
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3652]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
              SUBCHAPTER I--ADMINISTRATION AND REGULATIONS
 
                            Part 2--Employees
 
                subpart ii--wage and employment practices
 
Sec. 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 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 \1\ 
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.
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    \1\ So in original. Probably should be ``111''.
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(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) of this section.

(Pub. L. 96-70, title I, Sec. 1212, Sept. 27, 1979, 93 Stat. 464; Pub. 
L. 104-201, div. C, title XXXV, Sec. 3530(a), Sept. 23, 1996, 110 Stat. 
2862; Pub. L. 105-85, div. C, title XXXV, Secs. 3523(d), 3550(d)(5), 
Nov. 18, 1997, 111 Stat. 2065, 2074; Pub. L. 105-261, div. A, title 
XXXV, Secs. 3507(c), 3512(a)(2), Oct. 17, 1998, 112 Stat. 2269, 2271.)

                       References in Text

    This chapter, referred to in subsecs. (a)(3), (5) and (b)(3), was in 
the original ``this Act'', meaning Pub. L. 96-70, Sept. 27, 1979, 93 
Stat. 452, known as the Panama Canal Act of 1979, which is classified 
principally to this chapter. For complete classification of this Act to 
the Code, see Short Title note set out under section 3601 of this title 
and Tables.
    The Panama Canal Act Amendments of 1996, referred to in subsec. 
(b)(3), is subtitle B of title XXXV of div. C of Pub. L. 104-201, Sept. 
23, 1996, 110 Stat. 2860. For complete classification of this Act to the 
Code, see Short Title of 1996 Amendment note set out under section 3601 
of this title and Tables.
    The Panama Canal Transition Facilitation Act of 1997, referred to in 
subsec. (b)(3), is subtitle B of title 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 complete classification of this 
Act to the Code, see Tables.


                               Amendments

    1998--Subsec. (b)(3). Pub. L. 105-261, Sec. 3512(a)(2), inserted 
``the'' after ``by the head of''.
    Pub. L. 105-261, Sec. 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 Fiscal Year 1999'' for ``the Panama Canal 
Transition Facilitation Act of 1997''.
    1997--Subsec. (b)(3). Pub. L. 105-85, Sec. 3550(d)(5), substituted 
``as in effect on September 22, 1996'' for ``as last in effect before 
September 23, 1996''.
    Pub. L. 105-85, Sec. 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 Panama Canal Transition Facilitation Act of 1997'' 
for ``or the Panama Canal Act Amendments of 1996''.
    1996--Pub. L. 104-201 amended section generally, substituting 
subsecs. (a) to (c) requiring the Commission to establish a Panama Canal 
Employment System for former subsecs. (a) to (d) requiring the President 
to establish such a System.


                            Savings Provision

    Section 3530(b) of Pub. L. 104-201 provided that: ``The Panama Canal 
Employment System and all elections, rules, regulations, and orders 
relating thereto, as last in effect before the amendment made by 
subsection (a) [amending this section] takes effect, shall continue in 
effect, according 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).''


              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 section 3601 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 3651, 3657a of this title.
