22 U.S.C. § 3672 — Placement

Page 1390 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3672 by the Canal Zone Government school system on September 30, 1979, and who was transferred from such position to a teaching position which is under the Department of Defense Overseas De- pendent School System and the permanent duty station of which is in the Republic of Panama, until the rates of basic compensation estab- lished under section 903(c) of title 20 equal or ex- ceed the rates of basic compensation then in ef- fect for teachers who were so transferred. (2) Section 904(a)(2) of title 20 shall not apply with respect to any teacher who was employed by the Canal Zone Government school system on September 30, 1979, and who was transferred from such position to a teaching position which is under the Department of Defense Overseas De- pendent School System and the permanent duty station of which is in the Republic of Panama. (3)(A) The head of a department or agency of the United States may grant a sabbatical to any teacher to whom paragraph (1) of this subsection applies for not to exceed 11 months in order to permit the teacher to engage in study or uncom- pensated work experience which is in the United States and which will contribute to the teach- er’s development and effectiveness. Basic com- pensation shall be paid to teachers on sabbatical under this section in the same manner and to the same extent as basic compensation would have been paid to teachers on sabbatical while employed in the Canal Zone Government school system on September 30, 1979. A sabbatical shall not result in a loss of, or reduction in, leave to which the teacher is otherwise entitled, credit for time or service, or performance or efficiency rating. The head of the department or agency may authorize in accordance with chapter 57 of title 5 such travel expenses (including per diem allowance) as the head of the department or agency may determine to be essential for the study or experience. (B) A sabbatical under this paragraph may not be granted to any teacher— (i) more than once in any 10-year period; (ii) unless the teacher has completed 7 years of service as a teacher; and (iii) if the teacher is eligible for voluntary retirement with a right to an immediate annu- ity. (C)(i) Any teacher in a department or agency of the United States may be granted a sab- batical under this paragraph only if the teacher agrees, as a condition of accepting the sab- batical, to serve in the civil service upon the completion of the sabbatical for a period of two consecutive years. (ii) Each agreement required under clause (i) of this subparagraph shall provide that in the event the teacher fails to carry out the agree- ment (except for good and sufficient reason as determined by the head of the department or agency that granted the sabbatical) the teacher shall be liable to the United States for payment of all expenses (including salary) of the sab- batical. The amount shall be treated as a debt due the United States. (Pub. L. 96–70, title I, § 1231(a)–(c), Sept. 27, 1979, 93 Stat. 468, 469; Pub. L. 104–201, div. C, title XXXV, § 3537, Sept. 23, 1996, 110 Stat. 2864; Pub. L. 105–85, div. C, title XXXV, § 3550(d)(2)(C), Nov. 18, 1997, 111 Stat. 2074; Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (b), is 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. CODIFICATION Section 1231(d) of Pub. L. 96–70 amended sections 5595, 5724a, and 8102 of Title 5, Government Organization and Employees. AMENDMENTS 1998—Subsec. (a)(2)(A), (B). Pub. L. 105–261 struck out subpars. (A) and (B) which read as follows: ‘‘(A) rates of basic pay; ‘‘(B) tropical differential;’’. Subsec. (a)(2)(F) to (H). Pub. L. 105–261 struck out subpars. (F) to (H) which read as follows: ‘‘(F) leave and travel; ‘‘(G) transportation and repatriation benefits; ‘‘(H) group health and life insurance;’’. 1997—Subsec. (c)(3)(A). Pub. L. 105–85 substituted ‘‘September 30, 1979’’ for ‘‘the day before October 1, 1979’’. 1996—Subsec. (a)(3). Pub. L. 104–201 struck out par. (3) which read as follows: ‘‘(3)(A) The provisions of this subsection shall take effect on September 27, 1979. ‘‘(B) No spending authority (as described in section 651(c)(2)(C) of title 2) provided for under this subsection shall take effect before October 1, 1979. ‘‘(C) Effective October 1, 1979, any individual who, but for subparagraph (B) of this paragraph, would have been entitled to one or more payments pursuant to this subsection for periods before October 1, 1979, shall be entitled, to the extent or in such amounts as are pro- vided in advance in appropriation Acts, to a lump sum payment equal to the total amount of all such pay- ments.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269, provided that the amendment made by section 3507(a) striking out subsec. (a)(2)(A), (B), and (F) to (H) of this section is effective 11:59 p.m. (Eastern Standard Time), Dec. 30, 1999, and any right or condi- tion of employment provided for in, or arising from, subsec. (a)(2)(A), (B), and (F) to (H) of this section is terminated. § 3672. Placement (a) Citizens separated from employment with Panama Canal Company or Canal Zone Gov- ernment Any citizen of the United States— (1) who, on March 31, 1979, was an employee of the Panama Canal Company or the Canal Zone Government; (2) who separates or is scheduled to separate on or after such date for any reason other than misconduct or delinquency; and (3) who is not placed in another appropriate position in the Government of the United States in the Republic of Panama; shall, upon the employee’s request, be accorded appropriate assistance for placement in vacant Page 1391 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3673 positions in the Government of the United States in the United States. (b) Citizens eliminated from employment with Executive agency or Canal Zone Government as a result of implementation of Panama Canal Treaty of 1977 Any citizen of the United States— (1) who, on March 31, 1979, was employed in the Canal Zone as an employee of an Execu- tive agency (other than the Panama Canal Company or the Canal Zone Government) or the Smithsonian Institution; (2) whose position is eliminated as the result of the implementation of any provision of the Panama Canal Treaty of 1977 and related agreements; and (3) who is not appointed to another appro- priate position in the Government of the United States in the Republic of Panama; shall, upon the employee’s request, be accorded appropriate assistance for placement in vacant positions in the Government of the United States in the United States. (c) Establishment and administration of program by Office of Personnel Management The Office of Personnel Management shall es- tablish and administer a Government-wide placement program for all eligible employees who request appointment to positions under this section. (d) Effective date The provisions of this section shall take effect on September 27, 1979. (Pub. L. 96–70, title I, § 1232, Sept. 27, 1979, 93 Stat. 470.) § 3673. Transition separation incentive payments (a) In applying to the Commission and employ- ees of the Commission the provisions of section 663 of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (as con- tained in section 101(f) of division A of Public Law 104–208; 110 Stat. 3009–383), relating to vol- untary separation incentives for employees of certain Federal agencies (in this section referred to as ‘‘section 663’’)— (1) the term ‘‘employee’’ shall mean an em- ployee of the Commission who has served in the Republic of Panama in a position with the Commission for a continuous period of at least three years immediately before the employee’s separation under an appointment without time limitation and who is covered under the Civil Service Retirement System or the Fed- eral Employees’ Retirement System under subchapter III of chapter 83 or chapter 84, re- spectively, of title 5, other than— (A) an employee described in any of sub- paragraphs (A) through (F) of subsection (a)(2) of section 663; or (B) an employee of the Commission who, during the 24-month period preceding the date of separation, has received a recruit- ment or relocation bonus under section 3657(c) of this title or who, within the 12- month period preceding the date of separa- tion, received a retention bonus under sec- tion 3657(d) of this title; (2) the strategic plan under subsection (b) of section 663 shall include (in lieu of the matter specified in subsection (b)(2) of that section)— (A) the positions to be affected, identified by occupational category and grade level; (B) the number and amounts of separation incentive payments to be offered; and (C) a description of how such incentive payments will facilitate the successful transfer of the Panama Canal to the Repub- lic of Panama; (3) a separation incentive payment under section 663 may be paid to a Commission em- ployee only to the extent necessary to facili- tate the successful transfer of the Panama Canal by the United States of America to the Republic of Panama as required by the Pan- ama Canal Treaty of 1977; (4) such a payment— (A) may be in an amount determined by the Commission not to exceed $25,000; and (B) may be made (notwithstanding the limitation specified in subsection (c)(2)(D) of section 663) in the case of an eligible em- ployee who voluntarily separates (whether by retirement or resignation) during the 90- day period beginning on November 18, 1997, or during the period beginning on October 1, 1998, and ending on December 31, 1998; (5) in the case of not more than 15 employees who (as determined by the Commission) are unwilling to work for the Panama Canal Au- thority after the Canal Transfer Date and who occupy critical positions for which (as deter- mined by the Commission) at least two years of experience is necessary to ensure that sea- soned managers are in place on and after the Canal Transfer Date, such a payment (not- withstanding paragraph (4))— (A) may be in an amount determined by the Commission not to exceed 50 percent of the basic pay of the employee; and (B) may be made (notwithstanding the limitation specified in subsection (c)(2)(D) of section 663) in the case of such an employee who voluntarily separates (whether by re- tirement or resignation) during the 90-day period beginning on November 18, 1997; and (6) the provisions of subsection (f) of section 663 shall not apply. (b) A decision by the Commission to exercise or to not exercise the authority to pay a transi- tion separation incentive under this section shall not be subject to review under any statu- tory procedure or any agency or negotiated grievance procedure except under any of the laws referred to in section 2302(d) of title 5. (Pub. L. 96–70, title I, § 1233, as added Pub. L. 105–85, div. C, title XXXV, § 3526, Nov. 18, 1997, 111 Stat. 2067; amended Pub. L. 115–73, title I, § 107(a)(2)(E), Oct. 26, 2017, 131 Stat. 1239; Pub. L. 115–91, div. A, title X, § 1097(b)(3)(E), Dec. 12, 2017, 131 Stat. 1618.) Editorial Notes REFERENCES IN TEXT Section 663 of the Treasury, Postal Service, and Gen- eral Government Appropriations Act, 1997 (as contained