22 U.S.C. § 3613 — Administrator

Page 1376 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3612b (g) Appointment of notaries public (1) The Commission may appoint any United States citizen to have the general powers of a notary public to perform, on behalf of Commis- sion employees and their dependents outside the United States, any notarial act that a notary public is required or authorized to perform with- in the United States. Unless an earlier expira- tion is provided by the terms of the appoint- ment, any such appointment shall expire three months after the Canal Transfer Date. (2) Every notarial act performed by a person acting as a notary under paragraph (1) shall be as valid, and of like force and effect within the United States, as if executed by or before a duly authorized and competent notary public in the United States. (3) The signature of any person acting as a no- tary under paragraph (1), when it appears with the title of that person’s office, is prima facie evidence that the signature is genuine, that the person holds the designated title, and that the person is authorized to perform a notarial act. (h) Limitations on authority The authority of the Commission under this section and section 3612b of this title is subject to the Panama Canal Treaty of 1977 and related agreements, and to chapter 91 of title 31. (Pub. L. 96–70, title I, § 1102a, as added Pub. L. 104–106, div. C, title XXXV, § 3524(a), Feb. 10, 1996, 110 Stat. 639; amended Pub. L. 105–85, div. C, title XXXV, §§ 3546, 3550(d)(3), Nov. 18, 1997, 111 Stat. 2073, 2074.) Editorial Notes REFERENCES IN TEXT Sections 661 and 662 of title 42, referred to in subsec. (c)(2), were repealed by Pub. L. 104–193, title III, § 362(b)(1), Aug. 22, 1994, 110 Stat. 2246. AMENDMENTS 1997—Subsec. (g). Pub. L. 105–85, § 3546(2), added sub- sec. (g). Former subsec. (g) redesignated (h). Subsec. (h). Pub. L. 105–85, § 3550(d)(3), made technical amendment to reference in original act which appears in text as reference to section 3612b of this title. Pub. L. 105–85, § 3546(1), redesignated subsec. (g) as (h). § 3612b. Specific powers of Commission (a) Panama Canal management, operation, and maintenance The Commission may manage, operate, and maintain the Panama Canal. (b) Establishment, maintenance, and operation of activities, facilities, and appurtenances The Commission may construct or acquire, es- tablish, maintain, and operate such activities, facilities, and appurtenances as necessary and appropriate for the accomplishment of the pur- poses of this chapter, including the following: (1) Docks, wharves, piers, and other shore- line facilities. (2) Shops and yards. (3) Marine railways, salvage and towing fa- cilities, fuel-handling facilities, and motor transportation facilities. (4) Power systems, water systems, and a telephone system. (5) Construction facilities. (6) Living quarters and other buildings. (7) Warehouses, storehouses, a printing plant, and manufacturing, processing, or serv- ice facilities in connection therewith. (8) Recreational facilities. (c) Use of United States mails The Commission may use the United States mails in the same manner and under the same conditions as the executive departments of the Federal Government. (d) Necessary or appropriate actions The Commission may take such actions as are necessary or appropriate to carry out the powers specifically conferred upon it. (e) Commercial activities The Commission may conduct and promote commercial activities related to the manage- ment, operation, or maintenance of the Panama Canal. Any such commercial activity shall be carried out consistent with the Panama Canal Treaty of 1977 and related agreements. (f) Donations (1) The Commission may seek and accept do- nations of funds, property, and services from in- dividuals, foundations, corporations, and other private and public entities for the purpose of carrying out its promotional activities. (2) The Commission shall establish written guidelines setting forth the criteria to be used in determining whether the acceptance of funds, property, or services authorized by paragraph (1) would reflect unfavorably upon the ability of the Commission (or any employee of the Com- mission) to carry out its responsibilities or offi- cial duties in a fair and objective manner or would compromise the integrity or the appear- ance of the integrity of its programs or of any official in those programs. (Pub. L. 96–70, title I, § 1102b, as added Pub. L. 104–106, div. C, title XXXV, § 3524(a), Feb. 10, 1996, 110 Stat. 639; amended Pub. L. 105–85, div. C, title XXXV, § 3547, Nov. 18, 1997, 111 Stat. 2073; Pub. L. 105–261, div. C, title XXXV, § 3505, Oct. 17, 1998, 112 Stat. 2268.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, meaning Pub. L. 96–70, Sept. 27, 1979, 93 Stat. 452, known as the Panama Canal Act of 1979 which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 3601 of this title and Tables. AMENDMENTS 1998—Subsec. (f). Pub. L. 105–261 added subsec. (f). 1997—Subsec. (e). Pub. L. 105–85 added subsec. (e). § 3613. Administrator (a) Appointment There shall be an Administrator of the Com- mission who shall be appointed by the Presi- dent, by and with the advice and consent of the Senate, and shall hold office at the pleasure of the President. Page 1377 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3614 (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 Com- mission of appointment by the Republic of Pan- ama to the position of Administrator of the Panama Canal Authority. Such consent is effec- tive only if that individual, while serving in both such positions, serves as Administrator of the Panama Canal Authority without compensa- tion, 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 indi- vidual 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 partici- pation in any particular matter as the Ad- ministrator of the Panama Canal Commis- sion, is not subject to section 208(a) of title 18, insofar as that section would otherwise apply to that matter only because the mat- ter will have a direct and predictable effect on the financial interest of the Panama Canal Authority; (C) that individual is not subject to sec- tions 203 and 205 of title 18, with respect to official acts performed as an agent or attor- ney for or otherwise representing the Pan- ama Canal Authority; and (D) that individual is not subject to sec- tions 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 individ- ual’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 Author- ity. (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.) Editorial Notes REFERENCES IN TEXT Level III of the Executive Schedule, referred to in subsec. (b), is set out in section 5314 of Title 5, Govern- ment 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. AMENDMENTS 2022—Subsec. (d)(1)(D). Pub. L. 117–286 substituted ‘‘sections 13143(a) and 13144(a)(4) of title 5,’’ for ‘‘sec- tions 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 ap- pointed 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 sec- tion [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 af- fect— ‘‘(1) the tenure of the individual serving as Admin- istrator of the Commission on the day before sub- section (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 Pan- ama Canal Act of 1979 [subsec. (b) of this section], as amended by subsection (a), the compensation of the individual so serving.’’ § 3614. Deputy Administrator (a) Appointment and duties There shall be a Deputy Administrator of the Commission who shall be appointed by the President. The Deputy Administrator shall per- form such duties as may be prescribed by the Board. (b) Compensation The Deputy Administrator shall be paid com- pensation at a rate of pay, established by the Board, which does not exceed the rate of basic pay in effect for level IV of the Executive Sched- ule, and, if eligible, shall be paid the overseas re- cruitment and retention differential provided for in section 3657 of this title. (Pub. L. 96–70, title I, § 1104, Sept. 27, 1979, 93 Stat. 457; Pub. L. 101–510, div. C, title XXXV, § 3505, Nov. 5, 1990, 104 Stat. 1846; Pub. L. 104–201, div. C, title XXXV, § 3524(a), Sept. 23, 1996, 110 Stat. 2860.) Editorial Notes REFERENCES IN TEXT Level IV of the Executive Schedule, referred to in subsec. (b), is set out in section 5315 of Title 5, Govern- ment Organization and Employees. AMENDMENTS 1996—Pub. L. 104–201 struck out ‘‘and Chief Engineer’’ after ‘‘Deputy Administrator’’ in section catchline and