civilians, Foreign Areas) if such employee were covered by those regulations; exceeds (2) the estimated total cost of rent and utilities which the employee would have been charged if Government owned or leased quarters had been provided on a rental basis during such period. (d) Inapplicability of election under section 3652(b) of this titleThe provisions of this section shall apply without regard to whether any election by the Department of Defense under section 3652(b) of this title is then in effect.

22 U.S.C. § 3658 Benefits based on basic pay

For the purpose of determining— (1) amounts of compensation for disability or death under chapter 81 of title 5, relating to compensation for work injuries; (2) benefits under subchapter III of chapter 83 or chapter 84 of title 5, relating to retirement; (3) amounts of insurance under chapter 87 of title 5, relating to life insurance; (4) amounts of overtime pay or other premium pay; (5) annual leave benefits; and (6) any other benefits related to basic pay; the basic pay of each employee shall include the rate of basic pay established for his position under section 3642 of this title plus the amount of any additional compensation provided under section 3657(a) 11 See References in Text note below. of this title.

22 U.S.C. § 3660 Review and adjustment of classifications, grades, and pay level

An employee may request at any time that the employee’s agency— (1) review the classification of the employee’s position or the grade or pay level for the employee’s position, or both; and (2) revise or adjust that classification, grade or pay level, or both, as the case may be. The request for review and revision or adjustment shall be submitted and adjudicated in accordance with the regularly established appeals procedures of the agency.

22 U.S.C. § 3661 Panama Canal Board of Appeals; duties

(a) Subject to the provisions of this part, the Commission shall prescribe regulations establishing a Panama Canal Board of Appeals. The regulations shall provide for the number of members of the Board and their appointment, compensation, and terms of office, the selection of a Chairman of the Board, the appointment and compensation of the Board’s employees, and other appropriate matters relating to the Board. (b) The Board shall review and determine the appeals of employees in accordance with section 3662 of this title. The decisions of the Board shall conform to the provisions of this subpart.

22 U.S.C. § 3662 Appeals to Board; procedures

(a) Persons entitled to appeal; form; timeAn employee may appeal to the Panama Canal Board of Appeals from an adverse determination made by an agency under section 3660 of this title. The appeal shall be made in writing within a reasonable time (as specified in regulations prescribed by, or under the authority of, the Commission) after the date of the transmittal by the agency to the employee of written notice of the adverse determination. (b) Personal appearanceThe Board may authorize, in connection with an appeal pursuant to subsection (a) of this section, a personal appearance before the Board by the employee, or by a representative of the employee designated for that purpose. (c) Consideration of evidence; decisionAfter investigation and consideration of the evidence submitted, the Board shall—(1) prepare a written decision on the appeal; (2) transmit its decision to the agency concerned; and (3) transmit copies of the decision to the employee concerned or to the designated representative. (d) Finality of decisionThe decision of the Board on any question or other matter relating to an appeal is final and conclusive. The agency concerned shall take action in accordance with the decision of the Board.

22 U.S.C. § 3664 Applicability of title 5

The following provisions of title 5 apply to the Panama Canal Commission: (1) Part I of title 5 (relating to agencies generally). (2) Chapter 21 (relating to employee definitions). (3) Section 2302(b)(8) (relating to whistleblower protection) and all provisions of title 5 relating to the administration or enforcement or any other aspect thereof, as identified in regulations prescribed by the Commission in consultation with the Office of Personnel Management. (4) All provisions relating to preference eligibles. (5) Section 5514 (relating to offset from salary). (6) Section 5520a (relating to garnishments). (7) Sections 5531–5535 (relating to dual pay and employment). (8) Subchapter VI of chapter 55 (relating to accumulated and accrued leave). (9) Subchapter IX of chapter 55 (relating to severance and back pay). (10) Chapter 59 (relating to allowances). (11) Repealed. Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269. (12) Section 6323 (relating to military leave; Reserves and National Guardsmen). (13) Chapter 71 (relating to labor relations). (14) Subchapters II and III of chapter 73 (relating to employment limitations and political activities, respectively) and all provisions of title 5 relating to the administration or enforcement or any other aspect thereof, as identified in regulations prescribed by the Commission in consultation with the Office of Personnel Management. (15) Chapter 81 (relating to compensation for work injuries). (16) Chapters 83 and 84 (relating to retirement). (17) Chapter 85 (relating to unemployment compensation). (18) Chapter 87 (relating to life insurance). (19) Chapter 89 (relating to health insurance).

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