Statutes, codes, and regulations
United States Code
Title 22 - FOREIGN RELATIONS AND INTERCOURSEChapter 51 - PANAMA CANALSubchapter I - ADMINISTRATION AND REGULATIONS
Part 1 - PANAMA CANAL COMMISSION
Section 3613 - Administrator

22 U.S.C. § 3613

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Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 3613 - Administrator
(a) Appointment

There shall be an Administrator of the Commission who shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold office at the pleasure of the President.

(b) Compensation

The Administrator shall be paid compensation in an amount, established by the Board, not to exceed level III of the Executive Schedule.

(c) Authority for dual role

The Congress consents, for purposes of the 8th clause of article I, section 9 of the Constitution of the United States, to the acceptance by the individual serving as Administrator of the Commission of appointment by the Republic of Panama to the position of Administrator of the Panama Canal Authority. Such consent is effective only if that individual, while serving in both such positions, serves as Administrator of the Panama Canal Authority without compensation, except for payments by the Republic of Panama of travel and entertainment expenses, including per diem payments.

(d) Waiver of ethics and reporting requirements

If before the Canal Transfer Date the Republic of Panama appoints as the Administrator of the Panama Canal Authority the individual serving as the Administrator of the Commission and if that individual accepts the appointment-

(1) during any period during which that individual serves as both Administrator of the Commission and the Administrator of the Panama Canal Authority-
(A) the Foreign Agents Registration Act of 1938, as amended (22 U.S.C. 611 et seq.), shall not apply to that individual with respect to service as the Administrator of the Panama Canal Authority;
(B) that individual, with respect to participation in any particular matter as the Administrator of the Panama Canal Commission, is not subject to section 208(a) of title 18, insofar as that section would otherwise apply to that matter only because the matter will have a direct and predictable effect on the financial interest of the Panama Canal Authority;
(C) that individual is not subject to sections 203 and 205 of title 18, with respect to official acts performed as an agent or attorney for or otherwise representing the Panama Canal Authority; and
(D) that individual is not subject to sections 13143(a) and 13144(a)(4) of title 5, with respect to compensation received for, and service in, the position of Administrator of the Panama Canal Authority; and
(2) effective upon termination of the individual's appointment as Administrator of the Panama Canal Commission at noon on the Canal Transfer Date, that individual is not subject to section 207 of title 18, with respect to acts done in carrying out official duties as Administrator of the Panama Canal Authority.

22 U.S.C. § 3613

Pub. L. 96-70, title I, §1103, Sept. 27, 1979, 93 Stat. 457; Pub. L. 104-201, div. C, title XXXV, §3523(a), Sept. 23, 1996, 110 Stat. 2860; Pub. L. 105-85, div. C, title XXXV, §35213521,, 111 Stat. 2063; Pub. L. 117-286, §4(c)(30), Dec. 27, 2022, 136 Stat. 4357.

EDITORIAL NOTES

REFERENCES IN TEXTLevel III of the Executive Schedule, referred to in subsec. (b), is set out in section 5314 of Title 5, Government Organization and Employees.The Foreign Agents Registration Act of 1938, referred to in subsec. (d)(1)(A), is act June 8, 1938, ch. 327, 52 Stat. 631, which is classified generally to subchapter II (§611 et seq.) of chapter 11 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 611 of this title and Tables.

AMENDMENTS2022-Subsec. (d)(1)(D). Pub. L. 117-286 substituted "sections 13143(a) and 13144(a)(4) of title 5," for "sections 501(a) and 502(a)(4) of the Ethics in Government Act of 1978 (5 U.S.C. App.),". 1997-Subsecs. (c), (d). Pub. L. 105-85 added subsecs. (c) and (d).1996- Pub. L. 104-201 amended section generally. Prior to amendment, section read as follows: "There shall be an Administrator of the Commission, who shall be appointed by the President, by and with the advice and consent of the Senate, and shall hold office at the pleasure of the President."

STATUTORY NOTES AND RELATED SUBSIDIARIES

SAVINGS PROVISION Pub. L. 104-201, div. C, title XXXV, §3523(b), Sept. 23, 1996, 110 Stat. 2860, provided that: "Nothing in this section [amending this section] (or section 3549(3) [ section 3549 of Pub. L. 104-201 did not contain a par. (3) and is not classified to the Code]) shall be considered to affect- "(1) the tenure of the individual serving as Administrator of the Commission on the day before subsection (a) takes effect [ section 3523(a) of Pub. L. 104-201 effective Sept. 23, 1996]; or"(2) until modified under section 1103(b) of the Panama Canal Act of 1979 [subsec. (b) of this section], as amended by subsection (a), the compensation of the individual so serving."

Canal Transfer Date
The term "Canal Transfer Date" means December 31, 1999, such date being the date specified in the Panama Canal Treaty of 1977 for the transfer of the Panama Canal from the United States of America to the Republic of Panama.
Panama Canal Authority
The term "Panama Canal Authority" means the entity created by the Republic of Panama to succeed the Panama Canal Commission as of the Canal Transfer Date.