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B-195418 1 (1980-11-25)

handle is hein.gao/gaobadisj0001 and id is 1 raw text is: 




DECISION


THE COMPTROLLER GENERAL
OF  THE   UNITED STATES
WASHINGTON, D.C. 20546


FILE: B-195418


MATTER


DIGEST:


DATE:  November 25, 1980  0


OF:  Panama Canal Commission -§Applicability
     of Senior Executive Service frsy/oiS7'0j?   / enm Q1and(

 Panama Canal Act of 1979 expressly excepts
 the appointment and compensation of all
 Panama Canal Commission positions from the
 provisions of the civil service laws and
 regulations.  Additionally, provisions of
 the Panama Canal Treaty of 197? would be in
 conflict with the implementation of the
 Senior Executive Service. The Treaty must
 be given priority over a subsequently en-
 acted statute applicable to Federal agencies
 generally.  Hence, the provisions of the
 Civil Service Reform Act of 1978 establish-
 ing a Senior Executive Service do not apply
 to the employees of the Panama Canal
 Commission.


     By letter dated July 23, 1980, the Administrator
of the Panama Canal Commission has requested our deci-
sion whether the employees of the Commission are sub-
ject to the provisions of Title IV of the Civil Service
Reform Act of 1978, 1/ establishing a Government-wide
Senior Executive Service (SES), designed to insure the
high quality of Government executives.

     The Panama Canal Commission was established
effective October 1, 1979, by the Panama Canal Act of
1979, 2/ as successor to the Panama Canal Company. The
establishment of the Commission was required by the




1/  Pub. L. 95-454, October 13, 1978, 92 Stat. 1111,
1154 (codified at 5 U.S.C. § 3131 et seq.).

2/  Pub. L. 96-70, § 1101, 93 Stat. 452, 456,
September 27, 1979.


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