22 U.S.C. § 3673
(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
(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.
Notes, amendments, and revision history
(Pub. L. 96–70, title I, § 1233, as added Pub. L. 105–85, div. C, title XXXV, § 3526, Nov. 18, 1997, 111 Stat. 2067; amended Pub. L. 115–73, title I, § 107(a)(2)(E), Oct. 26, 2017, 131 Stat. 1239; Pub. L. 115–91, div. A, title X, § 1097(b)(3)(E), Dec. 12, 2017, 131 Stat. 1618.)
Editorial Notes
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.
Amendments
2017—Subsec. (b). Pub. L. 115–91 substituted “section 2302(d)” for “section 2302(c)”.
Pub. L. 115–73 substituted “section 2302(c)” for “section 2302(d)”.