§ 3652. Panama Canal Employment System; merit and other employment requirements

Footnotes

1. 1 So in original. Probably should be “111”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1979

   Panama Canal Act of 1979

   Pub. L. 96–70 title I § 1212 · 93 Stat. 452

   Enacted · 22 U.S.C. § 3652

   Pub. L. 96–70, title I, § 1212, Sept. 27, 1979, 93 Stat. 464

   Source evidence

   Code source credit
   Pub. L. 96–70, title I, § 1212, Sept. 27, 1979, 93 Stat. 464

   Enacted provision · exact public law section
   Sec. 1212. panama canal employment system; merit and other employment requirements (a) After considering any recommendations of the Commission, the President shall establish a Panama Canal Employment System. 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 chapter, 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 Act, to the policies, principles, and standards applicable to the competitive service; and (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. (b) (1) The Commission, and any Executive agency and the Smithsonian Institution to the extent of any election under paragraph (2) of this subsection, shall conduct their employment and pay practices relating to employees in accordance with the Panama Canal Employment System and regulations prescribed by, or under the authority of, the President in accordance with this subchapter. (2) The head of any Executive agency 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. (c) Subject to the provisions of this chapter, the President may, from time to time and after considering any recommendation of the Commission, amend or modify any provision of the Panama Canal Employment System, including any provision relating to selection for appointment, reappointment, reinstatement, reemployment, and retention, with respect to positions, employees, and candidates for employment. (d) The President may, to the extent the President determines appropriate— (1) exclude any employee or position from coverage under any provision of this subchapter; and (2) notwithstanding section 1202 of this Act, extend to any employee, whether or not the employee is a citizen of the United States, the rights and privileges which are provided by applicable laws and regulations for citizens of the United States employed in the competitive service.

2. 1996

   Panama Canal Act Amendments of 1996

   Pub. L. 104–201 div. C title XXXV § 3530(a) · 110 Stat. 2422

   1. Amended · 22 U.S.C. § 3652

      Pub. L. 104–201 amended section generally

   2. Substituted · 22 U.S.C. § 3652

      Pub. L. 104–201 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

   Source evidence

   Code amendment note
   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.

   Enacted provision · exact public law section
   (a) In General.— Section 1212 (22 U.S.C. 3652) is amended to read as follows: “Sec. 1212. “panama canal employment system; merit and other employment requirements (a) 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 chapter, 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 Act, 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, United States Code, unless specifically made applicable by this Act. “(b) (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 Act or the Applicability. Panama Canal Act Amendments of 1996, this subchapter, as last in effect before the effective date of section 3530 of the Panama Canal Act Amendments of 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 agency or the Institution, respectively. “(c) The Commission may exclude any employee or position from coverage under any provision of this subchapter, other than the interchange rights extended under subsection (a)(4).”.

3. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 3550(d)(5) · 111 Stat. 1629

   Substituted · 22 U.S.C. § 3652(b)(3)

   Pub. L. 105–85, § 3550(d)(5), substituted “as in effect on September 22, 1996” for “as last in effect before September 23, 1996”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 105–85, § 3550(d)(5), substituted “as in effect on September 22, 1996” for “as last in effect before September 23, 1996”.

4. 1997

   National Defense Authorization Act for Fiscal Year 1998

   Pub. L. 105–85 § 3523(d) · 111 Stat. 1629

   Substituted · 22 U.S.C. § 3652(b)(3)

   Pub. L. 105–85, § 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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–85, § 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”.

   Enacted provision · exact public law section
   (d) Nonapplicability to Agencies in Panama Other Than Panama Canal Commission.— Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by striking out “or the Panama Canal Act Amendments of 1996” and inserting in lieu thereof “, 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”.

5. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 3512(a)(2) · 112 Stat. 1920

   Inserted · 22 U.S.C. § 3652(b)(3)

   Pub. L. 105–261, § 3512(a)(2), inserted “the” after “by the head of”

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 105–261, § 3512(a)(2), inserted “the” after “by the head of”.

   Enacted provision · exact public law section
   (2) Section 1212(b)(3) (22 U.S.C. 3652(b)(3)) is amended by inserting “the” after “by the head of”.

6. 1998

   Strom Thurmond National Defense Authorization Act for Fiscal Year 1999

   Pub. L. 105–261 § 3507(c) · 112 Stat. 1920

   Substituted · 22 U.S.C. § 3652(b)(3)

   Pub. L. 105–261, § 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”

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 105–261, § 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”.

   Enacted provision · exact public law section
   (c) Nonapplicability to Agencies in Panama Other Than Panama Canal Commission.— Section 1212(b)(3) (22 U.S.C.3652(b)(3)) is amended by striking out “the Panama Canal Transition Facilitation Act of 1997” and inserting in lieu thereof “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”.

6 of 7 references resolved to an enrolled provision · 1 partial