22 U.S.C. § 3614 — Deputy Administrator

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 Page 1378 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 3615 amended text generally. Prior to amendment, text read as follows: ‘‘(a) There shall be a Deputy Administrator and a Chief Engineer of the Commission, both of whom shall be appointed by the President. The Deputy Adminis- trator and the Chief Engineer shall perform such duties as may be prescribed by the President. ‘‘(b) The Deputy Administrator and the Chief Engi- neer shall each be paid compensation at a rate of pay established by the President which does not exceed the rate of basic pay in effect for grade GS–18 of the Gen- eral Schedule under section 5332 of title 5, and, if eligi- ble, shall each be paid the overseas recruitment or re- tention differential provided for in section 3657 of this title.’’ 1990—Subsec. (b). Pub. L. 101–510 inserted before pe- riod at end ‘‘, and, if eligible, shall each be paid the overseas recruitment or retention differential provided for in section 3657 of this title’’. Statutory Notes and Related Subsidiaries SAVINGS PROVISION Pub. L. 104–201, div. C, title XXXV, § 3524(b), Sept. 23, 1996, 110 Stat. 2861, provided that: ‘‘Nothing in this sec- tion [amending this section] shall be considered to af- fect— ‘‘(1) the tenure of the individual serving as Deputy Administrator of the Commission on the day before subsection (a) takes effect [section 3524(a) of Pub. L. 104–201, effective Sept. 23, 1996]; or ‘‘(2) until modified under section 1104(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.’’ Executive Documents DELEGATION OF FUNCTIONS Authority of President under this section to fix the compensation of and to define authorities and duties of Deputy Administrator delegated to Secretary of De- fense, see section 1–302 of Ex. Ord. No. 12215, May 27, 1980, 45 F.R. 36044, set out as a note under section 3601 of this title. § 3615. Consultative Committee (a) Designation and coordination The President shall designate, and the Sec- retary of State shall coordinate the participa- tion of, representatives of the United States to the Consultative Committee to be established under paragraph 7 of Article III of the Panama Canal Treaty of 1977. (b) Functions The Consultative Committee shall function as a diplomatic forum for the exchange of views be- tween the United States and the Republic of Panama. The Committee shall advise the United States Government and the Government of the Republic of Panama on matters of policy affect- ing the operation of the Panama Canal. The Committee shall have no authority to direct the Commission or any other department or agency of the United States to initiate or withhold ac- tion. (Pub. L. 96–70, title I, § 1105, Sept. 27, 1979, 93 Stat. 457.) § 3616. Joint Commission on the Environment (a) Establishment; composition The United States and the Republic of Pan- ama, in accordance with the Panama Canal Treaty of 1977, shall establish a Joint Commis- sion on the Environment (hereinafter in this section referred to as the ‘‘Joint Commission’’) to be composed of not more than three rep- resentatives of the United States and three rep- resentatives of the Republic of Panama, or such other equivalent numbers of representatives as may be agreed upon by the Governments of the two countries. The United States members of the Joint Commission shall periodically review the implementation of the Panama Canal Trea- ty of 1977 with respect to its impact on the envi- ronment and shall, jointly with the representa- tives of the Government of Panama, make rec- ommendations to the United States Government and the Government of the Republic of Panama with respect to ways to avoid or mitigate ad- verse environmental impacts resulting from ac- tions taken pursuant to such Treaty. (b) Appointment; compensation and travel ex- penses Representatives of the United States on the Joint Commission shall be appointed by the President and shall serve at the pleasure of the President. Such representatives shall serve without compensation but shall be allowed trav- el or transportation expenses, including per diem in lieu of subsistence, in accordance with section 3617 of this title. (c) Protection of pay, seniority, or other rights or benefits of appointed or detailed Federal em- ployees Any Federal employee subject to the civil service laws and regulations who is detailed to serve with, or appointed by, the United States representatives on the Joint Commission shall not lose any pay, seniority, or other rights or benefits by reason of such detail or appoint- ment. (d) Compensation of necessary personnel The United States representatives on the Joint Commission may, to such extent or in such amounts as are provided in advance in ap- propriation Acts, appoint and fix the compensa- tion of such personnel as the representatives of the United States on the Joint Commission may consider necessary for the participation of the United States on the Joint Commission. (e) Rules of procedure; establishment; approval The United States representatives on the Joint Commission may, in cooperation with the representatives of the Republic of Panama on the Joint Commission, establish rules of proce- dure to be used by the Joint Commission in con- ducting its affairs, subject to the approval of such rules by the Governments of the United States and the Republic of Panama. (Pub. L. 96–70, title I, § 1106, Sept. 27, 1979, 93 Stat. 457.) § 3617. Travel expenses While away from their homes, regular places of business, or official stations in performance of services under this part, members of the Board of the Commission and the representa- tives of the United States on the Consultative Committee referred to in section 3615 of this title and on the Joint Commission on the Envi-