Title 22 — Foreign Relations and Intercourse
Part 1 · Chapter 51 — Panama Canal
§ 3613. Administrator
Statutory text
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.
Compensation
The Administrator shall be paid compensation in an amount, established by the Board, not to exceed level III of the Executive Schedule.
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.
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—
during any period during which that individual serves as both Administrator of the Commission and the Administrator of the Panama Canal Authority—
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;
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;
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
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
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.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Panama Canal Act of 1979
Pub. L. 96–70 title I § 1103 · 93 Stat. 452
Enacted · 22 U.S.C. § 3613
Pub. L. 96–70, title I, § 1103, Sept. 27, 1979, 93 Stat. 457
Source evidence
Code source credit
Pub. L. 96–70, title I, § 1103, Sept. 27, 1979, 93 Stat. 457Enacted provision · exact public law section
Sec. 1103. administrator There shall be an Administrator of the Commission, who 22 USC 3613. 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.Panama Canal Act Amendments of 1996
Pub. L. 104–201 div. C title XXXV § 3523(a) · 110 Stat. 2422
Amended · 22 U.S.C. § 3613
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.”
Source evidence
Code amendment note
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.”Enacted provision · exact public law section
(a) In General.— Section 1103 (22 U.S.C. 3613) is amended to read as follows: “Sec. 1103. “administrator (a) 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) The Administrator shall be paid compensation in an amount, established by the Board, not to exceed level III of the Executive Schedule.”National Defense Authorization Act for Fiscal Year 1998
Pub. L. 105–85 div. C title XXXV § 3521 · 111 Stat. 1629
Added · 22 U.S.C. § 3613(c); 22 U.S.C. § 3613(d)
Pub. L. 105–85 added subsecs. (c) and (d)
Source evidence
Code amendment note
Subsecs. (c), (d). Pub. L. 105–85 added subsecs. (c) and (d).Enacted provision · exact public law section
SEC. 3521. AUTHORITY FOR THE ADMINISTRATOR OF THE COMMISSION TO ACCEPT APPOINTMENT AS THE ADMINISTRATOR OF THE PANAMA CANAL AUTHORITY. (a) Authority for Dual Role.— Section 1103 (22 U.S.C. 3613) is amended by adding at the end the following new subsection: “(c) 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.”. (b) Waiver of Ethics and Reporting Requirements.— Such section is further amended by adding at the end the following new subsection: “(d) 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, United States Code, 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, United States Code, 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 501(a) and 502(a)(4) of the Ethics in Government Act of 1978 (5 U.S.C. App.), 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, United States Code, with respect to acts done in carrying out official duties as Administrator of the Panama Canal Authority.”.Pub. L. 117–286 § 4(c)(30) · 136 Stat. 4196
Substituted · 22 U.S.C. § 3613(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.),”
Source evidence
Code amendment note
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.),”.Enacted provision · exact public law section
(30) Section 1103(d)(1)(D) of the Panama Canal Act of 1979 (22 U.S.C. 3613(d)(1)(D)) is amended by striking “sections 501(a) and 502(a)(4) of the Ethics in Government Act of 1978 (5 U.S.C. App.),” and inserting “sections 13143(a) and 13144(a)(4) of title 5, United States Code,”.
4 of 4 references resolved to an enrolled provision
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, 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.
Amendments1996–2022 · 3 rounds
2022
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), , 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 ]; 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.”