22 U.S.C. § 3682 — Administration of certain disability bene-

Page 1393 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3682 Executive Documents DELEGATION OF FUNCTIONS Functions vested in President by subsec. (a)(1) dele- gated to Director of Office of Personnel Management and function vested in President by subsec. (c)(1) of this section delegated to Secretary of Defense, see sections 1–105 and 1–403 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36043, 36045, set out as a note under section 3601 of this title. § 3682. Administration of certain disability bene- fits (a) Continuation of cash relief payments to em- ployees under Act of July 8, 1937 (1) The Commission, or any other United States Government agency or private entity acting pursuant to an agreement with the Com- mission, under the Act entitled ‘‘An Act author- izing cash relief for certain employees of the Panama Canal not coming within the provisions of the Canal Zone Retirement Act’’, approved July 8, 1937 (50 Stat. 478; 68 Stat. 17), may con- tinue the payments of cash relief to those indi- vidual former employees of the Canal Zone Gov- ernment or Panama Canal Company or their predecessor agencies not coming within the scope of the former Canal Zone Retirement Act whose services were terminated prior to October 5, 1958, because of unfitness for further useful service by reason of mental or physical dis- ability resulting from age or disease. (2) Subject to subsection (b), cash relief under this subsection may not exceed $1.50 per month for each year of service of the employees so fur- nished relief, with a maximum of $45 per month, plus the amount of any cost-of-living increases in such cash relief granted before October 1, 1979, pursuant to section 181 of title 2 of the Canal Zone Code (as in effect on September 30, 1979), nor be paid to any employee who, at the time of termination for disability prior to Octo- ber 5, 1958, had less than 10 years’ service with the Canal Zone Government, the Panama Canal Company, or their predecessor agencies on the Isthmus of Panama. (b) Additional amounts for relief under sub- section (a) An additional amount of $20 per month shall be paid to each person who receives payment of cash relief under subsection (a) of this section and shall be allowed without regard to the limi- tations contained therein. (c) Increases in cash relief payments Each cash relief payment made pursuant to this section shall be increased on the same effec- tive date and by the same percent, adjusted to the nearest dollar, as civil service retirement annuities are increased under the cost-of-living adjustment provisions of section 8340(b) of title 5. Such increase shall apply only to cash relief payments made after October 1, 1979, as in- creased by annuity increases made after that date under such section 8340(b) of title 5. (d) Cash relief payments to widows The Commission may pay cash relief to the widow of any former employee of the Canal Zone Government or the Panama Canal Company who, until the time of his death, receives or has received cash relief under subsection (a) of this section, under section 181 of title 2 of the Canal Zone Code (as in effect on September 30, 1979), or under the Act of July 8, 1937, referred to in such subsection (a). The term ‘‘widow’’ as used in this subsection includes only the following: (1) a woman legally married to such em- ployee at the time of his termination for dis- ability and at his death; (2) a woman who, although not legally mar- ried to such former employee at the time of his termination, had resided continuously with him for at least five years immediately preceding the employee’s termination under such circumstances as would at common law make the relationship a valid marriage and who continued to reside with him until his death; and (3) a woman who has not remarried or as- sumed a common-law relationship with any other person. Cash relief granted to such a widow shall not at any time exceed 50 percent of the rate at which cash relief, inclusive of any additional payment under subsection (b) of this section, would be payable to the former employee were he then alive. (e) Applicability of subchapter III of chapter 83 of title 5 Subchapter III of chapter 83 of title 5 applies with respect to those individuals who were in the service of the Canal Zone Government or the Panama Canal Company on October 5, 1958, and who, except for the operation of section 13(a)(1) of the Act entitled ‘‘An Act to implement item 1 of a Memorandum of Understanding attached to the treaty of January 25, 1955, entered into by the Government of the United States of America and the Government of the Republic of Panama with respect to wage and employment practices of the Government of the United States of America in the Canal Zone’’, approved July 25, 1958 (72 Stat. 405), would have been within the classes of individuals subject to the Act of July 8, 1937, referred to in subsection (a) of this sec- tion. (Pub. L. 96–70, title I, § 1245, Sept. 27, 1979, 93 Stat. 475; Pub. L. 104–201, div. C, title XXXV, §§ 3538, 3548(c)(2), Sept. 23, 1996, 110 Stat. 2864, 2869.) Editorial Notes REFERENCES IN TEXT The reference to the Act of July 8, 1937, in subsecs. (a)(1), (d), and (e), is act July 8, 1937, ch. 443, 50 Stat. 478, which was classified to section 1372 of Title 48, Ter- ritories and Insular Possessions, prior to repeal by Pub. L. 87–845, § 26(b), Oct. 18, 1962, 76A Stat. 701. The Canal Zone Code, referred to in subsec. (a)(2), was enacted by Pub. L. 87–845, § 1, Oct. 18, 1962, 76A Stat. 1, redesignated the Panama Canal Code by Pub. L. 96–70, title III, § 3303(b), Sept. 27, 1979, 93 Stat. 499, and re- pealed by Pub. L. 104–201, div. C, title XXXV, § 3549, Sept. 23, 1996, 110 Stat. 2870. Section 13(a)(1) of Act July 25, 1958, referred to in sub- sec. (e), probably means section 13(a) of Pub. L. 85–550, July 25, 1958, 72 Stat. 405, which is set out as a note under section 8331 of Title 5, Government Organization and Employees. Page 1394 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3683 1 See References in Text note below. AMENDMENTS 1996—Pub. L. 104–201, §§ 3538, 3548(c)(2), amended sec- tion catchline to read ‘‘Administration of certain dis- ability benefits’’. Subsec. (a). Pub. L. 104–201, § 3538, added subsec. (a) and struck out former subsec. (a) which read as follows: ‘‘The Commission, under the regulations prescribed by the President pursuant to the Act entitled ‘An Act au- thorizing cash relief for certain employees of the Pan- ama Canal not coming within the provisions of the Canal Zone Retirement Act’, approved July 8, 1937, as amended (50 Stat. 478; 68 Stat. 17), may continue the payments of cash relief to those individual former em- ployees of the Canal Zone Government or Panama Canal Company or their predecessor agencies not com- ing within the scope of the former Canal Zone Retire- ment Act whose services were terminated prior to Oc- tober 5, 1958, because of unfitness for further useful service by reason of mental or physical disability re- sulting from age or disease. Subject to subsection (b) of this section, that cash relief may not exceed $1.50 per month for each year of service of the employees so fur- nished relief, with a maximum of $45 per month, plus the amount of any cost-of-living increases in such cash relief granted before October 1, 1979, pursuant to sec- tion 181 of title 2 of the Canal Zone Code (as in effect on September 30, 1979), nor be paid to any employee who, at the time of termination for disability prior to October 5, 1958, had less than 10 years’ service with the Canal Zone Government, the Panama Canal Company, or their predecessor agencies on the Isthmus of Pan- ama.’’ § 3683. Repealed. Pub. L. 104–201, div. C, title XXXV, § 3546(a)(6), Sept. 23, 1996, 110 Stat. 2868 Section, Pub. L. 96–70, title I, § 1246, Sept. 27, 1979, 93 Stat. 476; Pub. L. 100–203, title V, § 5428(a), Dec. 22, 1987, 101 Stat. 1330–274, authorized Commission to purchase artificial limbs or other appliances for persons who were injured in service of Isthmian Canal Commission or of Panama Canal before Sept. 7, 1916. SUBPART V—APPLICATION TO RELATED PERSONNEL § 3691. Individuals considered employees (a) Individuals considered employees for pur- poses of certain sections For the purposes of sections 3646,1 3671, and 3672 of this title, including any amendment made by sections 1231, 1241, and 1242 of this Act, the United States Attorney for the District of the Canal Zone and the Assistant United States Attorneys and their clerical assistants, and the United States Marshal for the District of the Canal Zone and his deputies and clerical assist- ants shall be considered employees of the Com- mission. (b) Individuals considered employees for certain purposes For the purposes of this Act, including any amendment made by this Act, the Executive Di- rector of the Canal Zone Civilian Personnel Pol- icy Coordinating Board, the Manager, Central Examining Office, and their staffs shall be con- sidered to have been employees of the Panama Canal Company with respect to service in those positions before October 1, 1979, and as employ- ees of the Commission with respect to service in those positions on or after that date. (Pub. L. 96–70, title I, § 1261(a), (b), Sept. 27, 1979, 93 Stat. 476.) Editorial Notes REFERENCES IN TEXT Section 3646 of this title, referred to in subsec. (a), was repealed by Pub. L. 105–261, div. C, title XXXV, § 3507(a), Oct. 17, 1998, 112 Stat. 2269. Section 1231 of this Act, referred to in subsec. (a), amended sections 5595, 5724a, and 8102 of Title 5, Gov- ernment Organization and Employees. Section 1241 of this Act, referred to in subsec. (a), amended section 8336 of Title 5 and enacted provisions set out as notes thereunder. Section 1242 of this Act, referred to in subsec. (a), amended section 8339 of Title 5 and enacted provisions set out as notes thereunder. 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. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 96–70, title I, § 1261(c), Sept. 27, 1979, 93 Stat. 476, provided that: ‘‘The provisions of this section [en- acting this section] shall take effect on the date of the enactment of this Act [Sept. 27, 1979].’’ SUBPART VI—LABOR-MANAGEMENT RELATIONS § 3701. Labor-management relations (a) Applicability of chapter 71 of title 5 Nothing in this chapter shall be construed to affect the applicability of chapter 71 of title 5, relating to labor-management and employee re- lations, with respect to the Commission or the operations of any other Executive agency con- ducted in that area of the Republic of Panama which, on September 30, 1979, was the Canal Zone, except that in applying those provisions— (1) the definition of ‘‘employee’’ shall be ap- plied without regard to clause (i) of section 7103(a)(2) of such title 5 which relates to na- tionality and citizenship; (2) a unit shall be considered to be appro- priate notwithstanding the fact that it in- cludes any supervisor if that supervisor’s posi- tion (or type of position) was, before October 1, 1979, represented before the Panama Canal Company by a labor organization that in- cluded employees who were not supervisors; and (3) any negotiated grievance procedures under section 7121 of title 5, including any pro- visions relating to binding arbitration, shall, with respect to any personnel action to which subchapter II of chapter 75 of such title applies (as determined under section 7512 of such title), be available to the same extent and in the same manner as if employees of the Pan- ama Canal Commission were not excluded from such subchapter under section 7511(b)(8) of such title. (b) United States laws applicable Labor-management and employee relations of the Commission, other Executive agencies, and the Smithsonian Institution, their employees,