
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: 22USC3671]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                        CHAPTER 51--PANAMA CANAL
 
              SUBCHAPTER I--ADMINISTRATION AND REGULATIONS
 
                            Part 2--Employees
 
           subpart iii--conditions of employment and placement
 
Sec. 3671. Transferred or reemployed employees


(a) Terms and conditions of employment

    (1) With respect to any individual employed in the Panama Canal 
Company or the Canal Zone Government--
        (A) who is transferred--
            (i) to a position in the Commission; or
            (ii) to a position in an Executive agency or in the 
        Smithsonian Institution the permanent duty station of which is 
        in the Republic of Panama (including the area known before 
        October 1, 1979, as the Canal Zone); or

        (B) who is separated by reason of a reduction in force on 
    September 30, 1979, and is appointed to a position in the Commission 
    before April 1, 1980;

the terms and conditions of employment set forth in paragraph (2) of 
this subsection shall be generally no less favorable, on or after the 
date of the transfer referred to in subparagraph (A) of this paragraph 
or the date of the appointment referred to in subparagraph (B) of this 
paragraph, as the case may be, than the terms and conditions of 
employment with the Panama Canal Company and Canal Zone Government on 
September 30, 1979, or, in the case of a transfer described in 
subparagraph (A)(ii) of this paragraph which takes place before that 
date, on the date of the transfer.
    (2) The terms and conditions of employment referred to in paragraph 
(1) of this subsection are the following:
        (A), (B) Repealed. Pub. L. 105-261, div. C, title XXXV, 
    Sec. 3507(a), Oct. 17, 1998, 112 Stat. 2269.
        (C) premium pay and night differential;
        (D) reinstatement and restoration rights;
        (E) injury and death compensation benefits;
        (F) to (H) Repealed. Pub. L. 105-261, div. C, title XXXV, 
    Sec. 3507(a), Oct. 17, 1998, 112 Stat. 2269.
        (I) reduction-in-force rights;
        (J) an employee grievance system, and the right to appeal 
    adverse and disciplinary actions and position classification 
    actions;
        (K) veterans' preference eligibility;
        (L) holidays;
        (M) saved pay provisions; and
        (N) severance pay benefits.

(b) Break in service

    Any individual described in subsection (a)(1)(B) of this section who 
would have met the service requirement for early retirement benefits 
under section 8336(i) or 8339(d)(2) of title 5 (as amended by sections 
1241(a) and 1242 of this Act, respectively), but for a break in service 
of more than 3 days immediately after September 30, 1979, shall be 
considered to meet that requirement. Any break in service by any such 
individual for purposes of section 8332 of such title 5 during the 
period beginning September 30, 1979, and ending on the date of the 
appointment referred to in such subsection (a)(1)(B) of this section 
shall be considered a period of creditable service under such section 
8332 for such individual, except that such period shall not be taken 
into account for purposes of determining average pay (as defined in 
section 8331(4) of such title 5) and no deduction, contribution, or 
deposit shall be required for that period under section 8334 of such 
title 5.

(c) Applicability of sections 903(c) and 904(a)(2) of title 20; 
        sabbaticals

    (1) Section 903(c) 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 
Dependent School System and the permanent duty station of which is in 
the Republic of Panama, until the rates of basic compensation 
established under section 903(c) of title 20 equal or exceed the rates 
of basic compensation then in effect 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 
Dependent 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 uncompensated work experience which is in 
the United States and which will contribute to the teacher's development 
and effectiveness. Basic compensation 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 annuity.

    (C)(i) Any teacher in a department or agency of the United States 
may be granted a sabbatical under this paragraph only if the teacher 
agrees, as a condition of accepting the sabbatical, 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 
agreement (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 sabbatical. The amount shall be treated as a 
debt due the United States.

(Pub. L. 96-70, title I, Sec. 1231(a)-(c), Sept. 27, 1979, 93 Stat. 468, 
469; Pub. L. 104-201, div. C, title XXXV, Sec. 3537, Sept. 23, 1996, 110 
Stat. 2864; Pub. L. 105-85, div. C, title XXXV, Sec. 3550(d)(2)(C), Nov. 
18, 1997, 111 Stat. 2074; Pub. L. 105-261, div. C, title XXXV, 
Sec. 3507(a), Oct. 17, 1998, 112 Stat. 2269.)

                       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 chapter. 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 
provided in advance in appropriation Acts, to a lump sum payment equal 
to the total amount of all such payments.''


                    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)(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 condition of employment provided for in, or arising from, 
subsec. (a)(2)(A), (B), and (F) to (H) of this section is terminated.

                  Section Referred to in Other Sections

    This section is referred to in section 3691 of this title; title 5 
section 8348.
