
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC3657]

 
               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. 3657. Recruitment and retention remuneration


(a) Repealed. Pub. L. 105-261, div. C, title XXXV, Sec. 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 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 
compensation is paid.

(Pub. L. 96-70, title I, Sec. 1217, Sept. 27, 1979, 93 Stat. 465; Pub. 
L. 104-201, div. C, title XXXV, Sec. 3533, Sept. 23, 1996, 110 Stat. 
2863; Pub. L. 105-85, div. C, title XXXV, Sec. 3525(a), Nov. 18, 1997, 
111 Stat. 2066; Pub. L. 105-261, div. C, title XXXV, Sec. 3507(a), Oct. 
17, 1998, 112 Stat. 2269.)


                               Amendments

    1998--Subsec. (a). Pub. L. 105-261 struck out subsec. (a) which read 
as follows: ``In addition to basic pay, additional 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 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). Pub. L. 105-85, Sec. 3525(a)(3), added 
subsecs. (c) and (d). Former subsec. (c) redesignated (e).
    Subsec. (e). Pub. L. 105-85, Sec. 3525(a)(1), (2), redesignated 
subsec. (c) as (e) and substituted ``of the individual 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 allowances, 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.''


                    Effective Date of 1998 Amendment

    Pub. L. 105-261, div. C, title XXXV, Sec. 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 provided 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, Sec. 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.''


              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 3614, 3658, 3673 of this 
title.
