
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: 22USC3673]

 
               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. 3673. Transition separation incentive payments

    (a) In applying to the Commission and employees of the Commission 
the provisions of section 663 of the Treasury, Postal Service, and 
General Government Appropriations Act, 1997 (as contained in section 
101(f) of division A of Public Law 104-208; 110 Stat. 3009-383), 
relating to voluntary separation incentives for employees of certain 
Federal agencies (in this section referred to as ``section 663'')--
        (1) the term ``employee'' shall mean an employee of the 
    Commission who has served in the Republic of Panama in a position 
    with the Commission for a continuous period of at least three years 
    immediately before the employee's separation under an appointment 
    without time limitation and who is covered under the Civil Service 
    Retirement System or the Federal Employees' Retirement System under 
    subchapter III of chapter 83 or chapter 84, respectively, of title 
    5, other than--
            (A) an employee described in any of subparagraphs (A) 
        through (F) of subsection (a)(2) of section 663; or
            (B) an employee of the Commission who, during the 24-month 
        period preceding the date of separation, has received a 
        recruitment or relocation bonus under section 3657(c) of this 
        title or who, within the 12-month period preceding the date of 
        separation, received a retention bonus under section 3657(d) of 
        this title;

        (2) the strategic plan under subsection (b) of section 663 shall 
    include (in lieu of the matter specified in subsection (b)(2) of 
    that section)--
            (A) the positions to be affected, identified by occupational 
        category and grade level;
            (B) the number and amounts of separation incentive payments 
        to be offered; and
            (C) a description of how such incentive payments will 
        facilitate the successful transfer of the Panama Canal to the 
        Republic of Panama;

        (3) a separation incentive payment under section 663 may be paid 
    to a Commission employee only to the extent necessary to facilitate 
    the successful transfer of the Panama Canal by the United States of 
    America to the Republic of Panama as required by the Panama Canal 
    Treaty of 1977;
        (4) such a payment--
            (A) may be in an amount determined by the Commission not to 
        exceed $25,000; and
            (B) may be made (notwithstanding the limitation specified in 
        subsection (c)(2)(D) of section 663) in the case of an eligible 
        employee who voluntarily separates (whether by retirement or 
        resignation) during the 90-day period beginning on November 18, 
        1997, or during the period beginning on October 1, 1998, and 
        ending on December 31, 1998;

        (5) in the case of not more than 15 employees who (as determined 
    by the Commission) are unwilling to work for the Panama Canal 
    Authority after the Canal Transfer Date and who occupy critical 
    positions for which (as determined by the Commission) at least two 
    years of experience is necessary to ensure that seasoned managers 
    are in place on and after the Canal Transfer Date, such a payment 
    (notwithstanding paragraph (4))--
            (A) may be in an amount determined by the Commission not to 
        exceed 50 percent of the basic pay of the employee; and
            (B) may be made (notwithstanding the limitation specified in 
        subsection (c)(2)(D) of section 663) in the case of such an 
        employee who voluntarily separates (whether by retirement or 
        resignation) during the 90-day period beginning on November 18, 
        1997; and

        (6) the provisions of subsection (f) of section 663 shall not 
    apply.

    (b) A decision by the Commission to exercise or to not exercise the 
authority to pay a transition separation incentive under this section 
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.

(Pub. L. 96-70, title I, Sec. 1233, as added Pub. L. 105-85, div. C, 
title XXXV, Sec. 3526, Nov. 18, 1997, 111 Stat. 2067.)

                       References in Text

    Section 663 of the Treasury, Postal Service, and General Government 
Appropriations Act, 1997 (as contained in section 101(f) of division A 
of Public Law 104-208; 110 Stat. 3009-383), referred to in subsec. (a), 
is set out as a note under section 5597 of Title 5, Government 
Organization and Employees.
