§ 3613. Administrator

783 words·~4 min read·/usc/title-22/section-3613

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(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.

(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, § 3521, Nov. 18, 1997, 111 Stat. 2063; Pub. L. 117–286, § 4(c)(30), Dec. 27, 2022, 136 Stat. 4357.)

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