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

Page 1385 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3657 XXXV of div. C of Pub. L. 105–85, Nov. 18, 1997, 111 Stat. 2062. For complete classification of this Act to the Code, see Short Title of 1997 Amendment note set out under section 3601 of this title and Tables. The Panama Canal Commission Authorization Act for Fiscal Year 1999, referred to in subsec. (b)(3), is title XXXV of div. C of Pub. L. 105–261, Oct. 17, 1998, 112 Stat. 2267, which amended this section and sections 3612, 3612b, 3620, 3642, 3657, 3664, 3671, 3723, 3731, 3751, 3771, 3772, 3776, 3779, and 3862 of this title, repealed sections 3646, 3647, and 3663 of this title, and enacted provisions set out as notes under section 3657 of this title. For com- plete classification of this Act to the Code, see Tables. AMENDMENTS 1998—Subsec. (b)(3). Pub. L. 105–261, § 3512(a)(2), in- serted ‘‘the’’ after ‘‘by the head of’’. Pub. L. 105–261, § 3507(c), substituted ‘‘the Panama Canal Transition Facilitation Act of 1997 (subtitle B of title XXXV of Public Law 105–85; 110 Stat. 2062), or the Panama Canal Commission Authorization Act for Fis- cal Year 1999’’ for ‘‘the Panama Canal Transition Fa- cilitation Act of 1997’’. 1997—Subsec. (b)(3). Pub. L. 105–85, § 3550(d)(5), sub- stituted ‘‘as in effect on September 22, 1996’’ for ‘‘as last in effect before September 23, 1996’’. Pub. L. 105–85, § 3523(d), substituted ‘‘, the Panama Canal Act Amendments of 1996 (subtitle B of title XXXV of Public Law 104–201; 110 Stat. 2860), or the Pan- ama Canal Transition Facilitation Act of 1997’’ for ‘‘or the Panama Canal Act Amendments of 1996’’. 1996—Pub. L. 104–201 amended section generally, sub- stituting subsecs. (a) to (c) requiring the Commission to establish a Panama Canal Employment System for former subsecs. (a) to (d) requiring the President to es- tablish such a System. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 104–201, div. C, title XXXV, § 3530(b), Sept. 23, 1996, 110 Stat. 2863, provided that: ‘‘The Panama Canal Employment System and all elections, rules, regula- tions, and orders relating thereto, as last in effect be- fore the amendment made by subsection (a) [amending this section] takes effect, shall continue in effect, ac- cording to their terms, until modified, terminated, or superseded under section 1212 of the Panama Canal Act of 1979 [this section], as amended by subsection (a).’’ Executive Documents COORDINATION OF PAY AND EMPLOYMENT PRACTICES For provisions requiring consultations with the Sec- retary 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 section 3601 of this title. § 3653. Employment standards The Commission shall establish written stand- ards for— (1) determining the qualifications and fit- ness of employees and of candidates for em- ployment 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 there- under, and the Panama Canal Employment Sys- tem. (Pub. L. 96–70, title I, § 1213, Sept. 27, 1979, 93 Stat. 464; Pub. L. 104–201, div. C, title XXXV, § 3531, Sept. 23, 1996, 110 Stat. 2863.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–201 substituted ‘‘The Commission’’ for ‘‘The head of each agency’’ in introductory provi- sions. Executive Documents COORDINATION OF PAY AND EMPLOYMENT PRACTICES For provisions requiring consultations with the Sec- retary 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 section 3601 of this title. § 3654. Repealed. Pub. L. 104–201, div. C, title XXXV, § 3532, Sept. 23, 1996, 110 Stat. 2863 Section, Pub. L. 96–70, title I, § 1214, Sept. 27, 1979, 93 Stat. 465, related to an interim, continuing application of Canal Zone Merit System, as in effect on Sept. 30, 1979, until Panama Canal Employment System was es- tablished and in effect. § 3655. Repealed. Pub. L. 105–85, div. C, title XXXV, § 3523(a)(1), Nov. 18, 1997, 111 Stat. 2064 Section, Pub. L. 96–70, title I, § 1215, Sept. 27, 1979, 93 Stat. 465, related to establishment and revision of basic pay. § 3656. Uniform application of standards and rates The standards established pursuant to section 3653 of this title and the rates of basic pay estab- lished pursuant to section 3642 of this title shall be applied without regard to whether the em- ployee or individual concerned is a citizen of the United States or a citizen of the Republic of Panama. (Pub. L. 96–70, title I, § 1216, Sept. 27, 1979, 93 Stat. 465; Pub. L. 105–85, div. C, title XXXV, § 3523(c)(1), Nov. 18, 1997, 111 Stat. 2065.) Editorial Notes AMENDMENTS 1997—Pub. L. 105–85 substituted ‘‘section 3642’’ for ‘‘section 3655’’. § 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 differen- tial 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 reloca- tion 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. Page 1386 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3657a (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 employ- ment established in the agreement. If the em- ployee voluntarily fails to complete such period of employment or is separated from service in such employment as a result of an adverse ac- tion 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 consid- ered 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 em- ployee 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 essen- tial 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 re- view under any statutory procedure or any agen- cy or negotiated grievance procedure except under any of the laws referred to in section 2302(d) of title 5. (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 com- pensation is paid. (Pub. L. 96–70, title I, § 1217, Sept. 27, 1979, 93 Stat. 465; Pub. L. 104–201, div. C, title XXXV, § 3533, Sept. 23, 1996, 110 Stat. 2863; Pub. L. 105–85, div. C, title XXXV, § 3525(a), Nov. 18, 1997, 111 Stat. 2066; Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269; Pub. L. 115–73, title I, § 107(a)(2)(D), Oct. 26, 2017, 131 Stat. 1239; Pub. L. 115–91, div. A, title X, § 1097(b)(3)(D), Dec. 12, 2017, 131 Stat. 1618.) Editorial Notes AMENDMENTS 2017—Subsec. (d)(3). Pub. L. 115–91 substituted ‘‘sec- tion 2302(d)’’ for ‘‘section 2302(c)’’. Pub. L. 115–73 substituted ‘‘section 2302(c)’’ for ‘‘sec- tion 2302(d)’’. 1998—Subsec. (a). Pub. L. 105–261 struck out subsec. (a) which read as follows: ‘‘In addition to basic pay, ad- ditional compensation may be paid, in such amounts as the head of the agency concerned determines, as an overseas recruitment or retention differential to any individual who— ‘‘(1) before October 1, 1979, was employed by the Panama Canal Company, by the Canal Zone Govern- ment, 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 Depart- ment 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 essen- tial.’’ 1997—Subsecs. (c), (d). Pub. L. 105–85, § 3525(a)(3), added subsecs. (c) and (d). Former subsec. (c) redesig- nated (e). Subsec. (e). Pub. L. 105–85, § 3525(a)(1), (2), redesig- nated subsec. (c) as (e) and substituted ‘‘of the indi- vidual to whom the compensation is paid’’ for ‘‘for the same or similar work performed in the United States by individuals employed by the Government of the United States’’. 1996—Subsec. (d). Pub. L. 104–201 struck out subsec. (d) which read as follows: ‘‘Subchapter III of chapter 59 of title 5, relating to overseas differentials and allow- ances, shall not apply with respect to any employee whose permanent duty station is in the Republic of Panama and who is employed by an agency.’’ 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) of this section is effective 11:59 p.m. (Eastern Standard Time), Dec. 30, 1999, and any right or condition of employment pro- vided for in, or arising from, subsec. (a) of this section is terminated. SAVINGS PROVISION FOR BASIC PAY Pub. L. 105–261, div. C, title XXXV, § 3507(b), Oct. 17, 1998, 112 Stat. 2269, provided that: ‘‘Notwithstanding subsection (a) [amending this section and sections 3664, 3671, and 3731 of this title and repealing sections 3646 and 3647 of this title], benefits based on basic pay, as listed in paragraphs (1), (2), (3), (5), and (6) of section 1218 of the Panama Canal Act of 1979 [22 U.S.C. 3658(1), (2), (3), (5), (6)], shall be paid as if sections 1217(a) and 1231(a)(2)(A) and (B) of that Act [22 U.S.C. 3657(a), 3671(a)(2)(A), (B)] had been repealed effective 12:00 noon, December 31, 1999. The exception under the preceding sentence shall not apply to any pay for hours of work performed on December 31, 1999.’’ Executive Documents COORDINATION OF PAY AND EMPLOYMENT PRACTICES For provisions requiring consultations with the Sec- retary 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 section 3601 of this title. § 3657a. Quarters allowances (a) ‘‘Position’’ and ‘‘employee’’ defined Notwithstanding paragraphs (2) and (3) of sec- tion 3651 of this title, as used in this section—