subpart ii—wage and employment practices
§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
(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.
(
Editorial Notes
Amendments
1996—Par. (1)(B).
§3652. Panama Canal Employment System; merit and other employment requirements
(a) Establishment; merit and other employment requirements
The 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
(c) Exclusion of employees or positions from coverage
The 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).
(
Editorial Notes
References in Text
This chapter, referred to in subsecs. (a)(3), (5) and (b)(3), was in the original "this Act", meaning
The Panama Canal Act Amendments of 1996, referred to in subsec. (b)(3), is subtitle B of title XXXV of div. C of
The Panama Canal Transition Facilitation Act of 1997, referred to in subsec. (b)(3), is subtitle B of title XXXV of div. C of
The Panama Canal Commission Authorization Act for Fiscal Year 1999, referred to in subsec. (b)(3), is title XXXV of div. C of
Amendments
1998—Subsec. (b)(3).
1997—Subsec. (b)(3).
1996—
Statutory Notes and Related Subsidiaries
Savings Provision
Executive Documents
Coordination of Pay and Employment Practices
For provisions requiring consultations with the Secretary of Defense for agencies under this subpart with respect to the establishment of rates of pay and other matters deemed appropriate by the Secretary in order to develop compatible or unified systems of basic pay and employment practices, see section 1–201 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note under
1 So in original. Probably should be "111".
§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.
(
Editorial Notes
Amendments
1996—
Executive Documents
Coordination of Pay and Employment Practices
For provisions requiring consultations with the Secretary of Defense for agencies under this subpart with respect to the establishment of rates of pay and other matters deemed appropriate by the Secretary in order to develop compatible or unified systems of basic pay and employment practices, see section 1–201 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note under
§3654. Repealed. Pub. L. 104–201, div. C, title XXXV, §3532, Sept. 23, 1996, 110 Stat. 2863
Section,
§3655. Repealed. Pub. L. 105–85, div. C, title XXXV, §3523(a)(1), Nov. 18, 1997, 111 Stat. 2064
Section,
§3656. Uniform application of standards and rates
The standards established pursuant to
(
Editorial Notes
Amendments
1997—
§3657. Recruitment and retention remuneration
(a) Repealed. Pub. L. 105–261, div. C, title XXXV, §3507(a), Oct. 17, 1998, 112 Stat. 2269
(b) Restriction
Any 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
(e) Limit on compensation
Additional 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.
(
Editorial Notes
Amendments
2017—Subsec. (d)(3).
1998—Subsec. (a).
"(1) before October 1, 1979, was employed by the Panama Canal Company, by the Canal Zone Government, or by any other agency in the area then known as the Canal Zone;
"(2) is an employee who was recruited on or after October 1, 1979, outside of the Republic of Panama for placement in the Republic of Panama; or
"(3) is a medical doctor employed by the Department of Defense in the Republic of Panama or by the Commission;
if, in the judgment of the head of the agency concerned, the recruitment or retention of the individual is essential."
1997—Subsecs. (c), (d).
Subsec. (e).
1996—Subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Savings Provision for Basic Pay
Executive Documents
Coordination of Pay and Employment Practices
For provisions requiring consultations with the Secretary of Defense for agencies under this subpart with respect to the establishment of rates of pay and other matters deemed appropriate by the Secretary in order to develop compatible or unified systems of basic pay and employment practices, see section 1–201 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note under
§3657a. Quarters allowances
(a) "Position" and "employee" defined
Notwithstanding paragraphs (2) and (3) of
(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 employees
Under 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 amount
The 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 title
The provisions of this section shall apply without regard to whether any election by the Department of Defense under
(
Editorial Notes
References in Text
For effective date of this section, referred to in subsec. (b)(2), see section 2 of
Statutory Notes and Related Subsidiaries
Effective Date
Executive Documents
Ex. Ord. No. 12520. Quarters Allowance to Department of Defense Employees in Panama
Ex. Ord. No. 12520, June 19, 1985, 50 F.R. 25683, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1217a of the Panama Canal Act of 1979 (
Ronald Reagan.
§3658. Benefits based on basic pay
For the purpose of determining—
(1) amounts of compensation for disability or death under
(2) benefits under subchapter III of
(3) amounts of insurance under
(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
(
Editorial Notes
References in Text
Amendments
1997—
1996—Par. (2).
Executive Documents
Coordination of Pay and Employment Practices
For provisions requiring consultations with the Secretary of Defense for agencies under this subpart with respect to the establishment of rates of pay and other matters deemed appropriate by the Secretary in order to develop compatible or unified systems of basic pay and employment practices, see section 1–201 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, set out as a note under
1 See References in Text note below.
§3659. Repealed. Pub. L. 105–85, div. C, title XXXV, §3523(a)(2), Nov. 18, 1997, 111 Stat. 2064
Section,
§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.
(
§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
(
Editorial Notes
Amendments
1997—Subsec. (a).
§3662. Appeals to Board; procedures
(a) Persons entitled to appeal; form; time
An employee may appeal to the Panama Canal Board of Appeals from an adverse determination made by an agency under
(b) Personal appearance
The 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; decision
After 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 decision
The 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.
(
Editorial Notes
Amendments
1997—Subsec. (a).
§3663. Repealed. Pub. L. 105–261, div. C, title XXXV, §3508(a), Oct. 17, 1998, 112 Stat. 2269
Section,
§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)
(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
(9) Subchapter IX of
(10)
(11) Repealed.
(12) Section 6323 (relating to military leave; Reserves and National Guardsmen).
(13)
(14) Subchapters II and III of
(15)
(16) Chapters 83 and 84 (relating to retirement).
(17)
(18)
(19)
(
Editorial Notes
Amendments
1998—Par. (11).
1997—Pars. (10) to (20).
1996—
"(1) the provisions of title 5 which relate to preference eligibles;
"(2) the provisions of title 5 which relate to removal or suspension from the competitive service; and
"(3) the provisions of
Statutory Notes and Related Subsidiaries
Effective Date of 1998 Amendment
Effective Date of 1997 Amendment
Amendment by
§3665. Repealed. Pub. L. 105–85, div. C, title XXXV, §3523(a)(3), Nov. 18, 1997, 111 Stat. 2065
Section,