22 U.S.C. § 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)

22 U.S.C. 611 the Foreign Agents Registration Act of 1938, as amended ( et seq.), shall not apply to that individual with respect to service as the Administrator of the Panama Canal Authority;

(B)

section 208(a) of title 18 that individual, with respect to participation in any particular matter as the Administrator of the Panama Canal Commission, is not subject to , 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)

section 207 of title 18 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 , with respect to acts done in carrying out official duties as Administrator of the Panama Canal Authority.

Pub. L. 96–70, title I, § 1103Sept. 27, 197993 Stat. 457 Pub. L. 104–201, div. C, title XXXV, § 3523(a)Sept. 23, 1996110 Stat. 2860 Pub. L. 105–85, div. C, title XXXV, § 3521Nov. 18, 1997111 Stat. 2063 Pub. L. 117–286, § 4(c)(30)Dec. 27, 2022136 Stat. 4357(, , ; , , ; , , ; , , .)

Editorial Notes

References in Text

section 5314 of Title 5Level III of the Executive Schedule, referred to in subsec. (b), is set out in , Government Organization and Employees.

act June 8, 1938, ch. 327 52 Stat. 631 section 611 of this titleThe Foreign Agents Registration Act of 1938, referred to in subsec. (d)(1)(A), is , , 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 and Tables.

Amendments

Pub. L. 117–2862022—Subsec. (d)(1)(D). 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.),”.

Pub. L. 105–851997—Subsecs. (c), (d). added subsecs. (c) and (d).

Pub. L. 104–2011996— 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, 1996110 Stat. 2860

section 3549 of Pub. L. 104–201“Nothing in this section [amending this section] (or section 3549(3) [ did not contain a par. (3) and is not classified to the Code]) shall be considered to affect—

“(1)

section 3523(a) of Pub. L. 104–201Sept. 23, 1996 the tenure of the individual serving as Administrator of the Commission on the day before subsection (a) takes effect [, effective ]; 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.”

, , , provided that: